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HomeMy WebLinkAbout1000-137.-1-8.1 �I
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OFFICE LOCATION: ,`O lG MAILING ADDRESS:
Town Hall Annex P.O.Box 1179
54375 State Route 25 Southold,NY 11971
(cor. Main Rd. &Youngs Ave.) O • �Q Telephone:631 765-1938
Southold, NY 11971
Fax: 631765-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
To: John Bredemeyer, President
Town of Southold Board of Trustees
From: Mark Terry, Principal Planner
LWRP Coordinator
Date: January 21, 2014
Re: Proposed Wetland Permit for ROY& DAWN WARD
SCTM#1000-137-1-8.1
Twin Fork Landscape Contracting, Inc. on behalf of ROY& DAWN WARD requests a Wetland Permit for the as-
built 4'x55'fixed dock; a 4'x10' ramp; a 6'x38' float, and a 6'x14'float; for the as-built 18'x50' patio with a 118sq.ft.
landing with steps; patio to remain open to the sky and drainage provided to contain run-off; no further
construction of any structures/storage buildings between the patio and the bulkhead; and install and subsequently
maintain a 10'wide non-turf buffer along the landward edge of the bulkhead. Located: 4075 Stillwater Avenue,
Cutchogue. SCTM# 137-1-8.1
Note that the Town of Southold Zoning Board of Appeals granted variances as applied for, and shown on the
survey dated 7-2-2013 revised 5-12-13 prepared by John C. Ehlers, LLS. Subject to the following conditions:
1. Raised patio shall remain open to the sky
2. Raised Patio shall provide drainage so water shall not leach toward bulkhead(entire north easterly
side).
3. The Board reserves the right to inspect the continuous drain installed in the floor of the patio.
4. Applicant shall install a 10 foot wide non-turf buffer along the bulkhead as required by the 2005
Trustees action.
5. The applicant shall receive approval of the Board of Town Trustees for the as built raised patio.
The Zoning Board did not review all of the actions proposed, however,their decision furthered the LWRP
policies for the actions within their jurisdiction. Since some of the proposed actions are also within the
Board of Trustees jurisdiction the actions are also assessed to the Policy Standards of the LWRP and
recommendations are made to the Board. Based on all of the information provided,the Board must
decide if the action is Consistent or Inconsistent with the LWRP. My recommendation follows:
A site inspection was conducted on October 28, 2013. 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 determination that the
proposed actions are INCONSISTENT with the below listed LWRP policy and therefore are INCONSISTENT with
the LWRP:
6.3 Protect and restore tidal and freshwater wetlands.
A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and
regulations for all Andros Patent and other lands under their jurisdiction
9. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions.'
The"as built' structures were constructed without the benefit of review of the Board of Trustees.
The dock structure does not conform to existing Chapter 275 regulations. The float is oversized at 6'x 32'
and is not permissible. The configuration does not match the dock structure on the 2005 plans and has
been altered since that year.
Note, that the Board of Trustees issued a Wetlands Permit(6272) in 2005 (for a different action on the property)
that required the creation of a 10' non-turf buffer landward of the bulkhead/retaining wall. The buffer has not been
installed as required. A buffer less in width has been installed and is planted with vegetation.
g ✓_ 3
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Figure 1. Subject parcel showing approved 10' non turf buffer.
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In the event that the actions are approved it is recommended that the Board require that the buffer be installed to
meet Policy 6.3.
Further, due to the slope of the property towards the marine wetland, it is recommended that the Board require
that the property(patio)complies with Chapter 236"Stormwater Management; Erosion and Sediment Control;
and Illicit Discharges Law" regulations.
Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written
determination regarding the consistency of the proposed actions.
Cc: Lori Hulse,Assistant Town Attorney
t
Town of Southold
LWRP CONSISTENCY ASSESSMENT FORM
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 revi;�Znxempt
minor action list, policies and explanations of each policy contained in the Town of Local
Waterfront Revitalization Program. A ro sed action will be evaluated. as tocant
beneficial and adverse effects Won the coastal area which includes all of Southold wn .
I If any question in Section C on this form is answered "yes" or"no", then proposed action will
affect the achievement of the LWRP policy standards and conditionstamed in the consistency
review law. Thus eg each answer must be lained in de Us tin oth su ortin and non-
supporting facts. If an action cannot be certifiedIN
a LWRP policy standards and
conditions,it shall not be undertaken.
A copy of the LWRP is available in the followinTown of Southold's
website(southoldtown.northfork.net), the , d he Planning Department,all
local libraries and the Town Clerk's office. ��
B. DESCRIPTION OF SITE AND PROPOSED A 1/
SCTM# � - - i JUL 2 3 2013
PROJECT NAME `
sum of kinkm
The Application has been submitted to(check appropriate response):
Town Board ❑ Planning Board❑ Building Dept. P Board of Trustees,®
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) JAN 13 2014
(c) Permit,approval,license,certification:
�ande� action: T-0
C,�Iv l vel rl I �
N�b �ul 4- -Cklt ond Pat D ,
AS BUILT Stone Patio Dimensions as provided on attached to scale 7/2/13 survey, 1018 sq ft including
C) ver
steps actual patio is 18 x50,steps and landing 118 additional sqft.AS IS Dock as provided on to scale
.plan view from Robert Fox,existing Timber Dock 4'X 55',existing ramp 4'x10',wood t-dock floats 6'x38', 6'x14'.
Twin Fork Landscape Contracting, Inc
PO BOX 460
Cutchogue, NY 11935
C F-
631-734-6643
12/17/13
0K 1 7 201
To Board of Trustees,
Attached provides you with a revised plan for the Wand property located at:
4075 Stillwater Ave
Cutchogue NY 11935
The attached plan has been revised based on the minor alterations from the Zoning Board of
Appeals notice 11/22/13.
These alterations include:
Raised patio shall remain open to the sky.
Raised patio shall provide drainage so water shall not leach toward bulkhead.
There will be no further construction of any structures/storage buildings between the patio and
the bulkhead
Applicant shall install a 10' NON turf buffer along bulkhead as required by 2005 Trustees.
Should you have any questions please feel free to contact us as the representatives of the
Wards. Thank you.
Sincerely,
/
William J Fabb
President
Twin Fork Landscape Contracting, Inc.
631-734-6643
Location of action: CU11 l VuU
Site acreage:
Present land use: d I
Present zoning classification:_
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:
Mailing address:
(c) Telephone number: Area Code( )
(d) Application number,if any:
j Will the action be directly undertaken,require funding,or approval by a state or federal agency?
I
Yes ❑ No If yes,which state or federal agency?
C. Evaluate the project to the following policies by analyzing how the project will further support or
not support the policies. Provide all proposed Best Management Practices that will further each policy.
Incomplete answers will require that the form be returned for completion.
DEVELOPED COAST POLICY
Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,
preserves open space,makes efficient use of infrastructure,makes beneficial use of a coastal location,and
minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation
criteria.
❑Yes ❑ No 0,Not Applicable
Attach additional sheets if necessary
Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See
LWRP Section III-Policies Pages 3 through 6 for evaluation criteria
❑ Yes ❑ No Not Applicable
r
7
Attach additional sheets if necessary
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See
LWRP Section III—Policies Pages 6 through 7 for evaluation criteria
❑ Yes ❑ No$ Not Applicable
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 N Not Applicable
Attach additional sheets if necessary
Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III
—Policies Pages 16 through 21 for evaluation criteria
❑ Yes ❑ No 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.
Yes No 71y4ot Applicable
Attach additional sheets if necessary
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies
Pages 32 through 34 for evaluation criteria.
Yes ❑No , Not Applicable
r
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 ❑ No1K
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.
❑ Ye&O No Not Applicable
Attach additional sheets if necessary
t
WORKING COAST POLICIES
Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in
suitable locations. See LWRP Section III Policies; Pages 47 through 56 for evaluation criteria.
❑ Yes ❑ NoNot Applicable
I�
Attach additional sheets if necessary
Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic
Estuary and Town waters. See LWRP Section III-Policies; Pages 57 through 62 for evaluation criteria.
❑ Yes ❑ No Not Applicable `
Attach additional sheets if necessary
Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III —Policies; Pages
62 through 65 for evaluation criteria.
❑ Yes ❑ No Not Applicable
Attach additional sheets if necessary
Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP
Section III—Policies; Pages 65 through 68 for evaluation criteria.
❑ Yes ❑ No Not Applicable
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BOARD MEMBERS
Southold Town Hall
�rjF so 53095 53095 Main Road-P.O.Box 1179
Leslie Kanes Weisman,Chairperson
� �p Southold,NY 11971-0959
Eric Dantest Office Location:
Gerard P.Goehringer a►s ye Town Annex/First Floor,Capital One Bank
G • 54375 Main Road(at Youngs Avenue)
George Hornung '.��► i d Yg
Ken Schneider y�0 ,� 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 NOVEMBER 21,2013
ZBA FILE: 6691
NAME OF APPLICANT: Roy Ward,III SCTM#1000-137-1-8.1
PROPERTY LOCATION:4075 Stillwater Avenue(adj.to East Creek aka Eugene's Creek).Cutchogue,NY
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 September 18, 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 �WRP) Policy
Standards. The LWRP Coordinator issued a recommendation dated October 28,2013. 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 INCONSISTENT with LWRP policy standards
and therefore is INCONSISTENT with the LWRP. However, this finding is based upon the "as built" structure
being constructed without the benefit of a trustee permit and as such the applicant will have to apply to the
Trustees. Additionally, a prior Trustee permit#6272 issued in 2005 for a different action,requiring the installation
of a 10' non-turf buffer landward of the bulkhead, has not been installed as required. The Zoning Board will
require the applicant to apply to the Trustees, install the required buffer and comply with Chapter 236 for the"as
built"structure,thereby making this action consistent with the LWRP.
PROPERTY FACTS/DESCRIPTION Subject property is and nonconforming 31,334 square foot lot in the R40
zone district. It's improved with a two story framed dwelling with attached porches, raised patio and accessory
garage. It has 90.00 feet of frontage on Stillwater Avenue,349.84 feet on the northern property line, 102.25 feet on
East Creek and 315.38 feet on the southern property line as shown on the survey dated 7-2-2013 revised 8-12-13
prepared by John C.Ehlers,LLS.
BASIS OF APPLICATION: Request for Variances from Article XXII Code Section 280-116(B) and Article
XXIII Code Section 280-124 based on an application for building permit and the Building Inspector's August 5,
2013 Notice of Disapproval concerning a permit for"as built" patio structure, at; 1) proposed construction at less
than the code required bulkhead setback of 75 feet, , 2) less than the code required minimum rear yard setback of
50 feet,3) less than the code required minimum side yard setback of 15 feet.
• Page 2 of 4—November 21,2013
ZBA#6691—Ward
SCfM#1000-137-1-8.1
RELIEF REQUESTED: The applicant requests variances to obtain a CO for"as built"patio structure attached to
the rear of the dwelling with a bulkhead setback of 22 feet where the code requires 75 feet, a rear yard setback of
42 feet where the code requires 50 feet and a single side yard setback of 12 feet where the code requires 15 feet.
ADDITIONAL INFORMATION: The immediate area around the subject property consists of long lots that front
on the creek. At the public hearing, the agent for the applicant submitted prior variances by the Board in the
subject neighborhood and Google Earth maps showing the non-conforming setbacks of the homes to the north and
south of the applicant's home. This analysis indicates varied setbacks from the creek and the subject property
which lies at a point that extends the farthest into the creek. The reason for this fact is that when the western
section of the creek was dredged in the late sixties, most of the dredged spoils were placed on these contiguous
parcels to the western side of Eugene's Creek. This allowed a greater depth of each lot on this side. This property
was the subject of a prior variance in 2010 under file#6404, for additions and alterations to the dwelling requiring
bulkhead, minimum and total side yard setbacks. The applicant was granted alternative relief for the side yards
(single at 9 feet and combined at 34.5 feet)and granted the bulkhead setback of 43.5 feet as applied for.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on November 7,2013 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 fmds the following facts to be true and
relevant and makes the following findings:
1. Town Law 4267-b(3)(b)(D. Grant of the variance will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties. This area of Stillwater Ave. consists of many waterfront
homes on Eugene's Creek. The majority of the homes have been constructed on long lots where the homes lie
fairly close to the Creek.
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. The existing dwelling was granted a non-conforming
bulkhead setback of 43.5 feet in a prior ZBA application and therefore any additions seaward of the existing
dwelling will require variance relief.The applicant could remove the stone planters and part of the stone wall
closest to the bulkhead and scale the depth of the patio back from the bulkhead.However,the patio is raised and an
open structure,which if it was on grade would not require variance relief.
3. Town Law 4267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 71%
relief from the code for the setback from the bulkhead. The rear yard represents a 16% reduction from the code
requirements. The single side yard represents a 20%reduction for present code requirements. However,most of
the existing homes on Stillwater Avenue exhibit the same or similar non-conforming setbacks as documented in the
Google Earth maps and copies of prior ZBA variances submitted to the Board by the applicant. Additionally, the
subject property is dramatically sloped toward the creek and without an elevated or terraced deck or patio the
applicant has no functional use of the rear yard.
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. Removal of the as built
patio would create substantial land disturbance At the hearing,the agent for the applicant indicated that the stone
patio was skewed toward the water side of the home. He agreed to saw cut a drain into the patio so rain water and
melting snow would not leach into the creek and thus retaining all runoff onsite. Additionally, the agent stated the
original Trustee permit requiring the 10 foot non-turf buffer will be installed aser the permit requirements.
P P q
• Page 3 of 4—November 21,2013
ZBA#6691—Ward
SCCM#1000-137-1-8.1
5. Town Law 4267-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.
6.Town Law&267-b. Grant of the requested relief is the minimum action necessary and adequate is the minimum
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action necessary to enable the applicant to enjoy the benefit of the existing raised patio 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
GRANT, the variances as Applied for, and shown on the survey dated 7-2-2013 revised 8-12-13 prepared by
John C.Ehlers,LLS. Subject to the following CONDITIONS:
1. Raised patio shall remain open to the sky
2. Raised Patio shall provide drainage so water shall not leach toward bulkhead.(entire north easterly side)
The Board reserves the right to inspect the continuous drain installed in the floor of the patio.
3. There shall be no further construction of any structures/ storage buildings between the patio and the
bulkhead.
4. Applicant shall install a 10 foot wide non-turf buffer along the bulkhead as required by the 2005 Trustees
action.
5. The applicant shall receive approval of the Board of Town Trustees for the as built raised patio.
That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued.
Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays
and/or a possible denial by 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), Goehringer, Horning, Schneider, Dantes. This
Resolution was duly adopted(5-0).
Leslie Kanes Weisman,Chairperson
Approved for filing I/ / /2013
N PLAN VIEW
wE Surveyed: 06-20-13
SCT# 1000-371-8.1
s Town: Southold
Suffolk County, NY
?� Datum: MLLW
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JUL 2 3 2013 SECTION
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TY 4r k Existing Existing b'x38'
Ramp Floats 6'X14'
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ROBERT H. FOX
NYS PLS#50197
PO Box#366
' Aquebogue
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N Y 11931
SURVEY OF LOT 12 *- 13 N
MAP OF PROPERTY PF M.S. HAND
FILED SEPT. I G, 1930 FILE NO. 730 :`'tA
SITUATE: CUTCHOGUEp9, 61 w E
TOWN: SOUTHOLD 0a '•.�'� °� •
SUFFOLK COUNTY, NY �'�
SURVEYED 07-02-2013
SUFFOLK COUNTY TAX#
1000-37 - I -8.I
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CERTIFIED TO \ \ •.�• �`
ROY R.WARD II Gr�M ry
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LOT COVERAGE CALCULATIONS
06 LOT AREA TO H.W.M= 31 ,334 SQ. FT.
�o g�� ���
�OWETLANDS= -903 SQ. FT.
. �P���" O LOT NET= 30,431 SQ. FT.
�� OO \o Ac�2 1.0 D E C E I tl E 2 STORY FRAME HOUSE= 2,565 SQ. FT.
G STONE PATIO 1 ,018 SQ. FT.
COVERED PORCH= 492 SQ. FT.
JUL 2 3 2013 2 STORY FRAME GARAGE= G98 SQ. FT.
LOT COVERAGE= 4774 50. FT.
�, j c9O oldTowa LOT COVERAGE= 15.69%
Board of Trustees ALLOWABLE= 20% OR G,08G 50. FT.
•0, REMAINING= 4.31% OR 1 ,312 SQ. FT.
I o.
NOTES: Ots N�� Unauthorized alteration or addition to a survey
map bearing a licensed rood surveyor f sea is o
vidation of section 7209,sup—division 2,of the
JOHN C. E H LE RS LAND SURVEYOR C- New York State Education Law.
—x X— WIRE FENCE "Only copies from theoriginal of this survey
marked with an original of the land surveyor's
--o--- WOOD FENCE y stamped scot shall be considered to be vdid true
•
copies
S ,p
G EA5T MAIN STREET N.Y.5. LIC. NO. 50202 * "Certifications indicated hereon signify that this
survey was prepared in accordance with the s—
yes Area = 31,334 Sq. Ft. (sting Code o1 Practice far Land Survey,adopted
h Area = 0.7193 Acres RIVERHEAD, N.Y. 1 1901 3G9-8288 Fax 3G9-8287 by the New York Stole association of Professional
y '94 I^ Land Surveyors. Said certifications shun run only
9' eo II_ `�w_ ! to the person for whom the survey is prepared,
GRAPHIC SCALE III= 30 loncjislandland5urveyor.com 71 S and on his behalf to the title company;governmen—
9 agency and lending institution listed hereon, and
-.`ILANM to the assignees of the lending institution. Certifica—
tions are not transferable to additional institutions
4/29/M3 11:].owY C Ufen p a 1]IYlat. o
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Twin Fork Inc. E E .� �� ��
8405 Cox Lane - C'utchogue icy 11935
twinforklc@734-6634optonline.net/631 - DEC 1 7 2013
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Ward Residence
4075 'Stillwater Ave
cutchogue, NY 11935
December 16, 2
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