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HomeMy WebLinkAboutTR-7725 James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hail Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 0784C Date: August 10, 2012 THIS CERTIFIES that the construction of a 12' x 21 '3" wood frame deck with steps onto the seaward side of the existing dwelling; with a 10' wide non-turf buffer to be installed and maintained along the landward edge of the bulkhead; gutters to leaders to drgwells on the dwelling At 2955 Bay Shore Road~ Greenport, New York Suffolk County Tax Map # 53-6-5 Conforms to the application for a Trustees Permit heretofore filed in this office Dated February 1, 2012 pursuant to which Trustees Wetland Permit #7725 Dated February 22, 2012, and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for the construction of a 12' x 21 '3" wood frame deck with steps onto the seaward side of the existing dwelling; with a 10' wide non-turf buffer to be installed and maintained along the landward edge of the bulkhead; and gutters to leaders to drgwells on the dwelling. The certificate is issued to ROBERT NELSON owner of the aforesaid property. uth~or~ed ~C~gigna~e James F. King, President Bob Ghosio, Jr., Vien-President Dave Bergen John Brcdcmcycr Michael J. Domino Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (631 ) 765~ 1892 Fax (631} 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DATE OF INSPECTION: /V~ Ch. 275 Ch. 111 INSPECTION SCHEDULE __ Pre-construction, hay bale line/silt boom/silt curtain __ 1st day of construction __ ~ constructed ~', Project complete, compliance inspection. INSPECTED BY: COMMENTS: CERTIFICATE OF COMPLIANCE: MARTIN D. FINNEGAN TOWN ATTORNEY martin.finnegan@town.southold.ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jennifer.andaloro@town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse@town.southold.ny.us SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southo]d, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Patricia C. Moore 51020 Main Road Southold, NY 11971 August 23, 2012 RE: Robert Nelson, Wetlands Permit No. 7725 Dear Ms. Moore, I have reviewed the Declaration of Covenants draft you submitted to this office with respect to the above referenced application concerning the ten foot wide non tuffbuffer to be established and subsequently maintained along the landward edge of the bulkhead, as well as the installation of gutters to leaders to drywells on the dwelling. The covenants and restrictions document must be executed and filed with the County pursuant to §275-10(K) of the Southold Town Code. Please note that a copy of this document or, in the alternative, a sworn statement attesting to the filing is to be presented to the Office of the Board of Trustees within 90 days of issuance of the permit. Regards, Assistant Town Attorney Cc: Board of Trustees ~ FAIRWEATHER DESIGN ASSOCIATES, INC. & ROBERT I. BROWN, ARCHITECT P.C 205 Bay Avenue Greenport, NY 11944 631-477-9752 (fax) 631-477-0973 fbdain¢~optonline.net Transmittal Date: 8/8/12 To: Board of Trustees Re: Nelson Permit # 7725 AUG 2 0 2012 For your records the actual location of the roadside drywell as provided by the installer. The previously specified location did not work due to public water line proximity. I thought you would want this for your file. Thank you, FDA Inc. RIBPC Inc NON-TURF BUFFER ,5' IL,)I (.,~,LJVI t~ I,~:l~Jtll',l~; Il'Iii II!1'1 I'K¢)I~ r;I 11 51TE PLAN BASED ON SURVEY OF ~'PROPERTY AT ARSHAMOMOQUE, TOWN OF SOUTR. OLD SUFFOLK COUNTY, N.Y. TAX MAP NI~. 1000-53-06-05 BY PECONIC SURVEYORS, P.C, JUNE 29, 2011 I AREA=6,655 SO. FT. TO TlE LtNE~ ELEVATIONS REFERENCED TO N. G. V.D. ! '29 NELSON R~- 2955 BAY', GREENPOR P-,EVISI=D: JAN. 13, 20 ROBERT I I=AI RWI:ATI~ ~O5 I~AY AVE.. PATRICIA C. MOORE, AI-FORNEY AT LAW 51020 Main Road, Southold, NY 11971 (631) 765-4330 ECT SIGNED CC #: C12-35541 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in myoffice on0911212012 under Liber D00012704 and Page 894 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 0911212012 SUFFOLK COUNTY CLERK JUDITH A. PASCALE SEAL Number of pages This document will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage Instrument 31 Deed / Mortgage Tax Stamp FEES Page / Filing Fee j~, r, ~ Handling 20. 00 TP-584 Notation EA-52 17 (County) EA-S217 (State) R.P,T.S.A. Comm. of Ed. 5. 00 Affidavit Certified Copy ~' ~, '~- NYS Surcharge 15. 00 Other Sub Total /" ) ' Grand Total Real Property Tax Service Agency Verification 1000 05300 0600 005000 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: PATRICIA C. MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec,/Assit. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County __ Held for Appointment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # __ of this instrument. 5 Community Preservation Fund Consideration Amount $ CPF Tax Due $ Improved Vacant Land TD TD TD Mail to: Judith A. Pascale, Suffolk County Clerk Title Company Information 310 Center Drive, Riverhead, NY 11901 Co. Name www.suffolkcou ntyny.gov/clerk Title # Suffolk County Recording & Endorsement Page This page forms part of the attached DECLARATION OF COVENANTS AND RESTRICTIONS made by: (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. ROBERT NELSON, TRUTEE GEORGE F. NELSON AND ANN NELSON IRR. LVG TRUST TO In theTOWN of SOUTHOLD TOWN OF SOUTHOLD In the VILLAGE or HAMLET of GRJEENPORT BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this ~.. i,,~ay of August, 2012, by ROBERT NELSON, as Trustee of the George F. Nelson and Ann Nelson Irrevocable Living Trust, cio Nelson 264 Court Street, Brooklyn, New York 11231, as owner, hereinafter referred to as the "Declarant". WITNESSETH: WHEREAS, the Declarant has title to certain land situate, lying and being at 2955 Bayshore Road, Greenport, Town of Southold, Suffolk County, New York, SCTM 1000-53- 6-5 said land being more particularly described in Schedule "A" which is attached hereto; and WHEREAS, the Property is situated in or adjacent to lands activities upon which are regulated by the Town of Southold Board of Trustees pursuant to Chapter 275 of the Town Cede of the Town of Southold, as may be amended, and various activities conducted upon the property are subject to the jurisdiction, regulation and approval or disapproval of the Trustees prior to being conducted; WHEREAS, the Declarant has applied to the Town of Southold Board of Trustees for a wetland permit to construct a 12' X 21' 3" wood frame deck with steps onto the seaward side of the existing dwelling; with the condition of a 10' wide non-turf buffer to be installed and maintained along the landward edge of the bulkhead; and the installation of gutters to leaders to drywells on the dwelling, and in accordance with Chapter 236 of the town Code-Stormwater Management; and as depicted on the site plan prepared by Fairweather Design Associates, Inc., last dated February 27, 2012, and stamped approved on March 2, 2012. WHEREAS, the Town of Southold Board of Trustees, as conditions for the issuance of such Wetland Permit, required certain covenants and restrictions be placed on the property as shown on the aforesaid plans. NOW, THEREFORE, this Declarant witnesseth: That Declarant, for the purpose of carrying out the intentions expressed above does hereby make known, admit, publish, covenant and agree that the said property herein described shall hereafter be subject to the following covenants which shall run with the land and shall be binding on all purchasers and holders of said premises, their heirs, successors, and assigns, to wit: 1. A 10' wide non-turf buffer to be installed and maintained along the landward edge of the bulkhead; and the installation of gutters to leaders to drywells on the dwelling, and in accordance with Chapter 236 of the town Code-Stormwater Management; and as depicted on the site plan prepared by Fairweather Design Associates, Inc., last dated February 27, 2012, and stamped approved on March 2, 2012. 2. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of the Town of Southold Board of Trustees after a duly noticed public meeting. Adjoining property owners shall be entitled to notice of such public meeting by publication or as otherwise deemed sufficient by the Board of Trustees but their consent to such modification shall not be required. 3. It is the responsibility of any party having any right, title or interest in the Property to consult Chapter 275 of the Town Code of the Town of Southold, as may be amended, and to obtain from the Town of Southold Board of Trustees review and such approvals as may be required by Chapter 275 for activities regulated therein on the Property. 4. Declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to enforce the conditions and restrictions of the covenants. THE FOREGOING covenants and restrictions shall bind the Declarant, its heirs, successors and assigns, and any and all person or persons who shall succeed to the ownership of said premises of any part thereof by transfer or otherwise. IN WITNESS WHEREOF the Declarant has duly executed this Declaration the day and year first above written. Robert Nelson, Trustee STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK) On this . day of August, 2012, before me personally appeared ROBERT NELSON, known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. NOtary Pub c CHARLES PENA NOTARY PUBLIC-STATE OF NEW YORK No. 01PE6256550 Qualified In Bronx~ C~ouoty SCHEDULEA ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situated lying and being in the Town of Southold, Suffolk County and State of New York, known and designated as lot 51 on a certain map entitled, "Revised Map of Peconie Bay Estates," and filed in the office of the Clerk of the County of Suffolk on July 30, 1928 as Map Number 658..~q~ 5c James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631 ) 765-6641 YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE __ Pre-construction, hay bale line __ 1st day of construction ¼ constructed __ Project complete, compliance inspection BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7725 DATE: FEBRUARY 22~ 2012 ISSUED TO: ROBERT NELSON PROPERTY ADDRESS: 2955 BAYSHORE ROAD~ GREENPORT SCTM# 53-6-5 AUTHORIZATION Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on February 22~ 2012, and in consideration o£application fee in the sum of $250.00 paid by Robert Nelson 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 a 12'x21 '3" wood frame deck with steps onto the seaward side of the existing dwelling; with the condition of a 10' wide non-turf buffer to be installed and maintained along the landward edge of the bulkhead; and the installation of gutters to leaders to drywells on the dwelling, and in accordance with Chapter 236 of the Town Code-Stormwater Management; and as depicted on the site plan prepared by Fairweather Design Associates, Inc., last dated February 27, 2012, and stamped approved on March 2, 2012. 1N WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. TERMS AND CONDITIONS The Permittee Robert Nelson, residing at 2955 Bayshore Road, Greenport, New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concemed that authorization was originally obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall 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 Permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Clerk's Office as a notice covenant and 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 Permittee 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. James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 February 22, 2012 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Amy K. Martin Fairweather & Brown Management Corp. 205 Bay Avenue Greenport, NY 11944 RE: ROBERT NELSON 2955 BAYSHORE ROAD, GREENPORT SCTM# 53-6-5 Dear Ms. Martin: The Board of Town Trustees took the following action dudng its regular meeting held on Wednesday, February 22, 2012 regarding the above matter: WHEREAS, Fairweather & Brown Management Corp. on behalf of ROBERT NELSON 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 1, 2012, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program. policy standards, and, WHEREAS, a Public Headng was held by the Town Trustees with respect to said application on February 22, 2012, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, 2 WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of ROBERT NELSON to construct a 12'x21'3" wood frame deck with steps onto the seaward side of the existing dwelling; with the condition of a 10' wide non-turf buffer to be installed and maintained along the landward edge of the bulkhead; and the installation of gutters to leaders to drywells on the dwelling, and in accordance with Chapter 236 of the Town Code-Stormwater Management; and as depicted on the site plan prepared by Fairweather Design Associates, Inc., last dated February 27, 2012, and stamped approved on March 2, 2012. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $50.00 Very truly yours, President, Board of Trustees JFK/eac James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall Annex 54375 Route 25, P.O. Box 1179 Southnld, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 TO: ROBERT NELSON BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Please be advised that your application dated February 1I 2012 has been reviewed by this Board at the regular meeting of February 22, 2012 and your application has been approved pending the completion of the following items checked off below. __ Revised Plans for proposed project __ Pre-Construction Hay Bale Line Inspection Fee ($50.00) __ 1st Day of Construction ($50.00) __ ¼ Constructed ($50.00) XX Final Inspection Fee ($50.00) __ Dock Fees ($3.00 per sq. ft.) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: Final Inspection Fee = $50.00 . ~ i~0 i)._3' TOTAL FEES DUE: $ 50.00 BY: James F. King, President Board of Trustees Peter Young, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., February 15, 2012 the following recommendation was made: ROBERT NELSON to construct a 12'X 21'-3" wood frame deck with steps onto the seaward side of the existing dwelling. Located: 2955 Bayshore Rd., Greenport. SCTM#53-6-5 Inspected by: Audrey Horton The CAC could not make a recommendation because the project was not staked as of February 15th. James F. King, President Bob Ghosio, Jr, Vice-President Dave Bergen PO. Box 1179 Southold. NY 11971 Telephone (631 765-1892 Fax (631 ) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report ROBERT NELSON requests a Wetland Permit to construct a 12'X 21'-3" wood frame deck with steps onto the seaward side of the existing dwelling. Located: 2955 Bayshore Rd., Greenport. SCTM#53-6-5 Type of area to be impacted: . ~,/ __Saltwater Wetland Freshwater Wetland __Sound Bay Distance of proposed work to edge of wetland P__~tCC of Town Code proposed work falls under: hapt.275 Chapt. 111 other Type of Application: '//Wetland __Coastal Erosion __Amendment __Administrative__Emergency Pre-Submission __Violation Info needed: Modifications: Conditions: Pre,~.el t Were: ~ King_ VB. Ghosio 4'/D. Bergen, J. Bredemeyer '-"'"'Michael Domino c..~. Dzenkowski Form filled out in the field by Mailed/Faxed to: Date: other BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard 1~ Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · EO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 January 23, 2012 Fairweather Design Assoc. 205 Bay Avenue Greenport, NY 11944 RE: ZBA Application #6532 - Nelson Family Dear Ms. Martin: Transmitted for your records is a copy of the Board's January 19, 2012 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for variances. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Sincerely> Vicki Toth Encl. Cc: Building Dept. BOARD MEMB Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard p. Goehringer George Homing Ken SChneider Southold Town Hall 53095 Main Road · P.O. Box ! 179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Banl~ 54375 Main Road (at Yoongs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGs, DELIBERATIONs AND DETERMINATION MEETING OF JANUARy 19, 2012 ZBA FILE: 6532 NAME OF APPLICANT: Nelson Family PROPERTY LOCATION: 2955 Bay Shore Rd. (adj. to Peconic Bay) Greenport, NY SCTM#1000-53-6~5 ~: The Zoning Board &Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List &Actions, without further steps under SEQRA. C~~°2~_v~_ I,IV.E.' _CODE. is ap l/carlo reply dated December 9, 2011, stating that this application is considered a matter for local determination as there appears to be no Significant County-wide or inter-community impact. .~,~,my ~epartment of Planning issued its L.WRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated December 19, 2011, based recommendation, as well as the records availa . . INCONSISTENT with LWRP volicv s,o,.4~-a-,b-le to. ~s, ~t!s the Board's determinati,,, ,~,., ,,- . upon the - ~ -~,~-,,us and theretore INCONSISTENT wit['[ ~,;~,e proposed action is PROPERTy FACTS/DEsc--- '~" '~ '~ nv review policies. ~,o :'_~TM_ a/.~SCRIPTION.. Subject parcel contains 6,655 sq. ft. to tie line (6,178 sq 12 of buildab e area) and is improved with a one story single family dwelling. It has 50.00 feet of frontage on Bay Shore Road, 145.57 feet along the northern property line, 46.25 feet on Peconic Bay and 145.75 feet the southern property line as shown on the survey dated June 29, 2011 prepared by Peconic Surveyors. on BASIS OF APPLICATION: Request for Variances from Articles XXIII and XXII Code Sections 280-124 and 280-116(B), based on an application for building permit and the Building Inspector's November 20, 2011 Notice of Disapproval concerning proposed deck addition to existing single family dwelling, at; I) less than the code required minimum side yard setback of 10 feet, 2) more than the maximum code required lot COverage of 20%, 3) less than the code required bulkhead setback of 75 feet. ~: The applicant proposes to construct a deck addition to the Waterside of the dwelling with a side yard setback of 7.4 feet where the code requires 10 feet, a 30 foot setback from the bulkhead where the code requires 75 feet and 23.8% lot COverage where the code permits 20% maximum lot COverage. ADDITIONAL INFORMATION: Subject property was granted a front yard setback variance #547 in 1963. The New York State DEC issued a letter addressed to the applicant, dated September 20, 2011, indicating their non- jurisdiction. Two letters from adjoining property Owners Were received indicting support for what the applicant proposes. Page 2 of 3 -January 19, 2012 ZBA File#6532 - Nelson CTM: 1000-53-6-5 FIND1NGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on January 5, 2012 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law §267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The adjoining properties and other parcels in this neighborhood have lesser bulkhead setbacks than what the applicant proposes. Waterside decks are common additions in this neighborhood. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Due to the small size of the lot, the actual buildable area and location of the dwelling, any proposed addition(s) will require a variance. 3. Town Law §267-b(3){b){3). The variance(s) granted herein are mathematically substantial, representing 26% (side yard), 60% (bulkhead), and 19% (lot coverage) relief from the code. However, due to the lot width, actual buildable area and existing location of the dwelling the variances are unavoidable. The subject property's bulkhead is set back further from the water than any other properties along the waterfront creating a greater bulkhead setback variance requirement than that of the adjoining properties. 4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The adjoining properties have bulkheads closer to the Peconic Bay and the structures are closer than the subject parcel to the bulkhead. All storm water runoff will be retained on site. 5. Town Law §267-b{3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of pumhase. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a deck addition while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Goehringer, and duly carried, to GRANT, the variance as applied for, and shown on the site plan entitled Nelson Residence, dated October 5, 2011 prepared by Robert I. Brown, Architect, revised January 13, 2012. CONDITIONS: 1. The deck shall remain open to the sky. 2. The dimensions of the non-turf buffer as noted on the above site plan shall be determined by the Southold Town Trustees. That the above conditions be written into the Building Inspector's Certificate of Occulvancy, when issued. Page 3 of 3 - January 19, 2012 ZBA File#6532 - Nelson CTM: 1000-53-6-5 Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity, Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Schneider, Dinizio, Horning. This Resolution was duly adopted (5-0), Leslie Kanes Weisman, Chairperson Approved for filing ~../~,j~ /2012 /-/ M' Town Hall Annex v~\/ 54375 State Route 25 ._~ (cot. Main Rd. & Youngs Ave.) \~ ~ / Southold, NY 11971 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF $OUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 ~,ECEIVED MEMORANDUM DEC 1 9 20!1 BOARD OF APPEALS To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date December 19, 2011 Re: Coastal Consistency Review for ZBA File Ref. NELSON FAMILY #6532 SCTM# 1000-53-6-5. Request for Variances from Articles XXlII and XXll Code Sections 280-124 and 280-116(B), based on an application for building permit and the Building Inspector's November 20, 2011 Notice of Disapproval concerning proposed deck addition to existing single family dwelling, at; 1) less than the code required minimum side yard setback of 10 feet, 2) more than the maximum code required lot coverage of 20%, 3) less than the code required bulkhead setback of 75 feet, located at: 2955 Bay Shore Road (adj. to Peconic Bay), Greenport, NY. SCTM#1000-53-6-5 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Watedront 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 determination that the proposed action is INCONSISTENT the following below listed policies and therefore INCONSISTENT with the LWRP review pursuant to: Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 6.3 Protect and restore tidal and freshwater wetlands. Maintain buffers to ensure that adverse effects of adjacent or nearby development are avoided: Maintain buffers to achieve a high filtration e~'ciency of surface runoff Avoid permanent or unnecessary disturbance within buffer areas. Maintain existing indigenous vegetation within buffer areas. If the action is approved, it is recommended that a perpetual, landscape buffer (undetermined width) be required to protect the water body. An example definition of a Landscaped Buffer is as follows: ~OARD OF ApPEAl LANDSCAPED BUFFER -- A land area of a certain lenqth and width which is planted with indigenous, drought-tolerant ve.qetation similar to that found within the immediate proximity of the parcel. Veqetation shall be installed in sufficient densities to achieve 95% qround cover within two years of installation. Survival of planted veqetation shall be 90% for a period of three years. Maintenance activities within the buffer are limited to removing vegetation which is hazardous to life and property, trimming tree limbs up to a heiqht of 15 feet to maintain viewsheds, replanting of veqetation and establishinq a four-foot-wide access path constructed of pervious material for access to the water body. [Added 12-15-2009 by L.L. No. 15-2009] Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaioro, Assistant Town Attorney ~iiq/ DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE RECEIVED DEC ! 3 ~Oll BOARD OF APPEALS SARAH LANSDALE, AICP DIRECTOR OF PLANNING December 9, 2011 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman, Chair Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a .matter for local determination as there appears to be no significant county-wide or inter-community ~mpacts. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Mastro, Elizabeth & Louis Nelson, Family 653O 6532 TRK:ds Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H LEE DENNISON BLDG. - 4TH FLOOR P O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 8534044 New York State Departme'l 'of Environmental Conse 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.~lov TIDAL WETLANDS LETTER OF NO-JURISDICTION Joe Martens Commissioner September 20, 2011 Mr. Robert S. Nelson 264 Court Street Brooklyn NY 11231 Re: NYSDEC # 1-4738~04065/00001 2955 Bay ghore Road Greeaport SCTM # 1000-53-6-5 Dear Applicant: Based on the information your agent submitted and additional New York State Department of Environmental Conservation (NYSDEC) information, the NYSDEC has made the following determination. The portion of the referenced property that is landward of the existing functional bulkhead and adjacent functional bulkheads having a combined total length greater than 100 feet in length and were constructed prior to 8/20/77, (verified on NYSDEC IR Photo #681; Historic Aerials 1960 Photo), 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 requked under the Tidal Wetlands Act. Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional 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 fi-om your project. Such precautions may include maintaimng 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. Please be further advised that this letter does not relieve you of the responsibility of ~ ne~ermits or approvals fi-om other agencies. Deputy Permit Administrator CC: Fairweather Design Associates, Inc. BOH TW File FO~ NO. 4 TOWN OF SOUTNOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOIFI'ItOLD, N. ¥. CERTIFICATE OF OCCUPANCY THIS CERTIFIES that the building located a~K:?~[..r!.. P~.V..~t....G.~.9~!~?Y~! ............. Street Map N~*.~ ................. Block No ........... ~.~... Lot No ......... '~.~ .......................................................... conforms substantially to the Application for Building Permit heretofore filed in this office deled .............~.~...~.~ .......... 19.P.Q. pursuant to which Building Permit No ..... ~..~4'~ .... ~lated April 22 ............................................ , 19 ....... was issued, and conforms to all of the requirements of the appiicable provisions of the law. The occupancy fro' which this certificate is issued is ~RIVA~ ONE F~Y DI~E~I~G This certifma~e is issued to ........ ~.~.~}..~!~.L..~.~ ............................................................. (owner, lessee or tenant) of the afm'esaid building. FORUM NO. 2 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED} N? 1043 Z Date .......................... April.....2.2 .......... 1 ~Q .... Permission is hereby granted to: Bakez~..&.. ~:iekeis s.en.... A/C...Ephr.&l'm,. C~os s ....... ~outho.:hd ...... L~. Z, ..................................... to ...Bt~J t~.. ~ll...a ,tdl-t I eh.. eh...a~., e:~l-sti,ug-., dwe.l il. ag ....................................................... at premises located at ..,_Lofc..Cj...~':t.....~.eeon,Le.,.BaT....E~.ta.te~ ................................................. ...................................... ~shore.. Road s.....~.eenp~......N.Z. ............................................. pgrsuon~ ,to application dated ...................... A. pzti. t ......... '2.2"'"' .......... 1960.." and approved by the BuiJdihg 'Inspector Fee $:~.O0...pd~. cheek Building Inspecte} FOILM NO~ 4 TOWN OF SOUTHOLD BUll. DING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, H. Y. CERTIFICATE OF OCCUPANCY THIS CERTIFIES that the building located at .K~.$n...B'I~./~,o.~,...G~.e~.~.~ ............. Street M~e~con&c ~ay Es~ , op I~o ....................... ~oct~ No .......... ~.~: ........ Lot No ...... ~.1 .......................................................... conforms substantially to the Application for Building Pen-nit heretofore filed in this office doted ............................. .~.e.[.~.,....~ ..................... , 19....~.3 pursuant to which Building Permit No...~....]:.?.~?. dated ..................... ~'~.~...:l.~, .................. , 19.....~was issued, and conforms ~o all of the requirements of the applicable provisions of the law. The occuponcy for which this certificate is issued is ........ ...................... pR:I. vA, rI~-..Ob~.....~AM .Z~y.. ~../F~]L~,:r L,~ ........................................................................... The certificote is issued to ...~):~.J.~,.f23t~,,..o~,tlet* ................................................................. (owner, lessee or tenant) of the aforesaid building. FORM NO. 2 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N.° 1981] Z Date ........... ~l~r'~l~ ...... -~1,- ....................... 19-63. Permission is hereby granted to: ........... ~ou~.hc~t4 .................................................. to '"Bui'td"-ar~" addTtlon'"o~" an,. e~i-~.%~ng.--d~e t.1 t~q ...................................................... at premises located at ...to~..-~t.s.--~eeom~c--.Bay.-F, st~te~ ........................................................ ......................................... ~ay.. ,*.~ ~r. e...R~,~d.~ .......... ~,~ enpe~ ~ ................................................... pursuent to application d<2ted ...................... .~eli~ ......... I~ ..................... ]9~.3..., and epproved by the Building Inspector Fee $.~oOO ............. ....... of ~he Zoning Ordinance, and the decision of the Building Lnspectar ( } be rever~ed ( ) be 8,00 P. Pl. (~.S.T.), u~n 32 fee~ ~t~ or ~o~z C. a. ~r~, east ~ ~c~lc ~, FORM ZFI4 Judith T. BO~, Secretary for ~ ~n the neighborhood, An fact o~ the adjoAnAng property to the nozth, there are gazaq, es set tn the ~ront yurd axes, some directly on the £ront property lane. p~ce ~act~al ~ffL~lties or ~s~ ~lpj ~ ~ d~l~ ~d ~e v~ce ~ ~oo~ ~e sp~it of ~e Ord~ ~d ~ld not ~e ~ ehracter of ~e dbtrict. ~ 12 ~. a~iti~ ~ ~ ~t of ~ ~ist~9 ~ll~ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER RES.LAND ~ /~' NEW Farm Tillab. le 1 Tillable 2 Tillable 3 Woodland Swampland Brushl~;~ ~ House Plot Total SEAS. IMP. o NORMAL Acre VL N FARM TOTAL DATE ~ ~c~o ~'1~__~,/~~ ,ILDING CONDI~I~ ,_ ~e) BELOW ~ ~el ABOVE Value Per Acre Value VILLAGE ::'J",/ /L ': '" ' "' E DISTRICT SUB. ACREAGE ~/ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET N S VILLAGE E DISTRICT ACREAGE SUB. W TYPE OF BUILDING ,/.,'2"- "; COM~M. IND CB REMARKS ,/ ,. RES. ~,~/% LAND NEW SEAS. IMP. ,/.~ o NORMAL Form Acre Tillab, le 1 Tillable 2 Tillable 3 Woodland Swampland B rushlc~ ~ Hous, e Plot Total VL FARM TOTAL DATE ~[~,ULDING CON~I~I~ !9' BELOW Value Per Acre ABOVE Value hansel Vavas and Ursula Vavas 3085 Bay Shore Road Greenport NY 11944 November 30, 2011 RE: Nelson ZBA application 2955 Bay Shore Road, Greenport To: Members of Southold Town Zoning Board of Appeals & Southold Town Trustees We own the property to the south of the Nelson property, (next door) which we understand is before you for a variance and permits to construct a deck on the water side of their home. We realize there are three variances involved, including setback from the bulkhead, setback from the south property line and lot coverage over 20%. We would like you to know that we hove no objection to the request by the Nelsons'. This will not have any impact on us and will enhance their property and not effect our neighborhood. The setback from our property line will not affect us, their iS ample distance between any of their structures and any of ours. We look forward to your approval for this project for the Nelsons' and repeat we have no objection to their request. Sincerely, Linda L. Fasbach 2905 Bayshore Road P. O. Box 59 Greenport, NY 11944 November 29, 2011 To: Members of the Southold Town Zoning Board of Appeals and the Southold Town Trustees, Re: Nelson ZBA Application 2955 Bay Shore Road, Greenport To Whom It May Concern: ! own the property to the north of the Nelson's property. I understand the said property is before you for the approval of the necessary permits to allow for the construction of a deck on the water side of the Nelson's home and for three variances including a setback from the bulkhead, a set back from the south property line and lot coverage of over 20%. I would like to go on record and state that I have no objections to these requests and to the construction of the deck. This addition will be an enhancement to the Nelson's home and to our neighborhood. Very Truly Yours, Linda L. Fasbach 15¸1 LINE .~ 6d3~ F~ransmittal FAIRWEATHER DESIGN ASSOCIATES, INC. & ROBERT I. BROWN~ ARCHITECT P.C. 205 Bay Avenue Greenport, N.Y. !1944 631-477-9752 (fax) 631-477-0973 Email: FBDAInc~optonline.net Date: To: Re: Please call (631) 477-9752 if you do not have all pages, or have any problems with clarity. Total pages sent, including cover: Remarks CONFIDENTIALITY NOTICE: The documents accompanying this Telecopy transmission contain confidential information belonging to the sender who is legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on this telecopied information is strictly prohibited. If you have received this telecopy in error, please immediately notify us by telephone to arrange for the return of the original documents to us. 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: Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: February 22, 2012 Re: Proposed Wetland Permit for ROBERT NELSON SCTM#1000-53-6-5 Fairweather & Brown Management Corp. on behalf of ROBERT NELSON requests a Wetland Permit to construct a 12'X 21'-3" wood frame deck with steps onto the seaward side of the existing dwelling. Located: 2955 Bayshore Rd., Greenport. SCTM#53-6-5 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 denoted following Policy Standards and therefore is CONSISTENT. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney Jill M. Doherty, President Bob Ghosio, Jr., Vice-President James F. King Dave Bergen John Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only Coastal Erosion Permit Application 4' Wetland Permit Application __ Administrative Permit Amendment/Transfer/Extension 3~/Rece~ved Application:~ ~/Received Fee:$ ~'~' ~ompleted Appli~'a~ion ~3r. I I I I~, __Incomplete __SEQRA Classification: Type I Type II Unlisted C A.~C R0ordination:(date sent) Consistency Assessment__. -.F°rm eferral Sent: ~, ,~.2 - ' ~ate of Inspection: __Receipt of CAC Report: __Lead Agency Determination: __Technical Review: ~,Pi~btic Hearing Held: __Resolution: Name of Applicant }JalPa Address ~. ~.{,q_ ~O~'f ~lu Phone Suffolk County Tax Map Number: 1000 Property Location: .~q {~ ~' (provide LILCO Pole #, distance to cross streets, and location) (If applicable) Address: 4gTb~lp, AO ~[, _~_. q Phone: Board of Trustees Application GENERAL DATA Land Area (in square feet): Area Zoning: Previous use of property: Intended use of property: Covenants and Restrictions: Yes ~/ No If ..... Yes , please prowde copy. Does this project require a variance from the Zoning Board of Appeals __Yes / If"Yes", please provide copy of decision. ~.,~ ~ lq]~ot~,, ~ Will this project require any ~emolition as per Town Code or as determined by the Building Dept. Yes ~{ No Prior permits/approvals for site improvements: Agency. Date , __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspe~led by a.govemmental agency? 4 No Yes If yes, provide explanation: No Project Description (use attachments if necessary): Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: USL Area of wetlands on lot: square feet Percent coverage of lot: ~ Closest distance between nearest existing structure and upland edge of wetlands: ~.~.- t feet Closest distance between nearest proposed structure and upland edge of wetlands: .~ t feet Does the project involve excavation or filling? ~/' No Yes If yes, how much material will be excavated? ff/,q' cubic yards How much material will be filled? hr/~' cubic yards Depth of which material will be removed or deposited: Proposed slope throughout the area of operations: ~011I~ feet Manner in which material will be removed or deposited: Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): · PROJECT ID NUMBER 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only 8EQR PART 1 - PROJECT INFORMATION ( To be cornpleted by Applicant or Project Sponsor) 1. APPLICANT / SPONSOR t 2. PROJECT NAME 3.PROJECT LOCATION: ~-.{~.~ i~ it..~C~.- '~ - ' 4. PRECISE LOCATION: Strut Addbss a~ R~d InterseCts. Pmmin~ lan~s elc -or ~vlde mad $. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Inaialty 41~' acres UIUmately ~ ~C~ acres 8. W1LL PROPOSPOS,ED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? I~]Yes [~No II no; describe briefly; 9~/¥A~9. W T IS PRESENT LAND USE IN VICINITY OF PROJEC'[? (Choose as many as apply.) L~rRe$idential E]lndustdal E'-]COmr%rclal E----]AgriGulttlre E~Pai'klP°restlOperrSPace E~JOlher (de$cSbe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTilvlATELY FROM ANY OTHER GOVERNMENTAL E~¥es ~]No If yos, list agency name and pemlil / approve 11;_.~.B ANY~ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? esL-J NO I! yes, list agency name and permit / approval: 12. AS A R~T OF PROPQSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MOD FICATION? i CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Spo r Name , ' Dale: If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT [To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR. PART 6t7.47 ff yes. coordinate the review process and use the FULL FAF. r-]Yes [~.o B. V~LLAcT~ONREcE~VEc~RD~NATEDREV~EWASPR~V~DE~DF~RUNL~TEDACT~NS~N6NYCRR~PART617~6? IfNo, anega0ve declaration may be supereeded by another levered agency. [~Yes ~'].o C. COIJLD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, ff legibie) Cl. F_J~ttng sir quality, sedace o~ gmundwale~ quatix'y or qnanffiy, n~se levels, existing traffic paffem, solid waste preduc~o~ or disposal, potential for erosion, dreinage or flooding problems? Explain briefly: I C2. Aesthetic, ~ldCUlturat. arohaeoleglnal, historic, of olher natural of cultural resources; or community or naighb~lmed dlaracMf? Expiate bde~. I I ~3. Vegetation of farina, fish, ~helash or wildlife species, sIonifk3enl habitats, or threatened or endangered spedes? Explain bdefly: C4. A ,~ ,.,,u,,~:~.'s ~;h .a plans or goals *s officially adopted, o~ a change in use or in~e~ of use of laed of other natural rese~rce$? F_xp~in t~efly: C5. Growth, subsequent develepmenL or related activities likely to be induced by the proposed actien? Explain briefly: C6. Long tefra, sho~t term, cumulaU~,~, o* other effec~'~ not identified in Gl ~57 Explain bHel~'~: ~'~eOsNME~^~oA~(CEA)? tildes, eXplak, briefly: PART III - ~ a ~I~INATION OF $1~NIRCANC.,E (To be completed by ,'~no/) . INS3RUOTION$: Fereachedeemee~e~t~ddn~i~edabeve~detem1~ewbether~tissub~tan~ia~~er~s~nBmnL EaCh effect should be assessed in ~3enection with its (a) setting (i.e. urban or mmQ; (b) pr~ o~ occurring;* (c.) duration; (d) Io'evemlbir~y; (e) ~mgmphlc scope; a~d (0 meor~u~e, ff neoeasay, add attaChments er referenee =uppo~ materials. Ensure that euq~matio~ ooetsln aufi~lent detail to showllmt a,q relevant aclverse In~ beve been k:lenafied ~ ~ ~. If que~lon d of pm'HI was chasked WILL NOT result In any slg~ advenm envtmnmentat Impacts AND provide, on attachments as nacassap/, the masons supporting th~ de;ennkmflon. Board o~ Trustees '~ ~ 8 ! Name of Lead Agency Date · ~/~ ~ I~' ~ ~ /~2 ~ ~ President ~nt ~ T~ Name of Res~le ~r ~ Lead Agenw ~ ~of Respon~e ~ ~a~ / Signature of Preparer (If different fi-om responsible officerl Fairweather-Brown Page 1 of i From: Robert Nelson [rsngc@earthlink. net] Sent: Tuesday, January 31, 2012 5:30 PM To: Fairweather-Brown Subject: Re: form needed by tomorrow - but NOTARIZED Oh, dear. We are on vacation 1200 miles from the US of A and 2400 miles from NY.; doubt that a Costa Rican notary is going to be acceptable, even if we could find one. We will be back on Feb. 6 and can do it for you then. Hope this doesn't mean that we have to start any of the process over again. Very sorry. B&B James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemcycr Michael J. Domino Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (63 I) 765-1892 Fax (631 ) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of ROBERTNELSON COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, ~Jtmy /'~,'9?'~T.~J , residing at /dba rt~/q-/~q, tt..;~77,:~----~-~. being duly swom,tdepose and say: ° That on the/~ da.y of ~Y'ttta~ , 201/~I personally posted the property known as by placing the Board o-f ~mstees officil~l poster where it can~silytbe seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held Wed~ February 22~ 2012 on or about 6:00 PM. Dated: ~2'/~.[ /lT,, ; tO,~ar t~ to°f b~}20rnie2t hi s Notary Publ'c~ BRITTANY A. GENOINO Notary Public, State of New York No. 01GE6245154 Qualified in Suffolk County ~ ~ Commission Expires July 18, ~0..L~ PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS $0.q5 $£,95 $£.55 $ $5.75 I-1¥~ PostmarkHero [ FEB I 4 2012 mc.o. . FI8 21 2012 ~liv~ ~m F~) 601 3419 , residing at , being duly sworn, deposes and s~s that 6n the day of ,20 , deponent mailed a true 86py of ~e Notice set fo~ in the Board of Trustees Application, directed to each of the above nmed persons at the addresses set opposite there respective nines; that the addresses set opposite the names of said persons ~e the address of said persons as shown on the cu~ent assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at , ~at said Notices w~e m~led to each of said persons by CERTIFIED MAIL~TU~ RECEI~. / Swom to before me this Day of~, 20 ~tary ~ic BRI~ A. GENOINO ~ ~, State ~ N~ Yo~ No. 01 GE62451 Qualir~d in Suffolk County BOARD OF TRUSTEES PA~E Bi Board of Tru~tee~ Application Coumy of Suffolk State of New York Notary Public, State of New York NO. 01FI646120 Qualifleo n NewYork County U[ Commlss~or ExoiresMay ~5,20 I~ DAY OF~ ~/ .20~ Board of Trustees Application County of Suffolk State of New York DEPOSES A~ID AFFIRMS THAT HE/SHE [S THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. SWORN TO BEFORE ME THIS J :S~ DAY OF tL-'~-~Zt. Xtgt. C~ ,20 J~)~ Notary Public CONNIE D. BUNCH Notary Public, State of New York No. 01BU6185050 C Qualified in ,~.gfo/k County ommlssion Ex~ires Apd114, 2 ~),/..J__ FAIRWEATHER DESIGN ASSOCIATES, INC. 205 Bay Avenue Greenport, N.Y. 11944 631-477-9752 (fax) 631-47%0973 AUTHORIZATION (where applicant is not the owner) ' (mailin~ address) do hereby authorize Amy K. Matin, or other of Fairweather Design Associates, Inc. to act as my agent to apply for all pe~its necessa~ for the proposed work to be ( Owner's signature ) TR~SACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'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. YOURNAME: ~'le..(sc~., ~h,~d¥ ~- (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. Il'so, indicate thc other person or company name.) NATURE OF APPLICATION: (Check all that apply.) 'fax Grievance Variance ~/' Special Exception [f"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, man'iage, 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 io which the Town officer or employee owns more than 5% of the shares. YES NO v// 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 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold/s Code of Ethics prohibits conflicts of interest on the pan of toum officers and employees. The purpose of this form is to provide information which can alert the town of pos~ible conflicts of interest and allow it to take whatever action is ( , first name, middle initial, un,ss 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 ail that apply.) Tax grievance Building Variance ~' Trustee Change of Z0ne Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other If ...... ( Other , name the act~wty.) 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 b aad, mamage, or business interest. "Business' 'interest" means a business,' including a partnership, in which the town 6fficer or employee has even a partial om~ership of(or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO If you answered "YES". complete the balance of this form and dale 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 appficanVagent/representa6ve) and the town officer or employee. Either cfieck the appropriate line A} througfi 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 co.orate stock of the applicant (when the applicant is a corporation); __B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); __C} an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS 1 Submiiled this ~d ay o f/~ ~.~.~__2 0~_ Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). lfany question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local Libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM. 5'9 The Application has been submitted to (check appropriate response): TownBoard [] Planning Dept. [] 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) (c) Permit, approval, license, certification: Nature and extent of action: Location of action: Site acreage: Present land use: Present zoning cl~sification: 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: }d~l~'~0 Id (b) Mailing address: q0 "~}1~ ]}~tf. Ar~ h ~7~ '~c[ (c) Telephone number: Area Code ( ) (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No ~] If yes, which state or federal agency.'?_ ~ 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- please explain) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southoid. See LWRP Section III - P~licies Pages 3 through 6 for evaluation criteria [] Yes [] No®L~I (Not Applicable- please explain) A~ach 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 [~/(Not Applicable - please explain) 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 Ill - Policies Pages 8 through 16 for evaluation criteria ~ Yes [~ No [~(Not Applicable- please explain) Atlach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section Ili - Policies Pages 16 through 21 for evaluation criteria / Yes No ~(Not Applicable- please explain) 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 - please explain) 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. See Section III - Policies Pages; 34 through 38 for evaluation criteria. [~ Yes [] No [~/(Not Applicable - please explain) Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] Yes [~ No [~iNot Applicable - please explain) PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [~ Ye~ No [~(Not Applicable - please explain) Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. [] Yes [] No ~/iNot Applicable- please explain) Atlach 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 Ill - Policies; Pages 57 through 62 for evaluation criteria. [] Yes [] No [] Not Applicable- please explain 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- please explaiu Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [] No []' Not Applicable- please explain Transmittal ' FAIRWEATHER DESIGN ASSOCIATES, INC. & ROBERT I. BROWN~ ARCHITECT P.C 205 Bay Avenue Greenport, NY 11944 631-477-9752 (fax) 631-477-0973 ~dainc~optonline.net Date: 2/1/2012 To: Southold Town Trustees Re: Nelson Family application for waterfront Deck addition 2955 Bayshore Road Greenport SCTM# 1000-53-6-5 The Nelson Family's proposed time line would be early spring construction for seasonal use. Our site plan shows a 9' non-turf buffer but if less would be acceptable it would be appreciated as the land area is small and it has been their area for recreation with the family for generations. Attached, please find our completed application including the following documents: · Completed LWRP as was also submitted to Zoning board of Appeals · Copies of CO's as were obtained from the Building Department & also submitted to the ZBA · Town Property record Card showing family ownership predated tax record card as "Cross" was maternal family name · ZBA variance approval dated 1/19/12 · DEC letter of No-Jurisdiction dated September 23,2011 · Letter from the Neighbors to the South in support of the ZBA variance · Letter from the neighbors to the North in support of the ZBA variance · A location map as provided by the ZBA · Photographs as required · Owner authorization for Amy Martin to act as agent · Transaction disclosure forms · Notarized Consent to inspect forms ~ ~ ~ &/7' Thank you, . Amy~)~inin as Agent FDA Inc. RIBPC Inc N F .... AI~P-ROvED ~ ' ~ ~.~ J BOAI~ CJI= TRUSTEES 50 NON-TURF BUFFER \\ b01 5~ © 5lYE PLAN SCALE: I": S66,09'00'''~ BASfD ON SURI/F¥ OF PROPERTY A T ARSHAMOMOQUE, TOWN OF SOUTHOLD SUFFOLK COUNTY, N, ¥. TAX MAP NO. !000-.5Z..-06-05 B ¥ PECONIC SU/~'/F ¥ORS, P. (Z JLINE 29, 20!! AREA---.6,655 SQ. F~ TO TiE LINES a~.~. ?A ,Oh,_, REFERENCE~ ¥0 N.G, WD. '29 LO/' NUMBEf~£- t'tt?Z:P, 10 A,WENDF...D MAP A - BAY ESTATES' F/LED iN THE SUFFOLK COUNTY OFFICE AS MAP NQ. 1124. LOT COVERAGE (~,, EXISTING STRUCTURES: I , 144 5@. PT. / G, 197.7 ~Q. PT. = 18.5 % PROPOSED DECK: 327 &Q. Fl-. PR.OPO&ED LOT COVERAGE: I ,47 I 5@. Fi-. / g 178 &O. FT. = 23.~ % DRAINAGE CALCULATION5 MOU&E: 1,143 5.E.x I xO. 17 = 194 C.F. DRIVEWAY: 370 5.F, x I x O. I 7 = G3 C.F. TOTAL: 257 C.?. PROVIDE (2) 8' DIA X 3'G" D. DRYWELL5 = 2~g C.P. eT I? A ViOL~-TiON OF THE L.~'W FO~ AN,' PERSON, [!?X E:iS A'~ThNG UNDER THE /':-~[LCT!ON OF A LICENSEO ~qCH~C~ TO ALTER AN~ :~ ~2~ ON TH~S D~AWING IN Af Y W~ ANY A. THORIZED ; :TieD. SEAI.~D AND . ~ ;t ? .,~5~D ~N ACCORD~CE NELSON ~EDIDENCE ~SA~ ~OAD R~VI~D: JA~ I 3, 2012 RUVI~ED: ~[D. 27, 2012 ROBERT I. BROWN ARCHITECT, P.C. FAIRWEATHER DESIGN A550CIATEB, INC. 205 DAY AVE., GPREENPORT, G31 477 D752 NEW YORK I I ~44 FIBDAINC@OPTON LI NE. NET DEC 4 2'311 JAN 31 20;t..., ~ ' dAN 3 1