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HomeMy WebLinkAboutTR-7889 John M. Bredemeyer III, President ``*OF SOUr�o Town Hall Annex Michael J. Domino,Vice-President h0 lQ 54375 Main Road P.O.Box 1179 James F. King,Trustee Southold, New York 11971-0959 Dave Bergen,Trustee G �Q Telephone(631) 765-1892 Charles J. Sanders,Trustee OIyCOU Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 0991 C Date: June 13, 2014 THIS CERTIFIES that the conversion of the existing dwellinginto'nto a pool house; cosmetic repairs to existing structure to include a new patio door and replacement of damaged deck boards; connect existingsanitary to new expansion pool and new septic tank; and existing water line and vault relocated and connect to new house; with the condition the pool house is not to be used as a habitable dwelling. At 62445 North Road, Greenport,New York, Suffolk County Tax Map#40-1-6 Conforms to the application for a Trustees Permit heretofore filed in this office Dated July 27, 2012 pursuant to which Trustees Wetland Permit#7889 Dated August 22, 2012 and Trustees Coastal Erosion Permit#7889C Dated August 22, 2012 was issued and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for the conversion of the existing dwellinginto'nto a pool house: cosmetic repairs to existing structure to include a new patio door and replacement of damaged deck boards; connect existing sanitary to new expansion pool and new septic tank; and existing water line and vault relocated and connect to new house, with the condition the pool house is not to be used as a habitable dwelling. The certificate is issued to MIKE & ELLEN FEINBERG owner of the aforesaid property. Authorized Signature John M. Bredemeyer 111,President Town Hall,53095 Main Rd. Michael J.Domino,Vice-President a�0 �Gy P.O.Box 1179 James F. King y Southold,NY 11971 Dave Bergen Telephone(631)765-1892 Charles J.Sandersy��l �.��~ Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DATE OF INSPECTION: 1 3 L) p ��3 C r 1 W Ch. 275 Ch. 111 INSPECTION SCHEDULE Pre-construction, hay bale line/silt boom/silt curtain 1" day of construction %z constructed ZProject complete, compliance inspection. INSPECTED BY: COMMENTS: l e 6 v C 0 k j LAI 7 P',' CERTIFICATE OF COMPLIANCE: FF James F.King,President �p�� �xc0 Town Hall,53095 Main Rd. Bob Ghosio,Jr.,Vice-President P.O.Box 1179 Dave Bergen Southold,NY 11971 John Bredemeyer G • Telephone(631)765-1892 Michael J.Domino yOj �a Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1St day of construction '/2 constructed VProject complete, compliance inspection I BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7889 & 7889C DATE: AUGUST 22, 2012 I ISSUED TO: MIKE & ELLEN FEINBERG PROPERTY ADDRESS: 62445 NORTH ROAD, GREENPORT SCTM#40-1-6 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on August 22.2012,and in consideration of application fee in the sum of$500.00 paid by Michael Feinberg and subject to the Terms and Conditions as stated in the Resolution,the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to convert the existing dwelling into a pool house; cosmetic repairs to the existing structure which includes new patio door and replacement of damaged deck boards; connect existing sanitary to new expansion pool and new septic tank; and existing water line and vault relocated and connect to new house; with the condition of the usage of the pool house is not be used as a habitable dwelling; and as depicted on the survey prepared by John T. Metzger, last dated August 1,2012, and stamped approved on August 22, 2012, and also as depicted on the site plan prepared by Chorno Associates, last dated May 23, 2012 and stamp approved on August 22, 2012. IN WITNESS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. .Tamar F_ King Tiny N O i I 0 TERMS AND CONDITIONS The Permittee Mike& Ellen Feinberg residinpat 62445 North Road, Greenport,New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: 1. That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. 2. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice,to remove or alter this work project herein stated without expenses to the Town of Southold. 8. That the said Board will be notified by the Permittee of the completion of the work authorized. 9. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. James F. King,President Of so�ly Town Hall Annex Bob Ghosio,Jr.,Vice-President ,�0� �{0 54375 Main Road Dave Bergen P.O. Box 1179 Southold,New York 11971-0959 John Bredemeyer G Michael J. Domino ` �0 Telephone (631) 765-1892 � NV Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD COASTAL EROSION MANAGEMENT PERMIT COASTAL EROSION PERMIT#7889C Applicant/Agent: Patricia C. Moore, Esq. Permittee: Mike & Ellen Feinberg SCTM#: 40-1-6 Project Location: 62445 North Road, Greenport Date of Resolution/Issuance: August 22, 2012 Date of Expiration: August 22, 2014 Reviewed by: Board of Trustees DESCRIPTION OF ACTIVITY: To convert the existing dwelling into a pool house; cosmetic repairs to the existing structure which includes new patio door and replacement of damaged deck boards; connect existing sanitary to new expansion pool and new septic tank; and existing water line and vault relocated and connect to new house; with the condition of the usage of the pool house is not be used as a habitable dwelling; and as depicted on the survey prepared by John T. Metzger, last dated August 1, 2012, and stamped approved on August 22, 2012, and also as depicted on the site plan prepared by Chomo Associates, last dated May 23, 2012 and stamp approved on August 22, 2012. INSPECTIONS: Final Inspection SPECIAL CONDITIONS: (apply if marked) In accordance with Chapter 111-15 Erosion Protection Structures: N/A A maintenance agreement is attached hereto and is a necessary special condition of this permit. BY: 1`I Dave Bergen, Mem r Board of Trustees James F. King, President �pf so�Ty Town Hall Annex Bob Ghosio,Jr.,Vice-President ,�0� �� 54375 Main Road Dave Bergen P.O.Box 1179 Southold,New York 11971-0959 John Bredemeyer CA � Michael J. Domino G O Telephone(631) 765-1892 COUrrry N � Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD August 22, 2012 Ms. Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 RE: MIKE & ELLEN FEINBERG 62445 NORTH ROAD, GREENPORT SCTM# 40-1-6 Dear Ms. Moore: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, August 22, 2012 regarding the above matter: WHEREAS, Patricia C. Moore, Esq. on behalf of MIKE & ELLEN FEINBERG applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, and Chapter 111 of the Southold Town Code, Coastal Erosion Hazard Areas, application dated July 27, 2012 and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on August 22, 2012, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, z WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 and Chapter 111 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of MIKE & ELLEN FEINBERG to convert the existing dwelling into a pool house; cosmetic repairs to the existing structure which includes new patio door and replacement of damaged deck boards; connect existing sanitary to new expansion pool and new septic tank; and existing water line and vault relocated and connect to new house; with the condition of the usage of the pool house is not be used as a habitable dwelling; and as depicted on the survey prepared by John T. Metzger, last dated August 1, 2012, and stamped approved on August 22, 2012, and also as depicted on the site plan prepared by Chorno Associates, last dated May 23, 2012 and stamp approved on August 22, 2012. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $50.00 Very truly yours, DaveBerger_ Member, Board of Trustees DB/amn • Q�BUFFO��.co • James F.King,President Town Hall Annex Bob Ghosio,Jr.,Vice-President 0 54375 Route 25,P.O.Box 1179 Dave Bergen Southold,NY 11971 John Bredemeyer Oj y, �a� Telephone(631)765-1892 Michael J. Domino '! Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: MI'kP + Ellec) Seh rq c/o Po rl"cla C Moore, F. s�, Please be advised that your application dated 1, ZZ LIZ- has been reviewed by this Board at the regular meeting of ZZ 4 Z01 2 and your application has been approved pending the cort pletion of the following items checked off below. Revised Plans for proposed project Pre-Construction Hay Bale Line Inspection Fee ($50.00) 1st Day of Construction ($50.00) % Constructed ($50.00) V/ Final Inspection Fee ($50.00) Dock Fees ($3.00 per sq. ft.) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: Filial TY)Sgec-lon - SD.DD TOTAL FEES DUE: $ '5C) Pq 1 S'31 II Z �i BY: James F. King, President Board of Trustees • �o�gpFFa(�-CO Peter Young,Chairman Town Hall, 53095 Main Rd. Lauren Standish, Secretary P.O. Box 1179 Southold,NY 11971 Telephone(631)765-1892 Fax(631)765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., August 15, 2012 the following recommendation was made: Moved by John Stein, seconded by Doug Hardy, it was RESOLVED to NOT SUPPORT the Wetland Permit application of MIKE & ELLEN FEINBERG for the existing converted to pool house; cosmetic repairs, which include new patio door replacement and replacement of damaged deck boards; connect existing sanitary system to new expansion pool and new septic tank; and existing water line and vault relocated and connected to new dwelling. Located: 62445 North Rd., Greenport. SCTM#40-1-6 Inspected by: Jack McGreevy, William McDermott, John Stein The CAC does Not Support the application and recommends the pool house and deck are relocated 10-15' further landward from the coastal erosion line, no septic line and no cca treated lumber on the deck. Vote of Council: Ayes: All Motion Carried gUFFO�� lames F. King,President P.O.Box 1179 Rob Ghosio.Jr. Vice-President �ti� �Z� Southold.NY 11971 Dave Bergen Telephone(631 765-1892 John Rredemeyer d, ,y T Fax(63 1)765-6641 Michael .1. Domino '�y Southold Town Board of Trustees Field InspectionMorksession Report Date/Time: #a (�- / ,5� 7,01 Z-- Patricia C. Moore, Esq. on behalf of MIKE & ELLEN FEINBERG requests a Wetland Permit and Coastal Erosion Permit to convert the existing dwelling into a pool house; cosmetic repairs to existing structure which includes new patio door and replacement of damaged deck boards; connect existing sanitary to new expansion pool and new septic tank; and existing water line and vault relocated and connect to new house. Located: 62445 North Road, Greenport. SCTM# 40-1-6 Type of area to be impacted: _Saltwater Wetland _Freshwater Wetland _Sound _Bay ✓5'o v N Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: _Chapt.275 _Chapt. 111 _other Type of Application: _✓Wetland _Coastal Erosion _Amendment —Administrative—Emergency _Pre-Submission Violation Info needed: Q� �1I f-c— ) I N lye,) S l Modifications: Conditions: Present Were: � King Ghosio D. Bergen, _ud. Bredemeyer c--Michael Domino D. Dzenkowski other Form filled out in the field by Mailed/Faxed to: Date: TOWN OF SOUTHOLD OYFICL: OF BUILDING INSPUCTO7R TOWN HALL SOUTHOLD, NEW YORK CERTIFICATE OF OCCUPANCY NONCONFORMING PREAUSES No, Z12018 October 26, 1981 THIS IS TO CERTIFY that the 171 Land /%/ Building(s) F/ Use(s) located at 62445 North Road _ Greon ort 1 Street Hamlet �l4 t shown on County tax map as Vistrict 1000, Section 040 , Block,01 �`----- Lot 006 does(uot)c onform to the present Building Zone Code of the ����_ - I Town of Southold for the following reasons: L7 7_ --- �,.,, , •a... the property has insufficient area, the dwelling has insufficient setback from the bluff. On the basis of information presented to the Building Inspector's Office, it has been determined that the above nonconforming /A/Land /X/Building(a) I_l Use(s) existed on the effective date the present Building Zone Code of the Town of Southold, and may be continued pursuant to and -subject to the appli- cable provisions of said Code. PP IS FURTHER CERTIFIED that, based upon information presented to the Building Inspector's Office, the occupancy and use for which this Certifi- cate is issued is as follows: a private one-family dwelling. The Certificate is issued to RONALD W. SUPAENANT (owner, Maser or tenand of the aforesaid building. Suffolk County Department of Health Approval no record UNDERWRITERS CERTIFICATE NO. no record NOTICE IS HEREBY GIVEN that the owner of the above premises HAS NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec- tor to determine if the premises comply with all applicable codes and ordtn- ances, other than the Building Zone Code, and therefore, no such inspection has been conducted. This Certificate, therefore, does not, and is not intended to certify that the premises comply with all other applicable codes and regula- tions. 1 Ru lding ins ectbr TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. LLLLLLIIIIII u' jut U_ CERTIFICATE OF OCCUPANCY S011ih;'iplJ)O Wn� ruslePs No: Z-32379 Date: 0 Board of THIS CERTIFIES that the building DECK REPAIR Location of Property: 62445 CR 48 GREENPORT (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 40 Block 1 Lot 6 Subdivision Filed Map No. _ Lot No_ conforma substantially to the Application for Building Permit heretofore filed in this office dated MAY 7, 2007 pursuant to which Building Permit No. 33009-Z dated NAY 7, 2007 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is REPAIR EXISTING DECK ADDITION TO AN EXISTING SINGLE FAMILY DWELLIN AS APPLIED FOR. The certificate is issued to RONALD W SURPRENANT (OWNER) of the aforesaid building. SUFFOLK COUNTY D19PARTME TI' OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. N/A PLUMBERS CERTIFICA'T'ION DATED N/A U or' ed ignature Rev. 1/81 ��minia i— n� T y E I 2012, , pp A ilk fillY ' r M 1 1 �iY A 1 J '" 7aa �,� %f t6 Airiia$ - P✓i., (�� i �r WW �R _ -V F� � �=rl•�?� 1 � mak_ �—�7 7 �► . N y A r e r 4 g a CrL dol ,gyp s F • s R 5 J • s 1 � 1 Y�. e . i • James F. King,President ��OF soujyo Town Hall Annex Bob Ghosio,Jr.,Vice-President Ile P.O. Main Road P..O.O. Box 117979 Dave Bergen #[ * Southold,New York 11971-0959 John Bredemeyer G Q Michael J. Domino %2 Telephone(631) 765-1892 �YcoUN1Y, Fax(631)766-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD June 18, 2012 Patricia C. Moore, Esq. 51020 Main Rd. Southold, NY 11971 RE: MIKE & ELLEN FEINBERG 62445 NORTH RD., GREENPORT SCTM#40-1-6 Dear Ms. Moore: The Board of Trustees reviewed the survey prepared by John T. Metzger last dated May 25, 2012 and determined the proposed single-family dwelling to be out of the Wetland jurisdiction under Chapter 275 of the Town Wetland Code and Chapter 111 of the Town Code. Therefore, in accordance with the current Wetlands Code (Chapter 275)and the Coastal Erosion Hazard Area (Chapter 111) no permit is required. Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal and/or freshwater wetlands jurisdictional boundary or seaward of the coastal erosion hazard area as indicated above, or within 100' landward from the top of the bluff and/or wetlands jurisdictional boundary, without further authorization from the Southold Town Board of Trustees pursuant to Chapter 275 and/or Chapter 111 of the Town Code. It is your responsibility to ensure that all necessary best management practices are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction and Coastal Erosion Hazard Area, which may result from your project. This determination is not a determination from any other agency. If you have any further questions, please do not hesitate to call. Sincerely, James . King, Presiden� Board of Trustees JFK:Ims r i r J1 p \ 4 ~ ` s . }. < �- � �' t � AFr �r�, :: .,.. .. � is �� i, �. a ,.. _—L— �� ��. � � .� _. _ c_�.�-..... \ �P �^i i ���i" M 3�Yk:Ne+aN 1 _� � � .�.� ..._._. . _. . a s' �/ Mark&Ellen Feinberg .2445 North Road,Greenport A, t .r. �� _ osufFek James F.King,President P.O. Box 1179 Bob Ghosio,h.,Vice-President ? GZ Southold,NY 11971 Dave Bergen ti Telephone(631 765-1892 John Bredemeyer ,y Fax(63 1)765-6641 Michael J. Domino p !� �Yp! JOE Southold Town Board of Trustees Field InspectionMorksession Report Date/Time: ';i- SOA— Patricia C. Moore, Esq. on behalf of MARK & ELLEN FEINBERG requests a Letter of Non- Jurisdiction for the construction of a single-family dwelling; a confirmation letter to change the pavilion use to a pool house; and to remove the requirement of a drywell for the in-ground swimming pool. Located: 62445 North Rd., Greenport. SCTM#40-1-6 Type of area to be impacted: _Saltwater Wetland _Freshwater Wetland _Sound _Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: _Chapt.275 Chapt. 111 _other Type of Application: —Wetland _Coastal Erosion _Amendment _Administrative_Emergency Pre-Submission Violation Info needed: iii «f Modifications: Conditions: Present Were: J. King B. Ghosioergen, �J. Bredemeyer Michael Domino D. Dzenkowski other Form filled out in the field by Mailed/Faxed to: Date: Y� 6k r .� 1, 1 eJ 4 T N e ., H' I N � J _ `� 41 s. 4 TOWN OF SOUTHOLD -- OPFICE OF BUILDING INSPECTOR TOWN H:1LL SOUTIIOLD, NEP.' YOPK CERTIFICATE OF OCCUPANCY NONCONFORMING PREA•iISES No. 212018 October 26, 1963 THIS IS TO CERTIFY that the /_X/ Land /X/ Building(s) 1-1 Uses) located at 62445 North Road Greenport Street Hamlet shown on County tax map as District 1000, Section 040 , Block 01 Lot 006 , does(uot)conform to the present Building Zone Code of the Town of Southold for the following reasons: the property has insufficient area, the dwelling has insufficient setback from the bluff. On the basis of information presented to the Building Inspector's Office, it has been determined that the above nonconforming 5_1 Land /x/Building(s) F/Use(s) existed on the effective date the present Building Zone Code of the Town of Southold, and may be continued IAirsuant to and subject to the appli- cable provisions of said Code. IT IS FURTHER CERTIFIED that, based upon information presented to the Building Inspector's Office, the occupancy and use for which this Certifi- cate is issued is as follows: a private one-family dwelling. The Certificate is issued to RONALD W. SUMNANT (owner, teaser or Tenant) of the aforesaid building. Suffolk County Department of Health Approval no record UNDERWRITERS CERTIFICATE NO, no record NOTICE IS HEREBY GIVEN that the owner of the above premises HAS NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec- tor to determine if the premises comply with all applicable codes and ordin- ances, other than the Building Zone Code, and therefore, no such inspection has been conducted. This Certificate, therefore, does not, and is not intended to certify that the premises comply with all other applicable codes and regula- tions. Building ins actor TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-32379 Date: 05 31 07 THIS CERTIFIES that the building DECK REPAIR Location of Property: 62445 CR 48 GREANPORT (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 40 Block 1 Lot 6 _ Subdivision Filed Map No. _ Lot No_ conforms substantially to the Application for Building Permit heretofore filed in this office dated , MAY 7, 2007 pursuant to which Building Permit No. 33009-Z dated MAY 7, 2007 was issued, and conforms to all Of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is REPAIR EXISTING DECK ADDITION TO AN EXISTING SINGLE FAMILY DWELLIN AS APPLIED FOR. The certificate is issued to RONALD W SURPRENANT (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A u or' ed ignature Rev. 1/81 0 0 81 Board of Trustees August 24,2011 TRUSTEE KING: It's actually about 20 feet seaward of the first plan, because you turn the float sideways. MS. MOORE: I would agree that-- TRUSTEE DOHERTY: If we have a discussion we have to open up the public hearing again. MS. MOORE: That's up to you. I'm going to have it redrawn. TRUSTEE DOHERTY: That's fine. MS. MOORE: That way it will make more sense, too; we'll have accurate measurements. TRUSTEE DOHERTY: Okay. TRUSTEE KING: Number 23, Patricia Moore, Patricia C. Moore, Esq., on behalf of MIKE & ELLEN FEINBERG requests a Wetland Permit to construct a swimming pool landward of the existing dwelling and repair the existing beach stairs and wood deck at the top of the bank. Located: 62445 North Rd., Greenport. This is an application for A swimming pool and repair some stairs. It was found consistent with LWRP with the recommendation to locate the pool drywell to the landward side of the proposed pool. And the CAC resolved to support the application to construct the swimming pool landward of existing dwelling area, repair existing beach stairs and wood deck. The CAC also wanted to see the drywell installed landward of the pool. And they also observed an existing shed that is not depicted on the survey. MS. MOORE: The shed is being relocated to the front yard. That's why. Out of your jurisdiction. It's right now in the place where, about where the pool is, so. If I remember correctly. TRUSTEE KING: Is there anyone here to speak on behalf of or against this application? MS. MOORE: Patricia Moore on behalf of Mr. and Mrs. Feinberg. This is the Supernen (sic) property. I'm sure many of you remember, it's very unique, it's built out of driftwood. Most of it is driftwood. My clients want to try and maintain as much of the integrity of the stairs that have the handles made out of driftwood, and this house also has driftwood parts as well. That's all part of the application. We did have a surprise though with respect to the existing septic system. Supernen had installed the septic system, a new septic system, prior to his sale of the property, and we made the condition of our purchase making sure the Health Department had approved it and everything was in place. As it turns out, the surveyor placed it on the survey somewhat inaccurately, and I have a new survey for you that shows what we think is the correct location of the septic system. We, because the septic system, and I don't have that many prints, I apologize, you can see the septic system is actually further from the top of the bluff, which is good. It's more landward, but it is also more centered on the property. It's further to the east. It makes us have to shift the location of the pool now because it's right dead center of the area where the pool is going to go. So what we have proposed is repositioning of the pool. The pool is actually more landward 0 0 82 Board of Trustees August 24,2011 of our original proposal. It's at 80 feet now rather than 75. And we have it right now showing 20 feet from the property line. We may be as close as 15 from the property line, but your important measurement is from the top of the bank. So 80 feet from the top of the bank. My client proposes a patio around it but we don't have the design of the patio. I just filled in, inside the fenced area patio. I apologize. We just learned of the septic system's location yesterday and had to scramble to redesign everything. TRUSTEE DOHERTY: Pat, sorry, how many feet from top of the bluff? MS. MOORE: See the measurement at the top. John Metzger put 80. TRUSTEE DOHERTY: Thank you. MS. MOORE: So the project is actually further away from the top of the bank. Although favorable, you know-- TRUSTEE KING: The recommendation was made to move the pool drywell landward of the pool also. MS. MOORE: That's fine. We can do that. TRUSTEE DOHERTY: Gets that out of our jurisdiction. MS. MOORE: It's kind of close. It will be like 90, maybe. No, actually it's out of your jurisdiction. Okay. TRUSTEE KING: Some areas of these steps will be repaired and some areas will be replaced? MS. MOORE: Yes. Well, I mean the condition of them are 1 think, depending on storm damage, the longer it takes to repair them, the more likely to replace them. But inkind inplace, so. TRUSTEE BERGEN: I have a concern about the, I'll call it the more seaward wood deck. In other words, there is a covered wood deck right adjacent to the house. There is this other wood deck, seaward wood deck. And, you know, obviously this Board has had considerable discussions over the last year about wood decks either cantilevered out over the bluff or even adjacent to the top of the bluff. And myself, personally, I think the code is pretty clear that you can't have wood decks cantilevered or over the bluffs. So for myself, personally, I would like to see that forward wood deck removed and have the stairs come up then to meet with the covered wood deck. MS. MOORE: Well, that particular deck is actually in pretty good condition. TRUSTEE BERGEN: But once it's permitted, it will be repair and maintain. MS. MOORE: Yes, but this has a pre-CO and, I mean my client bought this--well, I'll leave it to you, but. TRUSTEE BERGEN: I'm just expressing my concern and if the majority of the Board disagrees with me. TRUSTEE KING: It's a valid concern. We go round and round with these decks all the time. MS. MOORE: I appreciate your concerns but I think generally you recognize, this is not a large structure. It's pretty conservative. TRUSTEE BERGEN: I hear what you are saying but it's still the fact it's a cantilevered deck over the bluff, in the coastal 0 0 83 Board of Trustees August 24, 2011 erosion hazard area. That's just my own personal feeling. MS. HULSE: Well, it is the code as well. TRUSTEE BERGEN: I just would like to see, I don't have a problem with that deck that is immediately or really attached to the structure, to the house, remaining, because that is attached. But this one, the small deck in front I would recommend that not be included or permitted. TRUSTEE KING: What if we downsized it to 4x8? TRUSTEE BERGEN: What Jim is just saying is if it is downsized to 4x8 then it meets the code of 32 square foot. So that would meet code. MS. MOORE: Measuring wise, I'm trying to think-- it's about half its size. I don't have the dimensions here. The stairs are about three feet width, aren't they? TRUSTEE GHOSIO: The plan shows four feet. MS. MOORE: Sorry, the scale here is not very good. TRUSTEE DOHERTY: You can reshape that where it would architecturally fit into the other deck. � 4-C415' TRUSTEE GHOSIO: Basically a 4x8 you'll basically be extending it from the covered deck to the top of the stairs. That's all you would be doing. It's not really a deck, it's now just a walkway. MS. MOORE: I think there has to be some compromise when you are dealing with pre-existing structures. This has such a unique structure. It has really such character, to start cutting it back, it's all part of the, I mean it's an 1880 structure he's reminding me, so-- MR. FEINBERG: I'm Mike Feinberg, the owner. That little deck portion we are talking about is very small. It just has two little Adirondack chairs. And that is actually what made me make the crazy decision to buy this thing, was sitting there looking at the water. And every time something comes up that makes me think maybe I should just bale on this thing, we have to go there and sit and just reconfirm in our minds that this was a good idea. I didn't think that was going to be the big deal. The issue with the stairs is that the bottom, the bottom portion of the stairs, the bottom set of stairs, I guess, is incredibly steep. And the bottom, the last three steps were kind of washed away. And I just wanted to shore that up. I have grandkids running up and down. I just wanted to make sure that was shored up and a little bit easier to maneuver. And that's basically it. MS. MOORE: It has some cultural significance, the structure, is 1880. Think about it in those terms, so. MS. FEINBERG: Ellen Feinberg. Those two Adirondack chairs were also put in, in the Fall. And it's very, it's built very well, because those two chairs did not move, nothing moved over the whole winter with all the bad storms and everything. It's really sturdy, I mean it's really, really in good shape. Considering it was built so long ago. TRUSTEE DOHERTY: I don't have a problem with keeping it the way it is because it's been there for a long time, it's attached to the other deck. We approved a deck just like this tonight, on 0 0 84 Board of Trustees August 24, 2011 another application. It's something that has been there for years. In fact it was right up, on Fishers Island, it was right up to it. And I just, it's part of this whole structure and it's been there for years and I don't have of a problem with approving it the way it is. That's just my opinion. TRUSTEE BERGEN: That's why I differentiated this smaller deck from the larger covered wood deck that is attached to the, we'll call it the house. That is what I would equate to what you, the permit application we had granted earlier tonight. Again, it's just my opinion. TRUSTEE BREDEMEYER: If it's less than 200 square feet, it's not attached -- TRUSTEE DOHERTY: It's exempt from coastal erosion. TRUSTEE BREDEMEYER: And it's exempt from coastal erosion, and if it's not part of the stairs, why is it not permitted? TRUSTEE BERGEN: As Lori said, it's not permitted under 275. MS. MOORE: But that is a new structure. This is an existing since the 1800's. TRUSTEE BERGEN: But you are asking us to permit it in. So when you permit something in, you are permitting it in according to the code today, not the code back then. MS. MOORE: But you do recognize that, every night that you meet, you recognize pre-existing structures and the validity of having --you have more disruption to the bluff by removing it and cutting it back than -- in this case they don't even have to touch it. That was not part of the planned renovations here. So I think we cause more damage-- TRUSTEE GHOSIO: I made this argument in the past and I'll say it again,just for the record. That I agree with you. I mean when we had these occasions where these pre-existing decks on the top of the bluffs come up, they have been there for years, I don't see the point in taking them away. But I do understand Lori's point that the code doesn't allow for it. But that being said, I don't have a problem with it. TRUSTEE DOHERTY: I think we need to move on from this. MS. MOORE: I don't read the code to say they are not permitted. So, that's -- TRUSTEE KING: Does anybody else have any comments to make? (No response). I'll make a motion to close the hearing. TRUSTEE GHOSIO: Second. TRUSTEE DOHERTY: All in favor? (ALL AYES). TRUSTEE KING: I'll make a motion to approve the application to the amended plan, and we'll see the drywell for the pool moved landward of the pool, on the landward side. TRUSTEE BREDEMEYER: Second. TRUSTEE KING: And it was found consistent. TRUSTEE DOHERTY: Any further discussion on the motion? (No response). All in favor? 0 ss Board of Trustees August 24,2011 (Trustee Doherty, aye. Trustee Ghosio, aye. Trustee King, aye. Trustee Bredemeyer, aye)(Trustee Bergen, nay). TRUSTEE BERGEN: Nay. TRUSTEE DOHERTY: I'll make a motion to adjourn. TRUSTEE GHOSIO: Second. TRUSTEE DOHERTY: All in favor? (ALL AYES). Respectfully submitted by, Jill M. Doherty, President Board of Trustees _ —__— ..,..� __•__ —.�,.—�__ '^' u gym m _'__' 38 ». m°a. s f �'�� � z�� �`� ��p er �r � ��m•a�a OF GP J`��GE zoR=I e9 � O� 21 wvxwwr O � SF 5� �°rwrsv . O •,m an i, O � xoxix E� u iWq -�W9 eN O N 5o'y Wel •4 ,.v ie d " .' ,�raa. .ww we m. nwo : TOWN OF SOUTHOLO searcyxo. o s°Faa.xom u. .6 v sex. �...m..-- VILLAGE OF GREENPORT SUFFOLK © e ¢cmxxR Sarvlce RgerKy e p..__ n __. .v '_ ___— ...._ __•__ �_��—_�__ ._gym _ .o �e OFFICE LOCATION: �� souryolo MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 # Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY 11971 G Q Telephone: 631 785-1938 Fax: 831785-3136 Mum LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM ;I To: Jim King, President Town of Southold Board of Trustees j AUG From: Mark Terry, Principal Planner LWRP Coordinator Date: August 16, 2012 Re: Proposed Wetland Permit for MIKE & ELLEN FEINBERG SCTM#1000-40-1-6 Patricia C. Moore, Esq. on behalf of MIKE & ELLEN FEINBERG requests a Wetland Permit and Coastal Erosion Permit to convert the existing dwelling into a pool house; cosmetic repairs to existing structure which includes new patio door and replacement of damaged deck boards; connect existing sanitary to new expansion pool and new septic tank; and existing water line and vault relocated and connect to new house. Located: 62445 North Road, Greenport. SCTM#40-1-6 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 Office Use only V lg Coastal Erosion Permit Application i Wetland Permit Application Administrative Permit In J J L 2 1 2012 _Amendment/Transfe /Exte sion !" A Received Application:�— a. ,Received Fee: ) S0uthho4l Town _Completed Application BmM of Trost-es _Incomplete -- _SEQRA Classification: Type( Type 11Unlisted _Coordination:(date sent) �OLWRP Consistency Assessment Form 3 / o�CAC Referral Sent: /d, Date of Inspection: / _Receipt of CAC Report: _Lead Agency Determination: _Technical Review: _Public Hearing Held: Resolution: Name of Applicant Address 4;2 Goon 4,1 yFj 7 Z/V Phone Number:( Suffolk County Tax Map Number: 1000 - �© �c Property Location: 2 Ll L-/ (provide LIL O Pole#, distance to cross streets, and location) AGENT: Ak'6-6 c-v cl M4/ 1 01`2. (If applicable) _ c / Address: ✓ �0Za Q"A OCP C/' ESr9 /� �(✓ /L f // 7��Phone: 7Co S' `/ 3 3 CD Pard of Trustees Application GENERAL DATA Land Area(in square feet): 7/! 9'17— Area 'fZArea Zoning: & * n�1 Previous use of property: L-�lSIZ�1G ��UGV£Ul11Q cr w/ �� Intended use of property: ['n�y�,Y¢- lS (i Owl, TD Abol 0y//nail-� /unrnk-na ncv hGpglr � c%ck,4C-onec1 �x � r ho • Covenants and Restrictllons: Yes �( No If"Yes", please provide copy. Does this project require a variance from the Zoning Board of Appeals Yes xC No If"Yes", please provide copy of decision. Will this project require any demolition as per Town Code or as determined by the Building Dept. Yes k No Does the structure (s) on property have a valid Certificate of Occupancy Yes No Prior permits/approvals for site improvements: Agency Date 76,/8 t";ol 4Z nio No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: Project Description (use attachments if necessary): LAG/5 �i aYC��/nil' e 1�lfGl7�G ® aU se /9OD a S ctu�n /hc Z;sS Ffr �i1` n V lSl S�WCAUr� C1'Qi111(,IQAtCc,�.✓�t� .aI'i(kW� >1v L�YPJ;0lOA)167oo/k4te,/ dee ��5fif'� WtuICGV' li f7.? uv�ca ✓Gt-ct.L�{' lY,(ocC+.lrc� GOri���- /ll /Gi6v lLdN� I Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: �drt SlL1ic iLC c�> fln U d-e JU/?sd kk erl�fUnc S! }r Zx Ly M / 900 s zzs /a/10/ hresPe' I 1 77/LLP PSC/5 fYIfG S/in�� AcG 5 02!4ti-2 Area of wetlands on lot: 1"J�l cl square feet Percent coverage of lot: Closest distance between nearest existing structure and upland edge of wetlands: OXY I cV feet q 5 W f(� Closest distancebetween nearest proposed structure and upland edge of wetlands: Scxwv o feet Does the project involve excavation or filling? No X Yes If yes, how much material will be excavated? rvu.a cubic yards How much material will be filled? o cubic yards Depth of which material will be removed or deposited: 510-& JF�feet Proposed slope throughout the area of operations: I Manner in which material will be removed or deposited: "cmc( Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): V�Ot�1Z — �CvnGtt.uct,cd o'I 9—�[ �S(-vYtG S���t�Jrea 0 Board of Trustees Application COASTAL EROSION APPLICATION DATA e,,Nk cc,k—cA� � aJn cl Purposes of proposed activity: C,=-K ve j2 >j rs� Caw e�Q�u +0 R o o A G C)U Se : mas- Are wetlands present within 100 feet of the proposed activity? No X Yes T'T -.� 3<U � Does the project involve excavation or filling? X No Yes If Yes, how much material will be excavated?�(cubic yards) How much material will be filled? (cubic yards) Manner in which material will be removed or deposited: Describe the nature and extent of the environmental impacts to the subject property or neighboring properties reasonably anticipated resulting from implementation of the project as proposed, including erosion increase or adverse effects on natural protective features. (Use attachments if necessary) \SkIM!, 1 dW� v l Com'\ c� u�L no I uwnv cam- o wlamds Roo s +o rtscl• �T `-�-C.Q-re�afc •-ter ��F-c�i•\) c�•w•elu.-�-�a 1�tres� he A--o a house ll 5{wires hAN2 per ' C0 and C p . PROJECT ID NUMBER 617.20 SEAR APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1 -PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1.APPLICANT/SPONSOR 2.PROJECT NAME fee n- r F- rube. I h o t o e 3.PROJECT LOCATION: �Z y 4S N�t-ti R«A Municipality County 4. PRECISE LOCATION: Street A ess and Road Intersections. Prominent landmarks etc -or Drovide mao S.IS PROPOSED ACTION: ❑ New ❑Expansion ®Modification/alteration �V2 vs lo,�l -fc, l ►l0tA4C 6. DESCRIBE PROJECT BRIEFLY: G crv.Ale�r+ �� sE�c�tcM, (Pyl 'cx.<s�-t:,-r�� 7.AMOUNT OF ND AFFECTED: Li Initially r acres Ultimately •.,./ acres B.WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? U]Yes 0 No If no,describe briefly: t99..WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) ly I Residential r Industrial �Commercial Agriculture Park/Forest/Open Space FlOther (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) Yes NNo If yes, list agency name and permit / approval: - 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? �✓' IYes 0N If yes, list agency name and permit / approval: 1l-.�,S A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? N.s No 1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Spons r' lame Date: Signature `✓-yZ- If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR,PART 617A? If yes,coordinate the review process and use the FULL FAF. ❑Yes a No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6? If No,a negative declaration may be superseded by another involved agency. El Yes I✓ No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten,if legible) C1. Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic pattern,solid waste production or disposal, potential for emsion,drainage or flooding problems? Explain briefly: C2. Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources;or community or neighborhood character?Explain briefly: C3. Vegetation or fauna,fish,shellfish or wildlife 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,short tens,cumulative,or other effects not identified in C1-05? 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 CRITICAL ENVIRONMENTAL AREA(CEA)? If yes,explain briefly: El Yes ❑✓ No L I E. IS THERE,OR IS THERE LIKELY TO BE CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If yes explain: Yes 0 No PART III-DETERMINATION OF SIGNIFICANCE(To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant. Each effect should be assessed in connection with its(a)setting(i.e.urban or rural);(b)probability of occurring;(c)duration;(d)irreversibility;(e) geographic scope;and(f)magnitude. If necessary,add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes,the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box It you have identified one or more potentially large or significant adverse impactswhich MAY occur.Then proceed directly to the FULL EAF and/or prepare a positive declaration. Check this box if you have determined,based on the information and analysis above and any supporting documentation,that the proposed actio WILL NOT result in any significant adverse environmental imparts AND provide, on attachments as necessary, the reasons supporting thi determination. Board of Trustees p tfy(f /p Z© /Z- Name LName of Lead Agency ... Date J l�Nd (E� F 'I"Al Z President p Print or Type Name of Responsible Officer"Ledency Title of Responsible Officer S' ature of Responsible Officer in Lead ApIlb, Signature of Preparer(If different from responsible officer) o � r wn of Southold y � Erosion, Sedimentation & Storm-Water Run-off ASSESSMENT FOAM bl PROPERTY LOCATION: s.c.T.M.a: THE FOLLOWING ACTIONS MAY REQUIRE THE SUBMISSION OF A ' ' -/C, STORM -WATER GRApING,DRAINAGE ANp EROSION CONTROL PL4N District section Block Lot CERTIFIED EY A DESIGN PROFESSIONAL IN THE STATE OF NEW i Itehl Number: (NOTE: A Check Mark(4)for each Question is Required for a Complete Application) Yes No -- - --- - ------- --------------------- ------------- ---- 1 Will this Project Retain All Storm-Wafer Run-Off Generated by a Two(2")Inch Rainfall on Site? ✓ El item will include all run-of created by site clearing and/or construction activities as well as all Site Improvements and the permanent creation of impervious surfaces.) 2 Does the Site Plan and/or Survey Show All Proposed Drainage Structures Indicating Size&Location? / ❑ This Item shall include all Proposed Grade Changes and Slopes Controlling Surface WaterFlow! tL 3 Will this Project Require any Land Filling, Grading or Excavation where there is a change to the Natural ❑ Existing Grade Involving more than 200 Cubic Yards of Material within any Parcel? _ 4 Will this Application Require Land Disturbing Activities Encompassing an Area in Excess of ❑ Five Thousand (5,000)Square Feel of Ground Sudace? 5 Is there a Natural Water Course Running through the Site? R Is this Project within the Trustees jurisdiction or within One Hundred(100')feel of a Welland or Beach? — 6 Will there he Site preparation on Existing Grade Slopes which Exceed Fifteen(15) feel Of Vertical Rise to One Hundred (100')of Horizontal Distance? 7 Will Driveways, Parking Areas or other Impervious Surfaces be Sloped to Direct Storm-Water Run-Off into and/or in the direction of a Town nghl-of-way? El 8 Will this Project Require the Placement of Material, Removal of Vegetation and/or the Construction of any tlem Within the Town Right-of-Way or Road Shoulder Area? (This item will NOT include the Installation of Driveway Aprons.) 9 Will Ihis Proiect Require Site Preparation within the One Hundred(100)Year Floodplain of any C" Watercourse? L-`A,tSh,�xs� -`>shwc.a'urp �'Yv,�:.-(-1- t`t 3c, - lac c Qrlsnc.ctr'I'w d-A .roc NOTE: If Any Answer to Questions One through Nine is Answered with a Check Mark in the BJx,�t VVV is Storm-Water, Grading, Drainage&Erosion Control Plan Is Required and Must be Submitted for Review Prior to Issuance of Any Building Permit! --- --- - -- -- ---------------- ----- - -- - -- -- ------------ EXEMPTION: _ __ __ __________EXEMPTION: Yes No Does this project meet the minimum standards for classification as an Agricultural Project? Note: If You Answered Yes to this Question,a Storm-Water,Grading,Drainage&Erosion Control Plan is NOT Required] -- - - ------- - - -- - ------- - -- - - ---- - ---- --- STATE -- - - -- - ------- - -- - - ---- - --- STATE Oh NC«r YORK, c COUNTY OF ............... SS That I ...... cc,"ci �__.. ''� 0?C, being duly sworn, deposes:md says (hilt be/shr�is the appfic:oil for Permit, (I larne or indi,idnal iq,ing DQCnrreW) And Lha/ he/she is the - ---- M^-^.'"'� _........... . . ........ ...._........ __ J(Owner,Contractor,Agent,Corporate officer,etc) Owner and/or representative of the Owner of Owner's, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are we to the best of his knowledge and belief;and dial die work will be performed in die. manner set forth in the application filed herewith. Sworn to before tie this; +)...... 1 day of.. l:. y .......... .. . 20.1.:11 ' 1 .. Notary Public: L hMa PUbft State of York- 'BETSYA / f (signature of Applicant) FORM - 06/07 No.01PE6130WO Qualifled in Suffolk CO ' 4 Commilselon Expires Juh►18. ��' PATRICIA C. MOORE, ATTORNEY4AWjf11UU(.L® 51020 Main Road lei Southold, NY 11971 LETTER (631) 765-4330 Date email: pcmoore@mooreattys.com — ✓11 --cc-����--�� �1 To IS..1cG .... _.. Subject SoethWd Town > IOTN T_.. �Y r 1.1'i'..� L� �J....ks Peard of Trustees .... ......... ... ......SIGNED ❑ Please reply ElNo reply necessary BOARD OF TRUSTEES TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF MIKE & ELLEN FEINBERG MAILING Applicant's Land Identified as 1000-40-1-6 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Betsy Perkins, residing at Mattituck, New York, being duly sworn, depose and say that: On the day of August, 2012, 1 personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to the neighbors on the attached list. Attached hereto is the white receipt post-marked by the Southold Post Office on said date. A AL� e er ins Signatur -rN Sworn to before me this day of August, 2012 ( otary P006RET C. RUTKOWSKI Notary Public, State of New York No. 4982528 Qualified in Suffolk County Commission Expires June 3, O/S 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. FEINBERG NEIGHBOR LIST SCTM: 1000-40-1-6 Kimon Retzos PO Box 263 Southold NY 11971 sctm: 1000-40-1-5 Thomas Zoitas 21-16 31'Ave., Suite 1 Long Island City NY 11106 sctm: 1000-40-1-7 Village of Greenport 236 Third Street Greenport NY 11944 sctm: 1001-1-1 RECEIPT RECEIPT RECEIPT 7192 6463 3110 0001 2785 7192 6463 3110 0001 2792 7192 6,t63 3110 0001 2778 FROM: FROM: F ROM: MOORE LAW OFFICE MOORE LAW OFFICE MOORE LAW OFFICE RE:FEINBERG TRUSTEES RE'.FEINBERG TRUSTEES RE.FEINBERG TRUSTEES U4 w SEND , SE "T�, 9 S ND TO: F Tho as Zones Vi�I?geor Greenport i 21-6 31 sl Ave.,Suite 1 236 Third Street Kimon Retzes Log Island Ctty NY 1110612 Greenport NY 11944 PO B. 263 - S Y outhold NY 11971 FEES: FEES Postage 4 Postage FEES: Certified Fee '295 Cenifled Fee :.'.5�2 9455 Postage 045235 Return Receipt 2.35 Return Receipt R Candied Fee 2. Restricted Restricted Retuturnn 95 Receipt 2.35 Restricted TOTAL $5.75 TOTAL $5.75 TOTAL $5.75 POSTMARK OR DATE POSTMARK OR DATE POSTMARK OR DATE • 0 bard of Trustees Application AUTHORIZATION (where the applicant is not the owner) I, /ytr �r �Ch fPanGr�y�r residing at /&/if A Le (print owner of property) (mailing address) /^^^^r l ern GSC, IVY do hereby authorize 9 (Agent) l b,r taa C_ to apply for permit(s) from the Southold Board of Town T s on my behalf Owner' s i Lure 0 0 Board of Trustees Application County of Suffolk State of New York / u 4, u, C &dD, Zft BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THEAPPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Signature SWORN TO BEFORE ME THIS. DAY OF 20 ?<4otary Vublic MARGARET C. RUTKOWSKI Notary Public, State of New York No. 4982528 Qualified in Suffolk County, commission Expires June 3, �o%� • • Board of Trustees Application County of Suffolk State of New York BEING DULY SWORN DEPOSES AND AFFIRN6 THAT HE/S'AE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S)OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE ''ll PREMISES IN CONJUNCTION WITH REVIEW OF TH PPLICATION� Sig r7 tur SWORN TO BEFORE ME THIS DAY OF J 20 Ivl 'No2taryPubli PERKRA Notary Public,State of Now York No.01PE6130636 Qualified in Suffolk ry ur� r ? Commission Expires Ju 18, J APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits-c9affigU of interest on tbp ..ofi n officers and-cmillam.The puroose of this form is to provide mformadon which can alert the town of possible 2onflicts of interest and allow it take whatever action necessary to avoid same. � c� YOUR NAME: Ivy.'�'tV-e --I5 �.(Cn A N,b21'ct J� <w C 0�O 6T (Last name,first time,middle initial,unless youp yl�ingin the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other",name the activity.) Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest"Business interest"means a business, including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than ,5%of the shares. YES NO 7�, If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation); _C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this 200 Signature Pn Form TS 1 C C _ h Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS I. All applicants for permits* including Town of Southold agencies,shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C,the preparer of this form should review the exempt minor action list,policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus,the action should be analyzed in more detail and, if necessary,modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net),the Board of Trustees Office,the Planning Department,all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM#1000-40-1-6 (Feinberg- existing structures with C.O's including"dwelling" to be used as Pool House; existing damaged deck boards to be replaced) (gvnrcr iNv rvw) 4o vim= AGENT: Patricia C. Moore Esq. lr`o'^"` 51020 Main Road, Southold NY 11971 631-765-4330 The Application has been submitted to (check appropriate response): Town Board ❑ Planning Dept. ❑ Building Dept. ❑ Board of Trustees X 1 Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) ❑ (b) Financial assistance (e.g. grant, loan, subsidy) ❑ (c) Permit, approval, license, certification: ❑ Type: Trustees Permit Town of Southold LWRP Consistency Assessment Form ] Nature and extent of action: no structural changes- existing dwelling converted to Pool House all in accordance with plans prepared by Angel Chorno dated 5-23-12 Location of action:62445 North Road, Greenport Site acreage: 51,942sq.ft. Present land use: residential Present zoning classification: R-40 2. 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:Mike & Ellen Feinberg (b) Mailing address: 1814 Yale Road, Merrick, NY 11566 (c) Telephone number: (_) c/o Pat Moore 765-4330 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No X If yes, which state or federal agency: DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section 111- Policies; Page 2 for evaluation criteria. Yes X No ❑ Not Applicable ❑ Discussion (if appropriate): The existing residence and decking origtinally constructed prior to zoning & wetland regulations Owner intends to preserve structure which is unique and built with drift wood. Platform of house needs repair- deck boards will be replaced, as needed. Co nncc-t Ups e-c se.n'4rv" s y Sn�iv r'Y'-r D ht7ttsf. , 49ns �#-, ¢nc G.ri.o�en I I'c."ri K 11-T• V tom' r neo �etc,cu e'L a�+c1 C or�nec Policy 2. Protect-andpreswe hist a d archaeological resources of the n �wX Town of Southold See LWRP Section III- Policies Pages 3 through 6 for evaluation criteria Yes ❑ No ❑ Not Applicable X Discussion (if appropriate): The site is not identified as area of archeological sensitivity or on the National Register on the map produced by NYS Dept. Of State, Division of Coastal Resources. Town of Southold LWRP Consistency Assessment Form 2 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 X No ❑ Not Applicable ❑ Discussion (if appropriate): The owner is maintaining existing structures 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 X No ❑ Not Applicable ❑ Discussion (if appropriate): The existing structure will be converted to a pool house deck boards need repairs• -R'pPs f-;!, be c ay%nec+cd -�-v nem,:. hou se- 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 X Discussion (ifappropriate):A conforming sanitary system was installed by the prior owners years ago and remains. 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 X No ❑ Not Applicable ❑ Discussion (if appropriate): The site is adjacent to Long Island Sound The roperty was developed with a dwelling. The existing dwelling will become a pool house Policy 7 Protect and improve air quality in the Town of Southold. See LWRP Section III- Policies Pages 32 through 34 for evaluation criteria. See Section III- Policies Pages; 34 through 38 for evaluation criteria. Yes ❑ No ❑ Not Applicable X Discussion (if appropriate):No impact is anticipated to air quality Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III-Policies; Pages 34 through 38 for evaluation criteria. Yes X No ❑ Not Applicable ❑ Discussion (if appropriate): sanitary is conforming to HD regulations PUBLIC COAST POLICIES Town of Southold LWRP Consistency Assessment Form 3 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 111- Policies; Pages 38 through 46 for evaluation criteria. Yes X No ❑ Not Applicable X Discussion (if appropriate):The parcel is private, however, access along the beach is open to the public WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section 111-Policies; Pages 47 through 56 for evaluation criteria. Yes X No ❑ Not Applicable ❑ Discussion (if appropriate): Residential Homes along the water are therp imary use in the Town of Southold. 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 X No ❑ Not Applicable ❑ Discussion (if appropriate): The structure was constructed in 1930's all the regulatory agencies control the project to prevent degredation of the environment 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 X Discussion (if appropriate): The area is not a designated agricultural district The neighborhood consist of single family homes on existing parcels Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III-Policies; Pages 65 through 68 for evaluation criteria. Yes X No ❑ Not Applicable ❑ Discussion (if appropriate):Residential development is a recognized permitted and encouraged use in the Town of Southold *copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 4 Office Use Only `�. Coastal Erosion Permit Application r, X Welland Permit Application Administrative Permit D —Amendment/Transfer/Extension Sion Received Application: 7 d RompletedAp JUL - 5 2012 Completed Application )Lf to _Incomplete _SEQRA Classification: squt 7' j Town Type I Type ll Unlisted Board nt Truslees Coordination:(date sent) "- YLWRP Consistency Assessment Form 'l3'j_� CAC Referral Sent: 'i _ Date of Inspection: /al _Receipt of CAC Report: _Lead Agency Determination: _Technical Review: _Public Hearing Held: Resolution: Name of Applicant Mi k-t ¢ t` 1e-n e tyt►�t ✓G Address U 2 LI Lt S Nart+n 1�pctc� , �� r P4nn r�C�yt7 (vy . ) (g(-1 ( Phone Number:( ) 5-1 (o Suffolk County Tax Map Number: 1000 - yr7 -- Property Location: ( 2 '- L1 (provide LILCO Pole#, distance to cross streets, and location) AGENT: pace fYc"C' (If applicable) //// c J Address: ATI02 C? / � a irl / cacl" 7D/0/ 7/ Phone: 7�f�330 Board of Trustees Application GENERAL DATA Land Area(in square feet): 2. Area Zoning: 9- yo Previous use of property: �5 ,X' eoaSe -f- DaeJo.- Intended use of property: C d�S1 Phi .,o ast to fJJcn hOyu dj'�ivamf' 't Covenants and Restrictions: Yes X No If"Yes", please provide copy. Does this project require a variance from the Zoning Board of Appeals Yes X No If"Yes", please provide copy of decision. Will this project require any demolition as per Town Code or as determined by the Building Dept. Yes X No Does the structure (s) on property have a valid Certificate of Occupancy Yes No Prior permits/approvals for site improvements: Agency Date /7/4/a s�ool� sfltiiz �/.�-cam �/a0�� AUX o20/Z No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? _No Yes If yes, provide explanation: Project Description (use attachments if necessary): l�cd us ``/�a�/Hvyx iw a"mLla-",- )-t/-X Dans c4TzJ,5--23-�Z Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: 1r-Pa tr �x J l_� L aA d ec yK vn hci5 Pyre- cc, mett 0 C, ) o17S- 4 b-xer�•�ei- �cFio,J - yvcn�aJee` 11�Ctb{Z rtn dc> >r' w, A, A-_W P.},n d-a,r duscA �e AS " Pool kou k �' c>3 ry c3ct ale w v .. 5c r✓-« p r_e f n, ��23/OZ Sc n.�.-�{or ctczR— Area of wetlands on lot: square feet �,�`1 Ma MA 31 Percent coverage of lot: Z % Closest distance between nearest existing structure and upland edge of wetlands: a 0r> fm cr+ Closest distance between nearest proposed structure and upland edge of wetlands: SU Yy�_ feet ( No C,Aom J c) Does the project involve excavation or filling? No Yes If yes, how much material will be excavated? i cubic yards How much material will be filled? / cubic yards Depth of which material will be removed or deposited: feet Proposed slope throughout the area of operations:_ N o cAk ticse Manner in which material will be removed or deposited: A C4-e-.o-xr Nip(a coAWV_ fr' W eGc, O o Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): n Board of Trustees Application COASTAL EROSION APPLICATION DATA eA, �s A-C-chc- aM d Purposes of proposed activity: C.e K yj'r1•- ,Q a iso c n Caw o (pool " �XX�N(Bj +_6 S`M C)m ) QS Baud Are wetlands present within 100 feet of the proposed activity? No X Yes TcT -� 3 WJfF- Does the project involve excavation or filling? X No Yes If Yes, how much material will be excavated? (cubic yards) How much material will be filled? / (cubic yards) Manner in which material will be removed or deposited: ccm,A o-Y SY\c,Q Pq U, VJ rm4kt Describe the nature and extent of the environmental impacts to the subject property or neighboring properties reasonably anticipated resulting from implementation of the project as proposed, including erosion increase or adverse effects on natural protective features. (Use attachments if necessary) t VV :c, — 2 1 J cls-mo w c��. c1....�,lL •_ rb I �cs..e� �4-o w�-1 o.,�d s 0k,&.d u na k yzr-t t V\, e f�ICJu-1 1-��s-ua-� -4-d � c c�-r�sAVvcMc� �I��. �'l nlor` �U✓tsc�• ��-v��4) Gc�,��rPrird +o ctcof house Allcc �res �nG�UC pre. • C c and �' D • PROJECT ID NUMBER 617.20 SEQRAPPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1 -PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1.APPLICANT/SPONSOR 2.PROJECT NAME fee wt;le� F'eA rube 3.PROJECT LOCATION: p ('� �Z L44S_ NzJ t-ti tcoo1 c— Municipality County 4. PRECISE LOCATION: Street A ess and Road Intersections. Prominent/�landm�arks etc -or provide map (P-zq q S Nc '_t+� ��cto� 1 lsreQT QTY 5. IS PROPOSED ACTION: El New Expansion ®Modification/alteration � � �t� i-r.� i ►)OSP-e 6 DESCRIBE PROJECT BRIEFLY: / Lamer+ `'t n4 SM�c�wu f �Ye--uc (C44n0.� J \ J 7.AMOUNT OF ND AFFECTED: i Initially r acres Ultimately r acres 8.WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? 14Yes D No If no,describe briefly: 9.WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) PResidential D Industrial Commercial ❑Agriculture F]Park/Forest/Open Space Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, Stateor Local) Yes MNo If yes, list agency name and permit / approval: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? KIYes 0 N If yes, list agency name and permit / approval: 122, AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? Dyes NNO I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponspr'Na me -`_D7ale: Signature L, ✓4-17 If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment • PART II - IMPACT ASSESSMENT To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR,PART 617.4? If yes,coordinate the review process and use the FULL FAF. E] Yes [Z] No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6? If No,a negative declaration may be superseded by another involved agency. Yes [Z] No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten,ff legible) C1. Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic pattern,solid waste production or disposal, potential for erosion,drainage or flooding problems? Explain briefly: C2. Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources;or community or neighborhood character?Explain briefly: C3. Vegetation or fauna,fish,shellfish or wildlife 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,short term,cumulative,or other effects not identified in C1-05? 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 CRITICAL ENVIRONMENTAL AREA(CEA)? If yes,explain briefly: Yes ❑✓ No E. IS THERE,OR IS THERE LIKELY TO BE CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If yes explain: Ves 9✓ No [- 3 PART III-DETERMINATION OF SIGNIFICANCE(To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether itissubstantial,large.important or otherwise significant. Each effect should be assessed in connection with its(a)setting(i.e.urban or rural);(b)probability of occurring;(c)duration;(d)irreversibility;(e) geographic scope;and(f)magnitude. If necessary,add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes,the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CFA. Check this box if you have Identified one or more potentially large or significant adverse impacts which MAY occur.Then proceed directly to the FUL FAF and/or prepare a positive declaration. Check this box if you have determined,based on the information and analysis above and any supporting documentation,that the proposed actio WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting thi determination. Board of Trustees tl Name of Lead Agency Date President e Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer n Lead Agency Signature of Preparer(If different from responsible officer) PATRICIA C. MOORE, A�NEY AT LAW N►�MO LETTER 51020 Main Road Southold,NY 11971 (631)765-4330 email:pcmoorel @optonline.net DATE TO / 5� SUB gyp- i 7J l3 - C� - 11 - - �_IJ IT 'o i 411P 9 4 9R19 8cc!ha!d Tc-7— _ SIGNED Please reply No reply necessary BOARD OF TRUSTEES TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF SIGN MIKE & ELLEN FEINBERG POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-40-1-6 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, PATRICIA C. MOORE, residing at 370 Terry Lane, Southold, New York 11971 being duly sworn, depose and say that: ti On the 0 day of August, 2012, I personally posted the property known as 62445 North Road, Greenport, New York by placing the board of Trustees official Poster where it can easily be seen, and that I have checked to be sure the post has remained in place for eight (8) days prior to the date of the public hearing. Date of Hearing to be held on Wednesday, August 22, 2012, on or about 6:00 p.m. PATRICIA C. MOORE Sworn to before me this o�24 day of August, 2012 /SO I - otary P i BETSY A.PERKINS Notary Public, State of New York No. 01 PE6130636 Qualified in Suffolk Cou Commission Expires July 18, Ord of Trustees Application* AUTHORIZATION yy�� 4 (where the applicant is not the owner) 1. ^ YZf leee/1 T .LOAWq residing at A&�kLl- ) n (print ^^ owner of property) �— (mailing address) NY 4 do hereby authorize (Agent) 1 0.I1t !L c 2 r. l 1 W 1(�(�Yto apply for permit(s) from the Southold Board of Town T s on my behalf. ner's i tore Board of Trustees Application County of Suffolk State of New York Ar ILP BEING DULY SWORN DEPOSES AND AFFIRW9 THAT HE/ME IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF TH PPLICA�TrIOONj, W 1rr �l�f✓1 Sign tur SWORN TO BEFORE ME THIS J DAY OF J 20 Ia- Notaryry Publi A.PERt4NS Notary pubk State of New York N0.01PE61306M ouallfied in Sutlolk Cour r 3 Commission Expires July 18, APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits codicil Pf interest on the Dart of town officers and employees Ile purooso,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 --F same. t, y J YOUR NAME: 1 t-2 d ' I ICyl C-I W be YQ ��--},y ue.-�` O) O Lt's (Last name,first name,middle initial,unless you ar p yyj ing in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee _ C Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other",time the activity.) Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest."Business interest'means a business, including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO k If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicantlagentlrepresentative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this y o 200 Signature Pri � am c C Form TS 1 V"\ — bogd�K Town of Southold Erosion, Sedimentation & Storm-Water Run-off ASSESSMENT FORM �f1 PROPERTY LOCATION: s.c.T.nl.1f: THE FOLLOWING ACTIONS MAY REQUIRE THE SUBMISSION OF A bo©O yo / 4— STORM-WATER GRADING, DRAINAGE ANDEROIHON CONTROL PLAN District section Block Lot CERTIFIED BY A DESIGN PROFESSIONAL IN THE STATE OF­NEW ---- Item Number: (NOTE: A Check Mark(4)for each Question is Required for a Complete Application) Yes No -- - --- - ---- --- ------- -- ------------ ------------- ---- 1 Will this Project Retain All Storm-Water Run-Off Generated by a Two(2")Inch Rainfall on Site? ✓ ❑ (This item will include all run-off created by site clearing and/or construction activities as well as all Site Improvements and the permanent creation of impervious surfaces.) 2 Does the Site Plan and/or Survey Show All Proposed Drainage Structures Indicating Size&Location? ❑ This Item shall include all Proposed Grade Changes and Slopes Controlling Surface WalerFlowl 3 Will this Project Require any Land Filling, Grading or Excavation where there is a change to the Natural ❑ V/ Existing Grade Involving more than 20o Cubic Yards of Material within any Parcel? — 4 Will this Application Require Land Disturbing Activities Encompassing an Area in Excess of / Five Thousand (5,000)Square Feel of Ground Surface? V Cj Is there a Natural Water Course Running through the Site? Is this Proiect wilhln the Trustees jurisdiction of within One Hundred(100')feet of a Welland er Baach? — 6 VS'ill lh aie he Sile preparation on Existing Grade Slopes which Exceed Fifteen(15) feet of Vortical Rise to / One Hundred (100')of Horizontal Distance? ✓ Will Drivexovs, Parking Areas or other Impervious Surfaces be Sloped to Direct Storrn-Water RonOff into andag in the direction of a Town right-of-way? 8 Will this Project Require the Placement of Material, Removal of Vegetation and/or the Construction of any Item Within the Town Right-of-Way or Road Shoulder Area? (This itwn will NOT include the Installation of Driveway Aprons.) 9 Will this Prujocl Require Site Preparation within the One Hundred(100)Year Floodplain of any Watercourse? �LI ts1-VNt:� _dyvc ltyrp� �Yr-u Co 0 30 - "o c a,751vE c#Toxl dut-en9 �" NOTE: If Any Answer to Questions One through Nine is Answered with a Check Mark in the Bdx, a Storm-Water, Grading, Drainage&Erosion Control Plan is Required and Must be Submitted for Review Prior to Issuance of Any Building Permit! --- --- - ---- - - --- - ------- --------- --- - -- - - ------ ------—— —-- EXEMPTION: Yes No Does this project meet the minimum standards for classification as an Agricultural Project? Note: If You Answered Yes to this Question,a Storm-Water,Grading,Drainage&Erosion Control Plan Is NOT Required! - --- ----- - --- ----- - -- - -.— _ — ——-- - - - -- -- STA'T'E OF NEW YORK. COUNTY OF .. .Lryz.�V� . .. ... SS That I, CA,ti C- being duly snot n, deposes and says thatr lie/she Is die applicant lot-Pemit, _..1�Or`O:r-� rnd vadnnl sgning DoarmenQ And tl-au bc;'she is thr ._...... . ...._.. ._.._... _._.... .__ .. ........_. .......................... (O rat Comredol,Agent Gorporale Olticer etc I Otr'nel and/or I epresentalire of die Owner of Owner's, and is duly authorized to perform or have performed the said work and to make and file this application; dial all statements contained in this application are we to die best of his knowledge and belief;and that the work will be performed in One manner set forth in the application filed herewith. Srvom to before me this, F~ day of......u.. ... 20.�... -- Notary Public: .... .............EETSYA'PEFIFON� _.......... ......................... .. . ... (signature of Applicant) FORM - 06107 N0.01PE81300M OtilMed in SuBoAc ConunWeion E piree,kdy 0 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS I. All applicants for permits* including Town of Southold agencies,shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C,the preparer of this form should review the exempt minor action list,policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered"yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus,the action should be analyzed in more detail and,if necessary,modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net),the Board of Trustees Office,the Planning Department,all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM#1000-40-1-6 (Feinberg- existing structures with C.O's including"dwelling" to be used as Pool House; existing damaged deck boards to be replaced) AGENT: Patricia C. Moore Esq. ��� hp �� 51020 Main Road, Southold NY 11971 V 631-765-4330 �' JUL � 1 8 2012 The Application has been submitted to (check appropriate response): Town Board ❑ Planning Dept. ❑ Building Dept. ❑ SovMlvd Town Board of Trustees X B^ard er Trustees 1 Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) ❑ (b) Financial assistance (e.g. grant, loan, subsidy) ❑ (c) Permit, approval, license, certification: ❑ Type: Trustees Permit Town of Southold LWRP Consistency Assessment Form I Nature and extent of action: no structural changes- existing dwelling converted to Pool House all in accordance with plans prepared by Angel Chorno dated 5-23-12 Location of action:62445 North Road, Greenport Site acreage: 51,942sg.ft. Present land use: residential Present zoning classification: R-40 2. 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:Mike & Ellen Feinberg (b) Mailing address: 1814 Yale Road, Merrick, NY 11566 (c) Telephone number: (_) c/o Pat Moore 765-4330 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No X If yes, which state or federal agency: DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,preserves open space, makes efficient use of infrastructure, makes beneficial use ofa coastal location, and minimizes adverse effects of development. See LWRP Section III-Policies; Page 2 for evaluation criteria. Yes X No ❑ Not Applicable ❑ Discussion (if appropriate): The existing residence and decking origi inally constructed prior to zoning & wetland regulations Owner intends to preserve structure which is unique and built with drift wood Platform of house needs repair- deck boards will be replaced, as needed. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold See LWRP Section III-Policies Pages 3 through 6 for evaluation criteria Yes ❑ No ❑ Not Applicable X Discussion (if appropriate): The site is not identified as area of archeological sensitivity or on the National Register on the map produced by NYS Dept. Of State, Division of Coastal Resources. Town of Southold LWRP Consistency Assessment Form 2 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 X No ❑ Not Applicable ❑ Discussion (if appropriate): The owner is maintaining existing structures 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 X No ❑ Not Applicable ❑ Discussion (if appropriate): The existing structure will be converted to a pool house, deck boards need repairs 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 X Discussion (ifappropriate):A conforming sanitary system was installed by the prior owners years ago and remains. 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 X No ❑ Not Applicable ❑ Discussion (if appropriate): The site is adjacent to Long Island Sound. The property was developed with a dwelling. The existing dwelling will become a pool house. Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section 111- Policies Pages 32 through 34 for evaluation criteria. See Section 111- Policies Pages; 34 through 38 for evaluation criteria. Yes ❑ No ❑ Not Applicable X Discussion (if appropriate):No impact is anticipated to air quality Policy 8. Minimize environmental degradation in Town ofSoutholdfrom solid waste and hazardous substances and wastes. See LWRP Section III-Policies; Pages 34 through 38 for evaluation criteria. Yes X No ❑ Not Applicable ❑ Discussion (if appropriate): sanitary is conforming to HD regulations. PUBLIC COAST POLICIES Town of Southold LWRP Consistency Assessment Form 3 0 Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, andpublic resources of the Town of Southold See LWRP Section III- Policies; Pages 38 through 46 for evaluation criteria. Yes X No ❑ Not Applicable X Discussion (if appropriate):The parcel is private, however, access along the beach is open to the public WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III- Policies; Pages 47 through 56for evaluation criteria. Yes X No ❑ Not Applicable ❑ Discussion (if appropriate): Residential Homes along the water are the primary use in the Town of Southold. 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 X No ❑ Not Applicable ❑ Discussion (if appropriate): The structure was constructed in 1930's all the regulatory agencies control the project to prevent degredation of the environment 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 X Discussion (if appropriate): The area is not a designated agricultural district The neighborhood consist of single family homes on existing parcels Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III-Policies; Pages 65 through 68 for evaluation criteria. Yes X No ❑ Not Applicable ❑ Discussion (if appropriate):Residential development is a recognized permitted and encouraged use in the Town of Southold *copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 4 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel:(631)765-4330 Fax::(631)765-4643 July 5, 2012 Board of Trustees Town of Southold 2 C P. C. Box 1179 LS l� D Southold, NY 11971 Ri JUL - 5 2012 RE: Mike & Ellen Feinberg PREMISES: 62445 North Road, Southold Southhold Town Rnard of Trustees SCTM # 1000-40-1-6 Dear President King and Board members : Pursuant to your request, enclosed please find wetland permit application and Coastal Erosion Permit Application for existing structures as shown on Peconic Surveyors, P. C. survey dated December 23, 2002, last dated March 22, 2012 . Also enclosed are two certificates of occupancy for the Pavilion which was originally constructed in early 1900 ' s, and certificate of occupancy for existing deck. In order to comply with the Town Zoning, the Pavilion will become a "pool house" upon the completion of the new single family dwelling. The new dwelling was issued a letter of no jurisdiction from your Board. There are no changes to the structure proposed, other than cosmetic improvements which include replacement of an existing door with a new patio door and ordinary and usual maintenance of the deck "to the state of equivalent quality to that which was approved or required by permit [building permit #33009 dated May 7, 2007 and c. o #32379 dated May 31, 2007] " Town Code 275-2 . Thank you. Very truly yours, 41cla C. Moore Enclosures PATRICIA C. MOORE, ATTORNEY*LAW BCDMG ynt� 51020 Main Road (f G Southold, NY 11971 LETTER (631) 765-4330 e il: pcmoore@mooreattys.com Date 2 /� T ' l�-��S I CGS _... Subject )�C, eo Qv e_ W L_ p S _...... _..... ...._. _...... ___..SIGNED ._. _._. ....... ElPlease reply L1No reply necessary PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 June 13, 2012 James King, President Board of Trustees Town of Southold Main Road PO Box 1179 Southold NY 11971 RE: TODAY'S INSPECTIONS Dear Jim: Apparently there was a misunderstanding regarding today's inspections. My intention was to be at my client's inspections today, having been at the office at 8 a.m. and even had my client's (Feinberg & Alexandrou) available for the inspections. We were told the Board left the office shortly after 9:00 and after your inspections out East (Orient/East Marion), my office would be called so that we could meet in Greenport (Feinberg & Alexandrou). Perhaps one of the Board members can call me after today's inspections to advise of their findings. Mr. & Mrs. Feinberg both took today off from work and would very much like to meet with you at the property. Would you please advise if this would be possible at anytime today. Again, my apologies for the misunderstanding and I thank you for your continued cooperation. Very truly ours, Patricia C. Moore PCM ncl � Board of Trustees May 30, 2012 Page 2 We would respectfully request the following: 1. A letter of non-jurisdiction for the house. 2. A confirmation letter to change the "Pavilion" use to a pool house use in order to satisfy the Building Department. 3. Permit#7618 did not propose any changes to the platform of the deck. 4. For the drywell, if an amendment is required, an application is enclosed. Very truly yours, �; Gr Patricia C. Moore PCM/bp encls. C: Pat Conklin, Building Department PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 May 30, 2012 Attn: James King, President Board of Trustees Town of Southold Main Road Southold NY 11971 hand delivered RE: FEINBERG PREMISES: 62445 NORTH ROAD, GREENPORT SCTM: 1000-40-1-6 Dear President King and Board Members: With reference to the above, please let this serve as a request for a letter of non- jurisdiction for construction of a single family dwelling which is more than 100' from the top of the bank. Attached is a survey showing the existing "pavilion", beach stairs and proposed single family dwelling. The Building Department asked that I confirm with the Board that you are aware that we are converting the existing structure which is a dwelling (has a C.O. as a dwelling, see attached) to a pool house. This use change should not require a permit and was discussed during the hearing of permit#7618. The work proposed is as follows: 1. replace barn door with french door which is an "exempt use" under section 275-4 2. repair to existing landing. This was described work in permit application resulting in issuance of permit#7618 but was inadvertently omitted from the written description of the permit. Please see attached transcript. There was discussion about the existing landing being less than 200 square feet in compliance with Coastal Erosion Hazard law. In addition, we are not expanding the structure. See attached photographs of the existing deck. 3. No drywell is required for the pool. We have been advised by the pool company that this pool cartridge filter does not require backwash and no drainage of this vinyl pool is required. p � i JUL - 5 2012 G� rsT�n/G DEC SouthW6 Town Board of Tru l j r. _. -,;:>-7y -- �.Y/STrsrr.MV/L/aN WE4/-/* cC>S,4f671G llECWpQ43 QVVo s1;-R&<7u1teic- APPROVED BY BOARD OF TRUSTEES TOWN OF SOUTHOLD DATE q 22- 17 � PED . �Fisl/�diD$ E4cE�E�J/7 UyT°oisi5o'•yo�r ,Q �F NES coi✓V�/�'S/ FEINBERG RESIDENCE� .'SOUTHOLD' . NY SK 2 CHORNO ASSOCIATES archRectL SOUTHOLD,NEWYORK .» STREET ADDRESS: 62445 NORTH ROAD SCDHS Ref.# 610-10-0044 -, 3$� cod SURVEY OF PROPERTY NEAR GREENPORT tj TOWN OF SO UTHOLD SUFFOLK COUNTY, N. Y, 1000-40-01-06 SCALE.• 1'=40' DEC. 23, 2002 Jan 13, 20C,3(rows/•n5 ) /ice r: F�6 12, 2oe3 Sept. 24, 2010 (certification) OCT. 26, 2010 (REVl310N5) �. , / • G S ✓UVE 29, 2011 (proposed hseJ 4 v* JULY 1, 2011 (ada►Boeel JULY 12 2011 (REWSIO / S AUG, l5', 2011 (POOL �ITXS� AUG.AVG. 22, 201/Nevision) F, \$ + ► AUG. 23, 2011 trev)s)onl OCT. 27 20/1(sleis).. MARCH h, 2012 (pool forms) I ) �ry� y►1Po� MAY 25 2012 CROP HOUSE) r�PE ,►� JULY 2� 201 ne*km) �0 au61. � T:3 1z o �'II AUG 2 2 2 -- �y,,,, i p A -4 ' v9•, �O �F / Q rr cf Taste s " 5� 5t \d� �5✓"2� l/ �`d� off` ' `�j ._...-_ , /-Q� .RAIN R(JNOFF CALCULATIONS ] HOUSE/- 3125 sq.ft. - 2 0'G / qt PROIVE 3- VRYIYELLS 6Y.• 4.0' OEEP !. v p` SEPTJC SYSTEM (4 BEDROOMS) �y p� ¢1P„ \ l- 1000 GAL. PRECAST SEPTC TANK 9 !- 6'0 . 12' DEEP LEACHING POOL EXISTING EXISTWG 6' l3'S' B'e' DECK — ��\ I r / IE nt,iCT S e PLAT CRAts TO EL W ¢ � 3 '• ED Izr� ;�•�12' --�- BEACH STAIRS EL ' = PPR NO SCALE) EXfsi1NG TO EVSTNG GRADE BE REPLACED / �\ h BOARD OF USILL,) 3 CO n•�w a OWN OF SO OLD ,� �� IMIAM LRE - 9T a If' ` � DATE (0122/12 . / A8 DEo �. vl� •`� G STAIR PLAN \' I J A� (NO SCALE) ee n.K- 0 k EL 35. A -� GFj.0 n 5' CCASTAL EROSION HAZARD LINE FROM COASTAL EROSION HAZARD AREA MAP ►`��°bl L Photo 53-591-83 z / CERTIFIED TOS' ►` P s 3 - -LATH STK MICHAEL FEINBERG SHED To BE REMOVED NOT SHOWN HEREON ELLEN H. FEINBERG FIDELITY .NATIONAL TITLE INSURANCE COMPANY I am familiar with the STANDARDS FOR APPROVAL AND CONSTRUCTION OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES and will abide by,the conditions set forth therein and on the W permit to construct. �= 5 REA=51,942 S F. The location of wells and cesspools shown hereon are ,UJB TO 77E UNE from field observations and or from data obtained from others. m3 . ANY ALMRAT)ON OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCAT)ON LAW. EXCEPT AS PER SECTION 7209-SUBDMSION 2. ALL CERTIFICATIONS p3 HEREON ARE VAUD FOR THIS MAP AND COPIES THEREOF ONLY IF O SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR N. Y.S LIG. N0. 491 WHOSE SIGNATURE APPEARS HEREON. ! CONIC SMORS, P.C. Contour lines are referenced to the Five Eastern Towns 1) 765-5020 FAX (631) 765-175 Topographic Maps (N.G.V.D.i . BOX 909 1230 TRAVELER STREETF,, 7� MEMORANDUM OF LAW MICHAEL & ELLEN FEINBERG Premises: 62445 North Road, Southold, SCTM 1000-40-1-6 Factual Background Mr. and Mrs. Feinberg are the owners of the premises located at 62445 North Road, Southold. The property is improved with structures including a single family dwelling' with a covered deck, open decking, and stairs leading down to the beach. These structures were originally constructed in the early 1900's using driftwood. A pre-existing certificate of occupancy was issued for the dwelling and decks, and a building permit and certificate of occupancy were issued later for repairs.' The existing dwelling is connected to a Suffolk County Health Department approved sanitary system. Mr. and Mrs. Feinberg intend to build a new single family dwelling on their property as the existing 200 square foot dwelling is inadequate for their family's use as a residence. The new home will be built more than 100 feet from the top of the bluff/ bank on the property which is outside the jurisdiction of the Town ' On a survey prepared by Peconic Surveyors, PC the dwelling is identified as a "pavilion". 2 Building permit#33009 dated May 7, 2007 and C.O. #32379 dated May 31, 2007 were issued to the property owners [prior to the Feinbergs] Page 1 Trustees. A swimming pool has been constructed on the property, and the Feinbergs intend to convert the existing 200 square foot dwelling into an accessory pool house. The conversion of the pool house is a change only in its use. No changes are being made to the structure. The dwelling is simply being converted to the lesser use as accessory to the new home that will be constructed. The Town Trustees have taken the position that the change of use of this structure requires a wetland permit and a Coastal Erosion Hazard application. This is wrong as a matter of law. PRE-EXISTING STRUCTURES AND USES ARE PROTECTED It is well established that a non-conforming use or structure that is in existence when a zoning or land use ordinance is enacted is constitutionally protected and must be permitted to continue, despite contrary provisions in the ordinance. See e.g. Glacial Aggregates, LLC v. Town of Yorkshire, 14 NY3d 127, 135 (2010), Jones v. Town of Carroll, 15 NY3d 139, 143 (2010)(and cases cited therein), rearg. denied, 15 NY3d 820 (2010) The existing dwelling, decks and stairs to the beach qualify as pre-existing structures entitled to the legal protection as such. The Southold Town Building Department has properly recognized the legal status of the structures on the Feinberg's property as evidenced by the pre- Page 2 existing certificate of occupancy issued for the property and the subsequent building permits and certificate of occupancy. Provisions of the Southold Town Code also acknowledge the legal rights associated with pre-existing nonconforming structures. Such structures may be continued indefinitely and can be reconstructed, repaired and remodeled. Southold Town Code §§280-122(A) and 280-125. Similar provisions are found within the "Wetlands Law of the Town of Southold" in chapter 275 of the Town Code. Section 275-2 defines "pre-existing nonpermitted or nonconforming structures" as those structures or uses which are allowed to continue because it was lawfully existing at the time the Wetlands Law was enacted. These structures can be repaired and maintained without Zoning Board or Town Trustee prior approval. Southold Town Code §§280-121(A)( and 275-4(A)(5)(maintenance and repair of existing, functional buildings exempt) And, new roof shingles, and replacement or new windows, doors and siding may be added without a Trustee permit. Southold Town Code §275-4(10) The pre-existing structures with conforming uses located on the Feinberg's property are legally protected. The insistence that wetland and coastal erosion permits are required for a simple change of use of a structure [to a lesser intensive yet still permitted and conforming use on the property] or routine maintenance and Page 3 repair interferes with the established legal rights of the Feinbergs to the use of their property. The processing of this application is unnecessary, time-consuming and expensive. It wrongly delays the issuance of the building permit for the new home which is outside of Trustee jurisdiction. And it wrongly exerts the Trustee's jurisdiction over a change of use and maintenance of a legally established structure on the property. CONCLUSION There is no legal basis for the exercise of Southold Trustee jurisdiction over a change in the use or the routine maintenance of a legally established pre-existing structure on the Feinberg property. Dated: Southold, New York July 13, 2012 (2 ­ — Patricia C. Moore, Esq. Attorney for Michael and Ellen Feinberg Page 4