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1000-139.-2-3
MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: August 16, 2012 Re: ZBA file Ref. No. 6588 David Shultz Location: 2745 Wickham Avenue (corner of Grand Avenue) (adj. to Long Creek) SCTM 1000- 139-2-3 A site inspection was conducted on August 15, 2012 DAVID P. SCHULTZ - #6588 - Request for Variances from Article XXIII Section 280-124, and the Building Inspector's May 30, 2012 Notice of Disapproval based on an application for building permit to construct additions and alterations to existing single family dwelling at 1 ) less than the minimum side yard setback of 10 feet, 2) less than the combined side yard setbacks of 25 feet, 3) lot coverage of moro than the code permitted 20%, located at: 2745 Wickham Avenue (corner of Grand Avenue) (adj. to Long Creek) Mattituck, NY. SCTM#1000-139-2-3 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the rocords available to me, it is my determination that the proposed action is CONSISTENT with the LWRP. Cc: Jenifer Andaloro, Assistant Town Attorney Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 July 26, 2012 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. # 6588 SCHULTZ, David P. Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 1000-139-2-3 Dear Mark: We have received an application for additions and alterations to single family dwelling. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of' LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Encls. ~ff~,~?l Y/~)>ur SK/W ei sm'a~ Chairpe~n/~ /[ By: ~vj[~.~ FORM NO. 3 NOTICE OF DISAPPROVAL DATE: May 30, 2012 TO: David P. Schultz c/o Mark Schwartz P.O. Box 933 Cutchogue, NY 11935 Please take notice that your application dated May 23, 2012: For permit to construct additions and alterations to existing single family dwetlinl~ at: Location of property: 2745 Wickham Ave., Mattituck, NY County Tax Map No. 1000 - Section 139 Block 2 Lot 3_ Is returned herewith and disapproved on the following grounds: The proposed additions and alterations to the existing single family dwelling, on this non- conforming 7,280 (7,141 buildable) square foot lot in the Residential R-40 District is not permitted pursuant to Article XXIII Section 280-124: non-conforming lots. measurine less than 20.000 square feet in total size, require a minimum side yard setback of 10 feet with a total of 25 feet and maximum lot coverage of 20%. The site plan shows side yard setback of 2.5 feet, total side yard of 16.7 feet and lot coverage of 23.8 %. Note to Applicant: Any- change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file, Z.B.A. Jill M. Doherty, President Bob Ghosio, Jr., Vice-President James F. King Dave Bergen John Bredemeyer BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 August24,2011 Eh-Consultants 1319 North Sea Rd. Southampton, NY 11968 RE: DAVID SCHULTZ 2745 WICKHAM AVE., MATTITUCK SCTM#139-2-3 Dear Mr. Herrmann: The Board of Town Trustees took the following action during its regular meeting held on Wed., August 24, 2011 regarding the above matter: WHEREAS, En-Consultants on behalf of DAVID SCHULTZ applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance, application dated August 2, 2011, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on August 24, 2011, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, and, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, and, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees has found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees APPROVES the application of DAVID SCHULTZ to construct a second-story addition onto an existing one-story, one-family dwelling; construct a two-story addition in place of existing attached deck and remove remainder of existing deck; construct a 6'X 10' attached porch in place of existing landing/steps to be removed; remove existing nonconforming sanitary system located less than 100' from wetlands; install drainage system of leaders, gutters and drywells; relocate existing public water service; and establish 10' wide approx. 450 sf. non-turf buffer to be planted with native vegetation in place of existing lawn adjacent to tidal wetlands boundary, and to remove the tree located along the northwest comer of the dwelling, and as depicted on the survey prepared by Nathan Taft Corwin III last dated April 12,2011 and stamped approved on August 24, 2011. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $50.00 Very trulyyours, Jill IV~../Doherty, Presider~ Board of Trustees JMD/Ims BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7616 DATE: AUGUST 24 2011 ISSUED TO: DAVID SCHULTZ PROPERTY ADDRESS: 2745 WlCKHAM AVE. MATTITUCK SCTM#139-2-3 AUTHORIZATION Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on Au ust 24 2011 in consideration of application fee in the sum of $250.00 paid by David Schaltz and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permit Wetland Permit to construct a second-story addition onto an existing one-story, one-family dwelling; construct a two-story addition in place of existing attached deck an remove remainder of existing deck; construct a 6'X 10' attached porch in place landing/steps to be removed; remove existing nonconforming sanitary system than 100' from wetlands; install drainage system of leaders, gutters and dryweHs; existing public water service; and establish 10' wide approx. 450 sf. non-turf buffer to be planted with native vegetation in place of existing lawn adjacent to tidal wetlands boundary, and to remove the tree located along the northwest corner of thc dwelling, as depicted on the survey prepared by Nathan Taft Corwin III last dated April 12, 2011 and stamped approved on August 24, 2011. IN WITNESS WHEREOF, 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. SOUTHOLD TRUST ]No. ~ [] · ISsued To-~h~~~~--- Date.~L~_ Address ¥c.c . · THIS NOTICE MUST BE DISPLAYED DURING CONSTRUCTION TOWN TRUSTEES OFFICE,TOWN OF SOUTHOLD SOUTHOLD, N.Y. 11971 TEL.: 765-1892 APPROVED BY For Offico Uso Only Date Assigned/Assigranent No. Fee: $ Office Notes: Filed By: APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Parcel Location: House No.2745 Street wiekham Avenue Hamlet Mattimck SCTM 1000 Section 139 Block 2 Lot(s) 3 Lot Size 7,280 s.f. Zone District R40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING iNSPECTOR DATED: May30,2012 BASED ON MAP DATED Mayl0,2012 Applicant(s)/Owner(s): David Schultz Mailing Address: P.O. Box 624, Mattimck, NY 11952 Telephone: 631-298-9340 Fax: NOTE: In addition to the above, please completed below if applicant is signed by epplicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Eh-Consultants for (X) Owner, or ( ) Other: Agent's Address: 1319 North Sea Road, Southampton, NY 11968 Telephone: 631-283-6360 Fax:631-283-6136 Email: rherrmann~enconsultants.com Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or [] Authorized Representative, or [] Other Name/Address Below: WHEREBY THE BUILDING iNSPECTOR REVIEWED MAP DATED AN APPLICATION DATED: 5/10/12 FOR: Other: 5/21/12 and DENIED [] Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article XXIII Section 280- 124 Subsection Article Section 280- __ Subsection Type of Appeal. An Appeal is made for: [] A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal [] has [] has not been made at any time with respect to this property. UNDER Appeal No. Year . (Please be sure to research before completing this question or or call our office for assistance). Name of Owner: David Schultz ZBA File # REASONS FOR APPEAL (additional sheets may be used with preparer's signature): AREA VARIANCE REASONS. (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: SEE ATTACHED (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: SEE ATTACHED (3) The amount of relief requested is not substantial because: SEE ATTACHED (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: SEE ATTACHED (5) Has the alleged difficulty been self-created? ( )Yes, or (K)No. SEE AITACHED Are there any Covenants and Rest~ictions conceming this land: 15~INo r-lYes (please furnish copy). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND P~EASE COMPLETE THE AT/ACHED USE VARIANCE SHEET: (Please be sure to consult your anorney.) ~j[~j Signature ol~Appellant or Aut~'fi'~ized Agent Sworn m he,re me ~is 17th KlM H. STEPHENS NOTARY PUBLIC STATE OF NEW YURK COMMISSION NO. 5015§31 QUALIFIED IN SUFFOLK COUNTY EXPIRES AUGUST 2. 20j~ (Agent mu~t submit wriRen Authorization from Owner) Robert E. Herrmann Coastal Management Specialist David Schuttz "Area Variance Reasons" Page 1 of 2 ~°~rtE. Hetmumn The granting of the requested relief from §280-124 for side-yard setbacks and coverage will not cause an undesirable change to the neighboring properties or the character of the community since the need for relief is generated primarily by the addition of a second story onto a legally preexisting nonconforming ono-story dwelling without the expansion of the footprint of that dwelling outside the footprint of existing structures, i.e., house, deck, and stoop. (Lot coverage as defined by Chapter 280 will increase by twenty (20) square feet due to the fact that the area of the proposed covered porch to be constructed inside the footprint of the existing stoop and steps is included in lot coverage whereas the open stoop and steps are not. Removal ora portion of the existing attached deck negates all but 20 square feet of the additional lot coverage created by the covered porch). That is, relief is necessitated primarily by a request to maintain the legally preexisting nonconforming conditions with respect to setbacks and coverage and not as a result of creating new nonconformities. The neighboring property that is most potentially affected by the addition of a second- story is that to the northeast, from which the existlug minimum side-yard sethaek of 2.5 feet will he maintained. However, that property consists of an undeveloped and heavily vegetated right-of-way that adjoins Wickham Avenue, a public roadway to its northeast. As demonstrated in the photos included with this application, the dwelling is barely visible from Wiokham Avenue, which isa fast moving roadway and not a quiet street with heavy pedestrian ~ and passers-by. Therefore, none of the usual impacts to a neighboring property owner or community that might potentially he created by adding a second story to a dwelling already located a few feet from a property line or roadway would exist at this property, which makes it arguably unique in that regard. Although the total side-yard setback will be mathematically decreased as a result of the proposed porch (which establishes a side-yard setback) being constructed in place of and inside the existing footprint of the open stoop and steps (which do not), the structural footprint on the property will not actually encroach any closer on the other adjoining property to the southwest. Although the enclosed habitable space will move closer to that property, the expansion of that space would cause no undesirable change with respect to that property, whose dwelling currently maintains a minimum side-yard setback of a tenth of one foot to the subject property. The applicant's goals (i.e., enlarging their kitchen; adding a laundry room and a study;, and modestly enlarging their two bedrooms and relocating them upstairs) cannot he achieved without some expansion of the existing dwelling, and due to the location of the preexisting nonconforming dwelling, any expansion, whether upward or outward, would require an Sworn to before me this 17th day o,f July, 2012 David Schuttz "Area Variance Reasons" Page 2 of 2 3. The relief requested for the side-yard setbacks (2.5' minimum side where 10 feet is required and 16.7' total side where 25' is required) is mathematically substantial, but those setbacks have already been established by the locations of the existing structures, except that the existing total side-yard setback will decrease by 4 feet fi.om 20.7 to 16.7 due to the replacement of the open stoop and steps with an enclosed porch Relief fi.om the 20 percent lot coverage restriction that would allow a 20 square-foot increase in coverage urea ~om 1,680 square feet to 1,700 square feet (23.5% to 23.8%) is not substantial.. 4. Although the project will result in a net 20 square-foot increase of"lot coverage" as defined by Chapter 280 for the reasons descrl'hed above, the proposed dwelling expansion will occur entirely within the footprint of existing structural areas, thus neither increasing ground coverage by impervious surfaces nor decreasing wetlands setbacks. Therefore the proposed structure footprint will have no additional potemial impacts on the adjacent tidal wetlands or waters of the Town as compared to the existing. The project will, however, improve both groundwater and surface water quality as a result of the increased separation distance between the sanitary system and Long Creek and the improved treatment of on- site septic as a result of the sanitary system relocation and upgrade, respectively. The volume of roof runoffwill he decreased as a result of the installation of the drainage system of leaders, gutters, and drywells; and the establishment of a naturally planted 10' wide 450 s.f. nonturfbuffer adjacent to the tidal wetlands boundary wiII both decrease the potential volume of surfnce water runoff entering Long Creek and improve the quality of that runoffby replacing potential fertilizer dependent lawn areas with native vegetation. The project would also result in the finished structure achieving FEMA compliance with respect to the required base flood elevation as a result of the first floor being raised 16 inches. The environmental impact of the project will therefore be a net improvement of the site conditions with respect to the protection and enhancement of the adjacent tidal wetlands and improved flood protection. 5. The dit~ulty with proposing an expansion to the existing dwelling on this property without necessitating variance relief is not serf-created due to the legally preexisting nonconforming location of the existing dwelling. Sworn to before me this 17th day of July, 2012 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: David Schultz Date Prepared: July 17, 2012 I. For Demolition of Existing Building Areas Please describe areas being removed: Existing open wood deck and stoop with steps arc to be removed; existing basement is to be filled with clean sand and capped with concrete slab. II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension:+/-8' x +/-23' Dimensions of new second floor: +/-24' (max) x +/-55.5 (max) Dimensions of floor above second level: N/A Height (from finished ground to top of ridge): 27'-4" Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: No, existing basement to be filled (see above). III. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Single-story dwelling with basemem, open deck, and stoop with steps (see attached site plan and building plans). Number of Floors and Changes WITH Alterations: Two-story dwelling with covered porch (see attached site plan and building plans). IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 1,680 s.f. (23.5%) Proposed increase of building coverage: 20 s.f. (0.3%) Square footage of your lot: 7,280 s.f. (7,141 s.f. buildable) Percentage of coverage of your lot by building area: 23.8% (1,700 s.f.) V. Purpose of New Construction Requested: Generally, to renovate, expand and modernize an existing "beach cottage" into a modest year-rotmd residence with improved efficiencies, better flood protection, and expanded living space. Specifically, to enlarge the kitchen and create a study and laundry room downstairs while moving the 2 bedrooms upstairs. VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): The property slopes moderately steeply (approximately 15%) from the roadway to the roadside of the house and then flattens and slopes much more gradually toward Long Creek. The steepness of the slope between the road and the house adds to the other limitations on the property (i.e., wetlands, size and configuration of parcel, location of existing garage, and space necessary to upgrade sanitary system), which together combine to make the most reasonable and practicable design for renovating and expanding the existing dwelling the one that is proposed, i.e., the in-place renovation and raising of the existing dwelling with upward expansion. Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking corners for new construction), or photos of existing building area to be altered (area of requested changes). PHOTOS INCLUDED. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? [] Yes [] No Are there any proposals to change or alter land contours? [] No [3Yes, please explain on attached sheet. 1) Are there any areas that contain sand or wetland grasses? Yes 2) Are these areas shown on the map submitted with this application? Yes 3) Is the property bulkheaded between the wetlands area and the upland building area? No 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Yes Please confirm status of your inquiry or application with the Trustees: Wetlands Permit No. 7616, issued August 24, 2011 and if issued, please attach copies of permit with conditions and approved map.(Copy attached) D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? No Please show area of the structures on a ~iagram if any exist. Or state "none" on the above line. Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and survey as approved by the Building Department and describe: N/A Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. G. Do you or any co-owner also own other land adjoining or close to this parcel?. No If yes, please label the proximity of your lands on your survey. (ex: existing single-family dwelling, proposed: sarae with garage, pool or other) Autho nature and Date Robert E. Herrmann Coastal Management Specialist Please list present use or operations conducted at this parcelOne-story, single-family dwelling with open deck and stoop and detached garage and proposed use two-story, single family dwelling with covered porch and detached garage 2/05; 1/07 APPLICANT/AGENTfREPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics vrohibits conflicts of interest on the oart of town officers and emvlovees. The vuroose of this form is to orovide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, first nasld, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance ~t' Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other", name the activiiy.) 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 I~ NO If you answered "YES", complete the balance of this form and date and sign where indicated, Name o f person emp[oyed by t he To)),i) o f S,oytho.9.J~ ~,P~ ~]/, ~']~4~]~.'. Titleorpositionofthatperson ~.~'/~'~ /LI~I~l ,~71~7~/~ ]t~:7~g./~ ~/~1~5~, Describe the relationship between yourself(the applicanUagent/representative) and the town officer or emp}oyee. Either check the appropriate line A) through D) and/or describe in the space provided. The toxYn 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 RELAI1ONS~H1P Form TS 1 Submitted this Signature Print Name APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER andOWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: He. rrmann, Roi~r'c E. (Last name, first name, middle initial, unless you am applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) Tax Grievance Variance Special Exception If "Other", name the activity: NATURE OF APPLICATION: (Check all that apply.) Change of Zone L ] Approval of Plat I J Exemption from Plat or Official Map [ ] Other L ] 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. ms L I No[ xx I Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): [ I I A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); ] B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); ] C) an officer, director, partner, or employee of the applicant; or ] D) the actual applicant. DESCRIPTION OF RELATIONSHIP Signature: ffW , Print Name: _ _~___'~_ 'e. _.m~_.__,._...~__~2,' EN-CONSULTANTS, INC. 1319 No~h Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enoonsultan~.com ENVIRONMENTAL CONSULTANTS TO WHOM IT MAY CONCERN: This letter will authorize En-Consultants, Inc. to represent me and act on my behalf with regard to environmental matters and/or permits. Print Signature Print Dated:/4'~/l~_~, ~ 2//¢¢ AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM.. The form must be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500feet of a farm operation located in agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239- m and 239-n of the General Municipal Law. 1) Name of Applicant: En-Consultants 2) Address of Applicant: 1319 North Sea Road, Southampton, NY 11968 3) Name of Land Owner (if other than applicant) David Schultz 4) Address of Land Owner:P.O. Box 624, Mattituck, NY 11952 5) Description of Proposed Project: Additions and alterations to existing single family dwelling. 6) Location of Property (road and tax map number):2745 Wickham Avenue, Mattituck, SCTM #1000-139-2-3 7) Is the parcel within an agricultural district? ~]No I-lYes If yes, Agricultural District Number 8) Is this parcel actively farmed? [~No l-lYes 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing thc parcel numbers on the Town of Southold Real Property Tax System. 1. N/A Name and Address (Please use back side of page if more than six property owners are identified.) The lot numbe]~ may be obtained, in advance, when reqnested from either the Office of the Planning Board at 765-1938 or t~Zoning Board of Appeals at 765-1809. ~ __ 7 / 17 /12 Sign~tur'~ of Applicant ~ Date Note: 1. The local board will solicit comments from the owners of land idcntificd above in order to consider the effect of the proposed action on their farm operation. Solicitation wilI be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration as part of thc overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the board to the property owncrs identified above. The cost for mailing shall be paid by the applicant at the time the application is submitted for review. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 14.16-4 (9/95)--Text 12 PROJECT I.D. NUMBER [ SHORT 617.20 Appendix C State Environrnental Quality Review ENVIRONMENTAL ASSESSMENT For UNLISTED ACTIONS Only FORM PART I -- PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1 APPLICANT/SPONSOR: I 2. PROJECT NAME David Schultz by Eh-COnsultants SEQR PROJECT LOCATION: Municipality iV[ at[it~tck County 4 ISE LOCATION (Street address and road intersections, prominent landmarks, ete, or provide map) i Wickham Avenue, Mattituck, Town of Southold, SCTM # 1000-139-2-3 New Expansion [] Modification/alteration 6 DESCRIBE PROJECT BRIEFLY: Additions and alterations to existing single family dwelling. AMOUNT OF LAND AFFECTED Initially 0.167 acme Ultimately 0.167 acres 8. WILL pROPOSED ACTION COMPLY WITH EXiSTiNG ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? E~es [] No If NO, describe briefly L WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] Park Forest/Open space [] Other Oescdbe: DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] No If yes, list agency(s) and permit/approvals NYS DEC, Town of Southold, SCDH DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? []Yes [] No If yes, list agency name and permit/approval NYS DEC #1-4738-03288/00002, Southold Trustees #7616, SCDH #R10-11-0050 AS A RESULT OF pROPOSED ACTION WiLL EXISTING PERMIT/APPROVAL REQUIRE MODiFICATiON? []Yes [~N o I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Signature: ~ ~Herrmann, Coastal Management Specialist DATE July 17, 2012 If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II- ENVIRONMENTAL ASSESSMENT (To be completed by Agency) A. DOES ACTION EXCEED ANY TYPE [ THRESHOLD IN 6 NYCRR, PART 617,47 If yes coord na e the review process and use the FULL EAF [--]Yes [~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 b another involved agency. r--lye, '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 patterns, solid waste production or disposal potential for erosion, drainage or flooding problems! Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources: or community or neighborhood character? Explain briefly: C3. Vegetation of fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly, C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. C6. Long term. snort term, cumulative, or other effects not identified in C1-C57 Explain briefly. C7 Other impacts (including Changes in use of either quantity or type of energy)? Explain brieflY. D. WiLL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? [~JYes [~No E. IS THERE. OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? []Yes []No If Yes. explain briefly PART III- DETERMINATION OF SIGNIFICANCE (To be Completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, targe, important or othenvise significant. Each effect should be assessed in connection with ~ts (a) setting (i.e. urban or rural), (b) probability of occurring; (c) duration; (d) irreversib[lity; (c) geographic scope; and (f) magnitude, if necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all retevant adverse impacts have boon identified and adequately addressed. If- question D of Part 11 was checked yes, the determination and significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. [] Check this box if you have identified one or more potentially barge or significant adverse impacts which MAY occur. Then Proceed directly to the FULL EAF and/or prepare a positive declaration. [] Check this box it you have determined, based on the information and analysis above and any supporting documentation, that the proposed act[on WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Signature of Responsible Olhcer in LeaCi Agency Signature of Preparer (If different from responsible officer) Date 2 OWNER FORMER OWNER LAND t-/06 '? 0-% TOWN OF SOUTHOLD AGE SFAS. J VL IMP, TOTAL Tillable 3 Woodland Swampland NORMAL Acre ~7oo ]3UILDING CONDITION BELOW ABOVE Value Per Value Acre PROPERTY VILLAGE w ..), / COMM. R~CORD CARD D [STt S U B. ACR. TYPE OF BUILDING CB. MISC. Mkt. Value REMARKS LOT I, OOod. s-Eve_., Tillable Tiliable 2 FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHF~D DOCK Brush]and _ ~ouse Plot Toro t L BIdg, ~tens[on cfension (tension ~rch ~rch · eez ewQy 159.-2-3 4/09 :rage ~tio ~tol ] ,OLOR ~RfM Foundation J ~./9. t Bath Basement ~:g~::~ I Floors Ext. Walls Fire Place Type Roof Recreation Driveway Interior Finish Heat Rooms 1st Floor Rooms 2nd FIc~ r ~inette DR. ¸ BR. FIN. B. ~uOdav/sion ............................... Filed Map No ......... Lot No ....... Requirements for a one family dwelling built '~ to conforms substantially to tho~ Certificate of Ocoupancy ....A.~.I~'~.~..23 ........ ,1 ~.7... pursuant to whic~No ......... .Z.9.7..0. q. ....... dated October ¶ 19.7.9., was issued, and conforms to all of the requirements of tho applicable provialons of the law. The occupancy for which this certificate is issuod is ......... .... One Foml.ly. Dwelling The certificate is/ssucd to .......... ~rohrl R. AlbreGht ........... ..................... of the aforesaid building. Suffolk County Department of Health Approval ............ .NZR. .......................... UNDERWRITERS CERTIFICATE NO R~v 4~ Our]CE LOCATION: Town Hall Annex 54375 State Route 25 · (cot. Main Rd. & Youngs AveJ Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Jill Doherty, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: August 19, 2011 Re: Proposed Wetland Permit for DAVID SCHULTZ SCTIV~ 1000-139-2-3 Bea~d0tTfustees Eh-Consultants on behalf of DAVID SCHULTZ requests a Wetland Permit to construct a second-story addition onto an existing one-story, one-family dwelling; construct a two-story addition in place of existing attached deck and remove remainder of existing deck; construct a 6'X 10' attached porch in ptace of existing landing/steps to be removed; remove existing nonconforming sanitary system located less than 100' from wetlands; install drainage system of leaders, gutters and drywells; relocate existing public water service; and establish 10' wide approx. 450 sf. non-turf buffer to be planted with native vegetation in place of existing lawn adjacent to tidal wetlands boundary. Located: 2745 Wickham Ave., Mattituck. SCTM#139-2-3 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney Town of Southold A. LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS 1. A Il applicants f0r perm its* including T 0m n 0f S 0uth01d agencies, shall c0m plete this C C A F [0r pr0p0s0d actions that are subject to the Town of S0uth01d W atcrfr0nt Consistency Review' Law. This assessmentisintendedt0supplemeat0therinf0rmati0nusedby aT0wn 0fS0uth01dagencyin m a k in g a d e t e r m in a ti0 n 0 f c 0 n s is t e n c y. *Except minor exempt actions including Building Permits and other tninisterial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listine both suoporting and non- supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. SCTM# 139 A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. DESCRIPTION OF SITE AND PROPOSED ACTION 2 _ 3 PROJECT NAME DAVID SCHULTZ The Application has been submitted to (check appropriate response): TownBoard [--] PlanningBoard~] Building Dept. ~ Board of Trustees [~ Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Construct a second-story addition onto existing one-story, one-family dwelling; constxuct a two-story addition in place of existing attached deck and remove remainder o£existing deck; construct a 6' x 10' attached porch in place of existing landing/steps to be removed; remove existing nonconforming sanitary system located less than 100' fi.om wetlands; install drainage system of leaders, gutters, and drywells; relocate existing public water service; and establish 10' wide approximately 450 s.f. non-turf buffer to be planted with native vegetation in place of existing lawn adjacent to tidal wetlands boundary, all as depicted on the site plan prepared by Nathan Taft: Corv,,,in, III, Land Surveyor, last dated April 12, 2011. Location of action: 2745 WICKHAM AVENUE, MATTITUCK Site acreage: 7,280 S.F. Present land use: RESIDENTIAL, SINGLE-FAMILY DWELLING Present zoning classification: R-40 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: DAVID SCHULTZ (b) Mailing address: P.O. BOX 624 MATTITUCK, NY 11952 (c) Telephone number: Area Code 631-298-9340 (d) Application number, if any:. Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [---] No [~ If yes, which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ~Yes [-~ No ~ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LVfRP Section III - Policies Pages 3 through 6 for evaluation criteria ~] Yes ~] No [~ Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria The expansion of natural vegetation adjacent to the tidal wetlands associated with Long Creek will enhance the natural appearance of the transition area between the developed portion of the property and Long Creek. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ~Yes ~ No ~ Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ~ Y es [~ No ~ Not Applicable The proposed relocation and upgrade of the on-sito sanitmy system from a single cesspool located less than 100' from wetlands to a SCDHS- approved sanitary system consisting of a septic tank and cesspools located mom than 100 feet from wetlands will result in an improvement of groundwater and thus ultimately surface water quality of Long Creek. The addition of a drainage system of leaders, gutters, and drywelts will reduce the volume of roof runoff; and the establishment of a 10' wide, +/-450 s.f. nonturf buffer in place of existing lawn area adjacent to the tidal wetlands will both decrease the potential volume of surface water runoff entering Long Creek and improve the quality of that rtmoffboth directly through the elimination of potentially chemically dependent lawn areas and indirectly as a result of the buffer's ability to act as a sink for capture of fertilizers and other chemicals before they enter the Creek. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. I--lYes No Notaa i e Although the project cannot meet the required wetlands setbacks due to the preexisting location of the existing house, the proposed project has been designed to minimize new disturbance and structural areas on the property by limiting the proposed expansion to additions over or in place of existing structures. Specifically, as a result of the proposed additions, them will be an increase of only 20 square feet of "lot coverage" as defined by Town Code; and the net increase in "grotmd area coverage" by the fmished dwelling and attached structures will be only 3 square feet. Given that this negligible change in structural areas nearly qualifies the project to be exempt from Waterfront Consistency Review and the positive impacts of the mitigation measures outlined in relation to Policy 5 above, the project is consistent with Policy 6. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. [--] Yes [--] No ~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Sonthold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. V-~ Yes ~ No ~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ~-] Yes [--] No[~ Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-del~endent uses and promote siting of new water-del~en.dent uses in suitable locations. See LWRP Section III - Policies; Pages'47 through 56 for evaluation criteria. [--~ Yes ~ No [~ Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [---] Yes ~] No [5~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. ~] Yes [~ No [5~ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [~ Yes [~1 No ~ Not Applicable PREPARED BY '~ ROBEI{T"~ HERRMANN TITLE COASTAL MGMT SPECIALIST DATE. JULY 27, 2011 Amended on 8/1/05 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N.Y. Certificate Of Occupancy THIS CERTIFIES that the building ................................................ Location of Property 27/;5 W:tck.ham Avenue Ma~c~c:ttu~ County Tax Map No. 1~0 ~ction .. ~ ~ ....... Block ..... 9~ ....... ~t...99g. .......... .Filed Map No ......... Lot No .............. Sub~ion ........ fi~b~fi~fi' ~'~' one f~ily awelling ~ilt prior to confo~s subst~ti~y to Ce~lf~oate of ~c~cy .., ~rt~..a3 ......... 1~.~. p~ant to wMC~No ......... g~q! ....... a,t~ ... P~%PP~ .~ .............. ~ 72,,~ ~.~, ~d ~to~,to ~ ott~ ~m*,t* of the app~cable pmv~iom of ~e law. ~e occu~cy for wMch tMs ~ifi~te ~ inuod is ......... ~e ~ificate is i~ued to ...... ~P~. .......... io~~ ..................... of ~e afor~Md buildMg. Suffolk County Dcpa~ment of He~th Approv~ ............ ~ .......................... ~ERWRITERS CERTIFICATE NO ..... BUILDING DEPARTMENT TO%'~ OF SOUTHOLD, N. Y. HOUSING CODE INSPECTION REPORT Location. 2745 Wi~kham Aveue (number & street) Subdivision Map No. Name of Owner(s). John R. Albrecht Occupancy., R - 1 (type) Admitted by:. Self KeY availableWickham office Mattituck (Municipality) Lot(s). Unoccupied (owner-tenant) Accompanied by: Self Suffolk Co. Tax No. 1~9-02-00~ Source of reques~ William Wickha~, -Attorney-at-Law Date Sept. 20~ 1979 DW]~LLING: Type of construction Wood framed ~stories. Foundation Cement block Cellar partial ~rawl space · Total rooms, 1st. F1 5 Bathroom(s). One Porch, type Breezeway Type Heat Gas Fireplace(s) Yes Domestic hotwater Yes Other ~nd. Fi .~rd. Fi Toilet room(s). Deck, type. Patio, type. Garage. Utility room · Warm Air Hotwater X No. Exits 2 Airconditioning Type beater ~as ACCESSORY STRUCTURES: Garage, type const. Wood/1 car Swimming pool Other Storage, type const. Guest, type'const. VIOLATIONS Housing Code, Chapter 52 Location Description Art. Sec. .. Kitchen No shut-off for gas stove. V 52-52-Ri Cellar No rail Narrow sten~ ]~t~ ~ II 52-27-B~ cellar Garage Door frame a aide door in poor III 52-~1-C Remarks: Inspected by: ~' .~/~--- Date of Insp. October 1, 1979 Curtis Horton Time start 11:30 end 12:15 E~-CONSULTANTS~N¢- 1329 NORTHSEARD. SOUTHAMPTON, N.Y 11908 631-283-6360 ' X 20' PLOAt · "~ ?ILII',/6 (/yp,) -~'X20'P.A~ 9 -- 4' X 12' r.A,~ 2, Pa~a~: ~W .01' Fl~OrOSel:2 DOCK POI~ PAVII2 ~HLILI'Z ON LONG MAfflqJCK, 5LPPOi. K CO,, NY 5H~1'10P t 10/8/o'5. I~/~/O~ PATRICIA C. MOORE Altomey at Law 51020 Main Road Southold. NewYork 11971 Tel: (631) 765-4330 Fax:: (631) 765-4643 July 27, 2012 Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Tom & Mae Mauri Premises: 1135 Calves Neck Road, Southold SCTM: 1000-63-7-33 Dear President King and members: With reference to the above, my client has offered an alternative and preferred placement of the swimming pool for your consideration. Retaining walls around the patio will avoid the need to re-grade on the property. We have requested that the surveyor provide the retaining wall cross section and stake the location of the retaining walls for your next inspection. Thank you. .~e~-!~¢t r~ yours, Patricia C. Moore PCM/bp encls. C: Mauri DEPARTMENT OF HEALTH SERVICES COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE PERMIT JAMES L. TOMARKEN, MD MSW~ MPH, MBA, FRCPC, FACP COMMISSIONER The attached plan, when duly signed by a representative of the Department, constitutes a permit to construct a water supply and/or collection system for the property as depicted. The applicant should take note of any conditions of approval, which may be indicated on the plan or enclosed herein. Construction must conform with applicable standards including "Standards for Approval of Plans and Construction for Sewage Disposal Systems for Single Family Residences" and "Standards and Procedures for Private Water Systems." Omissions, errors or lack of details on the plan does not release the applicant from the responsibility of having the construction done in conformance with applicable standards. The permit (plan) expires three (3) years after the approval date. Any modifications which may affect the proposed sewage disposal or water supply systems requires submission of a revised plan and additional fees (if applicable) for reapproval prior to construction. NO inspections will be performed by the Department on expired permits. Permits may be renewed, extended, transferred or revised in accordance with the procedures described in "Submission Requirements for Approval of Sewage Disposal and Water Supply Facilities for Single Family Dwellings" (Form WWM-041). It is the applicant's responsibility to call the department at 852-5754, in advance, to arrange inspections of the sewage disposal and/or water supply facilities prior to backfilling. These include inspections of the sewage collection and disposal systems, water supply system components and piping, and final grading as shown on the approved plans. In certain cases, inspections of the soil excavation may be required to determine the acceptability of the soils for sewage disposal systems. The Department must be notified at least 24 hours in advance to schedule an inspection and excavation inspections must be confirmed by calling 852-5700prior to 9:30 A.M., the morning of the inspection. Article VII of the Suffolk County Code, "Septic Industry Businesses," requires that all installers of septic systems within Suffolk County shall possess a valid license from the Suffolk County Office of Consumer Affairs. This office can refuse to perform inspections or grant final approva[ for the construction of projects that are installed by an unlicensed individual. It is, therefore, in your best interest to utilize a cesspool contractor with a valid license to avoid substantial delays in your project. FINAL APPROVAL ISSUED BY THE DEPARTMENT IS NECESSARY PRIOR TO THE OCCUPANCY OF NEW BUILDINGS, ADDITIONS TO EXISTING BUILDINGS, OR FOR THE USE OF SEWAGE DISPOSAL OR WATER SUPPLY SYSTEMS. WWM-058 (REV. 3/07) PAGE 1 OF 2 *DMSION OF ENVIRONMENTAL QUALITY*OFFICE OF WASTEWATER MANAGEMENT+360 YAPHANK AVENUE, SUffE 2C*YAPHANK flY t19~0~ PHONE: (631) 852-5700 F~vc (631) 852-5755 ~,17 & NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-03288 PERMIT Under the Environmental Conservation Law (ECL) Permittee and Facility Information Permit Issued To: DAVID SCHULTZ PO BOX 624 MATTITUCK, NY 11952 (631) 298-9340 Facility: SCHULTZ PROPERTY 2745 WICKItAM AVE ISCTM#1000-139-2-3 MATTITUCK, NY 11952 Facility Application Contact: EN-CONSULTANTS INC 1319 NORTH SEA RD SOUTHAMPTON, NY 11968 (631) 283-6360 Facility Lo,cation: in SOUTHOLD in SUFFOLK COUNTY Facility Principal Reference Point: NYTM-E: 707 NYTM-N: 4541.4 Latitude: 40°59'51.1'' Longitude: 72°32'20.0" Project Location: 2745 Wickham Avenue, Mattituck Authorized Activity: Construct a second story addition over the existing first story, a two story addition, and a porch. Remove the existing wood deck and steps, remove the existing cesspools, install a new sanitary system, relocate the existing water service, and establish a 10 foot wide native planted buffer. All work shall be performed in accordance with the conditions of this permit and the survey plan prepared by Nathan Taft Corwin III last revised on 4/12/11. The portion of the property that is landward (east/southeast) of the 10 foot elevation contour line, as shown on the aforementioned survey plan, is beyond the jurisdiction of Article 25 Tidal Wetlands. Permit Authorizations Tidal Wetlands - Under Article 25 Permit ID 1-4738-03288/00002 New Permit Effective Date: 10/7/2011 Expiration Date: 10/6/2016 Page 1 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-03288 NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and all~ part of this permit. Permit Administrator: JOHN~ WIELA/~, Deput~onal Permit Administrator Address: N~gD~C REQ,i'ON 1 HEADQUARTERS SI)N~ ~ STJ~NY BP~O~IRCLE RD ST q?Y- B ~K, ~ ~!dA~9~ 4~ 09 Authorized Signature: Distribution List EN-CONSULTANTS [NC Habitat - TW DEP File Permit Components NATURAL RESOURCE PERMIT CONDITIONS GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NOTYFICATION OF OTHER PERMITTEE OBLIGATIONS NATURAL RESOURCE PERMIT CONDITIONS - ApPly to the Following Permits: TIDAL WETLANDS 1. Notice of Commencement At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work. z. Conformance With Plans All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or applicant's agent as part of the permit application. Such approved plans were prepared by Nathan Taft Corwin III last revised on 4/12/11, and stamped "N~,/SDEC Approved" on 10/7/11. Page 2 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-03288 3. Establish Vegetated Buffer To protect the values of the tidal wetlands, a permanent vegetated buffer zone shall be established. There shall be no disturbance to the natural vegetation or topography within an area extending 10 linear feet landward of the tidal wetland boundary. 4. Storage of Equipment, Materials The storage of construction equipment and materials shall be confined within the project work area and/or upland areas greater than 100 linear feet from the tidal wetland boundary. 5. Area of Disturbance for Structures Disturbance to the natural vegetation or topography greater than 25 feet seaward of the approved structure is prohibited. 6. Straw Bales or Other at Tidal Wetland A row of staked straw bales or approvable erosion control devices shall be placed at the landward edge of the buffer area or as per the NWSDEC approved plan, prior to commencement of any regulated activities and remain in place and in good, functional condition until the project is completed and all disturbed areas are stabilized with vegetation. 7. Runoff Directed to Upland D rywells Roof runoff shall be directed to drywells a minimum of 55 linear feet landward of the tidal wetland boundary for immediate on-site recharge. 8. Sanitary Systems above Groundwater Sanitary system (bottom of tank and leaching pools) shall be located a minimum of 2 feet above seasonal high groundwater. 9. Seeding Disturbed Areas All areas of soil disturbance resulting from the approved project shall be stabilized with appropriate vegetation (grasses, etc.) immediately following project completion or prior to permit expiration, whichever comes first. If the project site remains inactive for more than 48 hours or planting is impractical due to the season, then the area shall be stabilized with straw or hay mulch or jute matting until weather conditions favor germination. 10. Contain Exposed, Stockpiled Soils All disturbed areas where soil will be temporarily exposed or stockpiled for longer than 48 hours shall be contained by a continuous line of staked haybales / silt curtains (or other NYSDEC approved devices) placed on the seaward side between the fill and the wetland or protected buffer area. Tarps are authorized to supplement these approved methods. 11. No Disturbance to Vegetated Tidal Wetlands There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activities. 12. No Construction Debris in Wetland or Adjacent Area Any debris or excess material from construction of this project shall be completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. No debris is permitted in wetlands and/or protected buffer areas. 13. State May Require Site Restoration If upon the expiration or revocation of this permit, the project hereby author/zed has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may lawfully require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. Page 3 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-03288 14. State Not Liable for Damage The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue fi.om any such damage. 15. State May Order Removal or Alteration of Work If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 16. Precautions Against Contamination of Waters All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. GENERAL CONDITIONS - Apply to ALL Authorized Permits: 1. Facility Inspection by The Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71- 0301 and SA_PA 401(3). The permittee shall provide a person to accomPany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. 2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by ~e Department or any of the terms, conditions or requirements contained in such order or determination. Page 4 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-03288 3. Applications For Permit Renewals, Modifications or Transfers Thc permittec must submit a separate written application to the Department for permit renewal, modification or transfer of this permit. Such application must include any forms or supplemental information thc Department requires. Any renewal, modification or transfer granted by the Department must be in writing. Submission of applications for permit renewal, modification or transfer are to be submitted to: Regional Permit Administrator NYSDEC REGION 1 HEADQUARTERS SUNY ~ STONY BROOKI50 CIRCLE RD STONY BROOK, NY11790 -3409 4. Submission of Renewal Application The permittee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations: Tidal Wetlands. 5. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to exercise all available authority to modify, suspend or revoke this permit. The grounds for modification, suspension or revocation include: a. materially false or inaccurate statements in the permit application or supporting papers; b. failure by the permittee to comply with any terms or conditions of the permit; c. exceeding the scope of the project as described in the permit application; d. newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; e. noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. 6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. Page 5 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-03288 NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility'and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the pemxittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of- way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a patty to the permit. Page 6 of 6 95-20-1 (11~03) -gd New York State Department of Environmental Conservation NOTICE The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law for work being conducted at this site. For further information regarding the nature and extent of the approved work and any Department conditions applied to the approval, contact the Regional Permit Administrator listed below. Please refer to the permit numb_er_sho~w~ln~n~tin~ the DEC. /~' ~i~"~7~' 03~ g ~/~ Regional Perm~Administrator Expiration Date NOTE: This notice is NOT a permit . INathan Taft Corwln III PROPOSED SOUTH ELEVATION EXISTING SOUTH ELEVATION PROPOSED WEST ELEVAT[ON EXIS'r]NG WEST ELEVAT[OI~ PROPOSED EAST ELEVATION EX[STING EAST ELEVATION PROPOSED NORTH ELEVATION SC. ALE: [/'8" = 1' EXISTING NORTH ELEVATION QPROJECT NORTH PR P D .FL OR PLAN I-] OPROJECT NORTH 32 NO T£S. 1. ELEVATIONS ARE REFERENCED TO 1988 N.A.V.D. DATUM EXISTINO ELEVATIONS ARE SHOWN THUS:~ 2. FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP No, 56105C0481H ZONE AE BASE FLOOD ELEVATIONS DETERMINED ZONE X. AREAS DETERMINED TO BE OUTSIDE THE 02% ANNUAL CHANCE FLOODPLAIN 5. EXISTING SEPTIC SYSTEM STRUCTURES SHALL BE PUMPED CLEAN AND REMOVED IN ACCORDANCE WITH S.C.D.H.S. STANDARDS. 4. MIN~MUM SEPTIC TANK CAPACITIES FOR 5 BEDROOM HOUSE IS 1,000 GALLONS. 1 TANK; 8' LONG, 4'-5" WIDE, 6'-7" DEEP 5. MINIMUM LEACHING SYSTEM FOR S BEDROOM HOUSE IS 250 sq ff SIDEWALL AREA. 5 POOLS; 2' DEEP, 8' dim 6. THE LOCATION OBSERVATIONS PROPOSED FUTURE 50% EXPANSION POOL PROPOSED 8' DIA. X 4' DEEP LEACHING POOL PROPOSED 1,000 GALLON OF WELLS AND CESSPOOLS SHOWN HEREON AND/OR DATA OBTAINED FROM OTHERS. SEPTIC TANK ARE FROM FIELD DRAINAGE' SYSTEM CALCULATIONS HOUSE ROOF AREA: 1,527 sq. ff, 1,527 sq. ff. X 0.17 = 226 cu. ff. 226 cu, ff. / 42.2 = 6 vedico[ fi. of 8' dic~. [eoching pool required PROVIDE (5) 8' dia. X 2' high STORM DRAIN POOLS GARAGE ROOF AREA: 375 sq. fi. 578 sq, fi. X 0.17 64 cu. fi. 64 cu. fi. / 42.2 2 verticml ff. of 8' did. lemchtng pool required PROVIDE (1) 8' did. X 2' high STORM DRAIN POOL PROPOSED 8' DIA. X 2' DEEP DRYWELLS FOR ROOF RUN OFF ARE SHOWN THUS: / / / (TEST H(OLE DUG HOUSE ELEV /05~ TOP EL IBV ELj APPROVED PIPE 7.B' m,n PITCH 1/4"/1' PROPOSED SEPTIC SYSTEM DETAIL FINISHED GRADE ELEV 10 D' BIN SEPTIC TANK APPROVED PIPE -INV EL 7B EL DISTRIBUTION POOL OI 5 POOL SYSTEM SEPTIC TANK (1) MINIMUM SEPTIC TANK CAPACITIES FOR A 1 TO 3 BEDROOM DOUSE IS 1,000 GALLONS 1 TANK, 8' LONG, 4'-5" WIDE, 6' 7" DEEP 2 CONCRETE SHALL NAVE A MINIMUM COMPRESSIVE STRENGTH OF 3,GDO psi AT 28 DAYS WALL THICKNESS SHALL BE A MINIMUM OF 5", A TOP THICKNESS OF 6" AND A BOTTOM THICKNESS OF 4" ALL WALLS, B©TqOM APO TOP SBALL CONTAIN REINFORCING TO RESIST AN APPLIED FORCE OF 3OO psi 4, ALL JOINTS SHALL BE SEALED SO THAT THE TANK IS WATERTIGI-IT 5 THE SEPTIC FANE SHALL BE INSTALLED AT LEVEL ]N ALL DIRECTIONS (WITH A MAX TOLERANCE OF +1/4") ON A MINIMUM 3" THICK BED OF COMPACTED SAND OR PEA GRAVEL 6 A 10' mm DISTANCE BETWEEN SEPFIC TANK AND HOUSE SNALL BE MAINTAINED (NOT TO SCALE) GRADE 100' 140' TOP EL 6 T COLLAR DOT EL, 52' GROUND WATER ELEV 22' LEACHING POOLS MINIMUM LEADNING SYSTEM FOR A ] TO ~ BEDROOM HOUSE IS 250 sq ft SIDEWALL AREA 5 POOLS, 2' DEEP, 8' din LEACIWNG POOLS ARE TO BE CONSTRUCTED OF PRECAST REINFORCED CONCRETE (OR EQUAL) LEACHING STRUCTURES, SOLID DOMES AND/OR SLABS ALL COVERS SMALL BE OF PRECAST REINFORCED CONCRETE (OR EQUAL) A 10' min DISTANCE BETWEEN LEACHING POOLS AND WATER LINE SHALL BE MAINIAINED AN 8' mln DISTANCE BETWEEN ALL LEACHING POOLS AND SEPTIC TANK SHALL BE MAINTAINED / / TEST HOLE DATA DY McDONALD GEOSCIENCE ON APRIL 30, 2007) PALE BROWN FINE SAND SP 11' \ 2% SURVEY OF PROPERTY SITUATE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-159-02-05 SCALE 1"=10' MAY 16, 2007 JANUARY 20, 2010 UPDATE SURVEY MARCH 9, 2011 ADDED PROPOSED ADDIDONS APRIL 12, 201/ REVISED MAP OCTOBER 24, 2011 ADDED DISTANCE TO PROPERTY "10 THE SOUTH DECEMBER 6, 2011 REVISE PROPOSED SEPTIC SYSTEM APRIL 50, 2012 ADD NOTE FOR IIOUSE TO BE RAISED 16" MAY I0, 2012 REVISE NOTES TOTAL AREA 7,280 sq. ff. (TO TIE LINE) 0.167 aC. UPLAND AREA = 7,141 sq. ff. WETLANDS AREA = 159 sq, ft, EXISTING LOT COVERAGE OVER UPLAND AREA (7,!41 sq. fl.) DESCRIPTION AREA I= LOT COVERAGE EXIST. HOUSE 1,079 sq. fi. 15.1% EXIST. WOOD DECK 228 sq. ff. 3,2% EXIST. GARAGE ~75 sq. fi. 5.2% TOTAL EXIST, 1,680 sq. ff. 23.5% PROPOSED LOT COVERAGE OVER UPLAND AREA (7,~4! si if) DESCRIPTION AREA % LOT COVERAGE PROP. HOUSE 1,267 sq. ff. 17.8% PROP. PORCH 60 sq. fi. 0.8% EXIST. GARAGE 578 sq. fi. 5.2% TOTAL PROPOSED 1,700 sq. ft. 25.8% EXISTING LOT COVERAGE OVER ADJACENT AREA (AREA BETWEEN LANDWARD WE~LANDS LANE AND 10' CONTOUR LINE 5,115 sq f~) DESCRIPTION AREA % LOT COVERAGE EXIST. HOUSE 1,079 sq. fi. 21.1% EXIST. WOOD DECK 228 sq. ft. 4.5% TOTAL EXIST. 1,507 sq. fi. 25.6% PROPOSED LOT COVERAGE OVER ADJACENT AREA (AREA BETWEEN LANDWARD WETLANDS LANE AND !0' CONTOUR LINE - DESCRIPTION AREA % LOT COVEBAOE PROP. HOUSE 1,267 sq. ff. 24.8% PROB. PORCH 60 sq. ff. 1.2% 1,327 sq. ff. I 26.0% TOTAL PROPOSED TRE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISPIEO BY THE LI AND ADOPTED TITLE Nathan Taft Corwin III Land Surveyor PHONE (651)727 2090 Fax (631)727 1727