HomeMy WebLinkAboutTR-7837 John M. Bredemeyer III,President *rjf so lyo l Town Hall Annex
O
Michael J.Domino,Vice-President '` � 54375 Main Road
P.O. Box 1179
James F.King,Trustee Southold, New York 11971-0959
Dave Bergen,Trustee G Q
Charles J.Sanders,Trustee O • �� Telephone(631)765-1892
�iYOUM`i,�� Fax(631) 765-6641
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
CERTIFICATE OF COMPLIANCE
# 1048C Date: September 26, 2014
THIS CERTIFIES that the removal of existing septic system and installation of a new
one further landward,• dUwells• existing foundation to remain; new first floor at elevation 12;
south screened porch and its foundation removed and replaced with new deck piers and decking;
north bedroom and its foundation removed and new foundation installed to support new exterior
walls; basement filled with t2' of sand with new concrete slab; 25' wide non-turf buffer
landward of edge of wetlands
At 90 Oak Street, Cutchogue,New York
Suffolk County Tax Map# 136-1-54
Conforms to the application for a Trustees Permit heretofore filed in this office
Dated December 15, 2011 pursuant to which Trustees Wetland Permit#7837 Dated
June 20, 2012,was issued and Amended on May 15, 2013 and conforms to all of the
requirements and conditions of the
applicable provisions of law. The project for which this certificate is being issued is
for the removal of existing septic system and installation of a new one further landward,
dgwells• existing foundation to remain; new first floor at elevation 12• south screened porch and
its foundation removed and replaced with new deck piers and decking; north bedroom and its
foundation removed and new foundation installed to support new exterior walls; basement filled
with t2' of sand with new concrete slab; 25' wide non-turf buffer landward of edge of wetlands.
The certificate is issued to DOUGLAS & KATHLEEN FOLTS owners of the
aforesaid property.
Authorized Signature
0 •
John M. Bredemeyer III, President ZOSuJfF01 , Town Hall,53095 Main Rd.
Michael J. Domino,Vice-President a�0 goy P.O.Box 1179
James F. King y Southold,NY 11971
Dave Bergen Telephone(631)765-1892
Charles J.Sanders �Ol �a0 Fax(63 I)765-6641
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
DATE OF INSPECTION: ?4z 1
Ch. 275 Ch. 111
INSPECTION SCHEDULE
Pre-construction, hay bale line/silt boom/silt curtain
1 st day of construction.
constructed
Project complete, compliance inspection.
INSPECTED BY: 'J. 13
COMMENTS: J� r
CERTIFICATE OF COMPLIANCE: �l
CC# : C14-40373
o
COUNTY CLERK'S OFFICE
STATE OF NEW YORK
COUNTY OF SUFFOLK
I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court
of Record thereof do hereby certify that I have compared the annexed with the original
DECLARATION
recorded in my office on 10/02/2014 under Liber D00012790 and Page 847 and,
that the same is a true copy thereof, and of the whole of such original.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County
and Court this 10/02/2014
SUFFOLK COUNTY� CLERK
; JUDITH A.PASCALE
SEAL
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DECLARATION Recorded: 10/02/2014
Number of Pages: 4 At: 03:27 :40 PM
Receipt Number : 14-0130870
LIBER: D00012790
PAGE : 847
District: Section: Block: Lot:
1000 136. 00 01 . 00 054 .000
EXAMINED AND CHARGED AS FOLLOWS
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $20 .00 NO Handling $20 .00 NO
COE $5 .00 NO NYS SRCHG $15.00 NO
TP-584 $0 .00 NO Notation $0 .00 NO
Cert.Copies $15. 00 NO RPT $60 .00 NO
Fees Paid $135.00
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
IF
Number of pages
This document will be public
record. Please remove all
Social Security Numbers
prior to recording.
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Reco ding/Filing Stamps
3 FEES
Page /Filing Fee Mortgage Amt.
1. Basic Tax
Handling 20, 00 2. Additional Tax
TP-584 Sub Total
Notation
Spec./Assit.
or
EA-52 17 (County) Sub Total Spec./Add.
EA-5217 (State) P TOT.MTG.TAX
�(Ujy,, Dual Town Dual County
R.P.T.S.A. "Z� Held for Appointment
Comm. of Ed. 5. 00 Transfer Tax
+
Affidavit 4 Mansion Tax
�
The property covered by this mortgage is
rtified Copy or will be improved by a one or two
NYS Surcharge 15. 00 family dwelling only.
Sub Total
Other YES or NO
Grand Total If NO,see appropriate.tax clause on
page# of this instrument.
4 1 Dist. /CO 2805216 1000 13600 0100 054000 > 5 Community Preservation Fund
Real Property P T S 11111111111111111111111111111111111111111
Consideration Amount $
Tax Service R SWI A
Agency 02-OCT-1 CPF Tax Due $ — o
Verification
_
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address Improved
RECORD & RETURN TO: Vacant Land
t
MCS - DVL)Y16 i C - TD /0�d S
yb OAK Sf(e-e� TD
CU} 6)Ue1 A8 01.7-s' TD
Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Comyanj Information
310 Center Drive, Riverhead, NY 11901 Co. Name
www.suffolkcountyny.gov/clerk Title# /W n
8 Suffolk County Recording & Endorsement Page
This page forms part of the attached AecI ACA ; oar tC CDue"fta•►b made by:
n( (SPECIFY TYPE OF INSTRUMENT)
iIJO t% !�Y3 S C- The premises herein is situated in
SUFFOLK COUNTY,NEW YORK.
To In the TOWN of S 0,46 1 9
In the VILLAGE
or HAMLET of C'1-6 b a ¢61
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
12-0104..10/08kk
(over)
DECLARATION OF COVENANTS
THIS DECLARATION made this 2^1 day of October, 2014, by DOUGLAS C. FOLTS AND
KATHLEEN M. FOLTS, his wife, residing at 90 Oak Street, Cutchogue, New York 11935,
hereinafter referred to as "DECLARANT (S) II:
W I T N E S S E T H
WHEREAS, DECLARANT (S) is/are the owner (s) of certain real property located
on 90 Oak Street, Cutchogue, Town of Southold, County of Suffolk, State of New
York, described in the Suffolk County Tax Map as District 1000, Section 136.00,
Block 01.00, Lot 054.000 which is more particularly bounded and described as set
forth in Schedule "A" annexed hereto, hereinafter referred to as the Property;
WHEREAS, the Property is situated on lands within the jurisdiction of the
Board of Trustees of the Town of Southold (hereinafter the "Trustees") pursuant
to Chapter 275 of the Town Code of the Town of Southold or its successor, and
various activities conducted upon the property may thus be subject to the
regulation and approval of the Trustees prior to being conducted;
WHEREAS, the DECLARANT(S) therefore made application to the Trustees for a
permit pursuant to the Wetlands Law of the Town of Southold to undertake certain
regulated activities; and
WHEREAS, as a condition of the granting of a Wetlands Permit to undertake
such regulated activities, the Trustees required that a twenty-five (25) foot
"non-turf buffer" adjacent to and landward of adjacent to and landward of mean
high water mark of Eugene' s Creek a/k/a East Creek;
NOW, THEREFORE, the DECLARANT (S) do/does hereby covenant and agree as
follows:
1) Upon the substantial completion of the aforementioned permitted
activities there shall be established and subsequently maintained
twenty-five (25) foot -"non-turf buffer" as defined by Chapter 275 of the
SCHEDULE A
ALL that certain plot, piece or parcel of land, with the
buildings and improvements thereon erected, situate, lying and
being at Cutchogue, Town of Southold, County of Suffolk and State of
New York, known and designated as Lot Nos. 1, 2, 3 and 4 and the
westerly one-half of Lot 5 on a certain map entitled, "Map of Eugene
Heights", owned by Jacob F. Bowers, situate at Cutchogue, New York,
which said map was filed in the Suffolk County Clerk's Office at
Riverhead, New York on October 29, 1928 as Map No. 856, being bounded
and described as follows:
BEGINNING at a point located at the intersection of the
easterly side of Harbor Lane and the southerly side of Oak
Street which point is the northwesterly corner of the premises
about to be described; running thence from said point of
beginning along the southerly side of Oak Street North 43° 08 '
30" East 111 . 0 feet to a monument and land now or formerly of D.
& J. Monk; running thence along said land now or formerly of D.
& J. Monk South 51° 25 ' 40" East 159. 65 feet; running thence
South 49° 06 ' 19" East 11 . 01 feet to the mean high water mark of
East Creek (Eugene ' s Creek) ; running thence along the mean high
water mark of East Creek (Eugene ' s Creek) on a tie line course
of South 430 20 ' 08" West 124 . 15 feet to the easterly side of
Harbor Lane; running thence along the easterly side of Harbor
Lane North 46° 51 ' 30" West 169. 72 feet to the point or place of
BEGINNING.
Town Code; and as depicted on survey/site plan last dated
and stamped approved on A9kr t Z,:::,13 ; and
2) These covenants shall run with the land and shall be binding on the
DECLARANT(S) , his/her/their heirs, assigns, purchasers, or successors in
interest and may only be modified after a public hearing and upon
resolution of the Trustees.
IN WITNESS WHEREOF, the owner (s) has/have duly executed this instrument this Z.,(
day of 20/ y .
.y
OWNER'S SIGNATURE
OWNER'S SIGNATURE
STATE OF Neu) Vork
ss:
COUNTY OF S U i'Ya%K
On the �_ day of O cL h,er in the year 201 , before me the
undersigned, a Notary Public in and for said State, personally appeared
c.
or proved
ot"V# me on the basis of
satisifactory evidence tobethe personally nd v dual (s) ewhose name (s)o is-/are subscribed to
the within instrument and acknowledged to me that .lie/they executed the same in
hi-%,/"r/their capacity, and that by hi-&/4h /their signature (s) on the instrument,
the individual or the persons on behalf of which the individual (s) acted, executed
the instrument.
Notary Public
BARBARA DIACHUN
Notary Public, State of New York
No 01 D14635190-Suffolk County
Commission Expires Oct.31,20;y
2
James F. King, President
Bob Ghosio, Jr., Vice-President
Dave Bergen
John Bredemeyer
Michael J. Domino
Town Hall Annex
54375 Main Road
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1892
Fax (631) 765-6641
May 15, 2013
BOARD OFTOWNTRUSTEES
TOWN OFSOUTHOLD
Mr. Mark Schwartz, Architect
PO Box 933
Cutchogue, NY 11935
RE:
DOUGLAS & KATHLEEN FOLTS
90 OAK STREET, CUTCHOGUE
SCTM# 136-1-54
Dear Mr. Schwartz:
The following action was taken by the Southold Town Board of Trustees at their Regular
Meeting held on Wednesday, May 15, 2013:
WHEREAS, Mark Schwartz, Architect on behalf of DOUGLAS & KATHLEEN FOLTS
applied to the Southold Town Trustees for an Amendment to Wetland Permit #7837
under the provisions of Chapter 275 of the Southold Town Code, the Wetland
Ordinance of the Town of Southold, application dated December 28, 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 to be Consistent with the Local Waterfront Revitalization Program policy
standards, and,
WHEREAS, the structure complies with the standards set forth in Chapter 275 of the
Southold Town Code,
WHEREAS, the Board has determined that the project as proposed will not affect the
health, safety and general welfare of the people of the town,
NOW THEREFORE BE IT,
RESOLVED, that the Southold Town Board of Trustees APPROVE the Amendment to
Permit #7837 for the existing foundation to remain; new first floor to be at elevation 12;
the south screened porch and its foundation walls will be removed and replaced with
new deck piers and decking; the north bedroom and its foundation walls will be removed
and the proposed foundation installed to support proposed exterior walls; no first floor
walls will remain; due to the water table, the existing basement will be filled in with
approximately 2' of sand with a new concrete slab; with the condition to establish and
subsequently maintain a 25' wide non-turf buffer landward of delineated edge of
wetlands; and as depicted on the site plan prepared by Mark Schwartz, Architect, last
dated December 28, 2012, and stamped approved on May 15, 2013.
Fees must be paid, if applicable, and permit issued within six months of the date of this
notification.
Inspections are required at a fee of $50.00 per inspection. (See attached schedule.)
Fees: $0.00
This is not a determination from any other agency.
Sincerely,
James F. King, President
Board of Trustees
JFK/amn
BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
Gerard P. Goehringer
George Homing
Ken Schneider
Southold Town Hall
53095 Main Road o P.O. Box 1179
Southold, NY 11971 ~0959
Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Tel. (631) 765-1809- Fax (631) 765-9064 '4- -~ t I ~--5'7
TOWN OF SOUTHOLD REJ:,Et/V'ED
AP 23 013 .
MEETING OF April 18, 2013 aO~hold Town~Cle~
ZBA FILE: 6536 AMENDED
NAME OF APPLICANT: Douglas C. and Kathleen M. Folts
PROPERTY LOCATION: 90 Oak St. (comer of Harbor Lane) (adj. to East Creek, a/k/a Eugene's Creek),
Cutchogue, NY SCTM# 1000-136-01-54
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this
application and determines that this review falls under the Type II category of the State's List of Actions, without
ftlrther 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 January 12, 2012 stating that this application is considered a matter for local determination as there
appears to be no significant county-wide or inter-community impact.
LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency
review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy
Standards. The LWRP Coordinator issued a recommendation dated January 24, 2012. Based upon the information
provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records
available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards
and therefore is CONSISTENT with the LWRP.
PROPERTY FACTS/DESCRIPTION: The subject parcel is 20,014 square feet as calculated to the mean high
water tie line and is improved with a 1 sto~y frame dwelling and an accessory frame garage. The subject parcel,
fronts Oak Street to the north for 111.00 feet, has a second front yard along Harbor Lane to the west for 169.72
feet, has 159.65 feet along the east property line and has rip rap along the waterfront to East Creek (Eugene's
Creek) along its southern property tie line for 124.15 feet as shown on the survey dated January 4, 2010, revision
dated Aug. 31, 2010 (additions), prepared by Peconic Surveyors and John T. Metzger, L.S.
BASIS OF APPLICATION: Request for Variance from Article XXII, Code Section 280-116B and the Building
Inspector's December 15,2011, Notice of Disapproval based on a building permit application to construct addition
and alteration to a single family dwelling, at: less than the code required riprap setback of 75 feet. AMENDED
through the Notice of Disapproval dated February 8, 2013, for demolition and construction of a new single
family dwelling at less than the code required riprap setback of 75 feet.
RELIEF REQUESTED: The applicant requests a variance to construct a second story addition with porches and
attached garage and deck and alterations to a pre-existing non-conforming dwelling, which a portion of the
proposed work at a 49 foot setback from the existing rip rap where the code requires a 75 foot setback.
Page 2 of 3 - April 18, 2013
ZBA File#6536 FoltsAmended
SCTM: 1000-136-1-54
AMENDED REQUEST - The applicant proposes to demolish the pre-existing dwelling to the top of the pre-
existing foundation and construct a new single family two story dwelling in its place. The proposed
construction will require a variance for a 49 foot setback from the existing rip rap where the code requires a
75 foot setback.
ADDITIONAL ENFORMATION: Once the applicant started the original proposal it was discovered that the
existing structure was not able to sustain the weight of the proposed second floor addition. The applicant
requested another hearing to review a request for a demolition. The subject one family dwelling with porch
and accessory garage have a Pre Existing C.O. No. Z-33734. The Town of Southold Property Record Card
indicates that the Folts' family has always maintained ownership of the subject parcel. There is no
opposition from nearby property owners, to the proposed construction and its proposed location. The
proposed architectural plans are the same as those which were approved in the original decision #6536
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on February 2, 2012 and April 4, 2013
(reopening), at which time written and oral evidence were presented. Based upon all testimony, documentation,
personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the
following facts to be true and relevant and makes the following findings:
1. Town Law §267-b(3)(b)(l). Grant of the requested variance will not produce an undesirable change in the
character of the neighborhood or a detriment to nearby properties. The proposed demolition and construction of a
single family dwelling are characteristic to what exists in this neighborhood and the proposed setback from East
Creek and the rip rap are similar to existing setbacks of other creek front parcels in this neighborhood.
2. Town Law l~267-b(3)(b~(21. The benefit sought by the applicant cannot be achieved by some method, feasible
for the applicant to pursue, other than an area variance. The pre-existing dwelling to be demolished and its
foundation pre-exists in its nonconforming rip-rap setback location of an average of 55 feet and consequently any
proposed construction of a dwelling upon the pre-existing foundation will require a rip rap setback variance. The
agent for the applicant provided information that the existing foundation will be preserved and additional block will
be added to the top to raise the dwelling approximately two additional feet.
3. Town Law §267-b{3)(b){31. The variance granted herein is mathematically substantial, representing a 35%
relief from the code. However, the substantiality is mitigated when considering the proposed rip rap setback from
the proposed construction of a new dwelling are similar to what pre-exists on the subject parcel and is similar to
what exists on other parcels in this neighborhood.
4. Town Law §267-b(3)(b)(41 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. All
storm water runoffwill be retained on site as per town code.
5. Town Law §267-bO)(b)(51. The difficulty has not been self-created. The difficulty is created by the enactment
of Town Code section 280-116B after the construction of the subject pre-existing dwelling and its foundation.
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 constructing a new dwelling upon the pre-existing foundation at less than the code
required 75 foot rip rap setback, while preserving and protecting the character of the neighborhood and the health,
safety and welfare of the community.
Page 3 of 3 - April 18~ 2013
ZBA Fde#6536 - FoiLs Amended
SCTM: 1000~136-1-54
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under
New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Weisman
(Chairperson), and duly carried, to
GRANT, the area variance as applied for, and shown on the Site Plan, Sheet S-l, dated March 6, 2013 and Sheets
A-I thru A-4 inclusive, dated Dec. 27, 2012 entitled "Additions and Alterations", Folts House, prepared by Mark
Schwartz, R.A.
CONDITIONS:
1. Town of Southold Trustees approval and fulfillment of their required conditions, if applicable.
That the above conditions be written into the BuiMing 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 the Building Department ora building permit, and may require a new application and public hearing before
the Zoning Board of Appeals.
Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited
above, such as alterations, extensions, or demolitions, are not authorized under this application when involving
nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other
feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are
expressly addressed in this action.
The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of
nonconformi~y.
Vote of the Board; Ayes: Members: IFeisman (Chairperson), Goehringer, Horning, Schneider. This Resolution was duly adopted (4-0).
Approved for filing ~/~/.2-2__/2013
/
Peter Young, Chairman
Lauren Standish, Secretary
Town Hall 53095 Main Rd.
P.O. Box I 179
Southold, NY 11971
Telephone (63 I) 765-1892
Fax (631) 765-6641
Conservation Advisory Council
Town of Southold
At the meeting of the Southold Town Conservation Advisory Council held Wed., January
16, 2013 the following recommendation was made:
Moved by William McDermott, seconded by Jack McGreevy, it was
RESOLVED to SUPPORT the Wetland Permit application of DOUGLAS & KATHLEEN
FOLTS for the existing foundation, new first floor at elev. 12', remove and replace south
screened porch and foundation and replace with new deck piers and decking, remove
foundation walls of north bedroom and install new foundation to support proposed exterior
walls. No first floor will remain. Fill existing basement with approx. 2' of sand and new
concrete slab.
Located: 90 Oak St., Cutchogue. SCTM#136-1-54
Inspected by: William McDermott, Jack McGreevy, Audrey Horton
Vote of Council: Ayes: All
Motion Carried
JAN ~ 8 2013
.James F King, Prcsidcnl
Bob Ghosio..ir, Vice-President
Dave Bergen
.iohn Brcdcmeyer
Michael J. Domino
PO Box 1179
Soulhold, NY 11971
Telephone (631 765-1892
Fax (631 ) 765-6641
Date/Time:
Southold Town Board of Trustees
Field Inspection/Worksession Report
Mark Schwartz, Architect on behalf of DOUGLAS & KATHLEEN FOLTS
requests an Amendment to Wetland Permit #7837 for the existing
foundation to remain; new first floor to be at elevation 12; the south
screened porch and its foundation walls will be removed and replaced with
new deck piers and decking; the north bedroom and its foundation walls
will be removed and the proposed foundation installed to support
proposed exterior walls; no first floor walls will remain; due to the water
table, the existing basement will be filled in with approximately 2' of sand
with a new concrete slab. Located: 90 Oak Street, Cutchogue. SCTM# 136-
1-54
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:
Present Were: ~' J. King ,; B. Ghosio__
,,¢./J. Bredemeyer ,¢, Michael Domino
D. Bergen,
D. Dzenkowski
Form filled out in the field by ,
Mailed/Faxed to:
Date:
other
James F. King, President
Bob Ghosio, Jr., Vice-President
Dave Bergen
John Bredemeyer
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
YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES
72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN
APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO
SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE
PERMIT.
INSPECTION SCHEDULE
Pre-construction, hay bale line
__ 1st day of construction
¼ constructed
Project complete, compliance inspection
BOARD OF SOUTHOLD TOWN TRUSTEES
SOUTHOLD, NEW YORK
PERMIT NO. 7837 DATE: JUNE 20~ 2012
ISSUED TO: DOUG & KATHLENE FOLTS
PROPERTY ADDRESS: 90 OAK STREET~ CUTCHOGUE
SCTM# 136-1-54
AUTHORIZATION
Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of
Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on June
20, 2012, and in consideration of application fee in the sum of $250.00 paid by Doug & Kathlene Folts 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 re-frame the existing first-floor with attached garage, wrap
around porch and new second-floor; existing septic system to be removed and new one
to be installed further from the water; and install drywells to control water run-off
from dwelling; with the condition of a line of staked hay bales with silt fencing is to be
installed along the limit of clearing line prior to construction; and as depicted on the
site plan prepared by Mark K. Schwartz, Architect, last dated December 6, 2011, and
stamped approved on July 6, 2012.
IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed,
and these presents to be subscribed by a majority of the said Board as of this date.
TERMS AND CONDITIONS
The Permittee Doug & Kathlene Folts, residing at 90 Oak Street, Cutchogue, New York as part
of the consideration for the issuance of the Permit does understand and prescribe to the
following:
That the said Board of Trustees and the Town of Southold are released from any and all
damages, or claims for damages, of suits arising directly or indirectly as a result of any
operation performed pursuant to this permit, and the said Permittee will, at his or her own
expense, defend any and all such suits initiated by third parties, and the said Permittee
assumes full liability with respect thereto, to the complete exclusion of the Board of
Trustees of the Town of Southold.
That this Permit is valid tbr a period of 24 months, which is considered to be the estimated
time required to complete the work involved, but should circumstances warrant, request for
an extension may be made to the Board at a later date.
That this Pemfit should be retained indefinitely, or as long as the said Permittee wishes to
maintain the structure or project involved, to provide evidence to anyone concerned that
authorization was originally obtained.
That the work involved will be subject to the inspextion and approval of the Board or its
agents, and non-compliance with the provisions of the originating application may be cause
for revocation of this Permit by resolution of the said Board.
That there will be no unreasonable interference with navigation as a result of the work
herein authorized.
That there shall be no interference with the right of the public to pass and repass along the
beach between high and low water marks.
That if future operations of the Town of Southold require the removal and/or alterations in
the location of the work herein authorized, or if, in the opinion of the Board of Trustees,
the work shall cause unreasonable obstruction to free navigation, the said Permittee will be
required, upon due notice, to remove or alter this work project herein stated without
expenses to the Town of Southold.
That the said Board wilt be notified by the Permittee of the completion of the work
authorized.
That the Permittee will obtain all other permits and consents that may,be required
supplemental to this permit, which may be subject to revoke upon failure to obtain same.
James F. King, President
Bob Ghosio, Jr., Vice-President
Dave Bergen
John Brederneyer
Michael J. Domino
Town Hail Annex
54375 Main Road
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1892
Fax (631) 765-6641
June 20,2012
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Mark K. Schwadz, Architect
P.O. Box 933
Cutchogue, NY 11935
RE:
DOUG & KATHLENE FOLTS
90 OAK STREET, CUTCHOGE
SCTM# 136-1-54
Dear Mr. Schwartz:
The Board of Town Trustees took the following action during its regular meeting held on
Wednesday, June 20, 2012 regarding the above matter:
WHEREAS, Mark K. Schwartz, Architect on behalf of DOUG & KATHLENE FOLTS
applied to the Southold Town Trustees for a permit under the provisions of Chapter 275
of the Southold Town Code, the Wetland Ordinance of the Town of Southold,
application dated December 15, 2011, and,
WHEREAS, said application was referred to the Southold Town Conservation Advisory
Council and to the Local Waterfront Revitalization Program Coordinator for their findings
and recommendations, and,
WHEREAS, the LWRP Coordinator issued a recommendation that the application be
found Consistent with the Local Waterfront Revitalization Program policy standards,
and,
WHEREAS, a Public Hearing was held by the Town Trustees with respect to said
application on June 20, 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 structure complies with the standards set forth in Chapter 275 of the
Southold Town Code,
WHEREAS, the Board has determined that the project as proposed will not affect the
health, safety and general welfare of the people of the town,
NOW THEREFORE BE IT,
RESOLVED, that the Board of Trustees have found the application to be Consistent
with the Local Waterfront Revitalization Program, and,
RESOLVED, that the Board of Trustees approve the application of DOUG &
KATHLENE FOLTS to re-frame the existing first-floor with attached garage, wrap
around porch and new second-floor; existing septic system to be removed and new one
to be installed further from the water; and install drywells to control water run-off from
dwelling; with the condition of a line of staked hay bales with silt fencing is to be
installed along the limit of clearing line prior to construction; and as depicted on the site
plan prepared by Mark K. Schwartz, Architect, last dated December 6, 2011, and
stamped approved on July 6, 2012.
Permit to construct and complete project will expire two years from the date the permit
is signed. Fees must be paid, if applicable, and permit issued within six months of the
date of this notification.
Inspections are required at a fee of $50.00 per inspection. (See attached schedule.)
Fees: $100.00
Very truly yours,
&
President, Board of Trustees
JFK/eac
James F. King, President
Bob Ghosio, Jr., Vice-President
Dave Bergen
John Bredemeyer
Michael J. Domino
Town Hall Annex
54375 Route 25, P.O. Box 1179
Southold, NY 11971
Telephone (631) 765-1892
Fax (631) 765-6641
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
TO: DOUG & KATHLENE FOLTS
Please be advised that your application dated December 15, 2011 has been reviewed
by this Board at the regular meeting of June 20, 2012 and your application has
been approved pending the completion of the following items checked off below.
Revised Plans for proposed project
XX Pre-Construction Hay Bale Line Inspection Fee ($50.00)
__ 1st Day of Construction ($50.00)
__ ½ Constructed ($50.00)
XX Final Inspection Fee ($50.00)
__ Dock Fees ($3.00 per sq. ft.)
Permit fees are now due. Please make check or money order payable to Town of
Southold. The fee is computed below according to the schedule of rates as set forth in
Chapter 275 of the Southold Town Code.
The following fee must be paid within 90 days or re-application fees will be necessary.
You will receive your permit upon completion of the above.
COMPUTATION OF PERMIT FEES:
Pre-Construction Hay Bale and Silt Fence Line = $50.00
Final Inspection Fee = $50.00
TOTAL FEES DUE: $. 100.00
BY: James F. King, President
Board of Trustees
BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
James Dinizio, Jr.
Gerard P. Goehringer
George Homing
Ken Schneider
Southold Town Hall
53095 Main Road · EO. Box 1179
Southold, NY I 1971-0959
Office L~ation:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold. NY 11971
MAY - 9 2012
hn p://southoldtown.north fork .net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD RECEIVED
:FINDINGS, DELIBERATIONS AND DETERMINATIOIq' --~' ~'
MEETING OF FEBRUARY 15, 2012 Southold Town Clerk
ZBA PILE: 6536
NAME OF APPLICANT: Douglas C. and Kathleen M. Folts
PROPERTY LOCATION: 90 Oak St. (corner of Harbor Lane) (adj. to East Creek, a/k/a Eugene's Creek),
Cutchogue, NY SCTM# 1000-136-01-54
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this
application and determines that this review falls under the Type 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 January 12, 2012 stating that this application is considered a matter for local determination as them
appears to be no significant county-wide or inter-community impact.
LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency
review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy
Standards. The L~tP Coordinator issued a recommendation dated January 24, 2012. Based upon thc information
provided on the LWRP Consistency Assessment Form submitted to this department, as we]l 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: The subject parcel is 20,014 square feet as calculated to the mean high
water tie line and is improved with a 1 story frame dwelling and an accessory frame garage. The subject parcel,
fronts Oak Street to the north for 111.00 feet, has a second front yard along Harbor Lane to the west for 169.72
feet, has 159.65 feet along the east properly line and has rip rap along the waterfront to East Creek (Eugene's
Creek) along its southern property tie line for 124.15 feet as shown on the survey dated January 4, 2010, revision
dated Aug. 31, 2010 (additions), prepared by Peconic Surveyors and John T. Metzger, L.S.
BASIS OF APPLICATION: Request ['or Variance from Article XXII, Code Section 280-116B and the Building
Inspector's December 15, 2011, Notice of Disapproval based on a building permit application to construct addition
and alteration to a single family dwelling, at: less than the code required riprap setback of 75 feet.
RELIEF REQUESTED: The applicant requests a variance to construct a second story addition with porches and
attached garage and deck and alterations to a pre-existing non-conforming dwelling, which a portion of the
proposed work at a 49 foot setback from the existing rip rap where the code requires a 75 foot setback.
ADDITIONAL INFORMATION: The subject one family dwelling with porch and accessory garage have a Pre
Existing C.O. No. Z-33734. Thc Town of Southold Property Record Card indicates that the Folts family has always
Page 2 or'3 - February 15, 2012
ZBA File#6536 - Folts
maintained ownership of the subject parcel. ]'hero is no opposition, from nearby property owners, to the proposed
construction and its proposed location.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on February 2, 2012 at which time written
and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property
and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and
relevant and makes the following findings:
1. Town Law §267-bO)(b)(l). Grant of the requested variance will not produce an undesirable change in the
character of the neighborhood or a detriment to nearby properties. Tho proposed additions and alterations are
characteristic to what exists in this neighborhood and the proposed setback from East Creek and the rip rap are
similar to existing setbacks of other creek front parcels in this neighborhood.
2. Town Law §267-b(3)(b)¢2). The benefit sought by the applicant cannot be achieved by some method, feasible
for the applicant to pursue, other than an area variance. The dwelling pre-exits in it~ nonconforming rip rap setback
location of an average of 55 feet and consequently any proposed additions and alterations will require a rip rap
setback variance.
3. Town Law §267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing a 35%
relief from the code. However, the substantiality is mitigated when considering the proposed rip rap setback from
the proposed additions and alterations are similar to what pre-exists on the subject parcel and is similar to what
exists on other parcels in this neighborhood.
4. Town Law §267-b(3){b)¢4} No evidence has been submitted to suggest that a variance in this residential
community will have an adverse impact on the physical or environmental conditions in the neighborhood. All
storm water runoffwill be retained on site as per town code.
5. Town Law §267-b(3)(b){5}. The difficulty has not been self-created. The difficulty is created by the enactment
of Town Code section 280-116B after the construction of the subject pre.existing dwelling.
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 constructing additions and alterations to his pre-existing dwelling at less than the
code required 75 foot rip rap setback, while preserving and protecting the character of the neighborhood and the
health, safety and welfare of the community.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under
New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Weisman (
Chairperson), and duly carried, to
GRANT, the area variance as applied for, and shown on the Site Plan, Sheet S-l, dated Jan. 4, 2012 and Sheets A-
l thru A-4 inclusive, dated Doc. 15, 2011 entitled "Additions and Alterations", Folts House, prepared by Mark
Schwartz, R.A.
CONDITIONS:
I. Town of Southold Trustees approval and fulfillment of their required conditions.
That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued
Page 3 of 3 - Febmaty 15, 2012
ZBA Fi1¢#6536 - Fo]ts
Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a
possible denial by the Building Department of a building permit, and may require a new application and public hearing before
the Zoning Board of Appeals.
Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited
above, such ax alterations, extensions, or demolitions, are not authorized under this application when involving
nonconformities under the zoning code. This action does not authorize or condone arty current or future use, setback or other
feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are
expressly addressed in this action.
The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of
nonconformity.
~'ote of the Board: Ayes: Members Weisman (Chairperson}, Schneider, Dinizio, Horning
Member Goehringer was absent This Resolution was duly adopted (4-O).
Leslie Kanes Weisman, Chairperson
Approved for filing ch) //~' /2012
FINAL MAP
I~vI~:WEO ~V
OAK STREET
SITE PLAN
SCALE: 1" = 30'-0'
, ! -
NORTH ELEVATION
WEST ELEVATION
FINAL MAP I
REVIEWED BY,ZB~ J
SEE DECI$1ONJ~/Z~:~
FINAL MAP
REVIEWED BY
DATED.~
~s~EENEvAI. MAP"~-~
IEWED BY/Z..~BB.,~
DECISION #~l
2ND. FLOOR PLAN
I$10N #~(
Peter Young, Chairman
Lauren Standish, Secretary
Town Hall, 53095 Main Rd.
P.O. Box I 179
Southold, NY 11971
Telephone (631) 765-1892
Fax (631) 765-6641
Conservation Advisory Council
Town of Southold
At the meeting of the Southold Town Conservation Advisory Council held Wed., January
11,2012 the following recommendation was made:
Moved by Peter Young, seconded by Doug Hardy, it was
RESOLVED to SUPPORT the Wetland Permit application of DOUG & KATHLENE
FOLTS to re-frame the existing first-floor with attached garage, wrap around porch and
new second-floor; existing septic system to be removed and new one to be installed
further from the water; and install drywells to control water run-off from dwelling.
Located: 90 Oak St., Cutchogue. SCTM#136-1-54
Inspected by: Peter Young, Jack McGreevy
Vote of Council: Ayes: All
Motion Carried
Jill M. Dohcriy, President
Bob Ghosio. Jr, Vice Prcsidcnl
James F King
Dave Bergen
John Bredemeyer
PO. Box 1179
Southold, NY 11971
~ elephone (631 765-1892
Fax (631) 765-664I
Date/Time:
Southold Town Board of Trustees
Field Inspection/Worksession Report
DOUG & KATHLENE FOLTS request a Wetland Permit to re-frame the
existing first-floor with attached garage, wrap around porch and new
second-floor; existing septic system to be removed and new one to be
installed further from the water; and install drywells to control water run-off
from dwelling. Located: 90 Oak St., Cutchogue. SCTM#136-1-54
/~eof area to be impacted:
altwater Wetland Freshwater Wetland
Distance of proposed work to edge of wetland
Part of Town Code proposed work falls under:
~¢--(~hapt.275 Chapt. 111 other
Sound Bay
Type of Application: ~ Wetland __Coastal Erosion __Amendment
__Administrative__Emergency Pre-Submission __Violation
Info needed:
Modifications:
Conditions:
Present Were: J. King .
~//J. Bredemeyer__ D. Dzenkowski __other
Form filled out in the field by
Mailed/Faxed to:
Date:
N
dm'
136
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southo]d, NY 11971
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
Fax: 631 765-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
To:
Jim King, President
Town of Southold Board of Trustees
From: Mark Terry, Principal Planner
LWRP Coordinator
ECE VE
',JAN 18 2013
Southold Town
Board of Truste¢~
Date: January 18, 2013
Re:
Proposed Wetland Permit for DOUGLAS & KATHLEEN FOLTS
SCTM# 1000-136-1-54
Mark Schwartz, Architect on behalf of DOUGLAS & KATHLEEN FOLTS requests an
Amendment to Wetland Permit #7837 for the existing foundation to remain; new first floor to be
at elevation 12; the south screened porch and its foundation walls will be removed and
replaced with new deck piers and decking; the north bedroom and its foundation walls will be
removed and the proposed foundation installed to support proposed exterior walls; no first floor
walls will remain; due to the water table, the existing basement will be filled in with
approximately 2' of sand with a new concrete slab. Located: 90 Oak Street, Cutchogue.
SCTM# 136-1-54
The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the
Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy
Standards. Based upon the information provided on the LWRP Consistency Assessment
Form submitted to this department, as well as the records available to me, it is my
recommendation that the proposed action is CONSISTENT with the Policy Standards and
therefore is CONSISTENT with the LWRP.
Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in
preparing its written determination regarding the consistency of the proposed action.
Cc: Lori Hulse, Assistant Town Attorney
Office Use Only
Coastal Erosion Permit Application
~Wetland Permit Application Administrative Permit
/~ ~/ Amendment/Transfe~/Extepsion
~oe~e~vved Application~~
vP;.eceivedFee:$ ~9~0. ' ~
~ompleted App]]cation ~?_
__Incomplete ' t
__SEQRA Classification:
Type I Type Il Unlisted__
czzCD~voordination:( date sent)
RP Consistency Ass~ssnlent Form
~/~AC Referral Sent: i/14/I3
__Date of Inspection: t ' I '
~Receipt of CAC Report:
__Lead Agency Determination:
.~PublicTechnical RevieW:Held: [/. ~ J
Hearing } i t 5
Resolution:
Name of Applicant Dou~llas and Kathleen Folts
Address P.O. Box 44161, Ft. Washington, Maryland
Phone Number:(y-t) 292-0522
Suffolk County Tax Map Number: 1000 - 136-01-s4
Property Location: 90 Oak Street, Cutchogue
(Comer of Harbor Lane and Oak Street)
(provide LILCO Pole #, distance to cross streets, and location)
AGENT: Mark K. Sehwa¢2, Architect
(If applicable)
Address: P.O. Box 933, Cutchogue, NY 11935
Phone: (631) 734-4185
Soatf Trustees &p~l~ca~on 0
GENERAL DATA
Land Area (in square feet): 18,752.3 sq. ft.(to riprap), 20,014 total
Area Zoning: R4o
Previous use of property: single family residence
Intended use of property: single family residence
Covenants and Restrictions:_]~___Yes ~-] No
If "Yes", please provide copy.
Does this project require a variance from the Zoning Board of Appeals ~ Yes [--]No
lf"Yes", please provide copy of decision.
Will thi~r~oject require ar~emolition as per Town Code or as determined by the Building
Dept. ~ Yes _.J_.~No
Prior permits/approvals for site improvements:
Agency Date
ZBA #6536 02/15/12
DEC # 1-4738-04093/00001
Trustees #7838
11/26/12
06/20/t2
] No prior permits/approvals for site improvements.
Has any permit/approval ever been revoked or susp~ by ~[-,~lvernmental agency?
I~lNo ~ Yes
If yes, provide explanation:
Project Description (use attachments if necessary):. Existing foundation to remain, new first floor to be at elev l~lI
The south screened porch and its foundation walls will be removed and replaced with new deck piers and
decking. The north bedroom and its foundation walls will be removed and the proposed foundation installed
to support proposed exterior walls. No first floor walls will remain. Due to the water table; the existing basement
will be filled in with approximately 2' of sand with a new concrete slab.
B~d of Trustees Application
WETLAND/TRUSTEE LANDS APPLICATION DATA
Purpose of the proposed operations:
Remove portions of existing house, First floor to be at elevation 12.4'. New additions to be built.
Remove existing septic and install new one further from water, new drywells for erosion control.
Area of wetlands on lot: 1,261.7 square feet
Percent coverage of lot: 17.7 %
Closest distance between nearest existing structure and upland
edge of wetlands: 53.8'to porch feet
Closest distance between nearest proposed structure and upland
edge of wetlands: 54.o' feet
Does the project involve excavation or filling?
No [] Yes
If yes, how much material will be excavated? 5o5 cubic yards
How much material will be filled? 355 cubic yards
Depth of which material will be removed or deposited: 4 feet
Proposed slope throughout the area of operations: +/- 5%
Manner in which material will be removed or deposited:
Excavated shall be used for final grade, new fill for septic shall bo contained on property.
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):
The proposed work shall have a positive impact on the wetlands and tidal water through the
installation of drywells to control water runoff, a pervious driveway for natural drainage and
relocated septic system, further from the water.
PROJECT ID NUMBER SEQR
PART 1 * PROJECT INFORMATION
2, PROJECT NAME
Folts Property
617,20
APPENDIX C
STATE ENVIRONMENTAL QUALITY REVIEW
SHORT ENVIRONMENTAL ASSESSMENT FORM
for UNUSTED ACTION$ Only
{ To be completed by A ~licanl or Project Sponsor)
1. APPLICANT I SPONSOR
Doug and Kathlene Folts
3.PROJECT LOCATION:
Municipality Cutchogue
County Suffolk
4. PRECISE LOCATION: Ss'eat Addess and Road InterseclJona. Prominent landmarks elc -or ~ovipa mad
90 Oak Street, Cutchogue
IS PROPOSED ACTION: [] New r~Expanslon r~]Modlflcatjon/alterafin0
6. DESCRIBE PROJECT BRIEFLY:
Existing 1 story house to have additions and alterations, including attached garage, covered wrap around porch,
new 2nd. floor. Fisrt floor to be reconstructed at elevation 12.4'
Existing Septic system to be removed and new one installed further from the water.
Drywells to be installed to control water runoff from the house to reduce erosion.
7. AMOUNT OF LAND AFFECTED:
initially acres 0.038 Ultimately acres 0.076
8. WILL PROPOSED ACTION COMPLY W~TH EXISTING ZONING OR OTHER RESTRICTIONS?
~e aYeS NO I1' no. clescfibe b~leify;
re unable to obtain the required set back from wet lands due to the existing site conditions.
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply,)
17lR..,,te,,.e, r-l,ndu.,.a, OAo"c,,'",,. O0""'r
10. DOES ACTION iNVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OI~'IER GOVERNMENTAL
AGENCY (Federal. State or Local)
r~Yes r=~No if yes. list agency name and permil / approval:
Health Department, D.E.C., Trustees, Building Department
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
I'~es [~No If yes, Iiat agency oaroa al~d permit / approval:
DEC # 1-4738-04093/00001, Trustees #7837, ZBA #6536, Dept of Health#R 10-12-0003
irl~A,6 A i~ULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION?
I v' lYeS g._lNo
I CERTIFY THAT THE INFORMA~)~N PROVIDED ABOVE IS,roUE TO/~,E BEST OF MY KNOW~.EDGE
Si~loature.,
If the action Il a Costal Area, and you are a etate agency,
complete the Coastal Assessment Form before proceeding with this assessment
PART II - IMPACT ASSESSMENT {To be'completed by Lead A~lency)
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR. PART 617.47 If yes, coordinate the review process and use the FULL FAF.
[]Y? 17'1 .o
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative
declaration may be superseded by anether involved agency.
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwnttan, if legible)
C1. Existing air quality, sur[ace or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal,
potential for erosion, drainage or flooding problems? Explain briefly:
I
C2. Aesthetic, agricultural, archaeological, hi~t0fic, or other naturel or cultural resources: or'community or neighborhood character? Explain bdefiy:
C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats~ or Ihreatened or endaegemd species? Explain bdefiy:
I
C4. A community's existing"l~lans or geals as officially adopted, or a change in use or intensity of ~'(~ ~a-n'~' or other natural resources? Explain bdefly:
I
C§. Gro~h, suhseguent development, or related activifies likely to bo induced by the proposed action? Explain briefly:
I
CB. Loeg term, shor~ term. cumulative, or other effects not identified in Ct-C57 Explain briofi¥:
I
C7. Other impact~ linc. ludin~ chart[les in use of either quantity or t~tpe of
O. VVILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL
~Ir~oCsNME~.]ALNoAiEA ICEAI? Ill ~'es, explain brlefl)':
E. IS THERE, OR IS THERE LIKELY TO BEr CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If yes explain:
PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: F~reachadversee~ectidenti~edab~va~determinewhetheritissubstan~a~arge~imp~rtant~r~therwisesigni~cant~ Each
effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) prebability of occurring; (c) duration; (d) in'eversibility; (e)
geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting matadals. 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 deten~feation of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA.
Check this box if you have identified one or more potentlally large or significant adverse impacts which MAY occur. Then preened directly to the FU!-
FAF and/or prepere a positive declaration.
.C_he~k this box if you have determined, based on the infon~nation and analysis ebeve and any supporting documentation, that the pmpesed acrid
WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting thi
detenminafion.
Board of Trustees []
Name of Lead Agency Date
President []
Pdnt or Type Name of Responsible Officer in Lead Agency Title of Respensible Officer
Signature of Responsible Officer in Lead Agency Signalure of Preparer (If different from responsible officer}
po~. $1.10
Certified Fee
Return Receipt Fee
(EndorSement Required)
Restricted Delivew Fee
(Endorsement Required)
To~al Postage & Fees
I IN
Postage
Cerbfied Fee
ru
Return Receipt Fee
(Endomement Required)
Restricted Delive ~/Fe~
(Endomement Required
Total Postage & Fee!
~ Return Receipt Fee
O (Endorsement Required) ~-,~
E~ Restricted Delivery Fee
COUNTY OF SUFFOLK ~.~,~ ..................................................
td~ ~,, Cd'r_- , being duly sworn, deposes and says that on the
! 7/L day of d ~ ,20 L,~, deponent mailed a true copy of the Notice
set forth in the Board of Trustees Application, directed to each of the above named
persons at the addresses set opposite there respective names; that the addresses set
opposite the names of said persons are the address of said persons as shown on the current
assessment roll/qf the Town of Southold; that said Notices were mailed at the United States Post
Office at (.xC/'?~[,./O ~ r~ , that said Notices were mailed!o each of said persons by
CERTIFIED MA~L/R~TURN RECEIPT.
Sworn to before me this c~a~r-~)
Notary Public
CONNIE O. BUNCH
,~4o)sp¢ Pub¢ic, State of New Yo,~
No. 01BU6185050
· Qua!ifi~.d in Suffolk County
136-1-53.1
Joyce Monk
P.O. Box 772
Cutchogue, New York 11935
136-1-22
Blair McBride
P.O. Box 551
Cutchogue, New York 11935
136-2-1
Harbor Lane Revoc Trust
2880 Harbor Lane
Cutchogue, New York 11935
James F. King, President
Bob Ghosio, Jr., Vice-President
Dave Bergen
John Bredemeyer
Michael J. Domino
Town Hall, 53095 Main Rd.
P.O. Box I 179
Southold, NY 11971
Telephone (63 I) 765-1892
Fax (631) 765-6641
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
BOARD OF TRUSTEES: TOWN OF SOUTHOLD
In the Matter of the Application of
DOUGLAS &KATHLEEN FOLTS
COUNTY OFSUFFOLK)
STATE OF NEW YORK)
being duly swom, depose and say:
That on the [ i~tay of 0 J~
AFFIDAVIT OF POSTING
~//-~' J'-~( ~'gt~, residing at/dba ~04~ff
,201t~, I personally posted ~e 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 Wednesda¥~ January 23~ 2013.
Dated:
(signature)
S~vom to before me this
c~;3t Ctday of(~ 20 I~
Notary Public
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN that a public hearing will be held
SOUTHOLD BOARD OF TRUSTEES at the Town Hall, 53095 Main
Southold, New York, concerning this property.
by the
Road,
OWNER(S) OF RECORD.""b~
To Wetland Permit #7837 for the existing foundation to
SUBJECT OF PUBLIC HEARING:
remain; new first floor to be at elevation12; the south
screened porch and its foundation walls will be removed
and replaced with new deck piers and decking; the north bedroom and its foundation walls will be removed and the proposed foundation insta{led to
support proposed exterior walls; no first floor walls will remain; due to the water table, the existing basement will be filled in with approximately 2' of
sand with a new concrete slab.
TIME & DATE OF PUBLIC HEARING:
If you have an interest in this project, you are invited to view the Town file(s)
which are available for inspection prior to the day of the hearing during normal
business days between the hours of 8 a.m and 4 p.m.
BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631) 765-1892
B~d of Trustees Application
County of Suffolk
State of New York
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 THIS APPLICATION AND AS MAY
BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT
AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES
HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING
UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS
APPLICATION, 1 HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR
REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE
PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION.
SWORN TO BEFORE ME THIS
ASIO
New York
No. 4994753
Qualified in Suffolk County
Commission Expires May 22, 20__
Douglas and Kathleen Folts
P.O. Box 44161
Fort Washington, MD 20749-4161
November 29, 2011
To Whom It May Concern:
I, Douglas and gathleen Folts, authorize Mark Schwartz, AIA - Architect, to
act as agent for permit applications to the Southold Town Trustees, New
York Slate Depa~ hnent of Environmenlal Conservation, Suffolk County
Depastment of Health and the Southold Building Depas'tment. I also
consent to inspection of this property by the aforementioned authorities.
The proposed residenlial construction project is located at 90 Oak Street,
Cutchogue, New York (SCTM# 1000-136-01-54).
Sincerely,
Douglas and Kathleen Folts
date: 1//,~0/1/
APPLICANT/AGENT/REPRESENTATIVE
TRANSACTIONAL DISCLOSURE FORM
The Town of Sonthold's Code of Ethics orohibits conflicts of interest on the oarl of town officers and employees. The ouroose of
this form is to ~rovide information which can alert the town of~ossible conflicts ofintereat and allow it to take whatever action is
nec~ssar~ to avoid same. ~.,~
¥OURN^ME: ,O C H ,W 'F- %
{Last name~ f~rst name, middle initial, unless you are applying in the name of
someone else or other entity, such as a company. If so, indicate the other
person's or company's name.)
NAME OF APPLICATION: (Check all that apply.)
Tax grievance Building
Variance Trustee
Change of Zone Coastal Erosion
Approval of plat Mooring
Exemption from plat or official map Planning
Other
(lf"Other", name the activity.)
Do you pemonally (or through your company, spouse, sibling, pm'ant, or child) have a relationship with an)' 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 employce Nas 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 hetwcen yourself (the applicantJagentAepresentative) and the town officer or employee. Either check
the appropriate line A) through D) and/or describe in the space provided.
The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply):
__A) the owner of greater than 5% of the shares of the corporate stock of the applicant
(when the applicant is a corporation);
B) the legal or beneficial owner of any interest in a non-corporate entity (when the
applicant is not a corporation):
__C) an officer, director, partner, or employee of the applicant; or
__D) the actual applicant.
DESCRIPTION OF RELATIONSHIP
Form TS 1
Submitted this ~ ~- day of O~'~--.- t~ 200 I ~.
Signature -~'~..~ ~ --
Print Name ~ ~ ff~~ ~
Town of Southold
Erosion, Sedimentation & Ston.-Water Run-off ASSESSMENT FORM
PI~OPERTY LOCA'I1ON: ,~:,T,M.~ ~E FOL~ A~I~ ~Y REQUIRE ~E ~ ~ A
1~ 1~ 0~ ~ ~AT~ ~N~ ~ ~ ~ ~~
~d .m ~ a ~R~ED ~ A D~ HOF~ IN H ~ATE ~ ~ Y~
SCOPEOFWO~ - ~O~S~ ~NaU~'rlON IT~ / WO~~ ] Y~ No
(l~u~ To~ ~ ~ ~l Pa~ I~ ~ ~ ~ ~ ~ ~ ~ ~Wat~ R~
I~1u
~ Gr~ ~ ~ ~ ~ ~ ~ ~d ~e ~eM ~ of
~.~ ~ 7,500 sq. fl. ~ ~.)
PRO~E B~ .O~ D~i'iON ~ ~ ~. ~
Additions and alterations to 1st. fl~r with new s~, ~li~ ~ Wa~r FI~.
covered wrap around porch. New 2nd. fl~r to be 3 a~m~~ ~u~
added. Existin~ septic to ~ removed and new one ~ m~ ~ ~in~ed ~h~t ~ E~
~n Pe~.
to ~ installed. New d~ells to be installed. 4
The first fl~r is pro~sed to ~ recons~cted at E~g O~ In~ ~m ~ ~ ~ Y~
~ ~1 ~n ~y ~?
elevation 12.4' 5
(5,~ S.F.) Sq~ F~ d ~N ~?
~~~~'~ ~.) S~ beS~ ~ ~.We~ ~
f.~~e~L~ ~ i~ ~Jn ~e d~n ~ a T~ ~t~
~'Aq~ OF NEW YO~ ~, ~/
CO~ OF .. ~..~.L.I.,~.~.~ ..........
(~, ~.~ ~;~,f ................
0~ ~or ~p~afi~ of &e O~er or ~m, a~ Ls d~ ~flio~d m ~o~ or 1~ ~ffo~ ae ~d ~ ~ m
m~ m~d file ~is applicon; ~at ~ s~emenm ~ in ~is applicon ~ ~e m file ~t of lin ~wle~ ~ ~8; ~d
· at &e ~rk ~11 be ~ in &e m~n~ ~t fo~ in file ~hofion ~ h~ifl~.
........................... ............ .........................
..........
,/ Nora. Pu~mi2,J~t2 ~[New York
FORM - 06/10
Qualified in Suffolk County //
Commission Expires May 22, 207L~
Town of Sonthold
LWRP CONSISTENCY ASSESSMENT FORM
A. INSTRUCTIONS
All applicants for permits* including Town of Southold agencies, shall complete this CCAF for
proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This
assessment is intended to supplement other information used by a Town of Southold agency in
making a determination of consistency. *Except minor exempt actions including Building Permits
and other ministerial permits not located within the Coastal Erosion Hazard Area.
Before answering the questions in Section C, the preparer of this form should review the exempt
minor action list, policies and explanations of each policy contained in the Town of Southold Local
Waterfront Revitalization Program. A proposed action will be evaluated as to its significant
beneficial and adverse effects upon the coastal area (which includes all of Southold Town).
If any question in Section C on this form is answered "yes", then the proposed action may affect the
achievement of the LWRP policy standards and conditions contained in the consistency review law.
Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a
determination that it is consistent to the maximum extent practicable with the LWRP policy
standards and conditions. If an action cannot be certified as consistent with the LWRP policy
standards and conditions, it shall not be undertaken.
SCTM# 136
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
local libraries and the Town Clerk's office.
DESCRIPTION OF SITE AND PROPOSED ACTION
_01 _54
the Planning Department, all
The Application has been submitted to (check appropriate response):
Town Board [] Planning Dept. [~ 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:
Additions and alterations at existing first. Add 2 car garage and wrap around covered porch.
New proposed 2nd. floor to be added. First floor to be reconstructed at elevation 12.4'
Existing septic system to be removed and filled with clean sand. New Drywells to be installed.
Location of action: Construction to start approximately the same depth of existing from water.
Site acreage: gross = 0.46 acres, flagged wetlands = 0.43 acres
Present land use: single family residential use
Present zoning classification: R40
If an application for the proposed action has been filed with thc Town of Southold agency, thc following
information shall be provided:
(a) Name of applicant: Douglas and Kathleen Felts
(b) Mailing address: P.O. 44161, Ft. Washington, Maryland 20749-4161
(c) Telephone number: Area Code ()(301) 292-0522
(d) Application number, if any:.
Will the action be directly undertaken, require ftmding, or approval by a state or federal agency?
Yes ['ff'] No ~] If yes, which state or federal agency? DEC, Health, Bluilding, Town
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.
eYeS ~'~ No ~] (Not Applicable- please explain)
project entails the reconstruction of a single-family dwelling on a previously developed site in a heavily developed
community. Policy 1 is not applicable to the project.
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 - please explain)
The subject propoerty does not contain nor does the project affect historic or archaeological resources; nor is the project
located in a historic maritime area. Policy 2 is not applicable to the project.
Attach additional sheets if necessary
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See
LWRP Section III - Policies Pages 6 through 7 for evaluation criteria
[~] Yes ~ No [---] (Not Applicable - please explain)
To the extent that this policy is applicable to the proposed project, visual quality and scenic resources will be protected at
the site through the protection and maintainance of the well-vegetated embankment buffedng the developed portion of the
site from the tidal waters of Cutchogue Harbor and Haywaters Cove,
Attach additional sheets if necessary
NATURAL COAST POLICIES
Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. Sec LWRP
Section III - Policies Pages 8 through 16 for evaluation criteria
F~ yes ~ No F~ (Not Applicable - please explain)
The project does not address nor affect erosion control structures or other erosion/flooding initiatives. Policy 4 is not
applicable to the project.
Attach additional sheets if necessary
Policy 5. Protect and improve water quality and supply in the Town of Southoid. See LWRP Section III
- Policies Pages 16 through 21 for evaluation criteria
~ Yes [--] No ~ (Not Applicable - please explain)
The proposed project is consistent with policy 5 via (3) major project components: 1 - upgrade and relocation of the
existing sanitary system more than 100 feet from the wet lands to ensure effective treatment of the sanitary waste;
2 - installation of a drainage system of drywells to control, manage, and recharge stormwater runoff; and 3 - retention of
the existing vegetation on the site buffering the developed portion of the site from tidal wetlands, which is to be preserved
permanently but also protected from site disturbance during construction by a project-limiting fence and stacked haybales.
Attach additional sheets if necessary
Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including
Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22
through 32 for evaluation criteria.
Yes ~ No ~ (Not Applicable - please explain)
Project will be consistant with Policy 6 for the same reasons described for Policy 5; because there will be no net loss
of wetlands; and because the statutory and regulation requirements of both the Town Trustees and NYS DEC will be
complied with.
Attach additional sheets if necessary
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies
Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation
criteria.
~] Yes [--'] No ~'] (Not Applicable - please explain)
The project will neither affect nor have an impact on air quality in the Town of Southold. Policy 7 is not applicable to the
project.
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 IlI- Policies; Pages 34 through 38 for evaluation criteria.
~]Yes [--'] No [-~ (Not Applicable - please explain)
The project will neither create nor require the handling of solid waste or hazardous substances. Policy 8 is not applicable
to the project.
PUBLIC COAST POLICIES
Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public
resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation
criteria.
~ Ye~ No ~-] (Not Applicable - please explain)
As the project area is limited to the upland portion of the property landward of the top of an embankment, public access
and recreational use of the adjacent coastal waters and public lands and resources will not be affected by the project.
Policy 9 is not applicable to the project.
Attach additional sheets if necessary
WORKING COAST POLICIES
Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in
suitable locations. See LWRP Section 1II - Policies; Pages 47 through 56 for evaluation criteria.
~Yes ~ No ~ (Not Applicable - please explain)
The project neither proposes nor affects water-dependent uses. Policy 10 is not applicable to this project.
Attach additional sheets if necessary
Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Pecouic
Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria.
~Yes ['-] No ~] Not Applicable - please explain
The project neither proposes nor affects commercial or recreational fisheries or other uses associated with the living
marine resources of East Creek (Eugenes Creek). Policy 11 is not applicable to this project.
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.
r-]Yes ~-~ No~ Not Applicable - please explain
The project site is neither situated on nor adjacent lands. Policy 12 is not applicable to the project.
Attach additional sheets if necessary
Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP
Section III - Policies; Pages 65 through 68 for evaluation criteria.
~Yes ~'~ No [~ Not Applicable- please explain
The project affects neither the use nor development of energy and mineral resources. Policy 13 is not applicable to the
project.
P CHITECT
MARK SCHWARTZ & ASSOCIATES
t331,734.4l~L$ [ x~x~x~.l~kxarchitctt.~om
December 28, 2012
Southold Town Board of Trustees
53095 Route 25
P.O. Box 1179
Southold, New York 11971
RE:
Permit Amendment Request for Folts Property
90 Oak Street
Cutchogue, New York
SCTM# 1000-136-01-54
NYSDEC #1-4738-04093/00001
Dear Board of Trustees:
Due to the massive flooding and high tides of Sandy and other storms from the northeast direction,
Douglas and Kathleen Folts would like to construct the exact proposed house, as approved, but would like
to construct the finished floor to be 24' higher than the approved finished first floor at elevation 10.4'. They
would like to build the project with a finished first floor at 12.4'. I have attached the revised Site Plan with
the new proposed finished first floor noted. Please call our office if you have questions or require any
additional information. Thank you very much.
Sincerely,
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY 11971
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
Fax: 631 765-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
2012
To:
Jim King, President
Town of Southold Board of Trustees
From: Mark Terry,
Principal Planner
LWRP Coordinator
Date: January 11, 2012
Re:
Proposed Wetland Permit for DOUG & KATHLENE FOLTS
SCTM#1000-136-1-54
Mark K. Schwartz, Architect on behalf of DOUG & KATHLENE FOLTS requests a Wetland Permit to
re-frame the existing first-floor with attached garage, wrap around porch and new second-floor; existing
septic system to be removed and new one to be installed further from the water; and install drywells to
control water run-off from dwelling. Located: 90 Oak St., Cutchogue. SCTM#1000-136-1-54
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 the
following:
If the action is approved, to further Policy 5: Protect and Improve Water Quality in the Town of Southold
and Policy 6; Protect and Restore the Quality and Function of the Town of Southold Ecosystem it is
recommended that the Board require the creation of a landscaped buffer minimum 15 feet in
width from existing rip rap.. A sample definition of a landscaped buffer is provided below for your
use.
LANDSCAPED BUFFER -- A land area of a certain length and width which is planted with indigenous,
drought-tolerant vegetation (excluding turf) similar to that found within the immediate proximity of the
parcel. Vegetation shall be installed in sufficient densities to achieve 95% ground cover within two
years of installation. Survival of planted vegetation shall be 90% for a period of three years.
Maintenance activities within the buffer are limited to removing vegetation which is hazardous to life
and property, trimming tree limbs up to a height of 15 feet to maintain viewsheds, replanting of
vegetation and establishing a four-foot-wide access path constructed of pervious material for access to
the water body. [Added 12-15-2009 by L.L. No. 15-2009]
Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its
written determination regarding the consistency of the proposed action.
Cc: Lori Hulse, Assistant Town Attorney
Office Use Only
~_Coastal Erosion Permit Application
Wetland Permit Application Administrative Permit
AmendmenffTransfcr/E~tension
~Rece~-ved Application: ]o~l~"/tI
~_Rece~ved Fee:$o~~--~ __
~..~---'Completed Application !5
__Incomplete
SEQRA Classification:
Type l__Type II Unlisted
Coordination:(date sent)
./"LWRP Consistency Assessment Form I:~1
'~AC Referral Sent:~/~
~..~-'Date of lnspection:l ~ I I I I,~
___Receipt ofCAC Re~rt:
__Lead Agency Determination:
Technical Review:
--.-Ph-~lic Hearing Held: l!
Itlt '
Resolution:
Name of Applicant Doug and Kathlene Folts
Address P.O. Box 44161, Ft. Washington, Maryland
Phone Nmnber:(~al) 292~0522
Suffolk County Tax Map Number: 1000 - 136-01-54
Property Location: 9o Oak Street, Cutchogue
(Corner of Harbor Lane and Oak Street)
(provide LILCO Pole #, distance to cross streets, and location)
AGENT: Mark K. Schwartz, Architect
(If applicable)
Address: P.O. Box 033, Cutchogue, NY 1 lg35
Phone: (631) 734-4185
Board of Trustees Application
GENERAL DATA
Land Area (in square feet):_18,752-3 sq. ft.(to riprap). 20,014 total
Area Zoning: R40
Previous use of property: single family residence
Intended use of property: single family residence
Covenants and Restrictions: ~] Yes ~] No
If "Yes", please provide copy.
Does this project require a variance from the Zoning Board of Appeals ~ Yes
If "Yes", please provide copy of decision.
Will thi~. eject require ar~emolition as per Town Code or as determined by the Building
Dept. ~ Yes _~L__L_No
Prior permits/approvals for site improvements:
Agency Date
No
~-] No prior permits/approvals for site improvements.
Has any permit/approval ever been revoked or susp~l~l by ~[,~vernmental agency?
I~lNo L__l Yes
Il' yes, provide explanation:
Project Description (use attachments if necessary):. Existing foundation and floor deck to remain at main house.
The south screened porch and its foundation walls will be removed and replaced with new deck piers and
decking. The north bedroom and its foundation walls will be removed and the proposed foundation installed
to support proposed exterior walls. No first floor walls will remain. Due to the water table: the existing basement
will be filled in with approximately 2' of sand with a new concrete slab.
GENERAL DATA
Land Area (in square feet): 18,752.3 sq. ft.(to riprap), 20,014 total
Area Zoning: R40
Previous use of property: single family residence
Intended use of property: single family residence
Covenants and Restrictions: ~ Yes ~'] 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.
Prior permits/approvals for site improvements:
Agency Date
"-'] Yes
['~ No
[~ No prior permits/approvals for site improvements.
Has any permit/approval ever been revoked or sus~-~ted by la-~vemmental
~ NoJ__L Yes
if yes, provide explanation:
agency?
Project Description (use attachments if necessary):
Re-frame existing 1st. floor with attached garage, wrap around porch and new 2nd. floor.
Existing septic system to be removed and new one to be installed further from the water.
New drywells to be installed to control water runoff from the house to reduce erosion.
~rd of Trustees Applicati~
WETLAND/TRUSTEE LANDS APPLICATION DATA
Purpose of the proposed operations:
Remove portions of existing house, New additions to built.
Remove existing septic and install new one further from water, new drywells for erosion control.
Area of wetlands on lot: 1.261.7 square feet
Percent coverage of lot: 17.7 %
Closest distance between nearest existing structure and upland
edge of wetlands: 53.8' to porch feet
Closest distance between nearest proposed structure and upland
edge of wetlands: s4.0' feet
Does the project involve excavation or filling?
[-I No [] Hes
If yes, how much material will be excavated? 5o5 cubic yards
How much material will be filled? 355 cubic yards
Depth of which material will be removed or deposited: 4 feet
Proposed slope throughout the area of operations: +/- 5°/o
Manner in which material will be removed or deposited:
Excavated shall be used for final grade, new fill for septic shall be contained on property.
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):
The proposed work shall have a positive impact on the wetlands and tidal water through the
installation of dr/wells to control water runoff, a pervious driveway for natural drainage and
relocated septic system, further from the water.
James F. King, Prcsident
Bob Ghosio, Jr., Vice-President
Dave Bergen
John Bredemcyer
Michael J. Domino
Town Hall, 53095 Main Rd.
P.O. Box I 179
Southold, NY 11971
Telephone (631) 765-1892
Fax (631 ) 765-6641
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
BOARD OF TRUSTEES: TOWN OF SOUTHOLD
In the Matter of the Application of
DOUG &KATHLENE FOLTS
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
AFFIDAVIT OF POSTING
being duly sworn, depose and say:
That on the 971qtay of ~)v ,,~---- ,201 g I personally posted the property known as
o,4/c_ ]W 7 c O'v c
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.~ June 20~ 2012.
Dated:
Sworn to before me this
2~- day of ~-o ~,e 20 i 2
Notary Public
(signature)
L~NC)A P. ~
~OT~t ~,u~Jo, m.~__e~m-
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAlL RECEIPTS
Name:
Address:
STATE OF NEW YORK
COUNTY OF SUFFOLK
C~T?'
/1'7~ dayof
, residing at ~J~f °7)'/"~4z,,,,/ //~z:2
, being duly sworn, deposes and says that on the
,20 [7_, deponent mailed a true copy of the Notice
set forth in the Board of Trustees Application, directed to each of the above named
persons at the addresses set opposite there respective names; that the addresses set
opposite the names of said persons are the address of said persons as shown on the current
assessment roll of the Town of Southold; that said Notices were mailed at the United States Post
Officeat C',- ~ cTt'O(o~'.~- . that said Notil:.~s_were mailed to/each of§aid persons by
Sworn to before me this ~-~
Day of To, ~_ _, 20
N~tary PuBlic
NOTICE
Iooo ~ 15~ '
COUNTY OF SUFFOLK
County of Suffolk
State of New York
BEFOG OULV SWORN
DI}POS~ES A' DN AFFIRMS THAT HE/S' 'HE IS THE APPLICANT FOR THE ABOVE
DESCRIBED PE~IT(S) AND THAT ALL STATEMENTS CONTA~ED HERE~ ARE
TRUE TO THE BEST OF HISSER KNOWLEDGE AND BELIEF, AND THAT ALL WORK
WILL BE DONE ~ THE MA~ER SET FORTH ~ THIS APPLICATION AND AS ~Y
BE APPROVED BY THE SOUTHOLD TO~ BOARD OF TRUSTEES. THE APPLICANT
AGREES TO HOLD THE TO~ OF SOUTHOLD AND THE TO~ TRUSTEES
HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING
UNDER OR BY VIRTUE OF SAID PERMIT(S), IF G~NTED. ~ COMPLET~G THIS
APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR
REP~SENTATIVES(S), TO ENTER ONTO MY PROPERTY TO ~SPECT THE
PREMISES IN CONJUNCTION WITH RE~ ~ON. ~
SWORN TO BEFORE ME THIS 15~ DAYOF ,20 ti
Notary Public
CONNIE D. BUNCH
Notan/Public, State of New York
No. 01 BU6185050
Qualified in Suffolk County ~..,~
Commission Expires April 14, 2UI ~-.
APPLiCANT/AGENT/REPRESENTATIVE
TRANSACTIONAL DISCLOSURE FORM
eT wn u I' C f ' hth' c ri o in ere on the tow ~ce an e I of
this§ i vide inforination which can al towno ssibleconfli ofm , and lowitt takew e i 's
~.~_c~ssarv ~ avoid ~,arne.
(L,~ name, first name, ~aiddle initial, unl~ you are applying in the name of
someone else or other entity, such as a company. If so, indicate the other
person's or company's name.)
NAME OF APPLICATION: (Check all that apply.)
Building --/-
Tax grievance Trustee
Variance Coastal Erosion
Change of Zone ~ Mooring
Approval of plat - planning
Exemption from plat or official map
Other
(If "Other", name the activity.) _ ' lin arent, or child) have a relationship with any o?,~cer or employee
r,~ , ,~r~nnallv (or through your company, spouse, s~b .g, p . --,-..~;~ interest- "Business interest' means a business,
~'f t~e°~F;~n of S~uthold? "Relat,oushlp' mcindas by blouu, marnage, u
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
lfyou answered "YES", complete the balance of this form and date and sign where indicated.
Name of person employed by the Toxvn of Southold _
Title Or position of that person _
Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employ~ Either.check
the appropriate line A) through D) and/or describe in the space pro~ided.
The town officer or employee or his or her spouse, sibling, paint, or child is (check all that apply):
A) tbe owner of greater than 5% of the shares of the corporate stock of the ~applicant
-- (whei~ the applicant is a corporation);
B) the legal or beneficial owner of any interest in a non-corporate entity (when the
-- apolicant s not a corporation);
~C) un'officer, d rector partner, or employee o~the applicant; or
.D) the actual applicant.
DESCRIPTION OF RELATIONSHIP
Form TS 1
Signature
Print Name
Douglas m~d Kathleen Folks
P.O. Box 44161
Fort Washington, MD 20749-4161
November 29, 2011
To Whom It May Concerti:
I, Douglas mid Kathleen Foils, authorize Mark Schwartz, AIA - Architect, to
act as agent for permit applications to the Southold Town Trustees, New
York State Department of ~vironmental Conservation, Suffolk County
Deparunent of Health and the Southold Building Deparanent. I also
consent to inspection of this property by the aforementoned authorities.
The proposed residental construction project is located at 90 Oak S~reet,
Cutchogue, New York (SCTM# 1000-136-01-54).
Sincerely,
Douglas and Kathleen Foils
date:
APPLICANT
TRANSACTIONAL DISCLOSURE FORM
(FOR SUBMISSION BY OWNER and OWNER'S AGENT)
The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers
and employees. The purpose of tiffs form is to provide information, which can alert the Town of
possible conflicts of interest and allow it to take whatever action is necessary to avoid same.
YOURNAME: FoIts, Douglas C.
(Last name, first name, middle initial, unless you ar~ ~pplying in the name
of semeene else or other entity, such as a company. If so, indicate the
other person or company name.)
NATURE OF APPLICATION: all that apply.)
Tax Grievance ~k
Variance
Special Exception
If'Other",
name the activity:
Approval of Plat /
Exemption from Plat
or Official Map
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 businesa, including a parmership, 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% 0fthe shares.
YES[ ! NO
Complete the balance of this form and date and sign below wbem indicated.
Name of person employed by the Town of Southold:
Title or position of that person:
Describe that relationship between yourself (the applicant) and the Town officer or employee.
Either cheek the appropriate line A through D (below) and/or describe the relation~ip in the space
provided.
The Town officer or employee or his or her spouse, sibling, parent, or child is (cheek all that
apply):
L
I
[
t
j A) the owner of greater than 5% of the shares of the corporate stock
of the applicant (when the applicant is a corporation);
I B) the legal or beneticial 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
Town of Southold
Erosion, Sedimentation & Storm-Water Run-off ASSESSMENT FORM
PROPERTY LOCATION: 8.C,T.M,~ THE FOLLOWING ACTIONS MAy REQUIRE THE SUBI~,8810N OF A
1000 136 01 54 ~.-WA~ GRADING; DRAINAGE AND EROSION CONTROl. ~
Dl.~et 8~caon ~ Lm CBK, Irll:U BY A OE~I~N PROFE881ONAi. IN THE ~1'Al1~ OF NEW YORK.
SCOPE OF WORK - PROPOSED CONSTRUCTION fi'EM # / WORK ASSESSMENT ] Ye~ No
a. what is the Total Ama of the Project Parcels?
(Include Totet Area of all Parc~$ isceted v~J~in I Will thM Project Rotain AB Stent-Water Rim-Off
Iha $copa of Work for Prepaesd Cousimcitan) 20,014 Gsnerated bY a Tw° (2~) Inch Rainfa~ °n $ita? [--~'] r"'~
b. What is lf~ Tote[ Area of Land Ctemlng /s.v. i .~e~) (ThM item ~l[ [nclu~o all ren-off Create~ by sro
IV IlL_J[
cleating and/or construction anfivHies as well as all
andtor Grour~ Disturbance itx Ihe proposed
consimctlon activity9 7~S00 sq. ft. Site Imprevem~nte and the permansnt e..'eatlon of
impervious s~rfaoes.}
(=;"~") 2Does the Site Plan end/or Survey Show NI Preposeq
PRO¥1~E B~[E.F PRO.]~C~ DF~Ci~t'I'ION 0~rov~ ~-., ,~ ~.. ~ Drainage Structures Indicating Size & Loce~fo~? This r'~ r~
item shall include all Proposed Grade Changes and
Additions and alterations to 1st. floor with new Slopes C~ntrolllng Surface Water Flow.
covered wrap around porch. New 2nd. floor to be 3 and~°"~-~"~ sH. ce~etnan an~Vor,==c, cesSur~ythetd~haw,i ~ ~the ~o~onto ~'] r"l
co~tret site erosion end storm water discharges. This
added. Existin~ septic to be removed and new one Hem must be maintained throughout the Entire
Construction Period.
to be installed. New drywells to be installed. 4 Will this Project Require any Land Riling, Grading or
Excevetion where ~ere is a change to the Natum, ~"~ r'-'~
Ex~stthg Grade InvoMng more than 200 Cubic Yards
of Material wtth~ any Pamet?
5 Will this Application Require Land Disturbing ~ r~ ~
Encompassing an Ama In Exceus of Five Thousand
(5,000 S.F.) .Square Feet of Ground Surface?
Site? Is this Project within the Tmetees jur~edlc~on
0~.eral DEC 8WPPP R~: or within Orle Hundred (100') feet of 8 Wstiand or
dlsl~rbanceso~one(1)ormema~ee; In~udlng~uCoance, eflessthanonea~rethat 7 Wl#therebeSReprepamtlononE~dsitngGrede Slopes ~""""R ~
are Part of &la.er common pianlhetwilldtimatelydisl~rbormor m~reac~es~; which Exceed Fiftesn (15) feet of Veflicel Rise to [ ]~ ]~/ ]
including Construction a~f~lle~ i~vtng soil dl~turban~ of I®s~ than or~ (1) 8~re where O~ Hundred (100') of Horizontal DIstan~e? ~ ~
SwPpP~ Shall meet the .lalm.m Raq. lral~nt~ ~ ~ SPDE$ e~eral I~rmlt 8 Will Driveways, Pa,-~thg Areas or other Impan'lous ~ I--TI
~- Ston'n Wat~' Dl~hargee from Cor,~mc~lon a=th, l~. Permit No. GP-0-10-8Ol.) Suffanan be Sloped to Direct Stom~-Weter Run-Off
Z The SWPPP shall de~crlbe the emelon and se~lmen~ co.mi pr~ctlce~ ~d where 9 Will ~is PmJant Require the Ptacement of Matadal,
requlrecl, poet-construeam storm water mm~eme~ prances ~m v,~ll be used anti/ar Removal of Vegetation and/or tha Conslrucflon of any D ~-~
And d~at he/she is the .~.~. ~ ~
Owner and/or repre*entafive of the Owner or Owners, md is duly authorized to perform or haw performed the ~aid work and to
make and file this application; that all a. atemenB contained in this application are true to thc be~t of his lmowled~ and I~lief; and
that the ~ork will be l~rformed in the manner set ford~ in the application £ded here'Mth./~ ~
Sworn to before me this; X -- ~//~/ // / ~ _ ~
FORM - 06110
PROJECT ID NUMBER
I 617.20 SEQR
APPENDIX C
STATE ENVIRONMENTAL QUALITY REVIEW
SHORT ENVIRONMENTAL ASSESSMENT FORM
for UNLISTED ACTtOHS Only
PART 1 · PROJECT INFORMATION ( To be completed by ^pplicant or Project Sponsor)
1.APPLICANT/SPONSOR 2, PROJECT NAME
Doug and Kathlene Folts Folts Property
3.PROJECT LOCATION:
Munlclpalio/ Cutchogue County Suffo k
4 PRECISE LOCATION: Street Addess and Road Intersections. Prominent landmarks etc -or provide mad
90 Oak Street, Cutchogue
PROPOSE° ^CT,OH: [] New 1'Tl ans o.
6. DESCRIBE PROJECT BRIEFLY:
Existing I story house to have additions and alterations, including attached garage, covered wrap around porch,
new 2nd. floor
Existing Septic system to be removed and new one installed further from the water.
Drywells to be installed to control water runoff from the house to reduce erosion.
7. AMOUNT OF LAND AFFECTED:
initially acres 0.038 UIUmately acres 0,076
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS?
W~e aYeS [] NO If no, describe briefly:
re unable to obtain the required set back from wet lands due to the existing site conditions.
9. WHAT IS PRESENT LAND USE tN VICINITY OF PROJECT? {Choose aero any as apply.)
['7]Resi~enlla, F'~lndustfial F'-'[Commemia, UAgriculture ["-[Park/Forest/OpenS.ce [--']Other (describe}
10 DOES ACTION iNVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL
AGENCY (Federal, S~a~e or Local)
r-~Yes r~No if yes, list agency name and permit / approval:
t tealth Department, D.E.C., Trustees, Building Department
11. DOES ANY ASPECT OF THE ACT[ON HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
r-]Yes ~"[No If yes, list agency name and pemnit / approval:
I , AS A .[~.~ULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION?
~e$ NO
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
If~actlon IS a Costal Area, and you are e state agency,
complete the Coastal Assessment Form before proceeding with this assessment
PART II - IMPACT ASSESSMENT (To be completed by Lead Agency')
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD N 6 NYCRR, PART 617.47 If yes, coordinate tl~ review process and use the FULL EAF.
I~Yes I'~No
B. WILl ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR. PART 617.67 If No. a negative
decfaratio~ may be superseded by another involved agency.
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Aeswers may be haedwrttten, if lc=glide)
Cl. Exls6og air quality, surface or groundwate~ quatity or quantity, noise levels, existiog traffic pa~tem, solid waste prnduc~o~ or disposal,
potentia! for erosion, drainage or flooding problems? Explain briefly:
C2. Aesthetic. agricultural, archaeological, h;:,ludc, or olhor natu~ ~1 or culturel resolzl;es; or community or naighbelttood character? Explain brietiy:
I
C3. Veuei=~;,.,. or fauna, fish, ~; ,=;;,';~;~ or w;,~,';,'= specks, signltinant ;,=~i;=L~, of b~'ealenad or e~dangemd species? l= ,~;n briefly.'
C5. Growth, subsequent develepmerd, or related activities likely to be induced by the proposed acfi~? Explain briefly:
C6. Long term, short te~n, cumulative, or other effects ~iidectified in C1 -C57 Explain bheily:
C7. i_O~er impacts (includ ng c,.ha~ges in use of either quantity or ~ of energy.? Explain Ixiefl~:
WILL THE PROJECT HAVE AN MPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSE[:) THE ESTABLISHMENT OF A CRITICAl
ENVIRONMENTAL AREA (CEA ?
E. I$ T~,: .~,"~-", OR IS THE~E LIKELY TO BE, CONTROVERSY RELATED TO POT"~ ADVERSE ENVI RC~{~.I ~'.~.TAL IMPACTS?
PART III - ~ ~ r.n~;~ATION OF SIGNIFICANCE (To be completed by Agency) .
INSTRUCTIONS: F~eachadveruse~ectiden~iedab~ve~determ~newhethe~itissubs~an~arge~irnp~tant~r~henvtse~ign~canL Each
effect should be assessed in connection with its (a) seffing (i.e. urban or rural); (b) probshlr~ of cousnthg; (c) duralion; (d) irmvefs~ir~y; (e)
geographic s<~3pe; and (f) magnitude. If nace~uar/, add attachments or reference supflo~ mate~als. Ensure that explanations contsln
suffictent detail to show that all relevant adverse impa<~ts have been Ideftlified and adequa~ addressed.
If queStion d of part ii was checked
yes, the delerminaflon of signlfi~acoe must evaluate the poten6a! Impac~ of the propased a<:~on o~ ~e env~,T.~;a; ~-~,~ ;:~% .'_'..~ of the CE./
Chacl< thts bex [f Yau have betsnnined, based co the Infommtioe and ausly~ls abeve and a~y suppor~g ~ecume~be~. that ~e ixoposed ac~
WILL NOT result in am/;ignlficer~ adver~ en~ronmenfal Impacts AND provide, o~ attachnlents as ltecessary, the reesofls suppo~ng th{
determination.
Board of Trustees
Name of Lead Ageflcy Da;e
Print or Ty~e Name of Responsible Officer in Lead Agency President
Title of Responsible Officer
Sigllalure of Responsible Officer in Lead Agency Signature of Preparer (If differenl from responsible officer)'
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
Waterfxont Revitalization Program. A proposed action will be evaluated as to its significant
beneficial and adverse effects upon the coastal area (which includes all of Southold Town).
If any question in Section C on this form is answered "yes", then the proposed action may affect the
achievement of the LWRP policy standards and conditions contained in the consistency review law.
Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a
determination that it is consistent to the maximum extent practicable with the LWRP policy
standards and conditions. If an action cannot be certified as consistent with the LWRP policy
standards and conditions, it shall not be undertaken.
A copy of the LWRP is available in the following places: online at the Town of Southold's
website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all
local libraries and the Town Clerk's office.
B. DESCRIPTION OF SITE AND PROPOSED ACTION
SCTM# 136 .01 .54
The Application has been submitted to (check appropriate response):
Town Board [~ Planning Dept. [--] 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:
Additions and alterations at existing first. Add 2 car garage and wrap around covered porch.
New proposed 2nd. floor to be added
Existing septic system to be removed and filled with clean sand. New Drywells to be installed.
Location of action: Construction to start approximately the same depth of existing from water.
Site acreage: gross = 0.46 acres, flagged wetlands = 0.43 acres
Present land use: single family residential use
Present zoning classification: R40
If an application for the proposed action has been filed with the Town of Southold agency, the following
information shall be provided:
(a) Nme of applicant: Doug and Kathlene Folts
(b) Mailing address: P.O. 44161, Ft. Washington, Maryland 20749-4161
(c) Telephone number: Area Code ()(301) 292-0522
(d) Application number, if any:.
Will the action be directly undertaken, require funding, or approval by a state or federal agency?
Yes [~'] No I I If yes, which state or federal agency? DEC, Health, Bluilding, lown
DEVELOPED COAST POLICY
Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,
preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and
minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation
criteria.
~-]Yes [-~ No ~] (Not Applicable - please explain)
The project entails the reconstruction of a single-family dwelling on a previously developed site in a heavily developed
community. Policy 1 is not applicable to the project.
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 [7] (Not Applicable - please explain)
The subject propoerty does not contain nor does the project affect historic or archaeological resources; nor is the project
located in a historic madtime area. Policy 2 is not applicable to the project.
Attach additional sheets if necessary
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See
LWRP Section III - Policies Pages 6 through 7 for evaluation criteria
[~ Yes ~ No [--] (Not Applicable - please explain)
To the extent that this policy is applicable to the proposed project, visual quality and scenic resources will be protected at
the site through the protection and maintainance of the well-vegetated embankment buffering the developed portion of the
site from the tidal waters of Cutchogue Harbor and Haywaters Cove.
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 - please explain)
The pro}ect does not address nor affect erosion control structures or other erosion/flooding initiativos. Policy 4 is not
applicable to the project.
Attach additional sheets if necessary
Policy 5. Protect and improve water quality and supply in the Town of Southoid. See LWRP Section III
- Policies Pages 16 through 21 for evaluation criteria
~ Yes ~ No ~ (Not Applicable - please explain)
The proposed project is consistant with policy 5 via (3) major project components: '1 - upgrade and relocation of the
existing sanitary system more than 100 feet from the wet lands to ensure effective treatment of the sanitary waste;
2 - installation of a drainage system of dryweils to control, manage, and recharge stormwater runoff; and 3 - retention of
the existing vegetation on the site buffering the developed portion of the site from tidal wetlands, which is to be preserved
permanently but also protected from site disturbance dudng construction by a project-limiting fence and stacked haybales.
Attach additional sheets if necessary
Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including
Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22
through 32 for evaluation criteria.
Yes ~ No ~ (Not Applicable - please explain)
Project will be consistant with Policy 6 for the same reasons described for Policy 5; because there will be no net loss
of wetlands; and because the statutory and regulation requirements of both the Town Trustees and NYS DEC will be
complied with.
Attach additional sheets if necessary
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies
Pages 32 through 34 for evaluation criteria. See Section 111 - Policies Pages; 34 through 38 for evaluation
criteria.
~ Yes ~ No ~] (Not Applicable - please explain)
The project will neither affect nor have an impact on air quality in the Town of Southold. Policy 7 is not applicable to the
project.
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 llI- Policies; Pages 34 through 38 for evaluation criteria.
~ Yes ~ No ~ (Not Applicable - please explain)
The project will neither create nor require the handling of solid waste or hazardous substances. Policy 8 is not applicable
to the project.
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.
~ YeJ'"-] No ~ (Not Applicable - please explain)
As the project area is limited to the upland portion of the property landward of the top of an embankment, public access
and recreational use of the adjacent coastal waters and public lands and resources will not be affected by the project.
Policy 9 is not applicable to the project.
Attach additional sheets if necessary
WORKING COAST POLICIES
Policy 10. Protect Southold's wa[er-dependent uses and promote siting' ' of new water-dependent uses in
suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria.
ClYes No Not Applicable- please explain)
The project neither proposes nor affects water-dependent uses. Policy 10 is not applicable to this project.
Attach additional sheets if necessary
Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic
Estuary and Town waters. Sec LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria.
~-~Yes [--] No[~ Not Applicable-please explain
The project neither proposes nor affects commercial or recreational fisheries or other uses associated with the living
madne resources of East Creek (Eugenes Creek). Policy 11 is not applicable to this project,
Attach additional sheets if necessary
Policy 12. Protect agricultural lands in the Town of Southoid. See LWRP Section III - Policies; Pages
62 through 65 for evaluation criteria.
~-~Yes ~ No~ Not Applicable-please explain
The project site is neither situated on nor adjacent lands. Policy 12 is not applicable to the project.
Attach additional sheets if necessary
Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP
Section III - Policies; Pages 65 through 68 for evaluation criteria.
~-~Yes ~ No ~-] Not Applicable-please explain
The project affects neither the use nor development of energy and mineral resources. Policy 13 is not applicable to the
project.
EAST CREEK
(EUGENES CREEK)
43°20'15" 9(/
111.00'
OAK STREET
APPROVED BY
BOARD OF TRUSTEES
TOWN OF SOUTHOLD
DATE ~/~'y'
SITE PLAN
SCALE: 1" = 30'-0'
\
i
Z
$CTM No.: 1000-136-01-54 J
MEETS AND BOUNDS BY:
PECONIC SURVEYORS
JOHN METZGER, LIC. 49618
(631) 765-5020
SURVEYED:
JANUARY 4, 2010
PROPOSED:
ROOF AREA: 3016 SQ. FT.
AT i00% WATER RUNOFF: 504 CU. FT.
(2" RAIN / HR,)
PROVIDE (4) 8' DIA. X 3' DEEP DRYWELLS
8'X3' DRYWELL CAPACITY: 126 GU, F'L.ea.
SEPTIC TANK
LEACHING POOLS
REVISIONS:
LOT NUMBERS REFER TO "MAP OF EUGENE HEIGHTS"
FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE ON
OCTOBER 29,1928 AS FILE NO. 856.
5.6*
13'
Tesl Boring
by McDon~d ~ee~'c~e~cn
8/llflO 12 ~
EL 7,6
Brown ~y
S~d
P~e
~e to Co~se
S~d SW
Brown ~ ~o
Co~=e
SW
FLOOD ZONES FROM FIRM
MAP # 36103C0163 H Sepl. 25, 2009
AREA= 20,014SQ. I~'.
TO TIE LINES
ELEVATIONS ARE REFERENCED TO
NGVD,
ANY ALTERATION ~ ADDITION TO THIS SURVEY IS A ~40LATION
0¢' SgC~70N 72097 THE NEW YORK STATE EDUCATION LAW.
EXCEPT AS PER SECTION 7209-SUB~ViSION 2. ALL CERTITICADONS
HEREON ARE VALID FOR ~7'¢1S MAP AND COPIES THEREOf' ONLY IF
SAID A, fAP OR COP/ES BEAR THE IMPRESSED SEAL OF THE SURVEYOR
H.f-105~ SioNA TURE APPEARS HEREON.
SURVEY OF PROPERTY
AT CUTCHOG UE
TO~N OF SOUTHOLD
SUFFOLK COUNTY, N.Y.
I000--1~--01--54
SCALE: 1"=30'
JANUARY 4, 2010
Ao~. 31, 2010 Cadditions)
CERTIFIED TO:
DOUGLAS C. FOL TS
KA THLEEN M. FOL TS
FILDELITY NATIONAL TITLE INSURANCE COMPANY
I "~>.,'~ .,j :-:., ~' \
I /..,o~ . ~.':',.: ",:.,, \
~:'~ ~ 909
~2~o ~ s~ 09-226
SOU~OLD, N.~ 11971
APPROVED BY
BOARD OF TRUSTEES
TOWN OF SOUTHOLD
DATE uu~¥ c, -z o/~_
'15
EAST
(EUGENES
43°201
CREEK
CREEK)
EP )
111.00'
OAK STREET
SITE PLAN
SCALE: 1"= 30'-0'
GRADE: EL. 7.6'
TEST HOLE BORING BY:
McDONALD GEO$CIENCE
8/11/2010
J$CTM No.: 1000-136-01-$4 J
MEETS AND BOUNDS BY:
PECONIC SURVEYORS
JOHN METZGER, LIC. 4961l
(631) 765-5020
SURVEYED:
JANUARY 4, 2010
SHOT
(2' I~JN / HR.)
PROPOSED SEPTIC SYSTEM DETAIL
/ ~ ~,
SEPTIC TANK
LEACHING POO~
REVISIONS:
STORMWATER MANAGEMENT REQUIREMENTS
RECONMENDED
TOE-IN
PRE-ASSEblBLED SILT FENCE
STRAW BALE DIKE DETAILS
RUNOFF
STANDARD AND SPECIF'[CATION FOR STRAW BALE DIKE
STANDARD AND £PECIFICATION FOR SILT FENCE
SILT FENCE DETAILS
REVISIONS:
S-2
SITE PHOTO -A-
SITE PHOTO -F-
SITE PHOTO -K-
SITE PHOTO -B-
SITE PHOTO -G-
SITE PHOTO -L-
SITE PHOTO -C-
SITE PHOTO oh-
SITE PHOTO -M-
SITE PHOTO -D-
SITE PHOTO -I-
SITE PHOTO -N-
SITE PHOTO -E-
SITE PHOTO -J-
REVISIONS:
NORTH ELEVATION
SCALE: 1/8" -- 1'
WEST ELEVATION
SCALE: 1/8" = 1'
REVISIONS:
I
Ill
SOUTH ELEVATION
SCALE: 1/8" = 1'
EAST ELEVATION
SC-ALE: 1/8" = 1'
REVISIONS:
EXISTING NORTH ELEVATION
SCALE: 1/8" = 1'
EXISTING WEST ELEVATION
SCALE: 1/8" = 1'
REVISIONS:
I
A-1
EXISTING SOUTH ELEVATION
SCALE: 1/8": 1'
EXISTING EAST ELEVATION
SCALE: 1/8": i'
REVISIONS:
I
A-2