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HomeMy WebLinkAbout1000-57.-2-20 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. 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: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date May 27, 2011 Re: Coastal Consistency Review for ZBA File Ref. ROSE L. MILAZZO #6471 SCTM#1000-57-2-20. Note that the Southold Board of Trustees issued a permit (no. 7054) for the action on May 19, 2010 (attached). ROSE L. MILAZZO REVOCABLE TRUST #6471 - Request for Variances under Sections 280-122, 280-124 and 280-116B, based on the Building Inspector's February 9, 2011 Notice of Disapproval concerning an application for additions and alterations to an existing seasonal cottage, which proposed construction will be: 1) less than the code-required minimum side yard setback of 10 feet; 2) less than the code required combined side yard setbacks of 25 feet; 3) less than the code required setback of 75 feet from the bulkhead; location: 1165 Island View Lane (adj. to underwater lands) Greenport, NY SCTM#1000-57-2-20 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7054 DATE: MAY 19~ 2010 ISSUED TO: ROSE U, MILAZZO REVOCABLE TRUST PROPERTY ADDRESS: 1165 ISLAND VIEW LANE~ SOUTHOLD SCTM# 57-2-20 AUTHORIZAT/ON Pmsuant to the provisions of Chapter 275 and/or Chapter 111 of Ibc Town Code of the Town of Southold and in aeeordaacc with the Re~olution of the Board of Trustees ~dopted at the meeting held on May 18. 2010. and in comiderafion of application fee in the sum of $250,00 paid by Revocable Trust and subject to the Terms and Conditions as stated in the Re~olution, the Southold Town Board of Trustees authorizes and permits t~e following: Wetland Permit to con~fruct apprOXimately 53 linear feet of v~nyl bulkhead in place of existing timber bulkhead; construct a 12' seutherly return; and backfill with ~apprOxlmately'$ cubic yards of clean sand to be planted with Spartlna Imtem (18" on neuter) to re'~tablkh appruximately 189 square foot of high marsh; and construct approximately 34 linear feet of kw-sill vinyl bulkhead and a 1 northerly return betweea two bulkheads and baekflll with approximately $ cubic yards of elean sand to be planted with Spartian alteruiflora (12" on neuter) to create approximately 137 square feet of inter- tidal marsh; and demolith and partially reconstruct (ii-place and raked to conform to FEMA~requlred base flood elevation) existing one-story, one-family dwellin~e; construct 854,sqnare foot attached deck; install drainage system of drywelk, leaders, and lutte~; remove e4Jsflng eanita~y system located from wetlands and Install upgraded sanitary system whose leaching ponb will he leeated more than 100' from wetlands; install new pervlousqlrevei driveway; end e~tublish 8fl0 square foot non-turf buffer adjacent to the wctlands; with ~ condition of the inmfliltlon and use of a silt boom prior to and during all intertidal operations aurrutmding the immediate project area, the non-turf buffer arco is maintained, and aa depicted an tile ~ite plan prepared.~y E~t,~o~s~ltlmts, l~c., last dated April 13, 2010, and stomped approved on June 4, 2010, and as depleted on th~ s6r~ey prepared by Julia C. Ehlere Land Surveyor, last dated December 29, 2009, and stamped approved on June 4, 2010. IN WITNESS WHEREOF, the said Board of Trustees he.by causes itu Corporate Seal to b~ affixed, and these presents 16 be subscn'hed by a amjofity of the said Bohrd as of this date. SURVE'f OF Pt;2.OPEt T"r' ~ITUATE.. ARSHAHOHO~UE TOI~IN: 5<:~THOLO 54/FFOLt( O6~)NT'r', N'r' SURVEYED MAY I, 2006 PROPOSED ADDITION MA'f 2q, 200-/ t~4EVISED JAN. ~, 2COq, HAY I~, 2COq 00% Iq, 200q, DEC. 2~, 2COq, JdL~ 20, 2OI AU~. 12, 2010, OCT. 05, 2OIO, NOV. OEO. 6, 2OIO SUFFOLK OOUN~ PE~. ~F. ~ RIO - O~ - OO~8 SUFFOLK OOUN~ TAX HAP NUMBER IOOO-5~-2-20 ~OS~ L. M~.7_~ R~VOCA~LS T~UST Test Hoe EL-III x~c ~on© Ic~ Geoso'eqoe 4-©-07 7¸4 NOTES: · MONUMENT FOUND o PIPE FOUND AREA OF EXISTIN® SEPTIC AS LOCATED t~¥ Ot'"INER EXISTING SEPTIC TO BE EXCAVATED AND BACKFILLED I~ITH CLEAN SAND PER S.C.I?.H.S. STANI?AP4?S FEHA FLOOD ZONE LINE ANNOTA~O FROM FIRM MAP NO. S~IO~COI~ H A~A = IO~22 5.F. OR O.24~ AC~ (DEED DE%RIPTIO~ ELEVATIONS ~FE~NCE ~ '88 OA~H ~RAPHIO SCALE I"= ~O' / [_' N DRAINACE CALCULATIONS~ W 1 S 2 &'-O" OIA. X 9'-0" DEPTH DtP. AINA~E POOLS 6 V.LF. PROPOSED ROOF (DIdELLIN®) 1,2q8 X O.1'? X I.O = 218 C.F. 218/ 42.24 = 5.1,~ V.LF. RF~UIRED PROVIDE E SEPTIC F~ESI®N LOT COVEt~®E LOT AREA TO ED®E OF !/'IETLAI'IOS '-/~24 EXISTING CONDITIONS: EXISTING HOUSE 511 S.F. EXISTING DECK 84 S.F. EXISTING LOT COVERAGE PROPOSED CONDITIONS: RECONSTRUCTEC'/WJklSEC' PORTION OF EXISTING HOUSE 424 S.F. PROPOSED ADDITION 854 S.F. PROPOSED DECK 214 TOTAL ~OPO~D CO~CE 1,4q2 5.F. OR N'r'SDEC ADJACENT At~EA CO",/ERA®E LOT AREA BETI~EEEN IO' CONTOUR AND TIDAL IdETLAI*IDS BOUNDAR"f = 2,8"1q SF EXISTING CONDITIONS: EXISTING HOUSE: 4;~.5 S.F. EXISTING ~ECK: 8~ S.F. EXISTING AA CO',,/Et~E: 515 S.F. OR PROPOSED CONDITIONS= F~ROPOSED ~, ~,25 S.F. PROPOSED DECK: 18~ S.F. PROPOSED AA COVEP-.A~E = 511 S.F. OR I-/.-'/5~ -\ 9¢>??"JOHN Co EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.-C :X Documents and Settings\Owner'tMy DocumentsXMy Dropbox\06\06\06-171 revised 12-29-2009.pro BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box t 179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://sout holdtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 April 6, 2011 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6471 (Rose L. Milazzo Revocable Trust) Dear Mr. Terry: We have received an application for additions/alterations to existing seasonal cottage in Greenport. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, APR - Leslie K. Weisman Chairperson Encls. FORM NO. 3 NOTICE OF DISAPPROVAL DATE: February 9, 2011 To: Rob Hermann for Rose Milazzo 1319 No. Sea Rd. Southampton, NY 11968 Please take notice that your application dated January 20, 2011 For to construct additions and alterations to an existing seasonal cottage at Location of property 1165 Island View Lane, Greenport, County Tax Map No. 1000 - Section 57 Block2 Lot 20 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-confbrming 10,622 square foot parcel (7,624 sq. ft. upland) in the R-40 District, is not permitted pursuant to Article XXIII Section 280-122 which states; "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing a conforming use, provided that such action does not create any new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings." The existing dwelling has a single side yard setback of+,'- 5.5 feet The proposed additions/alterations, upon completion will have a single side yard setback of 5.5' and combined setbacks of 20.5'. Therefore, the proposed construction is not permitted pursuant to Article XXIII Section 280-124, which states that non-conforming lots, measuring less than 20,000 square feet in total size, require a single yard setback of 10 feet and combined setbacks of 25'.. In addition, the proposed construction is not permitted pursuant to Article XXII Section 280-116B which states: "All buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adiacent to tidal water bodies other than sounds shall be set back not less than seventy- five (75) feet from the bulkhead." The proposed construction is proposed 31' from the existing bulkhead. t,~.¢ ..... · ?N Authorized Signature CC: file, Z.B.A Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. For Office Use Only Filed By: Date Assigned/Assignment No. Office Notes: APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Parcel Location: House No. 1165 Street ISLAND VIEW LANE Hamlet SOUTHOLD SCTM 1000 Section 57 Block 2 Lot(s) 20 Lot Size 10,622 Zone District R-40 1 (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: 2/9/~1 BASED ONMAP DATED 12/6/10 Applicant(s)/Owner(s): ROSE L. M1LAZZO REVOCABLE TRUST Mailing Address: C/O ROSE MILAZZO, 137 KINGS ROAD, HAUPPAUGE, NY 11788 Telephone: 631-234-8873 Fax: NOTE: In addition to the above, please completed below if applicant is signed by applicant's attorney, agent, architect, builder, contract vendee, etc and name of person who agent represents: Name of Representative: EN-CONSULTANTS, INC for (×) Owner, or ( ) Other: Agent's Address: 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 Telephone: 631-283-6360 Fax:631-283-6136 Email: RHERRMANN~t)ENCONSULT^NTS.COM Please check box lo specify who you wish corre,~pondence 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 AN APPLICATiON DATED: 12/6/10 FOR: Other: 1/20/11 and DENIED [] Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article XXlll Section 280- Subsection 124 Article XXll Section 280- Subsection II6(B) 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 an'/time with respect to this property. UNDER Appeal No. 229 & 3973 Year 1959 & 1991 . (Please be sure lo research before completing this questton or or call our ofice for as.sistance; Name of Owner: ROSE L. MILAZZO REVOCABLE TRUST ZBA File # REASONS FOR APPEAL (additional sheets mae be used with preparer's signature!: AREA VARIANCE REASONS. (I) 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: SEEATTACHED (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 00No. SEE ATTACHED Are there any Covenants and Restrictions concerning this land: [] No I-lyes (please furnish cop39 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 P,U~'ASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) ~ Signature BI'Appellant or AuthoriZed Agent (Agent must submit written Authorization from Owner) Sworn to before me this31SF ROBERT E. HERRMANN dm'tst' MARCH 2011 ~ /_ _. . , r,. SPECIALIST ~.~5 ~~_ ~_ ) COASTAL MANAGEMENT ~IH H. STEPHENS NOTARY PUBLIC STATE BF NEW YORK COMMISSION NO, 5015931 BUALIFIED IN SUFFOLK COUNTY EXP)RES Al'GUST 7. 70/_~ The relief sought from Article XXIII Section 280-124 is required because the applicants propose to maintain--as a one-story portion of the renovated and expanded dwelling--the portion of the existing one- story dwelling that is already located 5.5 feet from the northerly side property line. The proposed two- story addition to be located on the Iandward side of this structure conforms to the required minimum and total side-yard setbacks of 10 feet and 25 feet, respectively. Therefore, relief granted to maintain this preexisting side-yard setback will not produce an undesirable change in the character of the neighborhood or adjoining properties or even a change to the existing property since the relief would merely allow the existing nonconforming condition to remain with an expansion behind it that conforms to the side-yard setback requirements. The relief sought from Article XXII Section 280~116B is required because the renovated and expanded dwelling will continue to be located less than 75 feet from the existing bulkhead fronting the adjacent dredged canal. However, approximately 87 square feet of the most seaward portion of the existing dwelling to be reconstructed will be permanently removed, thus increasing the preexisting nonconforming bulkhead setback of 27 feet to 31 feet. The preexisting wetlands setback will also be increased from 12 to 20 feet as a result of this removal. Therefore, there will be no additional encroachment on the bulkhead setback, and relief from 280-116(B) is required to the greatest extent by the preexisting nonconforming one-story dwelling that is already located less than 75 feet from the bulkhead and will be partially reconstructed over its existing footprint. The proposed two-story addition will be located less than 75 feet but farther from the bulkhead than this structure. Thus, nearest to the bulkhead, the relief would merely allow the preexisting nonconforming condition to remain, except that the portion of the existing dwelling nearest to the bulkhead would get smaller and farther from the bulkhead. Therefore, granting of the relief will not create any change in the character of the neighborhood or adjoining properties nor a substantial change to the subject property relative to the bulkhead setback. It could be argued that granting relief for a two-story dwelling expansion could impact the viewshed from the adjacent northerly property. However, an alternative two-story dwelling design that abandoned maintenance of the existing first story structure located closest to the water in favor ora more significant landward expansion would not require side-yard setback relief and would impact the view from the northerly property more adversely due to the location of that dwelling relative to the subject property. That is, the farther landward the finished two-story dwelling is located, the more it would impact the northerly property. Due to the small size and configuration of the subject parcel and the need to allow enough rotan for a proper, modern sanitary system to be installed as far as practicable from wetlands in the front of the property, it is not feasible to construct a usable dwelling on this property that would be located more than 75 feet from the bulkhead. Therefore, any proposed house reconstruction, addition, or significant renovation would require relief from Section 280-116(B). Therefore, the applicant cannot improve the existing dwelling to suit the needs of her family without requesting an area variance. 3. As discussed in the sections above, while relief from Section 280-116(B) is unavoidable, side-yard setback relief is necessitated only by the proposal to maintain a portion of the existing dwelling already located a nonconforming distance from the northerly property line. But in order to gain the additional room necessary to properly house her family, the applicant is faced with the choices ora) expanding the existing house vertically; b) maintaining most or all of the /~ Robert [L Herrmann S~orn to before me this 31st Coastal Management Specialist day of March, 201l [{l~ H, SIEPHENS '"--'-::~l~t'ary"Pu~c - .,/ --- S I A T E O F N E ~/ Y 0 R K COMMISSION NO. 5015931 QUALIFIED IN SIJFFOLK COUNTY EXPIRES Al!OUST ,!, ;P'-J2 existing house with no vertical expansion but with landward expansion; and/or c) abandoning the existing house and expanding landward more substantially. Due to considerations relating both to wetlands protection and bulkhead setbacks, vertical expansion of the existing structure was ruled out. Maintaining most of the existing house with the proposed landward expansion was chosen over abandoning the existing structure with more substantial landward expansion for several reasons. FirstIy, the portion of the first story structure to remain will be constructed atop the existing foundation, which limits new disturbance both nearest to the wetlands (which would resuIt from excavating out the entire structure) and closer to the road, where additional foundation would otherwise have to be installed. As also noted above, the farther the finished dwelling is shifted landward, the greater the potential impact would be on the viewshed of the northerly property due to the location of that dwelling relative to the subject property. Therefore, the relief requested is the minimum necessary to accomplish the applicant's goals in the most desirable way. The side-yard setback relief is substantial mathematically on a percentage basis but not substantial in fact because the one-story structure located 5.5 feet from the property line will continue to remain a one-stor5 structure located 5.5 feet from the property line. The bulkhead setback relief is substantial mathematicallv but not substantial in fact because there will be no expansion of the portion of structure located closest to' the bulkhead but rather a decrease in the size of the structure located nearest to the bulkhead and an increase in the preexisting bulkhead setback. The relief will not have an adverse impact on the physical or environmental conditions of the site or surrounding properties. This project was reviewed extensively by the New York State Department of Environmental Conservation and Town of Southold Trustees, both of whom met the applicants at the property and discussed changes to the prior project design that resulted in the current design and the issuance of State and Town Wetlands Permits (copies attached). The submitted residential project design will a) increase the wetlands setback to the dwelling; b) improve the capture and recharge of roof runoff through installation ora drainage system of leaders, gutters, and drywells; c) decrease the volume and improve the quality of surface water runoff entering the adjacent waterway through establishment of a 10- foot wide, approximately 850 square-foot nonturf buffer adjacent to the wetlands boundary; and d) improve the treatment of domestic effluent and thus groundwater quality through installation of an upgraded, Suffolk County Department of Health Services-approved sanitary system located 100 feet from wetlands. Although not within the jurisdiction of the Building Department or Board of Zoning Appeals, the project also incorporates the construction of a Iow-sill bulkhead along the currently unprotected section of shoreline, which together with the placement of fill and marsh plantings behind it will establish approximately 189 square feet of high marsh and 137 square feet of intertidal marsh. Creating a functional tidal marsh habitat provides wetland values that will enhance the quality of the adjacent marine habitat, including serving as an additional sink for excess nutrients contained in runoff; providing a source of food and organic nutrients; and providing shelter for juvenile fish and resident invertebrates. The finished dwelling would also be raised to the FEMA-required base flood elevation. Therefore, the project has been designed to create a net benefit to the physical and environmental conditions of the site and adjacent lands. The need for relief from Section 280-116(B) is not self-created due to the size and configuration of the subject parcel. The need for relief from Section 280-124 is self-created to the extent that the applicant has elected to propose to reconstruct and maintain the structure with a preexisting nonconforming side-yard setback over other, less desirable, alternatives that would not 5/~uire side-yard setback relief. Robert E. 14e"~ann Coastal Management Specialist Sworn to before me tiffs 3 Ist day of March, 2011 I:~o'(a)X p ~'~1 ic~ KlM H. STEPHENS 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? [] No [] Yes, please explain on attached sheet. I) 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. 7054 ISSUED NOVEMBER 17, 2010 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 the proximity of your lands on your map with this application. Ifyes, please label H. Please list present use or operations conducted at this parcel Residential, single-family, one-story dwelling with deckr and proposed use same, with expanded one and two-story dwelling, (example~isting: single-family; proposed: same with garage or pool, or other description.) Authorized Si'gnkture and Date ' 2/os~ i/o? ROBERT E. HERRMANN COASTAL MANAGEMENT SPECIALIST APPLICANT'S PROJECT DESCRIPTION (For ZBA Rel~rencet Applicant: ROSE L. MILAZZO REVOCABLE TRUST Date Prepared: MARCH 31,2011 I. For Demolition of Existing Building Areas Please describe areas being removed: +/- 87 $.F. triangular portion, including NE corner of existing house, entire +/-510 S.F. existing roofi II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension:49' x 26' (irregular); +/-854 S.F. Dimensions of new second floor: 36' x 26' (irregular); +/- 715 S.F. Dimensions of floor above second level: N/A Height (from finished ground to top of ridge): 29'-0" 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 framed building with I bedroom, kitchen and living/dining room. Number of Floors and Changes WITH Alterations: One & two-story framed/SIP panel house with three bedrooms, kitchen, dining and living room. IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 623 S.F. Proposed increase of building coverage: 869 S.F. Square footage of your lot: 7,624 S.F. (buildable land) Percentage of coverage of your lot by building area: 19.6% V. Purpose of New Construction Requested: To renovate and expand existing one-bedroom dwelling into 3-bedroom dwelling usable by family on a more permanent basis. 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 land contours slope gradually from the front of the property to the adjacent waterway and do not relate to the need for relief outside of the fact that the gradual erosion of land adjacent to the waterway requires the maintenance ora bulkhead, the presence of which in turn triggers the need for setback relief from Article XXI1 Section 280-116(B) in addition to the Town and State Wetlands Permits that have already been obtained. 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 TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER andOWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Milazzo, Rose L.: Rose L. Milazzo Revocable Trust (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Special Exception If"Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO / Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Signature: Print Name: APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE ]FORM '[he Town of Southold'$ Code of Ethics omhibits conflicts of interest on the tort of town officers and emt>lovees. The ~umose of !13i$ form i? to t~mvide information which can alert the town of t~ossible conflicts of intereSt and allow it to take whatever action is necessary to avoid same. YOURNAME: Fl~J-J-ltl~rlrlt Robotic (Last name, f~t name,~iddle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance XX Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other Of"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, nlarriage, or business i~terest. "Business interest'~ means a business, including a partnership, in which the town officer or employee has even a partial ownership of(or employment by) a corporation in which the town officer or employee owns more than 5% of the shaves. YES NO XX If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): __.A) the owner of greater than 5% of the shares of the corporate stock of the applic0nt (when the applicant is a co~ooration); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); __C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS 1 F Submi~ed this 3 ~3_day of ~,.C,,h___ Signature ~ ' PrintName Ro'lo~t_k Ig. He~.~tann 2O0 321 " ~ EN.CONSULTANTS, INC. 1319 No~h Sea Road SouthampDn, 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 md/or permits. Print Signature Print Dated: AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FOR.~ The form must be completed by the applicant fbr any 372ecial use permit, sile plan approval, use variance, or subdivision approval on property within an agricultural district OR ~ithin 500.feet of a farm operation located in agricultural district. All applications requiring an agricultural data statement must be r~ferred 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) ROSE L. MILAZZO REVOCABLE TRUST 4) Address of Land Owner:C/O ROSE MILAZZO, 137 KINGS ROAD, HAUPPAUGE, NY 11788 5) Description of Proposed Project: Demolish and partially reconstruct (in-place and raise) existing one-story, one-family dwelling; construct two-story addition, attached deck, install drainage system of drywell, leaders and gutters; remove existing sanitary system and install upgraded sanitary system; install new pervious gravel driveway; and establish nonturf buffer adjacent to wetlands. 6) Location of Property (road and tax map number):~ ~6s ISLAND VIEW LANE. OREENPORT; SCTM #1000-57-2-20 7) IS the parcel within an agricultural district? ~No ]'-lYes If yes, Agricultural District Number 8) Is this parcel actively farmed? {5;~]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-I937) 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 (Please use back side of page if more than six property owners are identified.) The lot,numbers n(ay be obtained, in advance, when requested from either the Office 765-19.~8 or the Z/)~ing Board of Appeals at 765-1809. of the Planning Board at ~'~- - 3 /31 /11 Signature of~,pplicant D~e Note: 1. Thc 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 ,,;ill be made by supplying a cop5' of this statement. 2. Commems returned to the local board will be taken into consideration as parl of lhe overall review of this application. 3. Copies of thc completed Agricultural Dala Statement shall be sent by applicant and/or the clerk of the board to Ibc property owners identified above. The cost for mailing shall be paid b,,, the applicant at the time the application is submitted lbr review. Failure to pay at sucb time means the application is not complete and cannot be acted npon by the board. 1-14-09 1416-4 (9/9S)--Tex[ 12 %PROJECT I.D. NUMBER SHORT 61720 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;ROSE L. M]LAZZO REVOCABLE 2 PROJECT NAME TRUST BY EN-CONSULTANTS, INC. 3 PROJECT LOCATION: Municipality GREENPORT County SUFFOLK 4 PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc, or provide map) 1165 ISLAND VIEW LANE, GREENPORT, TOWN OF SOUTHOLD, SCTM #1000-$7-2-20 5 IS PROPOSED ACT [] New ~ E.x~ans,on [] Modification/alteration 6 DESCRIEE PROJECT SRIEFLY: FORM SEQR Demolish and partially reconstruct (in-place and raised to conform to FEMA-required base flood elevation) existing one-story, one-family dwelling; construct 854 square-foot, two-story addition onto landward side of reconstructed one-story dwelling; construct 214 square-foot attached deck; install drainage system of drywells, leaders, and gutters; remove existing sanitary system located +30 feet from wetlands and install upgraded sanitary system whose leaching pools will be located more than 100 feet from wetlands; install new pervious gravel driveway; and establish 850 square-foot nonturf buffer adjacent to wetlands, all as depicted on the site plan prepared by John C. Ehlers Land Surveyor, last dated December 6, 2010. Initially 0.2439 acres Ultimately 0.2439 ac~es 8 WILLPROPOSEDAGTIONCOMPLYWlTHEXISTINGZONINGOROTHEREXISTINQLANDUSERESTRIGTIONS? E~]Yes [] No If NO, describe briefly 9. WHAT IS PRESENT L~ND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] Park Forest/Open space [] Other Describe: 10 DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? ]Y b~ N o If yes, list agency(s) and permit/approvals DEC, TOWN OF SOUTHOLD, SCDH 11 DOES ANY ASPECT OF THE ACTION la, AVE A CURRENTLY VALID PERMit OR APPROVAL? ]Yes []No If yes, list agency name and permit/approval NYS DEC # 1-4738-000112, SOUTHOLD TRUSTEES #?054, SC DH #R 10-0?-0066 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? r-'~ yes []N 0 I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOVVLEDGE Applicant/sponsor name ROBER_T~. HERRMANN, COASTAL MANAGEMENT SPECIALIST D A T E MARCH 31, 2011 Signature: 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 E]Yes E]No B VV1LL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR PART 61767 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) C1 Existing airquaigy Surface or groundwater quality or quantity noise~evels existing traffic patterns solid waste production or disposal potential for erosion drainage or flooding problems! Explain briefly: C2 Aesthetic, agricultural archaeological historic, or other natural or cultural resources: or community or neighborhood character? Explain briefly: C3 Vegetation of fauna, fish, shellfish or wildlife spec*es, significant habitats, or threatened or endangered species? Explain briefly: C4 A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly, C5 Growth, subsequent development or related activities likely to be induced by the proposed action? Explain briefly ca Long term snort term, cumulative or other effects not identified in CI-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? r-]Yes ~'-I No E IS THERE, OR IS THERE LIKELY TO SE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly PART II1- 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; (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: Signature of Responsible officer in Lead Agency Signature of Preparer (If different from responsible officer) Date 2 / ISLAND V'IEUJ LANE ,' 5~' UJIDE P~I~/ATE ROAD ..' LOT ~.55 AS SNOI/JN ON AMENDED MAP A, PECONIC E~AT' ESTATES, SUFFOL~ CO. FILE NO. 1124 PORTIONS OF EXISTINg, E)IJJEL L IN~ TO PORTION OF EXISTING ONE 5TORY ~UJELLIN~ TO E~E RJECONSTRUCTED AND RAISEID TO EL. ll~' (IN Land Now or Formerly l'lurlel E~ald,,,in Family Trust IDuJellin~ To,,,n UJa*.er FF EL. J~'/ AREA Of: EXIST. SEPTIC TO E~E ~P'iOV1EE) PROJECT LI~ilTIN~, FENCE Land Now,, or Formerly Anthon~ P. $aJva%ore ~ Marq Salvatore ~wellin~ Town ~Ja~.~r = PL. AN E~.O. FOOTING -5'-2' Ff~OM FF 5C,~LE: 1/8' = / / / / / / / / / / / / / / / / / / / / / / / / / / ROC~= E~.O. FOOTING ~ -~,'-I~' FI~OM FF E~.O. FOOTING e -~,'-I¢' Ff~OM FF I / N,4LL / / i~ To BED t<,1TO, tgIEN LIVING .~ T.O. FF ~'~(EL. 13'-"]' +) .~'~ T.O. ~'~(EL. 4'-'1' +) '~ %___ ~(DAZUI:d) _ &OUTN LBV'ATION 5GALE= i/0" = ,~'~, T.O. FF ~'2(EL. 13'- "1' NOTE: ELEVATION DIA~t:e~M5 Af:P.,.E FOF~ DESIGN ONLY TO 5HO~ PF'.OPOSED MA.551N~ .AND ~O~ ~I~E HEIGHT ONL%. DOO~5, WINDOW~, ~ND FINISHES HA~ ~EEN OMITTED. To.wn of Southold A. LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS 1. A 11 applicants f0r perm its* including T0w n 0f S0uth01d agencies, sba}} c0m p[ete this C C A F f0r proposed actions that are subject to the Town 0fS0uth0ld Waterfr0ntC0nsistency Review Law This assessmentisintended to supp]emenl0therinf0rmati0n used by aT own 0fS0uth0/d agency in m a k i n g a d ete r m in a ti 0 n 0 f c 0 n s i ste n c y. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. 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 Southotd 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. Thus~ each answer must be explained in detail.~ Listing both supporting and non- suwortim, 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 57 2 . 20 PROJECT NAME ROSE L. MILAZZO REVOCABLE TRUST The Application has 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 [--] construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) I I (c) Permit, approval, license, certification: l/X,] Nature and extent of action: Demolish and partially reconstruct (in-place and raised to conform to FEMA-required base flood elevation) existing one-story, one-family dwelling; construct 854 square-foot, two-story addition onto landward side of reconstructed one-story dwelling; construct 214 square-foot attached deck; install drainage system of drywells, leaders, and gutters; remove existing sanitary system located +30 feet from wet]ands and install upgraded sanitary system whose leaching pools will be located more than 100 feet from wetlands; install new pervious gravel driveway; and establish 850 square-foot nonturf buffer adjacent to wetlands, all as depicted on the site plan prepared by John C. Eh lers Land Surveyor, last dated December 6, 2010. Location of action: 1165 ISLAND VIEW LANE, SOUTHOLD Site acreage: 0.24 ACRES Present land use: RESIDENTIAL 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: ROSE L. MILAZZO REVOCABLE TRUST (b) Mailing address: C/O ROSE MILAZZO 137 KINGS ROAD, HAUPPAUGE, NY 11788 (c) Telephone number: Area Code 631-234-8873 (d) Application number, if any:, Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [--'] No I~ 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. [--]Yes [-'-] No [~ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section Ill - Policies Pages 3 through 6 for evaluation criteria [~ Yes [---] No [~ 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 ~] Yes -- No [5~ Not Applicable 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 1II - Policies Pages 8 through 16 for evaluation criteria ~Yes ~ No [~ Not Applicable policy 4 is applicable to the project to the extent that the reconstructed and expanded dwelling will be raised to conform to the most recently established FEMA base flood elevation requirements. Therefore, the project design will reduce the risk of damage to structures resulting from flooding and erosion. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section 11I - Policies Pages 16 through 21 for evaluation criteria < Yes [--I No [--] Not Applicable The prc~ject~will result in 1) the removal of a nonconforming sanitary system located +/-30' from wetlands and the installation of an upgraded sanitary system whose leaching pools will be located more than 100 feet from wetlands and thus beyond Chapter 275 jurisdiction; 2) installation ora drainage system of drywells to capture and recharge roof runoff from the entire dwelling; and 3) establishment of an 850 s.fi nonturf buffer adjacent to the wetlands all of which will result in a net decrease both in the volume and flow rate of surface water runoff; an improvement to the property's filtering capacity of such runoff; and an improvement in the treatment of on-site septic waste and thus groundwater quality. 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 Tile; project was reviewed extensively by the New York State Department of Environmental Conservation and Town of Southold Trustees, both of whom met the applicants at the property and discussed changes to the prior project design that resulted in the current design m~d the issuance of State and Town Wedands Permits (cop~es attached) The submitted residential project design will a) increase the wetlands setback to the dwal[ing; b) improve the capture and recharge of roof runoff through installa0on of a drainage system of leaders, gutters, and dD'wells; c) decrease the volume and improve the quality of surface water runoffentering the adjacent waterway through establishment of a I O-foot wide. approximately 850 square-foot nonturf buffer adjacent to the wetlands boundary; m~d d) improve the treatment of domestic effitlenl and thus groundwater quality through installation of an upgraded, Suffolk County Department of Health Services-approved sanita~' s3stem located 10t) feet fiom wcdands Although not within the jurisdiction of the Building Depm-tment or Board of Zoning Appeals, the project also incorporates the construction of a Iow-sill bulkhead along the currently unprotected section of shoreline, which together with the placement of fill and marsh plantings behind it will establish approximately I89 square feet of high marsh and 137 square feet of intertidal marsh. Creating a fBnctional tidal marsh habitat provides wetland values that will enhance tl~e quality of the adjacent marine habitat, including serving as an additional sink for excess nutrients contained in runoff; providing a source of food and organic nutrients; and providing shelter Iht.juvenile fish and resident invertebrates. The finished dwelling would also be raised to the FEMA-required base flood elevation. Therefore, the prqject has been designed lo create a act benefit m the physical and environmental conditions of the site and adjacent lands 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 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. I---] Yes ~] No [5~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resource,~ of the Town of Southold. See LWRP Section 11I - Policies; Pages 38 through 46 for evaluation criteria. Yes R No[~ Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Pglicy 10. Protect Southold's water-dependent uses and promote siting of new wa[er-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. ~ 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. I-~ 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 II1 - Policies; Pages 65 through 68 for evaluation criteria. 1-~ Yes ~-~ No [~ Not Applicable PREPARED BY ROBERT~ TITLEcoAs*AL MGMTfiPECIALIST DATE Amended on 8/1/05 ,New york State Department of Environmental Conservation Division of Environmental Permits, Region 1 SUNY @ Stony Brook 50 Circle Road, Stony Brook, NY 11790-3409 Phone: /631) 444-0365 · Fax: (631) 444-0360 Website: www,dec.ny.qov TIDAL WETLANDS PERMIT MODIFICATION//2 November 2, 2010 Rose L. Milazzo Revocable Trust C/O Rose L. Milazzo 137 Kings Road Hauppauge NY 11788 NYSDEC # 1-4738-00112/00004 Rose L. Milazzo Revocable Trust Property 1165 Island View Lane Southold SCTM # 1000-57-2-20 Permit Expiration: 2/2/2015 Dear Pennittee: Your recent request to modify the above permit has been reviewed pursuant to 6 NYCRR Part 621 (Uniform Procedures Regulations). It has been determined that the proposed modifications will not substantially change the scope of the permitted actions or existing permit conditions. Therefore, the perrrfit is modified to authorize: The portion of the existing dwelling to be reconstructed will be raised to elevation I3' and the two story addition will have a first floor elevation of 13'. All work shall be performed in accordance with the survey plan prepared by Jotm C. Ehlers 'last revised on 10/5/10, and stamped NYSDEC approved on 1 I/2/10. The portion of the property that is landward (westerly) of the 10 foot elevation contour line, as shown on the aforementioned survey plan, is beyond the jurisdiction of Article 25 Tidal Wetlands. Therefore, in accordance with the current Tidal Wetlands Land Use Regulations (6 NYCRR Part 661) no permit is required under the Tidal Wetlands Act for any work which may occur on the parcel landward (westerly) of the above jurisdictional boundary. Please be advised, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jur/sdictional boundary, as indicated above, without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and your project (i.e. a 15' to 20' wide construction area) or erecting a temporary fence, barrier, or hay bale berm. This letter is a modification to the original permit, and as such, shall be availgble at the job site When,ever authorized work is in progress. All other terms and conditions remain as written in the origin pa~rermit. f // .~' Jolm A/ieland C ' Dep~ Pe~At AdnEnistrator Enclosure cc: En-Consultants, h~c. Habitat - TW File / ¥~ew Line \ JOHN C, EHLERS LAND SURVEYOR 6 EAST MMN ST~ET N Y.S. LIC. NO. 50202 REF.-C:'.Documems mid Settings\Owner~ly Document s'~vly Dropbox\06xl)6V36-171 revised 12-29-2009.pro NEW YORK STATE DEP.~TMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4735-00112 PERMIT Under the Environmental Conservation Law (ECL) Permittee and Facility Information Permit Issued To: ROSE L MILAZZO REVOCABLE TRUST C/O ROSE MILAZZO 137 KINGS RD HAUPPAUGE, NY 11788 Facility: ROSE L MILAZZO REVOCABLE TRUST PROPERTY 1165 ISLAND VIEW LN (FRMLY 9 ISLAND VIEW LN)[SCTM #1000-57-2-20 SOUTHOLD, NY 11971 Facility Application Contact: EN-CONSULTANTS INC 1319 NORTH SEA RD SOUTHAMPTON, NY 11968 (631) 283-6360 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Facility, Principal Reference Point: NYTM-E: 720.2 NYTM-N: 4550.8 Latitude: 41004'43.2'' Longitude: 72°22'43.5" Authorized Activity: Remove a portion of the existing dwelling and reconstruct and raise the remaining portion of the dwelling. Construct a two story addition to the dwelling and construct a deck, drywells, sanitary system, public water service, and pervious driveway. Remove and replace in-place 53 linear feet of bulkhead, place 5 cubic yards of clean backfill, and plant Spartina patens on 18 inch centers. Remove and replace the existing 4 foot return and install a new 12 foot return at the southern end of the existing bulkhead. Construct a 36 foot Iow sill bulkhead, place 5 cubic yards of clean backfill, and plant Spartina alterniflora on 12 inch centers. All work shall be performed in accordance with the plans prepared by John C. Ehlers last revised on 12/29/09 (sheet 1 of 3) and Eh-Consultants, Inc. last revised on 1/12/10 (sheets 2 & 3 of 3), all stamped NYSDEC approved on 2/3/10. Permit Authorizations Tidal Wetlands - Under Article 25 Permit ID 1-4738-00112/00004 New Permit Effective Date: 2/3/2010 Expiration Date: 2/2/2015 Excavation & Fill in Navigable Waters - Under Article 15, Title 5 Permit ID 1-4738-00112/00005 New Permit Effective Date: 2/3/2010 Expiration Date: 2/2/2015 Water Quality Certification - Under Section 401 - Clean Water Act Penmt ID 1-4738-00112/00006 New Permit Effective Date: 2/3/2010 Expiration Date: 2/2/2015 Page 1 of 7 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-00112 NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and all conditions included as part of this permit. Pe ' // rm~t Administrator: JOHN A WIELAND, Deputy Ry~g~onal Permit Admi~ istrator Address: NYSDEC REGION I HEADQUARTERS S~ F ~ STONY BROOK]~{~ CIRCLE RD STO74~ BROOK, NY 1179p-3409 Autho~zed Si~ature: kN ~,: ? " ., Distribution List DatoC~ 2/ c-;, / F c z EN-CONSULTANTS INC Permit Components NATURAL RESOURCE PERMIT CONDITIONS WATER QUALITY CERTIFICATION SPECIFIC CONDITION GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: TIDAL WETLANDS; EXCAVATION & FILL IN NAVIGABLE WATERS; WATER QUALITY CERTIFICATION 1. No Interference With Navigation There shall be no unreasonable interference with navigation by the work herein authorized. 2. Storage of Equipment, Materials The storage of construction equipment and materials shall be confined within the project work area and/or upland areas greater than 75 linear feet from the tidal wetland boundary. 3. Install, Maintain Erosion Controls Necessary erosion control measures, i.e., straw bales, silt fencing, etc,, are to be placed on the downslope edge of any disturbed area. This sediment barrier is to be put in place before any disturbance of the ground occurs and is to be maintained in good and functional condition until thick vegetative cover is established. Page 2 of 7 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC 1D 1-4738~00112 4. Concrete Leachate During construction, no wet or fresh concrete or leachate shall be allowed to escape into any wetlands or waters of New York State, nor shall washings from ready-mixed concrete trucks, mixers, or other devices be allowed to enter any wetland or waters. Only watertight or waterproof forms shall be used. Wet concrete shall not be poured to displace water within the forms. 5. Runoff Directed to Upland Drywells Roof runoff shall be directed to drywells a minimum of 75 linear feet landward of the tidal wetland boundary for immediate on-site recharge. 6. Sanitary Systems above Groundwater Sanitary system (bottom of tank and leaching pools) shall be located a minimum of 2 feet above seasonal high groundwater. 7. Driveway/Parking Area of Pervious Material Driveway and parking hreas shall be constructed of NYSDEC-approved pervious mater/als. 8. Direct RunoffAway from Tidal Wetland and Buffer Roads, driveways, and parking areas shall be graded to direct runoffaway from tidal wetlands and protected buffer areas. 9. Seeding Disturbed Areas All areas of soil disturbance resulting from the approved project shall be stabilized with appropriate vegetation (grasses, etc.) immediately following project completion or prior to permit expiration, whichever comes first. If the project site remains inactive for more than 48 hours or planting is impractical due to the season, then the area shall be stabilized with straw or hay mulch or jute matting until weather conditions favor germination. 10. Temporary Mulch, Final Seeding If seeding is impracticable due to the time of year, a temporary mulch shall be applied and final seeding shall be performed at the earliest opportunity when weather conditions favor germination and growth but not more than six months after project completion. 11. Contain Exposed, Stockpiled Soils All disturbed areas where soil will be temporarily exposed or stockpiled for longer than 48 hours shall be contained by a continuous line of staked haybales / silt curtains (or other NYSDEC approved devices) placed on the seaward side between the fill and the wetland or protected buffer area. Tarps are authorized to supplement these approved methods. 12. Excavation for Bulkhead/Structure Prior to any construction or removal of bulkheads and other shoreline stabilization structures all backfill shall be excavated landward of the structure and retained so as not to enter the waterway, tidal wetland or protected buffer area. 13. Backf'flling All peripheral berms, cofferdams, rock revetments, seawalls, gabions, bulkheads or other approved shoreline stabilization structures shall be completed prior to placement of any fill material behind such structures. 14. No Seaward Extension of Bulkhead The new bulkhead shall be constructed in place of the existing bulkhead with no seaward extension of the outermost bulkhead face. 15. Jet-in Bulkhead Bulkheads constructed directly adjacent to vegetated tidal wetlands shall be hand driven or jetted in with no disturbance to the tidal wetland. Trenching is strictly prohibited. 16. Bulkhead Height The ne~v bulkhead height shall not exceed the height of the adjacent bulkheads. Page 3 of 7 NEB' YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-00112 17. No Structures on Bulkhead No permanent structures shall be installed on the authorized bulkhead without first obtaining written department approval (permit, modification, amendment). 18. Clean Fill Only All fiI1 shall consist of clean sand, gravel, or soil (not asphalt, slag, flyash, broken concrete or demolition debris). 19. Long-term Plant Survival The fill.placement area / backfill area shall be planted with native species as specified on the approved plans and the permittee shall ensure a minimum of 85% survival of plantings by the end of five growing seasons. If this goal is not met, the permit holder shall re-evaluate the restoration project in order to determine how to meet the mitigation goal and submit plans to be approved by the office of Marine Habitat Protection NYSDEC REGION 1 HEADQUARTERS SUNY ~ STONY BROOKI50 CIRCLE RD STONY BROOK, NY11790 -3409 20. Establish Vegetated Buffer To protect the values of the tidal wetlands, a permanent vegetated buffer zone shall be established. There shall be no disturbance to the natural vegetation or topography within an area extending i0 linear feet landward of the tidal wetland boundary. 21. No Disturbance to Vegetated Tidal Wetlands There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activities. 22. No Construction Debris in Wetland or Adjacent Area Any debris or excess material from construction of this project shall be completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. No debris is permitted in wetlands and/or protected buffer areas. 23. Notice of Commencement 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. 24. State Not Liable for Damage 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 fi'om any such damage. 25. Conformance With Plans All ~tctivities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or applicant's agent as part of the permit application. Such approved plans were prepared by John C. Ehlers last revised on 12/29/09 (sheet 1 of 3) and En- Consultants, Inc. last revised on 1/12/10 (sheets 2 & 3 of 3), all stamped NYSDEC approved on 2/3/10 Page 4 of 7 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ~'~ Facility DEC ID 1-4738-00112 26. State May Order Removal or Alteration of Work If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or iL in the opinion of the Department of Environmental Conservation it shah 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 capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 27. Precautions Against Contamination of Waters 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. 28. State May Require Site Restoration 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. WATER QUALITY CERTIFICATION SPECIFIC CONDITIONS 1. Water Quality Certification The NYS Department of Environmental Conservation hereby 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. GENERAL CONDITIONS - Apply to ALL Authorized Permits: 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 permittee is 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. Page 5 of 7 NEW YORK STATE DEP,MRTMENT OF ENVIRONMENT.AL CONSERVATION Facility DEC ID 1-4738-00112 A copy of 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. 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. 3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a separate written application to the Department for permit renewal, modification or transfer of this permit. Such application must include any forms or supplemental infonnatibn the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. Submission of applications for permit renewal, modification or transfer are to be submitted to: Regional Permit Administrator NYSDEC REGION 1 HEADQUARTERS SUNY ~ STONY BROOK[50 CIRCLE RD STONY BROOK, NY11790 -3409 4. Submission of Renewal Application The permittee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations: Excavation & Fill in Navigable Waters, Tidal Wetlands, Water Quality Certification. 5. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit. 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; 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. 6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. Page 6 of 7 NEW YORK STATE DEPART.MENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-00112 NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibili~ and Agrees to lndenmification 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 cormection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permiI. 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 ar/sing 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: Permittee'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 ali 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 prescribed 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 T~is .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 personal property held or vested in a person not a party to the permit. Page 7 of 7 New York State Department of Environmental Conservation NOTICE The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law for work being conducted at this site. For further information regarding the nature and extent of the approved work and any Department conditions applied to the approval, contact the Regional Permit Administrator listed below. Please refer to the permit number sho~n when contacting the DEC. . 'oo.oo. I'f73 - .. o ta/, Reg,onal er itAdministrator Per.mit Number3-~ROGER EVANS Expiration Date NOTE: This notice is NOT a permit Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 November17,2010 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Robe~ E. Herrmann En-Consultants, lnc. 1319 No~h Sea Rd. Southamp~n, NY 11968 RE: ROSE L. MIL.~770 REVOCABLE TRUST 1165 ISLAND VIEW LANE, SOUTHOLD SCTM#57-2-20 Dear Mr. Herrmann: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed., November 17, 2010: RESOLVED, that the Southold Town Board of Trustees APPROVES the Amendment to Wetland Permit #7054 to raise the first floor elevation of the approved dwelling from EL 10' NGVD 1929 to EL 13' NGVD and to modify the sanitary system design accordingly, as depicted on the survey prepared by John C. Ehlers last dated October 5, 2010. This is not a determination from any other agency. Since, rely, Jill I~j Doherty, Preside~ft Board of Trustees JMD:lms / l,,;; \ JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREFA' N.Y.S. LIC NO. 50202 RIVERHEAD, N.Y. 11901 369 8288 Fax 369-8287 Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 March 18,2009 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Robert E. Herrmann En-Consultants, Inc. 1319 North Sea Road Southampton, NY 11968 RE: ROSE L. MILAZZO REVOCABLE TRUST 1165 ISLAND VIEW LANE, SOUTHOLD SCTM# 57-2-20 Dear Mr. Herrmann: The Board of Town Trustees took the following action during its regular meetings held on Wednesday, March 18, 2009 and again on Wednesday, May 19, 2010 regarding the above matter: WHEREAS, En-Consultants, Inc. on behalf of ROSE L. MILA770 REVOCABLE TRUST 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 February 25, 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, in accordance with Chapter 268, said application to construct approximately 53 linear feet of vinyl bulkhead in place of existing timber bulkhead; construct a 12' southerly return; and backfill with approximately 5 cubic yards of clean sand to be planted with Spartina patens (18" on center) to re-establish approximately 189 square feet of high marsh; was found to be Exempt from the Local Waterfront Revitalization Program policy standards, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application to construct approximately 34 linear feet of Iow-sill vinyl bulkhead and a 12' northerly return between two bulkheads and backfill with approximately 5 cubic yards of clean sand to be planted with Spartina alterniflora (12" on center) to create approximately 137 square feet of inter-tidal marsh was found to be Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, the LWRP Coordinator recommended that the proposed application to demolish and partially reconstruct (in-place and raised to conform to FEMA-required base flood elevation) existing one-story, one-family dwelling; construct 854 square foot attached deck; install drainage system of drywells, leaders and gutters; remove existing sanitary system located +/-30' from wetlands and install upgraded sanitary system whose leaching pools will be located more than 100' from wetlands; install new pervious gravel driveway; and establish 850 square foot non-turf buffer adjacent to wetlands was found to be Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policy 5 & 6 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: the installation and use of a silt boom prior to and during all intertidal operations surrounding the immediate project area, and WHEREAS, Public Hearings were held by the Town Trustees with respect to said application on March 18, 2009 and again on May 19, 2010, 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 for the mitigating factors and based upon the Best Management Practice requirement imposed above, 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, RESOLVED, that the Board of Trustees approve the application of ROSE I. MIL.~770 REVOCABLE TRUST to construct approximately 53 linear feet of vinyl bulkhead in place of existing timber bulkhead; construct a 12' southerly return; and backfill with approximately 5 cubic yards of clean sand to be planted with Spartina patens (18" on center) to re-establish approximately 189 square foot of high marsh; and construct approximately 34 linear feet of Iow-sill vinyl bulkhead and a 12' northerly return between two bulkheads and backfill with approximately 5 cubic yards of clean sand to be planted with Spartina alterniflora (12" on center) to create approximately 137 square feet of inter-tidal marsh; and demolish and partially reconstruct (in-place and raised to conform to FEMA-required base flood e~evation) existing one-story, one-family dwelling; construct 854 square foot attached deck; install drainage system of drywells, leaders, and gutters; remove existing sanitary system located +/-30' from wetlands and install upgraded sanitary system whose leaching pools will be located more than 100' from wetlands; install new pervious gravel driveway; and establish 850 square foot non-turf buffer adjacent to the wetlands; with the condition of the installation and use of a silt boom prior to and during all intertidal operations surrounding the immediate project area, the non-turf buffer area is maintained, and as depicted on the site plan prepared by En-Consultants, Inc., last dated April 13, 2010, and stamped approved on June 4, 2010, and as depicted on the survey prepared by John C. Ehlers Land Surveyor, last dated December 29, 2009, and stamped approved on June 4, 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: $100.00 Very truly yours, Jill ~,1. Doherty ~/ President, Board of Trustees JMD/eac BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7054 DATE: MAY 19~ 2010 ISSUED TO: ROSE L. MILAZZO REVOCABLE TRUST PROPERTY ADDRESS: 1165 ISLAND VIEW LANE~ SOUTHOLD SCTM# 57-2-20 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 Ma,/18, 2010, and in consideration of application fee in the sum of $250.00 paid by Rose L. Milazzo Revocable Trust and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to construct approximately 53 linear feet of vinyl bulkhead in place of existing timber bulkhead; construct a 12' southerly return; and backfill with approximately 5 cubic yards of clean sand to be planted with Spartina patens (18" on center) to re-establish approximately 189 square foot of high marsh; and construct approximately 34 linear feet of low-sill vinyl bulkhead and a 12' northerly return between two bulkheads and backfill with approximately 5 cubic yards of clean sand to be planted with Spartina alterniflora (12" on center) to create approximately 137 square feet of inter- tidal marsh; and demolish and partially reconstruct (in-place and raised to conform to FEMA-required base flood elevation) existing one-story, one-family dwelling; construct 854 square foot attached deck; install drainage system of drywells, leaders, and gutters; remove existing sanitary system located +/-30' from wetlands and install upgraded sanitary system whose leaching pools will be located more than 100' from wetlands; install new pervious gravel driveway; and establish 850 square foot non-turf buffer adjacent to the wetlands; with the condition of the installation and use of a silt boom prior to and during all intertidal operations surrounding the immediate project area, the non-turf buffer area is maintained, and as depicted on the site plan prepared by Eh-Consultants, Inc., last dated April 13, 2010, and stamped approved on June 4, 2010, and as depicted on the survey prepared by John C. Ehlers Land Surveyor, last dated December 29, 2009, and stamped approved on June 4, 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. TERMS AND CONDITIONS The Pernfittee Rose L. Milazzo Revocable Trust, _c/o Rose Milazzo, residing at 1165 Island View Lane, Southold, New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released from any and ail 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 Pennittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability witl, respect thereto, to the complete exclusion of the Board of Trustees of thc Town of Soutbold, 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 mde/initely, 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 ~'ut ure operations of the Town of S,~uthold require the removal and/or alterations in the location of the 'aork herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. The Pem'dttee is required to pro, ide evidence that a copy of this Trustee permit has been recorded with the Suffolk Couuly Department ol' Real Properties Office as a notice covenaut and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety (90) calendar days of issuance of this permit. That the said Board will be notified by the Permittee of the completion of the work authorized. That the 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 James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Ha~l 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 Trustee Matters Storm Water Runoff Spring/Summer 2010 With the recent heavy rainfalls, we are reminded once again of the problems Southold Town has with storm water runoff. With over 100 road ends terminating at creeks, bays, inlets, or Long Island Sound, as well as all of the lawns and homes lining our miles of shoreline, 100's of thousands of gallons of storm water runoff enters our wetlands every year. Carrying sediment that prevents sunlight from reaching aquatic plants, nutrients from animal waste and lawn fertilizers that promote algae blooms detrimental to shellfish, and bacteria and other biologicals that in high doses can be harmful to swimmers, storm water runoff is one of the Trustees main public safety concerns. So important, in fact, that Southold has a Storm Water Management Code. Southold Town's Chapter 236 provides an outline for how people need to deal with storm water runoff from their properties. For example, new construction or renovation is required to contain any potential runoff to the wetlands from the construction by installing hay bales and silt fencing. This acts as a barrier and keeps our wetlands clean. Another example in Chapter 236 is that every building must have provisions to collect and disperse, ON-SITE, at least a 2 inch rainfall. This is usually handled by installing gutters, leaders and drywells to the home. The Trustees also have a standing policy of requiring pervious non-turf buffers along bulkheads and at tops of bluffs that help keep run off from entering the wetlands and prevents erosion to bluffs. These are important measures to keep our wetlands safe and clean! Before deciding to renovate or build, the Town Trustees urge you to check our website and the other department's websites to make sure what you are planning to do meet the Town's Codes. These codes have been developed for the good of all citizens. And the wildlife all around us too! SOUTHOLD TRUSTEES Issued To c' Da~e ~_~~ 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 SUFFOLK COUNTY EXECUTIVE PERMIT BRIAN L. HARPER, M.D., M.P.H 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-041). 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 852-5700prior to 9:30 A.M., the morning of the inspection. Article VII of the Suffolk County Code, "Septic Industry Businesses," requires that all installers of septic systems within Suffolk County shall possess a valid license from the Suffolk County Office of Consumer Affairs. 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 license 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. 9/05) PAGE 1 OF 2 eDIVISION OF ENVIRONMENTAL QUALITY+OFFICE OF WASTEWATER MANAGEMENT*360 YAPHANK AVENUE, SUITE 2CeYAPNANK NY 11980* PHONE: (631)852-5700 FAX: (631)852-5755 / ~pected By The 1./ ;,'; '¢: RIVERHEAD, NY. 1190} 369-828g Fax 369-8287 R[zF.-(':Ll)ocunients and Settings~Owncr~My Documents~!y Dropbox~d){~\06[[~-i 71 revised 12-2q-2{Dg.pro Appeal No. ~Z~9 , TOWN OF SOUTHOLD, NEW YOR ^CTION OF TH£ ZOmNa BO,~D OF APP£ALS Dated Oo~oJ3er 6! 1~)~ DATE ACTION OF THE ZONING BOARD OF APPEALS OF TOWN OF SOUTHOLD F~ank E. Horn C.~eanport, New ~ork ota meeting of the Zoning Board of ~ppe*ls o~ ~Set C~O~ ~ ~e was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a s~ial exception under the Zoning Ordinance (~) Request for a variance to the Zoning Ordinance ( ) Appellant eppeol I. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special-exception ( ) be granted ( ) be denied pursuant to Article ................ Section ................ Subsection ~ ............... paragraph ................of the Zoning; Ordinance, and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 7~V,O P,kl. (~%~J..q.'£,)t upon application of l~ank E. Horn, Zllal~ View L~, Ore~n~rtt New ~ork, f~ a v~t~ee ~ acco~d- ~ee ~h the. Zoni~ Ordin~ee~ ~lele ~$ole X, Seb~on 1~ for ~ssion sell as a si~to, lots pro~r~y located on PriVate Ro~., o~ lsl~ View L~e, ~e~n~t,'New'~ork, ~t No, 10 on w~p of ~o~rt~ of ~ Horn, G~een~t, ~ew 2. VARIANCE. By resolution of the Board it was determined that (~t' ~ iC[l~f 9:J::~J~r-~ ~[ ~ ( ~d~u~ ~ ip~sT a~ ~ uon~orm ~o ~ne__re~r~s or ~ ~o~ee~ ' (b) The hardship created (is) (~ unique and (~ (would not) he' shared by all propertfes alike in the immediate vicinity of this property and in the same use district because ~S ~ ~e 0~ ~o~t~7 In the ~ea ~lch has ~eve~ eot~age~ built cn o~ ~iece o~ p~o~rty for the ~80 of s~e~ ~ent~s, (c) The verionce (d~) (~[ observe the spirit of the Ordinance end (~ (would not) chcnge the chcrocter of the district beccuse ~ ~;d~ has existed l~ this fo~ sever~ ~e~s ~ has ~ ~ed for re~identi~ ~poses, pro~sed use B~ the p~chaae~ ~d eont~ue ~x~eSidentl~. end therefore, it w~s further determined ~hm the requested voricnce ( ) be gr~nted ( ) be denied ~ad th~ tee previous decisions of the Building Inspector ( ) be confi~ed (~) be reversed. See reverse side for desc~ip~ion of ~ lot. APPEALs BOARD M'EiVIBERS Gerard p. Ooehringer, Chairman Charles Grigonis, ~r. Serge Doyen, .Ir. James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTr L HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION 'OF THE BOARD OF APPEALS Upon Application of JOHN AND ROSE MILAZZO for Variances to the Zoning Ordinance, Article XXIII, Section 100-239.4B {a/k/a 100-239d(B)} and Article XXIV, Section 100-244B for permission to locate addition and reconstruction of dwelling structure with setbacks: (a) at less than the req~lired 75 feet from the bulkhead, (b) at less than the required minimum 35 ft. rear yard at its closest point, and (c) at less than the req~/ired 10 ft. and 15 ft. minimum side yards, (d) at less than the total side yards required minimum of 25 feet. Existing dwelling structure is nonconforming as to the northerly side yard, the rear yard, and the setback from the bulkhead. Lot area and width are nonconforraing in this R-40 Zone District. Location of Property: 9 Island View Lane, Greenport; County Tax Map Parcel No. 1000-57-2-20. WHEREAS, a public he~ring (verbatim portion of the record) was held on November 29, 1990; and WHEREAS, and at said hearing all those who desired to be heard were heard and their testimony recorded; WHEREAS, on December 13, 1990, all written portions of the record were acknowledged and concluded (closed); and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEI%EAS, the Board made the following findings of fact: 1. By this application, appellants seek variances under Article XXII!, Section 100-239.4B and Article XXIV, Section 100-244B for approval of the construction of a new dwelling with insufficient side yards at eight feet from the northerly property, at approximately three feet from the side entry/steps Page 2 - Appeal No. ~973 Matter of JOHN & ROSE MILAZZO Decision Rendered January ll, i991 to the southerly property line, and 25 feet from the rear porch to the bulkhead (at its closest points), as more particularly shown on the site plan prepared by Salvator A. Caradonna, R.A. (Drawing No. Al, revised December 21, 1990). 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 57, Block 2, Lot 20~ contains a total lot area of approxi/nately 8124 sq. ft., and has a frontage along a private right-of-way of 33 feet. The parcel is unique in physical shape, size and character, which lend to practical difficulties for construction of a new dwelling. 3. The dwelling which exists is proposed to be replaced with a 2,034 sq. ft. dwelling structure. Also proposed are a 200+- sq. ft. raise'd deck (el. 12] at the southeast corner of the proposed dwelling structure and an 8' x 11-1/2' side entry with steps with a setback of two to three feet from the southerly (side) property line. There is a 15' x 12' rear porch also proposed at the rear (southeast section) of the dwelling which is set back at 25 feet from the closest corner of the bulkhead. The actual foundation (without porches or deck) scales out to be 37 feet from the closest corner of the bulkhead and 45 feet from the southeast corner of the foundation to the bulkhead. 4. Article XXIII, Section 100-239.4B of the Zoning Code requires all buildings and structures located on lots upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the bulkhead. 5. Article XXIV, Section 100-244B of the Zoning Code provides side yard relief to substandard lots containing less than 20,000 sq. ft., to not less than 10 and 15 feet, for a total of 25 ~eet for both side yards. 6. It is noted that in this Board's referral to the Soil and Water Conservation District of Suffolk County, evaluations of the property were conducted. Half of the parcel is established with sod cover and a number of trees; the other half is unprotected and shows signs of erosion. The grade slopes with three to eight percent slopes. The soil has been surveyed as Riverhead Sandy Loan RdB, and shows slight limitations for homesites, landscaping and sewage disposal fields, with a possible pollution hazard to the creek due to rapid permeability of the soil. It is the position of the board that the amount of relief requested as to not only side yards but as to the bulkhead set back is stubstantial. It is also the position of the Board that the uniqueness of the property does lend to the granting of Page 3 - Appeal No. 3973 .... Matter of JOHN & ROSE M!LAZZO Decision Rendered January 11, 1991 minimal variances, and recommends that more than one plan be submitted if a future application is filed, with "building envelope" locations (without the need for actual construction plans which are costly to the property owner). It is recommended that before filing a new application With our office, that septic systems and building envelope be established by the Southold Town Trustees, which have jurisdiction under the Wetlands Provisions - Chapter 97 of the Code of the Town of Southold, and the possibility of a second bulkhead-type barrier to be constructed between the building area and the wetlands to prevent run-off into the Creek. 7. It is the position of this Board that in considering this application: (a) the relief requested is substantial in relation to the code requirements, (variances in excess of 50 percent); (b) the relief requested is not the minimum necessary to afford relief, and there are alternative set backs available for appellants to pursue, with greater set backs and less relief from the standards applied; (b) the relief, if granted as requested, will not adversely effect the essential character of the neighborhood; (c) the difficulties are uniquely related to the property and are not personal in nature; (d) the variance will in turn be adverse to the safety, health, welfare, comfort, convenience or order of the tow~ and neighboring properties; (e) in view of all the above, the interests of justice will be served by not granting the relief as requested. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Goehringer, it was RESOLVED, to DENY WITHOUT PREJUDICE the relief requested under Appeal No. 3973 in the Matter of JOHN AND ROSE MILAZZO Vote of the Board: Ayes: Messrs. Goehringer, Doyen and Dinizio, consisting of a quoru~ of the entire four-member board ~ -.f-? -2.- ,~d. TOWN OF SOUTHOLD PROPERTY RECORD CARD , OWNER FORMER OW.,NER . '. RES. LAND 7 o-0 SEAS. , IMP. VL. TOTAL C STREET FA~'A DATE AGE BUILDING CONDITION NEW NORMAL BELOW Farm Acre Value Per Acre T[ilab. le I Tillable 2 Tillable 3 Woodland Swampland Brushland House Plot. CO,~M. J IND. DISTRICT SUB. ACREAGE I'YPE OF BUILDING LOT CB, J MISC. [ , TotaJ~ ~ ~ ' ' 1 ~ " ,, Floors.--/.-~ · ~- Z, ~/. Extension ~ Basement : M' ~' : ..--- ; ExtenSion Ext. Wa[Is ,?£=..c:,;~*.;~ ~,lnterior F~'nlsh ~.~, ~ · ~_ Extension : ,I Fire PJace .~= Hem' f"( :7 / Porch Attic I Parch E~ms [st F]~r ' Breezew~ Pet[o E~ms 2nd Floor G~mge Driveway ..... ~ i I~5~ ~-" ~ . soUND NOTICE COUNTY OF SUFFOLK Real Property fax Service ~o,.o~ SOUTHOLD SECTION NO O5? in fo~studioa barchitects corn ww'w stu dioa barch dects eom 651 West Main Street Riverhead, NY 11901 tel. 631 591 2402 24190 Main Road PO. Box 444 Orient, NY 11957 tel & fax631 323 1426 REVISION NOTE ' BOARD OF APPEALS Complying with the Board of Trustees direction, following revisions are made: 1. Storage shed was eliminated. 2. Total floor area of the boardwalk including the built-in bench was reduced to 199 sf. 3. No treated wood to be used for the structure. Thank you, Hideaki Adizumi, AIA studio alb architects studio eib architects 651 West Main Street, Riverhead, New York 11901 tel 631 591 2402 fax 631 323 1426 in fo~studioabarchitects.com