Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
West Lake Association, Inc
James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall Annex 54375 Main Road P.O. Box 1179 Southeld, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD September 19, 2012 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 RE: WEST LAKE ASSOCIATION, INC. WEST LAKE CHANNEL, SOUTHOLD SCTM# 90-1-11 Dear Ms. Moore: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, September 19, 2012 regarding the above matter: WHEREAS, Patricia C. Moore, Esq. on behalf of WEST LAKE ASSOCIATION, INC. applied to the Southold Town Trustees for a permit under the previsions of Chapter 275 of the Southold Town Code, the Wetland Ordinance, original application dated August 1,2012, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, Public Hearings were held by the Town Trustees with respect to said application on August 22, 2012 and September 19, 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, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the request for a 10 year maintenance permit to dredge the channel as applied for, does not comply with the standards set forth in Chapter 275 of the Southold Town Code, and, WHERAS, the Board has determined that the application to maintenance dredge the channel for up to 10 years, will have a detrimental effect upon the health, safety and general welfare of the people of the town, and pursuant to Chapter 275-12 H. of the Southold Town Code, the proposed operations may substantially weaken or undermine the lateral support of other lands at the entrance of the canal, and, BE IT FURTHER RESOLVED that the Board of Trustees DENIES WITHOUT PREJUDICE based on no action the application of WEST LAKE ASSOCIATION, INC. for a 10 year maintenance permit to dredge the channel to -3 ALW and truck soil to an upland site; and as depicted on the hydrographic map received on August 1,2012. This is not a determination from any other agency. Very Truly Yours, ing, Presideny Board of Trustees -- JFK/eac 1 2 3 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 36 ZBA Town of Southold - June 30, 2010 going to be blocking that right of way, we're not going to be interfering the right of way to the extent those rights exist to any other adjacent property owner or member of the Association, they will have those rights. So I don't -- I understand there were one or two letters submitted by people who raised an issue as to whether or not the driveway or anything else would interfere with the right of way, it will not. If anything, it will actually improve the access for those people who have existing rights in the right of way because where now it's just this grassy area it will now be improved with a gravel driveway. So to the extent that anybody has a right, it will not be interfered with. To the extent that anybody doesn't have a right to use that, there's no impact of that because there's no interference with their rights at all. So I think that is an issue which is really not necessary for consideration by the Board. At this time, Joseph Fischetti. professional engineer. I'd like to introduce Mr. Fischetti is a I'd also like to -- I Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 37 ZBA Town of Southold - June 30, 2010 think this Board is in fact familiar with Mr. Fischetti before, but for purposes of the record, I have a CV I'd like to offer for him, if I may. CHAIRPERSON WEISMAN: Thank you. MR. FISCHETTI: Good morning, members of the Board. Joseph Fischetti, Hobart Road, Southold. CHAIRPERSON WEISMAN: Good morning. MR. FISCHETTI: I was retained by Mr. Moy to complete architectural designs for a modest home on that property because of the recent changes, recent September changes in the FEMA requirements we had our FEMA zone change from an A zone to a B zone, which required the house to be designed on piles. I inspected the property and the bulkheading and the bulkhead is in very good condition. The piles themselves are friction piles and will not have any affect on the bulkhead during the construction or support of the home. Access to the property is very easy, should have no problem with the construction. We've designed a retaining wall around the sanitary system which is a requirement because Pugliese Cou~ RepoSing and Transcri~ionSe~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 38 ZBA Town of Southold - June 30, 2010 of the high water table and the requirement for keeping the bottom of the sanitary system two feet from groundwater and that's the reason for the retaining walls and the additional soil conditions. I'd be glad to answer any additional technical questions that have to do with this project. CHAIRPERSON WEISMAN: would that conclude the formal presentations that the applicant wants to make so I'll open it up to questions from the Board. MR. ROSENBERG: Yes, Madam Chairperson. The only thing I would like to obviously reserve some time if there are any comments from anybody in the audience to respond to that. CHAIRPERSON WEISMAN: Sure. Certainly, no problem. MR. ROSENBERG: Thank you. CHAIRPERSON WEISMAN: Who had a question? MEMBER HORNING: Mr. Barron -- who is this fellow here? MR. ROSENBERG: Mr. Rosenberg. MEMBER HORNING: Rosenberg, sorry. PuglieseCou~ Reportingand T~nscriptionSe~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 39 ZBA Town of Southold - June 30, 2010 MR. ROSENBERG: No problem. MEMBER HORNING: I'm curious, can you just give us a brief synopsis of this court case decision regarding the issuing of the LWRP? MR. ROSENBERG: The Board of Trustees originally turned down the application for consistency findin§ under the LWRP. We objected to that, we commenced a proceeding in Supreme Court and we were successful. Justice Rebolini granted our petition and found that the Board acted arbitrarily and capriciously, not your Board, the Board of Trustees, in denying that permit. The Town then appealed it and the Appellate Division affirmed the finding of Supreme Court finding that the Board had acted in arbitrary and capricious manner and granted -- directed the Board to grant the LWRP permit, which it did. There were some issues raised there which I think were relevant to this application, but there was a question for example about the possible impact of the sanitary system on the lake and the Court found that to be unwarranted objection because there's no basis PuglieseCourtRepo~ingand TranscriptionService (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 40 ZBA Town of Southold - June 30, 2010 for it and the design had in fact been made so that there would be no adverse -- potential adverse or significant adverse impact. There were some questions raised by the Objectants at the time concerning West Lake Road, those were also found not to be warranted for any basis to dispute the LWRP consistency finding. There were questions of procedure, the fact that Mr. Terry, who had originally initialed the consistency finding, the Board of Trustees then decided to go out and get another expert not only to render a different opinion and the Court found that to be inconsistent with the normal procedure and for all those reasons the Court found that the LWRP permit should have been granted and in fact it was, which then gave us the ability to come back here. Again, I would only point out, as Mr. Anderson is already emphasized, that this is a pre-existing lot so there's no question of self-created. The hardship in fact was created when the Town's zoning code evolved with a lot that they've owned in single and separate ownership now for more than 40 years and this -- in fact, the lot was originally PuglieseCou~ Repo~ingand Transcri~ionSe~ice (631)878-8355 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 41 ZBA Town of Southold - June 30, 2010 mapped back I think in 1927. So certainly until these new imposition -- the new imposition of the new and more sophisticated zoning requirements came into play this never would have been an issue and it's -- that's why it is not self-created and that's why we believe we have a very meritorious case on the basis of the pre-existing nature of the lot and the prior nonconforming use of the lot and the single and separate ownership of the lot for the past 40 years, but certainly we have done everything we can to mitigate any possible concern. Again, as Mr. Anderson pointed out there is not one home that we found adjacent to the bulkhead that is in fact within the 75-foot current limit which didn't exist at the time we acquired the lot and in fact the house on the other side of the inlet is going to be closer to the inlet bulkhead than our home will be. To the extent that there was any concern, any construction ~raffic or anything like that, we'll be able to access the house from the east so we won't be going near the PuglieseCou~ Repo~Jngand TranscriptJonSe~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 42 ZBA Town of Southold - June 30, 2010 bulkhead. We'll be able to have the access come right through the adjacent property. We have the adjacent property's permission, which as you probably know, is a related party, but it's single and separate ownership. So we're not going to be running any construction trucks right up against the bulkhead although Mr. Fischetti and both the Soil and Conservation District have indicated that the bulkheads are all in very good condition. MEMBER HORNING: (Inaudible). We have in the application file here the letter and the permit from the Board of the Town Trustees dated July 22, 2009 which approves the project, if I'm looking at MR. ROSENBERG: Right, Court's decision. MEMBER HORNING: it correctly. that was after the Right and we have another letter from the local Waterfront Revitalization Program dated June 21, 2010, which finds it consistent. MR. ROSENBERG: Correct. MEMBER HORNING: Are these the only two documents that are pertinent to the case right now -- PuglieseCou~ Repo~ingand T~nscrJptionService (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 ZBA Town of Southold - June 30, 2010 MR. ROSENBERG: MEMBER HORNING: regard? MR. ROSENBERG: NO. -- would you say in that In the application we also have a wetlands permit from the Department of Environmental Conservation, which I think would be persuasive to your determination, that they have also found that this proposed structure is consistent with their own regulations and guidelines for the issuance of a wetlands permit. MEMBER HORNING: I meant in regard to this court case decision that you were talking about, regarding the issuance of a consistency document from the LWRP and the Town Trustees, all that had been cleared up and these -- MR. ROSENBERG: Yes. MEMBER HORNING: -- documents relate to all of that clarification, the Trustees has approved the project. MR. ROSENBERG: Right. MEMBER HORNING: The LWRP has issued a letter of consistency. MR. ROSENBERG: Correct. MEMBER HORNING: Thank you. Pugliese Court Reporting and Transcription Service (631) 878-835S 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ZBA Town of Southold - June 30, 2010 MEMBER GOEHRINGER: Also sir, there are no other appeals pending from the Town of Southold regarding this from the other prior Boards? MR. pending, In fact, ROSENBERG: There is no other appeal there's no other application pending. now that we have the LWRP permit we're here for the variance application and hopefully if that is resolved we will submit the application for the building permit. MEMBER GOEHRINGER: Can I ask a question of Mr. Fischetti? MR. ROSENBERG: Sure. MS. RICHMOND-GERSHON: Mr. Fischetti, how are you this morning? MR. FISCHETTI: Pretty good, thank you. MEMBER GOEHRINGER: Two quick questions, you mentioned the types of pilings that were going to be driven, what did you call those? MR. FISCHETTI: Friction piles. MEMBER GOEHRINGER: Okay, what does that mean? MR. FISCHETTI: Basically there's the piles themselves support the structure by the friction of the pile. PuglieseCou~ Repo~lngand T~nscrJptionSe~ice (631)878-8355 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 45 ZBA Town of Southold - June 30, 2010 MEMBER GOEHRINGER: Okay. MR. FISCHETTI: What we do is we hammer the pile down with a rig that's consistent and we find out exactly how much that pile can hold. So it's held by friction and not by any loadings other than that so there's really no lateral loads that are going to affect the bulkheading on this house. MEMBER GOEHRINGER: I just came in contact with the reconstruction of the inlet down there by Atlantis recently and my question to you is the installation of these pilings is this going to cause any negative effect to the houses, more particular to the house to the east? MR. FISCHETTI: No, none at all. MEMBER GOEHRINGER: When you're driving them? MR. FISCHETTI: Not at all. MEMBER GOEHRINGER: driven situation? MR. FISCHETTI: Yes, This is strictly a it is. It is a driven situation there are vibrations, but they don't permeate that far out from the piles themselves. Pugliese Cou~ Repo~lngand TranscriptionSe~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 46 ZBA Town of Southold - June 30, 2010 MEMBER GOEHRINGER: Okay, the other issue in reference to the sanitary system, you know, we've had many comments from you and many changes on prior applications and I consider you to be somewhat of an authority in reference to the position of these sanitary systems and you've been very helpful in some of these situations. Can this present septic system and the -- I refer to it as the (inaudible) system or the cement walls that are going around it, is this going to be elevated above grade or is it going to be pretty much on grade? MR. FISCHETTI: Yes. I don't remember how high up. I think actually we've -- I've eliminated a large portion of some of the -- which we had originally had, so we need to elevate I think it's maybe 50 percent of the area is really what's required and some of that is only two feet above grade. So it is above grade because we have to elevate these tanks so that the bottom of the tanks are a certain distance from the ground water. So yes. MEMBER GOEHRINGER: And of course the PuglieseCou~ ReportlngandTranscriptionService (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 47 ZBA Town of Southold - June 30, 2010 reasoning for me asking that question was that in a normal situation we could put drive-over covers on them and they could be used as a portion of access to the parking area or whatever the case is and you're telling me in this particular case that is not -- MR. FISCHETTI: Well, first, one of the requirements from the Health Department is that the sanitaries not be placed in driveways. That would require, if I placed it in the driveway, we would have to get another variance from the Health Department, but I'd have to tell them that there wasn't any other place to put them where there really is. So these have been designed so that they're not placed on a driveway and they're out of the driveway area. MEMBER GOEHRINGER: So it's your opinion that and I'm asking -- it is your opinion that this is the best place and maybe the only place that this sanitary system could go? MR. FISCHETTI: That's correct and I've tried to put it in its best place, that it met all the requirements of the Health Department with this design. PuglieseCourtRepo~Jngand T~nscri~JonSe~Jce (631)878-8355 t 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 48 ZBA Town of Southold - June 30, 2010 MR. ROSENBERG: Mr. Goehringer on the Plan, which Mr. Fischetti prepared, there is an elevation showing the top of the retaining wall by the septic tank and I was just -- he can specify it for you. MR. FISCHETTI: Yeah, we've kept the -- the retaining wall is basically about 18 inches, it refreshes my memory cause I remember it to be about one foot or two feet. There are a couple of requirements for that retaining wall where the pitch from the top of the wall -- let me step back. The requirement for the retaining wall comes from the requirement that the pitch from the top of the sanitary system is to be 5 percent. If you can't keep that 5 percent within 20 feet, then you have to have a retaining wall and because of the -- that's the reason because we were constricted that was the reason for the retaining wall. As you can see, we've tried to locate that outside this is the only place be located. MEMBER GOEHRINGER: the driveway area, so that the sanitary can And the natural material in an around that area that whole Pugliese Cou~ Reporting and Transcription Service (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 49 ZBA Town of Southold - June 30, 2010 system is usually some sort of sand bank run consistency. MR. FISCHETTI: Yes, we do have, yes, sandy soil. We do have -- MEMBER GOEHRINGER: I meant the top of the retaining wall. MR. FISCHETTI: oh, the top of the retaining wall. MEMBER GOEHRINGER: Yes, as a finished product, that's what I've seen in most of these. Is that usually what's going to be done now? MR. FISCHETTI: You want to keep a permeable soil all around that -- MEMBER GOEHRINGER: Right. MR. FISCHETTI: -- all around those leaching pools. MEMBER GOEHRINGER: Right. MR. FISCHETTI: The top of it would be topsoil. MEMBER GOEHRINGER: Oh you're putting top soil. MR. FISCHETTI: Yeah. MEMBER GOEHRINGER: So it could be planted then? PuglieseCou~ Repo~ingand TranscriptionSe~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 50 ZBA Town of Southold - June 30, 2010 MR. FISCHETTI: Yeah, it will be planted. The top will be planted, it could be grass area, it could a nice area, but it doesn't have to be -- MEMBER GOEHRINGER: But it will be approximately 18 inches above grade? MR. FISCHETTI: Yes, at the highest point, yes. MEMBER GOEHRINGER: much. Okay, thank you very CHAIRPERSON WEISMAN: Okay, I have setback questions actually, so whoever wants to address that whether it's Joe or counsel or Bruce. MR. ROSENBERG: I'll try and if not I'll call on Mr. Anderson or Mr. Fischetti. CHAIRPERSON WEISMAN: Okay, well Mr. Anderson's aerial view shows 22 feet and 27 feet from the bay bulkhead. MR. ROSENBERG: Yes, I see that. CHAIRPERSON WEISMAN: Okay. The survey it's -- on the Notice of Disapproval is saying 31 feet, which according to the survey looks like to the corner of the deck where the 26.3 or the 27 feet are to the steps, proposed Pugliese CourtRepo~ingand Transcri~ionSe~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 51 ZBA Town of Southold - June 30, 2010 steps. MR. ROSENBERG: Right. CHAIRPERSON WEISMAN: Okay, so I just want to clarify that the dimension of 31 feet is to the corner of the deck, whereas here it would look like it's being shown at 27 feet on this aerial? MR. ROSENBERG: Madame Chairwoman, I'd like to stress to you Bruce did this late yesterday for presentation purposes and I think he did that not to -- I don't want to say it's to scale, but the survey, the actual application is the 31 feet which is the correct one. CHAIRPERSON WEISMAN: MR. ROSEN-BERG: And I Okay. think that's more from him just using the satellite map to -- CHAIRPERSON WEISMAN: Yes. I just want to make sure these numbers are consistent that's all. MR. ROSENBERG: Right. CHAIRPERSON WEISMAN: So that's an approximation, the survey and the Notice of Disapproval is accurate at 31 feet to the corner of the proposed raised deck. Pugliese Cou~ Repo~ingand Transcription Service (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 52 ZBA Town of Southold - June 30, 2010 MR. ROSENBERG: Yes, correct. CHAIRPERSON WEISMAN: And the other dimension is to the steps, which is 26.3 and 22.7 there. Okay. So that was one question. The other question that I have is with regard to the proposed driveway. MR. ROSENBERG: Yes. CHAIRPERSON WEISMAN: And I see that the proposal begins the gravel driveway actually on the -- in front of along the easement, let's call it or the access way in front of the adjacent property and continues along and then curves onto the subject property. MR. ROSENBERG: Correct. CHAIRPERSON WEISMAN: Okay. I don't seem to see many other driveways of any kind along -- on these properties. It all seems to be pretty much grassy area that people are just pulling up on. Can you explain why that long driveway that is not on the subject property is proposed as opposed to accessing it simply by the existing right of way? MR. ROSENBERG: Right now it is a grassy area because nobody really goes to the west of that last existing home. I think in PuglieseCou~ Reportingand TranscriptionSe~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ZBA Town of Southold - June 30, 2010 consideration of both the existing home that's there and for the ease of use of the applicant there should be some gravel driveway put down there because otherwise I think you'd end up with muddy ruts especially, you know, after it rains or anything like this. This will allow the driveway to be maintained in a safe condition without tripping hazards or without ruts or without potholes and it would allow for any water that would otherwise go on a mud tire track to accumulate. This way the gravel will allow it to percolate down. CHAIRPERSON WEISMAN: Well, let's -- well, go ahead, talk to me a little bit more about that. MR. ANDERSON: I just want to add one additional point. I believe it is the Building Department's requirement that driveways be ~inished minimally with gravel in the context of any building project. CHAIRPERSON WEISMAN: All right, well the driveway that's on the premises, okay, on the subject property. I'm talking about the proposed gravel that is not on the subject property and -- PuglieseCourtRepo~ingand TranscriptionSe~ice (631)878-8355 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 54 ZBA Town of Southold - June 30, 2010 MR. ANDERSON: Right. C}{AIRPERSON WEISMAN: Okay. MR. ANDERSON: It's consistent with what we have next door and you'll see if you would go to the aerial view you can see that structure setback 55 feet from the bulkhead. MR. ROSENBERG: Two lots to the east of the subject property. MR. ANDERSON: That's actually the other Moy lot, that's a garage and you'll see that the stone driveway that goes out into the right of way so we're basically just extending that. CHAIRPERSON WEISMAN: Okay. Well, I'll come back. MEMBER GOEHRINGER: Bruce, here's the problem, okay, we had an application similar to this over on Gin Lane. This application has not been denied for 280A, which is improved access, okay? It is to the benefit of any applicant to deal with 280A for access to this particular piece of property, not necessarily the interior access of it, as the Chairperson has discussed, but at least to the tangent of the property, all right, and this PuglieseCourtRepo~ingandTranscriptionSe~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 55 ZBA Town of Southold - June 30, 2010 is an issue that has not been addressed, okay, to date on this application and it can be dealt with two ways. Okay, it can be dealt with by rewriting the Notice of Disapproval and indicating after going to the Building Department and requesting a 280A access which is really the proper way to do it because you're never going to get a CO without a 280A access. Okay. That means meeting New York Town Law minimum standards, okay, for fire and emergency vehicles. All right and that's what needs to be done in my particular opinion. I am only one Board member and so I am just mentioning it, I'm throwing that out to you, okay. MR. AIqDERSON: You do know that as you read State Law 280A that I believe its 10 feet is presumed adequate for purposes of emergency access. MEMBER GOEHRINGER: We're not raising what the width is for one house. Okay, I am only raising what the bed has to look like to support emergency vehicles. We're talking 30 to 40 ton, excuse me, 30-40,000 pound vehicles. Okay, 24 hours a day 7 days a week, PuglieseCou~ ReportingandTranscri~ionSe~ice (631)878-8355 ZBA Town of Southold - June 30, 2010 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 okay, 365 days a year. MR. ANDERSON: Well, maybe Mr. Fischetti can speak to that. MEMBER GOEHRINGER: Pardon me? MR. ROSENBERG: Mr. Goehringer, I would also like to suggest that if the Board is favorably inclined to grant the application and make that a condition, whatever the condition is if it's state highway or any commercial -- MEMBER GOEHRINGER: We may not be able to do that because you have not -- it has not been addressed in the Notice of Disapproval and that's why I'm suggesting -- my suggestion, I'm not speaking for the Board, I'm suggesting that you go over to the Building Department and do that, but that's entirely up to you, okay? I, you know, issues that come up, again, this is a strictly democratic organization, okay, there are some people that don't believe that, some people that do believe it. I'm telling you as a fireperson for 43 years, okay, and I certainly believe it and I certainly attest to it and I have to tell you Pugliese Cou~ Repo~ingand TranscriptlonSe~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ZBA Town of Southold - June 30, 2010 57 that in the past application that we had over on Gin Lane, that person had a 280A and they were able to get a CO on their property. On their property, okay, I'm not positive that's going to happen here. Okay, you may come back in a subsequent application and I'm just mentioning it to you. Okay? MR. ROSENBERG: Mr. Goehringer, if I could ask, and again the Chairperson, though I do many of these hearings I have not had the honor of appearing before this Board before, but frequently when a Board imposes a condition or if, in fact, there is a condition for a CO which we would have to deal with the Building Department, this is the application for a variance on certain setback requirements. Certainly if there is an additional requirement that we need to get a CO, the Building Department would, I'm sure, bring that up and I'm even further suggesting that my client would be prepared to make, accept any condition that you would impose that requires us to comply with whatever reasonable requirement the Board has. Again, we're on the application before the Board Pugliese CourtRepo~ingand Transcription Se~ice (63~)878-83S5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 58 ZBA Town of Southold o June 30, 2010 right now for the variance for the setbacks and I think it would be an unnecessary burden on my client to first have to get a disapproval and then come back again because this issue can be handled either by condition or strictly through administrative and ministerial task of the Building Inspector and it's when the building permit is issued and when the CO is issued to make sure that the road or the driveway that we have complies with whatever town or state requirements there are. MEMBER GOEHRINGER: I could not agree with you more, okay. Except for the fact that without the Notice of Disapproval saying it must meet 280A standards, we don't have the ability to go to the Town Engineer and say this is what we propose in reference to, meaning from this Board, okay, and we need you to review those. We have a new law which reflects of course the issue that Mr. Anderson so eloquently stated and that was that all water runoff be maintained on the property and so is the particular case and I honestly believe that no piece of property is flat, PuglieseCou~ Repo~ingandTranscriptionSe~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 59 ZBA Town of Southold - June 30, 2010 okay. So therefore if some minor little drainage is required by the Town Engineer it would behoove you and your client and all of these wonderful people that came before us today to be aware of the fact that we need a plan, okay, to get to this property and the plan that we need is New York Town Law 280A, which is approved access. So that's just my suggestion to you and I'll leave you with that particular point. I don't mean to belabor this. MR. ROSENBERG: And we certainly appreciate that and we will do whatever we have to do to comply with that. I would only remind the Board and counsel of the Board that I appreciate the concern, but I think procedurally since we have the disapproval of the Building Department application and it raises these two things that we are here before this Board today and we've made our presentation based upon those two, I'm prepared to go even further and suggest that we shall do what you have requested, but I don't know if that would be a basis for this Board to either defer or deny or delay the PuglieseCourtReportingandTranscriptionSe~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 60 ZBA Town of Southold - June 30, 2010 consideration of the application as it presently exists. CHAIRPERSON WEISMAN: I think this is just point of information and -- MR. ROSENBERG: Yeah, I -- CHAIRPERSON WEISMAN: -- we'll proceed as applied for; however, I -- MR. ROSENBERG: We've accepted that and we will certainly consider that and do whatever we have to to satisfy emergency services and the highway. CHAIRPERSON WEISMAN: I want to see if other Board members have questions. MEMBER DINIZIO: Well, certainly the access and that state law have hazard standards, hazard standards for how an access way has to look for one house or five houses and how wide it has to be and all that is written in there now. I mean I can only assume that the Building Inspector is going to make you comply with that anyway. Now, whether or not you have to come before the Zoning Board for that access, I'm not quite understanding Jerry's point of view, but he honestly every time that he's asked for PuglieseCou~ Repo~ingand TranscrJptJonSe~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 61 ZBA Town of Southold - June 30, 2010 it seems to come back. So you know -- and I've never understood it, but again if it's -- and I agree that if it's not in the Notice of Disapproval I don't know how, why we'd consider it. I would just state that we are independent minded people, all five of us, and we all come to our reasoning independently and it may behoove you just to get it from the Building Inspector, you know, ask him and let us know what he says. MR. ROSENBERG: To me it almost sounds, in no way minimizing the situation, but at this point for example the insulation in the attic and the insulation between the walls, I mean if we require R-19, we're going to have to do R-19. MEMBER DINIZIO: MR. ROSENBERG: Yeah. The Building Department if we don't have it won't give us the CO or when they look at the plans and it's not specified on the plans, we won't get a building permit. MEMBER DINIZIO: Yeah, well particularly access to the property. I've been on the Board for over 20 years, okay, with Mr. Pugliese Court Reporting and Transcription Service (631) 878-8355 62 ZBA Town of Southold - June 30, 2010 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 Goehringer, he's been longer, and I can only say that any time that Mr. Goehringer has brought 280A up, okay, we wind up seeing it. MR. ROSENBERG: that. MEMBER DINIZIO: And we will comply with So you know I just think that, you know, that that should be all that's said about it and come on back, you know, or send us a letter, tell us what the Building Inspector said cause we do follow his lead. MR. ROSENBERG: Okay. MEMBER HORNING: Sir, one -- I'll seek another clarification for the record, based on the aerial photograph showing the Moy property and the inlet and everything, the adjacent parcel and I think you stated already was Mr. Moy's also? MR. ROSENBERG: Yes -- MEMBER HORNING: with the building lot -- the building already built? MR. ROSENBERG: Correct. MEMBER HORNING: So and he is in agreement with the access and improvement, if necessary, of the right of way to meet state standards; is that correct? PuglieseCou~ ReportingandTranscri~ionSe~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 63 ZBA Town of Southold - June 30, 2010 MR. ROSENBERG: Yes, he is. MEMBER MORNING: Okay, thank you. MEMBER GOEHRINGER: The last question I have is -- go ahead, Ken. MEMBER SCHNEIDER: You said the adjacent property is also owned by the applicant? MR. ROSENBERG: No, it's to owned by the applicant. MEMBER SCHNEIDER: asked? MEMBER HORNING: MR. ROSENBERG: Is that what you No. The adjacent property, the applicant is Mrs. Sim Moy and the adjacent property is owned by Mr. Dai Moy, her husband. MEMBER SCHNEIDER: Okay. MEMBER HORNING: Ri§hr, but they are in agreement to upgrade the road to meet -- MR. ROSENBERG: Yes, in fact, the Moys are present in the room. MEMBER SCHNEIDER: Okay. MR. ROSENBERG: Yes. MEMBER HORNING: Okay. MEMBER GOERRINGER: The last question I have is the issue of elevation of the house at present grade so that we can discuss the issue PuglieseCourtRepo~ingandTranscriptionSe~ice (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 64 ZBA Town of Southold - June 30, 2010 of the deck. What will be the finished grade of elevation that the house will be at it's highest point to the first floor? MR. ROSENBERG: I'm looking at the survey here and Joe maybe you can answer the question, it looks like the first floor elevation will be at 14 feet. MR. FISCHETTI: I think that was raised because of the FEMA requirements. MR. ROSENBERG: It was previously at 11 and they raised it now to 14. MEMBER GOEHRINGER: So it's going to be 14 feet out of the ground? MR. FISCHETTI: No, 14 feet elevation. MEMBER GOEHRINGER: Elevation of 14, what's the lowest floor from grade in your opinion, Joe? MR. FISCHETTI: The height. MEMBER GOEHRINGER: The height so to speak. MR. FISCHETTI: From the grade right now that would be (inaudible). MR. ROSENBERG: MR. FISCHETTI: MR. ROSENBERG: 7-1/2 or so? 7-1/2. So it would be about Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 65 ZBA Town of Southold - June 30, 2010 1/2 feet. MEMBER GOEHRINGER: 6-1/2 feet up. MR. ROSENBERG: I'm looking, don't forget, FEMA required that for any possible potential for flooding underneath the house. MEMBER GOEHRINGER: Yup. MR. ROSENBERG: I'm looking for example at a couple of the elevations on the survey where it shows 7.3, 7.5, 6.9. So if that's the existing elevation and the first floor elevation will be 14, there's roughly a 6-1/2 foot difference. MEMBER GOEHRINGER: Right. Thank you. MEMBER SCHNEIDER: Where's -- I'm sorry, where's the elevation 7.3? MR. ROSENBERG: Mr. Schneider, you have the same map I'm looking at. MEMBER SCHNEIDER: Yeah. MR. ROSENBERG: For example, the lower right hand corner is elevation 7.5. I'm looking over here where there's a well right here of the inlet, it says 6.91. I see -- MEMBER SCHNEIDER: Okay, I see 7.5 now. Okay. MR. ROSENBERG: Yeah, okay. Pugliese Cou~ Repo~ingand Transcription Se~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 66 ZBA Town of Southold - June 30, 2010 It looks like there's a 2 or 3-foot range in the elevation on the existing lot now. CHAIRPERSON WEISMAN: I'd like to hear if there's anyone else in the audience that would like to address this application. Please come forward and state your name for the record at the microphone. MR. G UNN: Thank you. My name is Peter Gunn. I live at 2145 Little Peconic Bay Lane in Southold and also on West Lake. I'm also the President of the West Lake Association, as such I've written a letter to the Board -- I think the Board is in receipt of it -- with a number of concerns. I don't want to bore the Board or the audience with that letter per se, but I do have a couple of questions to try to clarify the numbers that are being shown as elevations and distances on this drawing before you today and the one question I have is we just heard that the elevation difference from the 14-foot finished first floor elevation to the grade in the front of the house is 6-foot differential and I would ask Mr. Fischetti does that platform or stoop as shown on the drawing -- I PuglJeseCou~ Repo~ingandTranscrlptionService (631)878-8355 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ZBA Town of Southold - June 30, 2010 67 think it shows it to be 4 feet plus the stairs coming down, which will be about another 8 feet, actually project the entire house forward to the 12 foot, according to the drawing here. I don't believe that the numbers shown as setbacks to the stair and setbacks to the platform agree with that -- those computations. I would just like to ask Mr. Fischetti to see if he can explain this or CHAIRPERSON WEISMA~: Did you want clarification of what the setbacks from the deck and from the steps that lead to the deck from the bulkhead are? MR. GUNN: Well, not -- no, it's from the -- I'm talking out in the front of the house. CHAIRPERSON WEISMAN: In front, okay. MR. GUNN: Well, I call it the road front. CHAIRPERSON WEISMAN: The road front, okay. MR. GUNN: Okay. CHAIRPERSON WEISMAN: Yes. MR. GUNN: That was one of my major concerns and my other concern was with regards PuglieseCourtRepo~ingandTranscriptionService (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 68 ZBA Town of Southold - June 30, 2010 to the drive. It is a double drive on the side and it comes extremely close to the dug inlet bulkhead and Mr. Fischetti says that the bulkheads were in good condition. Was he referrin§ to all bulkheads or was he just referring to the bay front bulkhead? I think that really needs clarification and the other issue that I bring up is that if you drive into this driveway how do you get out? Do you back all the way out or do you in some way turn around without -- CHAIRPERSON WEISMAN: Winding up in the MR. GUN-N: -- winding up in the drink? CHAIRPERSON WEISMAN: Perhaps we'll see - who's representing the applicant would like to address that particular issue or those issues? MR. ROSENBERG: I think I'll ask Mr. Fischetti to address a couple of things, but I would say and again Mr. Gunn was -- I was unsure whether he was talking about setbacks. Originally he was talking about elevation. I would say regarding the elevation that the total height of the house, with the elevation Pugliese CourtReportingand Transcription Se~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 69 ZBA Town of Southold - June 30, 2010 that's required under FEMA, is going to be well below the height limitation of the zoning ordinance. So we're not asking for any relief from that whatsoever. CHAIRPERSON WEISMAN: Okay. MR. ROSENBERG: As far as the turning movements, Mr. Fischetti -- MR. FISCHETTI: If I could comment again on the elevation level, which is what Mr. Gunn was really concerned about, the elevations. When I stated the elevations we have the new sanitary system on this profile, you have on the survey, is elevation 8. So we're going 14, that's 6 feet. So basically the whole front yard has been raised because of the §rade of the sanitary system. So the existing grades that are there already are around 5-1/2 and 6. We're raising those to 8 and we're, again, we're 14. He raised a good point. This is a complicated project we probably would have a turnaround. So maybe the dotted lines that are shown there, we would probably have a turnaround so that you don't back out. That's up to the obligation of the, you know, of the PuglieseCou~ Repo~ingandTranscriptionSe~ice (631)878-8355 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 70 ZBA Town of Southold - June 30, 2010 final designs of the driveway itself and there's enough room in here to do turnarounds. That's not in there and I won't even address it at this point. As to the driveway being close to the bulkheads, yeah, that's fine. I don't see it as a problem. The bulkheads are in good condition, both the dug inlet and all the way around. So that having a car drive within 2 feet of the bulkhead will not cause the bulkhead any damage. So those are my -- CHAIRPERSON WEISMAN: Let me ask a question cause I too had some concern when I was inspecting the site about the proposed, which I am now learning, despite the fact that it is on the survey, your opinion. MR. FISCHETTI: is not final designs in Well, as I said, the point is the turnaround. If the Board wants an actual exact drawing of the pervious driveway on the property line, we have the access coming in here, we might have to -- I would not want them to back out and I guess that's probably an error on my part or an error that we just eliminated. Normally you Pugliese Court Reporting and Transcril~tion Service (631) 878-$355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 71 ZBA Town of Southold - June 30, 2010 would have an area where a car could do a two- point turn and then turn around. I have not analyzed that, so the -- CHAIRPERSON WEISMAN: I think that's something that would be very important. MR. FISCHETTI: Sure. CHAIRPERSON WEISMAN: Another thing is the possibility of a -- it's not terribly wide, but nonetheless a -- MR. FISCHETTI: But for clarification I'm saying that we have the room in here to do it. CHAIRPERSON WEISMAN: Yes, you do. MR. FISCHETTI: As the attorney says, we can back out into the easement and make the turn around, it does not show it. MR. ROSENBERG: MR. FISCHETTI: MR. ROSENBERG: The right of way. The right of way. Which we have unfettered access to. To me it looks almost like a one- family home with a single driveway. I back out into, instead of what would be the street, you'd back out into the right of way. MR. FISCHETTI: It does not show it and we can show it if the Board wishes. CHAIRPERSON WEISMAN: You can do that, PuglieseCou~ Repo~ingandTranscriptionSe~ice (631)878-83S5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 72 ZBA Town of Southold - June 30, 2010 you don't have to drive out you can back out, but there is some concern about the safety of backing out or even driving in very close to what is the water. I mean I'm not talking about necessarily the structural integrity of the bulkhead. I'm talking about the safety in the dark of somebody driving in or driving out that close to water and wetlands also. There are some -- I did it myself when I inspected the site. MR. FISCHETTI: Okay. CHAIRPERSON WEISMAN: So I do understand what some of the issues are in terms of circulation on that site with a vehicle and on the adjacent sites. In fact, I backed up on the adjacent property so that I wouldn't be -- have my wheels that close to the marsh or to the bulkhead. MR. FISCHETTI: There's nothing in there that's allowing you to -- there's no designation of a driveway. There's no designation of landscaping or anything like that. CHAIRPERSON WEISMAN: Not on the -- well, not at the moment. Pugliese Cou~ RepoSing and Transcription Service (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ZBA Town of Southold - June 30, 2010 MR. FISCHETTI: Correct. CHAIRPERSON WEISMAN: That's why I think it's perfectly valid to talk about the design of the vehicular access in and out of this property and along the right of way, which the Moys -- MR. ROSENBERG: Okay. CHAIRPERSON WEISMAN: -- or any other property owner who has the right to use would be using. So that is -- that's one of the things that I think I'd like to address. MR. ROSENBERG: Yes. CHAIRPERSON WEISMAN: So are there any comments; did that clarify your questions? Are there other comments from the neighbor that you would like to be reflected in the record? MR. G UNN: Yes, that's -- CHAIRPERSON WEISMAN: Come forward, please, Mr. Gunn. MR. GLrNN: Mr. Fischetti did not address the question with respect to the condition of the bulkhead. He -- CHAIRPERSON WEISMAN: On the inlet side? MR. GUNN: On the inlet side. PuglieseCourtRepo~ingandTranscriptionSe~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ZBA Town of Southold - June 30, 2010 74 CHAIRPERSON WEISMAN: Okay. MR. GUNN: He attested that the bulkhead is in good condition and I suspect that he is referring to the bay side, which is brand new, but quite honestly I don't know how old the inlet side is, and I do know that it is deteriorated because quite honestly there are sink holes and every bulkhead gets sinkholes in time. So I simply would ask are you testifying that the bulkhead is in good repair on the entire site or just -- that was my first question and my second question is -- was with regard to the measurement of 35.9 to the property line from the stoop and then the measurement -- it's hard to read it. CHAIRPERSON WEISMAN: Are you looking at the survey, Mr. Gunn? MR. GUNN: Yes. The same one. CHAIRPERSON WEISMAN: You want to know what the setback to the stoop from the property line in the front yard is? MR. GUNN: That's clearly defined as 35.9. CHAIRPERSON WEISMAN: Yes, I believe that's Code compliant. Pugliese CourtReDo~ingand TranscriDtionService (631)878-8355 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ZBA Town of Southold - June 30, 2010 MR. GUNN: Yes. Oh, here it is. Then there is another measurement to the same property line of 30.9 showing a stoop which is 5 -- or stairs of 5 feet in run. CHAIRPERSON WEISMAN: Right. MR. GUNN: I don't think that is physically possible. CHAIRPERSON WEISMAN: Well, let's see who wants to address that then. I think I should clarify for you, Mr. Gun//, the setback of 35- point-something feet to the house is considered a conforming setback for front yard. The steps are not included in calculating the setback. They are permitted by Code and they do not have to be included in the setback. MR. GUN-N: I understand that. All I'm saying is from a -- your perspective and our perspective when you look at this really the numbers just don't add up. CHAIRPERSON WEISMAN: You think you can't get up that high with that horizontal run; is that what you're saying? MR. GUNN: The maximum allowable is 8 inches to step up. Pugliese Court Repo~lngand Transcri~ionSe~ice (631)878-8355 75 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 76 ZBA Town of Southold - June 30, 2010 CHAIRPERSON WEISMAN: On the riser. MR. ROSENBERG: Madame Chairman, I think you answered the question of whether it counts for the difference to the landing and the steps which are excluded from the calculation of setback to the structure. I would like to ask Mr. Fischetti just to nail this down. I've heard him say it twice now, but with the Board's permission I'll ask him again. Mr. Fischetti, did you examine all of the bulkheads on all three sides of the property? MR. FISCHETTI: The determination is the structure is sound. There are some sinkholes in there where some sand does go through the area, but that does not -- the bulkhead is structurally sound. So it's really a terminology of who's asking me what the -- what's considered okay or good condition. It's good condition structurally. There are some sink holes and there are some soil which is kind of normal and those are usually handled with a filter mesh and back filling and not from having to reconstruct the bulkhead and that was by (inaudible) question. CHAIRPERSON WEISMAN: Do you know who is Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 20 21 22 23 24 25 ZBA Town of Southold - June 30, 201¢ responsible for the maintenance of that bulkhead? MR. ROSENBERG: The Association (inaudible). CHAIRPERSON WEISMAN: So the bulkhead is the responsibility of all those neighbors who belong to the Association? MR. FISCHETTI: I can't answer that. CHAIRPERSON WEISMAN: I'm trying to find out and put it in the record, that's all. MEMBER DINIZIO: All three sides. Yeah. C~AIRPERSON WEISMAN: Would you please come forward. MR. ROSENBERG: Mr. Gunn in his letter ot the Board acknowledges that the inlet is maintained or the bulkhead of the inlet is the responsibility of the Association. MR. GUN-N: I beg your pardon? MR. ROSENBERG: In your letter, you indicate that the Association is responsible for the maintenance of the bulkhead of the inlet. MR. GUNN: No sir. C~AIRPERSON WEISMAN: Hold on. If there's going to be discussion, everyone has PuglieseCourtRe~o~ingand Transcri~tionService (63~)878-83S5 78 ZBA Town of Southold - June 30, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to be at the microphone. Well, I believe there was some concern in that letter expressed to the fact that if any damage to the bulkhead was undertaken during the construction of the proposed residence that the Moys would be responsible for repairs. MR. ROSENBERG: Yes and they certainly have a -- CHAIRPERSON WEISMAN: That was the request of the Association. MR. ROSENBERG: Right. CHAIRPERSON WEISMAN: How does your applicant feel about that? MR. ROSENBERG: We have no problem with that. In fact, as a matter of fact, we have been doing that all along because we are there and we see it and we've always maintained it and we'll continue to do so. MEMBER DINIZIO: But who is really responsible for, you know, that peninsula and the bulkhead itself? I mean is it the property owner or is it the Property Owner's Association? MR. ROSENBERG: I know the Association Pugliese Cou~ RepoSing and Transcription Se~ice (631)878-8355 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 79 ZBA Town of Southold - June 30, 2010 has maintained the dredging of the inlet. I know that, but if the bulkhead is on our property, then Mr. Moy is -- okay, so it's on the applicant's property and we would be responsible for -- MEMBER DINIZIO: MR. ROSENBERG: MEMBER GOEHRINGER: MR. ROSENBERG: No, the inlet side. MEMBER DINIZIO: MR. ROSEN]BERG: fronts on West Lake, On all three sides? Uh -- Two sides. Peconic Bay side and Right. The north that actually I don't think that's within our -- our property. property line. MEMBER DINIZIO: right of way is going, I don't think that's actually That's beyond -- outside of our But that's where the I mean that's where your driveway is going? MR. ROSENBERG: No. The driveway is actually coming off the right of way. MEMBER DINIZIO: Yeah, but I mean if that's -- it's going to be closest to the bulkhead upon which you have no -- MR. ROSENBERG: No, no. Actually, Mr. Pugliese CourtRepo~ingandTranscri~tionSe~ice (63])878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ZBA Town of Southold - June 30, 2010 Dinizio, if you look at it, if you look at it that bulkhead is (inaudible). MEMBER DINIZIO: Okay. CHAIRPERSON WEISMAN: Okay, yeah. MR. ROSENBERG: The one that I think we're concerned about is the inlet. CHAIRPERSON WEISMAN: So the inlet bulkhead is owned and maintained by the property owner? MR. ROSENBERG: The applicant. CHAIRPERSON WEISMAN: The applicant, right, as would be that portion along Peconic Bay that is running along the subject property? MR. ROSENBERG: Correct. CHAIRPERSON WEISMAN: Whereas the West Lake bulkhead is -- the Association is responsible for that. MR. ROSENBERG: I would think so. I'm not sure who actually owns that, but that -- CHAIRPERSON WEISMAN: That goes along that and is actually parallel to the easement that the Association has the right to. MR. ROSENBERG: Correct. A right of way. CHAIRPERSON WEISMAN: Right of way. PuglieseCou~ Repo~in~andTranscriptionSe~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 81 ZBA Town of Southold - June 30, 2010 MEMBER HORNING: May I ask a question on that also? CHAIRPERSON WEISMAN: Yes. MEMBER HORNING: I would ask the attorney for clarification on the maintenance of the right of way then also, besides the driveway. Your applicant will maintain his driveway, will build a driveway. Who is actually responsible for the 280 access and the right of way? MR. ROSENBERG: The applicant will maintain any part of the right of way adjacent to its premises as of now Mr. Moy does on the part that's adjacent to his premises. MEMBER HORNING: Does anybody know if this Association has any responsibility regarding the maintenance of the right of way? That's my question. CFLAIRPERSON WEISMAN: Mr. Gunn can -- MR. GUNN: Okay, a little history here. These are all roads in there, in the entire subdivision of Cedar Beach Park so if you look at your drawing and look at the West Lake Drive where it ends at the dug inlet, that is the corner of the Moy property. The PuglieseCou~ Repo~ingand TranscriptionService (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 82 ZBA Town of Southold - June 30, 2010 bulkheading that goes beyond that on -- yeah, that goes beyond that and sticks out into West Lake and goes easterly, is part of the Cedar Beach Park right of way. CHAIRPERSON WEISMAN: And it's going to change -- MR. GUNN: In other words, we have other bulkheading within this Cedar Beach Park. CHAIRPERSON WEISMAN: I understand. Now, is that maintained by the Cedar Beach Park? MR. GUNN: There has never been any need to maintain it. CHAIRPERSON WEISMAN: If it fails who would be responsible for repairs? MR. GUNN: We are, yes. CHAIRPERSON WEISMAN: The Association. MR. GUNN: Yes. CHAIRPERSON WEISMAN: Okay, that's all we need to understand. MR. GUN-N: Yes. CHAIRPERSON WEISMAN: Okay. MEMBER HORNING: A~d the right of way, who's responsible to maintain the right of way? MR. GUNN: Over the years Mr. Moy has PuglieseCou~ Repo~ingand Y~nscriptionSe~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 83 ZBA Town of Southold - June 30, 2010 kind of -- because nobody was using it -- incorporated it into his front yard and maintained it, a grass area, and up until -- in fact, he's planted some trees they're partly on the right of way, they're partly on his property. CHAIRPERSON WEISMAN: But you've heard -- you've heard testimony here. MR. GUNN: Yes. CHAIRPERSON WEISMAN: And we can condition any relief we grant with the fact that the Moys have indicated that they will continue to maintain unobstructed access to that right of way to anyone whose rights are involved. MR. GUNN: Exactly. CHAIRPERSON WEISMAN: Okay and as long as that continues to be the case, that should resolve the problem. MR. GUNN: Yes, it does. CHAIRPERSON WEISMAN: Okay. Is there anyone else here who has questions on the Board and would like to speak to this? Okay, please come forward and please address those things that we have not yet PuglieseCou~ Repo~ingand TranscriptionSe~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ZBA Town of Southold - June 30, 2010 heard because applications, on this one. (inaudible) with other we've spent a good deal of time We've blown it, so please direct things that we haven't heard. MR. CASE: My name is Jerry Case. I live at 505 Cedar Point Drive West on that body of water. I think the water is the key to what I want to say. This piece of property is three sides on the water and we're talking about three feet here, five feet there above or beyond or below the needs. We're talking about a sanitation system that the Town Trustees arbitrarily were not crazy about and I don't want to take a gamble with our water. We're having enough trouble in American right now with our water and I don't like to see something that we're guessing might work go through and have all these animals and life put into danger. Thank you. CHAIRPERSON WEISMD2q: Thank you. Please come forward and state your name for the record. MR. KAMINER: I am Kiam Henry Kaminer and PuglieseCou~ ReportingandTranscriptionService (631)878-8355 84 ~EP ! 9 2012 / Zo? A/o. ,~,,~ /-/ MoY' ', OW/V ~ ~,qOL ZV GEORGE F. ANDEREGG, JR. and KAREN ANDEREGG, his wife, both residing at 115 East 9th Street, New York, New York, residing at 425 East 79th Street, New York, New Y-dl-k ..... ~r,:, c ;:, %~',, ; party o! the second pa~t, 'M[I'N[~,.%9.1'H, that the party of the first part, in consideration of Ten ($10.00) ......................... lawful money o{ the U.{t~ States. and other good and valuable consideration ~d by the pry of the s<ond pa~, des hereby grant and release unto the pa~y of the second ~, the heirs or ~ t~t ce~ain plot, pi<e or pa<el of ~nd, with the buildings and improvements thereon erectS, situate, lying and ~ing~-~ at Bayview, in the Town of Southold, County of Suffolk and State of New York, known and designated as Lot No. 120. on a certain map entitled "Subdivision Map of Cedar Beach Park" and filed in the office of the Cl~rk of the County of Suffolk on 12/20/27 as Map No. 90, which lot is more particularly bounded and describe~ as follows: BEGINNING at a point on the southerly side of West Lake Road where said southerly side of West Lake Road is intersected by the division line between Lots 120 and 121, as shown on said map; RUNNING THENCE South 67 degrees 25 minutes 20 seconds Easu, along the southerly side of West Lake Road, 95 feet to the Westerly line of an inlet of Little Peconic Bay; RUNNING THENCE Southerly, along the Westerly line of said inlet, 126 feet more or less to the ordinary high water mark of Little Peconic Bay; RUNNING THENCE Westerly, along the ordinary high water mark of Little Peconic Bay 76 feet more or less to ~he division line between Lots 120 and 121, as shown on said map; RUNNING THENCE North 21 degrees 14 minutes 40 seconds East, along said division line, 130 feet more or less to the ~outherly side of~West Lake Road at the point or place of BEGINNING. TOGETHER with a non-exclusive easement of ingress and egress over West Lake Road out to the nearest public highway. The grantors herein are the same persons as the grantees in deed dated June 12, 1971 recorded June 14, 1971 in Liber 6946 page 287. TO~a~"l'HraR with all tight, title and interest, ii any. of the p~cly of the first pail in and ~o any sweets and said premi~e~, The grantees herein, Herbert Greenfield and Marcelle Greenfield, his wife, hereinbelow affix their signatures to this instrument evidencing their agreement to assume and pay the existing mortgage on the premises described herein which was made to Southold Savings Bank (1) by Rita Marie Pascua, predecessor in title to the grantcrs herein, dated June 15, 1968 and recorded in the Suffolk County Clerk's office in Liber 5397 page 335 on June 17, 1968, and (2) by George F~ Anderegg, Jr. and Karen Anderegg, the grantors herein, dated June 13, 1971 and recorded in the.Suffolk County Clerk's office in Liber 6057 page 154 on June 14, 1971, consolidated and incorporated into a single first lien, on which the present remaining balance at the date hereof is $31,106.39, with interest paid through October 12, 1974. F. Anderegg, $~. [/ SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED N-~er of Pages: 4 Receipt N~m~er : 10-0085554 TRANSFER TAX NUMBER: 09-29062 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 090.00 01.00 EX~MINED AND CHARGED AS FOLLOWS $0.00 07/23/2010 09:27:49 AM D00012632 124 Lot: 017.000 Received the Following Fees For Above Instrument Exempt Page/Filing $20.00 NO Handling COE $5.00 NO NYS SRCHG EA-CTY $5.00 NO EA-STATE TP-584 $5.00 NO Notation Cert. Copies $0.00 NO RPT Transfer tax $0.00 NO Comm. Pres Fees Paid TRANSFER TAX NUMBER: 09-29062 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL $20.00 $15.oo $125.00 $0.00 $30.00 $0.00 $225.00 Exempt NO NO NO NO NO NO JUDITH A. PASCALE County Clerk, Suffolk County TOWN OF SOUTHOLO BO^.D or SOVT.OLO TOW. TRVS EBS $OUTHOLD, NEW YORK ,~: ~is Wetlands Pe~it NO.Z~ ............. has ~n granted by ~e Town Trust.s ~format~n furnished in Application NO..,.~,~ ........... fil~ by Applicant G:een~&e~d ~a:ch 27z 19...~... A map ~ ~e propo~d w~k will be kept ....................................... on ............................. Size of work: Length ..,...,.2...0,.8...,~.~. A,,~.~. ~. ............................................................................................ Conditions if any. ,,...P..~. ,.O.~.~..~ ~..O.[~ ...?. ~'~...?..~. ~.. ~.~ .~- ~ .E. ,..A~.....~ ~... [~1~..~- ~ ~.. ~ ,, ~ ~C ~. ~Q~ ake Char~r~el, Sou~ho~d ;iSCTM# 90-'i-'1t BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6053 DATE: December 20~ 2004 ISSUED TO: WEST LAKE ASSOCIATION PROPERTY ADDRESS: WEST LAKE DR.~ & LITTLE PECONIC BAY LANE~ SOUTHOLD SCTM#90-1-11&13 AUTHORIZATION Pursuant to the provisions of Chapter 97 and/or Chapter 32 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 December 20, 2004, and in consideration of application fee in the sum of $250.00 paid by West Lake A~ 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 hydraulically maintenance dredge the entrance channel and adjoining West Lake to -3.5 MLW and pump the resulting 775 cy. of material into geotubes situated against the existing bulkheading along Peconic Bay shoreline, east of t channel. After dewatering, open the geotubes in place to allow the sand filling to nourish the beach. After the initial dredging event, dredge up to three more times over the life of the permit. Remove existing bulkhead and replace with 90 linear ft. of low-g bulkhead, and as depicted on the plan prepared by Sea Level Mapping dated 2004 and last revised on March 14, 2006 and the partial plan and profile view prepared by DLM on February 4, 2006, and as per conditions described in the issued by the Dept. of Environmental Conservation dated May 4, 2006. 1N WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 February 1, 2005 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Merlon E. Wiggin Peconic Associates, Inc. P.O. Box 672 Greenport, NY 11944 RE: WEST LAKE ASSOC. SCTM#90-1-11 & 90-1-13 Dear Mr. Wiggin: At the Regular Meeting of the SouthoJd Town Board of Trustees held on Men., December 20, 2004 it was: RESOLVED, to Approve the Wetland Permit application of West Lake Assoc. to hydraulically dredge the silted entrance to West Lake and provide boat access. Spoil to be hydraulically pumped to adjacent empty lot on West Lake #131, and all as depicted on the survey prepared by Robert H. Fox last dated November 8, 2004. Please be advised that this is not a permit. Before the issuance of the Permit, a copy of the liability insurance policy of the contractor must be produced insuring against any liability, which may arise in the performance of the operations pursuant to the permit, and naming the Town as an additional insured, in the amount of $1,000,000.00. Please feel free to contact our office if you have any questions. Very truly yours, Albert J. Krupski, Jr., President Board of Trustees AJK:lms RESOLUTION RESOLVED that the Board of Trustees of the Town of Southold hereby finds that the application of WEST LAKE ASSOCIATION more fully described in the public hearing item #7 of the Trustee agenda dated Monday December 20, 2004, is classified as a Type II Action pursuant to SEQRA Rules and Regulations, and is not subject to review under SEQRA. Nov. 16. 2006 3:50PM No. 6778 CITY UNDERWRITING AGENCY, INC. 2001 Marcus Avenue. Suite W180, Lake Success, NY 11042 Phone: (516) 358-3567 - Fax: (516) 358-3540 kcruz~cua~enc¥.com P. 1 'la: Town of Southold, Board of Trustees From: Kristen Cruz Fmc 631-765-6641 Pages: 3 Pl~n~.. DmZ: Thursday, November 16, 2006 Re= Proof of Insurance for CC= Newborn Construction (~ Urgent ~] For Review im Please Comment [~ Please Reply [] Please Recycle · Comments: Nov, 16. 2006 3:50PM NO. 6778 P. 2 ACORD., CERTIFICATE OF LIABILITY INSURANCE city U~derwriting Agency Inc. 2001 Marcus Avenue Suite W180 Lake Success NY 11042 THIS CERTIFICATE IS I~SUEO AB A MA'm .:~ OF ONLY AND ¢ONFE~S NO I;U~HTS UPON THE CERTIFICATE HOLDER. THIS CEI~FICATE DOES NOT AMEND, EXTEND OR ALTER TIlE COVEI~.GE AFFORDED BY TIlE POLICIES BELOW. INSURERS AFFORDING COVERAGE ~ NAIC # I~URI~RA: Arc. h In$~/r&nce ~roup msu~e~ Illinois National Insurance Ci IN~R¢= National Benefi= Lite Ins Co.l '61 Clinton 2. O. ~ox 624 Cen~er MorichesNYl1934 COVEEAOE$ ~eiNfR~U~SlUTY !llPKG2105901 9/30/2006 !9/30/2007 ;EACHQCGURRENCE !$1,000,000 : ' ~ s 1,000,000 m ~l ~S~M~R~BI~ ~BE6799235 9/30/2006 9/30/2007 ~ ~RR~E ~ $ 15,000,000 A , ~RK~$~OM~IAT~ONANO ;11WCI2105801 9/30/2006 9/30/2007 ~ ' ~SIAYU- ~ ; ~ ~u~ I , I ~L. DJS~-~LOYeEj $ 500/OO0 CERTIFICATE HOLDER CANCELLATION Tom Of 8outhold Main Road Southold NY 11971 ACORD 25 (2001108) @ ACORD CORPORATION 1988 Nov, 16. 2006 3:51PM No, 6778 P. 3 IMPORTANT ff the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endomed. A statement on this ca~ficate does not confer rights to the certificate holder in lieu of such endorsement(s), If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contra~ between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon, ACORD 25 (2001/08) Cross "A" exit.- ..... Cross ~Sec. Uon ~ ~ ~ ~1,~ -~' ElevoUO~5 5~rv 10/20~C~ Cross H: I" = 20' V': I" = I0' est. \ \ 5~,ALE I"= 60' HYDROGRAPHIC MAP Entrance to West Lake Cedar Beach' Southold Town Suffolk County, NY ~ ~TE ~ ........... ~ g ~,o°c;''° APPROVED BY &OARD OF T ,, TOWN OF SOUTHOLD Oral,aloe} 11//~7o~. Peter Young, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (63 l) 765-6641 Conservation Advisory Council Town of Southoid At the meeting of the Southold Town Conservation Advisory Council held Wed., August 15, 2012 the following recommendation was made: Moved by Jack McGreevy, seconded by Doug Hardy, it was RESOLVED to SUPPORT the Wetland Permit application of WEST LAKE ASSOC. requests a Wetland Permit-10 Year Maintenance to dredge channel to -3 ALW and truck spoil to an upland site. Located: West Lake Channel, Southold. SCTM#90-1-11 Inspected by: Jack McGreevy, John Stein, William McDermott Vote of Council: Ayes: All Motion Carried James F. King, President Bob Ghosio. Jr,, Vice-Presidenl Dave Bergen John Bredemeyer Michael J. Domino P.O Box 1179 Southold, NY 11971 Telephone(631 765-1892 Fax (631)765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: WEST LAKE ASSOC. requests a Wetland Permit-10 Year Maintenance to dredge channel to -3 ALW and truck spoil to an upland site, Located: West Lake Channel, Southold. SCTM#90-1-11 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: Modifications: Conditions: ~ .¢'---.. ~ '? P re~j. tB rWe~ree :m ey~Tr J ' ~M~; .GDho°mSii~ o Form filled (~ in the field by D. Bergen. D. Dzenkowski Mailed/F/~xed to: Date: other LOTS SURVEY OF 141, 142 & P/O MAP OF CEDAR BEACH PARK FILE No. 90 FILED OECEMBER 20, 1927 SITUATED AT BAYVIEW TOWN OF $OUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-90-01-09 SCALE 1"=50' NOVEMBER 8, 2007 MAY 16, 2012 ADDED CROSS SECTION 143 AREA = 56,414 sq, ft. (TO TIE LINES) 1.295 ac. FID[UTY NATIONAL TITLE INSURANCE COMPANY PECONIC A~ISTRACT, /NC. HENRY KAMINER SELLE VIEW, LLC Nathan Taft Corwin III Land Surveyor OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY11971 Telephone: 631 765-1938 Fax: 631 765-3136 ¸To: LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator B~srd of Trustees Date: September 19, 2012 Re: Proposed Wetland Permit for WEST LAKE ASSOCIATION, INC. SCTM#1000-90-1-11 Patricia C. Moore, Esq. on behalf of WEST LAKE ASSOCIATION, INC. requests a Wetland Permit for a 10 year maintenance permit to dredge the channel to -3 ALW and truck spoil to an upland site. Located: West Lake Channel, Southold. SCTM# 90-1-11 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 provided that the Board considers the following: In the event that the action is approved the following BMP is required pursuant to: § 275-11. Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (2) Erosion control. Installation of an erosion control structure is necessary during any building, grading, landscaping or site work activity within Trustee jurisdiction. This structure may include, but is not limited to, installation of a silt fence, hay bales, wood chip berm and silt booms. The placement of the erosion control structure(s) shall be determined by the Trustees or their designee. All intertidal construction and excavation requires the installation of a silt boom that will retain all suspended sediments within the immediate project area. Require the installation of a silt boom in areas where practicable. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Office Use Only Coastal Erosion Permit Application i~etland Permit Application Administrative Permit Amendment/Transfer/Extension ~R~eceived Application: - ~,,~ I ~ ~.~ .,=.~Received Fee:$ ~'~ - ~ompleted Application ~._~ % ! X'&~ __Incomplete __SEQRA Classification: Type l Type Il Unlisted__ __Coordination:(date sent)_ ~WRP Consistency Assessment Form ~ 13! ~;~ ~--"CAC Referral Sent: C-/.\~:jO,~:I,, ~ate of Inspection: ~.! ~.l~. Receipt of CAC Report: __Lead Agency Determination: Technical Review: ~P'~blic Hearing Held: ~e,!~2}-~[\~, Resolution: Suffolk County Tax Map Number: 1000-~0~ i -- (I Property Location: (provide LILCO Pole #, distance to cross streets, and location) AGENT: (If applicable) of Trustees Application GENERAL DATA Land Area (in square feet): ~_- %-of 000 ~ ? ~- Area Zoning: O--~ "4' <~ Previous use ofproperty: ~l~ff o~/ ~%/~-q- tQ ~ lntendeduseofproperty: OgO~A~ i~- C'\I~C~OC I I Covenants and Restrictions: Yes X No If"Yes", please provide copy. Does this project require a variance from the Zoning Board of Appeals __ If "Yes", please provide copy of decision. Yes ~( No 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 D3te __ 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):. Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Area of wetlands on lot: la~.~.5} square feet Percent coverage of lot: I 0 % Closest distance between nearest existing structure and upland edge of wetlands: C) feet Closest distance between nearest proposed structure and upland edge of wetlands: fi') feet Does the project involve excavation or filling? -~[~ .0~ ~' &t4O No ~ Yes ' If yes, how much material will be excavated? cubic yards (~.,~-¢~- How much material will be filled?__ cubic yards Depth of which material will be removed or deposited: ~,.~ ~°rliot feet Proposed slope throughout the area of operations: Manner in which material will be removed or deposited: Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): PROJECT ID NUMBER PART 1 ' PROJECT INFORMATION 1 APPLICANT/SPONSOR 617.20 SEQR APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by Applicant or Project Sponsor) 2. PROJECT NAME chan el eb dqc county 3.PROJECT LOCATION: Municipality ~¢---~O'~V~O Id PRECISE LOCATION: Street Addess and Road Intersections. Prominent landmarks etc -or erovide ma[~ 5. IS PROPOSED ACTION: [] New [] Expansion [] ModiEcation / alteration 6 DESCRIBE PROJECT BRIEFLY: 7 AMOUNT OF LAND AFFECTED: Initially~:~, '~,~, ~0 Ultimately acres 8. WILL PROPOSED ACTION COMPLY ~TH ~ISTING ZONING OR OTHER RESTRICTIONS? ~Yes ~ No If no, describe briefly: 9. WHAT IS PRESENT ~ND USE IN VICINI~ OF PROJECT? (Ch~se as many as apply.) ~Residential ~lndustdal ~Commercial ~Agriculture ~Park/Fores,/OpenSpace ~Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local} ~Yes ~ No If yes, 'is' agency name and permit / approval: ~ S~ 11. DOES ANY ASPECT OF THE ACTION NAVE A CURRENTLY VALID PERMIT OR APPROVAL? ~Yes ~No If yes, list agency name and permit / approval CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponsor/j~3a~ ~¢~'-'~--Z--¢~'¢'-' ~'*; '/~:~-'"¢~------- Date: 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 A~lenc¥) A. DOES ACTION EXCEED ANY TYPE t THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL EAF. B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative dectaration may be superseded by another involved agency, l-lYes r~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 ~evels, existing traffic pattern, solid waste production or disposal, potential for emsien, drainage or flooding problems? Explain bdefly: I C2, Aesthetic,"~'gricuflural, archaeological, historic, or other natural or cultural resources: or cammunity or n'~ighborh0od character? Explain briefly: I C3. Vegetation or fauna, fish, shellfish or wildiife species, significant habitats, or threatened or endangered spedes? Explain briefly: I C4. A commundy's existin~'l:)la~ or goals as officiafly adopted, or a change in use Or irttensity o¥~'o¥i~"or other natural resources? Explalrl b;iefly: C5 Growth, subsequent developmenti'or'related activities likely to be induced by the proposed action? Explain briefly: I C6 Long term sho~t term cumulative, or other effects not ~dentified ~n C1 C57 Explain briefly: I C7 Other impacts lincludin~ chanties in use of either (~uantit~ or i~p~'~)~ner~'? Expiain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL I~J YS L~N°E ~VIReCNMEN~ ALAREA (CEA? (if yesI explain briefly: E. IS THERE, OR IS THERE LIKELY TO BEI CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If yes explain: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: F~reachadversee~ectidentlfiedab~ve~determinewhetheritissubstantial~arge~imp~rtant~r~the~visesigni~cant~ Each effect should be assessed in connection with its (al setting (i.e. urban or rural); (bi prebabili~y of occurring; (c) duration; (d) irreversibility; (el geographic scope; and (fi magnitude. If necessa~, 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 ~f you have identified one or more poter)tially large or significant adverse impacts which MAY occur. Then proceed directly to the FUL EAF and/or prepare a positive declaration. Check this box if you have determined, based on the Information and analysis above and any supporting docomectation, 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 Name of Lead Agency · y~r~a p ' Officer in.Lead Agency Signa~:~'~e of Responsible Officer in Lead A~cy Date President Title of Responsible Officer Signature of Preparer (If different from responsible officer) W Town of souTold Erosion, Sedimentation & Storm-Water Run-off ASSESSMENT FORM PROPERTY LCCATION: S.C.T.M. #: THE FOLLOWING ACTIONS MAY REQUIRE THE SUBMISSION OF A STORM-WATER, GRADING, DRAINAGE AND EROSION CONTROL PLAN District section Block Lot CERTIFIED BY A DESIGN PROFESSIONAL IN THE STATE OF NEW YORK. SCOPE OF WORK - PROPOSED CONSTR~JuI'ION 1'1'~# / WORK ASSESSMENT ] Yes No a. What is the Total Area of the Project Parcels? I Will this Project Retain A~I Storm-Water Run-Off (Include Total Area of all Pameis located within ~ ~' Generated by a Two (2") Inch Rainfall on Site? the Scope of Work for Proposed Consti'uctlon) b, What is the Total Area of Land Cleating (S.F. / ~) (This item will include all run-off created by sita clearing and/or construction activities as well as all -- and/or Ground Disturbance for the proposed , ~- Site Improvementa and the permanent creation of construction activity? impervious surfaces.) (s.F.,^~.) 2 Does the Site Plan and/or Survey Show Al} Proposed PROVIDE BRIEF PRO~CT DESCRIPTION (~'~d' ~' Pag"" N~) Drainage Structures Indicating Size & Location? This ~l.,~D Item shall include all Proposed Grade Changes and ~=¥.~_ "~ 3 D°es the Sita Plan and/°r SurveY describe the er°si°n i(,J_~ r~.~.~-~ ~ and sediment contm~ practices that will be used to t~/~/~/~/~/~/~/~/~. O/~-(~( ~~'-'' control site erosion and storm water discharges. This item must be maintained throughout the Entire Construction Period. Existing Grade Involving more than 200 Cubic Yards ~---~l of Material within any Parcel? 5 Will this Application Require Land Disturbing Activities Encompassing an Area in Excess of Five Thousand (5,000 S.F ) Square Feel of Ground Surface? 6 Is there a Naturat Water Course Running through the Site? Is this Project within the Trustees jurisdiction General DEC SWPPP Requirements: or within One Hundred (100') feet of a Wetland or Submission o[ a SWPPP is required for all Construction activities involair~ soil Beach? disturbances of one (1) or mom acres; including disturbances of less than one acre that 7 Will there be Site preparation on Existing Grade Slopes am part of a larger common plan that will ultimately disturb one or more acres of land; which Exceed Fifteen (15) feet of Vertical Rise to V including Construction activities invoMng soil disturbances of less than one (1) acre where One Hundred (100') of Horizontal Disbance? the DEC has determined thai a SPDES permit is required for storm water discharges. SWPPP*$ Shall meet the Minimum Requirements of the SPDES General Permit 8 Will Driveways, Parking Areas or other Impervious STATE OF NEW YORK, ~ 'lhat I;~..~.....XJ ~, [~5 ~ ~ bein ' ' deposes and says that he/she is the applicanll lbr Permit, And that he/she is the .... ~..1,~ ~...f~... Owner and/or representative of the Ovaller or Owners, 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 applica6on are ~ue to the best of Ms knowledge mad belief; and that the work will be performed in the manner set forth in the application filed herewith. Sworn to before me this; FORM - O~ No. 01PE6130636 Qualified In Suffolk Count~ Comm io. F. xpt PATRICIA C. MOORE, A'I-I'~NEY AT LAW 51020 Main Road Southold, NY 11971 (631) 765-4330 email: pcmoorel @optonline.net M~JvlO LETTER Please repiy ~ No reply necessary SIGNED James F. King, Presidenl Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemcyer Michael J Domino Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631 ) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of WEST LAKE ASSOCIATION~ INC. COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING being duly sworn, depose and say: That on the L~day of ~._.~ ,2019-,-1 personally posted the property known as by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held Wed., August 22~_2~012. Dated: q~'-~cTz{ ~ I (si~ature) Sworn to before me this day of,~ 20/O---~ BETSY A. PERKIN~ Notav/Public, Sta~e ol New Yo~ No, 01PE6130636 Qual}fied in Suffolk Commission Expires July PATRICIA C. MOORE, ATTORNEYi~ILAW 5].020 Main Road Southold, NY 1 ].97 ! (631) 765-4330 emaih pcmoore@mooreattys.com LETTER Seutl~hold ',row. Beard of Trustees SIGNED [] Please reply [] No reply necessary BOARD OF TRUSTEES TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of WESTLAKE ASSOC. Applicant's Land Identified as 1000-90-1-11 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILING I, Betsy Perkins, residing at Mattituck, New York, being duly sworn, depose and say that: h(~X ~_..~d On t ay of August, 2012, I 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. /~ ~,~/~~. /~--ets~'~kins .) ( ~ / (SignatuCe.)_~ Sworn to before me this ./O~-~/ day of August, 2012 ( ry ublic MA~iGARET C. RUTKOW$ Notary Public, State of New York No. 4982528 Qualified in Suffolk County Commission Expires June 3, '~, O/-~-'- PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. WESTLAKE ASSOC. NEIGHBOR MAILING LIST SCTM: 1000-90-1-11 MARK SAPORITA CHRISTOPHER BRODARICK 1405 WATER TERR. SOUTHOLD NY 11971 SCTM: 1000-90-1-1 BENALI LLC 11499 BELLAGIO ROAD LOS ANGELES CA 90049 SCTM: 1000-90-1-2 PADOGA MANAGEMENT LLC 2228 NE 26TM STREET LIGHTHOUSE PT. FL 33064 SCTM: 1000-90-1-3 BONNIE QUINN 6 CIDER MILL LANE HUNTINGTON NY 11743 SCTM: 1000-90-1-4 CAMERON DOWE MEGAN STRECKER 975 CEDAR POINT DRIVE W. SOUTHOLD NY 11971 SCTM: 1000-90-1-5 TJ MCDONAH REV. LV. TR. HM MCDONA REV. LV. TR. 58 GLATTLY DRIVE DENVILLE NJ 07834 SCTM: 1000-90-t-6 GERARD 8,: CONSTANCE CASE 505 W. CEDAR DRIVE SOUTHOLD NY 11971 SCTM: 1000-90-1-7 HENRY KAMINER 95 CHARLES STREET APT. 5 NEW YORK NY 10014 SCTM: 1000-90-1-8 DAVID SCHAB ARIEL KAMINER 256 W. l0th ST., APT. 3D NEW YORK NY 10014 SCTM: 1000-90-1-9 ED. BRENNAN & OTHERS 247 NEPTUNE DRIVE GROTON CT 06340 SCTM: 1000-90-1-12 JOSEPH ZEVITS & OTHERS 32 GATHERING ROAD PINE BROOK NJ 07058 SCTM: 1000-90-1-13 ROGALSKI FAMILY REV. LVG TR. PO BOX 926 SOUTHOLD NY 11971 SCTM: 1000-90-1-14 GUNN FAMILY 2009 IRR. TR. 2145 LITTLE PECONIC BAY LA SOUTHOLD NY 11971 SCTM: 1000-90-1-15 THOMAS & PEGGY PROKOP 2245 LITTLE PECONIC BAY LA SOUTHOLD NY 11971 SCTM: 1000-90-1-16 ROBERT L. HOLLIS KATHELEEN GIRANDOLA 420 BURNS STREET FOREST HILLS NJ 11375 SCTM: 1000-90-1-17 ANNE SOWINSKI SARAH HERMAN 18 SNEDECOR AVE. LINDENHURST NY 11757 SCTM: 1000-90-1-26.1 HERBERT & MARELLA GREENFIELD 306 W. 38TM STREET, UNIT 1201 NEW YORK NY 10018 SCTM: 1000-90-1-24 SIM MOY 106 MULBERRY STREET APT. 7 NEW YORK NY 10013 SCTM: 1000-90-2-1 RECEIPT FROM: MOORE LAW OFFICE FEES: TOTAL $ 5.75 POSTMARK OR DATE RECEIPT 7192 6463 311 o OOOl 2848 FROM: MOORE LAW OFFICE RE WESTLAKE TRUSTEES HEAR SEND TO: C~i~d Fee 295 TOTAL $ 5.75 POSTMARK OR DATE RECEII~ RECEIPT 7192 6463 3111 71~2 6483 3110 0001 2822 FROM: FROM: MOORE LAW OFFICE MOORE LAW OFFICE RE: WESTLAKE TRUSTEES HEAR RE: W~STLAKE TRUSTEES HEAR SEI~DT~-~[ ' fSEND TO: ~, 11499 BELLAGIO ROA~r~ F~/~0GA MA~i/~i~M E NT LLC ~ 2228 NE 26TH S~EET ~ LOSANGELESCA~004~' ~ LIGHTHOUSE PT FL3 , TOTAL $ 5.75 TOTAL $ 5.75 POSTMARK OR DATE POSTMARK OR DATE RECEIPT I RECEIPT 7192 6463 3110 0001 3003 7192 6463 3110 0001 2853 FROM: I FROM: MOORE LAW OFFICE I MOORE LAW OFFICE RE WESTLAKE TRUSTEES I RE: WESTLAKE TRUSTEES HEAR ND. ? , ~-~ I SEND TO' H MCDONA REV LV TR J ~ 5~ W CEDAR DRIVE ~ Restricted ~ Restri~ P 235 TOTAL $ 5.75 i TOTAL $ 5.75 POSTMARK OR DATE POSTMARK OR DATE RECEIPT 7192 6463 3110 0001 2969 RECEIPT FRO M: 7192 ~463 3110 0001 2952 MOORE LAW OFFICE FROM: RE WESTLAKE TRUSTEES HEAR MOORE LAWOFFICE FE ~ I ~) TOTAL $ 5.75 POSTMARK OR DATE RECEIPT 3 3110 0(3Ol 2839 FROM: MOORE LAW OFFICE RE: WESTLAKE TRUSTEES HEAR i6 CIDER M LL LAN~ ~ !HUNT~NGTO. NYX{r~ FEE~ TOTAL $ 5.75 POSTMARK OR DATE TOTAL $ 5.75 POSTMARK OR DATE RECEIPT I 7192 6463 3110 0001 2860 I RECEIPT FROM: I FR~;:6463 3110 0001 2877 MOORE L~W OFFICE MOORE LAW OFFICE RE WESTLAKE TRUSTEES HEA~ RE WESTLAKE TRUSTEES HEAR ES: ~-~ z9s TOTAL $ 5,75 POSTMARK OR DATE RECEIPT 7192 6463 3110 8o01 2945 RECEIPT RE WESTLAKE TRUSTEES HEAR MOORE LAW OFFICE RE: WESTLAKE TRUSTEES HEAR p i N ~lj~(~ ~.~.0 ~ 0 BOX 926 ' '/ LITTLE PECONI~)~y LA / S~OLD ~y 11~71 k ] TOTAL $ 5.75 TOTAL ) 5.~ Restricted 23S TOTAL POSTMARK OR DATE POSTMARK OR DATE $ 5.75 POSTMARK OR DATE FROM: MOORE LAW OFFICE RE W~STLAKE TRUSTEES HEAR RECEIPT 7192 6463 31 lO oool 2821 FROM: MOORE LAW OFFICE RE WESTLAKE TRUSTEES HEAR SE. O T AS & PEGGY PRO'9 ~OUTHo~o Hy~,~12 TOTAL $ 5.75 POSTMARK OR DATE RECEIPT 7192 6463 311o o001 2914 FROM: MOORE LAW OFFICE RE: WESTLAKE TRUSTEES HEAR SEND TO: ~ 4 NS STREET STHILLS NJ 11375 .-~ Pl~s~age 0 45 C ified Fee Ret Receipt 2 TOTAL $ 5.75 POSTMARK OR DATE 7192 6453 3110 0001 2907 FROM: MOORE LAW OFFICE RE: WESTLAKE TRUSTEES HEAR SEN,~D?~ L f i8 SNEDECOR AVE = F~EES: rtified Fee 2 95 Restncte~l' TOTAL $ 5.75 POSTMARK OR DATE RECEIPT 7192 6~63 3110 (x)01 2891 FROM: MOORE LAW OFFICE RE: WESTLAKE TRUSTEES HEAR RECEIPT 7192646331100091 2884 FROM: MOORE LAW OFFICE RE WESTLAKE TRUSTEES HEAR SEND T .,(~'~ 3~STH STREET, UNIT ~1~' , 1~ MULBERRY S~T APT 7 NE YORK NY 1~18 Posta 045 -'~ Return R~ 2 35 Restricted Restri~ed ' TOTAL $ 5.75 ' TOTAL $ 5,75 POSTMARK OR DATE POSTMARK OR DATE Boa~rd of Trustees Application AUTHORIZATION (where the applicant is not the owner) (print owner of property) residingat t~l t4~- L,~[~ (mailing address) 66~-~ ~,~Y._, (~L~/A0lc4doherebyauthorize (Agent) r'--~r..~ca-x4 (-.5'- ~q:XbC~_ to apply for permit(s) from the Bgrd of Trustees Application County of Suffolk State of New York .,/ BEING DULYSWORN DEPOSES AND AFFIRMS THAT HE/SHE' 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 TH'IS 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, THE1R AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PR EM ISES IN CONJ UNCTION Wl TH R ~~ APPLICATI ON. Signature SWORN TO BEFORE ME THIS BETSy A. PERKINS Nota~/Public, ~tate of New Yo~ No. 01PE6130636 C Q,ualified in Suffolk Cou~t~ _ .. omm~ssion Expires July 1~/_-.~ David Schab Ariel Kaminer May 30, 2012 Westlake Association Attn: Peter Gunn, President To Whom It May Concern: We, David Schab and Ariel Kaminer, as owners of property located at 250 Midway Road, Southold, (sctm: 1000-90-1-9), hereby grant permission to The Westlake Association to place dredge soil and dewater the soil onto our property. Very truly yours, David Schab APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics omhibits conflicts of interest on tho nert of town offieer~ and emolovccs. The ouroosc of this form is to orovide information which can alc~ the town of oossible conflicts of interest and allow it to take whatever action is ne to avoid same. (Last name tn'st name,~niddle ifiitial, unless you are apply~.ng m the name df-~t:~c,~_f, cC.~o. C.~' 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 Zoue 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 ~ 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 thc space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): __~) 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 Form TS 1 Signature Print Name TOwn of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfi'ont Revitalization Program. A proposed action will be evaluated as to its si..maificant 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, listin~ both supporting and non- suooortln~ facts. 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# q/.) / (22~ The Application has been subm~ttetl to (check appropriate respohse): Town Board Planning Board ~ 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: Location of action: Site acreage:_ Present land use: Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: ~q~/t~ (a) Name of applicant: ~)(~-~ (b) Mailing address: ~ (c) Telephone number: Area Code ( ) (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [~] NoR If yes, which state or federal agency?. C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. Yes [] No [] Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section 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. Sec LWRP Section III - Policies Pages 6 through 7 for evaluation criteria 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 No []Not Appiicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southoid ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. · ~Yes No Not Apl Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. [--] Yes ~] No [~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~] 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-dependent uses and promote siting of new water-dependent uses in suitable locations. Sce 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 E No [] Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. ~ Yes [~ No~-Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [~ Yes [] No ~ Not Applicable PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (63 I) 765-4330 Fax: (63 I) 765-4643 Solomon and Hen'era PLLC 2950 Hempstead Tpke, Suite 201 Levittown NY 11756-1398 Re: Dredging of West Lake channel September 11, 2012 Dear Mr. Solomon: We have requested a meeting with you, your client, and Costello Marine Contracting to discuss the West Lake maintenance dredging permit. To date no meeting has been agreed to by you or your client. We would like to discuss the following: 1. I have attached a copy of the public hearing for the Moy variance. At the public hearing Mr. Fischetti, P.E. testified on behalf of Mr. Moy, that in his professional opinion, the bulkhead was in good condition and structurally sound. (Exhibit A) Moreover, the Zoning Board conditioned their grant of the variances (Exhibit B) on the recorded Covenants & Restrictions (Exhibit C) which states "that the owner of the Premises maintain said Bulkhead". If construction ora new dwelling, sanitary and driveway will not affect the bulkhead, then the proposed maintenance dredging, which is done in accordance with the plans, will not affect the Moy property. 2.While dredging will not affect the Moy bulkhead, the next storm could, and the channel would be adversely affected. The West Lake Property Owners Association wants to encourage Mr. Moy to replace the bulkhead along the channel. They will pay to replace the northerly portion of the bulkhead (~100 linear feet) along the channel which abuts the West Lake upland (Midway Road). In 2007 West Lake Property Owners Association paid for replacement of 90 linear feet of low profile bulkhead on the west side of the channel (W. Lake Road). With West Lake paying for 100 linear feet of bulkhead replacement, the cost to your client to replace the balance of the bulkhead is significantly reduced. Solomon and Herrera PLLC September 11, 2012 Page 2 3. We would like to have Costello Marine Contracting bid on the entire bulkhead project however, we would required two other bids to assure all parties that the cost is competitive. In addition, a time line would need to be established for the work to be started. West Lake Property Owners Association is prepared to deposit the funds needed to undertake their costs to replace the 100 linear feet of bulkhead, we would similarly ask Mr. Moy to do the same with you. It benefits both of our client's to preserve the value of their properties and maintain the navigability of the channel. Please contact me as soon as possible. V~ry trulx)~rs, ~--~P~airicia C. Moore C: Southold Town Trustees with exhibits West Lake Property Owners Association 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 36 ZBA Town of Southold - June 30, 2010 going to be blocking that right of way, we're not going to be interfering the right of way to the extent those rights exist to any other adjacent property owner or member of the Association, they will have those rights. So I don't -- I understand there were one or two letters submitted by people who raised an issue as to whether or not the driveway or anything else would interfere with the right of way, it will not. If anything, it will actually improve the access for those people who have existing rights in the right of way because where now it's just this grassy area it will now be improved with a gravel driveway. So to the extent that anybody has a right, it will not be interfered with. To the extent that anybody doesn't have a right to use that, there's no impact of that because there's no interference with their rights at all. So I think that is an issue which is really not necessary for consideration by the Board. At this time, professional engineer. I'd also like to Pugliese CourtReportingand TranscriptionService (631)878-8355 I'd like to introduce Mr. Fischetti is a -- I 37 1 2 3 4 5 6 7 8 9 10 1t 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ZBA Town of Southold - June 30, 2010 think this Board is in fact familiar with Mr. Fischetti before, but for purposes of the record, I have a CV I'd like to offer for him, if I may~ CHAIRPERSON WEISMAN~ Thank you. MR. FISCHETTI: Good morning, members of the Board. Joseph Fischetti, Hobart Road, Southold. CHAIRPERSON WEISMAN: Good morning. MR. FISCHETTI: I was retained by Mr. Moy to complete architectural designs for a modest home on that property because of the recent changes, recent Septer~er changes in the FEMA requirements we had our FEMA zone change from an A zone to a B zone, which required the house to be designed on piles. I inspected the property and the bulkheadimg and the bulkhead is ~n very good conditioD. The piles themselves are friction piles and will not have any affect on the bulkhead during the construction or support of the home. Access to the property is very easy, should have no problem with the construction. We've designed a retaining wall around the sanitary system which is a requirement because PuglieseCourtReportingand TranscriptionService (631)878-8355 , , 38 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ZBA Town of Southold - June 30, 2010 of the high water table and the requirement for keeping the bottom of the sanitary system two feet from groundwater and that's the reason for the retaining walls and the additional soil conditions. I'd be glad to answer any additional technical questions that have to do with this project. CHAIRPERSON WEISMAN: would that conclude the formal presentations that the applicant wants to make so I'll open it up to questions from the Board. MR. ROSENBERG: Yes, Madam Chairperson. The only thing I would like to obviously reserve some time if there are any comments from anybody in the audience to respond to that. CHAIRPERSON WEISMAN: Sure. Certainly, no problem. MRo ROSENBERG: Thank you. CHAIRPERSON WEISMAN: Who had a question? MEMBER HORNING: this fellow here? MR0 ROSENBERG: MEMBER HORNING: Mr. Barron -- who is Mro Rosenberg. Rosenbergt sorry. Pugliese Court Reporting and Transcription Service (631) 878-8355 ZBA Town of Southold - June 30, 2010 1 2 3 4 5 7 9 10 11 12 13 14 15 16 17 18 2O 21 22 23 24 25 to the drive~ It is a double drive on the side and it comes extremely close to the dug inlet bulkhead and Mr. Fischetti says that the bulkheads were in good condition. Was he referring to all bulkheads or was he just referring to the bay front bulkhead? I think that really needs clarification and the other issue that I bring up is that if you drive into this driveway how do you get out? Do you back all the way out or do you in some way turn around without -- CHAIRPERSON WEISMAN: Winding up in the - MR. GUN-N: -- winding up in the drink? CHAIRPERSON WEISMAN: Perhaps we'll see - - who's representing the applicant would like to address that particular issue or those issues? MR. ROSENBERG: I think I'll ask Mr. Fischetti to address a couple of things, but I would say and again Mr~ Gunn was -- I was unsure whether he was talking about setbacks. Originally he was talking about elevation~ I would say regarding the elevation that the total height of the house, with the elevation Pug~lese CourtReportin§and Transcript{onSe~ice (631)878-8355 69 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ZBA Town of Southold - June 30, 2010 that's required under FEMA, is going to be well below the height limitation of the zoning ordinance~ So we're not from that whatsoever. CHAIRPERSON WEISMAN: asking for any relief Okay. MR~ ROSENBERG: As far as the turning movements, Mr. Fischetti -- MR. FISCHETTI: If I could comment again on the elevation level, which is what Mr. Gunn was really concerned about, the elevations. When I stated the elevations we have the new sanitary system on this profile, you have on the survey, is elevation 8. So we're going 14, that's 6 feet. So basically the whole front yard has been raised because of the grade of the sanitary system. So the existing grades that are there already are around 5-1/2 and 6o We're raising those to 8 and we're, again, we're 14. He raised a good point. This is a complicated project we probably would have a turnaround. So maybe the dotted lines that are shown there, we would probably have a turnaround so that you don't back out. That's up to the obligation of the, you know, of the Pugliese Cou~ Reporting and Tra~scriptionService (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 7O ZBA Town of Southold - June 30, 2010 final designs of the driveway itself and there's enough room in here to do turnarounds. That's not in there and I won't even address it at this point. As to the driveway being close to the bulkheads, yeah, that's fine. I don't see it as a problem. The bulkheads are in good condition, both the dug in]et and all the way eround~ So that having a car drive within ? feet of the hnlkhead will not cause the bulkhead shy de~/age. So those are my -- CHAIRPERSON WEISMAN: Let me ask a question cause I too had some concern when I was inspecting the site about the proposed, which I am now learning, despite the fact that it is on the survey, your opinion~ MR~ FISCHETTI: is not final designs in Well~ as I said, the poin5 is the turnaround. If the Board wants an actual exact drawing of the pervious driveway on the property line, we have the access coming in here, we might have to -- I would not want them to back out and I guess that's probably an error on my part or an error that we just eliminated. Normally you Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 71 ZBA Town of Southold - June 30, 2010 would have an area where a car could do a two- point turn and then turn around° I have not analyzed that~ so the -- CHAIRPERSON WEISMAN: I think that's something that would be very important. MR. FISCHETTI: Sure. CHAIRPERSON WEISMAN: Another thing is the possibility of a -- it's not terribly wider but nonetheless a -- MR. FISCHETTI: But for clarification I'm saying that we have the room in here to do it~ CHAIRPERSON WEISMAN: Yes, you do. MR. FISCHETTI: As the attorney says, we can back out into the easement and make the turn around, it does not show it. MR. ROSENBERG: MR. FISCHETTI: MR~ ROSENBERG: The right of way~ The right of way. Which we have unfettered access to. To me it looks almost like a one- family home with a single driveway. I back out into, instead of what would be the street, you'd back out into the right of way. MR. FISCHETTI: It does not show it and we can show it if the Board wishes. CHAIRPERSON WEISMAN: You can do that, PuglieseCou~ Reportingand TranscriptionSe~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 72 ZBA Town of Southotd - June 30, 2010 you don't have to drive out you can back out, but there is some concern about the safety of backing out or even driving in very close to what is the water. I mean I'm not talking about necessarily the structural integrity of the bulkhead. I'm talking about the safety in the dark of somebody driving in or driving out that close to water and wetlands also. There are some -- I did it myself when I inspected the site. MR. FISCHETTI: Okay. CHAIRPERSON WEISMAN: So I do understand what some of the issues are in terms of circulation on that site with a vehicle and on the adjacent sites~ In fact, I backed up on the adjacent property so that I wouldn't be -- have my wheels that close to the marsh or to the bulkhead~ MR. FISCHETTI; There's nothing in there that's allowing you to -- there's no designation of a driveway. There's no designation of landscaping or anything like that. CHAIRPERSON WEISMA/N: Not on the -- well, not at the moment. ~,~111~ Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ZBA Town of Southold - June 30, 2010 MR. FISCHETTI: Correct. CHAIRPERSON WEISMAN: That's why I think it's perfectly valid to talk about the design of the vehicular access in and out of this property and along the right of way, which the Moys -- MR. ROSENBERG: Okay. CHAIRPERSON WEISMAN: -- or any other property owner who has the right to use would be using~ So that is -- that's one of the things that I think I'd like to address. MR. ROSENBERG: Yes, CHAIRPERSON WEISMAN: So are there any comments; did that clarify your questions? Are there other comments from the neighbor that you would like to be reflected in the record? MR. GUI~N: Yes, that's -- CHAIRPERSON WEISMAN: Come forward, please, Mr. Gunn~ MR. GUN-N: Mr. Fischetti did not address the question with respect to the condition of the bulkhead. He -- CHAIRPERSON WEISMAN: On the inlet side? MR. GUNN: On the inlet side. PuglieseCourtRepo~ingand TranscriptionService (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 2O 21 22 23 24 25 ZBA Town of Southold - June 30, 2010 74 CHAIRPERSON WEISMAN: Okay. MR~ GUNN: He attested that the bulkhead is in good condition and I suspect that he is referring to the bay side, which is brand new, but quite honestly I don't know how old the inlet side is, and I do know that it is deteriorated because quite honestly there are sink holes and every bulkhead gets sinkholes in time. So I simply would ask are you Lestifying that the bulk21ead is in good repair on the entire site or just ~ that was my first question and my second question is -- was with regard to the measurement of 35.9 to the property line from the stoop and then the measurement -- it's hard to read it. Are you looking at same one. You want to know CHAIRPERSON WEISMAN: the survey, Mr. Gunn? MR. GUNN: Yes, The CHAIRPERSON WEISMAN: in the front yard is? That's clearly defined as what the setback to the stoop from the property line MR. GU/TN: 35.9. CHAIRPERSON WEISMAN: Yes, I believe that's Code compliant. PuglieseCou~ Repo~ingand TranscriptionService (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 76 ZBA Town of Southold - June 30, 2010 CHAIRPERSON WEISMAN: On the riser. MR. ROSENBERG: Madame Chairman, I think you answered the question of whether it counts for the difference to the landing and the steps which are excluded from the calculation of setback to the structure. I would like to ask Mr. Fischetti just to nail this down. I've heard him say it twice now, but with the Board's permission I'll ask him again. Mr. Fischetti, did you examine all of the bulkheads on all three sides of the property? MR. FISCHETTI: The deteimination is the structure ~s sound~ There are some sinkholes in there where some s~nd does go through the area, but that does not - the bulkhead is strueturaily sound~ Se it's really a te~n~inology o[ who's asking me what the -- wha~s considered okay er geed condztion. lt~s good conditio~ structurally. There are some sink holes a~d there are sol~e soil which ls kind of n©zmai and those are usually handled with s filts~ mesh and back f~!ling and not fro~, havi~t~ to zeconst~uch tile bulkhead and ~haa ..... was hy {4 ~,~di~,=~. · ~=~ question. CHAIRPERSON WEISMAN: Do you know who is Pugliese Cou~ Reporting and Transcription Service (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 78 ZBA Town of Southold - June 30, 2010 to be at the microphone. Well, I believe there was some concern in that letter expressed to the fact that if any damage to the bulkhead was undertaken during the construction of the proposed residence that the Moys would be responsible for repairs. MR. ROSENBERG: Yes and they certainly have a -- CHAIRPERSON WEISMAN: That was the request of the Association~ MR. ROSENBERG: Right. CHAIRPERSON WEISMAN: How does your applicant feel about that? MR. ROSENBERG: We have no problem with that~ ii~ fact, as a matter of fact, we have been doing that all along because we are there and we see it and we've always maintained it and we'll corttJ~lue to do so. MEMBER DINIZIO: But who is really responsible for, you know, that peninsula and the bulkhead itself? property owner or is Association? MR. ROSENBERG: I mean is it the it the Property Owner's I know the Association Pugliese Court RepoSing and Transcription Service (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 79 ZBA Town of Southold - June 30, 2010 has maintained the dredging of the inlet. I know that, but if the bulkhead is on our property, then Mr. Moy Js -.- okay, so it's on the applicant's property and we would be responsible for -- MEMBER DINIZIO: MR. ROSENBERG: MEMBER GOEHRINGER: MR. ROSENBERG: No, the inlet side~ MEMBER DINIZIO: MR. ROSENBERG: fronts on West Lake, On all Uh -- three sides? Two s~des., Peconic Bay ~gi. de and Right. The north that actually I don't think that's within our -- I don't think that's actually our property. That's beyond -- outside of our property line~ MEMBER DINIZIO: right of way is going, your driveway is going? MR. ROSENBERG: No. actually coming off the But that's where the I mean that's where The driveway is right of way~ MEMBER DINIZIO: Yeah, but I mean if that's -- it's going to be closest to the bulkhead upon which you have no -- MR. ROSENBERG: No, no~ Actually, Mr. Puglie~eCourtRepo~ingand TranscriptionService (63~)878-8355 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Horoing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971--0959 Office Location: Town Annex/Ftrst Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork, net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 RECEIVED MEETING OF OCTOBER 7, 2010 $outhold Town Clerk ZBA FILENo.: 6383 NAME OF APPLICANT: Sim Moy CTM 1000-90-2-1 PROPERTY LOCATION: 750 West Lake Drive, (adj. to Little Peconic Bay and Dug Inlet) Southold, NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated April 29, 2010 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: This application was referred for reviewed under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued his reply dated June 21, 2010, Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Applicant's property is an 8,861 sq. t~. non-conforming waterfi'ont parcel. The lot is also identified as Lot 119 within Cedar Beach Park at Bayview, located in Southold, NY. The northerly lot line measures 77.04 feet along a private right of way named West Lake Drive. The easterly lot line measures 104.50 feet from West Lake Drive to the water's edge of Little Peconie Bay. The southerly lot line measures 89.93feet along a wooden bulkhead on Little Peconie Bay, and the westerly lot line measures 99.53 feet along a wooden bulkhead on the dug Inlet, which joins West Lake to Little Peconic Bay. The parcel is currently not developed, with the proposed construction as shown on the site survey drawn by Fox Land Surveying on Dee. 06, 2004, updated numerous times, with tt~ last revision under ZBA oonaideration dated Sept. 21,2010. BASIS OF APPLICATION: Request for Variances from Code Sections 280.124 & 280-116 based on an application for building permit and the Building Inspector's January 12, 2010, Updated March 15, 2010, Notice of Disapproval concerning construction of a new single family dwelling, at (I) less than the code required minimum rear yard setback of 35 feet, (2) less than the code r~uired setback from a bulkhead of 75 feet at; 750 West Lake Dr., Southold, NY. SCTM#1000-90.2-1. (adj. to Little Pe¢onic Bay and dug Inlet) RELIEF REQUESTED: The applicant proposes to construct a new single family dwelling on this non-conforming parcel, with a non-conforming rear yard setback of 31 feet rather than the Code required 35 feet; and the Applicant proposes to establish a non-conforming setback from the bulkhead of 26 feet on the southern lot line Page 2 ,- Octotgf 7, 2010 ZBA Fil¢#638S - Moy Gl'M: 1000-90-2-! adjacent to Little Peconic Bay, and another non-conforming setback from the bulkhead of 24 feet on the western lot line adjacent to a channel called the dug Inlet which connects Little Peconic Bay to West Lake. AMENDED APPLICATION: During the June 30, 2010 hearing, the applicant was asked to bring the plan into more conformity with the code. The ZBA expressed concern about the location of the Applicant's proposed driveway, in very close proximity to a bulkhead. On the Sept. 23, 2010 Public Hearing, the Applicant submitted a revised survey by David H. Fox, Licensed Surveyor last dated September 21, 2010 which shows a relocated side yard building enO'anco with a proposed distance from the Dug Inlet to the door steps at 24.3 ff., an increase of 3 ft., from the original proposed distance of 21.2 ft. The Applicant also redesigned the proposed driveway, shifting it further away from the Dug Inlet bulkhead, to a proposed minimum distance of +/- 12 ft. from the bulkhead to the edge of the driveway, as shown on the revised site plan sheet S-I drawn by Joseph Fisch~'ti, P.E., and dated Sept. 08, 2010. ADDITIONAL INFORMATION: The Applicant has submitted a letter from the Southold Board of Town Trustees dated July 22, 2009, approving this new construction, accompanied by a Wetland Permit issued by the Trustees. The Applicant has submitted a valid NYSDEC Permit, dated Dee. 19, 2006, and a letter from the Suffolk County Soil and Water Conservation District, dated June 17, 2010, with recommendations to the Applicant regarding methods to ensure the protection of the natural environment. The Applicant has also recently submitted a landsoape/grading plan, and a letter of intant to construct an access road as required under Section 280-137Ale] of the Town Code, drawn and written by Joseph Fisebetti, Professional Engineer, and dated July 16, 2010. The ZBA has also received written statements and correspondence from several neighbors, including representatives of the West Lake Association, Inc., all of which were considered in the Board's deliberations. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on June 30, 2010, August 26, 2010 and Sept. 23, 2010, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law $267-h(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The residential neighborhood consists of many developed non-conforming sized parcels, with many non-conforming front yard setbacks, and setbacks from bulkheads. The Zoning Board of Appeals, in several past decisions has granted similar variances for bulkhead setbacks within this neighborhood, and the granting of the variances requested by the Applicant will not create any additional adverse effects that would outweigh the benefit that the Applicant would achieve by the proposed construction. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The small area size of this property and the fact that two lot lines are adjacent to bulkheads create a situation whereby the Applicant cannot build a house without variances. 3. Town Law $267-bf3)ib)¢3L The variance relief granted herein for the distance to the bulkheads is substantial. The proposed 24 foot setback from the westerly bulkhead is a +68% reduction in the Code required 75 foot setback. The proposed 26 foot setback from the southerly bulkhead is a +65% reduction in the required setback. The variance relief granted for the 31 foot Ce. or yard setback, is a +11% reduction, where Code requires a 35 foot setback, and is not substantial. ~ 4. Town Law §2.67-bO)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The Applicant will comply with all of the conditions specified in thc Southold Town Board of Trustees Wetland Permit and NYSDEC Permit. The Applicant is also strongly encouraged by this Board to adhere to all recommendations made by the Suffolk County Soil and Water Conservation District. 5. Town Law §267-b(3)(b)(5). The difficulty has not been self-created, but is attributed to the size and location of the Applicant's particular parcel. 3;- October 7, 20! 0 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a single family dwelling, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: la considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman (Chairperson), seconded by Member Schneider, and duly carried, to GRANT, the variance as AMENDED, and shown on the survey drawn by Fox Land Surveying on Dec. 6, 2004, with the last revision under ZBA consideration dated Sept. 21, 2010, and the site plan sheet S-I drawn by Joseph Fischetti, Professional Engineer, and dated September 8, 2010. Conditions: 1. The Applicant will implement all aspects of the grading plan as approved by the Trustees and as noted on the site plan approved herein including: "Site fill not to exceed 350 cubic yards". 2. The Applicant will develop the required Section 280-137Ale] access to the property. 3. During the construction process, the Applicant shall use light, rubber tired construction equipment to avoid damage to the natural features of the subject property and the two as built bulkheads Any damage to the bulkhead along the Dug Inlet caused during the construction process shall be repaired by the owner/applicant and no Certificate of Occupancy shall be issued by the Building Department until repairs are made as required. 5. The owner/applicant shall file covenants and restrictions on the subject property to advise future owners that the maintenance of the bulkhead along the Dug Inlet is a continuing obligation 6, The owner/applicant shall install a line of hay bales during the construction process as per best environmental management practices to protect both bulkheads on the subject property 7. The owner applicant shall install a 4 t~. high wood split rail fence, or similar to act as a safety guardrall between the Dug Inlet and the proposed pervious driveway for the entire length of the proposed driveway. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by thi~ Building Department ora building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from thc varinncc given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action docs not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves thc right to substitute a similar design that is de minimis in nature for an alteration that dons not increase the degree of nonconformity. Vote of..tSe Board: Ayes: Members Weisman (Chairperson), Goehringer, Dinizio, Schneider. (Me.r~rber~orning by telet~hone, no voting rights) This Resolution was duly adopted (4-0). Leslie Kanes Weisman, Chairperson Approved for Filing/~ / ,/~/2010 Number of pages This document will be public record. Please remove all Social Security Numbers prior to recording, Deed / Mortgage Instrument 31 Page / Filing Fee ,~ -- Handling 20. O0 TP-584 Notation EA-S2 17 (County) EA-5217 (State) Comm. of Ed. $. OD Affidavit Certified Copy i NYS Surcharge 15. 00 Other ii Real Pn ~ Tax Ser Agen Verific~ 8 I IOOO 09000 0200 OO1OOO Deed/MortgageTax Stamp FEES Sub Total SubTotal ran Tota, 001.000 5 Sat~s~act~ons/Pischarges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Suffolk Environmental Consulting, Inc. P,O. Box 2003 Bridgehampton, NY 11932 Mail to: Judith A. Pascale, Suffolk County Clerk 7 I Title 310 Center Drive, Riverhead, NY 11901 LCo. Name www.suffolkcountyny.gov/clerk I Title # RECORDE£:, 201i Sep 29 09:47:08 J'U[:'ITH iq. PASCRLE CLERK ,DF RECEIVED SUFFOU' COUN'I'¥ L D00012672 F' BOARD OF APPEALS Recording / Filing Stamps Mortgage Amt. I. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County Held for Appointment Transfer Tax Mansion Tax The property covered Dy this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # of this instrument. Community Preservation Fund Consideration Amount $ CPF Tax Due $ Improved Vacant Land TD_ TD TD Company Information Suffolk County Recording & Endorsement Page This page forms part of the attached by: SIM MOY 106 MULBERRY CORPORATION Declaration of Covenants and Restrictions (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. made TO In theTOWN of SOUTHOLD TOWN OF SOUTHOLD In the VILLAGE ZONING BOARD OF APPEALS or HAMLET of SOUTHOLD BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. DECLARATION OF COVENANTS AND RESTRICTIONS THISDECLARATIONis made and dated the ,2-O"' day of January, 2011 by SIM MOY, an individual having an address at 106 Mulberry Street, New York, New York 10013, and 106 MULBERRY CORPORATION, a domestic business corporation with offices at 88 Mulberry Street, New York, New York 10013 (hereinafter collectively "Declarant") WITNESSETH: WHEREAS, Declarants is the owner of a parcel of certain real property known as 750 West Lake Drive, Hamlet of Bayview, Town of Southold, County of Suffolk, State of New York identified on the Suffolk County Land and Tax Map as Distx/ct 1000, Section 90, Block 2, Lot(s) I and more particularly described on Schedule "A" annexed hereto and made a part hereof (the "Premises"); and WHEREAS, the westerly lot line of the Premises measures ninety-nine and 53/100 (99.53) feet along a wooden bulkhead on the Dug Inlet (the "Bulkhead"), which adjoins West Lake to Little Peconic Bay; and WHEREAS, Declarants has heretofore applied to the Zoning Board of Appeals of the Town of Southold, County of Suffolk and State of New York (hereinafter the "Zoning Board of Appeals") for area variances from Article 23, §280-124 & 280-116 of the Zoning Code of the Town of Southold for the Premises; and WHEREAS, by Findings, Deliberations and Determination of the Zoning Board of Appeals approved for filing on October 12, 2010, based upon the testimony, documentation, personal inspection of the Premises and other evidence, said application for area variances was approved on the condition, inter alia, that Declarant files Covenants and Restrictions on the Premises; and.~'~/~ RECEIVED OCT 2011 BOARD OF APPEALS WHEREAS, for and in consideration of the granting of said approval, the Zoning Board of Appeals has deemed it in the best interests of the Town of Southold that the within Covenants and Restrictions be imposed on the Premises and said Zoning Board of Appeals has required that the within Declaration be filed in the Suffolk County Clerk's Office; and WHEREAS, the Declarant has considered the foregoing and has determined that the same will be for the best interests of the Declarant and subsequent owners of the property; NOVd, THEREFORE, THAT the Declarant, does hereby covenant and agree that the said Premises herein described shall hereafter be subject to the Covenants and Restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers and holders of said lots, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: that the owner of the Premises maintain said Bulkhead (but shall not be obligated to dredge or maintain the Dug Inlet). If any section, subsection, paragraph, clause, phrase or provision of these Covenants and Restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegai, unlawful, invalid or unconstitutional. The aforementioned Covenants and Restrictions are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liabilit~ b'~v~ECE]VED OCT 5 [011 BOARD OF APPEALS whatsoever upon the Town of Southold or any office or employee thereof. The within Covenants and Restrictions shall run with the land and shall be binding upon the Declarant and its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked or amended by subsequent owners of the Premises unless and until approved the Zoning Board of Appeals of the Town of Southold, or its successor, following a public hearing. IN WITNESS WHEREOF, the Declarant have caused this instrument to be executed the day and year first written above. By: SI~ MOY ~ 106 MULBERRY CORPORATION Name: ST Title: Presidenf' STATE OF NEW YORK, COUNTY OF~,t~ '~ Q/~ '-q ss.: On theo(0Th day of January, in the year 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared SIM MOY, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument ~nd acknowledged to me that she executed the same in her capacity and that by her signature on the ~nstmment, the individual, or the person upon behalf of which the individual acted, executed the instrument. FUNG KAM LIN I~T~RY PU~ ~TAI~ OF NEW y~i~ REG. # 01FU6222~1 · ~"~' ~ E~:~. (}~24/2014 RECEIVED OCT $ 2011 BOARD OF APPEALS On th~ day of January in the year 2011 before me, the undersigned, a Notary Public in and for said State, personally appeared STUART MOY personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. FUNO KAM UN QUAUFIED IN KING COUNTy RE(I,, # 01FU6222~1 OCT 5 2011 BOARD OF APPEALS SCHEDULE A SCTM No. 1000-90-2-1 RECEIVED BOARD OF APPEALS ALL that certain plot, piece or parcel of land, lying and being in the Town of Southold, County of Suffolk and State of New York, particularly identified as Lot Numbered 119 on a certain Map entitled "Subdivision Map of Cedar Beach Park" and filed in the offices of the Suffolk County Clerk as Map No. 90. LITTLE PECONIC BAV S 21°14'10" W 104.5' SXTE PLAN DUG ;NLET WEST LAKE FINAL MAP REVIEWED BY ZBA SEE DECISION # ~ DATED /~ 1'7 I, ,,o FINAL MAP REVIEWED BY ZBA SEE DECISION ~ SIM MOY HYDROGRAPHIC MAP WEST LAKE CHANNEL Surveyed: 06-26-12 Amended: 07-01-12 Town: Southold Suffolk County, NY Datum: A L W I I 1"= 30' N '~ ~ ~ ~ ~ ~ .. eageoTmarsh PECoNic qD.q c~ to -~..,~-~ G Oeedcje -D ALPI 44.q c~ slopes 42.0 c~ mir~. I0~ ~ l¥om ~/ - E bulkheads ~/ ~a., c~ ~ 2q.2 c~ ~8.4 c~ 12.q cg ~,, ~^ Aplocox. &40 cq [o be remove~