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Home My WebLink AboutTR-6165 James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town H~lAnnex 54375M~nRoad P.O. Box 1179 Southold, New York 11971-0959 Telephone(631) 765-1892 Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD June 8, 2009 Mr. Peter Cowan 435 Mockingbird Lane Southold, NY 11971 RE: 435 MOCKINGBIRD LANE, SOUTHOLD SCTM: 55-6-15.57 D~ar Mr. Cowan: With regard to the above referenced property, a final inspection was made and it was determined that the relocation of the pool fence was constructed in compliance with the Amendment dated March 18, 2009 to Wetland Permit #6165, as issued on July 20, 2005. If you have any questions, please call our office at (631) 765-1892. Sincerely, King President, Board of Trustees JFK:eac James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (63 I) 765-1892 Fax (631) 765-6641 Z/do? BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DATE OF INSPECTION: Ch. 275 Ch. 111 INSPECTION SCHEDULE Pre-construction, hay bale line/silt boom/silt curtain 1 st day of construction __ ½ constructed V//' Project COmplete, compliance inspection. ,NSPECTED BY: COMMENTS: CERTIFICATE OF COMPLIANCE: C~3u3c.~ James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town H~I Annex 54375MainRoad P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 March 18, 2009 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. & Mrs. Peter Cowan 435 Mockingbird Lane Southold, NY 11971 RE: 435 MOCKINGBIRD LANE, SOUTHOLD SCTM# 55-6-15.57 Dear Mr. & Mrs. Cowan: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, March 18, 2009: RESOLVED, that the Southold Town Board of Trustees APPROVE the Amendment to Wetland Permit #6165 to remove the fencing near the wetland area and install a new fence around the existing swimming pool, and as depicted on the site plan prepared by Bdarcliff Landscaping last dated February 17, 2009, and received on March 6, 2009. 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 call our office at (631) 765-1892. Sincerely, King President, Board of Trustees JFK:eac James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631] 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERM IT. iNSPECTION SCHEDULE Pre-construction, hay bale line ,41//} 1st day of construction A)/~/~ constructed \/ Project complete, compliance inspection. DECLARATION THIS DECLARATION, dated .~ ~ day of November, 2008, is made by PETER COWAN and GILLIAN COWAN (hereinafter the "Declarant"), whose address is 435 Mockingbird Lane, Southold, NY 11971. WITNESSETH WHEREAS, the Declarant is the owner of certain real property located in the Town of Southold, County of Suffolk, State of New York, Tax Map # District 1000, Section 55, Block 6, Lot(s) 15.57, which real property is more particularly described in Exhibit A annexed hereto (hereinafter referred to as the "Property"); and "This covenant shall serve as notification that regulated freshwater wetland #S0-4, is located on or near the properties of Peter and Gillian Cowan and his, her, their heirs, assigns or successors and is therefore subject to current environmental conservation laws regarding the conduct of regulated activities on such property." "Whereas, it is the responsibility of the owner of the property to obtain a current description of all regulated activities from the New York State Department of Environmental Conservation ("NYSDEC") or its successor organization for the purpose of determining what is considered a regulated activity. Performance of any regulated activity will require prior approval by the NYSDEC or its successor". "Whereas, the 75 foot area landward of the wetland boundary as shown on the attached survey and described as "75' conservation easement", will be preserved and will remain undisturbed and in natural vegetation in perpetuity. Only a 4' wide access path may be cleared. The following activities in the preserved area are specifically prohibited: clearing or cutting of vegetation, application of chemicals, excavation, grading, filling, construction, erection of any structures, and use of the area for the storage of materials or debris." The foregoing covenants shall run with the land and are binding on this owner and his heirs and assigns, forever." Any violation of these restrictions, covenants and agreements shall cause the violator, in addition to any fines, penalties, and/or forfeitures prescribed by law, to pay for any and all reasonable legal fees and expenses incurred by any party in enforcing the covenants, restrictions and agreements contained herein. ,,P~,1~ER ~OWAN GILLIAN COWl'S'4 - STATE OF NEW YORK ) COUNTY OF SUFFOLK )ss.: On the ~ ~'-~ day of November, in the year 2008, before me, the undersigned, personally appeared PETER COWAN and GILLIAN COWAN, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signatures on the instrument, the individuals or the persons upon behalf of which the individuals acted, executed the instrument. .......' j.,¢~_,_ .- ,.~ ..,..4~ ,,/~-19 dj-J_ Notary Public SCHEDULE A DESCRIPTION ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, SITIATE, LYING AND BEING AT SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NEVV YOKR, KNOWN AND DESIGNATED AS LOT 51 ON MAP OF HIGHPOINT MEADOWS, SECTION THREE, FILED IN THE OFFICE OF THE CLERK OF THE COUNTY OF SUFFOLK ON 3119190 AS MAP NUMBER 8912, SAID LOT BEING BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY SIDE OF MOCKINGBIRD LANE (CULDESAC) WHERE SAME IS INTERSECTED BY THE DN1SION LINE OF LOT 51 AND LOT 52 ON THE ABOVE MENTIONED MAP; THENCE ALONG SAID DIVISION LINE NORTH 39 DEGREES 17 MINUTES 20 SECONDS EAST 270.75 FEET; ~ ~ THENCE SOUTH 23 DEGREES 29 MINUTES 07 s'E~ONDS EAST 177.18 FEET; THENCE SOUTH 62 DEGREES 58 MINUTES 26 SECONDS WEST 251.13 FEET TO THE EASTERLY SIDE OF MOCKINGBRID LANE; THENCE ALONG THE EASTERLY SIDE OF MOCKINGBIRD LANE ALONG AN ARC OF A CURVE BEARING TO THE LEFT HAVING A RADIUS OF 60.00 FEET A DISTANCE ALONG SAID CURVEOF 74.16 FEET TO THE FIRST ABOVE MENTIONED DIVISION LINE AND THE POINT OR PLACE OF BEGINNING. LOT 51 MAP OF HI~HPOINT ~Ok~5, ~EOTION THREE" FILED MA~,~H Iq, IqqO A5 ~ILE NO. ~12 51TUATE: 50DTHOLD TOI~N: 50UTI-IOLD SUFFOLK COt)NTT, .,~A,)~D 04-25-200D INETLAND LOC.,ATION F'W. OP~ AC, TIONS 0-1-2q-2005 0~-~::~-2005, 12-1q-2005, UF'DATff 11-24-200~, ~U~FOLK GOUNT'r' TAX # I000 - 55 - 6 - 15~ I-4~,,~-0~526/00001 G-T~ .113rAN COWAN F~!TE~ CC)WAN NOT~5: ~ONUH~NT PIF~ FOUND STAKE FOUN~ · 0 4~.5 h4oc. klnc~lrd Lone ~oufhold, N~ I Iq-/2 AREA = 2qD52 5.F. OR 0.67~6 AGRE ®t:;~APHIC, ~(DALE I"= 40' N E JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.-\\Com?qserverkpros\05\05-150 as built after cut James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickersen Dave Bergen John Holzapfel Town Hall 53095 Route 25 P.O. Box 1179 S°uthold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD I'.,?'. .~ APPLICATION FOR AN AMENDMENT TO A WE f'-' ADDRESS ('~,.~.~'- t'toc~l~6t~_d ~,~e, ,.~oc, v-~t,~; ~ ttqTf AGENT PHONE ADDRESS PROPERTY LOCATION TAX MAP NO. 5 ~""- ~ request an Amendment to Permit # b/ S ignedBy: ,~b~/ / Peter & Gillian Cowan 435 Mockingbird Lane Southold, NY 11971 (631) 765-6781 Board of Town Trustees Town Of Southold Re: Application for an amendment to a wetlands permit: March 6, 2009 Board of Trustees, I am writing to you today for an amendment to my wetlands permit # 6~165. In October 2008 1 received a violation notice from the D.E.C. In this letter it was brought to my attention that I was in Violation of the permit they issued to me in May 2006. These violations were that one end of my fence which I had on my property was not in the same place as the permit had shown also I had failed to do the planting that were required and finally that I had failed to register the permit changes with Suffolk County clerk office, in a meeting with the D.E.C on February 19th 2009 it was decided that I had made all the necessary corrections therefore they reduced the violations to a warning. As a stated above one of the areas that I was not aware of was that one end of my fence was too close to the wetlands area and when I had the area surveyed again, it was clear they were correct. I hired Briarcliff Sod to remove all items from within the wetland area including an area of my pool concrete patio and as soon as the weather warms up they will return to complete the planting requirements. My goal is to get permission to remove all the fences around this area and replace it with a pool around the pool itself outside the wetlands buffer area. I have included copies all the letters from the D.E.C and copies of my permits & Certificates from the Southold Buildings & Trustees depts. Including Photo's of the work that was completed and survey maps of the areas. Sincere~ p r~Co~wan TOW OF SOUTHOLD BI]ILDING DEPART~I~T Office of tM Build/ng Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCuumANCY No: Z-31893 Date: 10/03/06 '~'~S ~c~_~J~S eh~t ~ bu/l~i-g IN,ROUND SWI~4ING ~L ~ti~of ~: 435 MO~I~ . SO~O~ (HOUSE ~.) (S~) (~) ~ T~ ~ No. 473889 S~ 55 ~ 6 ~t 15.57 confo~s s~st~tially to t~ ~lication for B~l~ng Pe~t heretofore file~ ~ ~h~s offi~ ~t~ ~RIL 11, 2006 ~t to ~ ~]~-g P~t ~. 31997-Z ~t~ ~Y 11, 2006 was issue, ~d confo~ to ~1 of ~e re.re--ts of the applic~le provisions of the law. The oc~p~cy for w~ this certificate is issued is AC~SSORY ~0~ SW~ ~L Wl'k~ ~ ~ ~DE ~ ~PLI~ ~R. The certificate is issued to P~l'~i( & GILLIAN COW]tN (OWNER) of the aforesaid building. SUm~O~KCOi~Fi.~DEPAi~T~NT~F~-~APP~Og-~L ~/A ~.RC'I%~I~(2]~I~[FICA~O- 109706C PL~ ~"~kTXFIfka-~fOND~'~u N/A 07/13/06 ~lZ~ Si~ture Rev. 1/81 D'L~' PERMIT NUMBER 1-4738-03526/00001 FACILiTY/PROGRAM NUMBER(S) PERMIT Under the Environmental Conservation Law EFFECTIVE DATE May 5, 2006 EXPIRATION DATE(S) May 5, 2011 TYPE OF PERMIT · New [] Renewal [] Modification [3 Permit to Construct [3 Permit to Operate [] Article 15, Title 5: Protection of Waters [] Article 15, Title 15: Water Supply [] Article 15, Title 15: Water Transport [] Article 15, Title 15: Long Island Wells [] Ar~cte 15, Title 27: Wild, Scenic and Reerea~nal Rivers [3 6NYCRR 608: Water Quality Certifica- tion [] Article 17, Titles 7, 8: SPDES [] Article 19: Air Pollution Control [] Article 23, Title 27: Mined Land Reclamation · Article 24: Freshwater Wetlands [] Article 25: 'ridal Wetlands [] Article 27, Title 7; 6NYCRR 360: Solid Waste Mana~lement [] Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management [] Article 34: Coastal Erosion Management [] Article 36: Floodplain Management E] Articles 1, 3, 17, 19, 27, 37; 6NYCRR 380: Radiation Control PERMIT ISSUED TO Peter Cowan ADDRESS OF PERMITTEE 435 Mockingbird Lane, Southold, NY 11971 CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER (631) 765-6781 ITELEPHONENUMBER NAME AND ADDRESS OF PROJECT/FACILITY Cowan Prol3erty, same as above. COUNTY I TOWN Suffolk Southold DESCRIPTION OF AUTHORIZED ACTIVITY: IWETLAND # I NYTM COORDINATES SO-40 E: N: Construct a swimming pool. All work is to be done in accordance with the attached plans stamped NYSDEC approved on May 5, 2006. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified and any Special Conditions included as part of this ~ermit. DEPUTY PERMIT ADMINISTRATOR: Mark Carrara I ADDRESS Region 1 Headquarters SUNY Bldg. 1/40, Stony Brook, NY 11790-2356 AUTHORIZED SIGNATURE j~ I DATE May 5, 2006 Page 1 of 5 New York State Department of Environmental Conservation Bureau of Habitat, Region One 50 Circle Road - SUNY, Stony Brook, New York 11790-3409 Phone: (631) 444-0275 Feburaly20, 2009 Alexander B. Grannis Commissioner Mr. Peter Cowan 435 Mockingbird Lane Southold, NY 11971 NYSDEC Permit #14738-03526/00001 Location: Cowan Property, 435 Mockingbird Lane, Southold Dear Mr. Cowan: During a compliance site inspection at your property located at 435 Mockingbird Lane it came to this · - · NYSDEC Permit #1-4738-03526/00001 in that you Department's attention that you are m vaolataon of failed to follow stamped approved plans as stated in General Conditions g9 of your permit. Also, the plantings were not completed as required in Special Conditions #11. At this time the Bureau of Habitat will not pursue the violations. However, the Department would like to see the plantings required by permit robe completed by 5/15/09. Please submit photos of the work required to the Department within ten (10) days of its completion. The fence may r~nain as built or be relocated to imm~iatelv around the pool and o~t~ide the buffer. In the future any unauthorized changes will be treated as serious violations punishable by fines and/or removal of structures and/or restoration of the area. Regulated activities include but are not limited to: construction of buildings, roads, driveways, parking ~reas and other structures; filling and excavating; clearing of vegetation; grading or ground disturbance. ' You may centact our Division Please do not hesitate to call me at (631 ) ~. a. 4~0234 af you have any quesUons, if you would like to of Environmental Permits at (631) 444-0355 on any Monday, Wednesday, or Friday, request an application for permit. Sincerely, Terri M. Widhalm Compliance Technician Bureau of Habitat tnlw Compliance Conference Bureau of Habitat Name: Case# ~ 0 ~0~? ~(~/ Date: Attendee Daytime Phone I*FWW= regulated freshwater wetland *AA= I00 foot adjacent area to a regulated freshwater wetland. Respondent Comments: Resolution: James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holz~pfel Town Hall 53095 Rou~e 25 P.O. Box 1179 · Southold, New York 11971.0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 0154C Date ~eptcmber 21, 2006 THIS CERTIFIES that the in:grotmd swimming pool, patio & fence At 435 Mockingbird Lane, Southold , Suffolk County Tax Map # 55-6-15.57 Conforms to the application for a Trustees Permit heretofore ~ed in this office Dated 5/27/05 pursuant to which Trustees Permit # 6165 Dated JuDy 20, 2005 Was issued, and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate ts being issued is for an in-ground swimming pool, patio & fence ....... . The certificate is issued to PETER COWAAq owner of the aforesaid property. Authorized Signature Board Of $outhold Town Trustees SOUTHOLD, NEW YORK PERMIT NO. 6!.9~ ........... DATE: ....J.'?-).),". 20..,....~g°5 ISSUED TO ............ ~l~'.~:.~...q?.~. ................................................................................... Pursuant to the provisions of Chapter 615 of the Laws of the State of New York, 1893; and Chapter ~ of the L~ws of the State of New Yore 1952; and the Soufhold Town Oral{hence en- titled ?REGULATING AND TIlE PLACING OF OBSTRUCTLQ. NS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS.FROM LANDS UNDER TOWN WATERS;!~. and in accordance with the Resolution of The Board adopted at a meeting held on ..~.!~L.Z...~(~.~ ..... .2Q~..., and in consideration of the sum of $....~.g.~.(~0.... paid by Peter Cowan of ............ S.?~.I~?~ .................................... N. Y. and subject to the Terms end Conditions listed on the reverse side hereof, of Southold Town Trustees authorizes and permits the following: Wetland Permit to install an in-g~ound swin~ning pool,patio and fence, with the condition d.rywells are installed to contain the pool backwash, and all as depicted on the survey prepared by John C, Ehlers last dated July 29, 2005, ~11 in accordance with the detai[ed specifications as presented in · the originating appllcetion. IN WITNESS WHEREOf:, The said Board Of Trustees here- by causes ifs Corporate Seal fo be a~xed, and these presents fo be subscribed by a 'majority of the said Board .as of this darn. , Ke_,g~Po liwoda TERMS ,,nd C. ONDmONS Peter Cowan 435 Mockingbird. Lane~ Soutbo%d , ,, · .... N. ¥~ ~ l. That the smd Boazd of Tnzstees and the Town o~ ~outhold ate ve~ea~xl from any and all dam~e~ o~ ~-~,~ ~o~ dau~ oi suits adst~, dLmcdy m iudim~y as a ~ of --y o~- 5. That this p~rmlt should be retained imief'mitcly, ot ts loog ts the said p,'rm;etee wishes m' ,~ the ~x~,~_~¢ or project involved, to p~ie evldmoe to zayone omcemed chat imt~- ~iz~tlou w~s o~b-~ty ~ 5. That these will be no umeaso~ble interference with mv~m ~ · result of the work ~. 'nat ebe'l'e:mls~e .iff ~ ~tl od~er p~- *,xlmmem~.~m~7 I~ requb~lmP* Albert J. I<rupski, President James King, Vice-President .~trtie Foster 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) 765-6641 July 20, 2005 BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD Mr. Peter Cowan 435 Mockingbird Lane Southold, NY 11971 RE: 435 MOCKINGBIRD LANE, SOUTHOLD SCTM#55-6.15.57 Dear Mr. Cowan: The Board of Town Trustees took the following action during its regular meeting held on Wed., July 20, 2005 regarding the above matter: WHEREAS, PETER COWAN applied to the Southold Town Trustees for a permit under the provisions of Chapter 97 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated May 27, 2005 and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on July 20, 2005, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, 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 97 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approve the application of PETER COWAN to install an in-ground swimming pool, patio and fence, with the condition drywells are installed to contain the pool backwash, and all as depicted on the survey prepared by John C. Ehlers last dated July 29, 2005. 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, Albert J. Krupski, Jr., President Board of Trustees AJK/Ims Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggs' A. Dickerson Toum Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631'~ 765-1892 Fax (631) 765-6641 TO: BOARD OFTOWNTRUSTEES TOWN OFSOUTHOLD Please be advised that your application dated reviewed by this Board at the regular meeting of following action was taken: has been and the (~'~) Application Approved (see below) (__)Application Denied (see below) )Application Tabled (see below) If your application is approved as noted above, a permit fee is now due. Make check or money order payable to the Southold Town Trustees. The fee is computed below accordCng to the schedule of rates as set forth in the instruction sheet. The following fee must be paid within 90 days or re-application fees will be necessary. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE: $ ~'~'3, SIGNED: PRESIDENT, BOARD OF TRUSTEES Telephone (631 } 765-1892 To~x~ Hall 53095 Route 25 P.O. Cox II79 Southold, Ne~ York 11971-0959 CONSERVATION ADVISORY COUNCIL TOWN OF SOUTHOLD At the meeting of the Southold Town Conservation Advisory Council held Tues., June 14, 2005, the following recommendation was made: Moved by Don Wilder, seconded by William Cook, it was RESOVLED to recommend to the Southold Town Board of Trustees APPROVAL WITH CONDITIONS of the Wetland Permit application of PETER COWAN to install an in- ground swimming pool and patio and for the existing fence. Located: 435 Mockingbird Lane, Southold. SCTM#55-6-15.57 The CAC recommends Approval of the application with the Condition the existing chain link fence is replaced with a split-rail fence and the 75' area landward of the wetlands is allowed to revert back to a natural state. Vote of Council: Ayes: All Motion Carried Bo]rd of Trustees , 39 0 0 ; Lol 40 '' N-55°56'2C?E, 251.01' 2OO. OO' 20000 s.f. o o. 20, 20000 s f. Lo! /? 21257 s.f. 145. OO 'I'-PflOPO~D ~" 'WATER ~,1~ 22157 s.f. m Q N'5§° E. 20,000 s.f. R =60 00' ~ . L=2468'"---.... R:6oOd 20518 s.f. .28' 19 72'% l,.9 I' 200. Q \ N.55 °56'; E. 222 20000 s I'. m. ~ · ~ 21301 sr. ® 24075 s.f. 8.33' S. 55'56' W. S 55°54'50'~/. 1.67' 2.00' EASEWlENT FOR TEMPORARY TURN 'AROUND TESTHOLE NO 2 22436 s.f. 22645s.f now or formerly 27660 s. f. 30640 s f. ~ ~ ~65. {9' 26693' 902.45' Edwin Mooney D. la- M. COMPANy YOUNG a YOUNG Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dicker$on BOARD OF TOWN TRUSTEES TO%~N OF SOUTHOLD Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line st '1 day of construction ¼ constructed /Project complete, compliance inspection. Albert J. Krupski, President James King, Vice-President .~a't ie Foster Ken Poliwoda I-'eg~,~, A. Dickerson To~m Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD September 21, 2005 Mr. Peter Cowan 435 Mockingbird Lane Southold, NY 11971 RE: 435 MOCKINGBIRD LANE, SOUTHOLD SCTM#55-6-15.57 Dear Mr. Cowan: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, September 21,2005: RESOLVED, that the Southold Town Board of Trustees APPROVE the Amendment to Permit #6165 to move the location of the proposed in-ground swimming pool approx. 3' closer to the house and away from the wetlands, and all as depicted on the survey prepared by John C. Ehlers last dated August 30, 2005. This is not a determination from any other agency. If you have any questions, please call our office at (631) 765-1892. Sincerely, Albert J. Krupski, Jr. President, Board of Trustees AJK:lms Albert J. IZ~-upski, President James King, Vice-President Artie Poster Ken Poliwoda Peg~' A. Dickerson BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD ~bwn Hall 53095 Rou[e 25 P.O. Box 1179 Southold, New~rk 11971-0959 Telephone (631) 765-1892 Fax (631) 7654366 ,TION FOIl AN AMENDMENT TO A PERMIT DATE OWNER ADdReSS AGENT ,&[)DRESS PItONE PROPERTY I_OCATION TAX MAP NO.__ COCO0-,,' request an Amendment to Pe=it ~ ¢/~ 3- of Trustees Applicatio~ county of suffolk State of New York BE NC.DUL SWO 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 APPLICATION. ~ / Signature SWORN TO BEFORE ME THIS DAY OF Notary Public APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM .The Town of Southold'~ Code of Ethics orohibits conflicts of interest on the oart of Wwu officors and emninvees. The oumose of thi~ form is to nrovide information which can alert the town of ~ossible conflicts ofintere~ and allow it to take whatever action is neeessan' to avoid same. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indlcat0 the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Emsinn Apia'oval of plat Mooring Exempt/on from plat or official map Planning Other (ff"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 l'os~n of Southold? "Relationship" includes by blood, marriage, or business interest "Business interest" means a business, incloding a partnership, in whict~ the town officer or employee has even a partial ownership of{or employment byl a corporalion ia v, hich the town officer or employee owes more than 5% of the shares. YES NO ~ If you answered "YES", complete the balance of this form and date and sign when: indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): __A) the owner of greater than 5% of the shares of the corporate stock of the applic~t (whco the agplicant is a corporation); B) the legal or beneficial owner of any interest in a non..corpotatc entity (when the applicant is not a corporation); __C) an officer, director, panner, or employee of the applicant; or __D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS I Signature Print Name PLANNING BOARD MEMBERS JI.RtLYN B. WOODHOUSE Chair WILLIAM J. CREbIERS KENNETH L. EL)WARDS MARTIN H. SIDOR GEORGE D. SOLOMON I~b~ILING .ADDRESS: PO. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town ttall Annex 54375 State Route 25 Icor. Main Rd. & Youngs Avej Southold. NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Town of Southold Board of Trustees From: Mark Terry, Senior Environmental Planner LWRP Coordinator Date: July' 18. 2005 Re: Request for Pa'mit for Peter Cowan SCTM#1000-55-6-15.57 The proposed action involves the construction ora 18' x 36' swimming pool and the approval of a existing fence located within the 75' Conservation Easement Area. The proposed action has been reviewed to Chapter 95. Waterfront Consistency Review of the Town of Southold Tmvn Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to tkis department, as well as the records available to me, it is my recommendation that the proposed coastraetion of the 18 x 36' pool is generally CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LV~RP provided that draining of the pool is prohibited within the 75' Conservation Easement Area and limited to subsurface disposal. However, the current location of the fence within the 75' Conservation Easement area is in violation of the Covenant and Restrictions filed March 9, 1990 in Liber 110:]0, Page 495 for the subdivision. The fence is not permitted within the 75' Conservation Easement Area and must be relocated to outside of the area. Additionally, as indicated in clause (e.) of the Covenant and Restrictions, the area cleared/maintained within the 75' Conservation Easement area must be restored to pre-disturbance condition within 60 days of the above date. Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency' of the proposed action. Please contact me at (631) 765-1938 if you have any questions regarding the above. Cc: Conservation Advisory Council }leather Tetrault. Environmental Analyst Ed Forrester, Code Enforcer PLANNING BOARD MEMBERS .JERILYN B. WOODHOUSE Chair WILI,L&M J. £'REMERS KENNETH L. EDWARDS MARTIN fi SIDOR GEORGE D. SOLOMON ~L~IEING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: To',vt,~ 1tall Annex 54375 State Route 25 tcor. Main Rd & Youngs Ave.) Southold. NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Tm~m of Southold Board of Trustees Frmn: Mark Terry, Senior Environmental Planner LWRP Coordinator Date: July 18, 2005 Re: Request tbr Permit for Peter Cowan SCTM#1000-55-6-15.57 3'he proposed action involves the construction of a 18' x 36' swimming pool and the approval of a existing fence located w/thin the 75' Conservation Easement Area. The proposed action has been reviewed to Chapter 95. Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed construction of the 18 x 36' pool is generally CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided that draining of the pool is prohibited within the 75' Conservation Easement Area and limited to subsurface disposal. However, the current location of the fence within the 75' Conservation Easement area is in violation of the Covenant and Restrictions filed March 9, 1990 in I.iber 11030, Page 495 for the subdivision. The fence is not permitted within the 75' Conservation Easement Area and must be relocated to outside of the area. Additionally, as indicated in clause (e.} of the Covenant and Restrictions, the area cleared/maintained within the 75' Conservation Easement area must be restored to pre-disturbance condition within 60 days of the above date. Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Please contact me at (631) 765-1938 if you have any questions regarding the above. Cc: Conservation Advisory Council Heather Tetrault, Environmental Analyst Ed Forrester, Code Enforcer v/ PLANNING BOARD MEMBERS JERILYN R. WOODHOUSE Chair WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDR~ P.O. Box 1179 Southold, NY 1195 OFFICE LOCATION Town Hail Annex 54375 State Route 25 (cor. Main Rd. & Youngs Art Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To: Board of Trustees From: Jerilyn Woodhouse, Chairperson Members of the Planning Board Date: June 21, 2005 Re: Peter Cowan Application The Southold Town Board of Trustees is hereby advised that the above-referenced property is part of the Highpoint Meadows Subdivision for which them are filed Covenants and Restrictions. Please note that there are no structures permitted within the Conservation Easement area. A copy of the Declaration of Covenants and Restrictions is attached for the Board's review. If you have questions or need additional information, please feel free to contact this office. 11030 495 DECLARATION OF COVENANTS A~/D.. RESTRICTIONS FOR HERI]ERT R. ]¢ANDEL A~ RZCHARD iS~EL This Declaration mada. the :day of ~/~ , 1990, by Herbert· ~. :Handel.' and Rl~ha~. i;sr~el:' d~/a '0~ CO., a ~ YO~k par~e~shtp.~fth ~fft.ces ~ Greenport, ~ew York · ]=]~4 (here~:~r '~ferr~- '~. a~. 443 Hain Street, "DeclaraniV) WITFl£SSETH ' · t~HEREAS, Declarant is the owner tn fee 'simple of certain premises, situate Southol. d, Town of Southold, Suffolk Codnty, New York, described en the Suffolk 9~unty: Tax Hap as District I000, Secti'.on .055.~00, Block 05.00, LOt 015..001 and as more fully described tn~the attached "Schedule a' and, NFEREAS, the Southold Town. P.lanning Board, by resolution made on February 13, ]990 gr.anted final subdivision p]at ..,~approvaT or the property described, in Schedule A, as shown on ~ap of I~oward ~..Young, NYLS', dated September 27, 1988 as last revised February 5, 1990 and, ~/HEREAS, the final'subd~ws~on approval, was conditioned upon the ftltng of certain .co.venanta ~d restrictions, r~Ol~, THEREFORE, fn compliance ~ith the resolutlon of said Southold Town Planning Board, Declarant herein decl. ares tha: the. land described in Schedule A ts held' and sha11 'be conveyed subject to the following covenants and restrictions which shall run ~ith the land: ]. Eac5 lot in this-subdivision shall, when improved, provide two parking spaces, e~clustve o~ a garage or carport, ~or off-stree~ parking.' 2. The ~l/pltcatton' rate of inorganic ferttltzers'r-~}~ah~.Lot 'in the subdivision shall not exceed the rates recommended by the manufacturer of said fertilizers. 3. Lots numbered Z~ through 25 and 27 through 31 Inclusive shall be burdened by a twenty-five (~) foot deep conservation easement et the rear of each lot whtch easement shall run across the width of each of the respective lots ss show, on the subdivision map prepared by Young & Young dated february S, 1990. fo buildings or structures of any kind shall be constructed or erected in the :4.~ Lots numbered 50 through 55 Inclusive shall be burdened by a conservation easement es shown on the. ftnal approved subdivision map. .The following terms and conditions shall apply to that land lying wtth the 'conservation easement area' Included tn Lots SO through SS: o. ~e s~cructure or building shall be placed within the easement area. The terms ~structure' and 'building' shall be Interpreted as Including swiping pools; patios; garages; sheds and other storage buildings; structures for the housing of domesticated animals; the storage of boats, trailers, recreational vehtclesl and the placement eF fences~ retaining walls and bulkheads.' b, ~he entire easement area shall remain ~n 1ts natural state. c. The easement area shall not be ftllod wtth sot1, sand, brush or other debris. d. The easemept*~area may be traversed bya walkway, whether elevated er on the ~round, provided permits can be obtained from the applicable agencies, which may tnclude the SOuthold Town Board of Trustees, and the flew York State Oepartment of Environmental ConservatiOn. e. Any disturbance to the land wtthtn the easement area shall be redressed'by the restoration of said land to tt~ prior state wtthin sixty (GO) days of the disturbance or of the date the disturbance was reported to either the Planning Board or the Bay Constable. f. fie Inorganic Fertilizers shall be applted within the designated 'COnServation easement ,/;~;,J~".'... ,.' ' ' .1 IN #ITl~£SS ggEREOF, the foregoing Dec aratton has be~ executed by. ~ ': ..: R~chard lsr~.l ~. ' .~ .~TATE OF flE~ YOI~K' COUNTY OF SUFFO~j~ On the ~J day of ~P~C~ , 199o, before ma personally c~e 'Richard~ Isr~l: tO ~ known to. be the tndlvfdual descrfbed tn. a~ who ~ecuted .the ~oeego~ng t~strument, ~d acknowledged that ~e executed the .~e. Npt~ry PubHc ~LL~M O. MOORE ~ ~bli~ State'~ N~ Y~ No. 4832728 . , S)ATE OF NEH 'YORK Ou.ltf~ i. Sufi~k ~un~ ~U~Y OF SU~.FOLK ~mmmu~n ~i~sJan.~ ~l, 19~ : on theq~ day of ~C~ , ~990, before me ,ersona.lly came H~rbQrt R. Maadel to me known to be the (ndivldual descr(bed in and who executed t6e foregoin~ fnstrument, and acknowledg~ that ~e executed t~e same. N~ta ry Pub)~ WILUAM O. MOORE ~ Public, Stale of New York No. 4832728 Qualified In Suffolk County .® Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Feggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-'1.~ BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only ~..oastal Erosion Permit Application -_~ Wetland Pernfit Application Administrative Permit Amendment, Trans fer:Extensioo -,4~ce~ed Application: _~eceived Fee:$_~%~ ' ~mpleted Application ~_Incomplete ~SEQ~& Classification: Ty~c I ~.Ts~e I1 Unlisted~ ~_Coordination:(date sent) ~C Refe~al Sent:~/~_ ~Date o f lnspectionL~~- ~fleceipt of CAC Report: Lead Agency Deten~nation: .... Tedmical Review: Resolution: Name of Applicant Address ff'~3 ~- kO';44-o td Phone Number:( MAY 2 7 2005 So.thold Board of Trustees Suffolk County Tax Map Number: 1000 - Property Location: ~"° p~.t] ~'~ (provide LILCO Pole ~, distance to cross streets, and location) AGENT: (If applicable) Address: Phone: Board of Trustees Application Land Area (in square feet): Area Zoning: t4 ]56 GENERAL DATA 3Sz_ Previous use of property':. Intended use of property: Prior permits/approvals for site improvements: Agency Date X No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? /~ No Yes If yes, provide explanation: Project Description (use attachments if necessary): Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose ofthe proposed operations: Sc,o~,,,t~t,~ O~oL- /$"~b Area of wetlands on lot: (o ~ 6 ff square feet Percent coverage of lot: ~-2,' 4__% Closest distance between nearest existing structure and upland edge of wetlands: q:~ ~' feet Closest distance between nearest proposed structure and upland edge of wetlands: ..~ ~f feet Does the project involve excavation or filling? No ~/' Yes If yes, how much material will be excavated? ~ :~ cubic yards How much material will be filled? (~ cubic yards Depth of which material will be removed or deposited:~'~'~ Proposed slope throughout the area of operations: O Manner in which material will be removed or deposited: feet 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): Board of Trustees Application COASTAL EROSION APPLICATION DATA Purposes of proposed activity: Are wetlands present within 100 feet of the proposed activity7 No / Yes Does the project involve excavation or filling? No ~ Yes If Yes, how much material will be excavated? I'~ (cubic yards) How much material will be filled7 O (cubic yards) Manner in which material will be removed or deposited: Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) PROJEC1 ID NUMBER PART 1 - PROJECT INFORMATION 3 PROJEC F LOCATION. Municipality ¢"~4L~ ~ ~-L.o'~:~ ~1~ 4. PRECISE LOCATION' Street Addess and Road Intersections. Prominent landmarks otc -or provide map 61720 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by Applicant or Project Sponsor} 2 PROJECT NAME County ~ ~ ~ SEQR IS PROPOSED ACTION: [] New E]]E×pansio. E]Modlflcation/altera[ion 6. DESCRIBE PROJECT BRIEFLY': 7 AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres ~ ;~(20 <;- ~- 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICFIONS? LaYes bJ No If ilo, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) []Res,dentia, I~Jndustria, ~'~Commercial E~Agriculture ~-]ParklForest/OpenSpace DOther (describe, 10. DOES ACTION INVOLVE A PERMtT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) [~Yes E~NO If yes, list agency name and permit / approval: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ~'~Yes r~No If yes, list agency name and permit / approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? [~]Yes ~F1No I CERTIFY THAT THE ~NFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponsor Na~I~ "~/-'~-- L~'°L'~/,-¢'R~'I Date: Signature J If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT (To be completed by Lead A~lenc¥/ A. DOES ,~,CTION EXCEED ANY TYPE [ THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL EAr. ~]Yes F'~No S. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS iN 6 NYCRR, PART 61;' 6? if No, a negative declarabon rnay be superseded by another involved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, sun'ace or g¢oundwater quality or quentin, noise levels, exisang franc pa~ern, solid waste production or disposal potential for erosion, drainage or finding problems? Explain briefly: C3 Vegetation or fauna, fish, shellfish or wirdlite species, significant habitats, or threatened or endangered species? Explain briefly: C5. Gro~db, subsequent development, or related activities tikely to be induced by the proposed action? Explain briefly: C6. Long term, short term, cumulative, or other effects not identified in CI-C57 Explain briefly: C7 Other impacts (includin~ chan~es !n_us? o¢ ~ither q_ua_nti~ D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA tCEA)? If yes explain briefi),' E. IS~..~ YesTHERE' OR~.~ N° IlS THEREi LIKELY_ TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?. If~es explaln-: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) pmbabiti/y of occurring; (c) duration; (d) irreversibifity; geographic scope; and (f) magnitude. Jf necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to shew that all relevant adverse impacts have been identified and adequately addressed, if question d of part if was checked yes, the detarm~nafion of signfl~cance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially la rge or significant adverse impacts which MAY occur. Then proceed directly to the FULl EAF and/or prepare a positive decfarabon. Check this box if you Ilave determined, based on the information and analysis above and any supporting documentation, that the proposed acfior WILL NOT result in any significant adverse environmental Jmpact~ AND provide, on attachments as necessary, the reasons supporting th¢~ Name of Lead Agency Date Title of Responsible Officer Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) Albert J. Krupski, President James King, Vice-President .,M't ie Foster Ken Poliwoda Pegg.D' A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-~ f~ql BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BO)d>.D OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of ....... ........................... COUNTY OF SUFFOLK) STATE OF NEW YORK} AFFIDAVIT OF POSTING [, ~)P-.-"~-~- O~:I..DO~ , residing at ,~t'-"~- f'l ~6~ being duly sworn, depose and say: That on the Isr-dav of To'~--. , 200~,, I personally posted the pr,operty known as by p~a~ing the Bom'd of Trustees official poster where it can easil~be seen, and t~at 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 heating noted thereon to be held d4/~-,~ da, dOls- - Dated: $1~/O )-- Sworn to before me this da3' Notary Public, State of New York Registration #01L05047404 Oualified in Suffolk Count/ ~ My CornmissJo. Expires "7/~1/0~' Board of Trustees Application County of Suffolk State of New York "-'~C%T'E..R- ~O~O ~ 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 A~klD AS MAY BE .~PPROVED 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 IARISING UNDER OR BY VIRTUE OF SAID PERi%fIT(S), ~ 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 THIS APPLICATION. ,//~ignatur(''&v'gL''/ SWORN TO BEFORE ME THIS ~//ot~ry Public t do-Ann M. Lo Sue Notary Public, State of New York RegistraUon #01L05047404 Qualified in Suffolk County, My Commission __ Expires ~qO~'_~ DAY OF ~vJ~y ,20{ )5 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The l'o,,~ of Southold's Code of Ethics nmhibits conflicts of interest on the hart of town officers and emnlovoes. The naroose of thi~; form i~; to provide information which c~n ole~t t~e town of possible conflicts of interest and allow it to takq whatever action is necqssary to avoid same. (Last name, first name, middle initial, unless you are applying in the nome of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other". name the activib'.) Do you personally (or through your company, spouse, sibling, pamnt~ or child) have a relationship with any officbr or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" tfleans a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment b3') a corporation in which the town officer or employee owns more than 5% of the shares. YES NO -~ If3ou answered 'WES". complete the balance of this form and date and sign where indicated. Name o f person employed by the Town of Southold Title or ~sition of that person Describe the relationship between yourself (the applicant]agenttrepresentative) and the town officer or employee. '~ither check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non. corporate entity (when the applicant is not a corporation); CI an officer, director, panner, or employee of the applicant; or D I the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS I Submitted this ~a.~day of ~ e.~ Signature .~9~ t,a"~,~./t~.~- PrintName '/ ffc~T-~,~- ~"~g,~.,,dt:z,~ 20O Town of Southold LWRP CONSIS.T. ENCnf ASSE, SSME.NT FORM INSTRUCTIONS 1. All applicants for permits* including To,am of Southold agencies, shall',, complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consigtency Review Law. This assessment is intended to supplement other information used by a Towl~ 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. Before m~swedng the questions in Sectinn C, the preparer of this fm-m sl~ould 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 Sotlthold Town). If any question in Section C on this form is answered ")'es", then the propose4,t action may affect the achievement of the L%q~P policy standards and conditions contained in the ~onsistency review law. Thus, the action should be analyzed in more detail and, if necessary, modi'fied prior to making a detenninatinn that it is consistent to the maximum extent practicable w!th the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LV, YRP policy st~mdards and conditions, Lt shall not be undertaken. , A cop5' of the LWRP is available in the following places: online at the Tmwn 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 scrM# 55' - - tS.' The Application has been submitted to (clieck appropriate response): To,vn Board [~ Planning Dept. [-~ Building Dept. ['-] Board of Trustees Catego .fy of Town of Southold agency action (check appropriate response): (a) (b) (c) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) Financial assistance (e.g. grant, loan, subsidy) Pemfit, approval, license, certification: Nature and extent of action: Location of action: Site acreage: Present land use: Present zoning classification: If an apphcation for the proposed action has been filed with the Town of Southpld agency, the following information shall be provided: eof pplicant: f e.Te£ th) Mailing address:_ 43.~. ocY,O56,d (c) Telephone number: Area Code ( ) (d) Application manber, if any:_ ',,, Will the action be directly undertaken, require funding, or approval by a state or federal agen%~ 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 II1 - Policies; Page 2 for, evaluation criteria. V-]Yes ~ No [~ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Soutl Section III - Policies Pages 3 through 6 for evaluation criteria ~old. See LWRP Attach additional sheets Policy 3. Enhance visual quality and protect scenic resources throughout t~e Town of Southold. Set LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ~-~ Yes ~-~ No [~ Not Applicable Attach additional sheets if necessary NATUILAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section Ill - Policies Pages 8 through 16 for evaluation criteria ~-~ Yes ~-~ No ~ Not Applicable Attach additional sheets if necessary ~ Policy 5. Protect and improve water quality and supply in the Town of Southold. Sg~ LWRP Section III -Policies Pages 16 through 21 for evaluation criteria , ~ Yes [] No Ii'Not Applicable '"" Attach additional sheets if necessary ; Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See L~RP Section Ill - Policies; Pages 22 through 32 for evaluation criteria. Yes ~ No [~ Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southoid. See LIVRP Section III - Policies Pages 32 through 34 for evaluation criteria. ~-~ Yes [-~ No ~ ]Not Applicable Attach additional sheets if necessary '1 Policy 8. Minimize environmental degradation in Town of Southold from solid'l waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for e~aluation criteria. [-~ Yes [] No [~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of ti~e Town of Southold. See LV~'RP Section/II - Policies; Pages 38 through 46 for evaluation criteria. [] Yes [-~ No [~ Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-t suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation [-~ Yes [-~ No ~ Not Applicable [epeodent uses in rlterlfl. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peeonie Estuary and Town waters. See L'~VRP Section III - Policies; Pages 57 through 62 for evaluatiou criteria. ~ Yes [] No ~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LVv"RP Section iii - Policies; Pages 62 through 65 for evaluation criteria. ~ Yes [~ No [~0 Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section Ill - Policies; Pages 65 through 68 for evaluation criteria. ~ Yes [] No [~ Not Applicable Created on 5,/25/05 11:20 AM Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route :).5 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD APPLICATION FOR AN AMENDMENT TO A pERMITMAY ] ! 2006 DATE OWNER ADDRESS ADDRESS PHO~ PROPERTY LOCATION PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON To: From: PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town of Southold Board of Trustees Mark Terry, Senior Environmental Planner ~,/ LWRP Coordinator MAILING ADDRESS: P.O. Box 1179 Southold, NY 1197! OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 Date: July 18, 2005 Re: Request for Permit for Peter Cowan \ SCTM#1000-55-6-15.57 The proposed action involves the construction of a 18' x 36' swimming pool and the approval of a existing fence located within the 75' Conservation Easement Area. The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed construction of the 18 x 36' pool is generally CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided that draining of the pool is prohibited within the 75' Conservation Easement Area and limited to subsurface disposal. Howew~r, the current location of the fence within the 75' Conservation Easement area is in violation of the Covenant and Restrictions filed March 9, 1990 in Liber 11030, Page 495 for the subdivision. The fence is not permitted within the 75' Conservation Easement Area and must be relocated to outside of the area. Additionally, as indicated in clause (e.) of the Covenant and Restrictions, the area cleared/maintained within the 75' Conservation Easement area must be restored to pre-disturbance condition within 60 days of the above date. Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Please contact me at (631) 765-1938 if you have any questions regarding the above. Conservation Advisory Council Heather Tetrault, Environmental Analyst Ed Forrester, Code Enforcer James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfel Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD May 17, 2006 Mr. Peter Cowan 435 Mockingbird Lane Southold, NY 11971 RE: 435 MOCKINGBIRD LANE, SOUTHOLD SCTM#55-6-15.57 Dear Mr. Cowan: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed, May 17, 2006: RESOLVED, that the Southold Town Board of Trustees APPROVE the Amendment to Permit #6165 to install an in-ground swimming pool 24' off the rear of the dwelling rather than 35', as originally approved, and as depicted on the survey prepared by John C. Ehlers last revised April 21, 2006. This is not a determination from any other agency. If you have any questions, please call our office at (631) 765-1892. Sincerely, J e~sF. King ~ President, Board of Trustees JFK:lms Number of pages TORRENS Serial # Certificate # Prior Cfi. #. Deed / Mortgage Instrument 3 Page / Filing Fee Handling 5. 00 TP-584 Notation EA-52 17 (County) EA-5217 (State) R.P.T,S,A. Comm. of Ed, 5. 00 Affidavit .. Certified Copy NYS Surcharge 15. 00 , Other Deed / Mortgage Tax Stamp FEES SubTotal Sub Total Grand Total 4 ReflProperty Tax Service Agency Verification Lot SatisFactions/Dischargas/Releasas List Property Owners Mailing Address RECORD & RETURN TO:. Recording / Filing Stamps 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town , Dual County Held for Appointment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dw¢lling only. YES or NO If NO, see appropriate tax clause on page # of this instrument. Community Preservation Fund Consideration Amount $ CPF Tax Due $ Improved Vacant Land Title lnfomation 8 Suffolk This page forms part of the attached Title # Recordin: & Endorsement Pa NSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of f In the VILLAGE or HAMLET of made by: BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) IMPORTANT NOTICE If the document you've just recorded is your SATISFACTION OF MORTGAGE. please be aware of the following: If a portion of your monthly mortgage payment included your property taxes, *you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future ~rovert? tax statements. ~ Local property taxes are payable twice a year: on or before January l0b and on or before May 31". Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon. ToWn Receiver of Taxes 200 East Sunrise Highway North Lindenhurst, N.Y. 11757 {631) 957-3004 Riverhead Town Receiver of Taxes 200 Howell Avenue Rlverhead, N.Y. 11901 (631) 727-3200 Brookhaven Town Receiver of Taxes 250 East Main Street Por~ Jefferson, N,Y, 11777 {631) 473-0236 Shelter Island To/~n Receiver of Taxes Shelter Island Town Hall Shelter Island, N.Y. 11964 (631) 749-3338 East Hampton Town Receiver of Taxes 300 Pantigo Place East Hampton, N.Y. 11937 (631) 324-2770 Smithtown Town Receiver of Taxes 99 West Main Street Smithtown, N.Y. 11787 {631) 360-7610 Huntington Town Receiver of Taxes 100 Main Street . Huntlngtom N.Y. 11743 (631) 351-3217 Isllp Town Receiver of Taxes 40 Nassau Avenue Islip, N.Y. 11751 {631) 224.5580 Southampton Town Receiver of Taxes 116 Hampton Road Southampton, N.Y. 11968 (631) 283-6514 Southold Town Receiver of Taxes 53095 Main Street Southold, N.Y. 11971 (631) 765-1803 dw 2/99 Sincerely, Edward P. Romaine Suffolk County Clerk NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DEC PERMIT NUMBER 1-4738-03526/00001 FACILITY/PROGRAM NUMBER(S) PERMIT Under the Environmental Conservation Law EFFECTIVE DATE Ma), 5, 2006 EXPIRATION DATE(S) May 5, 2011 TYPE OF PERMIT · New [] Renewal [] Modification [] Permit to Construct [] Permit to Operate [] Article 15, Title 5: Protection of Waters [] Article 15, Title 15: Water Supply [] Article 15, Title 15: Water Transport [] Article 15, Title 15: Long Island Wells [] Article 15, Title 27: Wild, Scenic and Recreational Rivers [] 6NYCRR 608: Water Quality Certifica- tion [] Article 17, Titles 7, 8: SPDES [] Article 19: Air Pollution Control [] Article 23, Title 27: Mined Land Reclamation · Article 24: Freshwater Wetlands [] Article 25: Tidal Wetlands [] Article 27, Title 7; 6NYCRR 360: Solid Waste Mana~lement [] Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management [] Article 34: Coastal Erosion Management [] Article 36: Floodplain Management [] Articles 1, 3, 17, 19, 27, 37; 6NYCRR 380: Radiation Control PERMIT ISSUED TO Peter Cowan ADDRESS OF PERMITTEE 435 Mockingbird Lane, Southold, NY 11971 TELEPHONE NUMBER (631) 765-6781 CONTACT PERSON FOR PERMITTED WORK ITELEPHONENUMBER NAME AND ADDRESS OF PROJECT/FACILITY Cowan Property, same as above. COUNTY ITOWN I WETLAND# Suffolk Southold SO-40 NYTM COORDINATES E: N: DESCRIPTION OF AUTHORIZED ACTIVITY: Construct a swimming pool. All work is to be done in accordance with the attached plans stamped NYSDEC approved on May 5, 2006. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified and any Special Conditions included as part of this )ermit. DEPUTY PERMIT ADMINISTRATOR: Mark Carrara AUTHORIZED SIGNATURE ADDRESS Region 1 Headquarters SUNY Bldg. #40, Stony Brook, NY 11790-2356 May 5, 2006 J Page 1 of 5 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SPECIAL CONDITIONS 1. Any work, disturbance, and or storage of construction materials shall be confined to within the limit of clearing and ground disturbance shown on the approved plan. 2. Any demolition debris, including excess construction materials and or excess excavated materials, shall be disposed of on an approved upland site more than 100 feet from any regulated freshwater wetland by the close of business on the day such material was generated. 3. Prior to commencement of any construction activities, a continuous row of straw bales shall be staked end to end along the limits of clearing and grading line. The bales shall be maintained, repaired and replaced as often as necessary to ensure proper function, until all disturbed areas are permanently vegetated. Sediments trapped by the bales shall be removed to an approved upland location before the bales themselves are removed. 4. Straw bales shall be recessed two to four inches into the ground at all times. concrete, demolition debris, garbage, household refuse, tires, woody materials including tree or landscape debris, and metal objeDts. 6. There shall be no draining of swimming pool water directly or indirectly into freshwater wetlands or protected buffer aress. 7. All pool discharges shall be directed to drywells located as shown on the approved plans. 8. AIl equipment and machinery shall be stored and safely contained greater than 100 feet landward of the regulated wetland or waterbody at the end of each work day. This will serve to avoid the inadvertent leakage of deleterious substances into the regulated area. Fuel or other chemical storage tanks shall be contained and located greater than 100 feet landward of the regulated wetland or waterbody at allk Times. If this requirement cannot be met by the permittee, then the storage areas must be designed to completely contain any and all potential leakage. Such a containment system must be approved by NYSDEC staff prior to placement of equipment, machinery or tank storage within 100 feet of the regulated wetland or waterbody. 9. All areas of soil disturbance resulting from this project shall be seeded with an appropriate perennial grass and mulched with straw immediately upon completion of the project, within two (2) days of final grading, or by the expiration date of this permit, whichever is first. Mulch shall be maintained until a suitable vegetative cover is established. If seeding is impractical due to the season, a temporary mulch shall be applied and final seeding shall be performed as soon as weather conditions favor germination and growth. 10. Suitable vegetative cover is defined as a minimum of 85% area vegetatively covered and no unvegetated areas larger than one (1) square foot in size. DEC PERMIT NUMBER PAGE 2 of 5 1-4738-03526/00001 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SPECIAL CONDITIONS 11. The area between the new chain link fence and the fence to be removed as shown on the approved plans shall be planted with a mix of highbush blueberry, arrowwood and or sweet pepperbush a minimum of 3' in height planted on 6' centers in a grid pattern. 12. The permittee shall incorporate the attached Covenant (or similar language) to the deed for the properly where the project will be conducted and file it with the Clerk of Suffolk County within 30 days of the effective date of this permit. This deed covenant shall run with the land into perpetuity. A copy of the covenanted deed or other acceptable proof of record, along with the number assigned to this permit, shall be submitted within 120 days of the effective date of this permit to: NYSDEC, Bureau of Habitat Regional Manager, SUNY Bldg. fi40, Stony Brook, NY 11790-2356 DEC PERMIT NUMBER 1-4738-03526/00001 PAGE 3 OF 5 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in'connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. GENERAL CONDITIONS General Condition 1: Facility Inspection by the Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401 (3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. General Condition 2: Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. General Condition 3: Applications for Permit Renewals or Modifications The permittee must submit a separate written application to the Department for renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. The permittee must submit a renewal application at least: a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste Management Facilities (SWMF); and b) 30 days before expiration of all other permit types. Submission of applications for permit renewal or modification are to be submitted to: NYSDEC Regional Permit Administrator, Region 1, SUNY Bldg #-40, Stony Brook NY 11790-2356 General Condition 4: Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit in accordance with 6 NYCRR Part 621. The grounds for modification, suspension or revocation include: a) materially false or inaccurate statements in the permit application or supporting papers; b) failure by the permittee to comply with any terms or conditions of the permit; c) exceeding the scope of the project as described in the permit application; d) newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; e) noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Depadment related to the permitted activity. DEC PERMIT NUMBER 1~4738-03526/00001 PAGE 4 of 5 NEW YORk STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (TITLE 5), 24, 25, 34 AND 6NYCRR PART 608 ( FRESHWATER WETLANDS) If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. Any material dredged in the conduct of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across or along the bed of a waterway or floodplain, deposits within any regulatory floodway, or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. There shall be no unreasonable interference with navigation by the work herein authorized. If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such remow~l or alteration. If granted under 6NYCRR Part 608, the NYS Department of Environmental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301,302, 303, 306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work and, if required, a survey. All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Such approved plans were prepared by John Ehlers last revised on 4-21-2006. DEC PERMIT NUMBER PAGE 5 of 5 1-4738-03626/00001 New York: State Department of Environmental Conservation Division of Environmental Permits, Region One Building 40 - SUNY, Stony Brook, New York 11790-2356 Phone: (631) 444-0365 · FAX: (631) 444-0360 Website: www.dec.state.ny.us May 5, 2006 Denise M. Sheehan Acting Commissioner Peter Cowan 435 Mockingbird Lane Southold, NY 11971 Re: Permit #1-4738-03526/00001 Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please carefully read all permit conditions and special permit conditions contained in the permit to ensure compliance during the term of the permit. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. Sincerely, Mark Carrara Deputy Permit Administrator cc: BOH file :RESTRICTIVE COVENANT TO THE DEED DECLARATION THIS DECLARATION, dated day of ,200 , is made by , (hereinafter the "Declarant"), whose address is WITNESSETH WHEREAS, the Declarant is the owner of certain real property located in the Town of Southold, County of Suffolk, State of New York, Tax Map # District 1000, Section 55, Block 6, Lot(s) 15.57 which real property is more particularly described in Exhibit A annexed hereto (hereinafter referred to as the "Property"); and "This covenant shall serve as notification that regulated freshwater wetland # SO-4, is located on or near the properties of Peter and Gillian Cowan and his, her, their heirs, assigns or successors and is therefore subject to current environmental conservation laws regarding the conduct of regulated activities on such property." "Whereas, it is the responsibility of the owner of the property to obtain a current description of all regulated activities from the New York State Deparlanent of Environmental Conservation ("NYSDEC") or its successor organization for the purpose of determining what is considered a regulated activity. Performance of any regulated activity will require prior approval by the NYSDEC or its successor." "Whereas, the 75 foot area landward of the wetland boundary as shown on the attached survey and described as "75' conservation easement", will be preserved and will remain undisturbed and in natural vegetation in perpetuity. Only a 4' wide access path may be cleared. The following activities in the preserved area are specifically prohibited: clearing or cutting of vegetation, application of chemicals, excavation, grading, filling, construction, erection of any slructures, and use of the area for the storage of materials or debris. "The foregoing covenants shall nm with the land and are binding on this owner and his heirs and assigns, forever" Any violation of these restrictions, covenants, and agreements shall cause the violator, in addition to any frees, penalties, and/or forfeitures prescribed by law, to pay for any and all reasonable legal fees and expenses incurred by any party in enforcing the covenants, restrictions, and agreements contained herein. Failure to comply with the filing of the above covenant and restrictions may result in permit revocation and/or the assessment of financial penalties against the applicant. L- F~LE 05082222 2R 3~1 lr2" 8R 18' 11'-7" $~3" LIGHT 8R 3't !/2 L~N FT 1¢6' dJ_~_mw,ng rot COWAN DEEP R4' 2R 8' SKIMMER LEF"' -[- 8 8 14'- L RF--ROMAN END FILLER SF--RFC ]ANGLE STAIR FILLER 8 T 40'¸ DEEP SKIMMER RIGHT --- 12',-6"' -- 2R SI SF 6RX 12W STEEL STAIR IMPER AL POO~-S MANL)I-ACTUR!NG & DISTRIBLI [tOle SUP-.VtE'r' OF LOT MAP OF HI®HPOINT MEAE)O~S, SECTION THP~E" FILEO I'4A~C,H Iq, IqqO AS FiLE NO. 8ql2 SITUATE, .SOUTHOLD TOP'IN.' 5OUTHOLID SUFFOLK. GOtJN'PI', NY SURVEYEO 04-25-2005 ®RAPHIC, SC, ALE I"= 40' N E 2005 JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N,Y S LIC. NO. 50202 RIVERJ~AD, N.Y. 11901 369-8288 Fax 369-8287 REF.-\\Clammer~h\baclmp 08-26-2005kPROS\05-150 CONCg;=~ PAT~O POOL POOL ,::7OPE ~:r,~N61;. AP-.OU ND POOL FP-AMF= 2 5TO~Y FP~MB- ,qOUSB a yA~g_ T 50 l~b~5 ~/~c¢inium corymbosum l~{~hbu~h FLuebem/ Pieea pungen¢ '~Lauea' 4~3~ MOo/JNO~-P LAN~ .SOLrPJOUP 247~09 DPJV~Xv%,Y MocgJN<;bl~p ..... --'----....