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HomeMy WebLinkAboutTR-8335John M. Bredemeyer III, President Michael J. Domino, Vice -President James F. King, Trustee Dave Bergen, Trustee Charles J. Sanders, Trustee BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 CERTIFICATE OF COMPLIANCE Telephone (631) 765-1892 Fax (631) 765-6641 # 1075C S Date: December 4, 2014 THIS CERTIFIES that the demolition of existing fire -damaged dwelling and decking; construction of new ±1,440 sq.ft. dwelling with 1290 sq_ft front entry and porch; 1590 sq -ft. rear decking with a 164sg ft hot tub; new sanitary system with 1300 cy. of fill At 1100 Dean Drive Cutchogue, New York Suffolk County Tax Map # 116-5-13 Conforms to the application for a Trustees Permit heretofore filed in this office Dated July 16, 2013 pursuant to which Trustees Wetland Permit #8335 Dated November 13, 2013, was issued and conforms to all of the requirements and conditions of the a-pplicable provisions of law. The project for which this certificate is being issued is for the demolition of existing fire -damaged dwelling and decking-, construction of new 11,440 sq.ft. dwelling with 1290 sq ft front entry and.porch• 1590 sq ft. rear decking with a 164sq.ft. hot tub; new sanitalysystem with ±300 cy. of fill. The certificate is issued to DONALD MCCALLION owner of the aforesaid property. Authorized Signature John M. Bredemeyer 111, President Michael J. Domino, Vice -President James F. King Dave Bergen Charles J. Sanders ��O��guFFOL�c y G 0 CIO y�ol BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DATE OF INSPECTION: t lei Ch. 275 Ch. III INSPECTION SCHEDULE Pre -construction, hay bale linelsilt boomisilt curtain 1" day of construction %2 constructed Project complete, compliance inspection. INSPECTED BY: ,n, COMMENTS: CERTIFICATE OF COMPLIANCE: Town Hall, 53095 Main Rd- P.O. dP.O. Box l 179 Southold, NY 11971 Telephone(631) 765-1892 Fax (631) 765-6641 BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Ken Schneider October 21, 2013 so http://southoldtown.northfork.net Southold Town Hall 53095 Main Road* P.O. Box 1179 Southold, NY 11971-0959 -Qf Fi4e Lccatio-U: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOU'I HOLD Tel. (631) 765-1809 - Fax (631) 765-9064 Bruce Anderson Suffolk Environmental Consulting P.O. Box 2003 Bridgehampton, NY 11932 RE: ZBA Application #6686 - McCallion Dear Mr. Anderson: OCT 2 4 2013 Ku Transmitted for your records is a copy of the Board's October 17, 2013 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Sincerely, vc- Vicki Toth Encl. Cc: Building Dept. http://southoldtown.northfork.net Southold Town Hall 53095 Main Road* P.O. Box 1179 Southold, NY 11971-0959 -Qf Fi4e Lccatio-U: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOU'I HOLD Tel. (631) 765-1809 - Fax (631) 765-9064 Bruce Anderson Suffolk Environmental Consulting P.O. Box 2003 Bridgehampton, NY 11932 RE: ZBA Application #6686 - McCallion Dear Mr. Anderson: OCT 2 4 2013 Ku Transmitted for your records is a copy of the Board's October 17, 2013 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Sincerely, vc- Vicki Toth Encl. Cc: Building Dept. :/\P BOARD MEMBERS . Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Ken Schneider o��OF SOUryo � O y�4UNTV,N http://southoldtown.northfork.net Southold Town Hall 53095 Main Road - P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 - Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION ZBA FILE: 6686 MEETING OF OCTOBER 17, 2013 NAME OF APPLICANT: Donald J. McCallion S.C.T.M. # 1000-116-5-13 PROPERTY LOCATION: 1.100 Dean Drive (aka Beachwood Road) (adj. to Great Peconic Bay) Cutchogue, NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated September 11, 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 September 23, 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 CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The property is a non -conforming 22,201 square feet and has 12,083 square feet of buildable area, it is located in the R40 zone district. On the property is -an existing Garage which has a lot area of 331 square feet. There is an additional structure on the existing property'which has been severely damaged by fire. It.has 50.00 feet of frontage on Dean Drive, 293.21 feet on the eastern .property line, 116.70 feet on the Great Peconic Bay and 342.62 feet on the west property line. All is shown on a survey prepared by John T. Metzger L.L.S. dated April 24, 2013 and last revised August 27, 2013. BASIS OF APPLICATION: Request for Variances from Article XXHI Section 280-124 and the building inspector's August 20, 2013 Notice of Disapproval based on an application for building permit for demolition and reconstruction of a new single family dwelling at; 1) less than.the code required minimum side yard setback of 15 feet, 2).less than the total combined side yards of 35 feet, 3) more than the maximum code permitted lot coverage of 20%. RELIEF REQUESTED: The applicant requests variances to demolish and construct a new single family dwelling, on this non -conforming 22,201 square foot lot (12,083 buildable land) in the Residential R-40 district, with a minimum side yard request of 12.9 feet where the code requires a minimum of 15 feet, a total combined side yard Page 2 of 3 October 17, 2013 ZBA#6686 — McCallion SCTM#1000-116-5-13 of 26 feet, where the code requires a total side yard of 35 feet and a lot coverage of 23% where the code permits a maximum lot coverage of 20%. ADDITIONAL INFORMATION: During the hearing a photograph of an old survey of the applicant's property dated August 30, 1971 was presented. The old survey showed that the lot area of the property back in 1971 was 17,800 square feet. 'The most recent survey of the property shows that the lot area of the property is 22,201 square feet. Testimony was taken that the size of the property increased between 1971 and 2013 because Suffolk County dredged Down Creek twice and both times dumped the spoils from the dredging in front of the applicant's as well as the applicant's neighbors' properties. On January 2, 1969, this property was granted a variance, under file #1228 to reduce frontage and area. The agent submitted a copy of the NYSDEC approval and similar variances granted in the area. Additionally, five letters of support where received from neighbors. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on October 3, 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 4267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or -a detriment to nearby properties. The neighborhood around the subject property contains many similarly sized houses, some significantly larger than the proposed , structure which are placed on parcels similar in size to the applicant's property. The Zoning Board has approved similar variances four times (ZBA file No's 5489; 5711; 5984; and 6585). 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 an area variance because the over coverage of the lot is a direct result of the significant restrictions placed on the property by the definition of "buildable land." While the property is roughly 22,201 square feet, only 12,083 square feet of that is "buildable land", thereby significantly restricting the size of the house on the lot below what the actual size of the lot would allow. The side yard setback variances are needed because the lot narrows precipitously upon reaching the "buildable land" section of the property. 3. Town Law 4267-b(3)(b)(3). The variances granted for the excess lot coverage herein is not mathematically substantial, representing 12% relief from the code. The variance granted for the minimum side yard setback is not substantial and represents a 14% relief from the code. The variance granted for the total side, yard setback is substantial and represents a 26% relief from the code. However, the lot is an odd shape and its lcation bordering the Great Peconia Bay limits the buildable lot area as well as the location where a structure may be built. 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 4267-b(3)(b)(5). The difficulty for the relief of the lot coverage limitation has been self-created. However, the difficulty of the relief requested from minimum side yard setback and total side yard setback has not been self-created. The applicant purchased the parcel in 1973 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 pior to or at the time of purchase. However, dredging by Suffolk County increased the size of the parcel, iafter the applicant purchased it,, therefore increasing the side yard setbacks required by code. 6. Town Law 4267-b. Grant of requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new waterfront home while preserving and protecting the character of the neighborhood and! the health, safety and welfare of the community. I Page 3 of 3 October 17, 2013 ZBA#6686 — McCallion SCTM#1000-116-5-13 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 Dantes, seconded by Member Schneider, and duly carried, to GRANT, the variances as applied for, and shown on the Architectural drawings by Suter and Suter Architects labeled Al through A5 dated August 22, 2013 and the survey prepared .by John T. Metzger L.L.S, dated April 24, 2013 and last updated August 27, 2013. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit; and may require anew application and public hearing before the Zoning Board of Appeals. Any deviation from the variances) granted herein as shown on the architectural drawings, site plan andlor survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application .when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves -the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Horning, Dantes. (Absent was: Member Goehringer) This Resolution was duly adopted (4-0). Leslie Kane Weisman, Chairperson Approved for filing /0/ 41 /2013 0 0 James F. King, President Town Hall, 53095 Main Rd. Bob Ghosio, Jr., Vice -President ti�Q� �O�y P.O. Box 1 l79 Dave Bergen John Bredemeyer W may, Southold, NY 11971 Telephone (631) 765-1892 Michael J. Domino 1 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE -CONSTRUCTION- INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre -construction, hay bale line tst day of construction _ % constructed. Project complete, compliance inspection BOARD OF SOUTHOLD TOWN TRUSTEES SOUTAOLD, NEW YORK PERMIT NO. 8335 DATE: NOVEMBER 13, 2013 ISSUED TO: DONALD MCCALLION PROPERTY ADDRESS: 1100 DEAN DRIVE. CUTCHOGUEI f SCTM# 116-5-13 Alb 'fffibAliATRi)N „• , P9FspuAEttw prR g4Nftir¢3pSy42.7�}Qfg Town Code of the Town of Southold agOn accordance with the Resolution of the Board of Trustees adoptfd,at the jneGEjrig held,00 N2 E n3.2013, and in consideration of application fee in the sum of $250.00 paid by Donald1. McCall ion and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the fo'I'1owing.,r _ .,,< Vii. i Jiii r... ... •, .. _ Vi''. . t1TG• l l iY.t ".�Ii t' } - Wetland Permit to demotsli extshng fire tfimaged' dwelling aad°d'ecki6g, and construct new, p. I -o )ec1 #/ ]�44 yfft, t wee j J tf +�-2�gsq.It, front entry a4# porch;; +/-5"sq.ft. rear decking with a +/-64sq.ft. hot tub; and new sanitary system lvj«h approximately 300 cubic yards of fill; with the condition a line of staked hay bales and silttfeacing be installed at the 6' ttour line and in accordance with Chapter 236 of the Town Code- Stormwater Management; and -as depicted:onithe survey prepared by John T. Metzger, Land Surveyor, last dated on July 11, 2013 and stamp approved on Ndvelmibor%13,21113: a�;. ,,,,.,r. Al r a IN WIT14SSWHER'E(*Ahe said,Bdatd of Trustees hereby causes its Corporate teal'to be affixed, and these' pteibdts'to hesubseribed by a n{ajovity of the said Board asof this date:: N TERMS AND CONDTTIONS'' The Permittee, Donald McCallion, residin`g=at 1 109 Dean Drive Cutchogue New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees'and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. 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 paid rd at ullafer 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 originatly 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 P?rltit by resolution of the said Board. 'f... NIL fi 2 .: t. ')', "110 5 '' i That th'dre will be no unrea3onablei imeiti'et�hce Ah navigation as a result of the work iterehi a4thorized.'' . • lix 6. That there shall be no interference with the right of the public to pass and repass along the beach ebetween high and low water marks. , 7. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation„ the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. 8. That the aid Board Will be notified by the Permittee of the completion of the work authorized. 9. That the Permittee will obtain all other permits and consen&that ink be�required supplemental 'to this permit, which may be subject to revoke upon failure to obtain same. i E James F. King, President Bob Ghosio, Jr., Vice -President Dave Bergen John Bredemeyer Michael J. Domino November 13, 2013 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Bruce Anderson Suffolk Environmental Consulting, Inc. PO Box 2003 Bridgehampton, NY 11932 RE: DONALD MCCALLION 1100 DEAN DRIVE, CUTCHOGUE SCTM# 116-5-13 Dear Mr. Anderson: i. Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax(631)765-6641 The Board of Town Trustees took the following action during its regular meeting held on Wednesday, November 13, 2013 regarding the above matter: WHEREAS, Suffolk Environmental Consulting, Inc. on behalf of DONALD MCCALLION 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 July 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 November 13, 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, 0 0 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 DONALD MCCALLION to demolish existing fire damaged dwelling and decking, and construct new proposed +/-1,440sq.ft. dwelling with +/-290sq.ft. front entry and porch; +/-590sq.ft. rear decking with a +/-64sq.ft. hot tub; and new sanitary system with approximately 300 cubic yards of fill; with the condition a line of staked hay bales and silt fencing be installed at the 6' contour line and in accordance with Chapter 236 of the Town Code- Stormwater Management; and as depicted on the surrey prepared by John T. Metzger, Land Surveyor, last dated on July 11, 2013 and stamp approved on November 13, 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: $0.00 Very truly yours, James F. King President, Board of Trustees JFK/amn rd 11 James F. King, President Bob Ghosio, Jr., Vice -President Dave Bergen John Bredemeyer Michael J. Domino 10 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD To: Southold Town Building Department Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Re: Verification of Building Department Permit Requirements SCTM#: 116 - 5 ' / 3 Property Owner Name:_a�vn,:xjd M c-CCk(I;y^ Date Sent to Bldg. Dept.: Telephone (631) 765-1592 Fax(631)765-6641 R EMWE D JUL 2 42013 BLDG. DEPT. TOWN OF SOUTHOLD The Office of the Board of Trustees is forwarding the above referenced application for verification of the Building Department's permitting requirements stated below: YES / NO Will the proposed project require a Building Permit? Will the proposed project require a variance determination from the Zoning Board of Appeals? Will any part of this application be considered as Demolition as described under Town Code? COMMENTS:, Signature of Reviewer i�.11rr0 -711-cer // .. 0 James F. King, President Bob Ghosio, Jr., Vice -President Dave Bergen John Bredemeyer t4*1a Michael J. Domino t'.O Southold Town Board of Trustees P.O. Box 1179 Southold, NY 11971 Telephone (631 765-1892 Fax(631)765-6641 Field InspectionMork Session Report Date/Time: 1 61 l Suffolk Environmental Consulting on behalf of DONALD WCALLION requests a Wetland Permit to demolish existing fire damaged dwelling and decking, and construct new proposed +/-1,440sq.ft. dwelling with +/-290sq.ft. front entry and porch; +/-590sq.ft. rear decking with a +/-64sq.ft. hot tub; and new sanitary system with approximately 300 cubic yards of fill. Located: 1100 Dean Drive, Cutchogue. SCTM# 116-5-13 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: W Modifications: A�j S ;& 1'd, L /"I C /I Co o r Conditions: Present Were: J. Kin _�. Ghosio /D. Bergen, �J. Bredemeyer Michael Domino D. Dzenkowski other Form filled out in the field by Mailed/Faxed to: Date: McCALLION Property Situate: 1100 Dean Drive; Cutchogue, New York SCTM #: 1000 — 116 — w — 01 s (Photo taken on July 12, 2013) Photograph indicating the staked out location of the proposed Sanitary System within the northern half of the property, and the existing fire -damaged Single Family in the background. Photograph taken from the northern section of the property, facing south towards Great Peconic Bay. y� J z 4 " Ow fit) f 41U4�) i� , r • X � t �il[ I '9i Y F C46, u� McCALLION Property Situate: 1100 Dean Drive; Cutchogue, New York SCTM #: 1000 — 116 — w — ois (Photo taken on July 12, 2013 Photograph indicating the staked out location of the proposed Decking within the central section of the property. Photograph taken from the western -central section of the property, facing east towards the adjacent property to the east (n/o/f Suter Qualified Personal Reisdence Trust I & II). McCALLION Property Situate: 1100 Dean Drive; Cutchogue, New York SCTM #: 1000 — 116 — 05 — 018 (Photo taken on July 12, 2013) Photograph indicating the staked out location of the proposed Decking within the central section of the property. Photograph taken from the central section of the property, facing north, towards Dean Drive. McCALLION Property Situate: 1100 Dean Drive; Cutchogue, New York SCTM #: l000 - 116 - w - om (Photo taken on July 12, 2013 Photograph indicating the staked out location of the proposed Deck Steps within the central section of the property. Photograph taken from the central section of the property, facing north, towards Dean Drive. McCALLION Property Situate: 1100 Dean Drive; Cutchogue, New York SCTM #: 1000 — 116 — os — ols (Photo taken on July 12, 2013 Photograph indicating the landward limit of the tidal wetlands boundary along the shoreline. Photograph taken from the southern edge of the property, facing south, overlooking Great Peconic Bay. McCALLION Property Situate: 1100 Dean Drive; Cutchogue, New York SCTM #: l000 - 116 - w - o13 SUBJECT Reran sme, 8.1h ear cdh PROPERTY PKDnk ]S $M1O,Pa SM1eI[er rrm bl i,�nea ru Sountl NON, H-., CutcM1eque S,nion (itNe fit' y wau.vale ➢eaonia Noynck Boy .°. Cutchoque snj.vu,bo. Boy aq New Sunalkej' Sag Harbor Noyack wa.eo, a w<e w,v„e Laurel 7F q �4:16 sawa o,.b..n munry reo^q a 'iii4i,e P.;l d )9 t rs; Rose Grove 8 t a � lamesport Riverhead se� e mvcW Great Peconi[ SOY %, South lames ao,t "�',.'^' 'O,o IImtknole Bridgehamp[on *,, North Sea a g fgg J „kQk CP.n at HfMt FIO[,dLR B% i K H flandem SmthpOn r R.x 3 m,R hle�e 8 145 i lu<xalce hktov Bq� 63 s u m o cr a° Wrin��k Hill, Long Island SUBJECT Newsoffo PROPERTY k ate 0 or ce¢ New Suffolk Ave Q f Oa G 00 a oho � n 6eE�y5 Si Ts,eron pr Deep Hole Creel Pagko Park Pre EPs G r e a t P e c o n i c B a y 1�3".1 Y \ �. A.• 1 ! � t ' } # < his r t,4,a, r loge Y j 11 Al ii —1. Id McCallion Dean Drive, 116-5-13 1 BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Ken Schneider October 21, 2013 q`ypf Soupyl http:/Isoutholdtown.northfork.net 0 Southold Town Hall .53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 MJAi Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 Bruce Anderson Suffolk Environmental Consulting P.O. Box 2003 Bridgehampton, NY 11932 RE: ZBA Application 96686 - McCallion Dear Mr. Anderson: Transmitted for your records is a copy of the Board's October 17, 2013 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Sincerely, Vicki Toth Encl. Ce: Building Dept. BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Homing Ken Schneider pF SO(/r�o� N r �l'�t^OIIAITV _n"� http://southoldtown.northfork.net 0 Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION ZBA FILE: 6686 MEETING OF OCTOBER 17, 2013 NAME OF APPLICANT: Donald J. McCallion S.C.T.M. # 1000-116-5-13 PROPERTY LOCATION: 1100 Dean Drive (aka Beachwood Road) (adj. to Great Peconic Bay) Cutchogue, NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated September 11, 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 September 23, 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 CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION• The property is a non -conforming 22,201 square feet and has 12,083 square feet of buildable area, it is located in the R40 zone district. On the property is an existing Garage which has a lot area of 331 square feet. There is an additional structure on the existing property which has been severely damaged by fire. It has 50.00 feet of frontage on Dean Drive, 293.21 feet on the eastern property line, 116.70 feet on the Great Peconic Bay and 342.62 feet on the west property line. All is shown on a survey prepared by John T. Metzger L.L.S. dated April 24, 2013 and last revised August 27, 2013. BASIS OF APPLICATION: Request for Variances from Article XXIII Section 280-124 and the building inspector's August 20, 2013 Notice of Disapproval based on an application for building permit for demolition and reconstruction of a new single family dwelling at; 1) less than the code required minimum side yard setback of 15 feet, 2) less than the total combined side yards of 35 feet, 3) more than the maximum code permitted lot coverage of 20%. RELIEF REQUESTED: The applicant requests variances to demolish and construct a new single family dwelling, on this non -conforming 22,201 square foot lot (12,083 buildable land) in the Residential R40 district, with a minimum side yard request of 12.9 feet where the code requires a minimum of 15 feet, a total combined side yard Page 2 of 3 October 17, 2013 • • ZBA#6686 — McCallion SCTM#1000-116-513 of 26 feet, where the code requires a total side yard of 35 feet and a lot coverage of 23% where the code permits a maximum lot coverage of 20%. ADDITIONAL INFORMATION: During the hearing a photograph of an old survey of the applicant's property dated August 30, 1971 was presented. The old survey showed that the lot area of the property back in 1971 was 17,800 square feet. The most recent survey of the property shows that the lot area of the property is 22,201 square feet. Testimony was taken that the size of the property increased between 1971 and 2013 because Suffolk County dredged Down Creek twice and both times dumped the spoils from the dredging in front of the applicant's as well as the applicant's neighbors' properties. On January 2, 1969, this property was granted a variance under file #1228 to reduce frontage and area. The agent submitted a copy of the NYSDEC approval and similar variances granted in the area. Additionally, five letters of support where received from neighbors. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on October 3, 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 4267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood around the subject property contains many similarly sized houses, some significantly larger than the proposed structure which are placed on parcels similar in size to the applicant's property. The Zoning Board has approved similar variances four times (ZBA file No's 5489; 5711; 5984; and 6585). 2. Town Law &267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance because the over coverage of the lot is a direct result of the significant restrictions placed on the property by the definition of "buildable land." While the property is roughly 22,201 square feet, only 12,083 square feet of that is "buildable land", thereby significantly restricting the size of the house on the lot below what the actual size of the lot would allow. The side yard setback variances are needed because the lot narrows precipitously upon reaching the "buildable land" section of the property. 3. Town Law 4267-b(3)(b)(3). The variances granted for the excess lot coverage herein is not mathematically substantial, representing 12% relief from the code. The variance granted for the minimum side yard setback is not substantial and represents a 14% relief from the code. The variance granted for the total side yard setback is substantial and represents a 26% relief from the code. However, the lot is an odd shape and its location bordering the Great Peconic Bay limits the buildable lot area as well as the location where a structure may be built. 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 4267-b(3)(b)(5). The difficulty for the relief of the lot coverage limitation has been self-created. However, the difficulty of the relief requested from minimum side yard setback and total side yard setback has not been self-created. The applicant purchased the parcel in 1973 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. However, dredging by Suffolk County increased the size of the parcel, after the applicant purchased it, therefore increasing the side yard setbacks required by code. 6. Town Law &267-b. Grant of requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new waterfront home while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 3 of 3 October 17, 2013 • ZBA#6686—McCallion SCTM#1000-116-5-13 RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Dantes, seconded by Member Schneider, and duly carried, to GRANT, the variances as applied for, and shown on the Architectural drawings by Suter and Suter Architects labeled Al through A5 dated August 22, 2013 and the survey prepared by John T. Metzger L.L.S. dated April 24, 2013 and last updated August 27, 2013. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board- Ayes: Members Weisman (Chairperson), Schneider, Horning, Dantes. (Absent was: Member Goehringer) This Resolution was duly adopted (4-0). *ze Leslie Kanek Weisman, Chairperson Approved for filing /D/ d/ /2013 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: November 6, 2013 Re: LWRP Coastal Consistency Review for DONALD McCALLION SCTM# 116-5-13 Suffolk Environmental Consulting on behalf of DONALD McCALLION requests a Wetland Permit to demolish existing fire damaged dwelling and decking, and construct new proposed +/-1,440sq.ft. dwelling with +/-290sq.ft. front entry and porch; +/-590sq.ft. rear decking with a +/-64sq.ft. hot tub; and new sanitary system with approximately 300 cubic yards of fill. Located: 1100 Dean Drive, Cutchogue. SCTM# 116-5-13 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. Due to parcel size and configuration, there is no ability to relocate the structure outside of the FEMA AE EI 6' flood zone. 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 Peter Young, Chairman Lauren Standish, Secretary 0 Conservation Advisory Council Town of Southold Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 At the meeting of the Southold Town Conservation Advisory Council held Wed., November 6, 2013 the following recommendation was made: Moved by John Stein, seconded by William McDermott, it was RESOLVED to SUPPORT the application of DONALD McCALLION to replace the existing dwelling and decking lost to fire with a proposed reconstructed dwelling, front entry and porch, decking, hot tub, new sanitary system and 300 cy. of fill. Located: 1100 Dean Dr., Cutchogue. SCTM#116-5-13 Inspected by: John Stein, William McDermott The CAC Supports the application using best management practices for the stairs. Vote of Council: Ayes: All Motion Carried N • AREA BUILDABLE LAN& = 12,083 sq.11. LOT COVERAGE HOUSE - 1556 sq.11. DECKS, HOT TUB d GARAGE 341 eµ11• 2744 JO fJ 2744/12083 " 22.7% Sij�,0 C -AV \ I RECEIVED AUG 27 2013 LOT AREA = 22,2.01 sq.ft.l BOARD OF Sar S Ret No. RIO - 13 -0049 TER) I(O,�LUNG WITM pUBUC WA (VACANT) / D HC OO♦D ROO, 5.3 `8STREET) El- 5.1• TER iH (PUBLIC WA 1 r r,0 p0, N79�2,0� TER 0 0.7E EL. .. ' .�'DQ-E / a N7s50.00 Ap SURVEY OF PROPERTY AT CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-116-05-13 SCALE. 1'=30' APRIL 24, 2013 MAY 8, 2013 (LOC. DECK POST) MAY 21, 2013 (LOC. DECK COLUMNS do ADJ. HOUSES) JULY 9 2013 JULY Ii 2013 JULY '2 2013 (C CTION d REVISION) v � AUG. 12, 2013 (revls/oy O AUG. 27, 20iS (revisions) C14 z NO DUNE EXISTS ON PREMISES AS PER SUFFOLK ENVIRONMENTAL CONSUCTINB, INC. v w COVERAGE OF DEVELOPABLE AREA •19.4% C INCLUDING AREA TO EDGE OF GRASS W n t D 300 au.yds J REOURED " n RAW RUNOFF CONTAINMENT GARAGE 331 sot. 331 • I r OJ7 + 56.3 ewfl. PROVIDE I DRYWELL 641-x.5. deep HOUSE 1556 sq.11. ,gyp 1356. 1 t OJ 7 265 PROVIft 2 DRYWELLS 8'1 ■ 4' deep or equal TEST HOLE DATA BY McDONALD GEOSCIENCE 4/17/13 EL. 5.7'' BROWN LOAN OL --- 0.5 BROWN SILTY SAND SM PALE BROWN FINE SAND SP EL. 1.0' WATER 4.7' WATER IN PALE BROWN FlNE SAND SP 1 t' 9❑r PROP. ELEVATION PROP. CONTOUR NOT0 ALL PROPERTIES WITHIN 150' OF PROPERTY FIRE DAMAGED HOME TO REMOVED LINES ARE HOOKED TO EXISTING CESSPOOL TO BE REMOVED PUBLIC WATER AREA- 22201 SO. FT. . TO TIE LINE FINAL ELEVATIONS REFERENCED TO N.A.V.D. 1988 .%�%m IM 6� ST VS. r N 16.3 6.5W C u GAR p O FE ni OA TUTY 1 O. FE 0.2'EAIG ��gj � afvnc ero m 6; l v L" P u NOTE, SUBSURFACE SEWAGE DISPOSAL SYSTEW DESM BY, JOSEPH FISCHETTI, P.E. 1725 HOBART ROAD SOUTHOLD, N.Y. 11971 4a051-� WN� c;' 14.E FLOOD ZONE FROM FIRM RATE MAP SEE DWOW a. E W I am familiar with the STANDARDS FOR APPROVAL 111 10' E '� A Lr F n z ^OI and will abide by the conditions set forth therein and on the 10 p 9 I TI Z from field observations and or from data obtained from others. ANY ALTERA77ON OR ADDI71ON TO THIS SURVEY IS A WOLA77ON OF SEC77ON 7209 OF THE NEW YORK STATE EDUCATION LAW. fJ6 EXCEPT AS PER SEC77ON 7209—SUBDIVISION 2. ALL CER77FICA77ONS To SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. I V zs• s1'" ST VS. r N 16.3 6.5W C u GAR p O FE ni OA TUTY 1 O. FE 0.2'EAIG ��gj � afvnc ero m 6; l v L" P u NOTE, SUBSURFACE SEWAGE DISPOSAL SYSTEW DESM BY, JOSEPH FISCHETTI, P.E. 1725 HOBART ROAD SOUTHOLD, N.Y. 11971 4a051-� WN� c;' 14.E FLOOD ZONE FROM FIRM RATE MAP SEE DWOW a. MAP NUMBER 36103CO501H SEPTEMBER 25, 2009 0 DATED. W I am familiar with the STANDARDS FOR APPROVAL AND CONSTRUCTION OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCE and will abide by the conditions set forth therein and on the permit to construct. The location of wells cesspools & public water shown hereon are from field observations and or from data obtained from others. ANY ALTERA77ON OR ADDI71ON TO THIS SURVEY IS A WOLA77ON OF SEC77ON 7209 OF THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SEC77ON 7209—SUBDIVISION 2. ALL CER77FICA77ONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. 4%. 9 "PECONIC, MW VEYORS, P.C. (631) 765-5020 FAX (631) 765-1797 P.O. BOX 909 1230 IRA VELER =MONUMENT SOUTHOLD,, N. Y 1 971 STREET 13-155 0 0 Cantrell, Elizabeth From: Cantrell, Elizabeth Sent: Wednesday, July 24, 2013 3:54 PM To: Matt Ivans (mdivans@optonline.net) Subject: Donald McCallion Application Hi Matthew, So that you are aware, the Board of Trustees are tabling the application for the McCallion property (SCTM# 116-5-13) until a variance from the Zoning Board of Appeals has been received by this office. Please do not mail out any notifications to adjacent property owners at this time as this application will not be publicly noticed for August. Once we receive a copy of the ZBA determination we will place the application onto our next available hearing. When you have a chance, please call me. Yesterday began a new application intake process for the Trustees office and I would like to update you. Clerk Typist Town of Southold Board of Trustees 631-765-1892 1 Office Use Only Coastal Erosion Permit Application _Wetland Permit Application Administrative Permit 144- AmendmendTransfer/E tension Received Application: 2LI6 /3 Y. Received Fee: SeR Completed Application: 7 Incomplete: SEQRA Classification: Type I Type II Unlisted_ Coordination(date sent) LWRP Consistency Assn ssme Form: 0;//3 Date of Inspection: Receipt of CAC Repor : Lead Agency Determination Technical Review: _Public Hearing Held: f Rrsnlninn- Name of Applicant DONALD McCALLION Address 9 Pinecone Lane: Southboro, MA 01772 Phone Number: (508) 485 - 1015 Suffolk County Tax Map Number: 1000-116-05-013 Property Location: 1100 Dean Drive: Cutchogue, New York (provide LILCO Pole #, distance to cross streets, and location) AGENT: Matt D. Ivarts 0 Suffolk Environmental Consulting. Inc. (If applicable) Address: P.O. Box 2003: Bridgehampton, NY 11932 Phone: (631) 537 — 5160 Ly- L- 1 i0I Board of Trustees Application GENERAL DATA Land Area (in square feet): 13. 778 square feet ± Area Zoning: R - 40 Previous use of property: Residential Intended use of property: Covenants and Restrictions: Yes X No If "Yes", please provide a copy. Does this project require a variance from the Zoning Board of Appeals Yes X No If "Yes", please provide copy of decision. Will this project require any demolition as per Town Code or as determined by the Building Dept. X Yes No (Due to Extensive Fire Damage) Prior permits/approvals for site improvements: Agency Date N/A 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 sa. ft.. Decking (590 sq. ft.). Hot Tub (64 sq. ft.), new Sanitary ystem and Fill (300 cu. yds. ±), all to be located a minimum of 120.0' ± from the landward edge of tidal wetlands (MHW). Please refer to the attached Survey for all project specifications Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purposes of proposed activity: Applicant proposes to replace the existing Dwelling & Decking lost to fire damage with a proposed reconstructed Dwelling (1, 440 sq. ft. 'footprint'), Front Entry & Porch (290 sq. ft.), Decking (590 sq. ft.). Hot Tub (64 sq. ft.), new Sanitary System and Fill (Soo cu dam), all to be located a minimum of 120.0' ± from the landward edge of tidal wetlands (MHW). Please refer to the attached Survey for all project specifications. Area of wetlands on lot: 0.0 square feet Percent coverage of lot: 0.0 % Closest distance between nearest existing structures and upland edge of wetlands: 0.0'+ feet (existing jetty) Closest distance between nearest proposed structures and upland edge of wetlands: 123.0' ± feet (proposed reconstructed Decking) Does the project involve excavation or filling? No X Yes If Yes, how much material will be excavated? 0.0 ± (cubic yards) How much material will be filled? 300 (cubic yards) Manner in which material will be removed or deposited: Material will be deposited and graded via typical front-end loader and by — hand. 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): No impact to the wetlands are anticipated in that the proposed reconstruction is to take place more than 120' from the landward edge of tidal wetlands boundary, and is to simply replace what has already harmoniously existed hereon (i.e.. single-family dwelling and related appurtenances) for over fifty (50) years. Board of Trustees Application N/A COASTAL EROSION APPLICATION DATA Purposes of proposed activity: Are wetlands present within 100 feet of the proposed activity? No Yes Does the project involve excavation or filling? No Yes If Yes, how much material will be excavated? (cubic yards) How much material will be filled? (cubic yards) Manner in which material will be removed or Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) 0 Suffolk Environmental Consult, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631)537-5160 Bruce Anderson, M.S., President November 12, 2013 Mr. Jim King, Chairman Southold Board of Trustees P.O. Box 1179 Southold, NY 11971 Fax: (631) 537-5291 Re: McCallion Property Situate: 1100 Dean Drive; Cutchogue Southold; New York SCTM#: 1000 - 116-5-13 Dear Mr. King, As you know this Firm represents the owner of the property referenced above who is seeking to improve thereon. As per the hearing requirements of the Southold Board of Trustees I enclose herewith: ➢ Affidavits of Mailing dated November 4, 2013, with certified receipts attached to all abutting property owners. Please be advised that we will forward to you the green receipts cards as we receive them. Should you have any questions concerning this matter, please contact this office at any time. Thank you in advance for your attention and consideration. Sincerely, Diane K. Wassick enc. cc: Mr. McCallion PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: STATE OF NEW YORK COUNTY OF NEW YORK Address: SEE ATTACHED Diane K. Wassick c/o Suffolk Environmental Consulting, Inc., residing at 2322 Main St.: Newman Village Suite E• P.O. Box 2003: Brid eham ton NY 11932 being duly sworn deposes and says that on the day of tiUL��f�— 2013, deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Bridgehampton that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this day of j jjn&4 2013 Nota ublic Mztthpw D Ivans Not. I r " York Iva. Gi�'�„�ac`9 QLalltled in sutlolk County Commission Expires January 22, A 0 • McCallion Property .1100 Dean Drive; Cutchogue, NY 1000-116-5-13 116.-5-14 Suter APRT I Suter APRT II 1150 Dean Dr r,utchogue, NY 11935 116.-5-12 Mears Couse LLC 1 Waltham Way Jackson, NJ 08527 116.-5-8 Robert J Aylward Janet M Golon 530 E 76th St Apt 21AB New York, NY 10021 116.-5-15.1 Beachwood Colony Owns Inc PO Box 1203 Cutchogue, NY 11935 aliwa T37 iti Ie\ I =:i x91= Er ru rq a ajamUm F iV$2. Postage S Er ra carted Fee <0 Retum Reoolpt FeeIO (Endorsement Required) ORestdcletl Delivery Fee(�O (Endorsement Required) rU Total Postage & Fees $ ru ru an To Iq C3 Street, LNo.c N or PO Bax No.- J�._ /)�j__......................._ C7ry Stare, ZIP+4 ror .n M N a :11M1 D" ra O 0 0 0 ru ru ru r-1 O M1 U.S. Postal Service CERTIFIED MAIL- RECEIPT (DomesticMail Onty; No Insurance Coverage Provided) For tlelivery information visit our website at www.nsn� �,.,.. PS For iBOJ Ai Just 9006 i U.S. Postal Servim CERTIFIED MAIL: RECEIPT (Domestic MailOnly; No Insurance Care -rage fhr.Woe�j For delivery information visit our website ;v .•.,;,u PS Form 3800, A upus l 2,0" U.S. Postal Service, CERTIFIED MAIL,, RECEIPT (Domestic Mail Only,,- No Insurance Coverage Provided) For delivery information visit our website a+„+,•; U. S. r tal Service, - CER t IrIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www--pc.rnm. P Ff 111, 60U.? < 1 t.006 S o Reversef U rmn, U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail On/y; No Insurance Coverage Provid For delivery in7ormaPion visit our website of www.usps cern �+ U.S. Postal Service CERTIFIED MAIL . RECEIPT (Domestic Mail Only; No Insurance Coverage For deliffiery information visit our website at www.uc PS Fonn 3800, August 2006 ---- �I-•�� See RPpnrse for PS roam 8d00. August 2006 Insirucflons see Reverse far hisln¢Ilons 0 .lames F. King, President Bob Ghosio, Jr. , Vice -President Dave Bergen John Bredemeyer Michael J. Domino 0 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of DONALD McCALLION COUNTY OF SUFFOLK) STATE OF NEW YORK) Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax(631)765-6641 AFFIDAVIT OF POSTING TO BE COMPLETED AFTER POSTING REMAINS IN PLACE FOR EIGHT DAYS I, j)j4AA..JC. ,mak residing at/dba.GtAll K" �lrh .JA�t�y�4Z/�k�5�:drX&JAIC_ 572:_ being duly sworn, depose and say: That on the 0 day of MtetiA�C_ , 2013, 1 personally posted the property known as by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held Wednesday, November 13, 2013. Dated: (signature) Sworn to before me this 13x1, day ofAAV 2013 N y Public Matthew D. (vans Notary PhhIIC of New York No 01!"6053859 _.6 n -linty Ccs l ?? 20 .47 0 0 617.20 Appendix B Short Environmental Assessment Form Instructions for Comoletine Part 1 - Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1- Project and Sponsor Information Name of Action or Project: MCCALLION Property Project Location (describe, and attach a location map): 1100 Dean Drive, Cutchogue, NY SCTM#: 1000 - 116 - 05 - 13 Brief Description of Proposed Action: Applicant proposes to replace the existing Dwelling & Decking lost to fire damage with a proposed reconstructed Dwelling (1, 440 sq. ft. "footprint"), Front Entry & Porch (290 sq. ft.), Decking (590 sq. ft.), Hot Tub (64 sq. ft.), new Sanitary System and Fill, all to be located a minimum of 120.0'± from the landward edge of tidal wetlands (MHW). Please refer to the attached Survey for all project specifications. Name of Applicant or Sponsor: Telephone: 631 - 537 - 5160 James F. Laird - Suffolk Environmental Consulting, Inc E -Mail: James.F.Laird@gmail.com Address: P.O. Box 2003 City/PO: State: Zip Code: Bridgehampton New York 11932 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that Z El may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 2. Does the proposed action require a permit, approval or funding from any other governmental Agency? NO YES If Yes, list agency(s) name and permit or approval: Southold Town Building Department - Building Permit ❑ ❑ Suffolk County Department of Health Services - Wastewater Permit 3.a. Total acreage of the site of the proposed action? 0.501 acres b. Total acreage to be physically disturbed? <0.2 acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? 0.501 acres 4. Check all land uses that occur on, adjoining and near the proposed action. ❑ Urban ❑ Rural (non -agriculture) ❑ Industrial ❑ Commercial m Residential (suburban) ❑Forest ❑Agriculture El Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 a L7 5. Is the proposed action, a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? NO YES N/A ❑ ❑✓ ❑ ❑ 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? NO YES ❑ 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify:peconic Bay O YES —51 ❑ ❑✓ 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public transportation service(s) available at or near the site of the proposed action? c. Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? NO YES ❑ ❑✓ ❑✓ ❑ 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: NO YES ❑ ❑ 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: NO YES ❑ ❑✓ 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: New Septic System NO YES ❑ 12. a. Does the site contain a structure that is listed on either the State or National Register of Historic Places? b. Is the proposed action located in an archeological sensitive area? NO YES ❑ I LL 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: NO YES ❑ ❑✓ ❑ 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: ® Shoreline ❑ Forest ❑ Agricultural/grasslands ❑ Early mid -successional ❑ Wetland ❑ Urban m Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? NO YES ❑✓ ❑ 16. Is the project site located in the 100 year flood plain? NO YES 17. Will the proposed action create storm water discharge, either from point or non -point sources? If Yes, a. Will storm water discharges flow to adjacent properties? ❑ NO [—]YES b. Will storm water discharges be directed to established conveyance systemsrunoff and storm drains)? If Yes, briefly describe: 'ENO [—]YES NO YES ❑✓ ❑ Page 2 of 4 a 18. Does the proposed action include construction or other activities that result in the impoundment of water or other liquids (e.g. retention pond, waste lagoon, dam)? If Yes, explain purpose and size: NO YES 5/1 El to large impact impact may 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: NO YES ❑V ❑ EY ❑ 2. Will the proposed action result in a change in the use or intensity of use of land? [�T I ❑ 3. Will the proposed action impair the character or quality of the existing community? 20. Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? If Yes, describe: NO YES ❑ ❑ �r J LJ ❑ 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsorn r )e�wNd ��r�" Date: lo/zy//3 Signature: V Part 2 - Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept "Have my responses been reasonable considering the scale and context of the proposed action?' Page 3 of 4 No, or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? EY ❑ 2. Will the proposed action result in a change in the use or intensity of use of land? [�T I ❑ 3. Will the proposed action impair the character or quality of the existing community? ❑ 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? ❑ 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? �r J LJ ❑ 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? f LJ ❑ 7. Will the proposed action impact existing: a. public / private water supplies? b. public / private wastewater treatment utilities? !� ❑ ❑ 8. Will the proposed action impair the character or quality of important historic, archaeological, I� ❑ architectural or aesthetic resources? L� 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? ❑ ❑ Page 3 of 4 Part 3 - Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered "moderate to large impact may occur", or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-term, long-term and cumulative impacts. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. daea n d F 72c)s r 6S Name of Lead Agency Jrqk^Fs r. KI ii Print or Type Name of Responsibleffic r in Le Oad Agency C SAnature of Responsible Officer in L96d Agency AJ Dy Date C /f Al !z rvl g nJ Title of Responsible Officer Signature of Preparer (if different from Responsible Officer) PRINT Page 4 of 4 No, or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage © 1:1problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3 - Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered "moderate to large impact may occur", or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-term, long-term and cumulative impacts. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. daea n d F 72c)s r 6S Name of Lead Agency Jrqk^Fs r. KI ii Print or Type Name of Responsibleffic r in Le Oad Agency C SAnature of Responsible Officer in L96d Agency AJ Dy Date C /f Al !z rvl g nJ Title of Responsible Officer Signature of Preparer (if different from Responsible Officer) PRINT Page 4 of 4 ,NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD BOARD OF TRUSTEES at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. • OWNER(S) OF RECORD: lid OVC01VIO► SUBJECT OF PUBLIC HEARING: Demolish existing fire damaged dwelling and decking, and construct new proposed +/-1,440sq.ft. dwelling with +/- 290sq.ft. front entry and porch; +/-590sq.ft. rear decking with a +/-64sq.ft. hot tub; and new sanitary system with approximately 300 cubic yards of fill. TIME & DATE OF PUBLIC HEARING: • Gt)ejnesdo��, �t by*ober 13, JW�3 • of -o Ao>wf', -:Xft If you have an inKerest in thisproject, y you are Invited to view the Town file(s) which are available for inspection rior to the day of the hearing during normal business days between the hours ofp8 a.m and,4 n.m_ BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631) 765-1892 Board of Trustees Application County of Suffolk State of New York DONMcCALUON 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 WELL 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 HARMELESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY BIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES, TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. m SWORN TO BEFORE ME THIS A DAY OF—_—!1�, 20_jI Notary Pubic C'omrrgSh�" Er/lige Oy�OY�ZoIti C� OWNER'S ENDORSEMENT (TO BE SIGNED IF APPLICANT IS NOT OWNER) STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: being duly sworn, deposes and says; I reside at: 9 Pinecone Lane, Southboro Massachusetts In the County of Worcester and the state of Massachusetts . and I am the (owner in fee) (officer/agent of the Corporation which is owner in fee) of the premises described in the foregoing application and that I have authorized. SUFFOLK ENVIRONMENTAL CONSULTING, INC. to make the foregoing application as descriW herein. Signature Signature If Corporation, name of corporation and Officer Officer's Title Before me, this a$ day of m R k 20],x3 Notary Public 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 oart of Town officers and employees. The ouroose 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. YOURNAME: Don McCalllofl (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 Special Exception If "Other", name the activity: Southold Town Trustees Wetlands Permit Change of Zone 0 Approval of Plat Exemption from 131at or Official Map Other 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. YESNO O Complete the balance of this farm 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); 0 C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted thi �-�����^�'l�'Y� J Signature: � L 1'L Print Nam Co��ss��� �pl;c o4�oti�l% Town of Southold Erosion, Sedimentation & Storm-Water Run -off ASSESSMENT FORM 'b PROPERTY LOCATION: MTJa.R THE FOUAWINO ACTIONS MAY REQUIRE THE SUBMISSION OF A 1000 - 116 - 05 - 013 S FLAN IMi- IiMr �i Tai C ST SCOPE OF WORK - PROPOSED CONSTRUCTION ITEM p / WORK ASSESSMENT Yes No a, What is the Total Area of the Pmjed Parcels? 1 WE We ProJW Retain AN Stam-Waler Run -Off (Include Total Area ofail Parcels located within 0.32 acres ± Generated by a Two (2) Inch Rental on Site? the Scope of Work for Proposed Construcli n) Rom will Ino" all run-off aeMed X b. What istin Total Area of Lar(2eartrg clearing (Thisclearing/or g andconstructionactivities as well as as El andlor Grad Disturbance for the proposed < 0.2 acres Site Improvements and the permarem creation of construction adlwyl ImPerwous surfaces.) (S.F. r Amt 2 Does the Site Plan and/or Survey Show N Proposed PROVIDE BRffF PROJECT DESCRIPIION 1t edea seater yesmrrrrr.rrt Drainage SNr,tRea Indiceting Sin & Location? This X a Item shell Include all Proposed Grade Charges and — ApAlicant proposes to replace the existing slopes Controlling Surface water Flow. - Dwelling & Decking lost to fire damage with a 3 Does the Site Plan andror survey describe the erosion X ❑ proposed reconstructed Dwelling 1. 440 sq. ft. and sediment control practices Mat will be used to — control site erosion and storm water c9scharges. This "footprint'), Front Entry & Porch (290 sq. ft.), Ran must be maintained lMouptwul the Enure Decking 590 sq. ft.). Hot Tub (64 sq. ft.), new Construction Period. Sanitary System and Fill (300 cu. yds. t), all to 4 Will ties Project Require arty Land FBbg, Grading or be located a minimum of 120.0' ± from the Excavation "tree Here Is a change to tie Natural X Existing Grade Involving more am 200 Cubic Yards — landward edge of tidal wetlands (MHW). Please of Mate" within any Parcel? refer to the attached Survey for all project 5 Will ads Application Require Land Disturbing Activities V specifications. Encompassing an Area In Excess of Five Thousand X ❑ (5,000 S.F.) Square Feel of Ground Surface? 6 Is acre a Natural Water Course Running arogh tie Site? lstide Pm)W wP"n tie Trustees mbdctio n r-71 — General nae aWPPP Reartranaas: or within One Hundred (100') feel of a Wetland or Sutm1eW naaSWPPPb re pied her Y Cmneucson sdMtes lnvaWq sa Beaatn? dakrbr+ar of"11)or mos saw; Yndudma d4Grbtn=a leas tun ane ave art 7 WR there be She preparation on Existing Grade Slopes are pan d• law ox exit plan Val we ukWwb* debut, one or mos eves a urnd; which Exceed Fifteen (15) feat of Vertical Rise to X Including Consbuetln aellvmles Matwq sur disturbances or leas tun ons (1) acre w ere One Hundred (100') of Horizontal Distance? — au DEC has dalsmerd #0 a SPOES puma b required brsamr Water dbmargas. (SWPPP%etre most err abalm mt Regarenuad eau $PMS General Pow 8 Will Driveways. Parking Aress or oder Impervious for Sera Winer Dlecharesa tram construction actift • Pem* No, OP4.11e4101.1 Surfaces be Sloped to Direct Morm-Water Run -Off 1. The SWPPP that be prepasd prior b tlr submittal a tie Not. The 1401 Ura be Into and/dr In tie direction of a Town dght-d4sy! 27M — L Th*led te err Daprtrrea prW b err anlnerwgermd a oaubnrctln sold W SWPPP anasdames err arosbn air sedkrra aarxrd pradbas sin wrre 9 Will tills Project Require the Placement ol Alaterial, rsgAhd, pod4orA aan sem wawarnetio w pnctlote eraa a wused a dW Removal of Vegetation and/or tie Construction of any X axrenrWd to reduce au poamants In sbrmwaard4dwaes and W assure Item Within the Town Rlg".Way or Road Shoulder — c, pasrr, wBrtlu anra admrdlbmdMpm. inaddbm UwswPPPehM Area?mn.mwwr Tar wbr.a.a.ra.rMorh.wwAwrwJ IderillypaMOY soueselpoaMbnwidd mayrswmaybecoactedboomathe *#&ltd etamwaW - ' nas. NOTE: IfAny Answer to Ouesaeru Oat through Wine Is Answered wmh a Cheak Mork S. N SWPPPs art spat M postoonsbutfixt ewm water nrnell nra preNcs In a am nd tine 006ewucs" We AYaba le bavnerr Spee V. a 1 Acre In srµ oonrpornas sIW a prepstad 'by gAW*d Design P-lassbnsl Uoerwsd N New Yak a lltm*Wew, Omdk%Draaape a E.alon Centra Plan N PA*Amd by Ice Town d errlslsrwlsOpaabM Year par#lss and pndbsdabrm Wobr Nnain DerdrNaeMrtaaubaaudw Review Prwblserwras aMrylliu llso ISE AC64wY(!)&WWRrrwr bryedrCrwrlmrYRtaaMMtOoaahr APpeawn) S1ATJrOFNEW YOM SUFFOLK Comm SS BRUCE A. NDERSON Sl1FFbl1C 7tut 1...........................................................ENVIRONMENTAL CONSULTING, INC. being duly sworn, deposes and says that he/she is the applicant for Pen-nit,............... (Hent a t+ehreuer dprsrg coerced) AGENT And that he/she is the............................................(............................................ Dawe. candor. Apma, Corporsts Olmoer, Mo) Owner and/or representative of the Owner or Owners, and is drily authorized 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 herewi Swom to before me this; n v t Notary Public: .... .Oil Notary Public of New Yo (sipwa.aAppsad) FORM - 06/10 Qualified in Suffolk County Commission Expires January 22, 201Y Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 116 05 013 The Application has been submitted to (check appropriate response): Town Board ❑ Planning Dept. ❑ Building Dept. ❑ Board of Trustees Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) ❑ (b) Financial assistance (e.g. grant, loan, subsidy) ❑ (c) Permit, approval, license, certification: Nature and extent of action: Applicant proposes to replace the existing Dwelling & Decking lost to fire damage with wetlands (MHW). Please refer to the attached Survey for all project specifications. Attach additional sheets if necessary Location of action: 1100 Dean Drive; Cutchoeue. New York Site acreage: 0.32 acre t Present land use: Residential Present zoning classification: R - 40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: DONALD McCALLION (b) Mailing address: 9 Pinecone Lane, Southboro, MA 01772 (c) Telephone number: Area Code ( 508 ) 485 - 1015 (d) Application number, if any: N/A Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ® No ❑ If yes, which state or federal agency? NYSDEC DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III — Policies; Page 2 for evaluation criteria. ® Yes ❑ No ❑ Not Applicable As indicated within _Policy 1, "Development that does not reinforce the traditional land use pattern of the Town of Southold would result in a loss of the community and landscape character of Southold.", this project is a proposal to replace an existina Dwellina & Deckina lost to fire damage with a new Dwellina & Deckina, all located within an almost entirely developed neiahborhood. The proposal, as desianed, will not result in any adverse effects to the surroundina environment in that the project will simphrrr)lace existina structures that have existed harmoniously hereon for over fifty (50) Years without any form of adverse impact to the surroundina community. Accordinaly, we believe that this project is consistent with this policv. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III — Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Policy 2 is not applicable in that subject lot and the surroundina neiahborhood cannot be deemed a substantial historic and/or archaeoloaical resources. 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 5 through 7 for evaluation criteria ® Yes ❑ No ❑ Not Applicable Subject proposal will not adversely impact the visual auality of the surroundina area in that the subject parcel was already improved with an existing sinale-family dwelling which has not impeded visual auality or the value of local scenic resources. Therefore, we feel that the instant proposal fully complies with this Policy. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III — Policies Pages 8 through 16 for evaluation criteria ® Yes ❑ No ❑ Not Applicable The proposal is for the reconstruction of an existina Dwellina & Decking that were lost due to fire damaae. These original structures, as well as the reconstructed structures, will be a minimum of 120' from the Mean Hiah Water Mark, and will be above the 8.0' elevation contour. Further, the oriainal structures have existed hereon of over fifty (50) years without loss of life, structures and natural resources from flooding and erosion. Therefore, we feel that the instant proposal fully complies with this Policy. 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 ❑ Not Applicable As a result of reconstructing the existina structures damaaed by fire, a new sanitary system will be installed which is to meet Suffolk County Department of Health Services criteria. Additionally, all roof runoff will be contained within drywells to eliminate the potential for surface runoff into neiahborina surface waters. Conseauently, this project complies with this Policy. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III — Policies; Pages 22 through 32 for evaluation criteria ® Yes ❑ No ❑ Not Applicable Aaain, all proposed activity is to take place a minimum of 120' from the landward edae of tidal wetlands, fully conformina with the reauested wetland setbacks of the Town of Southold. Further, the oriainal structures have harmoniously existed hereon for over fifty (50) years without any form of adverse impact to the surroundina ecosystems. Finally, because the proiect will result in a fully SCDHS conformina sanitary system, the overall environmental condition of the property will increase. Conseauently, this oroiect complies with this Policy. Attach additional sheets if necessary 0 9 Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria ❑ Yes ❑ No ® Not Applicable This proiect is not applicable to this Polic Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III — Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable This project is not applicable to this Pollcv. Attach additional sheets if necessary PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III — Policies; Pages 38 through 46 for evaluation criteria ❑ Yes ❑ No ® Not Applicable This proiect is not applicable to this Policy. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water -dependent uses and promote siting of new water -dependence uses in suitable locations. See LWRP Section III — Policies; Pages 47 through 56 for evaluation criteria ❑ Yes ❑ No ® Not Applicable This project is not applicable to this Policy. Attach additional sheets if necessary 0 0 Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town Waters. See LWRP Section III — Policies; Pages 57 through 62 for evaluation criteria ❑ Yes ❑ No ® Not Applicable This project is not applicable to this Polic Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable This project is not apolicable to this Policy. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III — Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable This proiect is not applicable to this Policv. Attach additional sheets if necessary Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Bruce Anderson, M.S., President July 12, 2013 Mr. Jim King, Chairman Board of Trustees Town Hall P.O. Box 1179 Southold, NY 11971 Fax: (631) 537-5291 Re: McCALLIONProperty Situate: 1100 Dean Drive; Cutchogue, New York SCTM#: 1000 — 116 —05 - 013 Dear Mr. King, This Firm represents Mr. Donald McCallion, owner of the above referenced property, who is seeking approval to redevelop subject property following a fire which caused extensive damage to the existing house and decking. In that the property is burdened by tidal wetlands, a wetlands permit from your Board is requested. Please find attached: (1) Town of Southold Trustees Wetlands Permit Application (original and two [2] copies); (2) Short Environmental Assessment Form (original and two [2] copies); (3) Local Waterfront Revitalization Program application (original and two [2] copies); (4) Town of Southold Erosion, Sedimentation & Storm -Water Run-off Assessment Form (three [3] copies); (5) Photographs of the current condition of the property (three [3] sets); (6) Location Map for reference (three [3] copies); (7) Survey of subject property, prepared by PECONIC SURVEYORS, P.C.., last dated July 11, 2013, indicating the conditions thereon (three [3] prints); and (8) Check made payable to the Town of Southold in the amount of $250.00 covering the requisite application fee. By way of this correspondence, and on behalf of the property owner, I respectfully request for the commencement of review of the attached application, and the subsequent scheduling of this matter before the next available Town of Southold Board of Trustees Hammarth/ 2 meeting for permit issuance. Should you have any questions regarding this matter, please feel free to contact this office at any time. Thank you in advance for your cooperation. Si N enc. CC: D. McCallion • 0 Bobette Suter From: Bobette Suter <bobette@suterandsuter.com> Sent: Thursday, May 30, 2013 9:44 AM To: bruce@suffolkenvironmental.com Cc: Donald Mccallion (dmccallion@verizon.net) Subject: McCallion Trustees letter, rough draft for Friday submittal by Bruce Hi Bruce, The printer picked up the drawings and will drop off the prints around 5:30 tonight. I will be here. See my letter draft below, and thank you. Bobette BOBETTE SUTER SUTER AND SUTER Po 1709 124 JESSUP AVE. QUOGUE, N.Y. 11959 631-653-3877 fax 631-653-3878 www.suterandsuter.com Southold Town Trustees pre -submission on site review, Jun 12,2013 Re: Donald 1 McCallion 1100 Dean Drive Cutchogue, N.Y. Tm# 1000-116-05-13 JUN - 3 2013 May 30, 2013 Dear Board of Trustees, We are submitting a request for the review of the set back line and any restrictions for any structures you may require at the McCallion site. At the site the existing house and deck burned nearly to the ground, but the remains have not been removed. Please see the proposed site plan and existing conditions for you (eview. You will see the line of the existing burned structures and proposed construction on the drawings enclosed. The existing neighbors structures and site conditions are also reflected in the drawings. We will meet the Board of Trustees at the time of review to clarify any questions you may have. We look forward to rebuilding a new summer bungalow on the family site. Yours truly, ,J Board of Trustees LPPliaatioa County of Suffolk State of New York 0 ,rI�JYU4& 1 % - /� (C/U BEING DULY SWORN DEP ES 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 OP TRUSTEES. THE APPLICANT j AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES i 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 WfCH REVIE F THIS PL CATION. Signature of Pro Owner 1 SWORN TO BEFORE ME THISo? DAY OF 14191 L 20a Notary Public My (pM'rwS/an "'V; " 0'f - Ao [ �] LOT COVERAGE HOUSE - 1558 salt. DECKS, ROT TUB 8 CHIM 855 sq.ft. GARAGE -331 sq.ft. 2744 sq.ft. 2744113778' 19.9% - EL N79��' •E SURVEY OF PROPENTY AT CUTCHOGUE TOWN .OF SOUTHOLD SUFFOLK COUNTY, MY 1000-116-05-13 SCALE. 1'=30' APRIL 24, 2013 MAY 8, 2013 (LOC. DECK POST) MAY 21, 2013 (LOC. DECK COLUMNS k ADJ. HOUSES) JULY JULY 9�, 2013 IfREVISION� Sl 300 cu.yds ` REOUiRED RAW RUNOFF CONTAINMENT GARAGE 331 sq.tl. 331 = I = 0.17 - 56.3 cot. PROVIDE 1 DRYWELL WO • 3' deep HOUSE i S8 sq.fl. 1558 • I • OJ7 =265 aft. PROUE1 2 DR7Y;22 M80ft'- 4' deep or equal TEST HOLE DATA BY McDONALD GEOSCIENCE 4/17/13 a. 5.7' BROWN LOAM OL BROWN SILTY SAND SM PALE BROWN FINE SAND SP EL 1.0' WATER 4.7' WATER IN PALE BROWN FINE SAI 9Q= PROP. ELEVATION PROP. CONTOUR FIRE DAMAGED HOME TO REMOVED EXISTING CESSPOOL TO BE REMOVED 5(pUBUC WASER `IN SSREES) I -, "re; 150' o nA I v � V wBTD/ LP _ � . IG E 0 f7, O APPROVED BY BOARD OF TRUSTEES SP TOWN OF SOUTHOLD DATE//// ti 7 AREA=13,778 SO. Fr. TO -nE LINE ELEVATIONS REFERENCED TO N.A.V.D. 1988 FLOOD ZONE FROM FIRM RATE MAP MAP NUMBER 36103CO501H SEPTEMBER 25, 2009 l am familiar vith the STANDARDS FOR APPROVAL AND CONSTRUCTION OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES and will abide by the conditions set forth therein and on the permit to construct. The location of wells cesspools & public water shown hereon are from field observations and or from data obtained from others. ANY AL7ERA770M OR ADDITION TO THIS SURVEY IS A WOLA77ON OF SEC77ON 7209 OF THE NEW YORK STATE EDUCA770N LAW. EXCEPT AS PER SEC77ON 7209—SUBDIVISION 2. ALL CER77FICAT70NS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. ... ,Ueoc WASER) i NOTE, SUBSURFACE SEWAGE DISPOSAL SYSTEM DESIGN BY, JOSEPH FISCHETT4 P.E. 1725 HOBART ROAD SOUTHOLD, N.Y. 11971 10"D / ,rLk 5g6'k� �1Ci 4� =MONUMENT �Ln c jiA A W cc C a a rn mm r O� 00 0 T- r_ C1 70 m 0 yiA Z n �mUl N � y = 000, �S �NG• OF NEW Y � � Xr+t uG ,cp xy 5Pt ?t J//LG�q.-- N.Y.S. LIC. NO. 4961 CONI VEYORS, P. CVEYORS, P.C. (631) 765-5020 FAX (631) 765-1797 P.O. BOX 909 SOUTHOLD, NTRAVELER S971 T 13-155 / 1/ / / / / A / 10"D / ,rLk 5g6'k� �1Ci 4� =MONUMENT �Ln c jiA A W cc C a a rn mm r O� 00 0 T- r_ C1 70 m 0 yiA Z n �mUl N � y = 000, �S �NG• OF NEW Y � � Xr+t uG ,cp xy 5Pt ?t J//LG�q.-- N.Y.S. LIC. NO. 4961 CONI VEYORS, P. CVEYORS, P.C. (631) 765-5020 FAX (631) 765-1797 P.O. BOX 909 SOUTHOLD, NTRAVELER S971 T 13-155 G 1T`f �-TEe