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TR-8299
L) John M. Bredemeyer III,President ,,,�pgll�FQ1,l- Town Hall,53095 Main Rd. C Off' OG . P.O. Box 1179 Michael J Domino,Vice-President c� re" James F.King 0 ti x Southold,NY 11971 Dave Bergen ` 71$ Telephone(631)765-1892 ' Charles 1 #'1'° ° Fax(631)765-6641 J. Sanders � ,.' BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DATE OF INSPECTION: 9' A(r)-- Ch. 275 Ch. 111 INSPECTION SCHEDULE Pre-construction, silt fence 1st day of construction '/2 constructed Project complete, compliance inspection. INSPECTED BY: e-') �--� COMMENTS: 4- ft 0 , r CERTIFICATE OF COMPLIANCE: owl iii ®F S007 John M. Bredemeyer III,President 11�I®�� ,, *®l Town Hall Annex Michael J.Domino,Vice-President �� ,,, ,� 54375 Main Road jig_ P.O.Box 1179 James F.King,Trustee ; 4 rlk Southold,New York 11971-0959 Dave Bergen,Trustee ��' "p L== 4z-) Telephone(631) 765-1892 Charles J.Sanders,Trustee �yC®U��'�• Fax Fax(631) 765-6641 of BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 1169C Date: September 17, 2015 THIS CERTIFIES that the demolition of existing dwelling and construction of new 65'x25' two-story dwelling with rear+/-170sq.ft. covered porch, front covered porch, and attached storage area further landward than existing; install new sanitary system landward of dwelling; storm water roof runoff to be in accordance with Town Code, Chapter 236; a line of staked hay bales with silt fencing to be installed along retaining wall prior to and during construction; the area seaward of the existing retaining wall to be maintained as a non-turf buffer area; and for the removal of poison ivy by hand or wicking with Round-Up on an as needed basis for up to 10 years; with the condition to establish and subsequently maintain a 5' wide non-turf buffer landward of concrete retaining wall; At 170 Oak street, Cutchogue Suffolk County Tax Map#136-1-53.3 Conforms to the application for a Trustees Permit heretofore filed in this office Dated August 16, 2013 pursuant to which Trustees Wetland Permit#8299 Dated September 18, 2013,was issued and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for the demolition of existing dwelling and construction of new 65'x25' two-story dwelling with rear+/-170sq.ft. covered porch, front covered porch, and attached storage area further landward than existing; install new sanitary system landward of dwelling; storm water roof runoff to be in accordance with Town Code, Chapter 236; a line of staked hay bales with silt fencing to be installed along retaining wall prior to and during construction; the area seaward of the existing retaining wall to be maintained as a non-turf buffer area; and for the removal of poison ivy by hand or wicking with Round-Up on an as needed basis for up to 10 years; with the condition to establish and subsequently maintain a 5' wide non-turf buffer landward of concrete retaining wall. The certificate is issued to JAMES & SUSAN BROWN owners of the aforesaid property. 690C— 4h,,,,, etaker.= -- - --- - - ------------- - --- Authorized Signature John M. Bredemeyer Ill, President ,�'`•SUFFD[� Town Hall,53095 Main RcL Michael J. Domino,Vice-President 1t * Gy: P.O"Box 1 179 James F. King ; t Southold,NY 11971 Dave Bergen ` , Telephone(63 1)765-1892 " Charles J.Sanders = tol Fax Fax(631) 765-6641 BOARD OF TOWN TRUSTEES • TOWN OF SOUTHOLD DATE OF INSPECTION: d9 '9j d—c ) y • .>l Ch. 275 Ch. 111 • INSPECTION SCHEDULE • • Pre-construction, hay bale line/silt boom/silt curtain 1St day of construction • %2 constructed Project complete, compliance inspection. INSPECTED BY: , 114 ` COMMENTS: (54 . p14;14-44 1 )410 CERTIFICATE OF COMPLIANCE: �_— CC# : C15-22882 jiyi ;j"r�'.,. 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 06/08/2015 under Liber D00012819 and Page 676 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 06/08/2015 SUFFOLK COUNTY CLERK JUDITH A.PASCALE SEAL 111111111111111111111110111111111111111111111111 1111111131111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 06/08/2015 Number of Pages : 4 At: 02 : 48 : 16 PM Receipt Number : 15-0075793 LIBER: D00012819 PAGE : 676 District: Section: Block: Lot: 1000 136 . 00 01 . 00 053. 003 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 $10 .00 NO RPT $60 .00 NO Fees Paid $130 .00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County C II ®' '', ' - 2." " ; , , C • 1/ RECORDED iaber of pages 2015 Jun 08 02:48216 PM C • - JUDITH A. PASCALE 1 CLERK. OF - - ' This document will be public SUFFOLK COUtHTY record. Please remove all L D00012819 Social Security NuMbers P 67 prior to recording. Deed/Mortgage Instniment Deed/Mortgage Tax Stamp Recoding/Filing Stamps , 31 FEES FEES Page/Filing Fee O , • - Mortgage Amt. , 1. Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Spec./Assit: Notation �//;� or EA-52 17 (County) Sub Total Spec./Add. ' TOT.`MTG.TAX EA-5217 (State) , I s. ;-`. <.(.) \/.% • Dual Town Dual County R.P.T.S.A. U20 t, '''•- � '? Held for Appointment Comm.of Ed. 5. 00 ,,�' • Transfer Tax s4;,`•,, .4.4 �°, Mansion Tax Affidavit "� The property covered by this mortgage is Certified Copy • or will be improved by a one or two NYS Surcharge 15. 00q0- family dwelling only. } Sub Total YES • or NO OtherGrand Total g ) If NO,see appropriate tax clause on page# of this instrument. ______--- . —41;;;;:— Dist. 2942360 1000 13600 0100 053003 5• Community Preservation Fund Real Property RP WI A11111111111111111111111 Consideration Amount $ Tax Service Agency 08-JUN-15 CPF Tax Due $ Verification Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Vacant Land TD N.)4.4421.6. C -----b5 0,---?,1_ TD i j e-76'tV )i TD C1) tle1 Ar Mail to: Judith A. Pascale, uffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name www.suffolkcountyny.gov/clerk Title# 8 Suffolk County Recording & Endorsement Page This page forms part of the attached isect, made by: (SPECIFY TYPE OF INSTRUMENT) �°(OW$ / S-�e�eL.+� ~-D' L00"Th The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of d(Al-11c) A In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. 12-0104 10/OSkk (over) DECLARATION OF COVENANTS 44 dayof Jun- 015 byJames C. Brown II and THIS DECLARATION mad this rc,ait��j . ,o. Susan D. Brown, ��resid �' t i TOre4 '9eOa'k S ret, lchogue, NY 11935, hereinafter referred to as "DECLARANT(S) ": WITNESSETH : WHEREAS, DECLARANT (S) is/are the owner(s) of certain real property located on 170 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, Block 01, Lot 53.3 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 five foot wide "non-turf buffer" adjacent to and landward of the concrete retaining wall as depicted on the site plan prepared by Mark Schwartz & Associates, last dated July 3, 2013 and stamped approved on September 18, 2013; 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 a five foot wide "non-turf buffer" as defined by Chapter 275 of the Town Code; and as depicted on the site plan prepared by Mark Schwartz and Associates, last dated July 3, 2013 and stamped approved on September 18, 2013; and 2) These covenants shall run with the land and shall be binding on the DECLARANT(S) , 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 day of , 206. OWNER'S S 'ATURE OWNER'S SIGNATURE STATE OF ilitR/16(k ss: COUNTY OF We "9"/CW y On the Li day of TL1�1 �- , in the year 20 IS, before me the undersi ned, a Notary Public in and for said State, personally appeared 3-01/nQ'S ( kge,4n y , personally known to me or proved to me on the basis of satisfactory evidence to be the individual (s) whose name (s) is/are subscribed to the within instrument and acknowledged to me that hre/they executed the same in /their capacity, and that by h x /their signature(s) on the instrument, the individual or the persons on behalf of which the individual (s) acted, executed the instrument. diu ,6 G „enti ( ,0-47V Notary Public J GERARD P,CAVALUZZI NOTARY PUBLIC,State of New York 2 No 60-4942881 Qualified iii Westchester County , Commission Expires October 11, J/ �J / r SCHEDULE A DESCRIPTION OF PROPERTY DECLARANT - JAMES C. BROWN II AND SUSAN D. BROWN H.S. REF. NO. or NAME OF SUBDIVISION: R10-13-0056 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,being known and designated as Lot No.Eight(8)and the northerly seven(7)feet of Lot No.Seven(7)on the"Map of Eugene Heights,owned by Jacob F. Bowers,situate at Cutchogue,New York",filed as Map No. 856 on October 29, 1928 in the Suffolk County Clerk's Office,being more particularly described as follows: BEGINNING at a point on the southeasterly line of Oak Street distant 160.55 feet as measured along the southeasterly line of Oak Street from the corner formed by the intersection of the northeasterly line of Harbor Lane and the southeasterly line of Oak Street; RUNNING THENCE South 66 degrees 50 minutes 00 seconds East on a line seven(7)feet south and parallel with the northerly line of Lot No. Seven(7)on Map No. 856,230 feet,more or less, to the high water line of Eugene's Creek as shown on said Map; RUNNING THENCE along said high water line North 83 degrees 59 minutes 30 seconds East 14.36 feet to the northeasterly corner of Lot No. Seven(7)on said Map;and RUNNING THENCE still along said high water line of Eugene's Creek as shown on said Map to the northeasterly corner of Lot No.Eight(8)on said Map;and THENCE North 72 degrees 31 minutes 30 seconds West along the northerly line of Lot No. Eight(8)255 feet,more or less,to the southeasterly line of Oak Street; RUNNING THENCE South 43 degrees 08 minutes 30 seconds West along said southeasterly line of Oak Street 30.49 feet to the point or place of BEGINNING. ►+A%OF,A�RiT1I•11/1lf./',11fiT tI.T.«.LL...�4L \.«..\.t •S.\. «J!......a.!i .. \L_ �..� .i....�. i .-.J. .L...• •. • James F.King,President ;.O FQ j Town Hall,53095 Main Rd. Bob Ghosio,Jr.,Vice-President et P.O.Box 1179 Dave Bergen , w r� Southold,NY 11971 'toJohn Bredemeyer _� ji%' Telephone(631)765-1892 Michael J. Domino , 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 Pm-construction, hay bale line 1st day of construction / 1/:constructed ‘/ Project complete, compliance inspection BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK r ' �� `„ / , , , \/I PERMIT NO. 8299 DATE: SEPTEMBER 18, 2013 H1� i ISSUED TO: JAMES & SUSAN BROWN PROPERTY ADDRESS: 170 OAK STREET, CUTCHOGUE �/ NI SCTM# 136-1-53.3 \ H AUTHORIZATION ` �� . \ is, Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in , accordance with the Resolution of the Board of Trustees adopted at the meeting held on September 18,2013, f and in consideration of application fee in the sum of$250.00 paid by James Brown III& Susan D. Brown and subject to the Terms and Conditions as stated in the Resolution,the Southold Town Board of Trustees I \ ' A authorizes and permits the following: / C Wetland Permit to demolish existing dwelling and construct new 65'x25' two- �, 17 story dwelling with rear+/-170sq.ft. covered porch, front covered porch, and attached \/1 I storage area further landward than existing; install new sanitary system landward of dwelling; storm water roof runoff to be in accordance with Town Code, Chapter 236; a line of staked hay bales with silt fencing to be installed along retaining wall prior to and r 1 \\ < during construction; the area seaward of the existing retaining wall to be maintained as 7/ a non-turf buffer area; and for the removal of poison ivy by hand or wicking with Round-Up on an as needed basis for up to 10 years; with the condition to establish and i' 1 subsequently maintain a 5' wide non-turf buffer landward of concrete retaining wall; i I 1, , and as depicted'on the site plan prepared by Mark Schwartz& Associates, last dated //\, y 1 July 3,2013 and stamped approved on September 18, 2013. i \• \ IN WITNESS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affixed, \\ i and these presents to be subscribed by a majority of the said Board as of this date. c ) �i iii._ � -.tar�. OFFOfr _ tz i � � r� ��/� `o w � t 4s dia iris ' ,, : y At,,' r!!/ A. 1 * ' -- • • TERMS AND CONDITIONS The Permittee James& Susan Brown, residing at 170 Oak Street,Cutchogue, New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: 1. That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit,and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties,and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. 2. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely,or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized,or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation,the said Permittee will be required, upon due notice,to remove or alter this work project herein stated without expenses to the Town of Southold. 8. The Permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Clerk's Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety(90) calendar days of issuance of this permit. 9. That the said Board will be notified by the Permittee of the completion of the work authorized. 10. 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 o,•'��OF SO(/r*0 Town Hall Annex Bob Ghosio,Jr.,Vice-President � 54375 Main Road P.O. Box 1179 Dave Bergen * * Southold, New York 11971-0959 John Bredemeyer G Q Michael J. Domino \�'�� Telephone (631) 765-1892 een Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD September 18, 2013 Ms. Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 RE: JAMES & SUSAN BROWN 170 OAK STREET, CUTCHOGUE SCTM# 136-1-53.3 Dear Ms. Moore: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, September 18, 2013 regarding the above matter: WHEREAS, Patricia C. Moore, Esq. on behalf of JAMES & SUSAN BROWN 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 August 16, 2013, 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 September 18, 2013, 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, 2 • • 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 JAMES & SUSAN BROWN to demolish existing dwelling and construct new 65'x25' two-story dwelling with rear +/-170sq.ft. covered porch, front covered porch, and attached storage area further landward than existing; install new sanitary system landward of dwelling; storm water roof runoff to be in accordance with Town Code, Chapter 236; a line of staked hay bales with silt fencing to be installed along retaining wall prior to and during construction; the area seaward of the existing retaining wall to be maintained as a non-turf buffer area; and for the removal of poison ivy by hand or wicking with Round-Up on an as needed basis for up to 10 years; with the condition to establish and subsequently maintain a 5' wide non-turf buffer landward of concrete retaining wall; and as depicted on the site plan prepared by Mark Schwartz &Associates, last dated July 3, 2013 and stamped approved on September 18, 2013. 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, frra ege James F. King President, Board of Trustees JFK/amn • • co, James F.King,President o Town Hall Annex Bob Ghosio,Jr.,Vice-Pr sident 1 W 54375 Route 25,P.O.Box 1179 Dave Bergen ` P�,i�,` Qac/ Southold,NY 11971 John Bredem (?)eyer _ * • , Telephone(631)765-1892 Michael J.Domino Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: Pa-(ric Ia C . M6nrc , Esti -61-- T mes -f-Sttsav, dawn Please be advised that your application dated R it LP 113 has been reviewed by this Board at the regular meeting of I Q/,13 and your application has been approved pending the completion of a following items checked off below. Revised Plans for proposed project Pre-Construction Hay Bale Line Inspection Fee ($50.00) tat Day of Construction ($50.00) 1/2 Constructed ($50.00) Final Inspection Fee ($50.00). • Dock Fees($3.00 per sq. ft.) Permit fees are now due. Please make check or money otter payable to Town of Southold. The fee is computedbelow 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 wilt receive your penult upon completion of the above. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE: $ LOB , U) BY: James F. King, President Board of Trustees IL/hi "..: 40,119°_,Ait , :Ni; - 1 .19. , To , 4 •V lit. r 2 ,74 444i; ° •• 'It ' r$'M� fit`■! :'�i 1j -. S , _�,yT.i k? '''ilirir--41 ikiir it - a - ' •r rAl .....•, _1 ', ir ' . i • ilk'eh, • `—__-_ g.;. ...,r.,ti-41/11111.111111 Arr ,tip �� � , •? 1.,..r.," . '.�'e.'+r¢','" �•\��V ,fes ,. "#k «c ames&Susan Brown 170 Oak Street,Cutchogue •CTM#136-1-53.3 :/11/13 • • isuF FOL James F.King,President �� Cq P.O. Box 1179 Bob Ghosio,Jr.,Vice-President 'ft Southold_NY 11971 Dave Bergen oy - Telephone(631 765-1892 John Bredemeyer u T Fax(631)765- 6641 Michael J.Domino 42, vel 4. Southold Town Board of Trustees Field Inspection/Work Session Report Date/Time: /� 2 e1-o 13 999 Patricia C. Moore, Esq. on behalf of JAMES & SUSAN BROWN requests a Wetland Permit to demolish existing dwelling and construct new 65'x25' two-story dwelling with rear +/-170sq.ft. covered porch, front covered porch, and attached storage area further landward than existing; install new sanitary system landward of dwelling; storm water roof runoff to be in accordance with Town Code, Chapter 236; a line of staked hay bales with silt fencing to be installed along retaining wall prior to and during construction; and the area seaward of the existing retaining wall to be maintained as a non-turf buffer area. Located: 170 Oak Street, Cutchogue. SCTM# 136-1-53.3 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: ' ' , • Lai - .3 1-_.% u' 3 f� o � "� �.a,i-ate t �� andel Pressrit Were: V J. Kir}9 ✓ B. Ghosio ✓ D. Berg, J. Bredemeyer (/ Michael Domino D. Dzenkowski other Form filled out in the field by Mailed/Faxed to: Date: . .4 :. -,Nir. '. 'li - ..%•;.t. fir` g•t ' . , . . , . fa ' - ' .,':rit'V- '-- '7''• -.';‘,1•6'...-•t. .. - '44, Nr.,•.; ',. • . . ‘ lik. r ' : '," ,. ,' "-: ,,, , , ',„• 'ekk- - '7,-.I7,---. _,__-___ ,.' ,... ,r- • . . • . -". "-: -• --- • , .• r , ,..:,''.4. ,e't.. - -r fir . ,.. . . „ - .-... , • t• ' 3:•3' - e''';‘' ,'• , / ' '• ' • . \ 1-/ . 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" 0./ }` BWSTER rf� a,oI *ate ... x _� _� __ __ _ NOTICE COUNTY OF SUFFOLK © v Ton san Oa - moms 36 • '^ ����__ ...e �.m�.... 0-- nw�=MTn. Agar/ ...e _ .0...,....... Iamal — „ , • or ” Of SOU,y OFFICE LOCATION: ���I�a � - MAILING ADDRESS: Town Hall Annex � AS) l� P.O. Box 1179 54375 State Route 25 #, Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) c @ Telephone: 631765-1938 Southold, NY 11971 4� Il Fax: 631 765-3136 te ' ... Sio, LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD � n MEMORANDUM 3,7D 1 3 To: Jim King, President Sa,+iho]C'.c,r Town of Southold Board of Trustees Boar t Trust From: Mark Terry, Principal Planner LWRP Coordinator Date: September 16, 2013 Re: LWRP Coastal Consistency Review for JAMES & SUSAN BROWN SCTM# 1000-136-1-53.3 Patricia C. Moore, Esq. on behalf of JAMES & SUSAN BROWN requests a Wetland Permit to demolish existing dwelling and construct new 65'x25' two-story dwelling with rear +/-170sq.ft. covered porch, front covered porch, and attached storage area further landward than existing; install new sanitary system landward of dwelling; storm water roof runoff to be in accordance with Town Code, Chapter 236; a line of staked hay bales with silt fencing to be installed along retaining wall prior to and during construction; and the area seaward of the existing retaining wall to be maintained as a non-turf buffer area. Located: 170 Oak Street, Cutchogue. SCTM# 136-1-53.3 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed actions are 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 'oFFO(,� • sic etA Peter Young,Chairman ; § + Town Hall, 53095 Main Rd. Lauren Standish, Secretary P.O. Box 1179 ir 'F fir Southold,NY 11971 - 4'4• OP1 Telephone(631)765-1892 4 # �',•' Fax(631)765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., September 11, 2013 the following recommendation was made: Moved by John Stein, seconded by Doug Hardy, it was RESOLVED to SUPPORT the application of JAMES & SUSAN BROWN to demolish existing house located 10' from retaining wall and 63.1' from wetlands edge and construct new house 45.3' and 35.7' from retaining wall, 105.8' and 88.8' from edge of wetlands. New house being 65'X 25' with 10' covered porch, attached storage area in the front yard and front covered porch. New sanitary system in front yard, if required, land seaward of retaining wall will have non-turf buffer and drywells, and install hay bales along retaining wall during construction Located: 170 Oak St., Cutchogue. SCTM#136-1-53.3 Inspected by: John Stein, Doug Hardy The CAC Supports the application with the Condition of a 20' non-turf buffer. Vote of Council: Ayes: All Motion Carried PATRICIA C. MOORE, ATTORNEITI LAW 51020 Main Road 1041Vagga© Southold, NY 11971 LETTER (631) 765-4330 email: pcmoore®mooreattys.com Date %)1)3 Jt To Subject STEES rope 000 A P&%H 0.3 Vstez-r- RECEIVE n AUG 2 3 2013 i-J. Southe,tt f;; T :lard Tru_oo_ _ SIGNED Ei] Please reply E No reply necessary BOARD MEMBERS • ,gyp,"',,, • Southold Town Hall Leslie Kanes Weisman,Chairperson d'�y�114 SU(/rOk ; 53095 Main Road •P.O.Box 1179 / 1%, �p Southold,NY 11971-0959 Eric Dantes * #; Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Homing � O eO',tt� 54375 Main Road(at Youngs Avenue) Ken Schneider 'a OUNf'1 ".0 Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax (631)765-9064 RECEIVED July 25, 2013 AUG - 52013 Patricia Moore ,,,,I own 51020 Main Road Southold, NY 11971 Re: ZBA Application#6652 —Brown Dear Ms. Moore: Transmitted for your record is a copy of the Board's July 25, 2013 AMENDED Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. If you have any questions, please call the office. Sincerely, Vicki Toth End. Cc: Building Dept., Southold Town Trustees BOARD MEMBERS • i''' '' • Southold Town Hall 4 U' SULJry 53095 Main Road• P.O.Box 1179 Leslie Kanes Weisman,Chairperson ,r' . tiO �O Southold,NY 11971-0959 Eric Dantes ; * * 1 Office Location: Gerard R Goehringer 1` G ,j Town Annex/First Floor,Capital One Bank George Horning it. e tt 54375 Main Road(at Youngs Avenue) Ken Schneider = Y�/,My�1, ,Jtt Southold,NY 11971 http://southoldtown.northfork.net nD E C E 0 V c ZONING BOARD OF APPEALS Inl TOWN OF SOUTHOLD AUG - 5 2013cji Tel.(631) 765-1809•Fax (631) 765-9064 tho d own Board of Trustees FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF JULY 25,2013 ZBA FILE: 6652—AMENDED DECISION NAME OF APPLICANT: James and Susan Brown PROPERTY LOCATION: 170 Oak Street(adj. to Eugene's Creek) Cutchogue, NY SCTM#1000-136-1- 53.3 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 April 15, 2013 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 April 29, 2013. 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 INCONSISTENT. However, the amended application, as requested by the Board of Appeals, reduces the proposed variance relief, removes the two proposed drywells from the AE flood zone, and includes the installation of a non-turf buffer between the wetlands and the concrete seawall. Therefore the Board finds the application CONSISTENT with the LWRP policy standards. PROPERTY FACTS/DESCRIPTION: Subject property is a non-conforming 11,529 square foot lot (6,739 square feet buildable area) located in the R40 zone. It is improved with a single family dwelling with attached sunroom and deck. It has 30.492 feet on Oak Street, 221.19 feet on the northern property line, 58.08 feet on Eugene's Creek and 201.48 feet along the southern property line as shown on the site plan dated March 15, 2013 prepared by Mark Schwartz and Associates, Architect. BASIS OF APPLICATION: Request for Variances from Article XXII Code Section 280-116B and Article XXIII Code Section 280-124 and the Building Inspector's April 10, 2012, revised March 20, 2013 • Page of 4—July 25,2013 • • ZBA#6652 AMENDED—Brown SCTM#1000-136-1-53.3 Notice of Disapproval based on an application for building permit for demolition and reconstruction and additions/alterations to an existing seasonal cottage at; 1) bulkhead setback of less than the code required 75 feet, 2) less than the code required minimum side yard setback of 10 feet, 3) less than the total combined side yards of 25 feet,4)more than the maximum code permitted lot coverage of 20%. RELIEF REQUESTED: The applicant requests variances to demolish the existing dwelling and construct a new dwelling with a concrete seawall setback of 25.8 feet where the code requires 75 feet, a minimum side yard setback of 4.9 feet where the code requires 10 feet, 9.9 feet combined side yards where the code requires 25 feet and lot coverage of 25.1%where the code allows a maximum of 20%. AMENDED APPLICATION: During the hearing the applicant was asked to bring the plan into more conformity with the code. On May 30, 2013 the agent for the applicant submitted a revised site plan showing the 10 foot easement agreement along the southerly property line, increased side yards of 5 feet and 6.7 feet , combined side yards of 11.7 feet, reduced lot coverage of 22% resulting from the removal of the proposed attached garage which permits the dwelling to be moved closer to the road thereby increasing the concrete seawall setback to 31.1 feet at the closest point and 45.3 feet at the furthest point. ADDITIONAL INFORMATION: At the hearing the applicant's agent submitted information on the character of the neighborhood with copies of prior variances granted. Additionally, the agent submitted an easement agreement from the adjoining neighbor on the south executed by both parties. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on May 2, 2013 and June 6, 2013 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)(1). Grant of alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicants' propose to demolish their home and replace with a much larger two story home on a lot that is extremely narrow. Many of the properties in this area are similar to the applicants' property and have received setback variances along with lot coverage relief. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than area variances. The subject property is very long and narrow and building any reasonably sized year `round dwelling will require variances. However, the applicants' can build a smaller home with better conformity for side yard setbacks, lot coverage and greater setback from the concrete retaining wall to reduce the substantiality of the variances as applied for. 3. Town Law. 267-b(3)(b)(3) The alternative relief granted herein for the requested variances are mathematically substantial representing a 50% relief for the single side yard, 53% relief for the combined side yards, 59% relief for the concrete sea wall set back, and 10 % relief for the lot coverage. However, the alternative relief is more in keeping with other non-conformities in the neighborhood and the applicant must comply with the storm water management code. 4. Town Law 4267-b(3)(b)(4) Specific evidence has been submitted to suggest that a variance requested in this residential community will have an adverse effect on the immediate neighborhood. The LWRP coordinator recommends the removal of drywelts from the flood zone, installation of a buffer to absorb • Page 3 of 4—July 25,2013 • • ZBA#6652 AMENDED—Brown SCTM#1000-136-I-53.3 runoff, a greater setback from the concrete seawall, and a reduction in the size of the proposed dwelling and lot coverage to improve the property in a manner that is similar to other improvements in this neighborhood of mixed seasonal cottages and year round dwellings, As per the amended application/site plan, the applicants' can decrease the size of the home by at least 3.1%, which will make all non- conforming areas of this application more conforming. Additionally, the amended plan does assist in the remediation of the finding of inconsistent by the LWRP coordinator. 5. Town Law 6267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. The applicant must reduce lot coverage hereby making all variances proposed more conforming. 6. Town Law 6267-b. Grant of alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new dwelling 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 Goehringer, seconded by Member Weisman(Chairperson), and duly carried,to DENY, as applied for, and GRANT ALTERNATIVE RELIEF,as follows: 1. Lot coverage shall not exceed 22%. 2. The single side yard on the northerly side shall be no less than 6.7 feet,with exception of the one (1) story only bump-out of approximately two (2) feet, shown as a dotted line, in the north side yard and on the site plan labeled S-1 dated July 3,2013 and 1st. Floor Plan dated May 29,2013,prepared by Mark Schwartz and Associates,Architect. 3. The proposed two "bump outs" in the first floor plan which encroach into the southerly side yard shall be removed, and; the single side yard on the southerly side shall be no less than 5 feet, with the exception of the proposed chimney. 4. The minimum setback from the concrete seawall shall be no less than 31.1 feet at the closest point Subject to the following conditions; CONDITIONS: 1. The two proposed drywells shall be located outside of the FEMA AE el 7' flood zone. 2. The proposed non-turf buffer shall be established between the concrete retaining wall and the existing wetlands as shown on the amended survey and the existing tree just northeast of the retaining wall shall be preserved. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued Before applying for a building permit,the applicant or agent must submit to the Board of Appeals for approval and filing,two sets of the final site plan and architectural drawings,conforming to the alternative relief granted herein. The ZBA will forward one set of approved,stamped drawings to the Building Department.Failure to follow this procedure may result in the delay or denial of a • Page 4of4—July 25,2013 • • ZBA#6652 AMENDED—Brown SCTM#1000-136-I-53.3 building permit,and may require a new application and public hearing before the Zoning Board of Appeals. Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Schneider, Horning, Dantes. This Resolution was duly adopted(5-0). Vote of the Board: AMENDED DECISION Ayes: Members Weisman (Chairperson), Goehringer, Schneider, Dantes. Nays:Member Horning. This Resolution was duly adopted(4-1). Leslie Kanes Weism/Itfrgearim, irperson Approved for filing 7/3D /2013 BOARD MEMBERS • ���"'" •• iso F SOU Southold Town Hall Leslie Kanes Weisman,Chairperson rt' �� SOU/ 53095 Main Road •P.O.Box 1179 Eric Dantes 0 ~ � Southold,NY 11971-0959 Office Location: Gerard R Goehringer * I Town Annex/First Floor,Capital One Bank George Horning �c ;'0 . ttt 54375 Main Road(at Youngs Avenue) Ken Schneider ?IYCOMM Nrtr' Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 •Fax (631)765-9064 FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF JUNE 20,2013 ZBA FILE: 6652 NAME OF APPLICANT: James and Susan Brown PROPERTY LOCATION: 170 Oak Street(adj. to Eugene's Creek)Cutchogue, NY SCTM#1000-136-1-53.3 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 April 15, 2013 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 April 29, 2013. 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 INCONSISTENT. However, the amended application, as requested by the Board of Appeals, reduces the proposed variance relief, removes the two proposed drywells from the AE flood zone, and includes the installation of a non-turf buffer between the wetlands and the concrete seawall. Therefore the Board finds the application CONSISTENT with the LWRP policy standards. PROPERTY FACTS/DESCRIPTION: Subject property is a non-conforming 11,529 square foot lot(6,739 square feet buildable area) located in the R40 zone. It is improved with a single family dwelling with attached sunroom and deck. It has 30.492 feet on Oak Street, 221.19 feet on the northern property line, 58.08 feet on Eugene's Creek and 201.48 feet along the southern property line as shown on the site plan dated March 15, 2013 prepared by Mark Schwartz and Associates,Architect. BASIS OF APPLICATION: Request for Variances from Article XXII Code Section 280-116B and Article XXIII Code Section 280-124 and the Building Inspector's April 10, 2012, revised March 20, 2013 Notice of Disapproval based on an application for building permit for demolition and reconstruction and additions/alterations to an existing seasonal cottage at; 1) bulkhead setback of less than the code required 75 feet, 2) less than the code required minimum side yard setback of 10 feet, 3) less than the total combined side yards of 25 feet, 4) more than the maximum code permitted lot coverage of 20%. RELIEF REQUESTED: The applicant requests variances to demolish the existing dwelling and construct a new dwelling with a concrete seawall setback of 25.8 feet where the code requires 75 feet, a minimum side yard setback Page of 3—June 20,2013 • • ZBA#6652—Brown SCTMH 1000-136-1-53.3 of 4.9 feet where the code requires 10 feet, 9.9 feet combined side yards where the code requires 25 feet and lot coverage of 25.1% where the code allows a maximum of 20%. AMENDED APPLICATION: During the hearing the applicant was asked to bring the plan into more conformity with the code. On May 30, 2013 the agent for the applicant submitted a revised site plan showing the 10 foot easement agreement along the southerly property line, increased side yards of 5 feet and 6.7 feet , combined side yards of 11.7 feet, reduced lot coverage of 22% resulting from the removal of the proposed attached garage which permits the dwelling to be moved closer to the road thereby increasing the concrete seawall setback to 31.1 feet at the closest point and 45.3 feet at the furthest point. ADDITIONAL INFORMATION: At the hearing the applicant's agent submitted information on the character of the neighborhood with copies of prior variances granted. Additionally, the agent submitted an easement agreement from the adjoining neighbor on the south executed by both parties. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on May 2, 2013 and June 6, 2013 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: I. Town Law§267-b(3)(b)(1). Grant of alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicants' propose to demolish their home and replace with a much larger two story home on a lot that is extremely narrow. Many of the properties in this area are similar to the applicants' property and have received setback variances along with lot coverage relief 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 area variances. The subject property is very long and narrow and building any reasonably sized year `round dwelling will require variances. However, the applicants' can build a smaller home with better conformity for side yard setbacks, lot coverage and greater setback from the concrete retaining wall to reduce the substantiality of the variances as applied for. 3. Town Law. 267-b(3)(b)(3) The alternative relief granted herein for the requested variances are mathematically substantial representing a 50% relief for the single side yard, 53% relief for the combined side yards, 59% relief for the concrete sea wall set back, and 10 % relief for the lot coverage. However, the alternative relief is more in keeping with other non-conformities in the neighborhood and the applicant must comply with the storm water management code. 4. Town Law §267-b(3)(b)(4) Specific evidence has been submitted to suggest that a variance requested in this residential community will have an adverse effect on the immediate neighborhood. The LWRP coordinator recommends the removal of drywells from the flood zone, installation of a buffer to absorb runoff, a greater setback from the concrete seawall, and a reduction in the size of the proposed dwelling and lot coverage to improve the property in a manner that is similar to other improvements in this neighborhood of mixed seasonal cottages and year round dwellings, As per the amended application/site plan, the applicants' can decrease the size of the home by at least 3.1%, which will make all non-conforming areas of this application more conforming. Additionally, the amended plan does assist in the remediation of the finding of inconsistent by the LWRP coordinator. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. The applicant must reduce lot coverage hereby making all variances proposed more conforming. Page 3 of 3—June 20,2013 • . ZBA#6652—Brown SCTMU 1000-136-1-53.3 6. Town Law 4267-b. Grant of alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new dwelling 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 Goehringer, seconded by Member Weisman (Chairperson), and duly carried, to DENY, as applied for, and GRANT ALTERNATIVE RELIEF,as follows: 1. Lot coverage shall not exceed 22%. 2. The single side yard on the northerly side shall be no less than 6.7 feet. 3. The proposed two "bump outs" in the first floor plan which encroach into the southerly side yard shall be removed, and; the single side yard on the southerly side shall be no less than 5 feet, with the exception of the proposed chimney. 4. The minimum setback from the concrete seawall shall be no less than 31.1 feet at the closest point Subject to the following conditions; CONDITIONS: 1. The two proposed drywells shall be located outside of the FEMA AE el 7' flood zone. 2. The proposed non-turf buffer shall be established between the concrete retaining wall and the existing wetlands as shown on the amended survey and the existing tree just northeast of the retaining wall shall be preserved. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Before applying for a building permit, the applicant or agent must submit to the Board of Appeals for approval and filing,two sets of the final site plan and architectural drawings,conforming to the alternative relief granted herein. The ZBA will forward one set of approved,stamped drawings to the Building Department. Failure to follow this procedure may result in the delay or denial of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Schneider, Horning, Dantes. This Resolution was duly adopted(5-0). ♦, / 1 ` (titer Leslie Kanes Weisman, Chairperson Approved for filing 6 /27' /2013 • PATRICIA C. MOORE • Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 August 19, 2013 Southold Town Trustees RECEIVE Town of Southold Main Road, Town Hall Annex Southold NY 11971 AUG 1 9 2013 J uthold Town RE: JAMES & SUSAN BROWN BoardolTrustues 1000-136-1-53 . 3 Dear Board members : With reference to the above enclosed please find "Project Description" which replaces previously filed project description. Thank you and please do not hesitate to call should you have any questions . Thank you. Very tru yours, Patricia C. Moore PCM/bp Enc. M S PROJECT DESCRIPTION Demolish existing house located 10' from retaining wall and 63.1 from wetlands edge and construct new house @45.3 and 35.7 from retaining wall, 105.8' and 88.8' from edge of wetlands, with 22% lot coverage, all in accordance with ZBA decision approving variances. New house being 65' x 25'with 10' covered porch, attached storage area in the front yard, and front covered porch. New sanitary system in front yard, if required, land seaward of retaining wall will have non-turf buffer and drywells in accordance with Town Code 236. Haybales along retaining wall during construction. RECEVE jj AUG 1 9 2013 putt old Town urs , r cto." --------------- James F.King,President _4tf 80047-._ Town Hall Annex Bob Ohoeio,Jr.,Vice-President J,`O 64376 Main 1Road Dave Bergen * r Southold,New York 11971-0959 JohnBre I Michael J..Domino r � Tetaphone(831)766-1892 4 Fax(831)786.8841 10E1 VT/ BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only __coastal Erosion Permit Application Wetland Permit Application Administrative Permit �. Amendmentlf : - x -,3n _S T t/Received Application: tV Th- • Th Fee:S • h• Di ,tompleted Application Ancil 13 —Incomplete aAUG 1 6 2013 _ SEQRA Classification: Type I Type II Unlisted oo��ination:(date sent) s ,0 bWR'Consistency • ::- . Form D (3bBoard of Trustees L./CAC&eferral Sent: ate of Inspection: cum _Receipt of CAC Report: Lead Agency Determination: echnical Review: Public Hearing Held: `71 Resolution: I Name of Applicant James&Susan Brown Mailing Address 22 Sherwood Lane Stormville, NY 12582 Phone Number.( ) (845) 729-5104 Suffolk County Tax Map Number: 1000- 136-1-53.3 Property Location: 170 Oak Street Cutchogue New York, 11935 (provide LILCO Pole#,distance to cross streets, and location) AGENT: Patricia C. Moore Esq. (If applicable) Address: 51020 Main Road Southold NY 11971 Phone: (631) 7654330 (Thr\1 1 •ard of Trustoes Appliaaticai GENERAL DATA Land Area(in square feet): 11,529 sq.ft. r-40 • Area Zoning: f. Previous use of property: existing residence to be demolished Intended use of property: new residence Covenants and Restrictions on property? Yes X No If"Yes", please provide a copy. Will this project require a Building Permit as per Town Code? X Yes No If"Yes",be advised this application will be reviewed by the Building Dept. prior to a Board of Trustee review and Elevation Plans will be required. Does this project require a variance from the Zoning Board of Appeals? X Yes No If"Yes",please provide copy of decision. Will this project require any demolition as per Town Code or as determined by the Building Dept.? x Yes No I • Does the structure(s)on property have a valid Certificate of Occupancy? X Yes No Prior permits/approvals for site improvements: Agency Date ZBA July 25, 2013 • No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes,provide explanation: Project Description(use attachments if necessary): demolish existing house located @10 feet from the retaining wall and 63.1 feet from wetlands and replace sanitary system, if required. new house constructed with setbacks approved by ZBA 31.1 feet and 45.3 feet to retaining wall See 1 in Addendum • • PROJECT DESCRIPTION Demolish existing house located 10' from retaining wall and 63.1 from wetlands edge and construct new house @45.3 and 35.7 from retaining wall, 105.8' and 88.8' from edge of wetlands, with 22% lot coverage, all in accordance with ZBA decision approving variances. New house being 65' x 25' with 10' covered porch, attached storage area in the front yard, and front covered porch. New sanitary system in front yard, if required, land seaward of retaining wall will have non-turf buffer and drywells in accordance with Town Code 236. Haybales along retaining wall during construction. p) ECI_IVE AUG 1 9 2013H S31'4..,... e�a�:d,� Ord of Trustees Application. WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: demolish existing house and construct new house, replace sanitary system, as needed, add drainage Area of wetlands on lot: 3,400 square feet Percent coverage of lot: 3.3 Closest distance between nearest existing structure and upland edge of wetlands: @1 0 feet Closest distance between nearest proposed structure and upland edge of wetlands: 31.1 + 20' = 51.1feet Does the project involve excavation or filling? No x Yes If yes,how much material will be excavated? tbd cubic yards How much material will be filled? tbd- sanitary cubic yards Depth of which material will be removed or deposited: footings feet Proposed slope throughout the area of operations: flat Manner in which material will be removed or deposited: small equipment-standard house construction • 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): none • i PROJECT ID NUMBER 617.20 SEAR APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1 -PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) j 1.APPLICANT/SPONSOR c-.:• � 2.PROJECT NAME K(nt,* "el S>f a-.1 f0 n.."1.0".-0 SYo w—r• 3.PROJECT LOCATION: hs i s I 1,,t se • Municipalityie(t`F2�L.L42 County PRECISE LOCATION: Shoot ARddess and Road Intersections. Prominent landmarks etc -or provide mao 170 00_14— S ¢-e_A"r cl-i-cfn b ri—c2-- 11 1 f 1 5.IS PROPOSED ACTION: '` .41 El Expansion [J Modification!alteration 6.DESCRIBE PROJECT BRIEFLY: • -I ��-CNI.I of tsk Ct5 ' `#""n 1 VQJ "Q aindS leo u$t Iw1t1 u n'rci I,tevsbe . zA- a-/1r -v`4 Vc ticvte-e-4 . too0 -- / 3G = / - 5-3. 3 7.AMOUNT OF LAND AFFECTED: I i ) 5 Zej S Initially • 1.r acres Ultimately + 2-S. acres i 8.WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? WYes ❑ No If no,describe briefly. \t/a..44.:(4,- nc� r r0c 9. IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) esidential n Industrial []Commercial nAgrIculture n Park/Forest/Open Space Other (describe) to. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federa4 to or Local) 1: []Yes II yes, Iist'agency name and permit / approval: i 11.DO ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes ''n No If yes, list agency name and permit / approval: — 12. AS A OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? Ayes No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / :., sor ,.,,'e _ Date: I. Signa; . .. II If the action is a Costal Area,and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment I ' Addendum wetland edge is @20 feet seaward of retaining wall. House to be constructed with dimensions shown on plans prepared by Mark Schwartz dated July 3, 2013. New house is 22% lot coverage, being 65' x 25', 10' covered porch, attached storage area in front and front covered porch, land area seaward of retaining wall will have a nonturf buffer. Drywells in accordance with Town Code 236. Haybales along retaining wall during construction. • • PART If- IMPACT ASSESSMENT(To be completed by Lead Agency) A..DOES ACTION EXCEED ANY TYPE ITHRESHOLD IN 6 NYCRR,PART 617.4? If yes,cooN'mate the review process andusethe FULL EAE Q Yes Q No • B. Wil ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNUSTED ACTIONS IN NYCRR,PART 617.6? If No.a negative declaration may be superseded by another involved agency. ❑Yes ©No Q COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten,If legible) Cl. Ebdstng air quay.surface or groundwater quaQy or quantity,noise levels,existing traffic paters solid waste production or disposal. nIen Ilei for erosion,drainage or Gooding problems? Explain Wetly: Q Aesthetes,agdaAWraL archaeological,Sstolte,or other natural or cultural resources;or community a neighborhood character?Explain bdapy: • Ca. Vegetation or fauna,fish,shearsror wS(eapedes,significant habitats,or threatened or endangered species?Explain briefly. C4. A community's existing plans or goals as officially adopted,or achange,in use or intensity of use of land or other natural resources?Explain briefly: CS. Growth,subsequent development,or related activities likely to be induced by the proposed action?Explain briefly: 1 C6. Long term,shod term,cumulative,or other effects not identified in CICS? Explain briefly: - _ - Cl.'Other impacts(including dbanges in use of either quantity or type of energy?'Explain briery:-`- —.. O.WILL THE PROJECT HAVE AN IMPACT CN THE ENVIRONMENTAL CHARACTETISTics THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVRDNMENTAL AREA(CEA)? Of yes,explain bdeey . . n Yes Q No • • E is THERE,OR IS THERE uiay To 6E.CONTROVERSY REtATE0 TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? NXes esr$*t • .' Yes ©No mom-DERERGGWAl1OItOFSIGNIFICANCE(To be completed byAgency) . RISTRUC Ot1St For each adverse effeotidel dabove,determinewhetherkk substsolial.large,Impotent orotherwise significant Endt effect should be assessed in cdnna:don with is(a)setting(Le.urban or not(b)plot *of ooalniYg;(r4 dweUon (d) (e) geographic scopm and(0 magnitude. If necessary,add attachments or reference supporting medial& Ensure that elgilatetam contain sufficient detail toshowb tatrelsvaitadversei pactshavebeenidentiiedwMadeglatlyaddrssed. Ifquagga dapse ilWas daedmd yea.thedetemttatonaftignlbaloe mustevaluetetltepotential kupactofthe proposed action en the entamen SdietadalstcsoftheCEA. • Cs ed U*b tu have Idenøed one urinate potetdlaSylargeorMonifcathtaMkrseImpacswMdtMAYcoaal.Then poceeddirectly(,fireF(AI FAF andkrprepare a positive declaration. • Check Mb box tyeu'havedetonated,based en the Information and analysis above and any supporting documentation.that the proposed stem IWIetLNI nation.OT result in any significant adverse em konmental impacts AND provide, on'attachments as necessary, the reasons supporting pais derm Boand of Trustees Ci .50ya // 2 a/3 �I Name of Lead Agency /CT /(/ 'R/ (� Dale �/�/�� President Print or Type N Responsible�y�Officer in�n� Title of Responsible Officer • • BOARD OF TRUSTEES TOWN OF SOUTHOLD: NEW YORK x In the Matter of the Application of AFFIDAVIT OF MAILING James & Susan Brown Applicant's Land Identified as 1000-136-1-53.3 x COUNTY OF SUFFOLK) STATE OF NEW YORK) I,Betsy Perkins residing at Mattituck, New York, being duly sworn, depose and say that: On Septembers, 2013, deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the persons listed on the attached list at the addresses set below their respective names; that the addresses set below 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 Office at Southold, New York, that said Notices were mailed to each of said persons by CERTIFIED MAIL/RETURN RECEIPT. Attached hereto is the white receipt post-marked by the Southold Post Office on said date. aurt Sworn to before me this fgday of : . - :er, 2013 (Notary Public) PATRICIA C. MOORE Notary Public, State of New York Suffolk Coun Y - No.4861668 Commission Expires June 16,= • • BROWN NEIGHBOR LIST SCTM: 1000-136-1-53.3 BETTY R DEROSKI REV.TRUST C/O TWOMEY LATHAM SHEA & KELLY PO BOX 9398 RIVERHEAD NY 11901 SCTM: 1000-136-1-24.1 ERNA LANG TRUST 220 OAK STREET CUTCHOGUE NY 11935 SCTM: 1000-136-1-51 JOYCE MONK PO BOX 772 CUTCHOGUE NY 11935 SCTM: 136-1-53.1 RECEIPT RECEIPT RECEIPT 7104 2438 8090 0000 1850 7104 2438 8090 0000 1836 7104 2438 8090 0000 1843 FROM: FROM: FROM: Moore Law Office Moore Law Office Moore Law Office RE.brown trustees hearing RE brown trustees hearing RE.brown trustees hearing SEND TO: SEND TO: SEND TO: JOYCE MONK BETTY R OEROSKI REV.TRUST ERNA LANG TRUST PO BOX 772 0/0 TWOMEY LATHAM SHEA&V 220 OAK STREET CUT9 OGUE NY 4.1935..., PO BOX 9398 CUTCHOGUE NY 11935 RIVERHEAD NY 11901 - /. SEES: FEES: EE'S:,. 6 _ / *age 046 / Postage 046 Certified Fee 9postage 0 10 Certified Fee 3.10 Certified Fee 3.10Return Receipt 2755 Return Receipt _ 7,q6 Return Receipt 2155 , Restricted ReitRcteC RasR�ded' TOTAL $6.1 t TOTAL $6.11 \TOTAL $6.11 POSTMARK OR DATE 1. POSTMARK OR DATE \ POSTMARK OR DATE i • BOARD OF TRUSTEES TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of AFFIDAVIT OF SIGN POSTING James & Susan Brown (to be completed after posting remains in place for eight days) COUNTY OF SUFFOLK) STATE OF NEW YORK) I,SUSAN BROWN residing at Cutchogue, New York being duly sworn, depose and say that: That on September , 2013, I personally posted the property known as 170 Oak Street, Cutchogue, New York , (SCTM: 1000-136-1-53.3) by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the post has remained in place for eight (8) days prior to the date of the public hearing. Date of Hearing noted thereon to be held September 18, 2013 at or about 5:30 p.m. Z/�119'"Th Susan Brown Sworn to before me this 3c day of te. A -AOP 1IS i0 <4 Notary Pu.lic BETSY A.PERKINS Notary Public,State of Nevi York No.01PE6130838 Qualified in Suffolk Coufoe --mission Expires July 18, NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearin will be held bythe SOUTHOLD BOARD OF TRUSTEES at the Town Hall, 53095 Main Rad, Southold, New York, concerning this property. • OWNER(S) OF RECORD:am" ( 5cAsersbnp")1\ To demolish existing dwelling and construct new SUBJECT OF PUBLIC HEARING: 65'x25 covered two-story ont dwellingcovered with rear +1-17Osqand .ft. porch, frporch, attached storage area further landward than existing; install new sanitary system landward of dwelling; storm water roof runoff to be in accordance with Town Code, Chapter 236; a line of staked hay bales with silt fencing to be installed along retaining wall prior to and during construction; and the area seaward of the existing retaining wall to be maintained as a non-turf buffer area. TIME & DATE OF PUBLIC HEARING: • Wednesday, Sepiember t3 &o13 - od-or abovir530 PM If you have an interest in this protect, 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 Ord of Trustees Application • County of Suffolk State of New York 1.,1413 RA/ JAMES BROWN AND`DENISE BROWN, BEING DULY SWORN 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, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Zignature SWORN TO BEFORE ME THIS ICDAY OF /441 ,2013 / attr(� DONNA A.COTARELO /1 Notary Public,State of New York `LLM1.��/+v'LL � No.01C06132046 Qualified in Westchester Coun h _ea? Commission Expires Aug.22, "lard of Trustees Applicatio• AUTHORIZATION (where the applicant is 7s not the owner) / 1, Jcc4S err.. l residing at a5A rl�. 00 d L .te (print o ner of property) (mailing address) 5/crai✓+ 1!e`nf! ,25e707,do hereby authorize // (Agent) It 4r i cc a e mo O a`e, to apply for permit(s) from the Southold Board of Town Trustees on my behalf. •wner's signature • • JAMES & SUSAN BROWN 22 Sherwood Lane Stormville NJ 125 March 25, 2013 Patricia C. Moore 51020 Main Road Southold NY 11971 Dear Ms. Moore: We, as owners of property known as 170 Oak Street, Cutchogue,New York, (sctm: 1000- 136-1-53.3)we hereby authorize you to act as our agent regarding any and all applications with the Town of Southold Zoning Board of Appeals and any other agencies. Very truly yours, James Brown usan Brown . • 'I . .. • li I; • APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM . 7e Town of SouthoM's Code of EthiesEthics inhibits conflicts of interest on the oart of loin Officen and emolovees.The narrow of this Pam is to provide infbrinatlon which an alert the town of ooailble conflicts of items and allow it to Se whatever action k , teary to avoid same YOUR NAME: James & Susan Brown (Last name,That name,middle initial,unless yob are applying 10 the name of someone else or other entity,such as a company.If so,indicate,t e.otlw person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Building 1 Mariana ante _ Trustee Change of Zone Coastal Erosion 11 Approval of plat Mooring I' Exemption from plat or official map Planning - I I. OtherI' (Ifseterename the actMty) ZBApreviouslycompleted I1 • Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood,marriage,or business Interest."Business Interest"means a business including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation •I in which the town officer or employee owns more than5%of the shares. . I YES NO X . • Ifyou answered"YES",complete the balance of this form and date and sign where indicated. hf i' Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the appl'rcent/agent/repreaomative)and the town officer or employee.Either check ';: the appropriate line A)through D)and/or describe in the spas provided " The town officer or employee or his or her spouse,sibling,paras,or child is(check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant `1 (when the applicant is a corporation); _B)the legal or beneficial own;of any interest in a non-corporate entity(whoa the11 applicant is not a corporation): - I _C)an officer,director,partner,or employee of the applicant or D)the actual applicant. . DESCRIPTION OF RELATIONSHIP I I . Submitted this • day of • 200_ ;{ Signature I PrintName Jay &Susan Brown Patricia C. Moore Forrn TS 1 • I • i 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 this form is to provide information,which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: BROWN,JAMES&SUSAN AND MOORE,PATRICIA (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company. If so,indicate the other person or company name.) NATURE OF APPLICATION:(Check all that apply.) Tax Grievance Variance X Special Exception If"Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Trustees Do you personally, (or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of(or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO_X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D(below)and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): 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 A, Submitted this / day of 46444- Signature: Susan : n Patricia C.Moore • • d� '`= Town of Southold f -t- Erosion, Sedimentation & Storm-Water Run-off ASSESSMENT FORM I. '15•.j��-Z-- fl PROPERTY LOCATON: s.C.TM.E THE FOLLOWING ACTIONS MAY REQUIRE THE SUBMISSION OF A ":;'Qy x STORM-WATER,GRADING,DRAINAGE AND EROSION CONTROL PLAN 3f liEr section -B6e nt Tor— CERTIFIED BY A DESIGN PROFESSIONAL IN THE STATE OF NEW YORK, SCOPE OF WORK - PROPOSED CONSTRUCTION ram# / WORK ASSESSMENT YesNo is a. What is the Total Area of the Project Parcels? � Will this Project Retain Al Storm-Water Run-Off (Include Total Area of all Parcels located*bin 4 ,x�i-,K Generated by a Two(27 Inch Rainfall on Site? • the Scope of Work for Proposed ConabuCilon) MS.rAmse) (This Item willinclude all runoff created by skis ✓ 1 El b. What Is the Total Area of Land Clearing dewing and/or construction activities as well as all and/or Ground Disturbance for the proposed /4 5 SF Site Improvements and the permanent p�tiat of construction / . activity? pT.Moms) impervious surfaces.) PROVIDE BRIEF PROJECT DESCRIPTION pread,Addeap Page at Nadel) 2 Does ge are turesPlan and/orSurveySShow Ali Proposed s — ❑ Drainage Structures indicating Size&Location?This -/ / L J Item shall Include all Proposed Grade Changes and C Y&/Y/QnI c PiKI�ir/�7'C/ t4ife j, Slopes Controlling Surface Water Flow. &A- ( / ,,/ e/ 3 Does the Site Plan and/or Survey describe the erosion Y19n,S T /'Peel, `Y lar°L�LLt{ and sediment control practices that will be used to _//n /«rl!gzfon r-/ o _�is 71! ! controlm site erosion and storm waterte discharges. This /_ � item must be maintained throughout the Entire L ' r Construction Period. S/YLG�hies . 4 Will this Project Require any Land Filling,Grading or �L (,�/ Excavation where there is a change to the Natural 7-6 4 9 fa4ge r (7840 A�d Existing Grade Involving more than 200 Cubic Yards e _ j• of Material within any Parcel? 5 Will this Application Require Land Disturbing Activities I ✓ / t. Encompassing an Area in Excess of Five Thousand I I ' (5,000 S.F.)Square Feet of Ground Surface? 6 Is there a Natural Water Course Running through the Site? is this Project within the Trustees jurisdiction General DEC SWPPP Requirements: or within One Hundred(100')feet of a Wetland or Submission of a SWPPP la required for at Corebuctinn activities involving soil Beach? • disturbances of one(1)or more acres; Including disturbances of less than one acre that 7 IMO there be Site preparation on Edsting Grade Slopes • are part of a larger cannon plan that wit ultimately disturb one or more acres of kind; which Exceed Fifteen(15)feet of Vertical Rise to , / Including Consaudbn activities!anteing sal disturbances of lose than one(1)asOne Hundred(tOV)of Horizontal Distance? e where El `� the DEC has determined that a SPOFS permit Is requited for Mann water discharges. (SWPPP's Stmt meet the Minimum Requirements of the SPDES General Permit 8 Will Driveways,Parking Areas or other impervious vc for Storm Water Discharges from Construction activity•Permit No.GPO-W-0011 Surfaces be Sloped to Direct Storm-Water Run-Of 1.The SWPPP shat be prepared prior to the submittal of the NOi.The 1401 shag be Into and/or in the direction of a Town rigM-0f-way? submitted to the Deparbnent prior to the commencement of conywWon activity. j . 2.The SWPPP shall describe the erosion and sediment=tot practices and where 9 Will this Project Require the Placement of Material, requited.post-construction storm water management practices that wig be used endlor Removal of Vegetation and/or the Construction of any I ` constructed to reduce the poileals in storm water discharges and to assure Item Within the Town RIgMW-Way or Road ShoulderII: compliance with the terms and cendtMns of lids permit.In addition,the SWPPP shat me Arae?(rat ewe We NOT hSaeSsefgareweyApra) j• ' Identify potential sourest of gelutonwhkh may reasonably be expected to affect the ' cruelty of atom we dedrgx NOTE: le my Anew to Questions One through Mme la Mawered oath a Check Nark 3.Al sWPPPs that require the pesmwkuoeon storm water management practice Ina Barr cad the conabucton site disturbance Is between tato AF.&I Awe In ane, I conwenerl shat be prepared by a quelled Dolph Professional Licensed te New Yak astom.Waur,Grading.Drainage&Emden Control Plan is Required bySeTam of Mal Is knoMedgeable NDN principles and practices of Storm Water Management Southold and Moat be Submitted for Review fMotelasrnence dewy BuildigP,rrNL Ii.. (NOM *Chad:Wadi(4)epicAnwar eaMQnitm Is Regaled fore comps pcplospn) STATE OF NEW YORK, clip- COUNTY OF... ..,,a.116— SS 4Yetnal, &Inez a A dvidual(., )d�� being duly sworn,deposes and says that he/she is the applicant for Perrnit, • mimeAnd that he/she is the 4 Conitaclol A9en4 Corporate Officerelai Owner and/or representative of the Owner or Own rs,and is duly authorized to perform or have performed the said work and to make and file thii application;that all statements contained in this application are true to the best of his knowledge and belief,and that the work will be performed in the manner set forth in the application filed herewith. Swom to before m / � ? day ... .. .. SOLS •, Notadorry Public __ ? ,t.'`.. -- 1 / g . A.pFRKINS (Slgnakeearope®nt) FORM - 0 :/10 / - l Notary public,State of New Vbt1t No. 01 Suffol636 i Qualified in Se duly 18, Commission Expires • • • ifitaltii Town of Southold - Chapter 236 - Stormwater Management . l`tib _,o, SWPPP - Storm Water Pollution Prevention Plan Assessment Form GENERAL INFORMATION: (All Requested Information is Required for a Complete Application) APPIUCAIfr MAIM Omer•Apra-cereera-Conralor or Other fad.ar) Proem Owlet WOMpmtdim Waal) i" Brown Jay& Susan Addles& 170 Oak Street Cutchogue NY 11935 Add's' I. Telephone& Fal ' Teleplwwk I ran& E-NM E-kWh PrefrefIV •CSM Ades 170 Oak Street, Cutchogue t Stroctend Mac,Son se.Tatal isoo 1sb-1-os.3 do maw - - Pstig housee on 11 SneacwrawaaaCanted Pnm. ntl.pe.p.gn..r wrawppn demolition of existing house on 11,529 sq.ft. parcel, newconstnuctkmof-hcrose-sankatyand eltainege in Address: accordance witb.ZBA.decision,Trustees.permil,.__ DEC and Health Department Yer/Iwa& ' pa& 2-14a& Meer et venoms Ammar*Pm In.teaetle,e a MOrtsn eaei&aeMneasea reason alts. TeMphpr k Pet IA E-Ma& . IC"ArnotM 11,529 TcSAma aid°"'"p 10000sf P* Pats, war Ground Oha Marra* ,b (Seep) pf.lmaq MOM Dwawn: End .. • (Anedpasd) Dike Or mrean-drCny WIN thisProject Disturbs Mire(5)or More Acres at .. - Any One Time During the Prowsed Development 7 YU • No . • .. rat Piss Ansa drrolke mel ..____________._..__._-_.._._._ a. Does the Applicant have a quailed Inspector On Staff To Conduct the Required AMpelons? Yss • NO ... . b. Does the SWPPP Indicate How Frequently lie Site r—, UP Sun MAIMS saa . plen elA Par.leey r4.ew M w. rq-a rrorWwae d Inspections wit Occur and for What Period of Tile? Yes No .. c. Does the SWPPP Adequately Identify AI Temporay and/or Permanent Sol al�alm Measures Ye. • 1 -- m d. Does the SWPPP Adequately Identify a Canplete .. .. ._...__ Project Phasing Plan 7 a oma a floored warbedp lq.NM-nem us k *sd-) e. Does tilt SWPPP Inlale Additional Stip Spode° r1 ri Practices thatwu be Caked to Protect Water Godly? Yee No I. Hastier Applicant Suubmwed•Completed DEng Notice pool Impeded Of Intent and SWPPP Acceptance Form tax Review f—i 1—� rya by.reewrrwps ley taw,set acre rood,erre,Rwhn-erweeen0.J . by the Town of Souhdd 7 Yes No STATE OFNEWYORK, ./c • UNIT OF�.s/t`rca2.1.'L- SS That L._.. .t..c.i> C!27..0 _...._.being duly sworn,deposes and says that he/she is the applicant for Permit, vtisitimusfAnd that he/she ii the ,all:222„u.;1r• } .. Owner and/or representative of the Owner or Owners,and is duly awhorized to perform or have performed the said work and to make and file this application;that all statements contained in this application are true to the best of his knowledge and belief;and that the work will be performed in the manner set forth in the application filed herewith Sworn to) me this: (% je ...- / �PuhY1?l _____2°1-7 ____ .... :LIA(2). daY ci t: 3tllte of New York Mann,aAaeow.) SWPPP )Ilohfyant$ .. . 03.12 No.01PE6130638 — Qualified In Suffolk Count _ Commission Expires July 1 O-' • • featt jali Town of Southold - Chapter 236 - Stormwater Management '+�✓r� CONTRACTOR CERTIFICATION STATEMENT Prior to the commencement of construction activity,the owner or operator must Identify ALL contractor(*)and sub-contractor(s)that will be responsible for Installing,constructing,repairing,replacing,inspecting and maintaining the erosion and sedknent control practices Included in the SWPPP;and the contractor(s)and sub-contractor(s)that will be responsible for constructing the post-construction stormwater management practices Included In the SWPPP. The owner and/or operator shall have each of the contractors and/or subcontractors Identify at least one person from their company that will be responsible for Implementation of the SWPPP.This person shall be known as the trained contractor.The owner and/or operator shall ensure that at least one trained contractor is on site on a daily basis when soil disturbance activities are being performed. The owner and/or operator shall have each of the contractors and subcontractors identified above sign a copy of the following certification statement below before they commence any construction activity: CERTIFICATION "I hereby certify that I understand and agree to comply with the toms and conditions of the SWPPP and agree to Implement any corrective actions Identified by the qualified Inspector during a site inspection.I also understand that the owner or operator must comply with the terms and conditions of the most current version of the New York State Pollutant Discharge Elimination System("SPDES1 general permit for stornwater discharges front construction activities and that It Is unlawful for any person to cause or contribute to a violation of water quality standards.Furthermore,I understand that certifying false,incorrect or Inaccurate information is a violation of the referenced permit and the laws of the State of New York and could subject me to criminal,civil and/or administrative proceedings. Jay& Susan Brown owner August 6, 2013 "ren me Ooh In addition to providing the certification statement above,this page must also Identify the specific elements of the SWPPP that each contractor and/or sub-contractor will be responsible for. Specific SWPPP Element drainage for building permit (Phew MauIM Hen) NAME and TITLE of the Trained Contractor(*) responsible for SWPPP Implementation; 7111r. Oats NAME,address and telephone number of the Contracting Firm; Property Address and Suffolk County Tax Map Number of the site; S.C.T.M.e: 136-1-53.3 -� obe+a Section eros, ...-.... .- -----. The owner and/or operator shall attach All certification statements)to the copy of the SWPPP that is maintained at the construction site.If new or additional contractors are hired to implement measures Identified In the SWPPP after construction has commenced,they must also sign the certification statement and provide the information listed above. For projects where the Department of Environmental Conservation requests a copy of the SWPPP or Inspection reports,the owner and/or operator shall submit the documents in both electronic(PDF only)and paper format within five(5)business days,unless otherwise notified by the Department. SWPPP Certification Statement FOR* 03-12 41 • Town of Southold LWRP CONSISTENCY ASSESSMENT FORM L A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This • assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitpli,,tion Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon time coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail. listing both supporting and non- sunvortlna facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's i. 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 RECEIVE D SCl'M# 136-1-53.3_ _ AUG 1 6 2013 PROJECT NAME : . , , .-u. .n and construction of new house a uthoid Town The Application has been submitted to(check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees ❑x 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g.capital ❑ construction,planning activity,agency regulation,land transaction) ❑ (b) Financial assistance(e.g. grant,loan,subsidy) (c) Permit,approval,license,certification: ❑ Nature and extent of action: demolition of existing house and construction of new house landward of the existing house, neW sankary system, ywells &gullets, nun-tiulf buffer between letaininy wall and wetlands, all in accordance with ZBA variance#6652 aproved 7-25-13 ever S PROJECT DESCRIPTION Demolish existing house located 10' from retaining wall and 63.1 from wetlands edge and construct new house @45.3 and 35.7 from retaining wall, 105.8' and 88.8' from edge of wetlands, with 22% lot coverage, all in accordance with ZBA decision approving variances. New house being 65' x 25' with 10' covered porch, attached storage area in the front yard, and front covered porch. New sanitary system in front yard, if required, land seaward of retaining wall will have non-turf buffer and drywells in accordance with Town Code 236. Haybales along retaining wall during construction. SEC [ _➢ E AUG 1 9 2013 J sot :.:r. • j41, Location of action: 170 Oak Street Cutchogue Site acreage: 11,529 su.ft. Present land use: existing residence to be demolished Present zoning classification: r-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: James & Susan Brown (b) Mailing address: 22 Sherwood Lane Stormville, NY 12582 (c) Telephone number:Area Code( ) (845) 729-5104 (d) Application number,if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes El No❑x If yes, which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation • criteria. Ekes 5 No ❑ Not Applicable proposed new dwelling is more conforming than original house. Setbacks to wetlands increased to 45.3 to retaining wall and 60.8 to wetlands 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 111 Not Applicable • • Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria ❑ Yes ❑ No x❑ Not Applicable 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 0 Yes ❑ No ❑ Not Applicable increase distance to wetlands and compliance with FEMA will minimive loss of life and property Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria • ❑ Yes ❑ No E]Not Applicable 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. 0 ❑ 111 • Yes No Not Appltcable i the property is nonconforming and improved with a year round dwelling. The house will be demolished and new house conforming to State Coda, FtMA and greater setbacks. 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. I. ❑ Yes ❑ No Q Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No 0 Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III-Policies; Pages 38 through 46 for evaluation criteria. ❑ YeA--I No® Not Applicable Attach additional sheets if necessary • WORKING COAST FOLIC" Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III Policies; Pages 47 through 56 for evaluation criteria. Q Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters.See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. 0 Yes ❑ No Not Applicable new construction is more than 100 feet from wetlands Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III —Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No C Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. 1 l 1 Yes ❑ No Q Not Applicable PREPARED By Patricia C. Moore TITLE AGENT DATE 8-6-13 REVISIONS: ECHOS REVISED 09/06/2013 9ECEIJVEDAUG 162013 _ Southold Town Board of bottles EDGE OF • WETLANDS 150' RAD APPROVED BY NO WELLS \ MHWM BOARD OF TRUSTEES \ `\ TOWN OF SOUTHOLD SEPTIC SYSTEM: \ DATE - qeAmon ST SEPTIC TANK 1000 GAL. MHWM AS PER FILE MAP lij.<. _._,.. LP 1 LEACHING POOL 81dia. 2' DEEP / LP 2 LEACHING POOL 8'dia. 2' DEEP LP 3 LEACHING POOL 8'dia. 2' DEEP FLOODZONEI \\ Z / LP 4 LEACHING POOL 8'dia. 2' DEEP DWELLING ._, PUBLIC WATER I �. °` s \ LP S LEACHING POOL B'dia. 2' DEEP EL 1 �, EL 8' w I AA 06( i S 72°31'30,1 E 221 .19 EL.9.T / °p°° 44 2O X ZONE °' E "' EL 6' EL / / 12' III m.2904' i DW (EL. 7) it's, Q a' EXISTING l „i1'-.., / Er, PROP. I euMPour HOUSE '' / ` i rn 6.7' EX.FIN.FL.11.0' '�P TEST HOLE4.I 45.3' �. 60.8' , x 4) U1 EL.10.5' - I '' r - (RETAINING WALL a,, H ETLANDS) ° Q /-' O .. •.... ' MIN. _ I - _ I ;,Yi'� PROPOSED D9sTNCy EXISTING ' 1, 4 / AN /11;%\\ 1 EP coveaeD ;. I--surdggoO�1N DECK I I' L ON TURF S 0 4. 0 P ' 0 0 ae.• w PORCH ry10 RL'-fv(OVEJ I (I'O REMOVE) �� /� ` Y I i� I 4. t,,0 BUFFER / / .'a. .'m. .'o, .b1. ,'e'o .°a'.1.'t�. LP�� /� LP - STORAGE PROPOSED NEW i / a4+, �,Q' �J4 ' O 1Q sue EL.B.a' 2 STY- FRAMED HIOUSE - I i , r � / , .;�' FIN. FL.13.5' I AWIETtA 'o: 'od °a:�'a: .'o:�'a:�+a.: ei ' .EH�H I \ i DWL) nab'' � � "'.'li)'1 ..l I�� / , EL. 12' ? : '61 ^' -#ETLANDS) /"` "" LL / EUGEN ESS 2 80' _A _W 5' MIN. - -W - - 5.0' ?. L.112 \:, ' \\` \ W \d \ \ , \.\,\\ t\\ �\\\` N. 1' \>�L` 4 \: .,: <0.`: \ i \\\ , P,X \ � .� � \ i' \ \:\ '\\\ \ Cn 0 :\ \,:; \: . \ ,\ �ry t `� . \ \� . . �,}. ,r, CREEK � :�. I ,\ ' .\�' `,.\ ;�i� \' i . \ \ ' " \ ' .\ ) \ . ♦:',' ', ,'',k‘'‘ ''‘::' ''''-‘'‘: VS:':''' \ \ \ \ ��\ ` \\\\ \ \� \ \ . \:` Imo. us \'' \ v \ \\\ ` \ J \ :,, •VLOUSI`� ' ' ' � \\: \ , . \J; ‘>:Y ;\ '` �t � ) \ �,.7\� \, •\\. ; \ . ` J' Et t C7 ,•,,...\: ,,,,:;.::: ::; ',.; ,:::-; \ \ . `,.: ; \ � \ ,� ��� c � MHWM AS PER WATER LINE TO BE INSIDE LARGER DIAMETER / FILE MAP i PIPE WITHIN 10 FEET OF SEPTIC SYSTEM AS PERDWELLING / MFLOOD ZONE o H MHWM U SCHDS NEW WATER LINE TO BE RUN: 1" DIA. WELL HAS BEEN ABONDONED „ LIN / O o O WATER LINE TO BE INSERTED IN TO 2" DIA. RESIDENCE CONNECTED TO SITE PLAN ti PVC, 100psi CONTINUOUS PIPE WITH NO RP 10'WIDE PROPOSED EASEMENT 10' WIDE PROPOSED EASEMENT PUBLIC WATER 10' WIDE PROPOSEp EASF.ME AREA: 1962.5 SQ. FT. BREAK-OFF CONNECTIONS! SANITARY LINE AREA: 1962.5 SQ. FT. AREA: 1962.5 SQ. FT. SCALE: 1" = 10'-0' MUST BE DR-18 AND MUST BE 10' IN EITHER DIRECTION OF CROSSING. EDGE OF WETLANDS r-i0 co a o � wte SCTM N o. 1000-13 6-01 -5 3 . 3 % Ln ci LOCATION: AREA: LOT COVERAGE: IN M CU AREA TO MHWM AS PER FILEID MAP: 11,529 SQ. FT. 0.26 ACRES 4 EL. 10.5'_ _ _ _ _ _ AREA TO MHWM, SEPT. 14, 2000 8,102 SQ. FT. 0.19 ACRES DARK BROWN LOAM OL - - - p BUILDABLE AREA: 6,739 SQ. FT. 0.15 ACRES C✓ BROWN SILTY SAND SM - - - 31 BUILDABLE: OC d iM PALE BROWN FINE ° E. TO MED. SAND SP MEETS AND BOUNDS BY: PROPOSED HOUSE (TOTAL): 1284.4 SQ. FT. 19.1 /° E. PRCONIC SURVEYORS, JOHN T. METZGER LIC. No. 49618, DATED: JULY 5,2007 PROPOSED ENTRY PORCH: 30.0 SQ. FT. 0.4% U _ _ - - - _ 9.8' IL)COVERED PORCH: 169.7 SQ. FT. 2.5% � rn TOTAL 1484.1 SQ. FT. 22.0% • g `- r WATER IN PALE BROWN p �!!' FINE TO MED. SAND SP \\� '• 'I - - - - 17' DRAWN. MH/MS WATER ENCOUNTERED 9.8' scaLE: 1/4"=1-o" \ -1 JOB k BELOW SURFACE (EL. 0.7') JULY 3,2013 SHEET NUMBER: TEST HOLE DATA McDONALD GEOSCIENCE 02/06/2013