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HomeMy WebLinkAbout1000-122.-4-13Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: L_ 53095 Main Road EO. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 ?oiO May 10, Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. # 6398 S. Cebulski Dear Mark: We have received an application for additions and alterations to a single family dwelling. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter, r Thank you. Very truly yours, ~Leslie/Kx. Weisman ! 'Chai~e~n [ By: (~d~_~ Encls. TO: FORM NO. 3 NOTICE OF DISAPPROVAL Robert Hemnann for S Cebulski 1319 No. Sea Rd. Southampton, NY 11968 DATE: April 9, 2010 Amended: May 7, 2010 Please take notice that your application dated March 11, 2010 For additions (including 2na story) & alterations to an existing single family dwelling at Location of property 2600 Ole Jule La., Mattituck, NY County Tax Map No. 1000 - Section 122 Block 4 Lot 13 Is returned herewith and disapproved on the following grounds: The proposed second story & porch construction on this non-conforming 12,858 sq. fl, lot, is not permitted pursuant to Article XXIII Section 280-124 which states; "This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are reco, .~niTed by the town under 280-9, are nonconforming & have not merged pursuant to 2.80-10." For lots less than 20,000 sq. ft., the required front yard setback is 35'. The proposed additions indicate a front yard setback of approximately 31'. Additionall¥~ the required side ,yard setbacks are 10' & 25' combined. The proposed addition indicates a minimum setback of 8.9' and approx. 22.9 combined. In addition~ the proposed addition is not permitted pursuant to Article XXII Section 280- i 16 which states: I bufldmgs or structures located on lots upon which a bulkhead, ... and which are adjacent to tidal water bodies other than sounds shall be set back not less than 75 feet from the bulkhead." The proposed deck addition is indicated at 53' from the bulkhead. This Notice of Disapproval was written based on a survey by J. Ehlers updated 04- 06-10. · Authorized Signature FORM NO. 3 NOTICE OF DISAPPROVAL DATE: April 9, 2010 TO: Robert Herrmann for S Cebulski 1319 No. Sea Rd. Southampton, NY 11968 Please take notice that your application dated March 11, 2010 For an additions & alterations to an existing single family dwelling at Location of property 2600 Ole Jule La., Mattituck, NY County Tax Map No. 1000 - Section 122 Block 4 Lot 13 Is returned herewith and disapproved on the following grounds: The proposed second story & porch construction on this non-conforming 12,858 sq. ft. lot, is not permitted pursuant to Article XXIII Section 280-124 which states; "This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under 280-9, are nonconforming & have not merged pursuant to 280~10.' For lots less than 20,000 sq. ft., the required front yard setback is 35'. The proposed additions indicate a front yard setback of approximately 31 '. In addition, the proposed addition is not permitted pursuant to Article XXII Section 280- 116 which states: "All buildings or structures located on lots upon which a bulkhead, ... and which are adiacent to tidal water bodies other than sounds shall be set back not less than 75 feet from the bulkhead." The proposed deck addition is indicated at 53' from the bulkhead. This Notice of Disapproval was written based on a survey by J. Ehlers updated 04- 06-10. Authorized Signature Notes: Filed By: Date Assigned/Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Parcel Location: House No.2600 Street OLE JULE LANE HamletMATTITUCK SCTM 1000 Section 122 Block 4 Lot(s). 13 Lot Size12,858 S.F. Zone DistrictR-40 1 (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED:/~c~Nog'j)4-9'l° ~3_.../~coBASgD ON MAP DATED~ 4-6-10 Applicant(~): SUSAN CEBULSKI, ARTHUR FARNBACH & PAUL FARNBACH Mailing Address:C/O SUSAN CEBULSKI, 2600 OLE JULE LANE, MATTTITUCK, NY 11952 Telephone: 631-298--4622 Fax: NOTE: In addition to the above, please completed below if applicant is signed by applicant's aaomey, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Nameof Representative:EN-CONSULTANTS, INC for (X) 0wner, or( )Other: Agent's Address: 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 Telephone: 631-283-6360 Fax:631-283-6136 Email: RHERRMANN@ENCONSULTANTS.COM Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or [] Authorized Representative, or [] Other Name/Address Below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 4-6-10 AN APPLICATION DATED: 3-10-10 FOR: [] Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction Other: and DENIED Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article XXII Section 280- 116 Subsection B Article XXIll Section 280- 124 Subsection B AND ANY OTHER RELIEF NECESSARY Type of Appeal. An Appeal is made for: [] A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal [] has [] has not been made at any time with respect to this property. UNDER Appeal No. Year__. (Please be sure to research before completing this question or call our office for assistance). Susan Cebulski, Paul Fambach ZBA File # Name of Owner: & Arthur Farnbach REASONS FOR APPEAL (additional sheets may be used with prepareWs signature): AREA VARIANCE REASONS. (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: SEE ATTACHED (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: SEE ATTACHED (3) The amount of relief requested is not substantial because: SEE ATTACHED (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: SEE ATTACHED (5) Has the alleged difficulty been self-created? ( )Yes, or (x)No. SEE ATTACHED Are there any Covenants and Restrictions concerning this land: [] No f-lYes (plec~efurntsh copy). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEAS~ COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) _~ Signature of Al~pellant or Aut~Agent Sworn t Lefore me this ~,.~c~_ (Agent must submit written Authorization from Owner)  ROBERT E. HERRMANN COASTAL MANAGEMENT SPECIALIST ~ ~tal-~l~ublic t~- ~ 1. The granting of the requested relief from §280-116(B) for the proposed second-story addition to the existing one-story dwelling will not cause a change to the character of the community, which is characterized by numerous two-story dwellings located as close or closer to bulkheads and other shoreline structures located along the adjacent dredged canal. Although relief is requested to extend a deck closer to the bulkhead (+53') than the existing dwelling (+65'), the deck would be constructed in place of and within the same footprint as the existing concrete patio. Therefore, with respect to setbacks from the bulkhead to structures, the relief will not alter the character of the subject parcel. With respect to the project's impacts on neighboring properties, the subject dwelling is and will continue to be set back slightly farther from the bulkhead and canal than the adjacent dwellings, and the dwelling will not encroach any closer to the neighboring parcels. Therefore, the project will also not negatively impact the adjacent properties. Although a maximum of 4 feet of front-yard setback relief is required pursuant to §280- 124(B) for the proposed additions and alterations, the proposed fascia addition would extend 13 feet of the front of the dwelling only 12 inches closer (31 ') to the road than the existing dwelling (32'), and the proposed front porch would be located one foot farther from the road (33') than the existing dwelling. These additions would therefore not cause any significant change to the character of the property or community nor adversely impact the neighboring parcels. The existing dwelling currently provides three bedrooms; a small, outdated kitchen; and minimal storage for a couple, two children, and the children's grandmother. The proposed additions, which would add a fourth bedroom, a larger and modernized kitchen, and adequate storage space, could not be located anywhere on the property that would not require relief from Chapter 280 due to the preexisting location of the dwelling, the presence of the existing bulkhead, and the size and configuration of the 12,858 square- foot, undersized parcel. Providing the increased living space by expanding the footprint of the dwelling rather than adding a second story would require significantly more relief and would be more likely to impact adjoining parcels. Therefore, the proposed design seeks the minimum relief necessary to provide for the needs of the applicants' family. The relief requested from §280-116(B) is mathematically substantial (22 feet or +29% relief) but not substantial in fact because the upper story addition will be located no closer to the bulkhead than the existing dwelling. And although the proposed deck introduces structural area regulated by Chapter 280 closer to the bulkhead than what currently exists (53' verSus +65'), the deck will be located within the same footprint and have the same bulkhead setback as the existing masonry patio. The 4 feet or +11 percent of front-yard relief requested from §280-124 is neither substantial mathematically nor substantial in fact because the proposed fascia addition will situate the southwest comer of the dwelling only 12 inches closer to the road than the existing house comer and the front porch will actually be set back slightly farther ~_33') from the road than the comer of the existing dwelling (+32'), requiring only 2 feet of relief. 4. With respect to the physical and environmental conditions of the property and surrounding neighborhood, the project will not create any significant change to the developed nature of the property, and as a result of the incorporated mitigation measures, there will be a net improvement to the ecological condition of the site and adjacent waterway. Specifically, the structural areas on the property will not be constructed any closer to the bulkhead than what currently exists and lot coverage by impervious surfaces will actually decrease by approximately 13 square feet as a result of the removal of a 213 square-foot concrete pad located +34' from the bulkhead. Moreover, constructing a wood deck in place of the existing masonry patio adjacent to the house will provide a less impervious surface over the same area. A drainage system of leaders, gutters, and drywells will also be added to the property to capture and recharge roof runoff, thus serving to further reduce the volume of surface runoff. Representing the most substantial improvement to the property will be the removal of a nonconforming sanitary system located less than 30 feet from the bulkhead and installation of an upgraded sanitary located more than 100 feet from the bulkhead, which will result in an improvement to both groundwater and surface water quality. An existing 10-foot wide, +830 square-foot nonturf buffer will be maintained behind the bulkhead, and the project has been approved pursuant to both State and Town Wetlands Laws, as evidenced by the attached permits issued by the Board of Town Trustees and New York Slate Department of Environmental Conservation. 5. The difficulty with locating the proposed expansion without necessitating variance relief is not self-created due to the nonconforming location of the existing dwelling. QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? [] Yes [] No Are there any proposals to change or alter land contours? [] N o 12] Yes, please explain on attached sheet. 1) Are there any areas that contain sand or wetland grasses?YES 2) Are these areas shown on the map submitted with this application?YES 3) Is the property bulkheaded between the wetlands area and the upland building area? YES 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction?YES Please confirm status of your inquiry or application with the Trustees:WETLANDS PERMIT NO. 7158 ISSUED AUGUST 19, 2009 and if issued, please attach copies of permit with conditions, and approved map. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? NO Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting?NO (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? NO If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel?NO If yes, please label the proximity of your lands on your map with this application. H.. Please list present use or operations conducted at this parcel One-story, one-family dwelling with attached gara~, and proposed use two-story, one-faraily dwelling with attached garage (exan~s:_existing:~ single-family; proposed: same with garage or pool, or other description.) Authorized'~nature and Date [ t' z/os; ~/o7 ROBERT E. HERRMANN COASTAL MANAGEMENT SPECIALIST APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applican t: sus^$ CEmmSKi, P^un F^R~,m^Ca & ARTUU}~ F^am^c. Date Prepared:4/29/lO I. For Demolition of Existing Building Areas Please describe areas being removed: l) +/-l l' X +/-20' concmte pad in rear yard is to be removed; and 2) existing wood deck, steps, and concrete patio attached to rear of house is to be removed and replaced with wood dock in same footprint as concrete patio. II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 2' x 15.8' (rear); 1' x 13' (front fascia); 4' x 18' (front porch) Dimensions of new second floor: t,141 s.f. Dimensions of floor above second level: 2' - 5' high attach for storage (+/-800 s.f.) Height (from finished ground to top of ridge): 27.5' Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: N/A III. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: One-story, 3-bedroom house with attached garage, wood deck, and masonry patio. Number of Floors and Changes WITH Alterations: Two-story, 4-bedroom dwelling with attached garage, wood deck and covered porch. IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 1,514 S.F. Proposed increase of building coverage: 412 S.F. Square footage of your lot: 11,558 S.F. (buildable land) Percentage of coverage of your lot by building area: 16.8% V. Purpose of New Construction Requested: To enlarge living space and to create an additional bedroom, a working kitchen and storage space, VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): The elevation of the land decreases gradually from the road to the bulkhead (+/-5-foot change in elevation over 155 feet) and is unrelated to the relief requested. Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking corners for new construction), or photos of existing building area to be altered (area of requested changes). PHOTOS INCLUDED. 7/2002; 2/2005; 1/2007 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM TheToxvnofSo holds 'odeofEthics oh' it, con icso i reston emrtof 'n er al ~ 'e ',' I se t ig frm is t vide in o ' ti n whicl - n ~le the tow~ necessa~. ~o avoid sine. (L~t name, hr~ name, m~ddle mit{aL unless you are applyi~n~ in the name of sonleolle else or other ent~. stlch as a ~}mpa~5. [f'so. illdieate the other l~rmn's or company's name.) NAME OF APPLICATION: (Check all that Tax grmxance Variance Bu[kllng Ch~ge oCZone Trustee Approval of plat C( astal Erosion ....... Mooring Exemption from plat or official map Phmning ~_ Other (if"Other" name the activin,.) I)o you pemonaily (or througl~ your company, s~nse, sibling, parent, or child) have a relationship with any officer or employee ' ' ' ' ' 72 .'e~hns even a partial ownership ~f(or emplovmen by) a co.ration YES NO __ ~. If you answered "YES". complete the balance of this form and date and sign where indicated. Name of pemon employed by the Town of Southold Title or position of that ~rson Descri~ the relationship l~tween your~lf(fl~e applican~/agenffrepresentatix c} and the to~ o~cer or employee. Either check thc appropriate line A) through D) anWor descri~ in the space provided. The toxin officer or employee or his or her s~mse, sihllng, parent, or child is {check all that apply}: _ - A) the owner o f greater than 5 o offl e shams ol the corporate stock ol the apphc~t {when the applicant is a m~mfion); .... B) the legal or bo~ficial omer of~y interest in a non-co~omte entity (ivhen the ~plicant is not a con, ration); .... C} ~ o lt~cmr, director, pruner, or employee of the applicant; or ~D the actual appllcanL DESCRIPTION OF RELATIONSHIP Form TS 1 Submitted this Signature Print Name _~__~ APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM (Last mane, firs1 n~t¢, middle initial, Iml~.~ yo~ are o. pplyh~g in ~he n~ or NAM~ 0F APPLICA'I'[0N: (Ch~ck all that app y ) Approval of pl~ Mooring i,eludlng a p~m=rship, in whioh the town of flint or employee has even a patxial ownerahlI) of(or employment by) a ~orporation YES NO f Name of pvrson employ=d by the Town of Suu~.hold A) thc owner of gr=gt~r thml 5% of the shazg~ or tho oorpomt~ sto~k of thc appli¢~t (witch the applic~t is s eorporatlun); D) the actual applicant. DESCI~2PTION OF RELATIONSHIP Form TS 1 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM Tile Town of Soutbold's Code of Ethics prohibits conflicts 0f interest on the part of town officers and employees. The purpose of tbis form ~s to m'ovide information which can alert the town of possible conflicts of interest and allow it to take wbatever action is necessary to avoid same. (Last name, first name, mid~Je 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 ali that apply) Tax grievance Variance Change of Zone Approval of plat Exemption from plat or official map Other (lf"Otber", name the activity.) Building Trustee Coastal Erosion Mooring Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship witb any officer or employee oftbe Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which tile town officer or employee has even a partial ownership of (or employment by) a corporatmn in which the town officer or employee owns more than 5% of the sbares. YES NO J lfyou answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Soutlmld Title or position of that person Describe the relationship between yourself(the applicant/agent/representative) and tbe town officer or employee Eitber check the appropriate line A) through D) and/or describe in tile 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 corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (wben 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 ~day of~"~fl~ ~i1[ ? 200 ~ Signature ~?:z.-dtiA ~ (~r,( ~.~ ) ~ EN-CONSULTANTS, INC. 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www.enconsultants.com ENVIRONMENTAL CONSULTANTs TO WHOM IT MAY CONCERN: This letter will authorize En-Consultants, Inc. to represent me and act on my behalf with regard to environmental matters and/or permits. /' Signature Print Signature Print Dated: AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM~ The form must be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500feet of a farm operation located in agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239- m and 239-n of the General Municipal Law. 1) Name of Applicant: EN-CONSULTANTS, INC. 2) Address of Applicant: 1319 NORTH SEA ROAD, SOUTHAMPTON, NY 11968 3) Name of Land Owner (if other than applicant) SUSAN CEBULSKI, PAUL FARNBACH & ARTHUR FARNBACH 4) Address o f Land Owner: C/O SUSAN CEBULSKI, 2600 OLE JULE LANE, MATTTiTUCK~ Ny 11952 5) Description of Proposed Project: CONSTRUCTION OF ADDITIONS & RENOVATIONS TO EXISTING SINGLE-FAMILY DWELLING. 6) Location of Property (road and tax map number):26oo OLD JULE LANE, MATTITUCK, SCIM #1000-122~4-13 7) IS the parcel within an agricultural district? [~No [] Yes If yes, Agricultural District Number 8) Is this parcel actively farmed? ~]No []Yes 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address 1. 2. (Please use back side of page if more than six property owners are identified.) The lot numbers tlaay be obtained, in advance, when requested from either the Office 765-I 938 or th~ofiing Board of Appeals at 765-1809. of the Planning Board at Slgna~tur-~Uof App icant Date -- Note: I. The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the board to the property owners identified above. The cost for mailing shall be paid by the applicant at the time the application is submitted for review. Failure to pay at such time means the application is not complete and cannot be acted upon by the board, 1~14-09 14164 (9/95)--Text 12 IPROJECT ID. NUMBER SHORT 617,20 Appendix C State Environmental Quality Review ENVIRONMENTAL ASSESSMENT For UNLISTED ACTIONS Only PART I -- PROJECT INFORMATION (To be completed by Applicant or Project sponsor) I APPLICANT/SPONSOR:SUSAN CE]~ULSK], DAUL ] 2 PROJECT NAME FARNBACH A ARTHUR FARNBACH BY EN-CONSULTANTS, INC. [ 3 PROJECT LOCATION: Municipality MATTITUCK County SUFFOLK 4 PRECISE LOCATION (Street address and road intersections, prominent landmarks, ere, or provide map) ~600 Cie Jule Lane, NLATTITUCK, TOWN OF SOUTHOLD, SCTM # ] 000-122-4-13 [~IS~OPOSEDACTG Exloansion [] Modi§cation/alteratJon DESCRIBE PROJECT BRIEFLY: FORM SEQR Construct onto existing one-story, one-family dwelling a second-story addition over the existing flint story (to remain), a covered porch and steps, a one-story fascia addition beneath the proposed second-story, and a 2' x +/-16' one-story addition; construct +/-13' x 28' woe deck and 5.5' x 8' steps in place of existing concrete patio, wood deck, and steps to be removed; remove existing sanitary system and install relocated, upgraded sanitary system; and install a drainage system of drywells and public water service, all as depicted on the si plan prepared by John C. Ehlers Land Surveyor, last dated April 6, 2010. Initially 0,~3 acres Ultimately 0.3 acres VVILL PROPOSED ACTION COMPLY V~ITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? E~es [] No If No, describe briefly 9. VVHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] Park Forest/Open space [] Other ]Y e s [] N o If yes, list agency(s) and permit/approvals NYS DEC, SOUTHOLD TRUSTEES, SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES 1. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? []Yes [] No If yes, list agency name and permit/approval NYS DEC #1-4738-03291/00002 SOUTHOLD TRUSTEES #7158, SUFFOLK COUNTY DEPT. OF HEALTH #R10-09-0046 []Yes []N o I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name RO~RT E. HERKMANN, COASTAL MANAGEMENT SPECIALIST D A T E 4/29/I0 Signature: ~ ..~'~IX/%~ ~ If the action is in the Coastal Area, and you are a state agency, 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 61747 If yes coordinate the review process and use the FULL EAF S V~LL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR PART 6r? 6? If no, a negative declaration may be superseded b another involved agency C COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING, (Answers may be handwritten, if legible) 01 Existing air quality Surface or groundwater quality or quantity noise levels existing traffic patterns solid waste production or disposal potential for erosion, drainage or flooding problems! Explain briefly: C3. Vegetation of fauna, fish, shellfish or w d fe species, significant habitats, or threatened or endangered species? Explain briefly: C4 A community's existing plans or goals as off c ally adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly, C5. Growth, subsequent development, or related activities likely to be induced by the proposed ac on? Explain briefly. C6. Long term. snort term, cumulative, or other effects not identified in C1-C57 Explain briefly. 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 [] NO E IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENV RONMENTAL IMPACTS'~ []Yes [] No If Yes, explain briefly PART lin DETERMINATION OF SIGNIFICANCE (To be Completed by Agency) INSTRUCTIONS: Eot 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; (c) 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 boon identified and adequately addressed. If- question D of Part 11 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 impa, cts which MAY occur. Then Proceed directly to the FULL EAF and/or prepare a positive declaration. [] Check this box it 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 ot Leao Agency I itle ot Nespor, Slble (Jtllcer Signature of Preparer (If different from responsible officer) Date 2 SURVET' OF: PROPERTY 51TUATE-. HATFITUOK TOPIN: 5OUTHOL~ 5UI=I=OLK ~T'Y, NY 5URVE'r'EO O5-1D--2OOCl PROPOSED AC,TION5 O(~-1./-2OOq O./-O~-2OOq, O-/-15-2OOq, IO-2~-2OOq O4-O~-2OIO 5C~=~:OLK C,OUNT~ TAX # Tr~ur~r 6oun~ IOOO - 1:22 - 4 - N E ~OARD OF APPEAi~ McDONALD ~EOSCIENC, E ~-22 -200-/ OARK BROkeN SANDY LOAM BROI,'"tN SILT'( SAND PALE BROWN FINE SAND IN PALE FINE SAND J / SEPTIC, DESIGN BY FREDERICK KEITH P.E. LIC,. NO. E, qq,5,q DRAINAGE C,ALC, ULATIONS: ROOF (D~ELLIN~) DINELLIN~ ROOF AREA I&OO I~O X O.I-/ X I.O = 2-/2 C,.F, 2-/2 / 42.24 = &.44 V.L.F. F~J-=G~UIRED F~.OVIOE 4 b'-O" DIA. X ~4'-O" DEF:q3-1 DRAINAGE POOL5 ~ V,L.F, PROVIDED NOTE~: 0 PIPE FOUND · IRON PIN FOUND ~P. APHIC SC, ALE I"= 20' ;?_0~0~o ~0 LOT COVF_.,~GE JOHN C. EHLERS LAND SURVEYOR. 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.-C:~)ocuments and Settings\Owner~My Documents~vly Dropbox\03\03\03-267 PROPOSED REV. 10-29-09.pro I SECTION D-D SCALE: 1/8" = 1'-0" A-! APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM Th~ Towfl of Sos~thnld'$ Cod~ of Ethics urohibits conflicts ofinte~st on the oart of town officers and emniovees. The onmo*e of ~his form is to nmvide information which can alert the town of ooss~le conflicts of interest sod allow it to take whatever action is necessary to avoid same. (Last aam~, first acne, middle ini~al, unlessyou arc applying in-fl~ name of someone else or other entity, such as a company. If so, indicate the o~er person's or company's natty.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Varisoce ~ Trustee Change of Zone Coasial 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" includes by blood, marriage, or business interest. "Besine~ interest" means a business, includlntl a pa~therehip, in which the town officer or employee hes even a partial ownership of (or employment by) a corporation in which the town officer or employee owns mom thso 5% of the shares. YES NO ~ t£you answered '~r.S'!, complete thc balance of thi* form and date ~md ,ign where indicated. Name of per, on empioyexl by the To,am 0£$outhold Title or po*ition of that person Describe the rela~/onship between your~lf 0he applieaat/age~/mpresentatiYe) and the town officer or employee. Either check the appropriate line ^) ~hrough D) md/or d~.'nlba in tl~ ~paee provided. The town officer or employee or hi* or her *pou~, ~ibllng, parent, or child is (check all that apply ): ^) the owner of great' gum 5% of thc ~ of thc eo~,rete ato~ of the applicant {wh~ the ~pplicant is a oor~rafion); . B) tho I~gal or beneficial owner of my inter~ in a non-~orperate entity (when the applicant is not a corporation); (2) so office', di/~ctor, partner, or amployee oftl~ applicant; or D) the ~.ual applicam. MAY ? 2010 BOARD OF APPEALS DESCRIPTION OF RELATIONSHIP Form TS I Signature Print Name ' ~ ~'o~,- + /:~. OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Hd. & Youn/~ Ave.) ~uthol~l. NY 11971 MAILING ADDRESS: P,O. t~x 1179 Southold, NY 11971 Telephone: 631 F~SS-1938 Fax; 691 785-3136 LOCAL WATERFRONT I~E¥1.1,;ti.i~,ATiON PP. OGHAM TOWN OFSOUTHOLD To: Jim King, President Town of Southold Board ,~ of Trustee From: Mark Terry, Principal Planner, LWRP Coordinator Date: August 13, 2009 Re: Proposed Wetland Permit for SUSAN CEBULSKI, ARTHUR FARNBACH AND PAUL FARNBACH SCTM#1000-122-4.13 SUSAN CEBULSKI, ARTHUR FARNBACH AND PAUL FARNBACH requests a Wetland Permit to construct onto existing one.story, one-family dwelling a second-story addition over the existing first story (to remain), a covered porch and steps, one-story fascia addition beneath proposed second-story, 2'X 16' one-story addition, 5'X 10' second-story deck; construct a 13'X 28' wood deck and 5.5'X 8' steps in place of existing concrete patio and WOod deck and steps to be removed; remove existing sanitary system and install relocated, upgraded sanitary system; and install a drainage system of drywells and public water service. Located: 2600 Ole Jule Lane, Mattituck. SCTM#122-4-13 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 deportment, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP, Pursuant to preparing itsChapter 268, the Board of Trustees shall consider this recommendation in written determination regarding the consistency of the proposed action. Cc: Lorl Hulse, Assistant Town Attorney Town of Southold A. INSTRUCTIONS 1. LWRP CONSISTENCY ASSESSMENT FORM A II applicants for perm its* including T ow 0 of S 0uth01d agencies, shall c0m plete th is C C A F for proposed acti0nsthataresubjectt0theT0wn0fS0nth0td Waterfr0ntC0nsistency Review Law. This assessmentisintendedt0sopplement0therinf0rma~i0n used by aT0wn 0fS0u~h01d agency in m a k in g a d ete r m in a ti0 n 0 f 00 n s is t e n c y. *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 Sonthold 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" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thns~ each answer must be explained in detail~ listing both snpporting and non- snDportine facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. SCTM# 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. DESCRIPTION OF SITE AND PROPOSED ACTION 122 4 13 PROJECT NAME Susan Cebulski, Arthur Farnbach & Paul Farnbach The Application bas been submitted to (check appropriate response): TownBoard [~] Planning Board[---] Building Dept. [--] BoardofTrustees[~ Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital [---I construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) I~ (c) Permit, approval, license, certification: [~ Nature and extent of action: Construct onto existing one-story, one-family dwelling a second-story addition over the existing first story (to remain), a covered porch and steps, a one-story fascia addition beneath the proposed second-story, a 2' x + 16' one-story addition, and a 5' x 10' second-story deck; construct +13' x 28' wood deck and 5.5' x 8' steps in place of existing concrete patio and wood deck and steps to be removed; remove existing sanitary system and install relocated, upgraded sanitary system; and install a drainage system of drywells and public water service, all as depicted on the site plan prepared by John C. Ehlers Land Surveyor, last dated July 15, 2009. Location of action: 2600 OLE JULE LANE, MATTITUCK Site acreage: 0.30 ACRE Present land use: IMPROVED RESIDENTIAL, ONE-FAMILY DWELLING Present zoning classification: R-40 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Susan Cebulski, Arthur Farnbach & Paul Farnbach (b) Mailing address: c/o Susan Cebulski; 2600 Ole Jule Lane Mattituck, NY 11952 (c) Telephone number: Area Code 631-298-4622 (d) Application number, if any:. 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? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. 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. WlYes 7-1 No Applieah,e 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 [5~ Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria 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 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 [5~ Yes [--] No [~] Not Applicable The project will result in a minimal increase of 230 square feet to lot coverage by impervious surfaces, which will be mitigated by 1) removal of a sanitary system located approximately 14 feet from the fronting bulkhead and installation of an upgraded, SCDHS-approved sanitary system located +/-93 feet farther landward; and 2) installation of a drainage system of drywells, leaders, and gutters to capture and recharge roofrtmoff. The existing 10, /-820 s.f. nonturf buffer behind the bulkhead will also be maintained. Therefore, the project will be consistent with Policy 5. 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 Due to lot size and location of the existing dwelling relative to the bulkhead and adjacent wetlands, it is not possible to meet all recommended setbacks, but the expansion of the dwelling proposed outside the existing structural footprint has been limited to 142 s.f. and without any additional encroachment on wetlands, with the exception of a set of access steps to the wood deck being constructed in place of the existing concrete patio. The project will be consistent with Policy 6 for these reasons and for the reasons described in relation to Policy 5 above (i.e., upgraded, relocated sanitary system; installation of drainage system; and maintenance of nonturf buffer); and due to project mitigation measures during construction, such as maintenance of a project-limiting fence and haybales to contain construction debris and disturbance, due to the presence of the functional, pre-1977 bulkhead, the project has been determined to be beyond the Tidal Wetlands jurisdiction of the NYS DEC. 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. I-1 Yes [--I No mot Applicable 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 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 At/ach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent u'ses an~ promote siting of new water-del~endent uses in suitable locations. See LWRP Section IH - Policies; Pages 47 through 55 for evaluation cr'iteria. ~ Yes ~] No ~ Not Applicable 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 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 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 PREPARED BY TITLEcoAST^LMOMTSPECI^LIST DATE 7/15/09 ROBERT-Ed. HERRMANN Amended on 8/1/05 NEW YORK STATE DEPARTMEN DEC PERMIT NUMBER 1-473e-03291/00002 m EFFECTIVE DATE . December 4, 2009 FACILITY/PROGRAM NUMBER(S) PERM IT EX.IRAT,ON DATE(S> Under the Environmental November 17, 2014 Conservation Law TYPE OF PERMIT " New [] Renewal (~ Modification [] Permit to Construct G Permit to Operate E] Article 15, Title 5: Protection of Waters [] Article 15, Title 15: Water Supply [] Article 15, Title 15: Water Transport D Article 15, Title 15: Long Island Wells E] Article 15, Title 27: Wild, Scenic and Recreational Rivers 6NYCRR 608: Water Quality Certification PERMIT ISSUED TO Susan Cebulski & Paul Farnbach [] Article 17, Titles 7.8: SPDES [] Article 19: Air Pollution Control [] Article 23, Title 27: Mined Land Reclamation [3 Article 24: Freshwater Wetlands · Article 25: Tidal Wetlands [] Article 27, Title 7; 6NYCRR 360: Solid Waste Mana~lement ADDRESS OF PERMITTEE C/O Susan Cebulski, 2600 Die Jule Lane, Mattituck, NY 11952 Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management [] Article 34: Coastar Erosion Management [3 Article 36: Floodplain Management [] Articles 1, 3, 17', 19, 27, 37; 6NYCRR 380: Radiation Control TELEPHONE NUMBER (631) 298-4622 CONTACT PERSON FOR PERMITTED WORK EnConsultants Inc,, 1319 North Sea Road, Southampton, NY 11968 NAME AND ADDRESS OF PROJECT/FACILITY TELEPHONE NUMBER (631) 283-6360 2600 Die Jule Lane, Mattituck SCTM # 1000-122-4-13 Suffolk Southold James Creek DESCRIPTION OF AUTHORIZED ACTIVITY: Construct second story addition to existing single family dwelling. Construct 2' x 15.8' rear first story addition. Construct rear deck and front porch/steps. Remove existing concrete pad in rear yard. Replace existing septic system with new system located adjacent to Die Jule Lane. All work must be in accordance with the attached plans prepared by John Ehlers dated lO-?8-09and stamped NYSDEC approved 11/18/09. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified (see page 2 & 3) and any Special Conditions included as part of this permit. PERMIT ADMINISTRATOR: Susan V. Acl~rman ~ AUTHO RIZi~G,~~ IADDRESS Region 1 Headquarters, SUNY @ Stony BroOk, 50 Circle Road, Stony Brook, NY 11790-3409 SPECIAL. CONDITIONS 1. At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned along with photographs of the completed work. 2. Any debris or excess material from construction of this project shall be completely removed from the adjacent area and removed to an approved upland area for disposal. No debris is permitted in tidal wetlands or protected buffer areas. 3. The storage of construction equipment and materials shall be confined to the upland area landward of the bulkhead or on a barge. 4. A row of staked haybales or other approved erosion control devices shall be placed at the landward edge of the buffer area as per the NYSDEC approved plan, prior to commencement of any regulated activities and remain in place and in good, functional condition until the project is completed and all disturbed areas are stabilized with vegetation. 5. Disturbance to natural vegetation or topography greater than 25 feet seaward of the approved structure is prohibited. 6. Sanitary systems (bottom of the tank and leaching pools) shall be located a minimum of 2' above seasonal high groundwater. 7, Roof runoff shall be directed into dry wells a minimum of 50 linear feet landward of the tidal wetland boundary for immediate on-site recharge. DEC PERMIT NUMBER 1-4738-03291/00002 PAGE 2 of 4 ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (TITLE 5), 24, 25, 34 AND 6NYCRR PART 608 ( TIDAL WETLANDS) If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacityofthewatercourse. Noclaim shallbe made againsttheStateofNewYorkon accountofanysuch removal or alteration. The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. Any material dredged in the conduct of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. There shall be no unreasonable interference with navigation by the work herein authorized. If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require remove all or any.portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration'. 7. If granted under 6NYCRR Part 608, the NYS Department of Environmental Conservation ~ereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301,302, 303, 306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. 8. At feast 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work and, if required, a survey. 9. All activities authorized by this permit must be tn strict conformance with the approved plans submitted by the applicant or his agent as part Of the permit application. Such approved plans were prepared by: John Ehlers dated 10-28-2009. DEC PERMfT NUMBER 1-4738-03291/00002 PAGE 3 of 4 F~vv ~r ur~ ~ ( A I I: DEPARTMENT OF ENVIRONMENTAL CONSERVATION NOTIFICATION OF OTHER PERM, ITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the perm it whether in compliance or not ir) compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permlttee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescr bed for the permittee. Item C: Permittee Responsible for,Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or property held or vested in a person not a party to the permit. GENERAL CONDITIONS General Condition 1: Facility Inspection by the Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy bf this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. General Condition 2: Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. General Condition 3: Applications for Permit Renewals or Mo'dificaflons The permittee must submit a separate written application to the Department for renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. The permittee must submit a renewal application at least: a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste Management Facilities (SWMF); and b) 30 days before expiration of all other permit types. Submission of applications for permit renewal or modification are to be submitted to: NYSDEC Regional Permit Administrator, SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409 General Condition 4: Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit in accordance with 6 NYCRR Part 621. The grounds for modification, suspension or revocation include: a) materially false or inaccurate statements in the permit application or supporting papers; b) failure by the permittee to comply with any terms or conditions of the permit; c) exceeding the scope of the project as described in the permit application; d) newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; e) noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. DEC PERMIT NUMeER [ 1-4738-03291/00002 PAGE 4 OF 4 SURN,"E'r' OF PROPERT"r' 51TUAT~ MATTITU~K TOHN~ ~TdTHOI.~ ~RAPHIE, ,~2ALE I": 20' LOT COVEP~GE ~l~I'[ ~ CONCgE T ~' i,Zi'~- T~-~X)~[0 James F. King, President Jill M, Doherty, Vice-President Peggy A, Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 August19,2009 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Robert E. Herrmann En~Consultants, Inc. 1319 North Sea Road Southampton, NY 11968 RE: SUSAN CEBULSKI, ARTHUR FARNBACH & PAUL FARNBACH 2600 OLE JULE LANE, MATTITUCK SCTM# 122-4-13 Dear Mr. Herrmann: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, August 19, 2009 regarding the above matter: WHEREAS, En-Consultants, Inc. on behalf of SUSAN CEBULSKI, ARTHUR FARNBACH & PAUL FARNBACH 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 July 20, 2009, 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 August 19, 2009, 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 have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of SUSAN CEBULSKI, ARTHUR FARNBACH & PAUL FARNBACH to construct onto existing one-story, one- family dwelling a second-story addition over the existing first story (to remain), a covered porch and steps, one-story fascia addition beneath proposed second-story, 2'x16' one-story addition, construct a 13'x28' wood deck and 5.5'x8' steps in place of existing concrete patio and wood deck and steps to be removed; remove existing sanitary system and install relocated, upgraded sanitary system; and install a drainage system of drywells and public water service, and as depicted on the survey prepared by John C. Ehlers Land Surveyor, October 28, 2009, and received on November 2, 2009. 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:S100.00 Very truly yours, JaYmes F. KiC~'ng .,~ President, Board of Trustees JFK/eac BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7158 DATE: AUGUST 19, 2009 ISSUED TO: SUSAN CEBULSKI~ ARTHUR FARNBACH & PAUL FARNBACH PROPERTY ADDRESS: 2600 OLE JULE LANE~ MATTITUCK SCTM# i22-4-13 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or 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 August 19, 2009, and in consideration of application fee in the sum of $250.00 paid by Susan Cebulski Arthur Farnback & Paul Famback and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and pe~Tnits the following: Wetland Permit to construct onto existing one-story, one-family dwelling a second-story addition over the existing first story (to remain), a covered porch and steps, one-story fascia addition beneath proposed second-story, 2'x16' one-story addition, construct a 13'x28' wood deck and 5.5'x8' steps in place of existing concrete patio and wood deck and steps to be removed; remove existing sanitary system and install relocated, upgraded sanitary system; and install a drainage system of drywells and public water service, and as depicted on the survey prepared by John C. Ehlers Land Surveyor, October 28, 2009, and received on November 2, 2009. 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. 5UP-.VEY OF PROPF:R'F'r' 51TUATE~ HATTI'TUOK 5UF'F', OLt( COUN'Pi', N'r' TOWN S;ATE // 'HOLD Hc.,DONALD ~EOeCIENCE 8)-22-200'1 _ ..?_ ._ sANO % DRAINAGE CALCULATIONS, ROOF Dk4t~J_LIN~S ~OF AREA I(~,O0 S.F. 16OO X 8 V.L.F. Pt;~OVIOED j ®~APHIC. 5C.,ALE I": 20' SOUTH'OLD-TRUSTEES Address THIS NOTICE MUST BE ,DISPLAYED DURING CONSTRUCTION TOWN TRUSTEES OFFICE,TOWN OF SOUTHOLD 'SOUTHOLD, N.Y. 11971 TEL.: '765-1892 DEPARTMENT OF HEALTH SERVICES COUNTY OF SUFFOLK STEVE LEVY SUFFOLKCOUNTYEXECUTIVE PERMIT HUMAYUN J. CHAUDHRY, D. 0., M.S. COMMISSIONER The attached plan, when duly signed by a representative of the Department, constitutes a permit to construct a water supply and/or collection system for the property as depicted. The applicant should take note of any conditions of approval, which may be indicated on the plan or enclosed herein. Construction must conform with applicable standards including "Standards for Approval of Plans and Construction for Sewage Disposal Systems for Single Family Residences" and "Standards and Procedures for Private Water Systems." Omissions, errors or lack of details on the plan does not release the applicant from the responsibility of having the construction done in conformance with applicable standards. The permit (plan) expires three (3) years after the approval date. Any modifications which may affect the proposed sewage disposal or water supply systems requires submission of a revised plan and additional fees (if applicable) for reapproval prior to construction, No inspections will be performed by the Department on expired permits. Permits may be renewed, extended, transferred or revised in accordance with the procedures described in "Submission Requirements for Approval of Sewage Disposal and Water Supply Facilities for Single Family Dwellings" (Form WWM-IM 1). It is the applicant's responsibility to call the department at 852-5754, in advance, to arrange inspections of the sewage disposal .and/or water supply facilities prior to backfilling. These include inspections of the sewage collection and disposal systems, water supply system components and piping, and final grading as shown on the approved plans. In certain cases, inspections of the soil excavation may be required to determine the acceptability of the soils for sewage disposal systems. The Department must be notified at least 24 hours in advance to schedule an inspection and excavation inspections must be confirmed by calling 852-5700 prior to 9:30 A.M., the morning of the inspection. Article VII of the Suffolk County Code, "Septic Industry Businesses," requires that all installers qf septic systems within Suffolk County shall possess a valid license .from the Suffolk County Office of Consumer .4flairs. This office can refuse to perform inspections or grant final approval for the construction of projects that are installed by an unlicensed individual. It is, therefore, in your best interest to utilize a cesspool contractor with a valid Hcense to avoid substantial delays in your project. FINAL APPROVAL ISSUED BY THE DEPARTMENT Is NECESSARY PRIOR TO THE OCCUPANCY OF NEW BUILDINGS, ADDITIONS TO EXISTING BUILDINGS, OR FOR THE USE OF SEWAGE DISPOSAL OR WATER SUPPLY SYSTEMS. WWM-058 (REV. 3/07) PAGE 1 OF 2 <.DIVISION O~ ENVI~ONI/18NTAL QUALITYeOFFICE OF WASTEW~TEP, M~L~OEMENT*360 YAPHANK AVENUE, $UffE 2C~.YAPHANK NY Pl~I$: (631) 8~2-~700 Fk~: (631) 852,5756 ~URVE'r' OF: F~OPt=RT'T' ~ITUATE.. HATTITUGK TOHN~ 50UTHOL.O ¢¢JFT=OLK (X2UNT~, NY dredC~d N85'KJg'40"E 85.00' ~OF et~.APHIG ¢~GALE I"= 20' PROFILE /o Scale 1"= 5 ' TEST HOLE Elevation 9.0 (approx.) 0 - 0.5 Dark brown sandy loam (OL) 0.5 - 3 Brown silty sand (SM) 3 - 8.7 Pale brown sand (SP) 8.7 17 Water in pale brown fine sand (SP) CEBULSKI RESIDENCE PROPOSED SEWAGE DISPOSAL SYSTEM Mattituck, New York SCTM # 1000-122-4-13 February 19, 2009 SAG HARBOR ENGINEERING PO Box 1991, Sag Harbor, NY 631-725-0868 SUSAN CEBULSKI, ARTHUR FARNBACH, & PAUL FARNBACH, 2600 OLE JULE LANE, MATI'ITUCK Figure L Looking north from Ole Jule Lane at existing dwelling and locations of propased second-story addition (above); one-story fascia addition (left); and porch addition (center right). Figure 2. LooMng northeast from Ole Jule Lane at subject dwelling and adjacent two-sro0, dwellhtg to easg SUSAN CEBULSKI~ ARTHUR FARNBACH, & PAUL FARNBACH~ 2600 OLE JULE LANE~ MATTITUCI~ Figure 3. Looking south at rear of e~'cisting dwelling and locations of proposed second-story addltion (above); deck (left); and one-story addltlon (right). Figure 4. Looking southeast from bulkhead at subject dwelling and adjacent two-story dwelliag to east. ;~ _;~;~ .?.~TOWN OF SOI)THOLD PROPERTY RECORD CARD OWNER Is-mE~r Z~O ©. ~o~,(~ o~N~ ~-~.~h '~ ~ ~ ~ / t ! VILLAGE E DISTRICT ACREAGE , 'SUB. LOT TYPE OF 8 IILDING /~ SEAS. VL FARM MISC. IMP. TOTAL DATE AGE CO/AM. IND. ! CB. REMARKS. NEW NORMAL BELOW ABOVE Farm Acre Value Per Acre Value Tillable I Tillable 2 Tillable, 3 Woodland Swampland . ] Brushland House Plot M. Bldg. Extension Extension Extension Foundation Bose.rz3el~? Ext. Wails Fire Place ,~ ~'~ Porch ~ Porch ., Driveway' Bath Floors [nterior Finish Heat Attic ROoms 1st Floor Rooms 2nd Floor COUNTY OF SUFFOLK Tax Service ~ a SOUTHOLD 122