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Home My WebLink About1000-87.-4-4OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 ho��oF soUry4� I�C�UNV L� MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner Val( LWRP Coordinator Date: April 24, 2014 Re: Coastal Consistency Review for ZBA File Ref PETER M. BOGER #6741 SCTM#1000-87-4-4 PETER M. BOGER #6741 - Request for Variances from Article XXIII Section 280-124 and the Building Inspector's January 28, 2014 Notice of Disapproval based on an application for building permit for demolition of an existing single family dwelling and construction of a new single family dwelling, at; 1) less than the code required front yard setback of 35 feet, 2) less than the code required rear yard setback of 35 feet, located at: 717 Private Road #12 (aka Windy Point Road) (adj. to Corey Creek) Southold, NY. SCTM#1000-87-4-4 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 policies and therefore CONSISTENT with the LWRP based on the following. 1. There is no ability to relocate the dwelling out of the FEMA Flood Zone AE el 6 and the structures will be constructed to meet FEMA requirements. 2. The sanitary system is proposed to be upgraded. 3. The proposed landscape buffer, non -turf buffer, pervious driveways and storm water controls mitigate impacts of the reconstruction of the dwelling. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for perm its* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold W aterfront Consistency Review Law. This assessm ent is intended to supplem ent other inform ation used by a Town of Southold agency in m a k in g a d e t e r m in a t i o n o f c o n s is t e n c y. *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). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both supporting and non - supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# . 87 - 4 - 4 PROJECT NAME Peter M. Boger The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board ❑ Building Dept. ❑ Board of Trustees ❑ 7BA [x] 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: Demolish and remove existing, one-story, 928 square -foot, single family dwelling and attached decks and steps, and construct new, two-story, 824 square -foot, single family dwelling on raised foundation with covered entry, masonry walkway, and steps; raise existing shed; remove existing sanitary system consisting of two leaching pools in groundwater and install new sanitary system raised 2 feet above groundwater with concrete retaining wall and approximately 328 cubic yards of clean fill; install drainage system of leaders, gutters, and drywells; remove existing driveway and install new pervious gravel driveway and parking area; and establish in place of existing lawn areas located more than 4' seaward of proposed driveway an approximately 2,240 square -foot nonturf buffer to be planted with native vegetation, all as depicted on the site plan prepared by Samuels & Steelman Architects, dated March 5, 2014. Location of action: 717 Private Road #12 (aka Windy Point Lane), Southold Site acreage: 13,580 s.f. Present land use: Residential, single family dwelling 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: Peter M. Boger (b) Mailing address: 2444 Rockville Centre Parkway Oceanside, NY 11572 (c) Telephone number: Area Code 718-240-4757 (d) Application number, if any: 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? DEC, Southold Trustees, SCDH 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. FlYes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No M Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ® Yes ❑ No ❑ Not Applicable The proposed dwelling will remain in essentially the same location as the existing and will be consistent in character with neighboring dwellings, which over time have been similarly increased in size and height; and the establishment of the approximately 2,240 square foot buffer area to be planted with native vegetation will expand the area of existing natural vegetation along the shoreline of Corey Creek, thus having the effect of preserving existing vegetation and establishing new indigenous vegetation to enhance scenic quality, consistent with Policv 3. 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 new dwelling structure would be raised by approximately 1.5 feet and into conformance with the New York State base flood elevation requirement of 8'MSL in this FEMA AE -6 flood zone, thus providing the benefit of reducing and minimizing the risk of structural damage as a result of flooding and erosion, consistent with Policy 4. 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 In association with the proposed dwelling renovations, a drainage system of leaders, gutters, and drywells will be installed to collect roof and site runoff, and an approximately 2,240 square foot buffer area to be planted with native vegetation will be established between Corey Creek and the developed portion ofthe property, which can serve both as a sink and filter for stormwater runoff and contaminants. By thus increasing on-site groundwater recharge, reducing lawn areas, and increasing the setback of lawn areas from wetlands, the potential quantity of site runoff reaching the adjacent tidal waters will be decreased, and the quality of any runoff that does reach tidal waters will be improved through a reduced concentration of potential fertilizers, pesticides, and insecticides. Groundwater and ultimately surface water quality will also benefit from the replacement of the existing sanitary system likely sitting in groundwater with a new sanitary system raised so that all of its components would be situated at least 2 feet above groundwater. Therefore, the project is consistent with Policy 5, as water quality and supply will be both protected and improved as a result of the mitigation measures associated with the project. 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 0 No ❑ Not Applicable See attached. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes [:]No ® Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ❑ Yes ❑ No "'7 Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES 4 Peter Boger LVRP Consistency Assessment Form Addendum Policy 6 Due to the location of the tidal wetlands boundary and small size (13,580 sf of total area; 9,500 sf buildable land) and configuration of the subject parcel, it is not possible for any structure on this property to meet a 100' wetlands setback. However, the renovations have been designed to maintain and in fact increase by one foot the wetlands setback to the dwelling; to reduce the footprint of the dwelling by 104 square feet or roughly 11 %; and to essentially maintain (but for an increase of 15 square feet) lot coverage by impervious surfaces. The new dwelling structure would also be raised by approximately 1.5 feet and into conformance with the New York State base flood elevation requirement of 8'MSL in this FEMA AE -6 flood zone, thus providing the benefit of reducing the risk of damage to the structure as a result of flooding and erosion. Additional mitigation measures have also been included in the project design both to offset any potential impacts of the proposed construction activities and to improve upon existing site conditions and create a net environmental benefit upon project completion. Specifically, the project will result in an improvement to both groundwater and, ultimately, surface water quality as a result of the replacement of the existing nonconforming sanitary system likely resting in groundwater with a new, upgraded sanitary system with all of its components elevated at least 2 feet above groundwater. Additionally, a drainage system of leaders, gutters, and drywells will be installed to collect roof and site runoff; and all lawn areas located more than 4 feet seaward of the proposed pervious driveway are proposed to be replaced with an approximately 2,240 square foot buffer area of native plantings, which can serve both as a sink and filter for stormwater runoff and contaminants. By thus increasing on-site groundwater recharge, reducing lawn areas, and increasing the setback of lawn areas from wetlands, the potential quantity of site runoff reaching the adjacent tidal waters will be decreased, and the quality of any runoff that does reach tidal waters will be improved through a reduced concentration of potential fertilizers, pesticides, and insecticides. Together with the above noted design mitigation, these mitigation measures will protect and restore the ecological quality of the site through the protection of on-site wetlands; establishment of wetland buffers and enhancement of indigenous vegetation; and protecting and improving groundwater and surface water quality, all consistent with Policy 6. . 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. F-1Yes F-1No® Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ 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 PREPARED BY Amended on 811105 TITLECoastal Mgmt. Specialist DATEMarch 7, 2014 PETER BOGER, 717 PRIVATE ROAD #12 (AKA WINDY PT. LANE), SOUTHOLD Figure 1. Looking south at subject dwelling from Windy Point Lane (right) and at neighboring two-story dwellings and accessory structures at 705 Windy Point Lane (center) and 625 Windv Point Lane (left). ML Figure 2. Looking east at a) existing dwelling to be removed and shed to be raised; b) stakes demarcating corners of proposed dwelling, and c) neighboring two-story dwellings and accessory structures. PETER ROGER, 717 PRIVATE ROAD 412 (AKA WINDY PT. LANE), SOUTHOLD Figure 3. Looking northeast over driveway to be relocated at existing dwelling to be removed and at stakes demarcating corners of proposed dwelling and new, upgraded sanitary system. Figure 4. Aerial view of existing dwelling (center); neighboring dwellings and accessory structures; and surrounding tidal wetlands. Photo by Microsoft Corporation. -13AO T PROPE TOWN OF So, T- HOLM -OECO :C A OWNER STREET' VILLAGE DIST. SUB. LOT de -e- J -g FORMER OWNER N C E ACR. Ofn S w TYPE OF BUILDiNG RES. SEAS. VL FA comm. CB. MISC. Mkt. Value LAND IMP. \N TOTAL DATE i REMARKS allplAg— LJ6440V1- &40L Auu 00 1,91as --w L 4,-1- a 76 d AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Acre val(J6 Tillable I Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD House Plot DEPTH BULKHEAD Total IDOCK e s.. l 1 1�ONEon MIN nowNONE 0MEN"MEN NilM MESam,"IN INKFoundatiBasementInterior FinishRooms I st FloorRooms 2nd FicorWONriveway APPLICANT'S PROJECT DESCRIPTION Applicant: Peter M. Boger Date Prepared: March 7, 2014 I. For Demolition of Existing Building Areas Please describe areas being removed: Demolish complete existing one-story residence and abandon existing sanitary II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 32' x 28'; 830 sq. ft. Dimensions of new second floor: 32' x 28; 777 sq. ft. Dimensions of floor above second level: N/A Height (from finished ground to top of ridge): 31'-8.5" maximum Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: First Floor - 5'-0" above grade III. Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: one-story, seasonal cottage on brick piers, greater than fifty years old. Number of Floors and Changes WITH Alterations: Two-story, year-round residence with masonry foundation on timber pilings and upgraded sanitary system, North Fork "shingle style." IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 1,084 sq. ft. Proposed increase of building coverage: 15 sq. ft. Square footage of your lot: 13,580 sq. ft. (9,500 sq. ft. buildable land) Percentage of coverage of your lot by building area: Existing =11.41%; Proposed 11.56% V. Purpose of New Construction• To improve property to include modern, code compliant and hurricane resistant dwelling which can be occupied year round. VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): The property is essentially flat, but the low lying grade allows for the presence of tidal wetlands along the southem edge of the property and necessitates raising and retaining the proposed sanitary system to achieve the required separation distance a ove groundwater, both of which severely constrain and limit the area on the propertyw ere a dwelling can be located. Please submit eight (8) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Is the subject premises listed on the real estate market for sale? Yes x No B. Are there any proposals to change or alter land contours? No x Yes, please explain on attached sheet. See attached sheet. C. 1) Are there any areas that contain sand or wetland grasses? Yes 2) Are these areas shown on the map submitted with this application? Yes 3) Is the property bulkheaded between the wetlands area and the upland building area? No 4) If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? Yes Please confirm status of your inquiry or application with the Trustees: Site inspection - 2/13/13 and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? Yes E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? No Please show area of the structures on a diagram if any exist. Or state "none" on the above line. F. Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: G Please attach all pre -certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? No If yes, please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel one-story, seasonal, single family dwelling and proposed use Two-story, year-round, single family dwelling (ex: existing single-family dwelling, proposed: same with garage, pool or other) Authorizea STdnature and Date Robert E. Herrmann Coastal Management Specialist Peter Boger ZBA Application Questionnaire Attachment B. The grade in the area of the proposed sanitary system is proposed to be raised with retained fill for the purpose of elevating the new sanitary system 2' above the groundwater table. t Authorized s' ature & Date FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY No. ....2..17.......... Date .............1V1?I&1MhW ....1.1 e............19. tom... THIS CERTIFIES that the building located at pplvaty..soad.#8%8..Bwj.vlsv..PA6Street MapNo ..................................... Block No..................................... conforms substantially to the Application for Building Permit heretofore filed in this office dated ..................I.1317....... Z.3.x..............19..$1'., pursuant to which Building Permit No Z dated.......................IMIY....... 1346 ......... 19.5T.., was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ............ PMVATE DWEL ANG ......................................................................................................................................I......................... This certificate is issued to .... 113 AM....Boger..........(...amm..I................................................ (owner, lessee or tenant) of the aforesaid building. ............ ..... ...... Building Inspector ` . APPEALS BOARD MEMBERS Lydia A. Tortora, Chairwoman Gerard P. Goehringer George Homing Ruth D. Oliva Vincent Orlando BOARD OF APPEALS TOWN OF SOLTHOLD Southold Town Ha 53095 Main Roac P.O. Box 1179 Southold, New York 119' ZBA Fax (631) 765-5 Telephone (631) 765 - RECEIVED FINDINGS, DELIBERATIONS AND DETERMINATION JUL 2 9 W MEETING OF JULY 10, 2003 Appl. No. 5341 - PETER BOGER So o�k Property Location: 717 Private Road #12, Southold; CTM 87-". 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 11 category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicants parcel is located at the southerly end of Windy Point Lane and contains a total area of 13,153 sq. ft. The property is Improved with a dwelling and shall frame shed as shown on the April 8, 2002 survey prepared by John T. Metzger, L.S. Also shown on the survey is a 10 ft. wide right-of- way extending through the, applicants lot to the adjacent property now or formerly of Robert B. Boger and Susan L. Johnson, and wetlands adjacent to the Corey Creek shoreline. BASIS OF APPLICATION: Building Department's February 11, 2003 Notice of Disapproval, citing Section 100-33C (ref. 100-244B), in its denial of a permit to demolish an existing accessory shed and to construct a new accessory shed building at less than 35 feeffrom the front lot line. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 19, 2003, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal Inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant wishes to demolish the existing 8'1" x 6'6" shed located 1.5 feet from the northeast property line and build a new 8' x 12' shed three (3) feet from the northeast property line and at least 10 ft. from the northwest property line. The height of the shed is proposed at +-12 feet from the peak of the roof. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The property is a small waterfront area surrounded by other properties of the same square footage. Page 2 — July 10, 2003 Appl. No. 5341 — Peter Boger 87-44 at Southold 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 applicant wishes to build a new shed to replace the old shed, which was even closer to the private right-of-way than proposed. The applicant has a small lot of 13,153 sq. ft., which includes the area of a 10 ft. right-of-way and saltwater marsh area to the south of the house. There is no other room in the front yard to place the new shed. 3. The requested area variance is not substantial. In fact, the new 12' x 8' accessory shed is +-22 feet from the front yard line and about 10 feet from the right-of-way. 4. The difficulty was self-created at the time of purchase and when a new shed was planned and designed by the applicant. 5. There is no evidence to suggest that the grant of the setback variance for a small storage shed will have an adverse effect or Impact on physical or environmental conditions in the neighborhood or district. 6. Grant of the variance is -the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new shed, 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 267-13, motion was offered by Member Oliva, seconded by Chairwoman Tortora, and duly carried, to. GRANT the variance as applied for, as shown on hand -drawn sketch on the map of John T. Metzger, L.S. and applicant's sketch with shed dimensions dated 3-24-03. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may vlolate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Tortora (Chairwoman), Orlando, and Oliva. (Absent were Member Goehringer and Member Homing.) This Resolution duly adopted (3-0). Lydia A. ora, Chairwoman — Approved for Filing 7l p?�J /03 AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM. The form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239m and 239n of the General Municipal Law. 1) Name of Applicant: Peter M. Boger 2) Address of Applicant:. 2444 Rockville Centre Parkway, Oceanside, NY 11572 3) Name of Land Owner (if other than applicant) 4) Address of Land Owner: 5) Description of Proposed Project: See attached. 6) Location of Property (road and tax map number).717 Private Road #12 (aka Windy Point Lane, Southold 7) Is the parcel within 500 feet of a farm operation? t )Yes {X}No 8) Is this parcel actively farmed? { )Yes (X)No 9) Name and address of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. Name and Address 3. 4. 5. 6. (Please use back side of page if there are additional property owners .) 3 7 2014 SignituAtV Applicant Date Note: 1. The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the applicant at the time the application is submitted for review. • Peter Boger ZBA Application Description of Proposed Project: Demolish and remove existing, one-story, 928 square -foot, single family dwelling and attached decks and steps, and construct new, two-story, 824 square -foot, single family dwelling on raised foundation with covered entry, masonry walkway, and steps; raise existing shed; remove existing sanitary system consisting of two leaching pools in groundwater and install new sanitary system raised 2 feet above groundwater with concrete retaining wall and approximately 328 cubic yards of clean fill; install drainage system of leaders, gutters, and drywells; remove existing driveway and install new pervious gravel driveway and parking area; and establish in place of existing lawn areas located more than 4' seaward of proposed driveway an approximately 2,240 square - foot nonturf buffer to be planted with native vegetation, all as depicted on the site plan prepared by Samuels & Steelman Architects, dated March 5, 2014. 3/7/2014 Sign e of Applicant Date FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL TO: Samuels & Steelman (Boger) 25235 Main Road Cutchogue, NY 11935 Please take notice that your application dated January 17, 2014 DATE: January 28, 2014 For permit to demolish an existing single family dwelling and construct a new single family dwelling at Location of property: 1717 Private Road #12, Southold, NY County Tax Map No. 1000 - Section 87 Block 4 Lots 4 Is returned herewith and disapproved on the following grounds: The proposed construction on this non -conforming 13,580 square foot lot in the Residential R-40 District is not permitted pursuant to Article XXIII Section 280-124 which states that, on lots measuring less than 20,000 square feet in total size the minimum front yard setback is 35 feet and the minimum rear yard setback is 35 feet. Following the proposed construction, the dwelling will have a front yard setback of+/- 25 feet and a rear yard setback of+/- 32 feet. Cc: File, ZBA Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. Fee: $ Films Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No. 717 StreetPrivate Rd #12 (aka Wind Point Ln) Hamlet Southold SCTM 1000 Section 87 Block 4Lots) __± _Lot Size 13,580 s.f. Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: January28, 2014 BASED ON SURVEY/SITE PLAN DATED June 13, 2013 Applicants)/Owner(s): Peter M. Boger Mailing Address: 2444 Rockville Centre Parkway, Oceanside, NY 11572 Telephone: 718-240-4757 Fax: Email: pboger@ridgewoodbank.com NOTE: In addition to the above, please completed below if applicant is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: En -Consultants for (X) Owner ( ) Other: Address: 1319 North Sea Road, Southampton, NY 11968 Telephone: 631-283-6360 Fax: 631-283-6136 Email: rherrmann(denconsultants.com Please check box to specify who you wish correspondence to be mailed to, from the above names: ( ) Applicant/Owner(s), (X) Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED June 13. 2013 and DENIED AN APPLICATION DATED 1/17/14 FOR: (X) Building Permit ( ) Certificate of Occupancy ( )Pre -Certificate of Occupancy () Change of Use () Permit for As -Built Construction O Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article XxIll Section 280- Subsection 124 Article Section 280- Subsection Type of Appeal. An Appeal is made for: (�A Variance to the Zoning Code or Zoning Map. ( ) A Variance due to lack of access required by New York Town Law -Section 280-A. ( ) Interpretation of the Town Code, Article Section ( ) Reversal or Other A prior appeal (X)has, ( )has not been made at any time with respect to this property, UNDER Appeal No(s). 5341 Year(s). 2003 (P l e q s e be sure to research before completing this question or call our office for assistance) Name of Owner: ZBA File # REASONS FOR APPEAL (Please be specific additional sheets may be used with nreparer's signature notarized): (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detrimerrt to nearby properties if granted, because: See attached. (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: See attached. (3) The amount of relief requested is not substantial because: See attached. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: See attached. (5) Has the alleged difficulty been self-created? { )Yes, or k)No. See attached. Are there any Covenants and Restrictions concerning this land: { }No { }Yes (please furnish copy). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the con runity. Sworn to before me this 7th da of March .2014 r. ublic KIM H. STEPHENS NOTARY PUBLIC STATE OF NEW YORK COMMISSION NO. 5015939 QUALIFIED IN SUFFOLK COUNTY EXPIRES APGPST 2 .ivi3 P Signaturij& Appellant or Authorized Agent (Agent must submit written Authorization from Owner) Robert E. Herrmann Coastal Management Specialist Peter Boger "Area Variance Reasons" Page 1 of 3 1. Variance relief is required to maintain nonconforming front and rear yard setbacks to the principal dwelling structure on the property, although the construction of the proposed dwelling in place of the existing would result in an increase in the rear yard setback at the expense of a roughly equal decrease in the front yard setback. Specifically, the existing, seasonally used, one-story dwelling is located 30.8' from the front lot line and approximately 25 feet from the rear lot line, while the new dwelling would be located 25' from the front (a decrease of 5.8') and 32' from the rear (an increase of 7'). Therefore, the total number of feet of combined front and yard setback nonconformity would actually decrease by 1.2' (from 14' to 13') as a result of the project. Moreover, an existing side yard setback nonconformity of 3' would be eliminated by the project, as the proposed dwelling would be located 10' rather than 7' from the side property line. The grant of such relief will not cause an undesirable change to the character of the neighborhood because the construction of the new, two-story dwelling more suited for year round use is characteristic of other residential structures in this neighborhood, which over time have been enlarged and improved, thereby enhancing the appearance and property values of dwellings in the area. For example, the adjacent property to the north, 705 Windy Point Lane, contains 1) a two-story dwelling that replaced a one- story cottage with the benefit of variance relief (Case No. 3865, 1989) for insufficient side and rear (30') setbacks, and 2) a two-story garage that was constructed with the benefit of variance relief (Case No. 4153, 1993) for placement of an accessory structure in the front yard with an insufficient side yard setback of 5', where the side yard setback relief was granted to the Bogers' property line. The property located two parcels to the north, 625 Windy Point Lane, also contains a two-story dwelling and attached garage that replaced a significantly smaller one-story cottage with the benefit of variance relief (Case No. 3985, 1990) for insufficient side and rear (23') setbacks. It is worth noting that whereas the footprint of that dwelling increased substantially as a result of the nonconforming additions, the footprint of the subject dwelling would actually decrease by 104 square feet from 928 to 824. The grant of relief will also not cause a detriment to nearby properties because not only will the footprint of the dwelling get smaller, it will remain aligned with the adjacent nonconforming garage to its north and west of the primary dwelling on that property. Therefore, the dwelling will remain situated roughly in the same location, and the additional height would have no impact on any water views afforded by the dwelling on that property or any other. 2. Due to the small size (13,580 sf of total area; 9,500 sf buille land) and configuration of the parcel, including the angled front lot line, as well as the #resence of tidal wetlands, Sworn to before me this 7th day of March, 2014 Robert . Herrmann Coastal Management Specialist tary Public KIM H. STEPHENS NOTARY PUBLIC STATE C F NE 0 R K COMMISSION N0. 5015931 QUALIFIED IN SUFFOLK COUNTY EXPIRES A06UST 7, 20LI Peter Boger "Area Variance Reasons" Pae 2�of 3_ there is essentially only one location for a dwelling on this property. As it exists, the dwelling maintains nonconforming front and rear yard setbacks, and because of the need to install an upgraded sanitary system in conformance with the setback requirements of the Suffolk County Department of Health Services, the new dwelling must be shifted fartherfrom the rear lot line and closer to the front lot line, resulting in a more conforming rear yard setback but less conforming front yard setback, as detailed above. Thus, there is no feasible alternative that would provide the benefit of renovating the dwelling without the need for variance relief and also none that could further improve upon the existing nonconformities, including renovating the existing dwelling in place, as the existing dwelling would remain more nonconforming with respect to yard setbacks and would leave insufficient space to upgrade the sanitary system. As detailed above, due to the proposed realignment and reduction in the footprint of the new dwelling, the net result of the dwelling reconstruction would be a net reduction in the combined front and rear yard setback nonconformity of 1.2 feet and the elimination of the existing side yard setback nonconformity 3. The 3 feet of relief requested from the required 35' rear yard setback to the proposed 32' is not mathematically substantial (8.5%) and in fact represents a 7' improvement to the already nonconforming rear yard setback of 25'. The 10' of relief requested to reduce the existing front yard setback from 30.8' to 25' is mathematically substantial (28.5%) and represents a 5.8' decrease in the already nonconforming front yard setback. As noted above, however, there would be a net decrease in the combined front and rear yard setback nonconformity of 1.2', and the existing side yard nonconformity would be eliminated entirely, thus mitigating the new relief required with respect to Chapter 280. 4. Substantial mitigation measures have been included in the project design both to offset any potential impacts of the proposed construction activities and to improve upon existing site conditions in order to create a net environmental benefit upon project completion and ensure that the project will not have an adverse impact on the physical or environmental conditions on the site or in the neighborhood. Specifically, as noted above, the new dwelling, though two stories compared to one, has been designed with a dwelling footprint that is 104 square feet or roughly 11 percent smaller than the existing dwelling footprint, and total lot coverage would remain virtually unchanged, increasing by only 15 square feet. Although the location of the tidal wetlands boundary and the constrained size and configuration of this Sworn to before me this 7`h day of March, 2014 t Public KIM H. STEPHENS NOTARY PUBLIC STATE OF NEW YORK COMMISSION N0. 5015931 QUALIFIED IN SUFFOLK COUNTY EXPIRES A116UST 2, 20tJ i" Robert E. Herrmann Coastal Management Specialist Peter Boger "Area Variance Reasons" Pa e� 3 of 3 shallow parcel consisting of only 9,500 square feet of upland precludes the possibility of relocating the dwelling and farther from the wetlands, the proposed wetlands setback of 57' represents a 1'increase to the existing wetland setback of 56'. The new dwelling structure would also be raised by approximately 1.5 feet and into conformance with the New York State base flood elevation requirement of 8'MSL in this FEMA AE -6 flood zone, thus providing the benefit of reducing the risk of damage to the structure as a result of flooding and erosion. Perhaps most significantly, the existing, nonconforming sanitary system, which is likely sitting in groundwater, would be removed and replaced with a new sanitary system that would be raised so that all of its components would be situated at least 2 feet above groundwater, representing an opportunity for a substantial improvement to groundwater and ultimately surface water quality adjacent to the site. As additional mitigation for the project, a presently absent drainage system of leaders, gutters, and drywells is proposed to capture and recharge roof runoff; and all lawn areas located more than 4 feet seaward of the proposed pervious driveway are proposed to be replaced with an approximately 2,240 square foot buffer area of native plantings. A project limiting fence and staked haybales would of course be set in place to control and contain site disturbance during construction. Together, the slight landward relocation of the dwelling coupled with a reduction in its structural footprint; the installation of an upgraded, raised sanitary system and drainage system; and the establishment of the vegetated buffer will result in an overall improvement to both groundwater and surface water quality through improved treatment of effluent before it reaches the groundwater table; a reduction in potential roof runoff through capture and recharge by the drainage system; and improved capture and filtering of surface water runoff by the planted buffer before it reaches the tidal wetlands and surface waters of Corey Creek. 5. Together, the presence of tidal wetlands and the size and configuration of the property prevent placement of even a minimally sized dwelling in a conforming location on this property, which has been owned by the applicant's family since 1946 and long prior to the creation of Town zoning laws. Therefore the difficulty with siting any dwelling on this property without variance relief is not self-created. Sworn to before me this 7th day of March, 2014 ot* ublic KIM H. STEPHENS NOTARY PUBLIC STATE OF NEW YORK COMMISSION N0, 5015931 QUALIFIED IN SUFFOLK COUNTY FIPI ES A""UST L. 7Oa7 Robert Ellerrmann Coastal Management Specialist 4 Page 1 of 1 ,vim a—In p' , 50 '25 http://gis.co.suffolk.ny.uslrpsIESRI.ArcGIS.ADF. Web.MimeImage.ashx?ImgID=d33d5c9... 3/21/2014 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 14738-04275 PERMIT Under the Environmental Conservation Law (ECL) Permittee and Facility Information Permit Issued To: PETER BOGER 2444 ROCKVILLE CENTRE PKWY OCEANSIDE, NY 11572 (718) 240-4757 Facility Application Contact: EN -CONSULTANTS 1319 N SEA RD SOUTHAMPTON, NY 11968 (631)283-6360 H Facility: BOGER PROPERTY 717 WINDY POINT LNISCTM 1000-87-4-4 SOUTHOLD, NY 11971 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Facility Principal Reference Point: NYTM-E: 716.556 NYTM-N: 4546.352 Latitude: 41°02'22.6" Longitude: 72°25'25.1" Project Location: 717 Windy Point Lane Watercourse: Corey Creek Authorized Activity: Demolish existing dwelling, remove existing septic system and driveway, place fill, construct new dwelling, septic system and driveway and install stone walkway, steps and plantings. All work shall be performed in strict conformance with the plan prepared by Thomas C. Samuels, last revised 12/16/13, and stamped NYSDEC approved on 1/21/14. (CKW) Permit Authorizations Tidal Wetlands - Under Article 25 Permit ID 1-4738-04275/00001 New Permit Effective Date: 1/21/2014 Expiration Date: 1/21/2019 NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and all conditions included as part of this permit. Permit Administrator: MARK CARRARA, Deputy Regional Permit Administrator Address: NYSDEC REGION 1 HEADQUARTERS SUNY @ STONY BROOK150 CIRCLE RD STONY BROOK, NY 11790 -3409 Authorized Signature:. �.�—. ��— Date L// ?o c f- /'" Page 1 of 6 AM v NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-04275 EN -CONSULTANTS Habitat - TW CLAIRE K WERNER Distribution List Permit Components NATURAL RESOURCE PERMIT CONDITIONS GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: TIDAL WETLANDS 1. Notice of Commencement At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work. 2. Post Permit Sign The permit sign enclosed with this permit shall be posted in a conspicuous location on the worksite and adequately protected from the weather. 3. Concrete Leachate During construction, no wet or fresh concrete or leachate shall be allowed to escape into any wetlands or waters of New York State, nor shall washings from ready -mixed concrete trucks, mixers, or other devices be allowed to enter any wetland or waters. Only watertight or waterproof forms shall be used. Wet concrete shall not be poured to displace water within the forms. 4. No Construction Debris in Wetland or Adjacent Area Any debris or excess material from construction of this project shall be completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. No debris is permitted in wetlands and/or protected buffer areas. 5. No Disturbance to Vegetated Tidal Wetlands There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activities. 6. Storage of Equipment, Materials The storage of construction equipment and materials shall be confined within the project work area and/or upland areas greater than 75 linear feet from the tidal wetland boundary. Page 2 of 6 AM si NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-04275 7. Seeding Disturbed Areas All areas of soil disturbance resulting from the approved project shall be stabilized with appropriate vegetation (grasses, etc.) immediately following project completion or prior to permit expiration, whichever comes first. If the project site remains inactive for more than 48 hours or planting is impractical due to the season, then the area shall be stabilized with straw or hay mulch or jute matting until weather conditions favor germination. 8. Clean Fill Only All fill shall consist of clean sand, gravel, or soil (not asphalt, slag, flyash, broken concrete or demolition debris). 9. Department Jurisdiction The department retains jurisdiction of all regulated lands where fill has been permitted. Placement of fill shall not be used to alter the department's Tidal Wetland jurisdictional area at the project site. The area remains a regulated area subject to Tidal Wetland Land Use restrictions of 6 NYCRR Part 661. 10. Establish Vegetated Buffer To protect the values of the tidal wetlands, a permanent vegetated buffer zone shall be established. There shall be no disturbance to the natural vegetation or topography within the buffer area as shown on the stamped approved plans. 11. Area of Disturbance for Structures Disturbance to the natural vegetation or topography greater than 25 feet seaward of the approved structure is prohibited. 12. Straw Bales or Other at Tidal Wetland A row of staked straw bales or approvable erosion control devices shall be placed at the landward edge of the buffer area prior to commencement of any regulated activities and remain in place and in good, functional condition until the project is completed and all disturbed areas are stabilized with vegetation. 13. Runoff Directed to Upland Drywells Roof runoff shall be directed to drywells a minimum of 75 linear feet landward of the tidal wetland boundary for immediate on-site recharge. 14. Driveway/Parking Area of Pervious Material Driveway and parking areas shall be constructed of NYSDEC-approved pervious materials. 15. Direct Runoff Away from Tidal Wetland and Buffer Roads, driveways, and parking areas shall be graded to direct runoff away from tidal wetlands and protected buffer areas. 16. Sanitary Systems above Groundwater Sanitary system (bottom of tank and leaching pools) shall be located a minimum of 2 feet above seasonal high groundwater. 17. Contain Exposed, Stockpiled Soils All disturbed areas where soil will be temporarily exposed or stockpiled for longer than 48 hours shall be contained by a continuous line of staked haybales / silt curtains (or other NYSDEC approved devices) placed on the seaward side between the fill and the wetland or protected buffer area. Tarps are authorized to supplement these approved methods. Page 3 of 6 Aft NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-04275 18. Tidal Wetland Covenant The permittee shall incorporate the attached Covenant (or similar Department -approved language) to the deed for the property where the project will be conducted and file it with the Clerk of Suffolk County within 30 days of the effective date of this permit. This deed covenant shall run with the land into perpetuity. A copy of the covenanted deed or other acceptable proof of record, along with the number assigned to this permit, shall be submitted within 90 days of the effective date of this permit to Regional Habitat - TW NYSDEC REGION 1 HEADQUARTERS SUNY @ STONY BROOK 50 CIRCLE RD STONY BROOK, NY 11790-3409 Attn: Compliance 19. Conformance With Plans All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or applicant's agent as part of the permit application. Such approved plans were prepared by Thomas C. Samuels, last revised 12/16/13, stamped NYSDEC approved on 1/21/14. 20. State Not Liable for Damage The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 21. State May Order Removal or Alteration of Work If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 22. State May Require Site Restoration If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may lawfully require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 23. Precautions Against Contamination of Waters All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. Page 4 of 6 Aft obwo NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-04275 GENERAL CONDITIONS - Apply to ALL Authorized Permits: 1. Facility Inspection by The Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71- 0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. 2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. 3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a separate written application to the Department for permit renewal, modification or transfer of this permit. Such application must include gny forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. Submission of applications for permit renewal, modification or transfer are to be submitted to: Regional Permit Administrator NYSDEC REGION 1 HEADQUARTERS SUNY @ STONY BROOK150 CIRCLE RD STONY BROOK, NY11790 -3409 4. Submission of Renewal Application The permittee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations: Tidal Wetlands. 5. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to exercise all available authority to modify, suspend or revoke this permit. The grounds for modification, suspension or revocation include: a. materially false or inaccurate statements in the permit application or supporting papers; b. failure by the permittee to comply with any terms or conditions of the permit; c, exceeding the scope of the project as described in the permit application; Page 5 of 6 A& `I NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION M' Facility DEC ID 1-4738-04275 d. newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; e. noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. 6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of- way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. Page 6 of 6 W20-1 (887)--9d New .York State Department of. Environmen-ta-1 Conservation � NOTICE z The Department of Environmental Conservation (DEC) has issued permit(s). pursuant to the* Environmental Conservation Law for work -being conducted at this site.. For further information regarding the nature and extent of work approved .and any Departmental conditions on it, contact the Regional Permit Administrator listed below. Please .refer to the permit number shown when contacting the DEC.. Regional Permit Administrator Permit Number 1 + �73 S` �� s � � AMER EVANS Expiration Date NOTE: This notice is NOT a permit , PROPOSED PUBLIC WATER SERVICE LINE �g LINE OF ?5 FT SETBACK FROM TIDAL NETLANDS BOUNDRY PROPOSED GONTOURS� EXISTING CONTOURS RELOCATED DRIVEWAY EXISTING DRIVEWAY TO BE REMOVED 5 LIMIT OF PROPOSED _ LANDSCAPED BUFFER' - TEMPORARY STORM WATER RUNOFF CONTROL ME,45URE: PROPOSED HAY BALES 4 SILT FENCE." e2IRING CONSTRUCTION (SEE DETAIL) M Exi5TING NEIGHBORING BULKHEAD EXISTING STONE RIPRAP� Z' v' m N � o'm f MEAN HIGH WATER MARK WON—wo COREY GREEK N y Y Y Y Y Y Y V y Y Y RELOCA =v ' y Y Y Y Y y Y Y y Y V Y Y y y Y Y y SAND Y Y Y y Y Y y' )L Y y Y Y Y Y Y Y Y y y V V Y y V y y Y y Y Y Y \ Y Y V Y y y y Y Y \�Y oro n y Y Y Y ?O, • Y / Y V Y Y / V SITE P SCALE. 1"= 10' -0 MEAN HIGH WATER MARK - y Y SAL.TxMAR*H y It V/ ,/ Y Y y Y Y Y\ y Y Y Y Y Y Y y y Y Y Y V y Y Y Y Y / V Y y Y Y Y Y IL �\ Y Y Y Y r Y y 3 y Y Y V r tIN y y Y Y p0 SL o0 Os <, V L y Y h Y /y Tri Y Y Y y Y Y Y Y Y y Y Y �y0 LOT COVERAGE TABLE SITE DATA SITE AREA TOTAL: 15',580 of EXISTING WATER METERS SCTY i 1000.67-04-04 SITE AREA UPLAND FROM PROPERTY: 717 PIIvalo Road 012 TIDAL WETLAND BOUNDARY: 9„500 of ADDRESS SoudwM, MY 11971 OWNER: P ug- PROPOSED LANDSCAPED 244 R ides 115 Pkwy 1 AREA: 2,240 of Ou6lnido NY 11572 EXISTING SHED TO BE RAISED TO SITE: 13AN SQ FT. - 0.311 ACRES MEET NEW GRADE STRUCTURES EXISTING PERCENTAGE PROP05ED PERCENTAGE ZONING: R-40 HOUSE: 928 of 9.'i•i% 824 of 8b'1A5 REQUIRED 328 ry / SHIED: 101 of IA6% 1'7 of 1.06% SURVEYOR: Pom Surveymm,PC 4 PORCH: O O T2 of 0.16% 1230 TnveMr Sport DECKS:55 of 058% O O Soulbold . NY 11971 PERMANENT STORM INATeR RUNOFF WALKWAY: O O 102 of 1.0-1% LICENSE# 49616 `U CONTROL- MEASURE (ON. NEN TOTAL: 1064 of 11.41% 1099 of 1156% DATED July 25 2012 C ORYWR 1 S (SIZED FOR NOTE. EAE6PROPERTY IS LOCATED P III 3 1 O FLOOD O; A 2' RAINFALL (D911 (8 FT DIA x 2 FT "SITE AREA UPLAND FROM TIDAL WETLANDS BOUNDARY zone s AND C FEMA MAP S a5toscrnssri. HT) FOR RAINWATER RUNOFF FROM (NYSDISC ADJACENT AREA AND TOWN OF SOUTHOLD ELEVATIONS AND CONTOUR LINES ARE REFII(ENCED o, CUTTERS AT THE 19UWINS STRUCTURE BUILDABLE LAND)- x To 88 WETLAND TEST HOLE EL +29' BY ENCONSULLTTAN7% 5/25 )2. ANDS DELINEATED DRAINAGE CALCULATIONS LOCATION MAP —EXISTING OVERHEAD WIRES AREA OF NEW ROOF DW DRY VCLL AREA x RANFALL x RUNOFF FACTOR EXISTING NEIGHBORING M" N 624 SF x (2n2 FT) x Lo = 186 CU. FT. RETAINING WALL (2) CU e' DIAMETER x r MGH Pool (2) W x 2' STORM ORAD( RING = 169 CU. FT. d PROVIORELURt� ® i 169 G). FT. > 196 CU. FT. Ra LINE OF FOOTPRINT OF 4126 SF ISTIN6 2 STORY HOUSE TO BE J3 -LOVED ! _ ' EXISTING UTILITY POLE PROPOSED NEW SEPTIC SYSTEM FOR A 5 BEDROOM RESIDENCE - (U 1200 GAL SEPTIC TANK (ST) IO FT VIA x2FTLD (5) 8' DIA x 2' HIGH LEACHING POOL (LP) - FUTURE LOCATION FOR (5) 8' DIA x 2' HIGH LEACHING POOL (EXP) am TEST HOLE BY MARK UcDONALD NEW YORK 11971 LOCATION OF EXISTING SANITARY TEST NOLEDATA 10(4492 LEY+2A' SYSTEM TO Be REMOVED MEAN HIGH WATER MARK WALL PF EL 610 Fr WE UNE ELEVATION 6b Fr. GRADE UNE ELEVATION 26x8 Fr. PIM Y MAX 5EPTIG TANK moo, IE. +5S E i y e' SEPTIC PROFILE (N.T.S.) SLOPE °J6: —625 FT POOL �ROUD_� THL 10 i Is, 5.95FT. T., V- ~ ;i4 WTor OF mz:65 CORY RETAININ6 WALL BOUND iMYBNL6 (AsUr TDW( WATERFROOPN6AGGIWNs BALB ntlNlL» 91LT Tre IRC [ IIAYBA{.E M No OPOVE SEATHROUSH. HAYBALE DETAILS 1 VLTA) AGENCY APPROVALS . WATERPROOF CONC. RETAINING WALL, APPROX 5 FT 1416H ABOVE GRADE 1.9 FT. BROWN CLAYEY SAND 1 A EXISTING CONTOURS 9.0 WATER IN BROWN CLAYEY SAND SC ry LINE OF 15 FT SETBACK FROM TIDAL METLANDS BOUNDARY 20 FT. WATER IN BROWN SILTY SAND SM d AREA OF FILL, APPROXIMATELY 528 CY, CLEAN SAND FILL SHALL BE TRUCKED IN FROM AN APPROVED 26 Fl. WATER N BROWN FINE 8AND 8P COIYEIRS: WATER ENCOUNTERED += S UPLAND SOURCE TO RAISE PROPOSED SANITARY IN BELOW SURFACE, ELEV+IN G 5SYSTEM nal< oC�O�`DlAiSDOrc5n` i[�uTEppp y � OF CONC. RETAJNING yALL, APPROX 5 FT HIGH ABOVE 6RADE A+rNrDa / Oc rcnxlr �a1�7i8171t Sao 1 -- PROPOSED CONTOURS NOTE re, LANDSCAPED BUFF -- LIMIT OF PRDPO�aED LANDSCAPED BUFFER* s The arum to be estal7lished as landscaped buffers shall be planted with native vegetation and maintained pursuant to the Fora ME V PROPOSED LANDSCAPED BUFFERS definition of 9arndscaped buffer' set forth in Section 2683 of Baum MAYBALE (APPROX 440 SF) the Southold Town Godo, t e., 'A land area of a certain length PROPOSED 20 ft. WIDE NON -TURF BUFFER and width Which Is planted withthdrought-tolerant vegetation similar to that found A the hvwdate proximity Of � N„ KIMSAND. TO CONSIST O- UN -VEGETATED GLEAN the percel. Vegetation shall be Installed In sufficient densities, e• Be oW GRADE (APPROX 500 SF) to achieve 95% ground cover within two years of Installation. - �TIDAL METLANDS BOUNDARY Survival of plm,od vegetation shall be 90% for a period of / DELINEATED BY EN-C.�IJLTANTS 5/25/12 three gears. Maintenance activities within the buffer are Ilmited (FROM SURVEY BY PECONIC SURVEYORS, to removing vegetation which Is hazardous to life and property, ` VV ria �8, O M PG DATED "1/25/12) trimming tree [bibs up to a height of 15 feet to maintain ♦ rom 1O' MAX rAc6 vlewsheds, replanting of vegetation, and establishing a four -foot -wile access path constructed of pervious material for access to the water body.* MEAN HIGH WATER MARK WALL PF EL 610 Fr WE UNE ELEVATION 6b Fr. GRADE UNE ELEVATION 26x8 Fr. PIM Y MAX 5EPTIG TANK moo, IE. +5S E i y e' SEPTIC PROFILE (N.T.S.) SLOPE °J6: —625 FT POOL �ROUD_� THL 10 i Is, 5.95FT. T., V- ~ ;i4 WTor OF mz:65 CORY RETAININ6 WALL BOUND iMYBNL6 (AsUr TDW( WATERFROOPN6AGGIWNs BALB ntlNlL» 91LT Tre IRC [ IIAYBA{.E M No OPOVE SEATHROUSH. HAYBALE DETAILS 1 VLTA) AGENCY APPROVALS 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing Part I - 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 I 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 I - Project and Sponsor Information Name of Action or Project: Boger Residence Project Location (describe, and attach a location map): 717 Private Road 912 (aka Windy Point Lane), Town of Southold, Suffolk County; SCTM #1000-87-4-4; property is located at south east end of Pivate Road (aka Windy Point Lane); location map attached. Brief Description of Proposed Action: Demolish and remove existing, one-story, 928 square -foot, single family dwelling and attached decks and steps, and construct new, two-story, 824 square -foot, single family dwelling on raised foundation with covered entry, masonry walkway, and steps; raise existing shed; remove existing sanitary system consisting of two leaching pools in groundwater and install new sanitary system raised 2 feet above groundwater with concrete retaining wall and approximately 328 cubic yards of clean fill; install drainage system driveway and install new pervious gravel driveway and parking area; and establish of leaders, gutters, and drywells; remove existing in place of existing lawn areas located more than 4' seaward of proposed driveway an approximately 2,240 square -foot nonturf buffer to be planted with native vegetation, all as depicted on the site plan prepared by Samuels & Steelman Architects, dated March 5, 2014. Name of Applicant or Sponsor: Telephone: 718-240-4757 E -Mail: pboger@ridgewoodbank.com Peter M. Boger Address: 2444 Rockville Centre Parkway City1PO: State: Zip Code: Oceanside NY 11572 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 X 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: X NYS DEC, SCDH 13,580 s.f. 3.a. Total acreage of the site of the proposed action? +/-9,500 s.f. b. Total acreage to be physically disturbed? c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? 13,580 s.f. 4. Check all land uses that occur on, adjoining and near the proposed action. ❑ Urban ❑ Rural (non -agriculture) ❑ Industrial ❑ Commercial ® Residential (suburban) ❑ Forest ❑ Agriculture ® Aquatic ❑ Other (specify): ❑ Parkland Page 1 of 4 5. Is the proposed action, a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? NO YES N/A X X 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? NO YES X 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: NO YES X 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 X X X 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 X 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: NO YES X 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: A new, upgraded on-site septic system is proposed NO YES X 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 X X 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 X X 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 ® 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 X 16. Is the project site located in the 100 year flood plain? NO YES X 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 systems (runoff and storm drains)? If Yes, briefly describe: ❑ NO ❑ YES NO I YES X Page 2 of 4 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 X small to large impact impact 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 X occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations. 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 X 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)? Ji I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: bert E. Herrmann, Coastal Mgmt. Specialist Date: March 7, 2014 Signature: _ - �;; 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 I 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. 2. Will the proposed action result in a change in the use or intensity of use of land? 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? 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? 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, architectural or aesthetic resources? 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 I 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. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from Responsible Officer) Page 4 of 4 No, or Moderate small to large impact impact may may occur 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? 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 I 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. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from Responsible Officer) Page 4 of 4 EN -CONSULTANTS TO WHOM IT MAY CONCERN: This letter will authorize En -Consultants to access my property for the purpose of evaluating and/or delineating wetlands and other environmental features and/or making official inquiries on my behalf and/or representing me and acting as my agent for the purpose of securing regulatory approvals and related matters. A, &,t,, Signature V ETE — M. t304,6 -Q— Print Name Nov, \y 2012 Dated ......................... . - -- --- - �ndU ,,C L;no-r.p`prl: _.. '�'Gi k bel 6�, APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: e a ti Ea, P ET E2 1M . (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: Change of Zone 0 Approval of Plat Exemption from Plat 0 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. YES I NO Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non -corporate entity (when the applicant is not a corporation); 0 C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. 11CLIyhi109183mejW-7Q1l.VK43zMa[I_U Submitted this N day of iS OV. Z o 1L Signature: 2n . &,,-- Print Name: E E0.T M, E3o c jQ AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM YOUR NAME Herrmann, Robert E. dba En--Consd=tS name, fi name, middle initial, unless you are applying in the name of someone ase or company. it so, indicate the other person's or company s name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Variance Change of Zone. Approval of Plat Other (activity) XXX Building Permit Trustee Permit Coastal Erosion Mooring Planning , such as a Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in 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 that 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) Q an officer, director, partner, or employee of the applicant; or D) the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this 7t day of March 2014 Signature Print Name Robert E. errmann BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider http://southoldtown.northfork.net Mf, L 2 105 -/, 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 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6741 Dear Mr. Terry: March 25, 2014 We have received an application for demolition and construction of a new single family dwelling in Southold. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson Encls. SURVEY OF PROPERTY AT BAYVIEW �� L TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK 1000-87-04-04 SCALE: 1"=20' / JULY 25, 2012 lib?00 y y WATER , METERS -n S c3D �i • �i N 4' � � d d / \ `N1 fir/ Ql,��I�� fes. \ 5� 4 z 1 J O Y Y Y Ys. \`. 1 : IL �'�i .� Y y it IL v - \ Wt Y y y Y y Y �\ ` 3 cZ Y Y ` % O ,YY Y Y Y 1L Y y y Y�Y �\ q^. Y Y • V Y Y Y � �r �� y AY Y it Y y YY `1Y Y ' • Y Y g • Y Ply Y �� Y Y 1L 1 Y Y it Y Y Y IL it- '� '. Y Y Y Y Y Y y Y'• � �•! Y � Y y Y Y y 0 4t Y Y Y Y' rq��\rte y Y Y Li IL �* Y Y Y Y . Y Y Y y AREA=13,580 S.F. Y o� TO TIE LINES Y Y NOTE: PROPERTY IS LOCATED ENTIRELY IN FLOOD ZONE AE 6 FROM FEMA MAP # 36103C0166H. Y ELEVATIONS AND CONTOUR LINES ARE REFERENCED TO NAVD.'88 8618y X = WETLAND FLAG; TIDAL WETLANDS DELINEATED �4� S. LIC. NO, 49618 BY EN—CONSULTANTS, 5/25/12. OECONIC S RS, P.C. (631) 765— 5020 FAX: (631) 765-1797 ANY ALTMAnU1 0R AXIT NI To TM SEAVEr ZS A VZO ATION P. 0. BOX 909 OF SECnDV 7209 LF' M WV VOW STATE ERrCATM LAV. EXCtPr AS PM =T= 7x09-SL=WSM 2 ALL CERTF7CAnnVS 1230 TRAVELER STREET SAW MAP WON � ES � � COPES AND �M� OR SOUTHOLD, N.Y. 11971 9 WHOW SA MUM APPEARS ►� O !.. 5 II --------I /11p ------ II 1 II I I I II ASTER II Wf.LK_IN I BATH O� ii G�O5ET O II O I n n I II Island I I I I R%F I I I I n II SECOND, SCALE: 1/4" =1' -0" 820 5F DN WEST ELE 0" 32'-0" AN FIRST F SCALE: 1/4" =1' -0" 8205F W W 'u> z �� 0 LL ° z0D O ° cf) cf)CNF D a co ° z w o w V Q W U > W CID C' _0 TZ •� Z. co Q• l7 n Jam• r �r-- o W J• W C z sC R z �W•�y�o L N �ryyQgq t W • N U •l�j^}f r Q �""' • V N N• PROJECT NO: 1209 DRAWN BY: TS CHECKED BY: DATE: 10/28/13 SCALE: 1/411 = 1' - 0" SHEET TITLE: PLANS ELEVATION SHEET NO: "WINDY POINT RD." LOT COVERAGE TABLE 50' PRIVATE ROAD) ) SITE AREA TOTAL: 13,580 sf SITE DATA EX15TINC WATER METERS SCTM # 1000-87-04-04 ... 51TE AREA UPLAND FROM PROPERTY: 717 Private Road X12 TIDAL WETLAND BOUNDARY: 11,500 sf ADDRESS Southold, NY 11971 ,., PROPOSED PUBLIC WATER SERVICE LINE OWNER: Peter BogerPkwy .. f D:•PROPOSED LANDSGAPi=D oc vl a enter BUFFER AR Oceanside NY 11572 2,240 of ' - EXISTING SHED TO BE RAISED TO SITE: 13,580 SQ. FT. = 0.311 ACRES A# MEET NEW GRADE ZONING: R-40 LINE OF '15 FT SETBACK FROM 'a' - F;>: - STRUCTURES EXI5TING PERCENTAGE PROP05ED PERCENTAGE TIDAL WETLANDS BOUNDRl'`'` ' a :ter -{ = HOUSE: 1128 sf 1i.-1-1% 824 sf 8.61% FILL: 328 cy REQUIRED SHED: a��,,-�:. - 101 sf I.O6% 101 sf I.06% PROPOSED CONTOURS _``_ -< K- '= /� i PORCH: 0 O �2 sf econ c Surveyors, O.i6% F,= :. . ••. ••=�--'� - , 4 _____--_ _== 3 1230 Traveler Street DECKS: EXISTING CONTOURS _ 55 sf 0.58% O O Southold, NY 11971 PERMANENT STORM WATER RUNOFF NALKAY: 0 0 102 sf 1.0-1 % LICENSE ; 49618 W RELOCATED DRIVEWAY _ Y '' N f-} "v - ---= v� CONTROL MEASURE (DW): NEW TOTAL: 1084 sf 11.41% 10gCI sf 11.56% DATED July 25 2012 - _,._;..., NOTE: PROPERTY IS LOCATED ENTIRELY IN FLOOD :.= ....:.. UNDERGROUND DRYWELLS SIZED FOR EXISTING DRIVEWAY TO BE REMOVED 3 ZONE AE 6 FROM FEMA MAP # 36103CO166H. '` `�-'`'' "''' ` : �< �' A 2" RAINFALL (DYi) (6 FT DIA x 2 FT "SITE AREA UPLAND FROM TIDAL WETLANDS BOUNDARY ' - O HT) FOR RAINWATER RUNOFF FROM NY5DEC ADJACENT AREA AND TOWN OF SOUTHOLD ELEVATIONS AND CONTOUR LINES ARE REFERENCED LIMIT OF PROPOSED GUTTERS AT THE BUILDING STRUCTURE '� TO NAVD.'88 o BUILDABLE E LDABL LAND) LAND50APED BUFFER ; :` _ �- _ �'r - X WETLAND FLAG; TIDAL WETLANDS DELINEATED ' TEST HOLE EL +2.8 BY EN—CONSULTANTS, 5/25/12. EXISTING OVERHEAD WIRE5TEMPORARY STORM WATER RUNOFF CONTROL DRAINAGE CALCULATIONS MEASURE • PROP 05ED HAY BALES � SILTT FENCE _ - NEW HOUSE WILL BE RAISED +I.S FT AREA OF NEW ROOF DW LOCATION MAP SEE DETAIL '• DURING CONSTRUCTION .-��- _....; , -'.. ,' .,•_ __:_-_ ______-__:_ -_:_ __:-__-___=_-_:__ ( ABOVE THE EXISTING GRADE DRY WELL AREA x RAINFALL x RUNOFF FACTOR V& `! J = ..... /. '= - _:_;::_::_:..::.:.-._:.:,;;.,.-._:.;_;:< :. DW 824 SF x (2/12 FT.) x 1.0 138 GU. FT. Mai •. _ _=-==- ==- - USE: 2 8 DIAMETER x 2 HIGH POOL n t v - _-__------ - P SED ( � w PROPOSED RELOCATED - EXISTING NEIGHBORING (2) 8 X 2 STORM DRAIN RING - I641 GU. FT. e .R 10 FT RIGHT OF WAY - .,;.. , ;: �-�' TO Y .::::>:_;':>_:>:::_::; \ RETAINING WALL PROVIDED REQUIRED C.11 ° - 169 GU. FT. > 158 GU. FT. ° r ¢ o it DEN --_ -_-- __-- � a I " •' `- '`'�'`' °`INE OF FOOTPRINT OF 1128 S X S G . .. I TIN / 2 STORY HOUSE TO BE REMOVED - - _ FOUNDATID o 3 ............ < , - -- - - ON _TIMBER ___ _`_;:-_: a i. ... J.• - - - -- = V � -•'• : _ EXISTING UTILITY POLE I , .0 � SITE EXISTING === ==_= =_== NI O I - _ E 6HB RN6 PROPOSED NEW SEPTIC SYSTEM BULKHEAD FOR A 3 BEDROOM RESIDENCE 0. (1) 1200 GAL SEPTIC TANK (5T) \\ 10 FT DIA x 2 FT LD ST o - (5) 8' DIA x 2' HIGH LEACHING POOL (LP) EX 15T1 N6 STONE R I PRAP z = I y� = 6 • L - FUTURE LOCATION FOR (5) 8 DIA x 2 .. TEST HOLE MARK McDONALD HIGH LEACHING POOL (EXP) GE GEOSCIENCE ►? 4SOUTHOLD LOCATION OF EXISTING SANITARY NEW YORK 11971 EXP 1- 1 TEST HOLE DATA 10/4/12 ELEV +2.8' ' / J SYSTEM TO BE REMOVED WATERPROOF GONG. RETA I N I N6 WALL, MEAN HIGH WATER MARK _ ':': ' _ O O APPROX. 3 FT HIGH ABOVE GRADE EXISTING CONTOURS RELOCATE IVEWAY LINE OF -15 FT SETBACK FROM - .`': �'' TIDAL WETLAND5 BOUNDARY =f ~ ` AREA OF FILL APPROXIMATELY 328 GY GLEAN SAND -- .> i i 1.0 FT. DARK BROWN LOAM OL 1.8 FT. BROWN CLAYEY SAND SC 9.0 FT. WATER IN BROWN CLAYEY SAND SC 20 FT. WATER IN BROWN SILTY SAND SM 28 FT. WATER IN BROWN FINE SAND SP N � \ =u.�> COMMENTS: WATER ENCOUNTERED FILL SHALL BE TRUCKED IN FROM AN A UPLAND 5OURGE TO RAISE PROPOSED SANITARY 1.8' BELOW SURFACE, ELEV +1.0' ` / - ' <r-`''' 5 SYSTEM SAND WATERPROOF GONG. RETAINING WALL PROPOSED LAND50AFED BUFFERS - _ �•�� 1 APPROX. 3 FT HIGH ABOVE GRADE (APPROX. 1,300 SF) _-`� I --__ PROPOSED CONTOURS NOTE re: LANDSCAPED BUFFER EDGE OF MARSH �The areas to be established as landscaped buffers shall be WIRE FENCE Al LIMIT OF PROPOSED LANDSCAPED BUFFER FILTER CLOTH \� planted with native vegetation and maintained pursuant to the PROPOSED LANDSCAPED BUFFER* definition of "landscaped buffer" set forth in Section 268-3 of BOUND HAYBALE V �L V V V (APPROX. 4110 5F) the Southold Town Code, i.e., "A land area of a certain length PROPOSED 20 ft. WIDE NON -TURF BUFFER and width which is planted with indigenous, drought -tolerant —�TO CONSIST OF UN -VEGETATED GLEAN vegetation similar to that found within the immediate proximity of FILTER CLOTH MIN. ,., -.E Flow r, V SAND. (APPROX. 500 SF) the parcel. Vegetation shall be installed in sufficient densities 6" BELOW &R.ADE to achieve 115% ground cover within two years of installation. y i ,. rn �� TIDAL WETLANDS BOUNDARY Survival of planted vegetation shall be c10% for a period of V DELINEATED BY EN -CONSULTANTS 5/25/12 three years. Maintenance activities within the buffer are limited �'` �\ `/� �4o,� to removing vegetation which is hazardous to life and property, METAL WIRE FENCE w/ (FROM SURVEY BY i=EGONIG SURVEYORS, g g p p y FILTER CLOTH AND METS CiOREY S/AL-TvM/AR!H � � � ho PG DATED "1/25/12) trimming tree limbs up to a height of 15 feet to maintain � POSTS IO' MAX SPACING V V ,�• viewsheds, replanting of vegetation, and establishing a .4 �i E K four -foot -wide access path constructed of pervious material ' t'�t ht ,.. \ for access to the water body." '� � t �` \00 t . V BUILDING WALL FF EL 8.0 FT 00% ANGLE STAKE INTO GRADE LINE ELEVATION 6.6 FT. 1 00 � �® � PREVIOUS BALE aL � � / 10 .� \L GRADE LINE ELEVATION ±6.85 FT. SLOPE 5% OR t ly F FLOW �L1' MIN. 2' MAX. 6.25 2" REBAR,sTEEL PICKETS FT ",•k �'� O2"2N X 2" STAKES 1N GROUND DRIVE/2 GRADE EL: 5.'15 FT. � FLUSH W/ TOP OF BALES 1/4 /FT. - 9. r �[ wp 1/8"/FT, TOP OF POOL GONG G W RETAININALL —'• w " BOUND HAYBALES (ABUT TO 5.25 FT. W/ WATERPROOFING k y,. ADJOINING BALE TIGHTLY) V_ �, %• V o SEPTIC �. _ ' �� ,;� LEACHING - TO BE• SCALE. 1 1 0 �� ' 01' �. ry TANK POOL EXIST. GRADE 2.9' SOIL MINIMUM OF EMBEDDED AND BMIN 5 LL / IE. +5.6 IE. +5.0 BOT OF POOL PLACED HORIZONTALLY 525 FT. �[ �[ IE. +5.5 IE. +4.92' WRAP SILT FENCE UNDER HAYBALE I N N GROUND WATER AND DRIVE STAKE THROUGH. ELEV I.O FT MEAN HIGH WV_ MEAN HIGH WATER MARK 5' 8' HAYBALE DETAILS � � '� V_ WATER MARK SEPTIC PRdFILE (N.T•s.) EDGE OF MARSH V_ V (N.T.S.) AGENCY APPROVALS REVISIONS �6�/13ASANDY 5/5/14 `0 I W Z 0 J O I- O KS Z • CD ��//�� V) Q • t r. M J Z • ow (.i M W LU �Q�LL = W'nou)ui aNno W • N0� Q ti y0• v Q,,�OF NSwy g,Sit o�Pg C. /, s � 12 018350_1 G� 'F R PROJECT NO: 1209 DRAWN BY: UT CHECKED ■Y: TS DATE: June 13, 2013 SCALE: 1" =10'-0" SHEET TITLE: SITE PLAN SHEET NO: II*m*&Ã-Ã4¬%¸aímß·ëí¥ l%ìÒW^Ãl§ÂU½vÒÐa(ixo}îÉÁ0ðx$ª¿m+.<7ÒW¡vËá$Á$¿í¤é1I¨}Õð¸mäo] §ï¶ôûÿý7¡ *õÝ-Â\?¤Þ¶ét_öÒxL/ ëUø~KþÚVÂ /k×ýÞB¯à +L ìÐRËã( Xg;R()