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TR-9263
Glenn Goldsmith,President QF SOUrTown Hall Annex Michael J.Domino,Vice-President ,`O� ��� 54375 Route 25 P.O. Box 1179 John M.Bredemeyer III Southold,New York 11.971 A.Nicholas Krupski G Q Telephone(631) 765-1892 Greg Williams �� Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE 1728C Date:July,15,2020 { THIS CERTIFIES that the demolition of an existing 889sq ft one-story dwelling 210sa.tt.detached =,garage and abandon existing septic system construct a 1442sq ft two-story dwelling witha proposed at grade 6'x28'(168sq ft)deck against the landward edge of the bulkhead,•a proposed 576sa ft detached garage;install a new septic system 120' from wetland boundary and to install two(2)6'x5' dawells td contain roof runoff'on the dwelling and'one(1)6'x5' drys=yell to contain roof runoff on the new detached garage;with the condition that if issues'arise with the Building-Department relative to the deck,applicant must amend the peimit;as-built 2'x8' second story cantilever over existing asbuilt 51x10'wood steps• as-built 5'x7'entry stoop 5'x10'wood steps,in replacement of existing concrete walkwgy,as-built 16'x20' on-grade paver patio,•construct 20.2'x24.3' one-story framed garage,in lieu of previously gpproved 24'x24' garage,installation of two(2)6'x4' dWyells in lieu of previously approved two(2)6'x5'drywells•as-built 4'x7'platform supporting two air-conditiomna units-,as-built 4'x6' outdoor shower on landward side of'house•as-built 3'x4''eenerator`Did;and for the 83' long stone wall land kard of the existing dwelling; At 580 Terry Path,Mattituck Suffolk County Tax Map#1000-123-6-20 Conforms to the application for a Trustees Permit heretofore filed in this office Dated May 11,2018 pursuant to which Trustees Wetland Permit#9263 Dated June 20,2018,was issued and Amended on July 15,2020 and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is demolition of an existing 889sq_ft.one-story dwelling, 210sq_ft detached garage and abandon existing septic system,•construct a 1 442sa ft.two-story dwelling with a proposed at grade 6'x28' (168sq ft)deck against the landward edge of the bulkhead;a proposed 576sa.ft.detached garage install a new septic system 120' from wetland boundary+•and to install two(2)6'x5'drywells to contain roof runoff on the dwelling and one(1)6'x5' drfwell to contain roof runoff on the new detached garage,with the condition that if issues arise with the Building Department relative to the deck applicant must amend the permit; as- built 2'x8' second story cantilever over existing as built 5'x10'wood steps•as-built 5'x7' entry stoop,5'x10'wood steps in replacement of existing concrete walkway as-built 16'x20'on-grade paver patio;construct 20.2'x24.3' one story framed garage in lieu of previously approved 24'x24' garage•installation of two(2)6'x4' domells,in lieu of previously approved two(2)6'x5' drywells• as-built 4'x7'platform supporting two air-conditioning units,as- built 4'x6' outdoor shower on landward side of house,•as-built 3'x4' generator pad;and for the 83' long stone wall landward of the existing dwelling. The certificate is issue o Kevin Whitrock owder of the aforesaid property. L Authorized Signature Glenn Goldsmith,President QF S0(/jy Town Hall Annex Michael J.Domino,Vice-President ,`O ��� 54375 Route 25 P.O.Box 1179 John M.Bredemeyer III l Southold,New York 11971 A.Nicholas Krupski G Q Telephone(631) 765-1892 Greg Williams %� �� Fax(631) 765-6641 COU BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD July 16, 2020 Robert W.Anderson Suffolk Environmental Consulting, Inc. P.O:,Box 2003 Bridgehampton, NY,.11932 RE:, KEVIN WHITROCK 580 TERRY PATH, MATTITUCK SCTM#: 1000-1-23-6-20 Dear Mr. Anderson: The following action was taken at the Southold Town Board of Trustees regular meeting held on Wednesday,-July 15, 2020: RESOLVED, that the Southold Town Board of Trustees APPROVE the Administrative Amendment to Wetland Permit#9263 for the as-built 2'x8' second-story cantilever over existing as-built 5'x10' wood steps; as-built 5'x7' entry stoop, 5'x10'wood steps, 'in replacement of existing concrete walkway; as-built 16'x20' on-grade paver patio; construct 20.2'x24.3' one-story -framed garage; in lieu of previously approved 24'x24'•garage;,installation of two (2) 6'x4' drywells in lieu ofrpreviously approved two (2) 6'x5' drywells; as-built 4'x7' platform supporting two air-conditioning units-,as-built 4'x6'' outdoor shower on landward side of-house; as-built 3'x4' generator pad; and for the 83' long stone wall landward of the existing dwelling; and as depicted on the survey prepared by Peconic Surveyors , last dated December 23, 2019, and stamped approved on July 15, 2020 Any other activity within 100' of the wetland boundary requires a permit from this office. This is not a determination from any other agency. If you have any questions, please contact our office at (631) 765-1892. Sincerely, Glenn Goldsmith, President -- Board-of-Trustees-- ----- --------- ----- ----- -- GG/dd SURVEY OF PROPERTY AT MIA TTITU"CK SCDHS REEif PRE-18-0999 F E Q 3 2020 TOWN OF SOUTHOLD -" - SUFFOLK CO U''.111"'T Y, N. Y. 1000-123--06-20 VACANT SCALE: 1'=30' Abandoned Agricultural Land JANUARY 2, 2013 JUNE 27, 2017 AUGUST 22, 2017 (PROPOSED HOUSE) NOVEMBER 28, 2017 (REVISIONS) TERRY PATH (PRIVATE ROAD) I cr APRIL 3, 2018 (REVISIONS) N/0/F CHARLES & o JULY 31, 2018 (SCDHS COMMENTS) (PUBLIC WATER IN ROAD) ASPHALT ROAD o AUGUST 14, 2018 (SCDHS COMMENTS) ta'0+ I"-' ASPHALT DOROTHY OLDANI N/O/F WILLIAM LASCELLE FEBRUARY 12, 2019 (FOUND. LOC.) & ELIZABETH RICHARDS S8 '09'00" ' DECEMBER 23, 2019 (FINAL) 3 .40' 3.3+ 1 2+ 367.00' 45.00' 1 45.00' I 45.00' 45.00' WATER 81.00' I METER I I I t ' DWY. EDGE I I I I 0.VE APPROVED BY ' BOARD OF TRUSTEES I I I I CB TOWN OF SOUTHOLD i � ► , I I I I DATE I ► 01 Z I I I It V ' N I I I I O I I I I 02 ® DWY. EDGE ' 0°2'E rn CS I I I I LI I I I I I I I I I I I I I c � � I n I I I I U) i BOO ;LIZ I I I c v r.. t C ' r � O C I C) I rr,' g I � y i c , _ z v l 12.2' Z D I m ...ft i A I 0 _ SHED 2°6' \ � USG v I I I I PROPANE f 3.1 TANK D y 1 r:r,Il:.. z�' I �Q c CB ICONCRETE C TRENCH 5.8' DRAIN TEST HOLE DATA 20.2' TIMBER McDONALD GEOSCIENCE CURB 1 STY. 05/02/2017 GF EL. 9.1' DARK BROWN LOAM OL TIMBER j TIMBER CURB O.L. ELEC SEP11C LOCATION c� CURB . BROWN CLA YEY SAND SC > METER GEN. PAD ST 44.6' 44.6' �x' BROWN FINE TO COARSE SAND SW r rJ 4..I WALLCONC. 7' G1 57.6 55' 2 G3 0 o G4 PALE BROWN FINE SAND SP G2 54.6 56.6' G', X o 81 � G1 0 �0 G2 G3 67.6' 65.1' 0 0 IEE WATER IN PALE BROWN FINE SAND SP G4 65' 67' FE m METAL I0.eE 0.4'W COVER m NOTE: MEASUREMENTS FROM BUILDING ST x_ 17 CORNERS TO ACCESS COVERS g' ST Z NOTE. WATER ENCOUNTERED 8.3' BELOW SURFACE HO LLE f I EL.9.1' � FE C n z g PANER 0.1'W m 6- DW m ELEVA77ONS REFERENCED TO NA VD 88 r 0 T. S WER 5• OCONE. WALL B, _2717' 'Aye, µ+00D STE'5 AC UNITS N, KEY ON PLAT % �O = REBAR ~ N L. y �t n 5.0 2ND STY. ^ANTILEVER m c ;, OVER WO C 7 STEPS ® = WELL k1t W` N �, o A = STAKE FENCE M o .!5;E ® = TEST HOLE wow WIRE 27.9' /L 0. ® = PIPE FENCE ALONG d MBER RET. Nom• 0 11MgER WALL 11'E TIMBELINED = MONUMENT .9! STONER PATIO 1'W. = WETLAND FLAG BULKHEAD +s,s' .0.2'E DECK = UTILITY POLE 'HOOD BUU(NEAQ-.•• iit'ti t �x� ly t,g 1.5'+ NEW FR. ZONEX ButxHEAD&wooDEN I AM FAMILIAR WITH THE STANDARDS FOR APPROVAL AND C0NS7RUC770N OF MH s�EPs `t - SUBSURFACE SEWAGE DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES AND LINE '--n="ALAG uHwM ZONE X WILL ABIDE BY 771E COND177ONS SET FORTH ]HEREIN AND ON THE PERMIT TO FLED ZONE„_ _--—_.— OD ZONE LINE i; - CONSTRUCT. N8*46t 2'W `t " _ — 41.580 The location of public water, wells and cesspools shown hereon are �, rD� ZONE VE from field observations and or from data obtained from others. �.IlT " ?A' PEC IC ;4 g1 ADD177ONALLY TO COMPLY W17H SAID LAW THE TERM "ALTERED BY" MUST BE A Y USED BY ANY AND ALL SURVEYORS U77LIZING A COPY OF ANOTHERS SURVEYORS MAP.7ERMS SUCH AS "INSPECTED" AND "BROUGHT— TO— DATE" ARE NOT IN COMPLIANCE WITH THE LAW. Cr ` FLOOD ZONES FROM FlRM 36103CO482H .a LIC. NO. 49618 ANY ALTERA77ON OR ADD177ON TO 7HIS SURVEY IS A WOLA77ON OF AREA=22,775 SO. FT. SEC77ON 7209 OF THE NEW YORK STATE EOUCAT70N LAW. EXCEPT PM176 V AS PER SECTION 7209—SUBDlV7S10N 2. ALL CERIIFICA710NS HEREON ( , 0 ,O�' (631) 765-1797 ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP TO TIE LINES P.O. BOX 909 OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE 1230 TRAVELER STREET SIGNATURE APPEARS HEREON. SOUTHOLD, MY 11971 12-309 f Glenn Goldsmith, Ps dent ti0 Cpc Town Hall Annex Michael J. Domino, Vice'F`�-r,:�sident ,,�® �' °� '` 54375 Route 25 John M. Bredemeyer III o '` P O. Box 1179 A. Nicholas Krupski Southold, NY 11971 Greg Williams y p! Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES / TOWN OF SOUTHOLD Date/Time: 3l IIZo ,o 11Z:41� Completed in field by: Suffolk Environmental Consulting, Inc., on behalf of KEVIN WHITROCK requests an'Administrative Amendment to Wetland Permit #9263 for the as-built 2'x8' second-story cantilever over existing as- built 5'x10' wood steps; as-built 5'x7' entry stoop, 5'x10' wood steps, in replacement of existing concrete walkway; as-built 16'x20' on-grade paver patio; construct 20.2'x24.3' one-story framed garage, in lieu of previously approved 24'x24' garage; installation of two (2) 6'x4' drywells in lieu of previously approved two (2) 6'x5' drywells; as-built 4'x7' platform supporting two air-conditioning units; as-built 4'x6' outdoor shower on landward side of house; as-built 3'x4' generator pad. Located: 580 Terry Path, Mattituck. SCTM#: 1000-123-6-20 CH. 275-3 - SETBACKS WETLAND BOUNDARY: Actual Footage or OK=4 Setback Waiver Required 1. Residence: 100 feet 2. Driveway: 50 feet 3. Sanitary Leaching Pool (cesspool): 100 feet 4. Septic Tank: 75 feet 5. Swimming Pool and related structures: 50 feet 6. Landscaping or gardening: 50 feet 7. Placement of C&D material: 100 feet TOP OF BLUFF: 1. Residence: 100 feet 2. Driveway: 100 feet 3. Sanitary leaching pool (cesspool) 100 feet: 4. Swimming pool and related structures: 100 feet Public Notice of Hearing Card Posted: Y / N Ch. 275 ✓ Ch. 111 SEQRA Type: 1 II Unlisted Action Type of Application: Pre-Submission ,/Administrative Amendment Wetland Coastal Erosion Emergency Violation Non-Jurisdiction Survey <_ 5 years: Y/N Wetland Line by: C.E.H.A. Line Additional information/suggested modifications/conditions/need for outside review/consultant/application completeness/comments/standards: Ne-e-A O J� 051 r,&.S'7 to pca s��7 �E.c.��;���081 �ni- c��n�ndc��t�� i,�all iS oto •P`d�''S buT ��©� ��V�� QI�SC�i;p�:dam - I have read & acknowledged the foregoing Trustees comments: Agent/Owner: / Present were: J. Bredemeyer M. Domino ✓ G. Goldsmith N. Krupski G. Williams Other WHITROCK Property Situate: 580 Terry Path • Mattituck, NY • 11952 SCTM#: 1000 - 123 - 06 - 20 Photographs taken January 31, 2020 M i 1 r r r ; LA The photograph above (taken facing south) depicts the 2'x8' second story cantilever over the existing wood steps. WHITROCK Property Situate: 580 Terry Path • Mattituck, NY • 11952 SCTM#: 1000 - 123 - 06 - 20 Photographs taken January 31, 2020 jo ' 1 rr The photograph above (taken facing south) depicts the 5'x10' wood steps on the eastern side of the existing dwelling IqW WHITROCK Property Situate: 580 Terry Path • Mattituck, NY • 11952 SCTM#: 1000 - 123 - 06 - 20 Photographs taken January 31, 2020 p A �44 T • r ° T S e The photograph above (taken facing north depicts the 2'x8' second story cantilever as well as the 5'x10' wood steps on the eastern side of the existing dwelling. WHITROCK Property Situate: 580 Terry Path • Mattituck, NY• 11952 SCTM#: 1000 - 123 - 06 - 20 Photographs taken January 31, 2020 oo4W. 5 g+ The photograph above (taken facing northwest) depicts the (16'x20') at-grade paver patio on the landward side of the existing dwelling. WHITROCK Property Situate: 580 Terry Path • Mattituck, NY • 11952 SCTM#: 1000 - 123 - 06 - 20 Photographs taken January 31, 2020 w The photograph above (taken facing north) depicts the existing single story garage (20.2' x 24.3') located landward of the existing dwelling. WHITROCK Property Situate: 580 Terry Path • Mattituck, NY • 11952 SCTM#: 1000 - 123 - 06 - 20 Photographs taken January 31, 2020 ! _ -- w f . L,U, k j i The photograph above (taken facing south) depicts the existing 4'x7' platform supporting two AC units. This photograph also depicts a portion of the existing 4'x6' outdoor shower located on the landward side of the existing dwelling. WHITROCK Property Situate: 580 Terry Path • Mattituck, NY• 11952 SCTM#: 1000 - 123 - 06 - 20 Photographs taken January 31, 2020 t a. s The photograph above (taken facing southwest) depicts the existing outdoor shower (4'x6') on the landward side of the existing dwelling. WHITROCK Property Situate: 580 Terry Path • Mattituck, NY • 11952 SCTM#: 1000 - 123 - 06 - 20 Photographs taken January 31, 2020 Dila e y x 8 4a, _ A " The photograph above (taken facing northwest) depicts the existing single-story garage, as well as the 3'x4' generator located on the garages seaward side. WHITROCK Property Situate: 580 Terry Path • Mattituck, NY • 11952 SCTM#: 1000 - 123 - 06 - 20 Photographs taken January 31, 2020 r . 4 L k �E fill 1111111, nom~ The photograph above (taken facing southwest) depicts the existing single-story garage landward of the existing dwelling. Michael J. Domino, President �`\OF SUl/ry® Town Hall Annex John M.Bredemeyer III,Vice-President ,`O l0 54375 Route 25 P.O. Box 11 Glenn Goldsmith l�[ Southold,New York 11971 A. Nicholas Krupski G Telephone (631) 765-1892 Greg WilliamsO Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DATE OF INSPECTION: 11/3/19 Ch. 275 Ch. 111 INSPECTION SCHEDULE Pre-construction, hay bale line/silt boom/silt curtain 1St day of construction % constructed 4— Project complete, compliance inspection. INSPECTED BY: COMMENTS: QQ ll b46�A t� O\MEC1d Tm ce.�a;n1 c ),,is 11 onl,/oss-A ,-Q �,n9�+5� ,`an o u l don<' ���,�,,✓�� ),,,X,./acA 4 L wsa A15o CERTIFICATE OF COMPLIANCE: Maim Diane From: robert@suffolkenvironmental.com Sent: Wednesday, March 11, 2020 10:04 AM To: DiSalvo, Diane Subject: RE:Whitrock- 580 Terry Path, Mattituck-Admin Amendment Hello Diane, Our Firm would like to further amend the project description for the WHITROCK Property to include the 83.0' long stone wall landward of the existing dwelling. Thank you for your time and consideration regarding this matter,as always if you have any questions or concerns regarding this project, please feel free to contact this Firm. Sincerely, Robert W.Anderson Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton, NY 11932 From: DiSalvo, Diane<diane.disalvo@town.southold.ny.us> Sent:Tuesday, March 10, 2020 2:53 PM , To: 'robe rt@suffolkenvironmental.com' <robert@suffolkenviron mental.com> Subject: FW:Whitrock-580 Terry Path, Mattituck-Admin Amendment I had Glenn confirm—he is talking about the "stone wall"that is shown on the west side starting at about the outdoor shower. Just send me a return a mail which states that you want to amend your earlier project description to include the: However long stone wall............... We will just disregard the letter which you sent today by prior a mail. Thanks Diane From: DiSalvo, Diane 4v Sent: Tuesday, March 10, 2020 1:13 PM To: 'robert@suffolkenvironmental.com' i Subject: RE: Whitrock- 580 Terry Path, Mattituck-Admin Amendment You don't have to deliver me a hard copy. You could have just sent me an a mail to make it easier for you and asked that I include the following 1 � (/ - BOARD MEMBERS_�;G O� pF SOlyOl Southold Town Hall Leslie Kanes.Weisman,Chairperson p 53095 Main Road-P.O.Box 1179 itt Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �pQ Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento COu ,� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLDT February 25, 2020 Tel.(631)765-1809-Fax(631)765-9064 Bruce Anderson' Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton,NY 11932 Re: De Minimus Request, Whitrock, File#7143 580 Terry Road, Mattituck, SCTM No. 1000-123-6-20 Dear Mr.Anderson; I am in receipt of your correspondence dated February 14, 2020,requesting de minimus approval for the construction of a single family dwelling and a garage. In your letter you explain that an "as-built"survey prepared by Peconic Surveyors, dated'December 23, 2019, differs from,the survey approved by the Zoning Board of Appeals in their determination No. 7143, dated March 15,2018, as follows: 1. Approved dwelling to measure 27.6 ft. by 45 ft., now measures 27.7 ft. by 46.3 ft. 2. Approved dwelling set back 5.9 feet from the side yard property line, now set back 5.7 ft. 3. The as built survey now depicts a 2 ft. by 10 ft. second story cantilever. 4. Approved garage to measure 24 ft. by 24 ft., now measures 20.2 ft. by 24.3 ft. 5. Approved garage set back 6 ft. and 8.5 ft. from side yard property lines, now set back 5.8 ft. and 12.4 ft. 6. 'A new outdoor shower with roof was constructed off the rear of the house setback 7 feet from side yard. I reviewed your letter,the"as-built"survey, and the ZBA determination No. 7266, and have determined that Nos. 1 through 5 of your requests are de minimus in nature because the changes do not increase the degree of non- conformity and upholds the intent of ZBA Appeal No. 7143. However, an outdoor shower with a roof is considered an as-built structure which was not proposed in the prior variance relief. The design is not de minimus in nature; therefore, variance relief will be required. If you wish to maintain'the"as-built"outdoor shower,you will be required to return to the Building Department to obtain a new Notice of Disapproval, and then apply to the ZBA. Please submit to our office two signed and stamped site plans depicting all existing and proposed improvements with the aforementioned changes. Furthermore, be advised that the condition set forth in Appeal No. 7143 will still apply. Contact our office if you have any further questions or concerns. I will instruct the office to send a copy of this letter and your request to the Building Department. I es eisman Chairperson cc:Michael Verity,Building Department ii ffolk Environmental Cons', .ing, Inc. Newman Village • Suite E • 2310 Main Street PO Box 2003 • Bridgehampton NY 11932-2003 t 631.537.5160 f 631.537.5291 Bruce Anderson,M.S.,President February 14, 2020 Southold Town Zoning Board of Appeals P.'O. Box 1179 RECEIVED Southold, NY 11932 FEB 1 J 2020 Re. Whitrock(ZBA Decision#7143) Situate: 580 Terry Road, Mattituck Zoning Board Of Appeals SCTM #1000-123-6-20 Dear Members of the Board, On March 21, 2018, Kevin Whitrock obtained a zoning variance authorizing the demolition of any existing dwelling and construction of a new single family dwelling and garage. Attached herewith please find a copy of the March 21, 2018 decision along with the November 28,2017 survey prepared by Peconic Surveyors,'P. C. referenced in the zoning decision and the as-built survey prepared by Peconic Surveyors, P. C. dated December 23, 2019. The differences between the two surveys are as follows: o The dimension of the approved dwelling was noted at 27.6'x 45.0'whereas the new dwelling measures 27.7'x 46.3'. • The approved dwelling was sited at 5.9'from the easterly side lot line whereas the new dwelling is 5.7'from the side lot line. • The new dwelling contains an approximate 2'x 10'second story cantilever: • The approved garage measured 24'x 24' and was sited 6.0'and 8.5'from the westerly and easterly side lot line, respectively,whereas the existing garage measures 20.2'x 24.3' and is sited 5.8' and 12.4'from-the westerly and easterly side lot lines, respectively. • The new dwelling is supported by AC Units on an at-grade platform off the northwestern corner of the new house. • An outdoor shower was constructed off the rear of the house approximately 7'off the westerly side lot line. Request is hereby made for a de minimis amendment of the decision recognizing theses very small differences between the approved survey and the submitted as-built survey. Thank you for your understanding and consideration of this de minimis request. Yours truly, Bruce A.Anderson r Cc. K.Whitrock A. Meringer F � ' Glenn Goldsmith,President *QF SU(/TTown Hall Annex Michael J. Domino,Vice-President ,`O� Ol0 54375 Route 25 P.O. Box 1179 John M.Bredemeyer III [ [ Southold,New York 11971 A.Nicholas Krupski G Q Telephone(631) 765-1892 Greg Williams �� A,11w,' �� Fax(631) 765-6641 cou BOARD OF TOWN TRUSTEES' FEB - 2020 =f TOWN OF SOUTHOLD TO: SOUTHOLD TOWN BUILDING DEPARTMENT -,?;;. RE: VERIFICATION OF BUILDING DEPARTMENT PERM ITIREQULREMENTS; SCTM#: )03-6- 2,0 Property. Owner"Name:'- Date'Sent to Bldg. Dept: 2. '�.2D The Office of the Board of Trustees is forwarding the above referenced application for verification of the Building Department's permitting,requirements stated below: YES NO Will the proposed project require a Building Permit? Will the proposed project require a variance determination from the Zoning Board of Appeals? Will any part of this application be considered-a Demolition as described under Town Code? - COMMENTS: �� ErYI "r) d�evf' r � 0_Fdcl -��� hb��-- an d - QxV I� 54 DS 1 � Signature of Reviewer Date r` S'utfolk Environmental Consulting, Inc. Newman Village m Suite E m 2310 Main Street PO Box 2003 ® Bridgehampton NY 11932-2003 t 631.537.5160 f 631.537.5291 Bruce Anderson,M.S.,President HAND DELIVERED January 31,2020 Mr. Glen Goldsmith, President Board of Trustees Town Hall i t P.O. Box 1179 L 1 FEB 3 2020 d' Southold, NY 11971 Re: WHIMOCKProperty Situate: 580 Terry Path ■ Mattituck,NY SCTM#: 1000-123-06-20 Dear Mr. Goldsmith, This Firm represents the owner of the property referenced above,who applied for and obtained a wetland permit authorizing the demolition of an existing one story dwelling, a detached garage, the abandonment of an existing cesspool, and the construction of a two story dwelling, the expansion of an existing at grade deck,the construction of an attached garage and the installation of anew septic system,install two [2] 6'x 5' dry wells and a third dry well 6'x 5'for the proposed new detached garage (See Wetland Permit #9263). The construction has been completed. On behalf of the property owner, I hereby request a administrative amendment authorizing the following as-built minor changes described below: (1) Construction of a 2'x 8' second-story cantilever over existing wood steps 72 feet from the wetland boundary; (2) Construction of wood steps (5'x,10'), entry stoop (5'x T),wood steps (5'x 10')replacing the previously existing concrete walkway; (3) Construction of an at-grade paver patio (16'x 20') 103 feet from the wetland boundary; (4) Construction of a one-story frame garage (20.2'x 24.3') instead of the approved 24'x 24'garage 177 feet from the wetland boundary; (5) Installation of two 6'x 4'dry wells 90 feet and 98 feet,respectively from the wetland boundary replacing two 6'x 4'dry wells 93 feet from the wetland boundary; (6) Installation of a 4'x T platform supporting two AC units 73 feet from the wetland boundary; (7) Construction of a 4'x 6' outdoor shower on the landward side of the house 84 feet from the wetland boundary; and (8) Construction of a Tx 4' generator 174 feet from the wetland boundary. (9) Survey prepared by Peconic Surveyors,P. C.last dated December 23rd 2019(four[4] copies); and (8) Check made payable to the Town of Southold in the amount of$100.00 covering the requisite application fee. By way of this correspondence, and on behalf of the owners, I request that you commence review of this application and schedule for discussion and permit issuance at the next available Trustees Board meeting. Thank you in advance for your cooperation. Yours truly ._ Robert W.Anderson enc. Michael J. Domino, President ��o�ps�FFo(�c�Gy� Town Hall Annex John M. Bredemeyer, III, Vice-President 1 54375 Route 25 Glenn Goldsmith y P.O. Box 1179 A Nicholas Krupski Southold, NY 11971 Greg Williams ��I , dao Telephone (631) 765-1892 Fax (631) 765-6641 SOUTHOLD TOWN BOARD OF TRUSTEES YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE ACTIVITIES CHECKED OFF BELOW INSPECTION SCHEDULE Pre-construction, hay bale line/silt boom/silt curtain 1St day of construction '/ constructed Project complete, compliance inspection; TERMS AND CONDITIONS The Permittee Kevin Whitrock residing at 580 Terry Path, Mattituck, New York, as part of the consideration for the issuance of the Permit does understand and prescribe to the following: 1. That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto,to the complete exclusion of the Board of Trustees of the Town of Southold. 2. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and,non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this wort: project herein stated without expenses to the Town of Southold 8. That the said Board will be notified by the Permittee of the completion of the work authorized. 9. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. 10. 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 o► vested in a person not a party to the permit. Michael J.Domino,President SO Town Hall Annex John M.Bredemeyer III,Vice-President O 54375 Route 25 P.O.Box 1179 Glenn Goldsmith Southold,New York 11971 A.Nicholas Krupski �pQ Telephone(631) 765-1892 Greg Williamsoly`,oU Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD June 20, 2018 Bruce Anderson, President Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton, NY 11932-2003 RE: KEVIN WHITROCK 580 TERRY PATH, MATTITUCK SCTM# 1000-123-6-20 Dear Mr. Anderson: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, June 20, 2018 regarding the above matter: WHEREAS, Suffolk Environmental Consulting on behalf of KEVIN WHITROCK applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated May 11, 2018, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, J WHEREAS, the LWRP Coordinator recommended that the proposed application be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policies of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: that if issues arise with the .Building Department relative to the deck, applicant must amend permit; and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on June 20, 2018, at which time all interested persons were given an opportunity to be heard, and, 2 WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined"that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board,of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the application of KEVIN WHITROCK to demolish an existing 889sq.ft. one-story dwelling, 210sq.ft. detached garage, and abandon existing septic system; construct a 1,442sq.ft. two-story dwelling with a proposed at grade 6'x28' (168sq.ft.) deck against the landward edge of the bulkhead; a proposed 576sq.ft. detached garage; install a new septic system 120' from wetland boundary; and to install two (2) 6'x5drywells to contain roof runoff on the dwelling, and one (1) 6'x5' drywell to contain roof runoff on the new detached garage; with the condition that if issues arise with the Building Department relative to the deck, applicant must amend the permit; and as depicted on the survey prepared by Peconic Surveyors, P.C., dated August 22, 2017, and stamped approved on June 20, 2018. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of$50.00 per inspection. (See attached schedule.) Fees: $50.00 Very truly yours, Michael J. Domino President, Board of Trustees MJD/dd Charles M.(deceased) & Dorothy A. Oldani PO Box 937 — 620 Terry Path Mattituck NY 11952 February 16, 2018 To: Southold Town Zoning Board of Appeals 53095 Main Rd Southold, NY 11971 Re: Whitrock ZBA Application 580 Terry Path Mattituck, NY 11952 1 have reviewed the documentation and am familiar with and support the application for the proposed home rebuilding project adjacent to our property by the Whitrock's. Sincerely, ECE VE JUN 2 ® 2018 Carlo W Oldani Executor for Charles M. Oldani Southold Town POA for Dorothy A. Oldanibardof Trustees .................................. f Name 6"0 1rfe� Address 'Fe L. 1.0 201 Date To: Southold Town Zoning Board of Appeals 53095 Main Rd Southold, NY 11971 Re: Whitrock ZBA Application 580 Terry Path Mattituck, NY 11952 I/ We (.................) are familiar with and support the application for the proposed home rebuilding project adjacent to our property by the Whitrocks. VI-Q- aXe VI .................................. D ECEHE cc: Bruce Anderson JUN 2 0 2018 Suffolk Environmental Consulting, Inc. Southold Town PO BOX 2003 Board of e Bridgehampton, NY 11932 EUGENE L. DANERI, ESQ. P.O. Box 917 MATTITUCK,NEW YORK 11952 (516) 808-3975 February 19, 2018 Zoning Board of Appeals Town of Southold Town Hall Annex P.O. Box 1179 D EC E I VJEDSouthold,New York 11791FRe: Whitrock Zoning Application JUN 2 0 201 Suffolk County Tax Map# 1000-123-6-20 Southold ZBA Application No.: 7143 Soathold Tovvan a ru a Dear Board Members, I reside at 200 Terry Path, Mattituck,New York and familiar with the Camp Mineola Community for over fifty years when my parents first purchased these premises. I correspond with you at this time in support of the above zoning application by Kevin Whitrock. Over the years I have observed the Camp Mineola Community transform from what once was a cottage community to what is now a large home community where the overwhelming majority of the homes are large two-story homes. Mr. Whitrock's home is the last remaining cottage situated in the Camp Mineola east community. The entirety of the Camp Mineola properties fail to meet the minimum 150' width R-40 zoning requirement applied to them and therefore all are non-conforming. Mr. Whitrock's property is no exception.Nevertheless, in reviewing Mr. Whitrock's application, conducting the balancing test set forth in Town Law § 267-b(3)(b), as well as this board's own prior determination, I believe that the instant application should be granted in its entirety. In this application Mr. Whitrock seeks to increase the setback between the bulkhead and the south side of the proposed dwelling to 24.8'. Approximately eleven years ago this writer presented a similar application to this board which resulted in an Article 78 proceeding decided by Order of the Hon. Jeffrey Arlen Spinner, dated October 13, 2010. This decision was then appealed by this board to the Appellate Division, Second Department, and unanimously affirmed 1Daneri v. Zoning Board of Appeals of the Town of Southold, 98 A.D.31) 508, 949 N.Y.S.2d 180 (2d Dep't 2012)] on August 1, 2012. 1 attach and submit copies of both Supreme Court and Appellate Division decisions in support of Mr. Whitrock's application and also as determinative of the fact that the Camp Mineola neighborhood bulkhead setback average is 24.02'. It is also significant to note that in submitting this application Mr. Whitrock seeks to increase the westerly side yard setback to 6'. At this point, it is significant to note that this board granted a substantially similar application to Paul Long,ZBA#5841, in 2006. In this determination, this board granted a variance to Mr. Long consisting of 10' side yard setbacks, a 28.3' setback from the bulkhead and 21% lot coverage. VACANT Abcndone4 Age kurturor rand TERRY PA Tiff (PRivA TE RoAD) SURVEY OF PROPERTY (PvBUC WATZR IN ROAD.), A 'rjALr ,,. ROAD AtjAjDOROTMY Or,.DANr TFN OF SU '"�'+t�,� SUFFOLK COUNTY N. Y. 589"09`00"E 1000-123--06-20 7.OQr x.00-` 1 45.00' 1 .00 k JAIWARY Z 201,E x.00 WAR 81,00 NNE 27, 2017 NEE AUGUST 22, 2017 (PROPOSED HOUSE") 1 I I I I I I I ► ► 1 i a ' s I I I I o 1 >� APPROVED BY I '_-BOARD OF T RUSTEES 1 1 TOWN OF SOUTHOLD � I. DA o � TE � v1U�' < ,a ► MAY 1 1 2018 I I a 0 1 , , Z s�LL WELL i 'to 0 AgANDDNDED I �, (/� 3; 67 cla ► 1 C ► D i my D ► t r - 7:1, 1 O iW d 0 O ► O ► ► 1 2.6' � � tt.t' Z PROPOSED RAIN RUNOFF CONTAINMENT t , , �` � ' a AIDE I I I I PROPOSED HOUSE =1270 sq ft. > t- GARAGE 1270 x 1 x 0.17 = 216 cu.ft.. SHED 216/22.3 = 10 VF ' 1 1 ► mn ai PROVIDE (2) DWS 60 X 5' DEEP PROPOSED° GARAGE = 576 sq.ft. Ac 576 x 1 x 0..17 = 98 cu:ft. CONC. 98/22.3 = 4.4 VF TEST HOLE DA TA PROVIDE (l j DWS 60 X 5' DEEP DRY WELLS TO BE CONNECTE•0 11+1'TH GUTTERS & LEADERS McDON0510212017 ENCE � SIN EL. 9.1' 8DARK BROWN LOAM OL ---- 1' SHED Sh PROPOSED SEPTIC SYSTEM BROWN cLAYE ' SAND .6 12.2'00 I (4 BEDROOM HOUSES -- 4' a [1J 1000 GALLON PRECAST SEPTIC TANK 60 24.0 BROWN FINE TO COARSE SAND SW AS " -- T• ,PRO, [41 LEACHING GALLEYS (3.5 x 3 5 .l/GH,T}, --' PALE BROWN FINE SAND SP A EXIS77NG CESSPOOL TO BE REPOVED OR Fll t ED --T-- �, 24.0' 6.5 IN TO SCDHS SPECS 6.4!'- I WA TER IN PALE BROWN F NE SAND SP � �ro BE ;, I tTY I C �" { 1 T C: E 0.4 G ' 5 c►nu ; n SEP7'C SYSTEM DETAIL NO TE. WA7FR ENCOUNTERED 8.3' BEL 0W SURFACE o �^' z STY. p°'aa 1 n ,� 4'LC c 5 FR, HSE HOUSE SLATE OR OTHER. NOT TO SCALE 0 5 LG ^' F.F. EL. 12.0 5UITALE COVER 1IIN LO Lo J t STOPPER END PLUG t a t5.o r EL. r0.0' FINISHED GRADE EL. 4.t' O,4 oM I o.6'E Q 9.i ro 9.0' u o m0smory chimney 12" Z::p6VIN, r.... Ct:.EAN OUTFE I.E7.5' <, c+ /T'h l .'VRYMV:. ..: MLR."':'�'�'..'.•:,•� .' .:.. -4 Ile PER FOOT MIN. Bim` I/r PER FOOT MIN. PrTCH Wk 4" DIA. PIPE PITCH'MIN. 4" PIA" PIPE CLAS. 24M PIPE OR.EWAl_ mitt_ t�ASS 2400 POE OREClI!!U 1[?UC1 GAL_PR1_-"CAsT _ 3'' [4]La`AGlING CE 2' SET'77C;TANk _ -__` 1� _M_( SHx, -MIGff)__ _ _ O Cti�71JNQ W.A7["R P Cat . €IGH ST RFCQRn-F.0 GKIINDWATI i � n 1 u, �1$ m T DA`<FILL.MA..TEIRAL TO IE CLEAR SAND � � �ii i AREA= 775 O. � F1;N� �e t tiizY pU '` A, REQ•t! i T1N9ER YI.LC t +� � - St�"s TO TE UNE S 0 LII'+ 0 OF N!*ky IF=r 0rA't. M'l NT I AM FAMILIAR WITH r 5TANDAR05 FCrK ArMOVA. A"Its CF0*TRVC,TIC7N OF SLJL�51JRF'AC.I~ 51-:WAC-Te 015PO3Wf- 5Y5TeM5 FOR 5IN(5L-r-, FAMIL-Y RE5IG"t74CZ5 ANS WILL ADIDIE t5Y TIS C tTtONS ELEVATIONS ATIONS REEFRE ZE-0 TO N,A,V.Q, 56T FO TH THERC-IN AN0 ON 111F PEMMtT TO CCW5T KVC T. Atft � ppy�p X 4,.L.�.r°E.D <' � FI' I �1 '% -f .M�^ LOCATION �f,�^ T p � cmc^ ar ,tf�r of A�7^e�.i �A�C4 1 Asrr� �», �p p^� C'L D ».£.1141-..,....,,..,`�{'-- 11 Tl--t5 L vP�e t tGCii td; t .dLs [fe tri '\1L \. TY� 5. t09V l l OdF ' ` 8i- S AA 4 044 AL-TC T'IC`F4 + 5 INN HMMON AKE F?OM FIELD Of'55 VATIQN5 ANO OR a � �f� X6.4` i $ !r r^� ON ,+'1C' .tom �DC0'gOI TO T"rNE ,�IF:VF�w'.}" I.'.� Te F'3�.OM DATA OP'T"Allt°d1""O MOM O`I�t$_- *: � '¢t���•£-, Wit. »S. �e"LIC NO. 49618 �f-`J'i,d.TIv.O�'+ a,�. r�Ie.��.i l.e'.k �.J.+ I"t al' YORK !a R W,.- ' 1 # sw P.S.R. � AT(ON LAW, EXC PT A5 � C TIS "'„ P C3`1 ,� - r- Ttrr rrom5 I� �I�'IONAL..LY TO c',aA'L-Y Welt 5Ata LAW 7 TTM "AL-TCR Dr" `" ` `�. '� j (6JQ --St�.�0 FAX (5.31) 7'65-- 1797 VAL..10 F5 TT-II.5 VAr' VO r-,' 5 THER�,; .'Ot- +t�t�T IF 5AfO VJ5T V5�a 5Y ANY AND ALL.. 5URVE'Y095 VTILIZINCr A Y OF Y � P.O aox 909 MAP QF,, COPIIE5 CeAR, THE IsAM 55r,..E'? 5�"AI<... o' THE; AN TT-P..I 5 %F Y0K5 WAP.TI try 5UCH A$ "CN`..+P`�cdTFO" APD �'�� � 12JO TRAWL R STRc-'Er :V YOR WHQSC-- 5IGNATUR IVA�'-..A� I�04, 0[,Gq-fT'- TO-- CDAT15 ARE NOT IN COM,1'L-lANCe WITH Tt� D I_AW. ��� SOU7710 , IV.Y. 11971 1lo-309 The significance of__:_Long determination and its precedential impact were noted by Judge Spinner and the Appellate Division in deciding the undersigned's Article 78 proceeding and ensuing appeal therefrom. I respectfully submit that its significance is no less import in connection with Mr. Whitrock's application. In this application, Mr. Whitrock seeks to construct a larger two-story home that will more comfortably accommodate his family then the present single story structure is capable of doing. This two-story home is entirely consistent with the neighborhood in which he seeks to construct it since it is presently surrounded by existing two-story homes. Its construction provides the overall benefit of decreasing the degree of non-conformity with the existing building code by increasing the bulkhead and westerly side yard setbacks. Additionally, this construction will include the installation of gutters and drywells to control storm water runoff, as well as a modern septic system situated at a location that is farther from the adjacent Peconic Bay thus lessening the environmental impact of the existing dwelling. Based upon the foregoing, I submit that Mr. Whitrock's proposed variance is entirely consistent with the character of the neighborhood and it will not have an adverse effect or impact on the physical or environmental conditions in this neighborhood. Indeed, strict compliance with the current bulkhead setback requirement would result in the construction of this home in the front yards of the adjacent property owners which would extensively and negatively impact the character of this community. In view of the foregoing, combined with the fact that the benefit to Mr. Whitrock is great, it is respectfully submitted that his application should be granted in its entirety. I thank you for your consideration of the foregoing. ry Trul Y , a uge e . D e ' Katherine M. Ga lagher-D eri E I kill E JUN 2 0 2018 South a1d Town ard of Trustees 5 SUPREME COURT OF THE STATE OF NEW YORK IAS PART XXl-COUNTY OF SUFFOLK PRESENT- HON. JEFFREY ARLEN SPINNER Justice of the Supreme Court I--------------------------------------------------------- In the Matter of an Article78 Proceeding, 1 I EUGENE L.DANERI, y IVD>x NO.: 2007-33656 Petitioner, 1 { against- MOTION SEQ NO 003-MG ORIG MOTION DATE. 12/12/07 ZONING BOARD OF APPEALS OF 1 THE TOWN OF SOUTHOLD, I FINAL SUBMIT DATE 10/13/10 �- -- -----------_Respondent-J - -------------------------- UPON the following papers numbered 1 to 16 read on this Motion• • Petition(Papers 1-2), • Respondent's Answer and Return(Papers 3-6), • Petitioner's Support(Papers 7-8), • Petitioner's Memorandum of Law(Papers 9-10), • Respondent's Memorandum of Law(Papers 11-12), • Inteivenor's Memorandum of Law(Papers 13-14); • Petitioner's Reply Memorandum of Law(Papers 15-16), it is, ORDERED,that the application of Petitioner is hereby granted to the extent set forth herein below. Petitioner moves this Court for an Order,pursuant to Article 78 of the CPLR. granting the relief demanded in the Petition,that relief more specifically being an Order of this Court directing i That the Decision of Respondent be found arbitrary, capricious and not in keeping with the evidence; 2. That the Decision of Respondent be annulled and set aside, 3 That the application of Petition before the Respondent be approved Petitioner owns the parcel of property known as Section 123,Block 6,Lot 14,on the Suffolk County Tax Map, situated at 200 Terry Path in the hamlet of Mattituck, Town of Southold, County of Suffolk.State of New York("premises") The premises is approximately 633 feet deep and varies in width from 62 to 67 feet,with one 67 foot border fronting Peconic Bay The premises IS currently impioved,most notably with a 1,142 square foot single family residence situated 10 feet fiom the bulkhead,27 3 feet from the castei ly property line and 8.9 feet from the westei ly property line.The Surrounding lots are similar in width with varying depths The majority of the homes in the immediate area are pie-existing,non-conforming two story dwellings with average single side yard setbacks of 14.23 feet total side yard setbacks of 28 47 and bulkhead setbacks of 24.02 feet JUN 2 0 2018 J Sotlfhold Lown Board of Trustees In 2006.Petitioner began the application process to demolish all existing structures on the premises and construct a new 3,537 square foot two-story single family dwelling along with an accessory garage In August 23,2006 a Public Hearing was held before the Board of Trustees of the Town of Southold in which the Board unanimously agreed that Petitioners application should be approved, stating that it was consistent with the Town's Local Waterfront Revitalization Program("LWRP") On October 26,2006,an application was submitted to the Town of Southold Building Department on behalf of Petitioner,which was dented on the grounds that the proposed construction was not in compliance with the minimum side yard setbacks of 15 feet minimum per side,35 feet total,or the minimum bulkhead setback of 75 feet.It should be noted that the side yard setbacks required in the Zoning Code also require the lot to be a minimum of 150 feet wide,rendering the existing parcel and the surrounding parcels,non-conforming. On May 9,2006, Respondent herein granted variances to the application of a neighbor(LONG) whose dwelling is eight houses to the west of Petitioner's premises,ZBA Decision#5841,of 10 foot individual side yard setbacks, 20 foot total side yard setback and 28 3 foot bulkhead setback, in addition to 21%lot coverage for their two-story 3,247 square foot home On August 2,2007 a Public Hearing was held before Respondent to consider Petitioners requested variances. Following the Public Hearing, but prior to Respondent's determination, Petitioner amended his application to finalize his variance requests as an easterly single side yard setback of 12 feet, a westerly single side yard setback of 12 feet, a total side yard setback of 24 feet, and a bulkhead setback a 30 feet for the proposed two-story dwelling,in addition to a 10 foot single side yard setback for the accessory garage Respondent denied Petitioner's requests for all variances for the two-story dwelling,while granting the variance for the accessory garage It is well settled law in the State of New York that a Court may not substitute its own judgment for that of the reviewing board(,see:Janiak v Planning Board of the Town of Greenville, 159 AD2d 574 [2 Dept], appeal dented, 76 NY2d 707 [1990], Mascony Transport and Ferry Service v Richmond.71 AD2d 896 [2 Dept 19791,aff'd,49 NY2d 969 [19801).Therefore, if the decision rendered by the reviewing board is within the scope of the authority delegated to r(,the Court may not interfere and annul it, unless said decision is arbitrary, capricious or unlawful (see. Castle Properties Co v Ackerson, 163 AD2d 785[3 Dept 19901;Pecoraro v. Board of Appeals of Town of Hempstead,814 NE2d 404[2004]).It is,therefore,indisputable that the standard of review for determinations of Respondents, as the Town Zoning Board of Appeals. is whether the decision rendered is arbitrary,capricious and/or unlawful. In determining whether to grant an application for an arca variance,a 7onmg board must engage in a halanung test weighing the benefit to the applicant against the detriment to the health,safety,and welfare of the neighborhood or community The zoning board is also required to considei. (1) whether an undesirable chance will be produced in the character of the neighborhood ora detriment to nearby properties if the area variance is granted,(2)whether the benefit sought by the applicant can be achieved by some method,feasible to the applicant,other than an area variance,(3)whether the requested area variance is substantial,(4)whether the proposed variance will have an adverse effect of impact on the physical or environmental conditions in the neighborhood or district if the ID E - .i JUN 2 0 2018 Southold Town --- Board o Tru to s variance is granted,and(5)whether the alleged difficulty was self-created.(Schumacher v Town of East Hampton, New York Zoning Board of Appeals,46 AD3d 691 [2 Dept 2007], internal citations omitted). Additionally,the law is well settled that the mere fact that one property owner is denied a variance while others similarly situated are granted vanances does not,in itself,suffice to establish that the difference in result is due either to impermissible discrimination or to arbitrary action (Matter of Cowan v Kern, 41 NY2d 591) However, a decision of an administrative agency which neither adheres to its own precedent,nor indicates its reason for reaching a different result on essentially the same facts,is arbitrary and capricious(Pesek v Hitchcock,549 NYS2d 164[2 Dept 1989]). If the determination under review has no rational basis and tends to disregard the facts,it is arbitrary and capricious(See:Matter of Cowan v Kern,41 NY2d 591;Matter of Pell v Board of Education,34 NY2d 222) Here,although Petitioner's difficulty arguably was self-created,there was no evidence in the Return that the grant of the variances would have an undesirable effect on the character of the neighborhood, adversely impact physical and environmental conditions,or otherwise result in a detriment to the health,safety,and welfare of the neighborhood or community(see-Gonzalez v Zoning Board of Appeals of Town of Putnam Valley,771 NYS2d 142[2 Dept 20041;Easy Home Program v Trotta, 714 NYS2d 509[2 Dept 2000]).Generally,when an applicant is seeking variances to conform to that which is prevalent in the neighborhood,absent other overriding considerations,a dental of relief is likely to be found arbitrary(see:Buckley v Amityville Village Clerk,694 NYS2d 739 [2 Dept 19991,Cassano v Zoning Board of Appeals of the Village of Bayville,693 NYS2d 621 [2 Dept 19991;Goldsmith v Bishop,695 NYS2d 381 [2 Dept 19991;Baker v Brownlie,670 NYS2d 216[2 Dept 19981) Respondent argues perpetuating the non-conformity of the setbacks,instead of phasing them out over- time,would result in an undesirable effect on the neighborhood and community When considering an application,the ZBA may not rely on merely conclusory statements as to the detrimental effects which would result from a grant of petitioner's application (see T J R Enterprises Iric v Town Board of Town of Southeast,376 NYS2d 586 f 2 Dept 1975].Salierno v Briggs, 141 AD2d 547[2 Dept 19881).The Return contains no evidence to support the conclusion that perpetuating the non- conformities would result in an undesirable effect on the nei-hborhood in community Respondent contends that its determination will protect the community from being ti ansformed from a cottage community into a large-home community.The Return cleat ly indicates that the transformation from cottage to large-home community has already taken place,as 24 of the 29 homes in the surrounding waterfront neighborhood can be classified as large two-stony homes, including LONG's, whose application was approved in 2006. y Respondent further argues that perpetuating non-conformities ovei time is not the intended goal of the Town Zoning Codes,rather,that the code aims to phase out non-confor mities overtime Simply stated, this argument ignores the balancing test reyuued by law,and in effect merely restates the statutory requnements, in a circular argument. as a rationale for denying Petitioner's application v,ithout setting forth a factual basis to support then decision (.ree Marrone v Bennett, 164 AD2d 387[2 Dept 1990];Leibring v Planning Board, 144 AD2d 903,Matter of Greene v Johnson, 121 - Jill i JUN 2 0 2018 Southold Town r AD2d 632,Matter of Farrell v Board of Zoning&Appeals, 77 AD2d 875,Matter of Kadish v Simpson,55 AD2d 91 1) The Return contains no evidence that the granting of the iequested variances would result in an undesirable change in the character of the community. Respondent contends that granting the requested variances would create a precedent for other landowners to overbuild their parcels.The Return indicates that this speculation is not based on any evidence. Presently, the community consists of non-conforming properties that are situated on non-conforming lots,according to Town Zoning The average lot is narrower than 150 feet,the average single side yard setback is less than 15 feet,the average total side yard setback is less than 35 feet,and the average bulkhead setback is less than 75 feet Petitioner's application would result in single side yard setbacks at 84% of the community average,total side yard setback at 85%of the community average,and bulkhead setback at 124%of the community average.Simply stated,there is no evidence in the record to suggest that the granted variances would produce an undesirable effect on the community. Similarly, in Schumacher v The Town of East Hampton,New York Zoning Board of Appeals,supra,the court found that new construction, that was in line the community standards would not produce an undesri able effect on the community,and as such,the ZBA's denial of the application for requested variances was arbitrary and capricious(see:Buckley v Amityville Village Clerk,supra;Cassano v Zoning Board of Appeals of the Village of Bayville,supra,Goldsmith v Bishop,supra;Baker v Brownlie,supra). Respondent relics on a i eport from LWRP coordinator Mark Terry which found the proposed action to be inconsistent with the LWRP.Respondent's reliance on this report is misplaced,as Mark Terry had previously submitted a report on the same application prior to the Town Board Public Hearing. At said hearing,while taking Mark Terry's previously submitted report into consideration,theTown Board unanimously decided that Petitioner's application was NOT inconsistent with the LWRP. Respondent's disregard of the Town Board's Resolution without any explanation is clearly arbitrary and not supported by the evidence in the Return Respondent attempts to distinguish its gianting of LONG's application for variances from Petitioner's by misrepresenting the material differences between LONG's property and Petitioner's. In its memorandum of law, Respondent misrepresents the size of LONG's constructed two story home by miscalculating the total square footage of the home to make it appear more modest compared to Petitioner's proposed plan Respondent contends that the variances were necessary because even when they were granted.LONG was only able to construct a 1,500 square foot home. in actuality,LONG constructed a 3,247 square foot home,apps oximately 91°/v the size of Petitioner's pi oposed home Furthei.Respondent contends that because LONG's property is only 23%n the sire of Petitionei's, they had difficulty placing their home in a conforming location This figure is misleading as LONG's property is only 23%r the size of Petitioner's because its depth is much shallower than Petitioner's. The most important measurement, the width of the property and thus the amount of waterfront piopeity, is approximately the same. Respondent contends that Petitioner has more than enough space to construct a home within the zoning regulations due to the sheet size of his lot;however, Respondent ignores the impracticality of constructing a waterfront home hundreds of feet away from Q H U u � M, ID JUN 2 0 201 .D 1 Soufholtl Town a of ru ee the waterfront,especially when the average setback from the bulkhead in the community is 24 feet. Simply stated, the useable property, in terms of home construction, consists of the space each landowner is afforded on the water, ie, the width of their property. That portion of Petitioner's property that causes his lot to be larger than LONG's is that which is located between the dwelling and the roadway,If Petitioner's dwelling were to be constructed in this area,it would be in all the neighbors' front yards, which would extensively and negatively impact the character of the neighborhood Additionally, this rationale flies in the face of Respondent's justification for why Petitioner was denied his application forvanances.Respondent contends that Petition's request for variances should be denied so that a precedence for overbuilding is not set, however, in attempting to distinguish Petition's application from LONG's, Respondent contends that LONG's variances needed to be granted because his lot was 23%the size of Petition's.If both houses are approximately the same size,with approximately the same variances,how can Respondent deny Petition's application for overbuilding while granting LONG's,whose lot is 23%the size of Petition's,as necessary to allow him to build an adequately sized home.In this regard,Respondent failed to adequately explain why LONG's variances were granted but Petitioner's were not, as such, Respondent's decision was arbitrary and capricious. Intervenor SVITH,an adjoining neighbor of Petitioner,also mischaracterizes LONG's lot and home size in a similar manner as Respondent Additionally, Intervenor asserts that LONG's lot is approximately 25% narrower than Petitioners Surveys indicate that Petitioner's lot is 67.18 feet wide and LONG's lot is 59.31 feet wide. The Court's math indicates that LONG'S lot is 11.7% narrower than Petitioners Intervenor suggests that in regard to the Petitioner's requested side yard variances,it is more appropriate to compare Petitioner's application for requested variance to his westerly neighbor, TOPPER, ZBA #6248. Respondent made a determination on TOPPER's application in March of 2009, a year and a half after it returned a determination on Petitioner's application.As such. it is inappropriate to consider the TOPPER detcrmination when discussing whether Respondent acted arbitrarily and capriciously in ieachmg its determination in the present proceeding. Because the henefit to the applicant is great, because the Return is devoid of any evidence of detriment to the health, safety, and welfare of the neighborhood or community, and because Respondent failed to adequately explain why it denied Petitioner's request while having at anted a similar request in the near past;the Court concludes that Respondent acted arbitrarily,capriciously and not in keeping with the evidence,in failing to grant the requested variances. For all the reasons stated herein above and in the totality of the papers submitted herein, it is, therefor c. ORDERED,that the above referenced application of Petitionci is hereby gtanted to the extent that the decision of Respondent is hereby found to be arbitrary,capricious and not in keeping with the evidence,and the mattes is hereby iemanded to Respondent for proper reN iew and determination in compliance with the Laws of the State of New York,as set forth herein above,and it is further C E p E V`7JUN 2 0 2018 Southold Town ard of Trustees ORDERED,that Part 21 hei eby retains jurisdiction over this proceeding,for all purposes;and it is further ORDERED,that Counsel for Petitioner is hereby directed to serve a copy of this Order,with Notice of Entiy,upon Counsel for all remaining parties,the Calendai Clerk of this Court and the Suffolk County Cieik within 20 days of entry of this Order by the Suffolk County Clerk Dated: Riverhead,New York r.i October 13,2010 ,? I H JE FREY ARL�PN SP NER,JSC - ✓ FiNAL DISPOSITION _ j _ — NON-FINAL DISPOSITION -- - - ✓ SCAN — _ i -- — — DO NOT SCAN ---- TO Eugene L Danen PO Box 917 Mattituck,New York 11952 Wickham Bressler Gordon&Geasa PC 13015 Main Road,PO Box 1424 Mattituck,New York 11952 Smith Fmklestem Lundberg Isler&Yakaboski LLP 456 Griffin°Avenue,PO Box 389 Riverhead,New York 11901 InD E C-1 E IV E JUN12 0 2018 iDD JUN12 0Southold Town Board of Trustee Matter of Daneri v Zonis.',_J.of Appeals of the Town of Southold,98 A.D.3d 508(2012) 949 N Y.S.2d 180,2012 N.Y.Slip Op.05820 of the petitioner's application which were 98 A•D•3d 508, 949 N.Y.S.2d for certain side yard and bulkhead setback 180, 2012 N.Y. Slip Op. 05820 variances, the Zoning Board of Appeals of the Town of Southold appeals from a **i In the Matter of Eugene judgment of the Supreme Court, Suffolk L. Daneri, Respondent County (Spinner, J.), dated October 13, v 2010, which granted the petition, annulled Zoning Board of Appeals of the so much of the determination as denied Town of Southold,Appellant, and those branches of the petitioner's application Thornton Smith, Respondent. which were for certain side yard and bulkhead setback variances, and remitted Supreme Court,Appellate Division, the matter to the Zoning Board of Appeals Second Department, New York of the Town of Southold to grant those 2010-10940, 33656/07 variances. August 1, 2012 Ordered that the judgment is affirmed, CITE TITLE AS: Matter of without costs or disbursements. Daneri v Zoning Bd. of Appeals of the Town of Southold "Local zoning boards have broad discretion in considering applications for variances, *509 HEADNOTE and judicial review is limited to determining whether the action taken by the board Municipal Corporations was illegal, arbitrary, or an abuse of Zoning discretion" (Matter of Matejko v Board of Variance Zoning Appeals of Town of Brookhaven, 77 AD3d 949, 949 [2010]; see Matter of Ifrah v Utschig, 98 NY2d 304, 308 [2002]; Matter of Smith, Finkelstein, Lundberg, Isler & Halperin v City of New Rochelle, 24 AD3d Yakaboski, LLP, Riverhead, N.Y. (Phil 768, 771 [2005]). "Thus, the determination Siegel of counsel), for appellant. of a zoning board should be sustained upon Eugene L. Daneri, Mattituck, N.Y., judicial review if it is not illegal, has a petitioner-respondent pro se. Wickham Bressler Gordon & Geasa, P.C., rational basis, and is not arbitrary and Mattituck,N.Y. (Eric J.Bressler of counsel), capricious" (Matter of Matejlco v Board of Zoning Appeals of Town of Brookhaven, 77 for respondent-respondent. AD3d at 949; see Matter of'Sasso v Osgood, In a proceeding pursuant to CPLR article 86 NY2d 374, 384 [1995]; Matter of Monroe 78 to review so much of a determination Beach, Inc. v Zoning Bd. of Appeals of City of the Zoning Board of Appeals of the of Long Beach, N. Y., 71 AD3d 1150 [20101). Town of Southold dated October 1, 2007, as, after a hearing, denied those branches fl[E k; f- ri l (,. %}�� 2^18 i l't�. ., ..1 f"�::'ti if:l �i` ..4 ..r :3� i `t IR-2-0 '�'^L�V _7 :; Fiif"t i tl"r,S �} f.:;ov ra ;ni Southold Town ard nf Thietpaq Matter of Daneri v ZoniP.y—d.of Appeals of the Town of Southold,98 A.D.3d 508(2012) 949 N.YS.2d 880,2012 N.Y.Slip Op. In determining whether to grant an otherwise result in a detriment to the health, application for an area variance, a zoning safety, and welfare of the neighborhood board is required to engage in a balancing or community (see Town Law § 267- test, weighing the benefit to the applicant • b [3] [b]). The record revealed that the against the detriment to the health, safety, community average for side yard setbacks and welfare of the neighborhood or was nonconforming (see Matter of Gonzalez community if the variance is granted (,see v Zoning Bd. of Appeals of Town of Putnam Town Law § 267-b [3] [b]; see also Matter Val., 3 AD3d 496, 497 [2004]), and that the of Pecoraro v Board of' Appeals of Toivn Zoning Board of Appeals of the Town of of Hempstead, 2 NY3d 608, 612 [2004]). Southold (hereinafter the ZBA)had recently In making its determination, the zoning approved a substantially similar application board must consider: "(1) whether an (see Matter of Lucas v Board of Appeals undesirable change will be produced in of Vil. of Mamaroneck, 57 AD3d 784, 785 the character of the neighborhood or a [2008]; Matter of Mobil Oil Corp. v Village detriment to nearby **2 properties will of Mamaroneck Bd. of Appeals, 293 AD2d be created by the granting of the area 679, 681 [2002]). Furthermore, not only were variance; (2) whether the benefit sought all of the surrounding lots nonconforming by the applicant can be achieved by some in terms of the applicable requirements for method, feasible for the applicant to pursue, bulkhead setbacks, but, by constructing a other than an area variance; (3) whether new home, the petitioner would actually the requested area variance is substantial; increase the distance between the bulkhead (4) whether the proposed variance will have and his residence (see Matter of Schumacher an adverse effect or impact on the *510 v Town of E Hampton, N. Y. Zoning Bd. of physical or environmental conditions in the Appeals, 46 AD3d 691 [2007]). Accordingly, neighborhood or district; and (5) whether the Supreme Court properly annulled so the alleged difficulty was self-created, which much of the determination of the ZBA as consideration shall be relevant to the denied those branches of the petitioner's decision of the board of appeals, but shall application which were for side yard and not necessarily preclude the granting of the bulkhead setback variances (see Matter of area variance" (Town Law § 267-b [3] [b]). Campbell v Town of Mount Pleasant Zoning Bd. of Appeals, 84 AD3d 1230 [2011]; Matter Here, as the Supreme Court observed, of Cassano v Zoning Bd. of Appeals of Inc. although the petitioner's difficulty arguably Vil, of Bayville, 263 AD2d 506, 507 [1999]). was self-created, there was no evidence Skelos, J.P., Dickerson, Belen and Miller, that the grant of the requested side yard JJ., concur. and bulkhead setback variances would have an undesirable effect on the character of the neighborhood, adversely impact on Copr. (C) 2018, Secretary of State, State of physical and environmental conditions, or New York Q P U DDP N:.�>f _...,_.,.._.i 16 T r2Ci».,.'.,._...,..i Ltf f;E'::�N o ..k.:1:�)Y,i):lf.t..._...`„1..............................., ,....`,..,j`,,..,,.._. rKs Southoid Town a fru tee Matter of Daneri v Zoning nd.of Appeals of the Town of Southold,98 A.D.3d 508(2012) 949 N.Y.S.2d 180,'2012 N.Y.Slip Op.05820 End of Document G,2018 Thomson Reiters.No clam to original U S.Government Works E rnE JUN 202018 Southold Town a r to 1 ns;�Ni=)'t ;-i:'rE.i�f;3';� I.�.3�,'IriEt"t�t) ;1`:,�t;'�°,t t�..?. 5,i.Vi.;Clt�.,>';it; r"Jii;' ..._ ._.. ....._....,._.,....._..,..._....,.,w..,, Ss J BOARD MEMBERS rF soy Southold Town Hall Leslie Kanes Weisman,Chairperson �Q� Tiy� 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Gerard P.Goehringer �, a� Town Annex/First Floor,Capital One Bank George Horning 54375 Main Road(at Youngs Avenue) Ken Schneider �lif'COU Southold,NY 11971 http://southoldtown.northfork.net RTEE 4VE ZONING BOARD OF APPEALS -+_ 1);o TOWN OF SOUTHOLD EC 2 Tel.(631)765-1809-Fax(631)765-9064 Southold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 20,2012 ZBA FILE: 6029 NAME OF APPLICANT: EUGENE L.DANERI(KATHERINE DANERI) SCTM#1000-123-6-14 PROPERTY LOCATION: 200 Private Road 417,(aka Terry Path),Mattituck RESOLUTION OF THE BOARD: motion was offered by Member Weisman (Chairperson), seconded by Member Schneider, and duly carried,to GRANT, the requested variances for an easterly single side yard setback of 12 feet with the "dormer" (Bay window)setback of 10 feet,a westerly single side yard setback of 12 feet with a"dormer"(bay window)setback of 11.1 feet and a bulkhead setback of 30 feet for a proposed two-story dwelling in accordance with the judgment of the Supreme Court, Suffolk County(Spinner,J,),dated October 13,2010 and affirmed by the decision and order of the Appellate Division, Second Department dated August 1, 2012 and as shown on the survey stamped received by the Board of Appeals August 16, 2007 as follows: survey dated June 20, 2006 last revised August 16, 2007 prepared by Nathan Taft Corwin, III LS., and the correspondence received from Suffolk Environmental Consulting, Inc. dated August 16,2007; GRANT, the requested variance for a proposed accessory garage 10 feet from the easterly side lot line, in accordance with the Board's determination of September 27, 2007 and as shown on the drawings stamped received by the Board of Appeals on August 16,2007 as follows: proposed garage plan dated August 15,2007 as pages Al- 3 prepared by Mark K. Schwartz, Architect and the correspondence received from Suffolk Environmental Consulting, Inc.dated August 16,2007. 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,Dinizio,Schneider,Horning. This Resol tion was duly adop (5-0) ® C `E ll E Z I D Leslie Kanes Weisman,Cha�i' rson J U N 2 0 2018 Approved for filing �?-� !-G/2012 Southold Town a of Tr tees - - - �— 'ate -- Reeve.Ave.._Mattitucii CA-construct new dwelling w/insuff. front and rear-ya-rds-and--for approval-of a-ccegs. "- 0 I - - --- -- --- - ----- -- E EElVE I JUN 2 0 2018 + Southold Town Board of Trustees -...{� .•.* _ ,-. "`"r,. -�T ; ,.:ire"=._. . ,< ._-.r .�� - _ .. ._ - -- t _ TOWN OF SOUTHOLD,NEW YORK DATE.216/81 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2773 Application Dated December 22, 1980 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD - To Richard F. Lark, Esq. , as attorney for Appellant _Mr. Joseph D. Posillico, Sr. at a meeting of the Zoning Board of Appeals on January 22, 1981 , the appeal was considered and the action indicated below was taken on Your (X) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance Art. I I I, Sec. 100-31 , Art. X I, Sec. ( ) 100-118E I' be granted ( ) be denied pursuant to Article .-................ Section .................. Subsection ................... paragraph ..._.............. of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be se Pulic ing: 8:3 confirmed eh D. Posillico, Sr.,Hemlock5Drive, Farmingdale, NYf11973 by Richard F. Lark, Esq. ) for Variances to: , (a) the Zoning Ordinance, Art. III, Sec. 100-31 , and Art. XI, Sec. 100-118E for permission to construct new dwelling with insufficient front and rear yards; and (b) New York Town Law, Sec. 280-a for approval of access. Location of property: Camp Mineola Road (a/k/a Reeve Avenue), Mattituck, NY; bounded north by Corwin; west by Private Road and Corwin; south by Bay; east by McMahon; County Tax Map Item No. 1000-123-6-12.4. (SEE REVERSE SIDE) 2. VARIANCE.By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because (SEE REVERSE SIDE) (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because (SEE REVERSE SIDE) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector( ) be confirmed ( ) be reversed. ZONING BOARD OF APPEALS FORM Z84 JUN 2 0:2018 Southold T wn a&Lrg' e After investigation and personal inspection, the Board finds as follows: Appellant has appealed to this Board seeking a variance for permission to construct a one-family dwelling with a setback from the westerly property line of 10 feet and from the easterly property line of 15 feet. The premises in question is approximately 90 feet in depth and an average of 200 feet in length. Existing on the premises is a one-story framed bungalow, which applicant intends to remove entirely, and which is presently approximately three feet from the westerly property line. Upon inspecting the general area, the Board finds many of the existing dwellings to have substantial insufficient frontyard and sideyard setbacks and that the granting of insufficient setbacks in the front and rear yard areas would not change the character of the district. The Board finds that the relief requested in relation to the Code requirements is not substantial ; that if the variance is granted no substantial detriment to adjoining properties will be created; that no adverse effect is produced on available governmental facilities of any increased population; that no substantial change is produced in the character of the neighbors hood; and that the interests of justice will be served by grant- ing the variance with certain conditions, specified below. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, that Joseph D. Posillico, Sr. be granted a vari- ance to the zoning ordinance, Art. III, Sec. 100-31 and Art. XI, Sec. 100-118E for permission to construct dwelling SUBJECT TO THE FOLLOWING CONDITIONS, and be granted approval of access: (1 ) That the dwelling not be constructed closer than 171 feet to the westerly property line [frontyard line], and that the dwelling not be constructed closer than 17; feet to the easterly property line [rearyard area]; (2) That the dwelling be constructed so that it does not protrude forward towards the Bay [south] of the easterly neighbor's existing dwelling; (3) That compliance be met of the regulations of the Flood Damage Prevention Law f the Town of Southold. Location of property: Camp Mineola Road (a/k/a Reeve Avenue), Mattituck, NY; bounded north by Corwin; west by Private Road and Corwin; south by Bay; east by McMahon; County Tax Map Item No. 1000-123-6-12.4. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer and Sawicki . APPROVED ?E,CEIVED AND FILED BY 4ftrmn Board of TY"— SOUi..?GI,D T01.7ii CLERKseals • DATE 2�6IS-/ IiOlJI3 /.3OP�• Tovm Cisrk, Town of S utl old �r n 4 JUN 2 0 2018 Southold Town I now Or formerly Leno F. Nowell 1 O In i� N.87'2700��E 92.92 •NO Y.fLDDTVV 4�fR/, aios I/ j J O z*.SAO{,TILITV LIME y TRY[LLIAK b V I AL.A.7 + ... - TAOT 11.,c MTI nl I� N now or formerly Montt r E E2018 JUN 2 D LII o Southold I in tw„°p LDl �.3a ar stees .9 37 fl•L �� S.83Y35 56 W m W y►ROF H W.M —� II TLliT HDL[. BA/ ao PECONI C - AT SURVEY FOR JOSEPH D. POSILLICO,SR. DEC.//,/980 AT WATT/TUCK DATE= NOV.II,/980 TOWN OF SOUTHOLD SCALE / r 30 SUFFOLK COUNTY,NEW YORK No. 80-594 _ NUNAUTHORIZED ALTERATION OR ADDITION ITS THIS GUARANTEED TO ETS [LLDUCAOF T OMHLIOM 7209 OF THE USL/FE nZE NTANE L31PfMOpMr.Tom TATLAW ES a<THIS SAVEY NOT KARSMG THE LAND 3URv[TDR'!Min0 SKALD OR ENSOSSED SEAL SMALL NOT K CONSIDERETO BE A VALID TRU[CO" ZE OF N YMRIARANi[t/SYHtlT[0 N[REON SHALL RANI ONLY TO SZP EY HEALTH DEPApTNENT-OAT(l FOR APPROWL TO CONSTRUCT 71[POISON FOR WHOM THE SURVEY Is PREPARED p �O ANO OI NIS SCHALF TO THE TITLE CONPARY.GOMM- Y I1(AR(yf rna WM_YI! *SOUR OF WATER MIMTE—Pualc_ MENTAL AGENCY AIR)LENDING INSTITUTION LISTED O� �s0 N,f R ft1F M TALYU 00T�SECTIOM ULL SAM��.LOT�f N01EON,ANO TO THE Asslo"ES OF THE LENDING I G N TNSRE ARE NO OWELLWSS WITHIN 100 FEET Of TAS PROPENTY MTUTHBL GUATA"" ARE NOT TR 10"BLE r14L/ OTHER THAN THOSE SNOWII MERLON. TO ADDITIONAL NMSTTMNSA OR IUSSLgIEMT ■THE IRATLR SUMLT AND Stow DISPOSAL STSTEM n o THIS ARSIDEMA= OWNERS 4 WILL COMM TO THE STANDARD/OF THt ML SUFFOLK COUNTY WARTNT N DISTANCts SHOWN HEALON FROM F'AaERR UMLS OF HEALTH SERVICES TO 911151106GTIIYCTURlS ARL FOR A SPECIFIC APPLICANT- IMPOSE AND ARE MOT TO K USED TO ESTABLISH PROPERTY LIMES OR FOR THE ERECTION OF FENCES 45893 ADDRESS y YOUNG & YOUNG MVERNEAD,NEW VO'E AME•■ Apvwwr ALDER W.YOUNG,PROFESSIONAL ENGINEER - -' ANO LAND SURVEYOR N XS LICENSE NO 12045 HOWARD 1L YOUNG,LAND SURVEYOR NM IOCATONaF reiyrl,StPRe tAHgSTEB CEJGPOOLSpV1BIIDWR NMLOM NY.S LICENSE X0.45093 ARt FRaY FIELD OOLR,NTIOM{AW 011 NTA OBTAWB FROM OTHERS - TDY POST 10494 ` EXHIBIT A 4r APPEALS BOARD MEMBERS S * Mailing Address: Ruth D. Oliva,Chairwoman �oy�� plGSouthold Town Hall 53095 Main Road-P.O. Box 1179 Gerard P.Goehringer # Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Michael A.Simon Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman cDUNt'(,�1 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net RE LVED ZONING BOARD OF APPEALS J TOWN OF SOUTHOLD 3 PM Tel.(631)765-1809-Fax(631)765-9064 LIAR 2 7 M FINDINGS, DELIBERATIONS, AND DETERMINATIOroA MEETING HELD MARCH 9, 2006 JUN 2 0 2018 ZBA File No. 5841 - Paul Long Property Location: 3945 Camp Mineola Road (Howell Avenue), Mattituck Parcel CTM 123-5-30 Southold Town a of-Trustees PROPERTY LOCATION: The applicant's property contains 8,997 square feet with 60 feet along Camp Mineola Road (a/k/a Howell Avenue). The property is currently improved with a 580+/-square foot single-family dwelling (to be demolished). BASIS OF APPLICATION: Request for Variances under Sections 100-239.46 and 100- 244, based on the Building Inspector's December 5, 2005 Notice of Disapproval, amended January 17, 2006 concerning a proposed new dwelling, after demolition of the existing dwelling. The reasons for disapproving the building permit application are that the new dwelling will be: (1) less than a total side yard (both sides) of 25 feet, (2) less than 75 feet from the bulkhead, and (3) the lot coverage will exceed the code limitation of 20 percent for all building area. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 2, 2006 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: 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 building proposed will replace a dwelling to be demolished. The percentage of coverage of the property will be reduced from the current 22.3% to 21+/-% (excluding concrete pads, walks and aprons) for the new construction. The proposed dwelling will be centered with 10 ft. side yards and is smaller in width than the existing dwelling. The setback from the bulkhead will not be reduced, and will remain at 28.3 feet and 35 feet to the rear lot line. For these reasons, the new construction is not out of character with the buildings in the area and is Page 2—March 9,2006 ZBA File No.5841 —Paul Long CTM 123-5-30 no more intrusive to adjacent properties or the beach front areas than any of the surrounding dwelling construction that exist. 2. The amount of relief requested is not substantial, inasmuch as the increase in lot coverage, to 21+/- percent will be less than that of the existing dwelling. 3. The proposed dwelling will be located further landward than the existing dwelling. There will be no reduction in the setback from the bulkhead, and no increase of lot coverage by building area. 4. The side setbacks, ten (10)feet on each side,will result in the building being centered on the lot and an increase from the existing nonconforming side yards. 5. Grant of the requested variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a replacement dwelling, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. BOARD RESOLUTION: On motion by Member Simon, seconded by Chairwoman Oliva, it was RESOLVED, to GRANT the variances as applied for, as shown on the May 17, 2005 survey, amended January 12, 2006 by Joseph A. Ingegno, and construction diagrams prepared by Mark K. Schwartz, A.I.A. 12/16/05 (Al, A2, A3), SUBJECT TO THE FOLLOWING CONDITION: That the 10-foot passages on the sides of the house remain free of any structure. 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. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Simon, and Weisman. (Member Dinizio was absent.)This Resolution was duly adopted (4-0). 24a- & a'�'�'- Ruth D. Oliva, Chairwoman 3/24/06 Approved for Filing ECEH, E JUN 2 0 2018 Southold Town Board of Trustees r G'A.�r� �l�.vEDLA•��.�1�7-riTcet� ._ T d7 __ CPA1sT�ucT 0&)X, .IAW6 lvir�c �',�sc�FFiC�ENT CoCr4 T� 19��Ess®.�� 4'Ares!6c W 1.°,�v 7Y.444 .,g",e To eoNS7-,6acC.7- W/7W -ol"'r OS66 14 T 1 1 t 1 QF2JU �V E 0 2018 Southold Town ar of Tr t e f �l3S ec►rY_P /LI,�Jeoto�. T��ce� - - --�� FIV s`/a- - GY �xzo,Ea a.6-Me" e''�,4P /tlivEDLA_ /ow i TiTue-<__-- (35 ' C',9 -X31Z r��oNs J',e�cc T .!�SELL��✓� Gly r� Y-+Is c�FF i e�E'N T �E-TB�� �iPa.rf WsT GA•✓�S/T/1J.�L Gel ATE.P nZ- ��-.Coc.,4-rE �,��Esse,e�/ c4,9.eA6� .�✓ �,ea.v�l�.ee.� /9,es;e 4/j o .3 - T C?cNS T,Pa c_T WiT. 607- v�i5}.�� �F .4L1.. S Tie tc_c Tic,eES /.1/ EXC�EsS DIc�tilRxiHtC,tit-��*�rr�c) o2a�- (' '-rTL S . fig °, 3s cg j-L Jc�v/G C ��,7 E Do JUN 2 0 2018 Southold Town Boa-r-of Trustees b� �ocl"'TFbcrr� � J► . cp Southold Toxon Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD. L.I., N.Y. 11971 TELEPHONE(516)765.1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3553 Application Dated August 27, 1986 TO: Mr. Garrett A. Strang, Architect [Appellant(s)] as 'Agent for EUGENE BOZZO Main Road, Box 1412 Southold, NY 11971 At a Meeting of the Zoning Board of Appeals held on November 3, 1986, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ l Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variances to the Zoning Ordinance Article III , Sectiors 100-31 and 100-32 Article XI Section 100-11.9.2 [ ] Request for Application of-EUGENE BOZZO for Variances to the Zoning Ordinance, Articles: (1 ) XI, Section 1 0-119.2 for permission to construct dwelling with an insufficient setback from wetlandsJtidal water along Great Peconic Bay; (2) III, Section 100-32 to relocate accessory garage building in the frontyard area, (3) III, Section 100-31 , Bulk Schedule, to construct with lot coverage of all structures in excess of maximum-permitted 20 percent. Location of Property: South Side of Camp Mineola Road, Mattituck; County Tax Map District 1000, Section 123, Block 6, Lot 127. WHEREAS, a public hearing was held and concluded on October 2, 1986 in the Matter of the Application for EUGENE BOZZO under Appeal No. 3553; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and C the surrounding areas; and WHEREAS, the board made the following findings of fact: 1 . This is an application for Variances from the Provi- J UN 2 0 2018 sions of the Zoning Code as follows: (a) Article XI, Section 100-119.2(6) to construct with an insufficient setback at 18 feet from the existing bulkhead along tidal waters at its Southold Town closest point; (b) Article III, Section 100-32 to relocate Rnnni of Tnje+Dne accessory garage building in the existing frontyard area with a setback of two feet at its closest point from the front property line along the right-of-way and at 4 feet at its closest point from the easterly side property line, and (c) Article III, Section 100-31 , Bulk Schedule, to construct with lot coverage of all structures at 25.7 percent of the total lot area. 2. The premises in question is a substandard parcel containing a total area of 7,896 sq. ft. with 50.0 ft. frontage (CONTINUED ON PAGE TWO) DATED: November 3, 1986. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD ,OF APPEALS Form ZB4 (rev. 12/81) Page 2 - I al No. 3553 Matter of cuuENE BOZZO Decision Rendered November 3, 1986 1. along a private right-of-way (which extends in a westerly direction from the west side of Camp Mineola Road) , Mattituck. 3. The subject premises is identified on the Suffolk County Tax Maps as District 1000, Section 123, -Block 6, Lot 27, and is improved with a single-family dwelling and accessory garage structure as more particularly shown by survey dated January 28, 1985 by Roderick VanTuyl , P.C. 4. The dwelling as exists is set back 18 feet at its closest point from the existing bulkhead (at the southeast corner) and is set back 7 feet from the side property line at its southwest corner, 10 feet from the side property lien at its northwest corner, 11± feet-from the easterly side property line at its southeast corner and 10± feet at its northeast corner. The existing garage is located in the frontyard area with setbacks at 2 feet at the closest point (northwest corner) to the front property line and approximately four feet from its closest point (southeast corner) at the east side. 5. Applicant proposes to move the dwelling 20 feet to the north, gaining the minimum required elevation above mean sea level ,as per the Flood Plain Management Law of the Town of Southold, and extend a new open deck area, retaining the same existing 18 ft. setback from the bulkhead. The existing percentage of lot coverage is shown by Site Plan dated August 5, 1986 to be 21 .7%. The proposed total lot coverage is shown to be 25.7%. The amount of relief requested as to excessive lot coverage is four percent of the total lot area, or 316 sq. ft. 6. Also proposed by this application is the rotating of the accessory garage 180 degrees, allowing the doors to face west. The size of the garage will not exceed 18' by 20' and will continue to belimited to storage incidental and accessory to the,-residential use of the premises and not operated for gain. 7. It is noted for the record that a conditional waiver MOD has been received dated August 28, 1986 from the Southold Town Trustees. 8. The board agrees that the uniqueness in the character w C=and configuration of this parcel lend to the difficulties for E o ZZ:new construction and finds that the relief as granted will be o �, M. o the minimum necessary under the circumstances. o In considering this appeal , the board also finds and co N determines that the granting of the relief as noted below: (a) will not be inconsistent with the general neighborhood; co (b) will be the minimal necessary under the circumstances; (c) is not substantial in relation to the requirements of the zoning code; (d) will not create a substantial change in the character of the area; (e) will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town; (f) will serve the interests of justice. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki , it .was RESOLVED, that Variances BE AND HEREBY ARE GRANTED in the Matter of the Application of EUGENE BOZZO for permission to relocate dwelling, construct open deck addition, and relocate accessory garage, SUBJECT TO THE FOLLOWING CONDITIONS: 1 . That the dwelling and deck construction be located no closer than 30 feet from its closest point from the existing bulkhead; (CONTINUED ON PAGE THREE) A � + Page 3 - Appeal No. 3553 Matter of EUGENE BOZZO Decision Rendered November 3, 1986 2. That the total lot coverage (of all structures) not exceed 24 percent of the total lot area; 3. There be no reduction in the sideyard setbacks to less than eight feet at the westerly side and 10 feet at the easterly side; 4. The accessory garage structure not be closer than five feet from the front property line along the private right-of-way, and not closer than four feet from the easterly side property line, as exists; 5. The garage doors face west, as proposed; 6. Deck area to be constructed at the southerly end of dwelling remain open and unroofed, as proposed. 7. The frontyard setback of the dwelling not be less than that shown on the August 5, 1986 site plan prepared by Garrett A. Strang, Architect. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki . (Member Doyen was absent. ) This resolution was duly adopted. lk GERARD P. GOEHRINGER, HAIRMAN November 19, 1986 D-- —n ,CLLI..1liou �uoid E JUN 2 0 2018 Southold Town —Board of Trustpus �rjf SU(/T�, Michael J. Domino,President Town Hall Annex`� �l0 John M.Bredemeyer III,Vice-President 54375 Route 25 P.O.Box 1179 Charles J. Sanders Southold,New York 11971 Glenn Goldsmith • �Q Telephone(631) 765-1892 A.Nicholas Krupski lif'100UNV Fax(631) 765-6641 BOARD OF TOWN TRUSTEES 6° ,l g TOWN OF SOUTHOLD Keaw lut�cTi@>��. �D suF u-mi, TO: Please be advised that your application dated ft 1112.019 has been reviewed by this Board at the regular meeting of Tffw I u and your application has been approved pending the completion of the following items checked off below. Revised Plans for proposed project Pre-Construction Hay Bale Line Inspection Fee ($50.00) 1st Day of Construction ($50.00) Y2 Constructed ($50.00) Final Inspection Fee ($50.00) Dock Fees ($3.00 per sq. ft.) 30-Year Maintenance Agreement(complete original form enclosed and submit to Board of Trustees Office) The Permittee is required to provide evidence that the non-turf buffer condition of the Trustee permit has been recorded with the Suffolk County Clerk's Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety(90) calendar days of issuance of this permit. Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: Q �zn .50 0D �Z.ls TOTAL FEES DUE: $ i BY: . Michael J. Domino, President Board of Trustees • AERIAL SITE PLAN POin N No Scale ago _ _. o 4 . w CA o k • r ..a;.' . N e- M Cr ,. Z Cp • -�k. r� MSI z [\ Q CIO V Cil tMr VS Ali S • .t r r . F ll r ... _ '' • �, yrs .I :S Qac`... Y, �� ,7, 1'S r t 'n a. L 41 E r, i • ' 1 ---- -- - ------ �' ------------ -------------- -- ------------ — — -------------------- -- _— ------- _ ------------ -------------- ---------- ------------- 0 -- e� L CL E ® I• ® ® ® d ea E AERIAL SITE PLAN DETAIL s NOTE: No Scale Twenty-three (23) neighboring properties were studied along w .s the same shoreline of subject property, of similar size and ° development, in order to measure the distance between the seaward-most point of the existing improvements and the N M► Y High Water Mark. The average of these setbacks was 34.9' ±. o fw N 0 � I • Additionally, of these twenty-three (23) neighboring o s • properties, nineteen (19) contain 2-Story Dwellings (82.6 %). ` N E Further, of these twenty-three (23) neighboring properties, a twenty (20) contain garages between the principal dwelling z 3 and the road. It should be noted that subject property also ,(t H zO z benefits from a garage between the principal dwelling and the p� Z M road. • I O � VJ � W > aOOM � o = ,r `V O 9. • o i1`- • 00 ,C (� L • 4 J s ECEIVE il— � N E L ..................................... JUN 2 0 2018 Approximate` rd of ThisteesSouthold IOWn y 61 owlD v] A U Bird's Eye View (Westerly Section) No Scale s 9W " i i tT'` t 1 LO ,. 3 � fi• � �+ � � `ice �0;�;°�� �"` - �� ._ � �1 "�•- , _ f Vim' _ _ ,� r•• �e��•. � O Sls• J8 a t V J O IJ N r•: s s w a Rin±* ;s : i►z7'�rr i--i z i 16.4 0 Ar E z0 m 164 y O r l o U N u •�� �� ' i� �`+ � � cam^, Bird's Eye View (Easterly Section) o Z 0. No Scale { r .��� � Z � .r' ; � s• ice: t � � .. rid. "~ , t � Vr ' '` +" • ed ..Arm `dr' • " '.�'.�' F"� G ^ y [ O �'•�. .rte' i. ,,�.A' ' �.r1^ I~ . �f� � N Ak It A _ �• , r I 0 • N 3 `O i1/�'�r� . ` , � � 7l�� �+ �_� ��-` a P.3!• � a� e w I - ��� '�I. ' �-. a' 'i r ������s• ate+ OL • D v� A U Michael J. Domino,Pri, lit Nez9&I, fl Town Hall Annex John M.Bredemeyer III,Vice=.rAident to 54375 Route 25 Glenn Goldsmith y P.O.Box 1179 A.Nicholas Krupski _Pry Southold,NY 11971 Greg Williams y p� Telephone(631)765-1892 ��l �a Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Date/Time: 4113116' -3 .3-5 Completed in field by: Suffolk Environmental Consulting, Inc. on behalf of KEVIN WHITROCK requests a Wetland Permit to demolish an existing 889sq.ft. one-story dwelling, 210sq.ft. detached garage, and abandon existing septic system; construct a 1,442sq.ft. two-story dwelling with a proposed at grade 6'x28' (168sq.ft.) deck against the landward edge of the bulkhead; a proposed 576sq.ft. detached garage; install a new septic system 120' from wetland boundary; and to install two (2) 6'x5' drywells to contain roof runoff on the dwelling, and one (1) 6'x5' drywell to contain roof runoff on the new detached garage. Located: 580 Terry Path, Mattituck. SCTM# 1000-123-6-20 CH. 275-3 - SETBACKS WETLAND BOUNDARY: Actual Footage or OK=q Setback Waiver Required 1. Residence: 100 feet 2. Driveway: 50 feet 3. Sanitary Leaching Pool (cesspool): 100 feet 4. Septic Tank: 75 feet 5. Swimming Pool and related structures: 50 feet 6. Landscaping or gardening: 50 feet 7. Placement of C&D material: 100 feet TOP OF BLUFF: 1. Residence: 100 feet 2. Driveway: 100 feet 3. Sanitary leaching pool (cesspool) 100 feet: 4. Swimming pool and related structures: 100 feet Public NoticeofHearing Card Posted: Y / N Ch. 275 Ch'. 111 SEQRA Type: 1 II Unlisted Action Type of Application: Pre-Submission Administrative Amendment Wetland Coastal Erosion Emergency Violation Non-Jurisdiction Survey <_ 5 years: Y/N Wetland Line by: C.E.H.A. Line Additional information/suggested modifications/conditions/need for outside review/consultant/application completeness/comments/standards: M o�/i z1 q •�yr'L�B� `ate�v✓A�� I have read & acknowledged the foregoing Trustees comments: Agent/Owner: Present were: J. Bredemeyer M. Domino G. Goldsmith /N. Krupski G. Williams Other .'+ � � +j. �. • 'r' a e4`�'` - �'•� +•• - +111 1 + - . as AAND � ....•- as � �- � ,K ►'•�.-_ ,.-_ � � .S � kA ^'w�a r \ L• f • v `il�eliii`. �` w �., ,rC•� r r / ri \.(�"� \ r Sit f �► ''op,1. j . a i r t 1 6 /13 /2-018,/ 151 . 4 5 7� WHITROCK Property Situate: 580 Terry Path ■ Mattituck ■ New York SCTM #: 1000— 123—06 —020 (Photo taken on November 21, 2017) Photograph indicating the conditions along the shoreline of subject property, including the existing dwelling to be removed and replaced with a new single-family dwelling. Photograph taken from the shoreline of subject property and Great Peconic Bay, facing north. _ _ r, r' t WHITROCK Property Situate: 580 Terry Path ■ Mattituck ■ New York SCTM #: 1000—123 —06—020 (Photo taken on November 21, 2017) Photograph indicating the conditions along the shoreline of subject property, including the existing dwelling to be removed and replaced with a new single-family dwelling. Photograph taken from the shoreline of subject property and Great Peconic Bay, facing northwest. y+ v_ r� im - 416 'A ' °I ... - ....Y. A V' V s, i I WHITROCK Property Situate: 580 Terry Path ■ Mattituck ■ New York SCTM #: 1000— 123 —06—020 (Photo taken on November 21, 2017) Photograph indicating the conditions along the shoreline of subject property, including the existing dwelling to be removed and replaced with a new single-family dwelling. Photograph taken from the shoreline of subject property and Great Peconic Bay, facing northeast. i WHITROCK Property Situate: 580 Terry Path ■ Mattituck ■ New York 1 SCTM #: 1000— 123 —06—020 "r• 4,> (Photo taken on November 21, 2017) *^R' Photograph indicating the staked out corners of the rr proposed Garage and the existing Garage (to be demolished). Photograph taken from the central section of the property, facing south. ` ..� i W i r 4 WHITROCK Property Situate: 580 Terry Path ■ Mattituck ■ New York SCTM #: 1000—123 —06—020 (Photo taken on November 21, 2017) Photograph indicating the staked out corners of the proposed Garage. Photograph taken from the southern section of the property, facing northwest. .t. i WHITROCK Property Situate: 580 Terry Path ■ Mattituck ■ New York ` SCTM #: 1000—123—06—020 (Photo taken on November 21, 2017) Photograph indicating the staked out location of the . ` + L" - • 4: proposed sanitary system. Photograph taken from the southern section of the property, facing northwest. 4!. WHITROCK Property Situate: 580 Terry Path ■ Mattituck ■ New York •. SCTM #: 1000—123 —06—020 (Photo taken on November 21, 2017) Y' Photograph indicating the staked out northeasterly corner { of the proposed dwelling. Photograph taken from the Y ... southerly section of the property, facing south. WHITROCK Property Situate: 580 Terry Path ■ Mattituck ■ New York SCTM #: 1000—123 —06—020 (Photo taken on November 21, 2017) Photograph indicating the staked out northwesterly corner of the proposed dwelling. Photograph taken from the southerly section of the property, facing southwest. , t �•+�4 a - .�'. 'y4�� fir, .,a- .. - -ISS• w\ �\ y ` y WHITROCK Property Situate: 580 Terry Path • Mattituck • New York r SCTM #: 1000— 123 —06—020 (Photo taken on November 21, 2017) Photograph indicatingthe staked out southeaster) and Y northeasterly corners of the proposed dwelling. Photograph taken from the southerly section of the property, facing north. i ♦+ 1`yT Y % -LIZ. • ., OFFICE LOCATION: rg ®Ur_� MAILING ADDRESS: Town Hall Annex `�® �® P.O: Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY 11971 �� Telephone: 631765-1938 a Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Michael Domino, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Date: June 14, 2018 f Re: Local Waterfront Coastal Consistency Review for KEVIN WHITROCK SCTM# 1000-123-6-20 Suffolk Environmental Consulting, Inc. on behalf of KEVIN WHITROCK requests a Wetland Permit to demolish an existing 889sq.ft. one-story dwelling, 210sq.ft. detached garage, and abandon existing septic system; construct a 1,442sq.ft. two-story dwelling with a proposed at grade 6'x28' (168sq.ft.) deck against the landward edge of the bulkhead; a proposed 576sq.ft. detached garage; install a new septic system 120' from wetland boundary; and to install two,(2) 6'x5' drywells to contain roof runoff on the dwelling, and one (1) 6'x5' drywell to contain roof runoff on the new detached garage. Located: 580 Terry Path, Mattituck. SCTM# 1000-123-6-20 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 action is INCONSISTENT with the below listed Policy Standards and therefore is INCONSISTENT with the LWRP. Policy 4.1. Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are recommended. specifically A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. The proposed residential structure is located in FEMA Flood designation 0.2 percent annual chance of flood hazard or "500-year flood", which means a flood has a 0.2 percent chance (or 1 in 500 chance) of occurring in a given year (USGS). The VE flood zone is locate seaward of the proposed residential structure. This flood designation is high risk and has a 26% chance of flooding over the life of a 30-year mortgage. No structures are proposed within-the VE flood zone. a E4i Y % 9nd address or Glace 1 O,1 rl 't 01 !p 516 TERRY RtTH � 20 JERRY PATH TH`ft !J f •� ,J �f��f^;��f a;'F,(r��fE{l' 'j f`J'lp` ''^�',iff''' - ., l/rt� f{!'r , .'.ef/N ,J'�h r ;j`e•ff 3.',rr"1 ".`r f>�.'fx rY'" 'mil fir` Y.! r✓;'.t;f,//,yep ffr�;,�r0f.J2r PACT ANNUAL CHA.NJC'¢EFL06 HA7AR0, �rA' PCF ' ' `r•.il'rr16 t,r 11-f < ,f /a J�`1; «.' �.tyam' ` ^° .< ;aa'J _ ,1f',r%c. /f/�.rj''f"'Pf:il'rt`!ff!..r'r1`�/fr`,,• ,',,,; .•.1; `�}IflJrt ''�.! i' .-�r""r',.^'.,'-�`'/rr f - 't�ffr"}'t./ r;s•r` P;�Ilfv .'ff 3;f ff�e°"P - fP fi- r�^; ,�.•':i' `°"` i'xx. ��-',x. ..� - f f,+ff,. �,� y"r Ffi.f frlr`r'•AF�`}''r ,fid'e.}t•:! ` < ,.- _ { ^�?r`..' �r/r''r' f� 1, w'2-'���'%4�r'" ,.2.ff�✓�� Q _ 3 r.xf+ iff - ' Figure 1. Subject parcel and flood zones. 3. Move existing development and structures as far away from flooding and erosion hazards as practical. Maintaining existing development and structures in hazard areas may be warranted for.- a. oraa. structures which functionally require a location on the coast or in coastal waters. The structures do not functionally require a location on the coast. b. water-dependent uses which cannot avoid exposure to hazards. The use is not water dependent. c. sites in areas with extensive public investment, public infrastructure, or major public facilities. The action does not include public investment, infrastructure or facilities d. sites where relocation of an existing structure is not practical. The parcel is over 595 feet long. It'is recommended that structures are located as far from flood hazards as practical. Policy 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 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. It should be noted that in response to property damage caused by Tropical Storm Sandy, the Board of Trustees issued a Wetlands Permit in 2013. The permit did not include the large deck seaward of the residential structure, rather a rock splash pad and filter fabric were specified in that location (see Wetland Permit 8004). It is recommended that the garage is,located outside of the FEMA mapped flood zone. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Damon Hagan, Assistant Town Attorney Peter Young,Chairmany Town Hall,53095 Main Rd. Lauren Standish,Secretary P.O Box 1179 Southold,NY 11971 Telephone(631)765-1889 Fax(631)765-1823 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., June 13, 2018 the following recommendation was made: Moved by Peter Meeker, seconded by James Abbott, it was RESOLVED to SUPPORT the application of KEVIN WHITROCK to demolish an existing 889 sf. one-story dwelling located 34' from the wetland boundary, demolish an existing detached garage located 139' from the wetland boundary, abandon existing septic system located 78' from the wetland boundary, and construct a 1442 sf. two-story dwelling 40' from the wetland boundary while expanding the existing at grade deck by 6', an attached garage located 172' from the wetland boundary, new sanitary system, installation of two (2) drywells for new dwelling and a third drywell for the proposed detached garage. Located: 580 Terry Path, Mattituck. SCTM#123-6-20 Inspected by: James Abbott, Peter Meeker The CAC Supports the application, however, the dwelling setbacks do not conform to the current wetlands code. The dwelling should be relocated further landward. Vote of Council: Ayes:-All Motion Carried BOARD MEMBERS =_ . Southold Town Hall �QF SO(/P�, 53095 Main Road o P.O.Box 1179 Leslie Kanes Weisman,Chairperson h0� Ol0 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes cry ,c Town Annex/First Floor,Capital One Bank Gerard P.Goehringer • �O 54375 Main Road(at Youngs Avenue) Nicholas Planamento IiYCQU Southold,NY 11971 http://southoldtown-ny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809 •Fax(631)765-9064 RECEIVED FINDINGS,DELIBERATIONS AND DETERMINATION AR 2 1 2018 MEETING OF MARCH 15,2018 ' 0, �" ZBA FILE 7143 uthold Town Clerk NAME OF APPLICANT: Kevin Whitrock PROPERTY LOCATION: 580 Terry Road,Mattituck,NY SCTM No. 1000-123-6-20 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated December 11, 2017 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated February 16, 2018. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available, it is the Coordinator's recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. The LWRP reported that the residential structure is located in FEMA Flood designation 0.2 percent annual chance of flood hazard or 500 year flood,which means a flood, has a 1 in 500 chance of occurring in a given year. The report also remarks on proximity of proposed improvements to flood zone VE and recommends moving development as far away from flooding and erosion hazards as practical. However, with the conditions imposed herein, the Board finds the proposed action CONSISTENT with the LWRP PROPERTY FACTS/DESCRIPTION. The subject property is a non-conforming 22,775 sq. ft. parcel in the R-40 Zoning District. The parcel measures 41.58 feet fronting the Great Peconic Bay on the southerly property line, 600.95 feet along the easterly property line, 595.00 feet along the westerly property line and 36.40 feet fronting f Terry Path along the northerly property line. The parcel is improved with a single family dwelling, a detached garage and a wood deck attached to a wooden bulkhead as shown on a survey prepared by John T. Metzger, L.S. last revised November 28,2017. BASIS OF APPLICATION: Request for Variances from Article III, Section 280-15B and 280-15F, Article XXIII, Section 280-124; and the Building Inspector's September 6, 2017, Amended October 31, 2017 Notice of Disapproval based on an application for a building permit to demolish an existing single family dwelling, construct a new single family dwelling and a new accessory garage; at; 1) proposed dwelling located less than the code R Page 2, March 15, 2018 47143, Whitrock SCTM No. 1000-123-6-20 required minimum rear yard setback of 50 feet; 2) proposed dwelling located less than the code required minimum side yard setback of 15 feet; 3) proposed dwelling located less than the code required minimum total side yard setback of 20 feet; 4) proposed accessory garage located less than the code required minimum (2) side yard setback(s)of 15 feet; at: 580 Terry Path,Mattituck, (Adj.to Great Peconic Bay),Mattituck,NY. SCTM#1000-123- 6-20. RELIEF REQUESTED: The applicant has proposed to demolish and reconstruct a new single family dwelling and a new accessory detached garage. The requests include a 40 feet rear yard setback from the single family dwelling to the rear yard property line instead of the minimum required 50 feet, a side yard setback of 5.9 feet where a minimum of 15 feet setback is required, and a total side yard setback of 11.9 feet where a minimum of 20 feet is required. In addition the applicant requests area relief for the proposed accessory garage which will be set back 8.3 feet and 6.0 feet from the side yard property lines where a minimum 15 feet for each side yard is required. ADDITIONAL INFORMATION: The applicant's agent presented to the Board members letters from neighbors in support of the proposed improvements and copies of prior ZBA decisions granting similar variances to other property owners in the community. In addition, the agent submitted a series of aerial photographs depicting most neighboring properties with non-conforming property widths. The photographs also illustrated that of a total of 23 dwellings 19 of them contain two story dwellings as proposed by the applicant. The applicant has agreed to remove and dispose of a small shed located landward of the existing garage. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on March 1, 2018at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant. 1. Town Law X267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Terry's Path is a private road that parallels Great Peconic Bay. The majority of the homes on Terry's Path in the area of the subject property have similar size non-conforming narrow, deep lots with long narrow private driveways that provide access to the waterfront homes. While the community developed as an area of seasonal summer cottages, over time most have been renovated to two story year round dwellings, as proposed by the applicant. Most properties also have accessory garages in the front yard with non-conforming side yard setbacks 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant, cannot be achieved by some method, feasible for the applicant to pursue, other than area variances. Side yard setback relief for the dwelling and the accessory garage is necessary because of the very narrow non-conforming width of the parcel which measures only 36 .4 feet While the applicant could conform to the code required minimum rear yard setback, the rear yard setback of the proposed new dwelling is greater than the existing dwelling to be demolished (31 feet) and greater than the average rear yard setback of other properties nearby. 3. Town Law $267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 20% relief from the code for the rear yard setback, 60.6% single side yard, and 40.5% total side yard setbacks for the dwelling; and 44% and 60% relief for the accessory garage side yard setbacks. However, an aerial map analyzing 23 neighboring properties adjacent to the Great Peconic Bay depicts the average rear yard setback as 34.9 feet. Therefore, the proposed 40 foot rear yard setback variance would be consistent with the character of the neighborhood and is greater than the existing rear yard setback of 31 feet. The proposed new dwelling is centered on the subject lot to create the largest side yard setbacks Page 3, March 15, 2018 #7143, Whitrock SCTM No. 1000-123-6-20 possible and proposes to increase those setbacks form the existing 3 ft. and 6.4 feet. An existing shed near the existing accessory garage is proposed to be removed and the lot coverage is only 9%. 4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential unity 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. Stormwater Management methods will be established in order to contain runoff on the property and a new sanitary system will be installed to be in compliance with Suffolk County Sanitary Code. 5. Town Law&267-b(3)(b)(5). The difficulty has been self-created.: The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new home and an accessory garage 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 Acampora, and duly carried,to GRANT the variances as applied for, and shown on the a survey prepared by John T. Metzger, L.S., last revised November 28, 2017 SUBJECT TO THE FOLLOWING CONDITION: 1. The applicant shall install leaders and gutters on the dwelling and the accessory garage in order to contain stormwater run-off on the premises. 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 apossible denial by the Building Department of a buildingpermit, 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. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written j Page 4, March 15, 2018 #7143, Whitrock SCTM No. 1000-123-6-20 request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1) year terms. Vote of the Board: Ayes:Members Weisman(Chairperson), Goehringer,Dantes,Acampora, and Planamento. This Resolution was duly adopted(5-0). Leslie Kanes Weisman, Chairperson Approved for filing / /2018 0' // � . 'Town Hall Annex Michael J.Domino,Presiidenta.' 54375 Route 25 John M.Brederneyer III,vice=Presidea3C e P.O,Box 1179 Charles J.Sanders �, �c Southold,Now York 11971 Glenn Goldsmith { F Y� Telephone(631) 765-1802 A.Nicholar,Krupski � ��04�q b ANO Fax{631) 965 6G4I '- BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only Coastal Erosion Permit Application X Wetland Permit Application Administrative Permit Amendment/Transfer/Extensign Received Application: �7 Received Fee:$ ?_SVy0 Completed Application: r— Incomplete: SEQRA Classifica' n: - -- — ! Type I Type-.Unlisted I Coordination:(date sent) d�g 1� MAY 1 2018 ; LWRP Consistency Assessmen�orm: CAC Referral Sent: S,3®� � � Date of Inspection: 1 a fifi � `""�vi!i'inl i?t;,vn � Receipt of CAC Report: I Nsid of Lead Agency Determination Technical Review: Public Hearing Held: Resolution: Name of Applicant Kevin Whitrock Address 46 Willow Ridge Dr. • Smithtown•New York• 11787 Phone Number: (631) 754-7065 Suffolk County Tax Map Number: 1000— 123—06—20 Property Location: 580 Terry Path•Mattituck•New York (provide LILCO Pole#, distance to cross streets, and location) AGENT: Bruce A Anderson- Suffolk Environmental Consulting,Inc. . (If applicable) Address: P.O.Box 2003•Bridgehampton NY 11932 Phone: (631)537—5160 G 51 Board of Trustees Application GENERAL DATA Land Area(in square feet): 22,775 square feet± Previous use of property: Residential w/garage Intended use of property: Residential w/garage Covenants and Restrictions: Yes _X --No If"Yes",please provide a copy. Will this project require a Building Permit as per Town Code?X Yes No ff"Yes",be advised this application will be reviewed by the Building Dept prior to a Board of Trustee review and Elevation Plans will be required. Does this project require a variance from the Zoning Board of Appeals X Yes No(already granted) If"Yes",please provide a decision. Will this project require any demolition as per Town Code or as determined by the Building Dept.? X Yes No Does the structure(s)on property have a valid Certificate of Occupancy? X Yes No Prior permits/approvals for site improvements: Agency Date None found No prior permits/approvals for site improvements. Has any permitlapproval ever been revoked or suspended by a governmental agency? X No Yes If yes,provide explanation: Project Description(use attachments if necessary): Applicant propose to demolish an existing 889 s.f. one story dwelling located 34-feet from the wetland boundary, demolish an existing 210 s. f. detached garage located 139 feet from the wetland boundary, abandon an existing septic system located 78-feet from the wetland boundary, and construct a 1442 two story dwelling 40-feet from the wetland boundary while expanding the existing at grade deck by 6 feet (6'x 28' or 168 s. Q, a 576 s.f. attached garage located 172 feet from the wetland boundary, a new septic system located 120 feet from the wetland boundary, install two [21 6' x 5' drywells located 93 feet from the wetland boundary (for the new dwelling) and a third drywell 6' x 5'for the proposed new detached garage. Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purposes of proposed operations: Replace and existing dwelling and detached garage with a new dwelling and new detached garage while upgrading the septic system and installing stormwater control devisces whrere none presently exist. Area of wetlands on lot: 0± square feet Percent coverage of lot: 8.8 t % Closest distance between nearest existing structures and upland edge of wetlands: 15.0 feet (Existing bulkhead) Closest distance between nearest proposed structures and upland edge of wetlands: 34.00 feet(seaward edge of expanded at-grade deck) Does the project involve excavation or filling? No X Yes (septic system and crawl space) If Yes,how much material will be excavated? 22 (cubic yards septic) How much material will be filled? 0 (cubic yards) Depth of which material will be removed or deposited: 6 feet Proposed slope throughout the area of operations: 0% Manner in which material will be removed or deposited: Construction largely with small excavator required for septic system and trenching for crawl space. Statement of the effect, if any,on the wetlands and tidal waters of the town that may result by reason of such proposed operations(use attachments if appropriate): No impact to the wetlands anticipated because the project results in a compliant septic system and incorporates the required stormwater controls. Short Environmental Assessment Form Part I -Project Information Instructions for Completing Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: Whitrock Project Location(describe,and attach a location map): 580 Terry Path,Mattituck Brief Description of Proposed Action: Applicant propose to demolish an existing 889 s.f.one story dwelling located 34-feet from the wetland boundary,demolish an existing 210 s.f. detached garage located 139 feet from the wetland boundary,abandon an existing septic system located 78-feet from the wetland boundary, and construct a 1442 two story dwelling 40-feet from the wetland boundary while expanding the existing at grade deck by 6 feet(6' x 28' or 168 s.f.), a 576 s.f.attached garage located 172 feet from the wetland boundary,a new septic system located 120 feet from the wetland boundary,install two[2]6' x6' drywells located 93 feet from the wetland boundary(for the new dwelling)and a third drywell 6' x5' for the proposed new detached garage. Name of Applicant or Sponsor: Telephone: 631-754-7065 Kevin Whitrock E-Mail: kwhitrock08@yahoo.com Address: 47 Willow Ridge Rd. City/PO: State: Zip Code: Smithtown NY 11787 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 ❑ may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: Southold Zoning Variance(granted)+SCDHS approval for water supply and sewage disposal ❑ 3.a.Total acreage of the site of the proposed action? 0.5 acres b.Total acreage to be physically disturbed? >0.1 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 0.5 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban []Rural(non-agriculture) [—]Industrial ❑Commercial RI Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic El Other(specify): ❑Parkland Page 1 of 3 { 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? ❑ Fv� ❑ b.Consistent with the adopted comprehensive plan? ❑ ❑✓ ❑ 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? ❑ ❑✓ 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify:Peconic Bay ❑ 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES EI- b.Are public transportation service(s)available at or near the site of the proposed action? R] ❑ c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? RI ❑ 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: ❑ ❑ 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: ❑ 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: ❑ on site septic system 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? RI ❑ b.Is the proposed action located in an archeological sensitive area? Wl ❑ 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES 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? Fv� ❑ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: R]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 NO YES by the State or Federal government as threatened or endangered? RI ❑ 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, ❑ a.Will storm water discharges flow to adjacent properties? ❑NO EYES b.Will storm water discharges be directed to established conveyance systemsrunoff and storm drains)? If Yes,briefly describe: In NO EYES Applicant to install drywells for runoff control Page 2 of 3 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: ❑ ❑ 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: RI ❑ 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor na e:Bruce A.Anderson-Suffolk Environmental Cons.Inc. Date:3-30-2018 Signature:�+ PRINT FORM Page 3 of 3 18. Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: ❑ ❑ 19. Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: ❑ ❑ 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: ❑ ❑ I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Date: 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?" 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 El 1:1regulations? 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? 1:1 E 4. Will the proposed action have an impact on the environmental characteristics that caused the Elestablishment of a Critical Environmental Area(CEA)? El 5. Will the proposed action result in an adverse change in the existing level of traffic or El 1:1affect 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, ❑ Elwaterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage 1:1problems? wr 11. Will the proposed action create a hazard to environmental resources or human health? Z Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the_proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail, identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term, long-term and cumulative impacts. F] 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 i pact7lv- Name Town of Southold-Board of Trustees y of Lead ency Date `9 d _:r_ ©�1� President Print or Type Name of sponsible OfficjeFlp Lead Agency Title of Responsible Officer Signature of Responsible fficer in Lead Agency Signature of Preparer(if different from Responsible Officer) PRINT Page 4 of 4 WHITRUCK Property . Situate: 580 Terry Path ■ Mattituck ■ New York SCTM #: 1000— 123—06—020 (Photo taken on November 21, 2017) r �r Photograph indicating the staked out southwestern corner of the proposed Dwelling. � w Photograph taken from the southern section of the property, facing north. ,R t -w. I 4. 4_ M► f * .r Board of Trustees Application County of Suffolk State of New York Sevin Whitrock BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF,AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF CATION. W Signature SWORN TO BEFORE ME THIS DAY OF r I IIJILL ,20_IQ a Notary Public Michael Abbassi Notary Public,State of New York No.01AB6371589 Qualified in Suffo&County Commission Expires 03/05/2022 Board of Trustees Application AUTHORIZATION (where the applicant is not the owner) I, Kevin Whitrock residing at 46 Willow Ridge Dr. •Smithtown•NY■ 11787 do hereby authorize Suffolk Environmental Consulting bc._To apply for permit(s) from the Southold Board of Town Trustees on my behalf. Kevin Whitrock APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the Dart of the town officers and emnlovees. The nurrose of this-form-is-to Provide information which can alert the town of possible conflicts of interest end allow-it-to take whatever action is neccssea to avoid same. YOURNAME: Kevin%itrock (Last name,first name,middle initial,unless you are applying in the name of someone else of other entity,such as a company.If so,indicate the other person's or company's name.) NATURE OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee X Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other,"name the activity.) 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 applitmndagent/representative)and the town officer or employee.Either check 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 then 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation); C) an officer,director,partner,or employee of the applicant;or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this dav df 1 2018 Signature -,q tu-Z—:_0 - Print name Kevin Whitro Form TS 1 `APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of the town officers and employees. The pumose 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 necessarto avoid same. YOUR NAME: Bruce A. Anderson (Last name,first name,middle initial,unless you are applying in the name of someone else of other entity, such as a company.If so, indicate the other person's or company's name.) NATURE OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee X Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other,"name the activity.) 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 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 then 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation); C) an officer, director,partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Brother in law Submitted thi I I day of I 2018 Signature Print name Bruce A. Anderson Town of Southold PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: 123.-6-9 Susan Norris and Stephen Latham P.O.Box 66 Mattituck,NY 11952 123.-6-19 and 22.7 William Lascelle and Elizabeth Richards PO Box 395 Mattituck,NY 11952 123.-6-22.9+22.10 Charles and Dorothy 01dani P.O.Box 937 Mattituck,NY 11952-0917 STATE OF NEW YORK COUNTY OF SUFFOLK Bruce A. Anderson, residing at Suffolk Environmental Consulting, Inc, P. O. Box 2003, Brid eg hampton, NY 11932, being duly sworn, deposes and says that on the W' day of Junegal� deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Bridgehampton, that said Notices were mailed to each of said persons by CERTIFIED MAIL/RETURN RECEIPT. Sworn to before me this Day of ,20 Lf) Notary Public Matthew D lyans Notary Public of New York No. Ol IV6053859 Qualified in Suffolk County Commission Expires January 22, 20 11 NOTICE TO ADJACENT PROPERTY OWNER Cf1AOr% ^011"11131 IQTCCO TP11A/d1 AC 0^11TL f%l r% In the matter of applicant: Whitrock Project SCTM# 1000— 123—06—20 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to conduct regulated activities: Applicant propose to demolish an existing 889 s.f. one story dwelling located 34- -feet from the wetland boundary, demolish an existing 210 s. f. detached garage located 139 feet from the wetland boundary, abandon an existing septic system located 78-feet from the wetland boundary, and construct a 1442 two story dwelling 40-feet from the wetland boundary while expanding the existing at grade deck by 6 feet (6'x 28' or 168 s.f.) a 576 s.f. attached garage located 172 feet from the wetland boundary, a new septic system located 120 feet from the wetland boundary, install two [21 6' x 5' drywells located 93 feet from the wetland boundary (for the new dwelling) and a third drywell 6' x 5' for the proposed new detached garage. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 580 Terry Path - Mattituck- New York 3. That the project which is subject to Environmental Review under Chapters 96, 111 and/or 275 of the Town Code is open to public comment on: DATE: June 20, 2018 You may contact the Trustees Office at 765-1892 or in writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. PROPERTY OWNERS NAME: Kevin Whitrock MAILING ADDRESS: 46 Willow Ridge Dr. Smithtown - New York - 11787 PHONE #: (631) 754-7065 AGENT: Bruce A. Anderson _ Suffolk Environmental Consulting, Inc. MAILING ADDRESS: P. O. Box 2003, Bridcehampton, NY 11932 PHONE #: (631) 537-5160 Enc: Copy of sketch or plan showing proposal for your convenience. R,mns-A of A rrlinn4��*+ Michael J.Domino,riesident ry®�QSUFFO( C�G Town Hall Annex John M.Bredemeyer III,Vice-President �� ��, 54375 Route 25 Glenn Goldsmith cmP.O.Box 1179 A.Nicholas Krupski _rft Southold,NY 11971 Greg Williams 4' Telephone(631)765-1892 Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD --------------------------------------------------------------- In the Matter of the Application of KEVIN WHITROCK COUNTY OF SUFFOLK STATE OF NEW YORK AFFIDAVIT OF POSTING TO BE COMPLETED AFTER POSTING REMAINS IN PLACE FOR AT LEAST SEVEN DAYS PRIOR TO THE PUBLIC HEARING DATE I V( residing at/dba SUFFOLK ENVIRONMENTAL CONSUL PO. BOX 2003 BRIDGEHAMPTON,NY 11932-2003 being duly sworn, depose and say: That on the 3 V of J')%a U , 201: , I personally posted the property known as M1 � 1 e 0 by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held Wednesday, June 20, 2018. Dated: _'vr+r. AT'-, Z.1-6 (signature) .1- (signature) Sworn to before me this day off.0 201 g A. Notar P lic Matthew D Ivans Notary Fublic of New York No. 01 IV6053859 Qualified in Suffolk County Commission Expires January 22, 20 s ' f m 1 O m ° m rn J �=�'• txt �:C L' k:'£ia $tt1 Ln $ertified Mail Fee -$� 4.' dz 11 ! $_11erGfied Mall Fee $��4r 0932 Fxtra Services&Fees(checkbox,add fee ate) I Sutra Services&Fees(checkbox,add feeei -�E.S PQS' ^a7 O ❑Retum Receipt(hardcopy - $ l <, 0 ❑Return Receipt(hardcopy) $ Return Receipt C 0 ❑RetumRecaipt(eiectmnic) $ - Postmark (� O ❑ pt(electmnlc) $ 11 Po is m __ C3 ❑Certified Mall Restricted Delivery $ Here ❑Certrfled Mail Restricted Delivery $ 'Here ❑gduk Signature Required Q ❑Adult Signature Required $• - •9 v < ❑Adult Signature Restricted Delivery �G [:]Adult SignatureRestricted Delivery$ ° '� � � i Postage $a.5a G� � � Postage $11.50 2 m .0 Total Postage and Fees C16/04/- 113 i ti Total Postage and F s06/04/2018 ti $ ;$6.70 $ ,.7a alt, f— $er{t ro 1 r- S t To o W t Viet l t�S t eAl� �._------(t?e--z - - - �otrakk� d l r - c,,...� — ------ S�et---Apt WN ii PO Box IVo. ,i $feet andApt 709,orT°O Box leo. 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"ami' •� `'l,'i 1^ �_ >'t: '4'..fi?} 'r:.'tt - _hM1, y _ - `; •,�,..'� T,,k,�'a .',fie" "`-t x�;..,.a`'y<: `b: p:i,'r ,£`' Y"v;�- •,i: „,� • Via' _ :r, STATE OF NEW YORK COUNTY OF SUFFOLK residing at being duly sworn, deposes and says that on the day of , 20___, deponent mailed a-true copy of the Notice set forth in the Board of Trustees Application,directed to each of the above named s_ persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at ,that said Notices were mailed to each of said persons by CERTIFIED MAUURETURN RECEIPT. 1 r Sworn to before me this Day of ,20 Notary Public NUTIL ' _ it Ulm H 'LARING NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Southold Town Board of Trustees at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: KEVIN WHITROCK SUBJECT OF PUBLIC HEARING : For a Wetland Permit to demolish an existing 889sq.ft. one-story dwelling, 210sq.ft. detached garage, and abandon existing septic system; construct a 1 ,442sq.ft. two-story dwelling with a proposed at grade 6'x26' (168sq.ft.) deck against the landward edge of the bulkhead; a proposed 576sq.ft. detached garage; install a new septic system 120' from wetland boundary; and to install two (2) 6'x5' drywells to contain roof runoff on the dwelling, and one (1 ) 6'x5' drywell to contain roof runoff on the new detached garage. Located: 580 Terry Path, Mattituck. SCTM# 1000-123-6-20 TIME & DATE OF PUBLIC HEARING : Wednesday, June 20, 2018 — at or about 5 :30P. M . If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631) 765-1892 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: 123.-6-23 Susan Norris and Stephen Latham P.O.Box 66 Mattituck,NY 11952 123.-6-22.7 William Lascelle and Elizabeth Richards PO Box 395 Mattituck,NY 11952 115.-9-4 Susan Norris P.O.Box 66 Mattituck,NY 11952 123.-6-22.9 Charles and Dorothy 01dani P.O.Box 937 Mattituck,NY 11952-0917 STATE OF NEW YORK COUNTY OF SUFFOLK Bruce A. Anderson, residing at Suffolk Environmental Consulting, Inc, P. O. Box 2003, Brid eg hampton, NY 11932, being duly sworn, deposes and says that on the 9t' day of January, 2018, deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Bridgehampton, that said Notices were mailed to each of said persons by CERTIFIED MAIL/RETURN RECEIPT. Sworn to before me this Day of , 20— Notary Public NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: Whitrock Proiect SCTM# 1000— 123—06—20 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to conduct regulated activities: Applicant propose to demolish an existing 889 s.f. one story dwelling located 34- feet from the wetland boundary, demolish an existing 210 s. f. detached garage located 139 feet from the wetland boundary, abandon an existing septic system located 78-feet from the wetland boundary, and construct a 1442 two story dwelling 40-feet from the wetland boundary while expanding the existing at grade deck by 6 feet (6'x 28' or 168 s. f.), a 576 s.f. attached garage located 172 feet from the wetland boundary, a new septic system located 120 feet from the wetland boundary, install two [21 6' x 5' drywells located 93 feet from the wetland boundary (for the new dwelling) and a third drywell 6' x 5' for the proposed new detached garage. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 580 Terry Path - Mattituck- New York 3. That the project which is subject to Environmental'Review under Chapters 96, 111 and/or 275 of the Town Code is open to public comment on: DATE: You may contact the Trustees Office at 765-1892 or in writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. PROPERTY OWNERS NAME: Kevin Whitrock MAILING ADDRESS: 46 Willow Ridge Dr. Smithtown - New York - 11787 PHONE #: (631) 754-7065 AGENT: Bruce A. Anderson Cad Suffolk Environmental Consulting, Inc. MAILING ADDRESS: P. O. Box 2003, Bridgehampton, NY 11932 PHONE#: (631) 537 - 5160 Enc: Copy of sketch or plan showing proposal for your convenience. 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 review the exempt minor action list,policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered"yes"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# 0123 - 06 - 20 The Application has been submitted to (check appropriate response): Town Board ❑ Planning Dept. ❑ Building Dept. ❑ 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) ❑ (c) Permit, approval,license, certification: Nature and extent of action: Applicant propose to demolish an existing 889 s.f. one story dwelling located 34-feet from the wetland boundary, demolish an existing 210 s. f. detached garage located 139 feet from the wetland boundary, abandon an existing septic system located 78-feet from the wetland boundary, and construct a 1442 two story dwelling 40-feet from the wetland boundary while expanding the existing at grade deck by 6 feet (6'x 28' or 168 s. M, a 576 s.f. attached garage located 172 feet from the wetland boundary, a new septic system located 120 feet from the wetland boundary, install two (21 6' x 5' drywells located 93 feet from the wetland boundary (for the new dwelling) and a third drywell 6' x 5' for the proposed new detached garage. Location of action: 580 Terry Path■Mattituck■New York Site acreage: 0.5 f acres Present land use: Single Family Residential w/detached garage 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: Kevin Whitrock (b) Mailing address: 46 Willow Ridge Dr. - Smithtown-New York■ 11787 (c) Telephone number:Area Code(631)754-7065 (d) Application number, if any: N/A Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No ® If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space,makes efficient use of infrastructure,makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III—Policies;Page 2 for evaluation criteria. ® Yes ❑ No ❑ Not Applicable As indicated within Policy 1, "Development that does not reinforce the traditional land use pattern of the Town of Southold would result in a loss of the community and landscape character of Southold.", this proposal seeks to replace an existing dwelling with the new dwelling and an existing detached garage with a new garage.The dwellina would be served by a new compliant septic system and full runoff control is incorporated into this proposal.Accordingly,the proposed project is consistent with this policy. 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 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 5 through 7 for evaluation criteria ® Yes ❑ No ❑ Not Applicable Subject proposal will enhance visual guality of the surrounding area because the type of development proposed herein is consistent with the surrounding development of the area or neighborhood. Therefore, this proposal is consistent with this policy. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life,structures,and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria ® Yes ❑ No ❑ Not Applicable Subiect proposal will fully comply with Policy 4 as the proposed dwelling complies in all respects to FEMA regulations and in fact the new dwelling would be sited further back from surface waters than the existing dwelling Therefore the proposal is consistent with this policy. Attach additional sheets if necessary Policy 5.Protect and improve water quality and supply in the Town of Southold. See LWRP Section III -Policies Pages 16 through 21 for evaluation criteria ® Yes ❑ No ❑ Not Applicable Subject proposal will comply with Policy 5 as the proposed project consists of implementation of the appropriate stormwater controls and features a new and fully compliant septic system. Therefore,the proposal is consistent with this policy. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria ® Yes ❑ No ❑ Not Applicable Subject proposal will comply with Policy 6 in that proposed activity swill provide enhancement of the surface waters through implementation of the appropriate stormwater controls and installation of a new and fully compliant septic system Therefore the proposal is consistent with this policy. 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 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 Not Applicable. Attach additional sheets if necessary PUBLIC COAST POLICIES Policy 9. Provide for public access to,and recreational use of,coastal waters,public lands,and public resources of the Town of Southold. See LWRP Section III—Policies;Pages 38 through 46 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Not Applicable. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect S'outhold's water-dependent uses and promote siting of new water-dependence uses in suitable locations. See LWRP Section III—Policies;Pages 47 through 56 for evaluation criteria ❑ Yes ❑ No ® Not Applicable 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 Not Aoolicable. 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 Not Applicable. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LVWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Not Applicable. Attach additional sheets if necessary Suffolk Environmental Consulting, Inc. Newman Village,Suite E,2322 Main Street,P.O.Box 2003,Bridgehampton,New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson,M.S.,President HAND DELIVERED May 11, 2018 U ;� E V E Mr. Michael Domino, President ; Board of Trustees MAY 1 1 2018 Town Hall P.O. Box 1179 Southold, NY 11971 aoufhold Town Re: WHITROCK Property Situate: 580 Terry Path• Mattituck, NY SCTM#: 1000—123—06—20' Dear Mr. Domino, This Firm represents the owner of the property referenced above, who propose to demolish an existing 889 ft.' one story dwelling located 34 feet from the wetland boundary, demolish an existing 210 ft.2 detached garage located 139 feet from the wetland boundary, abandon an existing septic system located 78 feet from the wetland boundary, and construct a 1442 ft.2 two story dwelling 40 feet from the wetland boundary while expanding the existing.at_grade deck by 6 feet (6' x28' or hundred and 68 ft.' ), a 576 ft? attached garage located 172 feet from the wetland boundary, a new septic system located 120 feet from the wetland boundary, install two [2] 6' x 5' dry wells located 93 feet from the wetland boundary (for the dwelling) and a third dry well 6' x 5' for the proposed new detached garage. Please find enclosed herewith for your review: (1) Town of Southold Trustees Wetlands Permit Application (original and three [3] copies); (2) Local Waterfront Revitalization Program application(original and three [3] copies); (3) Short Environmental Assessment Form (original and three [3] copies); (4) Photos of the property indicating the staked out locations of the proposed improvements therein (four(4] sets); (5) Zoning Decision#7143 filed March 21,2018; (6) Survey prepared by Peconic Surveyors, P.C. last dated August 22, 2017 (four[4] copies); and (8) Check made payable to the Town of Southold in the amount of$250.00 covering the requisite application fee. r � By way of this correspondence,and on behalf of the owners, I request that you commence review of this application and schedule for discussion and permit issuance at the next available Trustees Board meeting. Thank you in advance for your cooperation. Yours truly, Bruce A.Anderson enc. Cc: K.Whitrock