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HomeMy WebLinkAbout6588 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net Tel. (631) 765-1809 · Fax (631) 765-9064 ,~~~,Ep 2 5 ] , FINDINGS, DELIBERATIONS AND DETERMINAtION~~I' l~l~~-~ --~ MEETING OF SEPTEMBER 20, 2012 ZBA FILE: 6588 NAME OF APPLICANT: David P. Schultz SCTM# 1000-139-02-03 PROPERTY LOCATION: 2745 Wickham Ave. (comer of Grand Ave.) (adj. to Long Creek), Mattituck, NY SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated August 14, 2012 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP 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 August 16, 2012. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Subject property is improved with a one story dwelling and an accessory one story garage in the R-40 zone district. It has 47.22 feet on a 20 foot right of way, 155.78 feet along the northern properly line, 45.92 feet on Long Creek and 163.00 feet on the southern property line as shown on the survey dated May 16, 2007 last revised May 10, 2012 prepared by Nathan Taft Corwin, Ill LS. BASIS OF APPLICATION: Request for Variances from Article XXIII Section 280-124, and the Building Inspector's May 30, 2012 Notice of Disapproval based on an application for building permit to construct additions and alterations to existing single family dwelling at 1 ) less than the minimum side yard setback of 10 feet, 2) less than the combined side yard setbacks of 25 feet, 3) lot coverage of more than the code permitted 20%. RELIEF REQUESTED: The applicant requests variances for 1) a side yard setback of 2.5 feet where the Code requires 10 feet, 2) a combined side yard setback of 16.7 feet where the Code requires 25 feet and 3) a lot coverage of 23.8% where the Code allows up to 20%, all as shown on the survey/site plan prepared by Nathan Taft Corwin Ill, L.S. dated May 16, 2007 and last revised dated May 10, 2012. Page 2 of 3 - September 20, 2012 ZBA File#6588 - Schultz CTM: 1000-139-2-3 ADDITIONAL INFORMATION: The applicant had testified at the public hearing that the neighbor to the south was in favor of the proposed construction and has given him permission to access their property during the proposed construction activities. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on September 6, 2012, at which time writteu 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 requested variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Two story dwellings are characteristic of this neighborhood and the proposed second story addition to this preexisting dwelling would be in keeping with this characteristic. There was no evidence presented to indicate that the granting of the variances would cause a detriment to nearby properties. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The dwelling exists in its preexisting nonconforming location and any proposed additions will require variances. 3. Town Law §267-b(3)(b)(3). The variance granted herein to maintain a 2.5 foot side yard setback is mathematically substantial, representing a 75% relief from the Code required 10 foot minimum. However this setback has been established by the preexisting location of the one story dwelling and there is no evidence presented that maintaining this setback would cause a detriment to nearby properties. Furthermore, this side yard setback is to a R.O.W. which is heavily treed and having thick brush, with no evidence of pedestrian or vehicular use. The variance granted herein for a combined side yard setback of 16.7 feet is mathematically substantial, representing a 33% relief from the Code required 25 feet. However, the proposed side yard setback to the adjoining property, with a dwelling, will have a conforming side yard setback of 14.2 feet. The variance granted herein for a 23.8% Lot Coverage is mathematically substantial, representing a 19% relief from the Code required maximum of 20%. However, the preexisting lot coverage is 23.5% and the request for an additional 0.3% or 20 square feet is not substantial when compared to the preexisting Lot Coverage. 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 applicant must comply with Chapter 236 of the Town's Storm Water Management Code and the applicant proposes to upgrade the sanitary system in a location outside the wetlands boundaries. 5. Town Law §267-b(3)(b){5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law ~267-b. Grant of the requested variance reliefs is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of constructing additions and alterations to this preexisting dwelling and parcel 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 Dinizio, seconded by Member Goehringer Acting Chairperson, and duly carried, to Page 3 of 3 - September 20, 2012 ZBA File#6588 - Schultz CTM: 1000-139-2-3 GRANT, the variances as applied for, and shown on the survey prepared by Nathan Taft Corwin III, L.S: dated May 16, 2007 and last revised dated May 10, 2012 and the architectural drawings prepared by Mark Schwartz, R.A., entitled Schulz House, Additions and Alterations, sheets A-1 thru A-5 inclusive, all dated July 13, 2012. 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 archilectural 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. D;te of the Boar& Ayes: Members Acting Chairperson Goehringer, Dinizio, Horning. Absent was Chairperson Weisman and Member Schneider. This Resolution was~(3-O). /c/'t°~A epr;rove~l for fi ling ~, ~,207rs°n BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson '�0f soyo 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. G • �O 54375 Main Road(at Youngs Avenue) Nicholas Planamento �1,`C,O Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 December 27, 2018 Robert Herrmann En-Consultants 1319 North Sea Road Southampton,NY 11968 RE: Request for De Minimus Determination Appeal No. 6588, David Schultz 2745 Wickham Avenue, Mattituck SCTM No. 1000-139-2-3 Dear Mr. Herrmann; I am in receipt of your correspondence,dated December 19, 2018, requesting a de minimus determination in the above referenced Zoning Board of Appeals decision. In your letter,you detail downsizing of your project by eliminating the second story addition in favor of a roof addition over the existing first floor, and propose one story rather than a two story addition in place of the existing deck, as well as additional minor changes. You further explain that the changes will not alter any of the approved setbacks or lot coverage. However,your updated survey, dated August 1, 2018, indicates a side yard setback of 13.7 feet rather than the 14.2 feet setback which was originally granted in Appeal No. 6588, because the porch is now measured at its northerly corner from the 6 feet by 10 feet proposed porch rather than the southerly corner. Due to the angle of the house, the difference is six(6) inches closer to the property line. I have determined that your request is de minimus in nature because the side yard setback depicted on the amended survey does not increase the degree of non-conformity, and further accept the submitted survey prepared by Nathan Taft Corwin III, L.S., revised August 1, 2018,that shows the proposed attached porch having a 13.7 feet setback from the side yard property line as satisfactory. Additionally, this decision upholds the intent of ZBA Appeal No. 6588. Please be advised that all conditions set forth in Appeal No. 6588 will still apply. Contact our office if you have any further questions or concerns. I will instruct the office to send a copy of this letter and your request to the Build' Department. S � r eslie Ka es Weisman Chairperson cc: Michael Verity, Chief Building Inspector EN-CONSULTANTS December 19,2018 Leslie Weisman,Chairwoman Board of Zoning Appeals Town of Southold P.O. Box 1179 Southold,NY 11971 Re: Case No.6588: David Schultz,2745 Wickhame Avenue, Mattituck Dear Ms. Weisman: The above referenced variance decision (copy attached), which was issued on September 24, 2012,approved the construction of a second-story addition over an existing first story (to be raised 16" into FEMA compliance) with a 9.7' x 23.3' two-story addition in place of an existing deck and a 6' x 10' porch with steps in place of an existing stoop and steps. Variance relief was granted for a minimum side yard setback of 2.5 feet, a total side yard setback of 16.7 feet,and lot coverage of 23.8 percent. Since the issuance of that approval, the owner has downsized the project by eliminating the second-story addition in favor of a roof addition over the existing first floor(to be raised 24") and constructing a 9.7' x 23.3' one-story rather than two-story addition in place of the existing deck. The proposed 6' x 10' porch remains the same but now has more steps due to the higher finished elevation of the building. A small landing/porch with steps has also been added to the rear of the house but due to its size is exempted from the building area. All of these changes are depicted on the revised site plan prepared by Nathan Taft Corwin III Land Surveyor, last dated August 1, 2018,a copy of which is attached hereto. These changes do not result in any change to the approved setbacks or lot coverage, as the ground footprint of the proposed additions and alterations remains unchanged from that which was approved by the Board except for the additional steps and rear porch/landing noted above. However, it must also be noted that the westerly side yard setback to the propose.6' x 10' porch is now shown by the surveyor as 13.7 rather than 14.2 feet— thus resulting in a total side yard setback of 16.2 rather than 16.7 feet—not because the size or location of the approved porch has changed but because on the prior site plan the surveyor drew the setback to the northerly corner of the deck rather than the southerly corner, which due to the angle of the house is apparently located 6 inches closer to the property line. Given the downscalmg of the additions and alterations, which continue to be proposed within the same building footprint as that approved by the Board in 2012, and the fact that the revised design does not require any relief beyond that already granted, we respectfully request that the Board consider issuance of a "de minimis letter" that would allow the Building Department to process a Building Permit for the revised site plan pursuant to the current variance determination without further review or relief from the Board. Once you've had a chance to review our request, please let me know if you have any questions or require any additional information in support of our request, and I thank you for your c sideration. Res ectfully yours, Robe . Herrmann Coastal Management Specialist 1319 North Sea Road I Southampton.New York 11968 1 p 631.283.6360 If 631.283 6136 www en con suItants.com environmental consulting S� N � SURVEY OF PROPERTY 62- �o SITUATE MATTITUCK A Jv TOWN OF SOUTHOLD ,_ SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000- 139-02-03 SCALE 1 "= 10' MAY 16, 2007 C� JANUARY 20, 2010 UPDATE SURVEY MARCH 9, 2011 ADDED PROPOSED ADDITIONS �h. s APRIL 12, 2011 REVISED MAP OCTOBER 24, 2011 ADDED DISTANCE TO PROPERTY TO THE SOUTH DECEMBER 6, 2011 REVISE PROPOSED SEPTIC SYSTEM IVO moo,?, F APRIL 30, 2012 ADD NOTE FOR HOUSE TO BE RAISED 16 \k � °cF MAY 10, 2012 REVISE NOTES F h9� of SEPTEMBER 18, 2012 CORRECTED SEPTIC SYSTEM DETAIL NOTES MARCH 14, 2016 REVISE NOTE FOR HOUSE TO BE RAISED 16" MIN. TO 32" MAX. \� I NOVEMBER 6, 2017 REVISE PROP. ADDITIONS MAY 18, 2018 REVISE PER S.C.D.H.S. NOTICE 02/27/2018 AUGUST 1 , 2018 REVISE PROP. SEPTIC SYSTEM TOTAL AREA - 7,280 sq. ft. (TO TIE LINE) 0.167 ac. w° 1A1, UPLAND AREA = 7,141 sq. ft. Q` dc� 4� WETLANDS AREA = 139 sq, ft. _jyid �� EXISTING LOT COVERAGE OVER v X c Y U UPLAND AREA 7 141 s t. o v w �. , ti � q f � �, Ld 4 t ~ U \moo I s�Oo :ryk::.:.:.:::::`: ':;;:: :: ::::::: :'::::::: is ::::::::.:::::::. �`� W N �ti�� .� UQ FINAL IdIIAP DESCRIPTION AREA % LOT COVERAGE ° \ ..:::::::::::::s :>> ::::: N T w \� o REVIEWED BY ZBA ° �j EXIST. HOUSE 1,079 sq. ft. 15.1 :: :::::::: ::::::::;::.;:::.::;:... e S� '':::•>;::':;::>::>::; :::::::;::;::.;:.::.. 4 SEE DECISION # ° q� F::::::::: ............::::::::::::::::::•::.:gip c� / C' EXIST. WOOD DECK 228 sq. ft. 3.2/ 0 �:::............................: : : :::: : :::::::::..c�gyp ' `° `:;:::::::.:.::>:: y ,I,, �' :::.:;:;:.::.::;:.;::.:::;.:;:•::;.;;::•;::.:;::.;::.::.::.::.::•::::.::;::.;:: ASF :> q DATED ° .,�............................ .. o \ EXIST. GARAGE 373 sq. ft. 5.2/ .......... I 1 St, S - •9• �, \, v 4 s l0 ° o •o••:::.:::::::::::::... ..:...:::. �i / 'V ::::•: :• :•:::; ::.::::::::::::::::::•:: v v v�i TOTAL EXIST. 1 680 s f . / :•:::;..^r ^r o ::::: ....:.. q t 23.5/ :. :::: .. o (� PROPOSED LOT COVERAGE OVER ::..../ :•..::. .................:.. ,..:•::•:::: x \ 'C ::::...J... o ;•:.::'•;;:•;:•;:•;:•;:•;:::::::: ..::::............::... ;:•:;:•;:•::•::....... ...... UPLAND AREA (7, 141 s t. .... .................. ............................... ............ A \ o O / \ le, s `O':.:is: : P.T' ::::i::::.i:::::: ::`.: . ....::. ::::... d A .......... DESCRIPTION AREA / LOT COVERAGE s e :;;::.::::;:•::::::,..ti..ti/o ..:.::.::::,... ............:•::: ::::::.:::::: :::::::::::::•:..::.:::::::::::::::::::::. G PROP. HOUSE 1,267 sq. ft. 17.8% vn :;::::::. ::::; :.. :?>.;?: ::: >: ::>:?;;::..?;".:...::.:...::I::::::::.. PROP. PORCH 60 sq. ft. 0.8/ :.. NOTES: EXIST. GARAGE 373 sq. ft. ° 5.2/ / G S f J 5.0 o..:::. 4i N1� TO 1988 N.A.V.D. DATUM �.�::::::: ro J ` G ° 1. ELEVATIONS ARE REFERENCED / TOTAL PROPOSED 1,700 s . ft. 23.8/ ��:•:.:':::::::::::: ..�:.. F /y °'� ..''��:;:;:;:;::;� .:::�::�::�;:� ':::.:::is i:i•::�::•:'•:i'�;:;:;':' ':.�:�>�;:� :�:�':�:�:��.�� EXISTING ELEVATIONS ARE SHOWN THUS: �..•... ::::::: %::.':. �F�oaFtic `' / �y �, o% p�E� {{•r:i..: :'r:.:::.r• o sJ�gpc�i Q . ,. y. � \ T FLOOD2. ONE INFORMATION TAKEN FROM: . to 5. x t? 0 f o FLOOD INSURANCE RATE MAP N 3 03 81 H � v' r. ZONE AE: BASE FLOOD ELEVATIONS DETERMINED : k 0 �:::•:::::::::::::: is i:::::.. .. ���' �9 e/` 0 C ZONE X: AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN. ?'` ' .:: : is \y�o� IO, 3. EXISTING SEPTIC SYSTEM STRUCTURES SHALL BE PUMPED CLEAN AND / :•':•':•': :•:N`-' F s. x,0.2 °F ty srFAfi rR '�o ^ Q EXISTING LOT COVERAGE OVER REMOVED IN ACCORDANCE WITH S.C.D.H.S. STANDARDS. 6.. .. A'r'1' r- B �s \ a_ I ti�' ADJACENT AREA 4. MINIMUM SEPTIC TANK CAPACITIES FOR 3 BEDROOM HOUSE IS 1,000 GALLONS. / / °otie�a T4 s) o a (AREA BETWEEN LANDWARD WETLANDS LANE 1 TANK; 8' LONG, 4'-3" WIDE, 6'-7" DEEP / -Sy'o �9p / x I 5.9x l I o ^ L AND 10 CONTOUR LINE - 5, 115 sq. ft.) •o 5. MINIMUM LEACHING SYSTEM FOR 3 BEDROOM HOUSE IS 250 s ft SIDEWALL AREA. I o DESCRIPTION AREA X LOT COVERAGE q A' � r '' � N M� I c^ 5 POOLS; 2' DEEP, 8' dia. •� `O ��ry��� la,S x� \ ��H S '�o.,�• x 15.2 ly N Z� GEXIST. HOUSE 1,079 sq. ft. 21.1 off I vo C1 (�-_ °F 228 sq. ft. 4.5/EXIST. WOOD DECK PROPOSED FUTURE 50% EXPANSION POOL GsF pq� ° F o�Fo4� \ 1 p (O�tio �ro�Q 1 ( > a '• nG2 yiMN`� �J / \�,2' �o�q�•1��,C �0 cF a o •: FTOTAL EXIST. 1,307 sq. ft. 25.6% o -� S`7 213 ;o q 2 a �gTF�P �0 .�, o,Qy �� � � \ �� I a o Ps�A 'Qgc� a ��� o PROPOSED LOT COVERAGE OVER �i y nc� , Y. ADJACENT AREA Q' �� �0 �•Q'�7 n %jS� / \ Cpl ,9Sy y °2' o^ e t3, �N?J v v � A c � .� e � (AREA BETWEEN LANDWARD WETLANDS LANE PROPOSED 8 DIA. X 2 DEEP LEACHING POOL �0 n�\U0 y0 S r �a(��� °ao "2 °off / cY : \ �, e G� AND 10 CONTOUR LINE - 5, 115 sq. ft.) 04"q ����' :b DESCRIPTION AREA X LOT COVERAGE Au ,r, 0 `� do / // l �.' r \a 711\ 1PROP. HOUSE 1 ,267 sq. ft. 24.8% 1 PROPOSED ,000 GALLON SEPTIC TANK vj ,•sF / C\ \ O o v PROP. PORCHES /a o `�� & STEPS 149 sq. ft. 2.9% 6. THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD �r �- / " . OBSERVATIONS AND/OR DATA OBTAINED FROM OTHERS. \"V .QO / coN�C. BLOC /(b, 9 �' " '.. `� \ TOTAL PROPOSED 1,416 sq. ft. 27.7°° o PATH INDIRT � 777 ' ' ,o • �/� ��,� RLX 7 6.0 ^ .` !� v ' pe - DRAINAGE SYSTEM CALCULATIONS: ,�/ , i4 / / PLANTER O : ..: Q / $' / <. v o �o HOUSE ROOF AREA: 1 ,348 sq. ft. v�` l 1� ^� e' y 1,348 sq. ft. X 0.17 = 230 cu. ft. ti v 230 cu. ft. / 42.2 = 5.5 vertical ft. of 8' dia. leaching pool required ��� / I N / / a ��Fs PROVIDE (3) 8' dia. X 2' high STORM DRAIN POOLS 0 M ry x \ GARAGE ROOF AREA: 373 s . ft. / �q�C 1� / a 373 sq. ft. X 0.17 = 64 cu. ft. , / \�0`0 f `30 �A�ti x : :: 64 cu. ft. / 42.2 = 2 Vertical ft. of 8 dia. leaching pool required O / 'AF PROVIDE (1) 8' dia. X 2' high STORM DRAIN POOL l": \� A s ::::.. / PROPOSED 8' DIA. X 2' DEEP DRYWELLS FOR ROOF RUN-OFF ARE SHOWN THUS: :::•;':::;•:;.::.:'::.;"j TEST HOLE DATA (TEST HOLE DUG BY McDONALD GEOSCIENCE ON APRIL 30, 2007) a / EL. 5.9' 0' 10 • ,\ 17.61 s/ o ¢ x e O o � ' " a F 9Y 9 . / ' e.: T1 A� � UNAUTHORIZED A ADDITIONT10N OR TO THIS SURVEY IS VIOLATION F 3 a PROPOSED SEPTIC SYSTEM DETAIL d LZ A�1�V�G�P SECTIO10N209WOF THE NEW YORK STATE EDUCAT�» MIXED FINES, LOAM AND SAND HOUSE (NOT TO SCALE) d v ; v.• vSQ COEIESS OD THE LAND SURVEY INKED SEAL ERRING ELEV. 11.1 EMBOSSED SEAL SHALL. NOT BE CONSIDERED OR FINISHED GRADE ELEV. 10.0 'DE 14.0' ` • EOV PE TO BE A VAUD TRUE COPY. ELEV. 10.8' 4' Q CERTIFICATIONS INDICATED HEREON SHALL RUN PALE BROWN FINE SAND SP ONLY TO THE PERSON FOR WHOM THE SURVEY EL 1.2' i :.,:': : IS PREPARED, AND ON HIS BEHALF TO THE TOP EL. 9.8' 1' MIN. TOP EL 8.6' -•-1' MIN. 4,�' � TITLE COMPANY, GOVERNMENTAL AGENCY AND „ 6" �� LENDING INSTITUTION LISTED HEREON, AND MIN. 4 DIA. TO THE ASSIGNEES OF THE LENDING INSTI- SEPTIC LEACHING T 3' CLEAN TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. APPROVED PIPE TANK cn APPROVED PIPE POOL LEACHING Iv SAND INV. EL. min. PITCH 1/4'"/1' cr in. PITCH 1/8'/1' 0 POOL COLLAR 8.9' - INV. EL. 7.8 0 THE EXISTENCE OF RIGHT OF WAYS INV. EL. 8.5 INV. EL JED AND/OR EASEMENTS OF RECORD, IF 8.D e e 8, z W OI v'( 8'_ I�I ANY, NOT SHOWN ARE NOT GUARANTEED. WATER IN PALE BROWN FINE SAND SP ac C014 DISTRIBUTION POOL OF BOT. EL 6.1' HIGHEST EXPECTED GROUND WATER +I BOT. EL. 4.2' TIICAILI PREPARED IN ACCORDANCE WITH THE MINIMUM 5 POOL SYSTEM ELEV. 2.2' r'�yIA� BYATDERDS FOR LI.A.LS.TITLE APPROVED AAND ADOPTED D Nathan Taft Corwin GROUND WATER AS PER TEST HOLE FOR SUCH USE BY THE NEW YORK STATE LAND ZSEPTIC TANK (1 ) ELEV. 1.2' TITLE ASSOCIATION. 1. MINIMUM SEPTIC TANK CAPACITIES FOR A 1 TO 3 BEDROOM HOUSE IS 1,000 GALLONS. LEACHING POOLS (5) t1� Land Surveyor 1 TANK: 8' LONG, 4'-3" WIDE, 6'-7" DEEP _ w 2. CONCRETE SHALL HAVE A MINIMUM COMPRESSIVE STRENGTH OF 3,000 psi AT 28 DAYS. 1. MINIMUM LEACHING SYSTEM FOR A 1 TO 3 BEDROOM HOUSE IS 250 sq f; SIDEWALL AREA. `� O t.�•' ~' 5 POOLS; 2' DEEP, 8' dia. �� a`.% t F``'f C' ~• Successor To: Stanley J. Isaksen, Jr. L.S. 3. WALL THICKNESS SHALL BE A MINIMUM OF 3", ATOP THICKNESS OF 6" AND A BOTTOM THICKNESS OF 4". 2• LEACHING POOLS ARE TO BE CONSTRUCTED OF PRECAST REINFORCED CONCRETE (OR EQUAL) ? rf,_`� �: i r.. Joseph A. Ingegno L.S. ALL WALLS, BOTTOM AND TOP SHALL CONTAIN REINFORCING TO RESIST AN APPLIED FORCE OF 300 psf. LEACHING STRUCTURES, SOLID DOMES AND/OR SLABS. 4. ALL JOINTS SHALL BE SEALED SO THAT THE TANK IS WATERTIGHT. �• t f" 5. THE SEPTIC TANK SHALL BE INSTALLED AT LEVEL IN ALL DIRECTIONS (WITH A MAX. TOLERANCE OF 11/4") 3. ALL COVERS SHALL BE OF PRECAST REINFORCED CONCRETE (OR EQUAL). ;+, i•` rv- r� ':"�' ': I Title Surveys - Subdivisions - Site Plans - Construction Layout 4. A 10' min. DISTANCE BETWEEN LEACHING POOLS AND WATER LINE SHALL BE MAINTAINED. ; is ;' I PHONE 631 727-2090 Fax (631)727-1727 ON A MINIMUM 3" THICK BED OF COMPACTED SAND OP. PEA GRAVEL 5. AN 8' min. DISTANCE BETWEEN ALL LEACHING POOLS AND SEPTIC TANK SHALL BE MAINTAINED. .+f ( ) ( ) 6. A 10' min. DISTANCE BETWEEN SEPTIC TANK AND HOUSE SHALL BE MAINTAINED. r OFFICES LOCATED AT MAILING ADDRESS 1586 Main Road P.O. Box 16 L" .N.Y.S. Lic. No. 50467 Jamesport, New York 11947 Jamesport, New York 11947 2 7-1421 & NOTES: 1. ELEVATIONS ARE REFERENCED TO 1988 N.A.V,D. DATUM EXISTING ELEVATIONS ARE SHOWN THUS:~-° 2. FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP No. 36105C0481H ZONE AL. BASE FLOOD ELEVATIONS DETERMINED ZONE X AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN 5. EXISTING SEPTIC SYSTEM STRUCTURES SHALL BE PUMPED CLEAN AND REMOVED IN ACCORDANCE WITH S.C.D.H.S. STANDARDS. 4, MINIMUM SEPTIC TANK CAPACITIES FOR 3 BEDROOM HOUSE IS 1,D00 GALLONS. 1 TANK; 8' LONG, 4'-5" WIDE, 6'-7" DEEP 5. MINIMUM LEACHING SYSTEM FOR 5 BEDROOM HOUSE IS 250 sq ff SIDEWALL AREA. 5 POOLS; 2' DEEP, 8' dia.  PROPOSED FUTURE 50% EXPANSION POOL  PROPOSED 8' DIA. X 4' DEEP LEACHING POOL ~ PROPOSED 1,000 GALLON SEPTIC TANK 6. THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD OBSERVATIONS AND/OR DATA OBTAINED FROM OTHERS. DRAINAGE SYSTEM CALCULATIONS. HOUSE ROOF AREA: 1,527 sq. ff. 1,527 sq, ff. X 0.17 = 226 cu. ff. 226 cu. ff. / 42.2 = 6 vertical ff. of 8' dia. leaching PROVIDE (5) 8' dia, X 2' high STORM DRAIN POOLS GARAGE ROOF AREA: 573 sq. fl. 573 sq. ff. X 0.17 = 64 cu. ff. 64 cu. ff. / 42.2 = 2 vertical fl. of 8' dia. leaching pool PROVIDE (1) 8' dim X PROPOSED 8' DIA. pool required required / / / 2' high STORM DRAIN POOL /- / X 2' DEEP ORYWELLS FOR ROOF RUN-OFF ARE SHOWN THUS: "-__9 HOUSE ELEV. 10 5' TOP EL MIN. MIN. 4" DIA. INV APPROVED PIPE 7R' m~n PITCH I/4"/1' SEPTIC TANK EL PROPOSED SEPTIC SYSTEM DETAIL (NOT TO SCALE) FINISHED GRADE ~ FINISH GRADE ELD]. 100' ELEV 100' - 140' / TOP EL 6 7' ~1' MIN APPROVED PIPE min. PITCH 1/R"/1' 7 5' EL. 7E' DISTRIBUTION POOL EL, 3 7' 5 POOL SYSTEM SEPTIC TANK (1) 1 MINIMUM SEPTLC TANK CAPACITIES FOR A 1 TO 3 BEDROOM HOUSE IS 1,000 GALLONS 1 TANK; S' LONG, 4'-3" WIDE, 8' 7" DEEP 2 CONCRETE SHALL HAVE A MINIMUM COMPRESSIVE STRENGTH OF 5,000 psi AT 28 DAYS 5 WALL THICKNESS SHALL BE A MINIMUM OF 3", A TOP THICKNESS OF 6" AND A BOTTOM THICKNESS OF 4" ALL WALLS, BOWOM AND TOP SHALL CONTAIN REINFORCING TO RESIST AN APPLIED FORCE OF 300 psf 4 ALL JOINTS SHALL BE SEALED SO THAT THE TANK IS WATERTIGNT 5 THE SEPTIC TANK SHALL BE INSTALLED AT LEVEL IN ALL DIRECTIONS (WITH A MAX TOLERANCE OF ON A MLNIMUM 3" TNICK BED OF COMPACTED SAND OR PEA GRAVEL 6, A 10' min. DISTANCE BETWEEN SEPTIC TANK AND HOUSE SHALL SE MAINTAINED BOT. EL 5 2' GROUND WATER ELEV 2 2' CLEAN SAND COLLAR LEACHING POOLS (5) 1, MINIMUM LEACHING SYSTEM FOR A 1 TO 3 BEDROOM HOUSE IS 25D sq f~ SIDEWALL AREA 5 POOLS; 2' DEEP, B' 2 LEACHING POOLS ARE TO BE CONSTRUCTED OF PRECAST REINFORCED CONCRETE (OR EQUAL) LEACHING STRUCTURES, SOLID DOMES AND/OR SLABS 3 ALL COVERS SHALL BE OF PRECAST REINFORCED CONCRETE (OR EQUAL) A. A 10' mm, DISTANCE BETWEEN LEACHING POOLS AND WATER LINE SHALL BE MAINTAINED 5~ AN B' min DISTANCE BETWEEN ALL LEACHING POOLS AND SEPTIC TANK SHALL BE MAINTAINED / / / / TEST HOLE DATA (TEST HOLE DUG BY McDONALD OEOSCI£NCE ON APRIL MIXED FINES, LOAM AND SAND 50. 2007) WATER IN pALE BROWN FINE 5AND Sp 11' / / / SURVEY OF PROPERTY [, 5 SITUATE RECL~VED MATT TUCK TOWN OF SOUTHOLD BOARDOFAPPEA SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-159-02-05 SCALE 1"=10' MAY 16, 2007 dANUARY 20, 2010 UPDATE SURVEY MARCH 9, 2011 ADDED PROPOSED ADDITIONS APRIL 12, 2011 REVISED MAP OCTOBER 24, 2011 ADDED DISTANCE TO PROPERTY TO THE SOUTH DECEMBER 6, 2011 REVISE PROPOSED SEPTIC SYSTEM APRIL 50, 2012 ADD NOTE FOR HOUSE TO BE RAISED 16" MAY 10, 2012 R~VISE NOTES TOTAL AREA = 7,280 sq. ff. (TO TIE LINE) 0.167 aC. UPLAND AREA = 7,141 sq. fl. WETLANDS AREA = 159 sq. fl. EXISTING LOT COVERAGE OVER UPLAND AREA (7,141 sq. ft.) DESCRIPTION AREA % LOT COVERAGE EXIST. HOUSE 1,079 sq. ft. 15.1% EXIST. WOOD DECK 228 sq. ff. 5.2% EXIST. GARAGE 373 sq. fl. 5.2% TOTAL EXIST. 1,680 sq. fl. 23.5% PROPOSED LOT COVERAGE OVER UPLAND AREA (7,~4~ sq. ft.) DESCRIPTION AREA % LOT CQVERAG~ PROP. HOUSE 1,267 sq. ff. 17.8% PROP. PORCH 60 sq, fl, 0.8% EXIST. GARAGE 575 sq, fl, 5.2% TOTAL PROPOSED 1,700 sq. fl, 23.8% EXISTING LOT COVERAGE OVER ADJACENT AREA (AREA BETWEEN LANDWARD WETLANDS LANE AND 10' CONTOUR LINE - 5,115 sq, ft.) DESCRIPTION AREA % LOT COVERAGE EXLST. HOUSE 1,079 sq. ff. 21.1% EXIST. WOOD DECK 228 sq. ff. 4.5% TOTAL EXIST. 1.507 sq. fl. 25.6% PROPOSED LOT COVERAGE OVER ADJACENT AREA (AREA BETWEEN LANDWARD WETLANDS LANE AND 10' CONTOUR LINE - 5, I15 sq. ft.) DESCRIPTION AREA % LOT COVERAGf PROP. HOUSE 1,267 sq. fi. 24.8% PROP. PORCH 60 sq. fl. 1.2% TOTAL PROPOSED 1,527 sq, ff. 26.0% 50467 THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. Nathan Taft Corwin III Land Surveyor Successor To' Stanley J Isaksen, Jr, LS Joseph & Ingegno LS PHONE (631)727-2090 Fax (631)727 1727 27-148 PROPOSED SOUT_H ELEVATION SCALE: 1/8"= 1' EXISTING SOUTH ELEVATION SCALE: 1/8": 1' FINAL MAP REVIEWED BY ZBA SEE DECISION # ~ DATEDq / 2u I ~ REVISIONS: A-I PROPOSED WEST ELEVATION SCALE; 1/8" = 1' EXISTING WEST ELEVATION SCALE: 1/8"= 1' PROPOSED EAST ELEVATION SCALE: 1/8" = 1' EXISTING EAST ELEVATION SCALE: l/B" = 1' :INAL MAP tEVIEWED BY ZBA SEE DECISION # DATED ~ I~,. I ¢......¢r_..,/,:~ L REVISIONS: A-2 PROPOSED NORTH ELEVATION SCALE: 1/8": 1' EXISTING NORTH ELEVATION IFINAL MAP REVIEWED BY ZBA SEE OEC~mO ~N # DATED 9 /~ / REVISIONS: A-] (~ PROJECT NORTH ,PROPOSED 1ST. FLOOR PLAN SCALE: 1/8"= 1' EXI~I lNG KITCHEN EXISTING DECK EXISTING 1ST. FLOOR PLAN SCALE: 1/8" = 1' FINAL MAP REVIEWED. BY ZBA SEE DECISION # {~%~ DATED ~ /;o / ~o,& REVISIONS: (~PRO.1ECT NORTH PROPOSED 2ND. FLOOR PLAN SCALE: 7./8" = ~.' FINAL MAP REVIEWED BY ZBA SEE DECISION # (~ DATED REVISIONS: A-5 COUNTY OF SUFFOLK Steven Bellone SUFFOLK COUNTY EXE( U lIVE Department of Economic Development and Planning Joanne Minieri Executive and Commissioner RECEIVED AU6 2 2012 BOARD OF APPEALS Division of Planning and Environment Angust 14, 2012 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman, Chair l)ear Ms. Weisman: Pursuant to thc requirements of Sections A 14-14 thru A 14-25 of the Sut'tblk Connty Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter fnr local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Gannon, Margaret Schultz, David Mill Creek Partners, LLC Frausto, Mary (c/o Peter D. Heard) 6587 6588 6589 6590 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner H. LEE DENNISON BLDG · 100 VETERANS MEMORIAL HWY, 4th FI · P.O. BOX 6100 · HAUPPAUGE, NY 11788~099 · (631) 853-5191 BOARD OF APPEA[~ MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: August 16, 2012 Re: ZBA file Ref. No. 6588 David Shultz Location: 2745 Wickham Avenue (corner of Grand Avenue) (adj. to Long Creek) SCTM 1000- 139-2-3 A site inspection was conducted on August 15, 2012 DAVID P. SCHULTZ - #6588 - Request for Variances from Article XXIII Section 280-124, and the Building inspector's May 30, 2012 Notice of Disapproval based on an application for building permit to construct additions and alterations to existing single family dwelling at 1) less than the minimum side yard setback of 10 feet, 2) less than the combined side yard setbacks of 25 feet, 3) lot coverage of more than the code permitted 20%, located at: 2745 Wickham Avenue (corner of Grand Avenue) (adj. to Long Creek) Mattituck, NY. SCTM#1000-139-2-3 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 determination that the proposed action is CONSISTENT with the LWRP. Cc: Jenifer Andaloro, Assistant Town Attorney TO: FOIL\I NO. 3 NOTICE OF DISAPPROVAL DATE: May 30.2012 David P. Schultz co Mark Schwal-tz P.O. Box 933 Cutchogue, NY 1 I935 Please take notice that your application dated May 23, 2012: For permit to construct additions and alterations to existin,2 single Ih. rally dxxelling at: I.ocation ofpropert.x: 2745 \Vickham Ave., Maltituck. NY County Ta× MapNo. I000- Section 139 Block 2 Lot~ Is returned herewith and disapproved on the following grounds: Ihe proposed additions and alterations to thc exisfin~ sinvle family dxxellino__, on this non- RECEIVED BOARD OF APPEALS conforming 7,280 {7,141 buildable) square loot lot in the Residential R-40 District is not permitted pursuant to :Article XXIiI Section 280-124: oon-conformin~ lots. measurin~ less than 20.000 square lbet in total size. require a minimum side x m'd setback of 10 feet with a total of 25 feet and maximum lot cox eraze oF 20%. The site plan shows side yard setback of 2.5 feet. total side yard of 16.7 feet and lot coveraue of 23.8 %. /Authorized Signature Note to Applicant: An) change or dexiation to the above referenced application ma3 require ~rther review by' the Southold Town Building Department. CC: file, Z.B.A. Fe¢:$ \~0 FilcdBy: Office For Offico Uso Only Date Assigned/Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Parcel Location: House No.2745 Street Wickham Avenue Hamlet Mattimck SCTM 1000 Section 139 Block 2 Lot(s). 3 Lot Size 7,280 s.f. Zone District R-40 1 (WE) APPEAL THE WR1TTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: May30,2012 BASED ON MAP DATED Mayl0,2012 Applicant(s)/Owner(s): David Schultz Mailing Address: P.O. Box 624, Mattituck, NY 11952 Telephone: 631-298-9340 Fax: NOII: In addition to thc abo'~¢ p ease comp e ed bcw lapp cant s signed b~ applicanfs attorney, agent architect builder con fac vendee, etc and name of pets4 n who agen represen s Name of Representative: En-Consultants for (×) Owner, or ( ) Other: Agent's Address: 1319 North Sea Road, Southampton, NY 11968 Telephone: 631-283-6360 Fax:631-283-6136 Email: rherm~ann~enconsultants.com Please check box to speci~jv who you wish corrag?ondence to be mailed lo, 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: 5/10/12 FOR: Other: 5/21/12 and DENIED [] Building Permit [2 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 XXllI Section 280- 124 Subsection Article Section 280- Subsection 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 Iown Code, Article Section [] Reversal or Other A prior appeal ~ has [] has not been made at any time with respect to this property. UNDER Appeal No. _Year (Please be sure to research before completing this question or or call our office for assistance). Name of Owner: David Schultz ZBA File # REASONS FOR APPEAL (additional sheets may be used with preparer's signature): 80AR~ OF APPEAL~ AREA VARIANCE REASONS. (1) An undesirable change ~vill not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: SEE ATI'ACHED (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: SEE ATTACHED (3) The amount of relief requested is not substantial because: SEE ATTACHED (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: SEE ATTACHED (5) Has the alleged difficulty been self-created? ( )Yes, or iX)No. SEE ATTACHED Are there any Covenants and Restrictions concerning this land: [] No i-lYes (please furnish copy) This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND P~EASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) Signature o~kppellant or Aut~'~'fi~o ized Agent Sworn to before me this 17th da1~tf~ 20 12._. NBTARY PUBLI~ STATE OF NE~ YBR[ COmmISSION NO. 5015931 OUALIFIEB IN SUFFDLK CO,~NTY EXPIRES A~GUSl Z. ZD_~ (Agent must submit written Authorization I¥om Owner) Robert E. }Ierrmann Coastal Management Specialist David Schultz "Area Variance Reasons" Page 1 of 2 REC£~ED / ~ ,~.~ED OF APPEA£ $ ~obert ~. Hcrrmann 1. The granting of the requested relief from §280-124 for side-yard setbacks and coverage will not cause an undesirable change to the neighboring properties or the character of the community since the need for relief is generated primarily by the addition ora second story onto a legally preexisting nonconlbrming one-story dwelling without the expansion of the footprint of that dwelling outside the footprint of existing structures, i.e., house, deck, and stoop. (Lot coverage as defined by Chapter 280 will increase by twenty (20) square feet due to the fact that the area of the proposed covered porch to be constructed inside the footprint oftbe existing stoop and steps is included in lot coverage whereas the open stoop and steps are not. Removal of a portion of the existing attached deck negates all but 20 square feet of the additional lot coverage created by the covered porch). That is, relief is necessitated primarily by a request to maintain the legally preexisting nonconforming conditions with respect to setbacks and coverage and not as a result of creating new nonconformities. The neighboring property that is most potentially affected by the addition of a second- story is that to the northeast, from which the existing minimum side-yard setback of 2.5 t&t will be maintained. However, that property consists of an undeveloped and heavily vegetated right-of-way that adjoins Wickham Avenue, a public roadway to its northeast. As demonstrated in the photos included with this application, the dwelling is barely visible fi'om Wickham Avenue, which is a fast moving roadway and not a quiet street with heavy pedestrian traffic and passers-by. Therefore, none of the usual impacts to a neighboring property owner or community that might potentially be created by adding a second story to a dwelling already located a few feet from a property line or roadway would exist at this property, which makes it arguably unique in that regard. Although the total side-yard setback will be mathematically decreased as a result of the proposed porch (which establishes a side-yard setback) being constructed in place of and inside the existing footprint of the open stoop and steps (which do not), the structural footprint on the property will not actually encroach any closer on the other adjoining property to the southwest. Although the enclosed habitable space will move closer to that property, the expansion of that space would cause no undesirable change with respect to that property, whose dwelling currently maintains a minimum side-yard setback of a tenth of one foot to the subject property. 2. The applicant's goals (i.e., enlarging their kitchen; adding a laundry room and a study; and modestly enlarging their two bedrooms and relocating them upstairs) cannot be achieved without some expansion of the existing dwelling, and due to the location of the preexisting nonconforming dwelling, any expansion, whether upward or outward, would require an area variance. Sworn to before me this 17th day of July, 2012 David Schultz "Area Variance Reasons" Page 2 of 2 R~o ~ RECEZVED E. Herrmam~OARD OF APPEAt.$ 3. The relief requested for the side-yard setbacks (2.5' minimum side where 10 feet is required and 16.7' total side where 25' is required) is mathematically substantial but those setbacks have akeady been established by the locations of the existing structures, except that the existing total side-yard setback will decrease by 4 feet fi.om 20.7 to 16.7 due to the replacement of the open stoop and steps with an enclosed porch Relief from the 20 percent lot coverage restriction that would allow a 20 square-foot increase in coverage area fi.om 1,680 square feet to 1,700 square feet (23.5% to 23.8%) is not substantial.. 4. Although the project will result in a net 20 square-foot increase of"lot coverage" as defined by Chapter 280 for the reasons described above, the proposed dwelling expansion will occur entirely within the footprint of existing structural areas, thus neither increasing ground coverage by impervious surfaces nor decreasing wetlands setbacks. Therefore the proposed structure footprint will have no additional potential impacts on the adjacent tidal wetlands or waters of the Town as compared to the existing. The project will, however, improve both groundwater and surface water quality as a result of the increased separation distance between the sanitary system and Long Creek and the improved treatment of on- site septic as a result of the sanitary system relocation and upgrade, respectively. The volume ofroofrunoffwill be decreased as a result of the installation of the drainage system of leaders, gutters, and drywells; and the establishment ora naturally planted 10' wide 450 s.f. nonturfbuffer adjacent to the tidal wetlands boundary will both decrease the potential volume of surface water runoffentering Long Creek and improve the quality of that runoffby replacing potential fertilizer dependent lawn areas with native vegetation. The project would also result in the finished structure achieving FEMA compliance with respect to the required base flood elevation as a result of the first floor being raised 16 inches. The environmental impact of the project will therefore be a net improvement of the site conditions with respect to the protection and enhancement of the adjacent tidal wetlands and improved flood protection. 5. The difficulty with proposing an expansion to the existing dwelling on this property without necessitating variance relief is not self-created due to the legally preexisting nonconforming location of the existing dwelling. Sworn to before me this 1 7th day of July, 2012 Applicant: David Schultz APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Date Prepared: July 17, 2012 RECEIVED ~ ~ 6!i! BOARD OF APPEALS I. For Demolition of Existing Building Areas Please describe areas being removed: Existing open wood deck and stoop with steps are to be removed; existing basement is to be filled with clean sand and capped with concrete slab. II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: */-8' x +/-23' Dimensions of new second floor: +/-24' (max) x +/-55.5 (max) Dimensions of floor above second level: N/A Height (from finished ground to top of ridge): 27'-4" Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: No, existing basement to be filled (see above). 111. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet it' necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Single-story dwelling with basement, open deck, and stoop with steps (see attached site plan and building plans). Number of Floors and Changes WITH Alterations: Two-story dwelling with covered porch (see attached site plan and building plans). IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 1,680 s.f. (23.5%) Proposed increase of building coverage: 20 s.fi (0.3%) Square footage of your lot: 7,280 s.f. (7,141 s.f. buildable) Percentage of coverage of your lot by building area: 23.8% (1,700 s.f.) V. Purpose of New Construction Requested: Generally, to renovate, expand and modernize an existing "beach cottage" into a modest year-round residence with improved efficiencies, better flood protection, and expanded living space. Specifically, to enlarge the kitchen and create a study and laundry room downstairs while moving the 2 bedrooms upstairs. VI. Please describe the laud contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): The property slopes moderately steeply (approximately 15%) from the roadway to the roadside of the house and then flattens and slopes much more gradually toward Long Creek. The steepness of the slope between the road and the house adds to the other limitations on the property (i.e., wetlands, size and configuration of parcel, location of existing garage, and space necessary to upgrade sanitary system), which together combine to make the most reasonable and practicable design for renovating and expanding the existing dwelling the one that is proposed, i.e., the in-place renovation and raising of the existing dwelling with upward expansion. 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 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION ~OARD OF APP~AL~ Is the subject premises listed on the real estate market for sale? OYes []No Are there any proposals to change or alter land contours? [] No [3Yes, please explain on attached sheet. 1) Are there any areas that contain sand or wetland grasses? Yes 2) Are these areas shown on the map submitted with this application? Yes 3) Is the property bulkheaded between the wetlands area and the upland building area? No 4) If your property contains wetlands or pond areas, have you contacted the office of the Iown Trustees for its determination of jurisdiction? Yes Please confirm status of your inquiry or application with the Trustees:Wetlands Permit No. 7616, issued August 24, 2011 and if issued, please attach copies of permit with conditions and approved map.(Copy attached) D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you arc submitting? No Please show area of the structures on a diagram if any exist. Or state "none" on the above line. F. 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 survey as approved by the Building Department and describe: N/A Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. Do you or any co-owner also own other land adjoining or close to this parcel? No lfyes, please label the proximity of your lands on your survey. Please list present use or operations conducted at this parcelOne-story, single-family dwelling with open deck and stoop and detached garage and proposed use two-story, single family dwelling with covered porch and detached garage (ex: existing single-family dwelling, proposed: stone x~ith garage, pool or other) Autho~natu-re and Date Robert E. Herrmann Coastal Management Specialist 2/05;1/07 14 16-4 (9/95)--Text 12 PROJECT I.D. NUMBER '~r 617 2o J Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT For UNLISTED ACTIONS Only PART I -- PROJECT INFORMATION (To be completed by Applicant or Project sponsor) SEQR FORM 1 APPLICANT/SPONSOR: I 2 PROJECT NAME David Schultz by En-Consultants 3 PROJECT LOCATION: Municipality Mattituck County Suffolk 4 PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc, or provide map) 2745 Wickham Avenue, Mattituck, Town of Southold, SCTM #1000-139-2-3 5 IS PROPOSED ACTION [] New [] Expansion [] Modification/alteration 6 DESCRIBE PROJECT BRIEFLY: Additions and alterations to existing single family dwelling. 7 AMOUNT OF LAND AFFECTED Initially 0.167 acres Ultimately 0.]6~ acres 8 WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EX ST NG LAND USE RESTRICTIONS? F~Yes [] No If No, describe briefly 9 WHAT IS PRESENT LAND 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)? [] Yes [] No If yes, list agency(s) and permit/approvals NYS DEC, Town of Southold, SCDH 11 DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [~¥es [] No If yes, list agency name and permit/approval NYS DEC #1-4738-03288/00002, Southold Trustees //7616, SCDH #R10-11-0050 12 AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION9 []Yes []No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name Ro~ E. Herrmarm, Coastal Management Specialist DATE July 17, 2012 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 ASSESS (To be completed by Agency) A DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617 4? If yes. coordinate the review process and-~e the~FULL E~AF [] Yes [] No B WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR PART 617.67 E3~lgl r~'a~f~d~io n may be superseded b another involved agency IqYe, C COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING, (Answers may be handwritten, if legible) C1 Existing air quality Surface or groundwater quality or quantity noise levels, existing traffic patterns solid waste production or disposa~ potential for erosion, drainage or flooding problems! Explain briefly: C2 Aestheticr agricultural archaeological, historic, or other natural or cultural resources: or community or neighborhood character? Explain briefly: C3 Vegetation of fauna, fish, shellfish or wddlife species, 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 C6 Long term snort term, cumulaflve 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 DNo E IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO PQTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No ~f Yes, explain briefly PART III- DETERMINATION OF SIGNIFICANCE (To be Completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant Each effect should be assessed in connection with Its (a) setting (i.e. urban or rural), (b) probability of occurring; (c) duration; (d) irreversibility; (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 impacts 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 Preparer (If different from responsible officer) Date 2 AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ~OA~r) OF APPEA/~ WHEN TO USE THIS FORM. The form must be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500feet of alarm operation located in agricultural district. All applications requiring an agricultural data statement must be rqferred to the Suffolk County Department of Planning in accordance with Sections 239- m and 239-n oj'the General Municipal Law. 1 ) Name of Applicant: En-Consultants 2) Address of Applicant: 1319 North Sea Road, Southampton, NY 11968 3) Name of Land Owner (if other than applicant) David Schultz 4) Address of Land Owner:P.O. Box 624, Manituck, NY 11952 5) Description of Proposed Project: Additions and alterations to existing single family dwelling. 6) Location of Property (road and tax map number):2745 Wickham Avenue, Mattituck, SCTM #1000-139-2-3 7) ls the parcel within an agricultural district? [5(]No [~Yes If yes, Agricultural District Number 8) Is this parcel actively farmed? [5~JNo [~lYes 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 I tall location (765-1937) or/'rom any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. l, N/A Name and Address (Please use back side of page if more than six property owners are identified.) The lot numbe~ may be obtained, in advance, when requested from either the Office of the Planning Board at 765-1938 or ~Zoning Board of Appeals at 765-1809. ~ ~ 7/ 17 /12 Sig~fatur~ of Applicant -- ~ I, I'hc local board will solicit comments from the owners of land identified above in order to consider the effect of the pruposed action on Iheir Farm operation. Solicitation will be made by supplying a copy oF this statement. 2. Comments rcturned to the local board will be taken into consideration as part of the overall review of this application. 3. Copies of thc completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the board to the propert.~ owners identified above. The cost for mailing shall be paid by the applicant at the time the application is submitted [Dr review. Failure to pay al such time means thc application is not cnmpletc and cannot be acted upon by the board. 1-14-09 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM FIOAR. D OF APPEALS 1 lie To~n of Southold's Code oP Ethics prohibits conflicts of interest on the part of tov~'[l officers and employees. The purpose of this Ibrm is to proxride infi)rmation ,Milch can alert the toxin of possible conflicts of interest and allow it to take ~hatexcr action is someone else or oflmr entiD. such as a COlllpan5. I~'so~ indicate the olher NAME ()F APPLI(ATB)N: (Chcck all that appls.) Tax gric~ ancc Building Do .~ou personally (or through your company, spouse, sibling, parent, or child) haxc a relationship with an.,, o]tSccr or emplo2, ee olthe lown of Southold? "Relationship" includes b} blood, marriage, or business interest. "Business interest" means a business, including a pa~nership, in which lhe town officer or employee has e~en a partial ownership of(or employment b~) a corporation in which the town officer or employee owus morc Ihan 5%~ ol'fl~e shares. II'~ I ansx~ered "YES". conlplcte tile balance of fills form and date and sign x~here indicated. A) tile o~ner of greater Ihan 5% of'the shares offllc corporate stock of the applicant (~hen the applicant is a corporation)~ / Form TS APPLICANT TRANSACTIONAL DISCLOSURE FORM i!. ) (FOR SUBMISSION BY OWNER andOWNER'S AGENT) 130APED OF APPFA[$ 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: Herrmann, Robert E. (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: Tax Grievance Variance Special Exception If"Other", name the activity: (Check all that apply.) Change of Zone I I Approval of Plat I I Exemption from Plat or Official Map I I Otber I I 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. 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): [ [ I 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 ID) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this_~ day of Si~nature:~..._ .. Print Name: ~O~_rt' E. Herrm.=_nn · o~x n of Southold A. INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM ~ECE~VED BOAP, D OF APPEALS A ll applicants f0r perm its* including T0wn0fS0uth01d agencies, shallc0mpletethisCCAF for proposed actions that are subject to the T0wu0fS0uth01d Waterfr0ntC0nsistency Review kaw. This assessmentisintended to supplement0therinf0rmati0n used byaT0wn 0fS0uth01dagency in nq a k in g a d ete r m in a ti0 n 0 f c 0 n s isle n c y. *Except minor exempt actions including Building Permits and other ministerial permit; not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" 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- supportine facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. SCTM# 139 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 Toxvn Clerk's office. DESCRIPTION OF SITE AND PROPOSED ACTION 2 . 3 PROJECT NAME D^VlD SClqULTZ The Application has been submitted to (check appropriate response): TownBoard ~ Planning Board[--] Building Dept. [--] BoardofTrusteesD~] 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: Construct a second-story addition onto existing one-story, one-family dwelling; construct a two-story addition in place of existing attached deck and remove remainder of existing deck; construct a 6' x 10' attached porch in place of existing landing/steps to be removed; remove existing nonconforming sanitary system located less than 100' from wetlands; install drainage system of Ieaders, gutters, and drywells; relocate existing public water service; and establish 10' wide approximately 450 s.f. non-turf buffer to be planted with native vegetation in place of existing lawn adjacent to tidal wetlands boundary, all as depicted on the site plan prepared by Nathan Taft Corwin, III, Land Surveyor, last dated April 12, 2011. Location of action: 2745 WICKHAM AVENUE, MATTITUCK Site acreage: 7,280 S.F. Present land use: RESIDENTIAL, SINGLE-FAMILY DWELLING Present zoning classification: R-40 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: DAVID SCHULTZ (b) Mailing address: P.O. BOX 624 MATTITUCK, NY 11952 (c) Telephone number: Area Code 631-298-9340 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [---] No [~ If 5'es, 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 Southoid 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 S ' · ect~on 111 - 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 ~ Not Applicable Phe expansion of natural vegetation ac~jacent to the tidal wetlands associated with Long Creek will enhance the natural appearance of the transition area between the developed portion of the property and Long Creek. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ~ Yes ~ No [~ Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [~ Yes [~ No [---] Not Applicable The proposed relocation and upgrade of the on-site sanitary system from a single cesspool located less than 100' from wetlands to a SCDHS- approved sanitary system consisting ora septic tank and cesspools located more than 100 feet from wetlands will result in an improvement of groundwater and thus ultimately surface water quality of Long Creek. The addition ora drainage system of leaders, gutters, and drywells will reduce the volume of roof runoff; and the establishment ora 10' wide, +/-450 s.f. nonturf buffer in place of existing lawn area adjacent to the tidal wetlands will both decrease the potential volume of surface water runoffentering Long Creek and improve the quality of that runoff both directly through the elimination of potentially chemically dependent lawn areas and indirectly as a result of the buffer's ability to act as a sink for capture of fertilizers and other chemicals before they enter the Creek. 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 [5~ Not Applicable Although the project cannot meet the require~ll~etlands setbacks due to the preexisting locatitthe existing house, the proposed project has been designed to minimize new disturbance and structural areas on the property by limiting the proposed expansion to additions over or in place of existing structures. Specifically, as a result of the proposed additions, there will be an increase of only 20 square feet of "lot coverage" as defined by Town Code; and the net increase in "ground area coverage" by the finished dwelling and attached structures will be only 3 square feet. Given that this negligible change in structural areas nearly qualifies the project to be exempt from Waterfront Consistency Review and the positive impacts of the mitigation measures outlined in relation to Policy 5 above, the project is consistent with Policy 6. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section Ill - Policies Pages 32 through 34 for evaluation criteria. RECEIVED ~ ~ ~ ~-~ Yes ~No~] Not Applicable ,, .. , ;~ Auach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous snbstances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [~ Yes {~] No ~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ~1 Yes ~ No~ Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's watel~ependent uses and promote sitingOnew water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. ~ Yes [-~ No [~ Not Applicable ~¢ErCED ~-,~Y' ~ Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~] Yes ~-1 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 111 - Policies; Pages 65 through 68 for evaluation criteria. [--] Yes [--] No [~ Not Applicable PREPARED BY ROB EI~T'~. HERRMANN T1TL E COASTAL MGMT SPECIALIST DATE JULY 27, 2011 ,4mended on 8/1/05 EN-CONSULTANTS 1319 No~h Sea Road Southampton, NewYo~ 11968 631-283-6360 Fax:631-283-6136 www. enconsultan~.com ENVIRONMENTAL CONSULTING July 17, 2011 Southold Town Zoning Board of Appeals Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Attn.: Vicki Toth RECEIVED 80ARD OF APPEA[~ David Schultz 2745 Wickham Avenue, Mattituck SCTM # 1000-139-2-3 Dear Ms. Toth: Enclosed for review am a total of(9) separate sets of the following for your review: 3. 4. 5. 6. 7. 8. Zoning Board of Appeals application including; a. Applicant's Project Description. b. Questionnaire. c. Transactional Disclosure Form. d. Letter of Authorization. e. Agricultural Data Statement. Short Environmental Assessment Form; Property card; Survey; Construction plans; Southold Trustees & Health Department approvals; and Photographs. Application fee of $1,500.00. Nine (9) copies of the LWRP Memorandum & Consistency with Assessment Form previously submitted to the Trustees. 1 trust this information shall allow you to process our request. Should any additional information be required, please do not hesitate to contact our office. Robert E. Herrmann Coastal Management Specialist /khs Enc. EN-CONSULTANTS, INC. t319 North Sea Road Southampton, New Yor~< 11968 631-283-6360 Fax 63!-283-6136 www enconsultants corn ENVIRONMENTAL CONSULTANTS ~ ii,* BOARD OF APPEALS TO WHOM IT MAY CONCERN: This letter will authorize En-Consultants, Inc. to represent me and act on my behalf with regard to environmental matters and/or permits. Signatur~ Print Signature Print Dated: /"~J, -~t 2/~ FORM NO. 4 TOWN OF 5OUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N.Y. Certificate Of Occupancy No. Z9701 Date October 1 .................................................. 197.9. THIS CERTIFIES that tho buiIil~ng ................................................ · 2745 Wickh~m Avenue Matt tuck Location of Property ........................................................ ~ ...... County Tax Map No. 1000 Section .. ~.9 ....... Block ..... ~ ....... Lot...99.3 ........... Subdivision ............................... Filed Map No ......... Lot No .... Requirements for a one family dwelling built ~ '~ conforms substantially to the~ Certificate of Occupancy · .. ~9171.~1...23 ........ , 1~5.7. pursuant to whic~No ......... 5.?.t.~'! ....... dated ... 9.q}~r. ? .............. 19 ~.~ ,wa~ issued, and conforms to all of the requh'ements of the applicable provisions of the law. The occupancy for which this certificate is issued is ......... One ?ally Dwelling The certificate is issued to ....... John R. AlbreGht .............. /o¥.~.~ ..................... of the aforesaid building. Suffolk County Department of Health Approval ........... ~1~.. UNDERWRITERS CERTIFICATE NO.. qzCEIVED BOARD o~&pPEAL,~ Buildmg inspector BUILi DEPARTM~TNT TOWN OF~DUTHOLD, N. Y. HOUSING CODE INSPECTION REPORT Location 2745 WickhamAveue (number & street) Subdivision Map No. Name of Owner(s) John R. Albrecht Mattituck (Municipality) Lot(s), Occupancy R ~ 1 (type) Admitted by: Self Key availableWickhamoffice Unoccupied (owner~ten~nt) Accompanied by:. Self Suffolk Co. Tax No. 1~9-02-003 Source of request William Wickha~m Date Sept. 20~ 1979 Attorney-at-Law :-5~CEIVED ~OARD OF APPEI~ DWELLING: Type of construction Wood framed #stories One Foundation Cement block Cellarpartial Crawl space, X Tots1 rooms, 1st. F1 5 2nd. F1 3rd. F1 Bathroom(s) One Toilet room(s)· Porch, ty~ ~eck, typ% Patio, typ~ Breezeway... Garag% Utility room Type Heat Gas 'Warm Air Hotwater X Fireplace(s). Yes No. Bits 2 Airconditioning... Domestic hotwater Yes .Type heater gas Other ACCESSORY STRUCTURES: Garage, type const. Wood/J car Swimming pool Other Storage, type const. Guest, type const. VIOLATIONS Housing Code, Chapter 52 · Location Description !~rt. Sec. _Kitchen No shut-off for gas stove V 52-52-B; Cellar No rail Narrow ~teos ]~d~ng t~ II 52-27-B. cellar Garage Door frame & side door in poor III 5g-31- Remarks: Inspected by: ~' .%~/~/7~2~_ Date of Insp,. October 1, 1979 Curtis Morton Time start 11:30 end 12:15 OFFICE IA)CAT[ON: Town Hall Annex 54375 State Route 25 Icor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southo[d, N~ 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD BOARD OF APPEAL~ MEMORANDUM To: Jill Doherty, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: August t9, 2011 Re: Proposed Wetland Permit for DAVID SCHULTZ SCTM~ 1000-139-2-3 Bostd ot T~ustees En-Consultants on behalf of DAVID SCHULTZ requests a Wetland Permit to construct a second-story addition onto an existing one-story, one-family dwelling; construct a two-story addition in place of existing attached deck and remove remainder of existing deck; construct a 6'X 10' attached porch in place of existing landing/steps to be removed; remove existing nonconforming sanitary system located less than 100' from wetlands; install drainage system of leaders, gutters and drywells; relocate existing public water service; and establish 10' wide approx. 450 sf. non-turf buffer to be planted with native vegetation in place of existing lawn adjacent to tidal wetlands boundary. Located: 2745 Wickham Ave., Mattituck. SCTM#139-2-3 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 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 NEB' YORK STATE DEPARTMEN~F ENVIRONMENTAL CONS Facility DEC ID 1-4738-03288 PERMIT Under the Environmental Conservation Law (ECL) Permittee and Facility Information Permit Issued To: DAVID SCHULTZ PO BOX 624 MATTITUCK, NY 11952 (631 ) 298-9340 Facility: SCI-fULTZ PROPERTY 2745 WICKHAM AVE iSCTM#1000-139-2-3 MATTITUCK, NY 11952 Facility Application Contact: EN-CONSULTANTS ~C 1319 NORTH SEA RD SOUTHAMPTON, NY 11968 (63 l) 283-6360 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Facility Principal Reference Point: NYTM-E: 707 NYTM-N: 4541.4 Latitude: 40°59'51.1" Longitude: 72°32'20.0'. Project Location: 2745 Wickham Avcnue, Mattituck Authorized Activity: Construct a sccond story addition over the existing first story, a two story addition, and a porch. Remove the existing wood deck and steps, remove thc existing cesspools, install a new sanitary system, relocate the existing water service, and establish a 10 foot wide native planted buffer. All work shall be performed in accordance with the conditions of this permit and the survey plan prepared by Nathan Taft Cor~vin III last reviscd on 4/12/l 1. Thc portion of thc property that is landward (east/southeast) of the 10 foot elevation contour linc, as shown on thc aforementioned survey plan. is bcyond the jurisdiction of Articlc 25 Tidal Wetlands. Permit Authorizations Tidal Wetlands - Under Article 25 Pcnnit ID 1-4738-03288/00002 New Permit Effective Date: 10/7/2011 Expiration Date: 10/6/'2016 Page I of 6 NEW YORK STATE DEPARq Facility DEC ID 1-4738-03288 ~X IRONMEN 1 Al, CONSERVATIO AECE~V~D ~ 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 condition~ included as part of this permit. ?ennit Administrator: JOHN 4k W1ELAND, Deputy Regional Permit Administrator Address: NYSD~C REGION 1 HEADQUARTERS SUN~ (~ STONY BROO ~I~50 CIRCLE RD STONY BROOK, NY 11790 -3409 Authorized Signature: ~-- ~i Date :~ / ;'; / < Distribution List EN-CONSULTANTS INC Habitat - TW DEP File Permit Components NATURAL RESOURCE PERMIT CONDITIONS GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: TIDAL WETLANDS 1. Notice of Commencement At least 48 hours prior to commencement of the project, the pemqittee and contractor shall sign and return the top portion of the enclosed notification fbrm certifying that they arc fi.~lly aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the ~brm must also be signed and returned, along with photographs of the COlnpleted work. 2. Conformance With Plans All activities authorized by this permit must bc in strict conformance with the approved plans submitted by the applicant or applicant's agent as part of thc permit application. Such approved plans were prepared by Nathan Taft Corwin iii last revised on 4/12/11, and stamped "NYSDEC Approved" on 10/7/11. Page 2 of 6 NEW YORK STATE DEPARTMENt' ENVIRONMENTAL CONSERVATIONO Facility DEC ID 1-4738-03288 BOA?,.D OF APPEALS 3. 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 10 linear feet landward of thc tidal wetland boundary. 4. Storage of Equipment, Materials The storage of construction equipment and materials shall bc confined within thc project work area and/or upland areas greater than 100 linear feet from the tidal wetland boundary. 5. Area of Disturbance for Structures Disturbance to the natural vegetation or topography greater than 25 feet seaward of the approved structure is prohibited. 6. Straw Bales or Other at Tidal Wetland A row of staked straw bales or approvable erosion control devices shall be placed at the landward edge of the buffer area or as per the NYSDEC approved plan, prior to commencement of any regulated activities and remain in place and in good, functional condition until the project is completed and all disturbed areas are stabilized with vegetation. 7. Runoff Directed to Upland Drywells Roof runoff shall be directed to drywells a minimum of 55 linear feet landward of the tidal wetland boundary for imlnediate on-site recharge. 8. Sanitary Systems above Groundwater Sanitary system (bottom of tank and leaching pools) shall bc located a minimum of 2 feet above seasonal high groundwater. 9. Seeding Disturbed Areas All areas of soil disturbance resulting from the approved project shall be stabilizcd with appropriate vegetation (grasses, etc.) immediately following project completion or prior to permit expiration, whichever comes first. If the project site remains inactive fbr 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 f~avor germination. 10. Contain Exposed, Stockpiled Soils All disturbed areas where soil will be temporarily exposed or stockpiled for longer than 48 hours shall bc contained by a continuous line of staked haybales / silt curtains (or other NYSDEC approved devices) plttced on the seaward side between the fill and the wetland or protected buffer area. Tarps are authorized to supplement these approved methods. 11. 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. 12. 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. 13. 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 thc State, and to such extent and in such time and maturer as the Department of Environmental Conservation may lawfully require, remove all or any portion of the uncompleted structure or fill and restore the site to its tbnner condition. No claim shall be made against thc State of New York on account of any such removal or alteration. Page 3 of 6 NEV¥ YORK STATE DEPARTMEN~]~F ENVIRONMENTAL CONSERVATION~ Facility DEC 1D 1-4738-03288 ' BOARD OF APPEALS 14. State Not Liable for Damage The State of New York shall in no case bc liable for any dmnagc or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by thc State fbr the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue t?om any such damage. 15. 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 if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of thc 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. 16. 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 enviromnentally deleterious materials associated with the project. 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 (thc Departtnent) to determine whether the permittee is complying with this permit and the ECL. Such representative may order thc work suspended pursuant to ECL 71- 030l and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to thc permit area when requested by the Department. A copy of this permit, including all referenced ~naps, 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. z. Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided fbr 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 dctcmfination. Page 4 of 6 FATE DEP ARTMEN~'F ATIONO NEW YORK S' ENVIRONMENTAL CONSERV Facility DEC II) 1-4738-03288 ' 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 fbrms or supplemental reformation 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 l HEADQUARTERS SUNY ~ STONY BROOK 50 CIRCLE RD STONY BROOK, NY11790 -3409 4. Submission of Renewal Application The permittce must submit a renewal application at least 30 days before permit expiration for thc following permit authorizations: Tidal Wetlands. 5. Permit Modifications, Suspensions and Revocations by the Department The Dcpartnrent reserves the right to exercise all available authority 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 permittcc to comply with any tcnns 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 tcclmology or applicable law or regulations since thc 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 5 of 6 NEgV YORK STATE DEPARTMEN!~gF ENVIRONMENTAl, CONSERVATI£ Facility DEC ID 1-4738-03288 &ECE]VED BOARD OF APPF~! q NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification Thc pelrnittee, 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 thc pemfittee's acts or omissions in connection with the pennittec's undertaking of activities in connection 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 permit. This indemnification docs not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rulcs 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 intbrming its independent cootractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the pennittee's agent with respect to thc permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the pcnnittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible fbr obtaining any other permits, approvals, lands, easements and rights-of- way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to thc permit. Page 6 of 6 New York State Department of Environmental Conservation ~o~,~o~p~ 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 L refer to the permit numb_er_shov~h when contacting the DEC. 030 o o ... J" jf ~',,,,~ '~' Regional Permit Administrator ~Sermit Number --~~~'-t~ Expiration Date IOf ~'~___~' NOTE: This notice is NOT a permit RECEIVED JUL ~ i~ 2012 BOARD OF APPEALS Nathan Taft Corwin III Land Surveyor Jill M. Doherty, President Bob Ghosio, Jr., Vice-President James F. King Dave Bergen John Bredemeyer August 24, 2011 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall Annex 54375Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765 1892 Fax (631) 765 6641 En-Consultants 1319 North Sea Rd. Southampton, NY 11968 RE: DAVID SCHULTZ 2745 WICKHAM AVE., MATTITUCK SCTM#139-2-3 Dear Mr. Herrmann: The Board of Town Trustees took the following action during its regular meeting held on Wed., August 24, 2011 regarding the above matter: WHEREAS, En-Consultants on behalf of DAVID SCHULTZ applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance, application dated August 2,2011, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on August 24, 2011, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, 2 WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, and, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, and, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees has found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees APPROVES the application of DAVID SCHULTZ to construct a second-story addition onto an existing one-story, one-family dwelling; construct a two-story addition in place of existing attached deck and remove remainder of existing deck; construct a 6'X 10' attached porch in place of existing landing/steps to be removed; remove existing nonconforming sanitary system located less than 100' from wetlands; install drainage system of leaders, gutters and drywells; relocate existing public water service; and establish 10' wide approx. 450 sf. non-turf buffer to be planted with native vegetation in place of existing lawn adjacent to tidal wetlands boundary, and to remove the tree located along the northwest corner of the dwelling, and as depicted on the survey prepared by Nathan Taft Corwin III last dated April 12,2011 and stamped approved on August 24, 2011. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $50.00 Very truly yours, JMD/Ims BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7616 ISSUED TO: DAVID SCHULTZ PROPERTY ADDRESS: 2745 WICKtIAM AVE.~ MATTITUCK SCTM#139-2-3 DATE: AUGUST 24~ 2011 ~O.~D OF APPV~I.$ 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 August 24, 2011 in consideration of application fee in the sum of $250.00 paid by David Schultz and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and Wetland Permit to construct a second-story addition onto an existing one-story, one-family dwelling; construct a two-story addition in place of existing attached deck remove remainder of existing deck; construct a 6'X 10' attached porch in place c landing/steps to be removed; remove existing nonconforming sanitary system located less than 100' from wetlands; install drainage system of leaders, gutters and drywells; existing public water service; and establish 10' wide approx. 450 sf. non-turf buffer to be planted with native vegetation in place of existing lawn adjacent to tidal wetlands boundary, and to remove the tree located along the northwest corner of the dwelling, as depicted on the survey prepared by Nathan Taft Corwin III last dated April 12, 2011 and stamped approved on August 24, 2011. IN WITNESS WHEREOF, tbe 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. SOUTHOLD TRUSTEES Issued To.~t~.~L~b~G~D__ Date_~g.qb/_ Address ~1¥cv: ' THIS NOTICE MUST BE DISPLAYED DURING CONSTRUCTION TOWN TRUSTEES OFFICE,TOWN OF SOUTHOLD SOUTHOLD, N.Y. 11971 TEL.: 765-1892 BOARD OF APPEALS ~:OUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES PERMIT BOARD OF APPEALS JAMES L. TOMARKEN~ MD MSW, MPH, MBA, FRCPC, FACP 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 encloscd 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 apprnved 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 (?/'the S~[[blk Count3, Code, "Septic Industry Businesses," requires that all installers q/'septic s),stems within SuJ/blk Count), shall possess a valid license fi'om the SufJblk Count3, OjJice of Consumer 4[/'ai/w. This o?y/~ce can reJitse to pe/ifi)rm inspections or grant final approval for the construction of projects that are installed b), an unlicensed individual. Il is, thereJbre, in ),our best interest to utilize a cesspool contractor with a va/id 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. 3/07) PAGE 1 OF 2 *DrvrsloN Of ENVIRONMENTAL QUALITY(,OFFICE OF WASTEWATER MANAGEMENT4.360 YAPHANK AVENUE, SUITE 2C*YAPHANK NY 119804. PHONE: (631)852-5700 FAX: (631)852-5755 e°~eo om.4pp~t.~ Nathan Taft Corwin III La~d y~veyor 2745 WICKItAM Figure 1. Looking northwest fram road side of properO, down slope over location of proposed san#ar system to south/west of existing garage and at adjacent dwelling. Figure 2. Lo~Mng n~rtheast at s~uth/west side ~f existing dwe~l~ng and pr~p~sed ~ocati~ns ~.second~st~ry addition; two-story addition itt place of existing dec,~; and porch in place of existing stoop and steps. Figure3. LooMng southeast from waterside of property at northeast side t¢'dwelling (requiring minitnum side yard ,setback reliq[) and at adjacent vegetated lands to northeast adjoining Wicl~ham Avenue. Figure 4. Looking northwest from roadside of property at northeast side of existing dwelling requiring minimum side yard setback reliqf and at adjacent vegetated lands to northeast adjoining Wickham Avenue. DAVID SCH Z~ 2745 WlCKHAM AVENIJE~ MAT UCK ~ Fignre 5. Looking south west across Wickham A ~,enue toward vegetated land adjoining northeast side of Sehultz properO, (where minimum side yard setbacA' relief will be required fi~r proposed dwelling expansiotO. Figure6. Looliing southwest from Wickham A~,entte through vegetated land adjoining Schultz property and at northeast side of existing dwelling. TOWN RES. ,~f~ SFAS. LAND IMP, OWNER FORMER OWNER VL. TOTAL ~o0 AGE EA~ Tillable Tillable 2 Tilloble 3 Woodland Swampland Brush]and ,~ouse Plot Toro I NORMAL Acre OF SOUTHOLD PROPERTY RECORD CARD DATE BUILDING CONDITION VILLAGE ! D~$T~ SUB, ACE. TYPE OF BUILDING LOT JUL 3 ~ ZOiZ BOARDOFAPPERLS BELOW Value Per Acre ABOVE Value DOCK FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD Y~Z ~ ~7oo REMARKS COMM. CB. /VllSC. Mkt. Value ~. Bldg. <tensFon <tens[on <tension )rch )rch 'eez~way 3r~ge ]rio 139.-2-.3 ~09 76/ s~-F_ ,OLOR iRfM ~3~ ~7 Foundation ~ Basement Ext. Walls Fire Place Type Roof ~' ':~.,,~, Recreation Rao Dormer Drive~¥oy /,r 0 Bath Floors rnterior Finish Heat Rooms 1st Floor Rooms 2nd Floo~ / ~inette j LR. BR. FIN. E~-CONSULTANTS~NO. 1329 NORTH SEARD. SOUTHAMPTON, N.Y 11968 631-283-6360 RECEZVED JUL ~ ~D OF APPEALS PI~OPOSP. I:? POCK POE PAVIP 5CHUI.I'Z ON LONG /~fTITLEK, 5LIFPOLr, CO,, NY 5HEEI'I ~1 I0//~/o~,11/5/o'5 Town of Southold P.O Box 1179 Southold, NY 11971 Date: 07/27/12 * * * RECEIPT * * * Receipt~: 140004 Transaction(s): 1 1 ZBA Application Fees Reference Subtotal 6588 $1,500.00 Check#: 5383 & 10221 Total Paid: $1,500.00 Name: En-consultants, Inc. 1319 North Sea Drive Southampton, NY 11968 Clerk ID: CAROLH Internal ID: 6588 ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville July 27, 2012 Zoning Appeal No. 6588 Transmitted herewith is Zoning Appeals No. 6588 of En-Consultants for David Schultz the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Cover Letter from En-consultants Dated July 17, 2011, Authorization Letter from David P. Schultz to En- Consultants, Inc. to Represent him in this Matter, Notice of Disapproval from Building Department Dated May 30, 2012, Notice of Certificate of Occupancy No. Z9701 for One Family Dwelling Built Prior to Certificate of Occupancy, Copy of Housing Code Inspection Report Dated October 1, 1979 Prepared by Curtis Horton, Letter from Local Waterfront Revitalization Program Dated August 19, 2011, Seven Page Permit from New York State DEC Dated October 7, 2011, Five Page Permit from Board of Southold Town Trustees Dated August 24, 2011, Two Page Permit from Suffolk County Health Department, Three Pages of Photo of Property, Two Pages of Property Record Card, Drawing of Proposed Dock Dated November 3, 2003 Prepared by En-Consultants Inc., Five Pages of Drawing of Additions & Alterations Showing Elevations and Floor Plans Dated July 13, 2012 Prepared by Mark K Schwartz AIA, Copy of Survey Showing Existing & Proposed Construction Dated May 10, 2012 Prepared by Nathan Tat~ Corwin III, Land Surveyor. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, SEPTEMBER 6, 2012 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box t179, Southold, New York 11971-0959, on THURSDAY, SEPTEMBER 6, 20t2: 1:30 P.M. - DAVID P. SCHULTZ - #6588 - Request for Variances from Article XXlll Section 280-124, and the Building Inspector's May 30, 2012 Notice of Disapproval based on an application for building permit to construct additions and alterations to existing single family dwelling at 1) less than the minimum side yard setback of 10 feet, 2) less than the combined side yard setbacks of 25 feet, 3) lot coverage of more than the code permitted 20%, located at: 2745 Wickham Avenue (corner of Grand Avenue) (adj. to Long Creek) Mattituck, NY. SCTM#t000-t39-2-3 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing, if you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Tot h~.Town.Southold.ny.us Dated: August 8, 2012 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) P.O. Box 1179 Southold, NY 11971-0959 Z~NING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net August 6, 2012 Re: Town Code Chapter 55 -Public Notices for Thursday,September 6, 2012 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before August 20th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan {filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al_l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or durinq the hearing, prov d n.q the returned letter to us as soon as possible; AND not later than August 27th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later August 29th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Postinq for receipt by our office before September 4, 2012. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: SCHULTZ, DAVID # 6588 SCTM #: 1000-139-2-3 VARIANCE: SETBACKS & LOT COVERAG REQUEST: ADDITIONS & AL RATIONS DATE: THURS., SEPT. 6, 2012 1:30 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 #10828 STATE OF NEW YORK) ) SS: _COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 30th day of Au,qust, 2012. Sworn to befor( LEGAL NOTICE BOARD OF APPEALS THURSDAY SEPTEMBER 6, 2012 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, put- su~mt to Section 267 of the Town Law and Town Code (~apter 280 (Zoning), Town of South#Id, the following public heatings will be held by the SOUl. OLD TOWN ZONING BOARD OF APPEALS at the To~m Hall, 53095 Main Road, EO. Box 1179, Souffiold, New York 11~71-0959, on THURSDAY SEPTEMBER 6,2012: Carryover Hemlags, continued from pier meetings and pending additional in- hmnation: Adjourned f~om P~0~e fleming ~2,~0t2 _ Article XXIII Section 280-124, and the Building Inspector's July 10, 2012 Notice of Disapproval based on ml application for building parmit to construct gsra~ ad_ dition with tv, o bedrooms above and "as beilt" accemory shed at: 1) In ~e case of m~y be loc~tad in the front yard, provided t/mt such accessory meets the front ymd ptlncipal setbac~ requirements ~s set forth by this code.., prolx~ed location is other than tim code reqinred Jr#at or rear ym~, 2) lot coverage of more than the cede p~r. mitred 20%, located at: 350 M~Donalds Crossing (~. to Peconic Ba~) Laurel, Ny. the condition imposed in the Zoning Board decision application ~ dated S~ptember 15, 2011. Reduction in width of the non4urf buffer. Located at: 160 Sail- ors Nellie Road, (adj. to James Creek) 1L~ A.M. - PECON1C I,ANDINC AT SOUTHOLD. INC. - ~6fl91 - Request __ for Variance from Article V Code Section 280-23 (Bulk Schedule) and thc Building Inspector's July 9, 2012 Notice of Disal~ proval based on an application for build- lng permit for construciion of a three stray apartment building addition, at; More ' than the maximum number of 2 ~ stories, I located at: 1500 Brecknoch Road (adj. to L~ng Island Sound) Greenport, NY SCTM#1000-35.1-25 shall merge with an adjacent conforming ~r nonconforming lot which has been held ule (minimum 40,000 square feet in this R-40 Residential Zone District) tigs lot is 215 & 125 Robinson Lane (corner Indian Neck Lane) Pcconic, NY SCTM#-I~0- --~[~_- Applicant requests a Special 280-13B(13). 'l]~e Applicant is the owner requesting authorization to establish an Aece~o~. Apartment in an access#iT structure, requmts '~afia~e from Section 280-13B(13)(a) total square footage nf more than the ma~mum livable floor area of 750 square fee~ at; 1425 Bay Avenue ~ - Request for Variances from Articl~ X2X]II Section 280-1~, and the Building proval based on an application for build- t er.a. li.o ~ go existing single family dwelling ,at i) leS~ than the minimum side yard set- of G~-imd Avenue) (adj. to Long Creek 1_.!_ week(s), successfully commencing on the f._...~0~ Principal Clerk day o 2012. CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01V06105050 Qualified In Suftolk County of same to existing si~in family dwelling: heard at each heanng, and/or desiring to contact our office at, (631) 765-1809, or by email: ~. S3095 Main Road (Maillng/USPS) TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF MAILINGS DAV~ SCHULTZ (Name of Applicants) SCTM Parcel # 1000- 139-2-3 COUNTY OF SUFFOLK STATE OF NEW YORK dba EN-CONSULTANTS, 1319 NORTH SEA ROAD, I, Jaclyn Hartman x~s~fli~:~t SOUTHAMPTON, NY 11968 New York, being duly sworn, deposes and says that: On the 27 day of AUGUST ,2011, I personally mailed at the United States Post Office in SOUTHAMPTON , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the (x) Assessors, or ( ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. 0 ~) ' (Signature~- Swom to b, eTore me thisc~ 7 day of_ (,LGt..~4~..] ,20 /? tary Public)O- PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. KlM H. STEPHENS NOTARY PUBLIC STATE OF NEW YORK COMMISSION NO. 5015931 QUALIFIED iN SUFFOLK COUNTY EXPIRES AUOUSI 7. 20dj DAVID SCHULTS PROPERTY 2745 WICKHAM AVENUE, MATTITUCK SCTM#: 1000-139-2-3 1000-139-3-8 Christine Smith P.O. Box 546 Cutchogue, NY 11935 1000-139-2-4 Mat-A-Mar, Inc. P.O. Box 450 Mattituck, NY 11952 1000-139-2-5 Agarabi Ali Revocable Trust P.O. Box 450 Mattituck, NY 11952 1000-107-8-43.1 Town of Southold Assessors Office P.O. Box 1179 Southold, NY 11971 E~ Cedified Fee [~] Return Receipt Fee r--I (Endorsement Required) Restricted DeJiver7 Fee IE~ (Endorsement Requfred) m Postmark Here Agarabi Ali Revocable Trust P.O. Box 450 Mattituck, NY 11952 ...... Matt-A-Mar, [nc. P.O. Box 450 Mattituck, NY 11952 m Office of Tax Assessor Town of Southold P.O. Box 1179 Southold, NY 11971 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reveme Postage Certified Fee Return Receipt Fee (Endomement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees se,t re Christine Smith ~?~-i~-r ~ P.O. Box 546 Cutchogue, NY 11935 [] Agent I-1 Addressee so that wa can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Matt-A-Mar, Inc. P.O. Box 450 Mattimck, NY 11952 2. Article Number ffr~.,;~, ~rom sen/ice Aabe0 PS Form 3811, February 2004 · Complete items 1, 2, and 3. Also complete item 4 ff Restricted Dellvery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this cad to the back of the mailpisoe, or on the front if space permits. 1. A~tioleAddreosedto: Office of Tax Assessor Town of Southold P.O. Box 1179 Southold, NY 11971 X ~'/~ ~Z~ i--lA(lent j/~,~.-~,~! [] ~dressee ~. ~d~ 17 OYes ~ O In~ M~I ~ C,~ I 4. R~ ~li~ ~ ~) 7012 1010 0001 8463 1159 PS Form 381 i, February 2004 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF POSTING David Schultz (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as 2745 W~ckham AVenue, Mattituck SCTM Parcel #1000- 139-2-3 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Klm H. Stephens En-Consultants 1319 North Sea Road, S(ml-h.ampt-~n , New York, being duly swom, depose and say that: On the 29thday of August ,2012 , I personally placed the Town's Official Poster, with the date of hearing and nmure of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of- way (driveway entrance) - facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven (7) days prior to the date of the subject hearing date, which hearing date was shown to be September 6t 2012 Sworn to before me this [44~ Dayof .~"~ ,201-~ (Notary Public) * near the entrance or driveway entrance of my property, as the area most visible to passerby. · Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can retum the card to you. · Attach this card to the back of the mailpiece, <~r on the front if space permits. 1. t~rtic~e Addressed to: Christine Smith P.O. Box 546 Cutchogue, NY 11935 Addressee B. Received by ( Pr/nt~d Name) C. D~te of Delivery is d~ive~ address dEferent from item 17 r~yes if YES, enter delive~ address below: [] No Sero Type r~ CaVilled Melt rq ~ Mail [] Regl~ered [] Return Re~ for Memhamllae [] Insured Msil [] C.O.D. 4. Rest~c~:~ Dellve~r7 (Extra Fee) [] Ye~ 2. Alticle Number i ~s Fo~n 3811, February 2OO4 7012 1010 0001 ~ P.e~um Reoe~p~ 8463 1142 , .f Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 July 26, 2012 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. # 6588 SCHULTZ, David P. 1000-139-2-3 Dear Mark: We have received an application for additions and alterations to single family dwelling. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Encls. Very tmly/~s, By: Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 July 26, 2012 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File # 6588 Owner/Applicant: SCHULTZ, David P. Action Requested: Additions and alterations. Within 600 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Ir. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 hnp://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTIIOLD Tel. (631) 765-1809 · Fax (631) 765-9064 September 24, 2012 En-Consultants, Inc. 1319 North Sea Road Southampton, NY 11968 RE: ZBA Application #6588 Dear Mr. Herrmann: Transmitted for your records is a copy of the Board's September 20, 2012 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. 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. NOTICE ~ COUNTY OF SUFFOLK