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Home My WebLink AboutErnst, EdwardAlbert J. Krupski, President James King, Vice-President Artie Fester Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Janua~ 9,2004 Mr. Edward T. Ernst 61025 Main Rd. Southold, NY 11971 RE: MILL CREEK PRESERVE SCTM#56-1-11.1 Dear Mr. Ernst: The Southold Town Board of Trustees reviewed the subdivision plan prepared by John C. Ehlers Land Surveyor last dated December 29, 2003 and determined the proposed dwellings on Lots 1,2,3,4 & 5 to be out of the Wetland jurisdiction under Chapter 97 of the Town Wetland Code and Chapter 37 of the Town Code. A Wetland Permit is required for any activity within 100' on Lots 1,2,3,4 & 5. Thereforel in accordance with the current Tidal Wetlands Code (Chapter 97) and the Coastal Erosion Hazard Area (Chapter 37) no permit is required. Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary or seaward of the coastal erosion hazard area as indicated above, without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground sun'ace or vegetation within Tidal Wetlands jurisdiction and Coastal Erosion Hazard Area, which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and the coastal erosion hazard area and your project or erecting a temporary fence, barrier, or hay bale berm. However, any activity within 100' of a Wetland line or seaward of the Coastal Erosion Hazard Area would require permits from this office. This determination is not a determination from any other agency. If you have any further questions, please do not hesitate to call. Sincerely, James King ,, f --~,~6e - P r e sTd-e ~ a rd of Trustees 2640 LONG CREEK DRIVE $OUTHOLD, NEW YORK 11971 USA ~ 765-93OO Fax (631 } 765-6107 January 08, 2004 Town of Southold Board of Town Trustees P.O. Box 1179 53095 Main Road Southold, New York 11971 Dear Mr. King: We respectfully submit this survey reflecting the changes discussed at the field inspection 10 December, 2003. We have moved the proposed structures so that they are now out of the Trustees' jurisdiction, 100 feet back from the wetlands. We are requesting a letter of non-jurisdiction to continue on with this Conservation Opportunity Subdivision. Regarding Lot #1. We have moved the structure back 25 fi~et from the main body of Long Creek to meet your request for a 100 foot setback. The Trustees agreed that by moving the slxueture back from the main body of Long Creek, you would allow us to expand the house to the east an equal amount, thus reducing the set-back from a minor freshwater wetland and small tidal spur offof Long Creek. We will not address this point at this time as we · . ' will provide time for your new laws to be enacted. are not contemplating construction m the near future and th~s At a later date, we would appreciate a letter to the D.E.C. supporting this change. 11-25-83 89:ll JOHNSTON LAW OFFICE ID=163173s. 5891 P.81 _~Lbe~ J. Krupsgi, ~sident New York 11971-0959 Telephone Fax BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD November 24, 200.3 i~, Igdwsrd Ernst Mill Creek 61025 Main ILd. Southolck NY 11971 De~r Mr, Ernst: Thank you for your letter of Nov~m]bcr 20, 2003. A~ s{a%ed/n your l,:tter, several of thc s~c~ s~ b~k ]e~ ~ ~e r~ui~d 100' ~om fi~ we~n~ ~ wcll as ~wa~ wetland. ~cref~e, ~ ~vc ~o}os~ ~ ~p~caion should you &ci~ to apply f~ p~im relays to c~fion of ~se skua~. Also wc ~ve also enclo~ a copy of ~ c~nt &a~ of C~p~ ~s ~ is ~ ~bjea of a public ~g ~ Dec~ber 2, 2003, ~ich ~ hop~ ~ill be ~mac~=d shelly. If you would hke w requcst a presubmls~ion site visit to discuSS yot~r possiblc construction of these smicrarcs, a $40.00 inspection ice is dtle at this tin, c, The next field inspection h~s bccn scheduled for Decanlbe~' 1 O, 2003. Please be altvised that you must rcqucst the inspcction by December I, 2003. feel :/iee '0o contant the ol-'lice if you have may tair~r questions. Tlnank you. Very u'uly yours, a.mcs King, Vi~esidcnt ~ Tru.sr~ .~iqc losurcs Lauren Standish, Secretarial AssiSumt for the Boazd of Town Trus~e~s E. Bro'amcll lohnstorh Jrt, Assistant Town Attorney for the Board of Town Traatee.s 11-25-83 89; 11 JOHNSTON LAW OFFICE I D= 16317345891 P.O, l~c~ 1179 5ou~bolcl, New York P.e2 BOAP. D OF TOWN 'I'~U$"I~E~ TOWN OF SOUTHOLD 2003 ~, Ed,~v-ard Mia Cl~-ck Preserve 61025 Main ILd. $ot.,thold, NY i 1971 Mr, Emit: Thank you for ~ur letter of Nov*m~he~ 20. 2003. As star,el in )'our letter, several nfthc lo~ 8~c~ s~k less ~ ~t~d 1~' ~d~ w~ ~ well as ~ wetly&. Th~efom, we ~ve cnclo~ ~ ~licafi~ s~ffid ~u ~ci~ to ~pl), fm ~ia reh~ c~fion of ~ s~s_ ~ we ha~ also ~clo~ a copy ~ ~ c~t ~ of ~p~ 97. ~is ~ft is ~e mbj~ of a ~ic ~hg ~ ~mb~ 2, 2~3, wh;eh ~ ho~ will be fi'you would hke to Iequesr a presubmis~i0n silc vlsi! re di~ems your possible ¢onscrmxiou oi these .~'l~uct'mx~ a ~i0.0fl [r~pection Icc ~$ duc a/this ~:lc. The next field/Ilspeatton ha! b/:cn s~h~lu.led for December ] O, 2003. Please be ~t~iSed that you must request r~ inspccaon by l.~c~mber I, 2003 V~'y wily ycrt.~s, n d~:nl Board o f Trash. cs Laure; Sta~d/$h, S~rial Assisl~mt far the Board of Tows Trus*ees E. Bro-a~ctl lohmstori, ~'x., _t~i~tant Tows Artom~, for the Boa:rd of'Fov, m Trt~t~s ?2~/~ f , c~ jo~.d~ O 3 MILL CREEK PRESERVE 61025 MAIN RD. SOUTHOLD N.Y. 11971 BOARD OFTRUSTEES TOWN OFSOUTHOLD Dear Sirs, We are currently in the final approval stage for Mill Creek Preserve, a conservation subdivision that preserves 90% of our 80 acre parcel and reduces density 75% fi.om a possible 23 homes to 6. Attached are copies of documents fi.om various agencies regarding this project. This action is covered under the Towns Moratorium as a conservation subdivision and meets all requirements for the Town to move ahead with it's approval process. Per the Trustees Temporary Moratorium, restrictions for reviewing and processing applications are for any new residential or commercial structure/building on vacant land. We feel that the moratorium does not apply in this circumstance for the followin~ reasons: 1. The land is not vacant, it has a residence and farm compound, occupied since 1710. 2. We are not making an application for a structure, we are seeking approval through the town for the project. Individual applications for construction will not be made until mid to late next year. What we are seeking[ is the guidance and direction of the Trustees in the design and execution of this conservation subdivision. Run offfi.om fertilizer used on lawns and ornamental plantings going in to our wetlands is a prime concern to us. As is the runofffi.om farm operations. On our farm, we have created grass filter strips around our fields, diverted runofffi.om the fields away fi.om the wetlands, and keep farm operations well away fi'om the tidal wetlands. To be proactive in our approach to the building lots that border on the wetlands, it is our intent to design the homes with raised decks and screened porches along the waterfi.ont side, with minimal d'~urbance to the land between it and the wetland delineation. Pruning of dead plants/trees or ofinvasive species per existing codes would be allowed. Plantings of non-indigenous plants or lawns will not be allowed. Ornamental plantings and lawns are restricted to the landward side of the home. By locating the homes so that rear yards are minimized, disturbance and abuse to the wetlands are minimized, enforcement by the D.E.C. and town facilitated (no expanding lawns, runoff, etc.). Setbacks to buildings are set at 80 to 90 feet on lot 1, 2 and 3. Lots 4 and 5 have different considerations and structures there exceed the 100 foot setbacks. Lot 6 is the existing farm complex and no changes to structures or additions are expected at this time. Lot I has a small building lot that is constrained by a small seasonal freshwater wetland and a spur of tidal wetland that juts into the lot. This spur may have been man made to drain the small wetland area, but nevertheless exists. We have achieved 80 to 86 feet for tidal setbacks and 100 feet for the freshwater setback. To go to 100 feet for the tidal would severely impinge on the residence. Lots 2 and 3 could have there setbacks increased to I00 feet, but to do that I would need to remove the restrictions on rear yard usage as the front yards would become less usable. I am looking forward to your site visit and input regarding these issues. iE(CEOVE NOV 2 0 2003 .~ $outhold Town Beard of Trustees Sincerely, ///~ Edward Erh.qt / BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD 53095 Main Road Phone 765-1892 Southold, N. Y. 11971 August 13, 2003 Jim, Since Al has recused himself, you as Vice President will be the lead Trustee in the Mill Creek Prese~'e matter. I am concemed that the Board may be prohibited from reviewing this site plan under the current moratorium. I suggest we contact Brownell in lieu of the moratorium with regards to Section 2: Part 1 - The Board of Trustees of the Town of Southold shall not accept for review, continue review, hold a hearing or make any decision upon an), application Otew or pending) made pursuant to Chapter 97 of the Town Code of the Town of Southold for an), new residential or commercial structure/building on vacant land. Please advise. Lauren IIIII CIF. B IIF. SF. III~ blwmll T. blst Jiagela Iletlen Phone (631 ) 765-9300 Fax (631 ) 765-6107 61025 MAIN ROAD 60875 PRIVATE ROAD SOUTHOLD, NEW YORK 11971 USA August 1 I, 2003 Board Of Town Trustees Town Of Southold P.O. BOX 1179 Southold, New York 11971 Attention: Albert J. Kxupski, .Ir. Chairman Dear Mr. Krupski, Could you please review our Conservation Plan for Mill Creek Preserve. Your input is invaluable to us and your _/~estions will be most welcomed. Ed a/~d Angela ~ PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICI-I~kRD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 MEMORANDUM PLANNING BOARD OFFICE TOWN OF $OUTHOLD D.ate: October 28, 2003 To: From: Lauren Standish, Town Trustee's Office Bruno Semon, Senior Site Plan Reviewer,////~ Request for information on Ernst / Norton Major Subdivision Southold, NY SCTM# 1000-56.-1-11.1 Status: Major subdivision application with a conservation component. Hi Lauren, The P.B. held a work session on October 27, 2003 at request of the applicant to review the final application. At this time we have not received the contract of sale from the county, therefore can't process this application. The P.B. has a question on whether this subdivision will be on hold under the Trustee's Moratorium LL 1/03 & 7/03 as proposed? Please let us know if the applicant can make a Trustee's application. The file can be reviewed in the Planning Board Office. Thank you in advance. Cc: file, pb members SUBDIVISION PLAN "MILL CREEK PRESERVE" SITUATE: ARSHAMOMAQUE TOWN: SOUTHOLD SUFFOLK COUNTY, N.Y. SUFPOL< COUNTY TAX HAP NUMBER IOOO - DS - I - I1.1 APPLICANT. AN®ELA NORTON ~D~AR~ ERNST 61025 HAIN ROAD $OUTHOLD, NE~ YORK ,/ N W /I//~ E S SCALE MATCH iPevelopment Ri~ht~ LINE ? C C \\ ' \ \ c ?°ed C \/ c \\ \\ C \\ \\ \\ \\ \\ I ore2 leh~nd F~o[I =Roo // II I/ /I II II II II II II II II !0" V~ 00' S88"]0'40"E 224. NB8'J0'40"N 226.37' SEPTIC 51 ~ i mi" I F~BTAll TYPICAL PLOT PLAN no~ ~o $cole // SEPTIC, OATE~ .................... BY: ...................... C. EHLERS 6 EAST MAIN STREET RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF-\~Hp server~PROS\98-i 14w.pro I SHE~T 2 OF 21 LAND SURVEYOR N.Y.S. LIC. NO. 50202