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HomeMy WebLinkAboutTR-6613~'~ Envirc>?',nlental Consulting Services November 26, 2007 Southold Town Trustees P.O. Box 1179 Southold, N.Y. 11971-1179 B0~rd of Trustees RE: Permit ti 6613, Wilmington Trust Co, Fishers Island Dear Sirs: As a condition to the above referenced permit, enclosed please find a copy of the recorded Declaration Of Covenants for your files. Should you have any further questions to conclude this file kindly feel free to contact our office at any time. Number of pages q This document will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage Instrument 31 Page / Filing Fee Handling cC{ Deed / Mortgage Tax Stamp TP-584 Notation EA-52 17 (County) .Sub~ml ~b' E^-s?_,? (State) ~ ~ R.P.T.S.A. -~, Comm. of Ed. 5. 00 Affidavit ~ {0S NYS Surcharge 15. 00 Sub Total ~' Other ~l Grand Total 4 Dist. i0 Real ProperB Tax Service Agency Verification Satisfactions/Discharges/Releases List Prope~y Owner~vlal~ngAddress RECORD & RETIJRN TO: Po,/3~× ,ltl7 ~oo~ ,n~. . l tq5~l Mail to: Judith A. Pascale, Suffolk County Clerk RECORQEO 2007 Nov 20 12: 26:!2 PM Judith fi. Pasca!e CLERK OF SUFFOLK COUNTV L Q000125~1 P 047 Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County Held for Appdmtment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page# of thi~ ~)s,tr t~. gt~.] 5 Co*mm]~nlty Preservation Fund Consideration Amount $ CPF Tax Due $ Improved Vacant Land www. suffolkcountyny, gov/cle rk Suffolk County Recording & Endorsement Page This page forms part of the attached ~l~.~/tJ,~t~h'tt~/q /~ ~}ff~t[J.-~ made by: [,t.h' lm,¼~ Trv~P TO Thc premises herein is situated in SUPPOLK COUNTY, NEW YORK. In the TOWN of In the VIII.AGE or HA.MI,F.T of BOXES 6 THRU 8 MUST BE TYPED OR PRINt-m3 IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (oreo DECLARATION This Declaration, dated ~/-0f October, 2007, by Thomas L. duPom now residing at 3051 Tech Drive, St Petersburg, Florida 33716, and WILMINGTON TRUST COMPANY, Trustee under Instrument exercising the Power of Appoimment dated 12/7/54 with Reynolds du Pont for Thomas L. du Pont, having an office at 1100 North Market Slreet, Wilmington, Delaware 19890-0001 as tenants in common, hereinafter refen~d to as (the "Declarants"). WTFNESSETH WHEREAS, the Declarants are the owners of certain real property located in Fishers Island, Town of Southold, County of Suffolk, State of N~w York, Tax Map # District 1000 Section 007 Block 01 Lot 002.002, which real property is more particularly described in Exhibit A annexed hereto (hereJnsO~r referred to as the ~Property"); and WHEREAS, the propen'y is situated in or adjacent to lands activities upon which are regulated by the Southoid Town Trustees Board of Town Trustees pumuant to Chapter 275 of the Town Code of the Town of Southold, and as may be amended, and various activities conducted upon the property are subject to the jurisdiction, regulation and approval or disapproval of thc Trustees prior to being conducted: WHEREAS, The Declarants have applied to the Town of Southold Board of Trustees for a Wetland Petnnit for approval to construct a 22'x 32' detached garage on the property described in Schedule "A' and known as S.C.T.M.# 1000-7-1-002.002 and as depicted on the plans pictured by Richard H. Slrouse last ci~t _e~i May 15, 2007; WHEREAS, the Town of Southold Board of Trustees, as conditions for the issuance of such Wetland Permit, required certain covenants and restrictions be placed on the property as shown on the aforesaid plan.~ NOW, THERFORE, These Declarants witnesseth: That the Declarant, for the purpose of carrying out the intentions expressed above do not hereby make known, admit, publish, covenant and agree that the said property herein described shall hereafter be subject to the following covenants which shall run with the land and shall be binding on all purchasers and holders of said premises, their heirs, successors, and assi~trns, to wit; The gram of Wetland Permit for the conslruction of a 22'x 32' detached garage shall be conditioned upon the installation and maintenance of drywells to contain roof mn-off on the property as shown on the above referenced plan and identified as S.C.T.M. No. 1000-7-1-002.002. The grant of a Wetland Permit for the cons~uction of a 22'x 32' detached garage shall be conditioned upon the installation of a continuous line of silt fence backed by hay bales, maintained throughout the period of construction on the property as shown on the above references plan and identified as S.C.T.M. No. 1000-7-1- 002.002. Once construction is completed, the line of silt fence may be removed. The covenants and resuictious can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Town of Southold Board of Town Trustees after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modifications shall not be rexluired. It is the responsibility of any party having any right, title or interest in the Property to consult Chapter 275 of the Town Code of the Town of Southold, as may be amended, and to obtain from the Town of Southold Board of Trustees review and such approvals as may be required by Chapter 275 for activities regulated therein on the Property. Declarants grant the continuing right in perpetuity to the Town of Southold or any of its designated representatives to enforce the conditions and restrictions of the covenants. THE FOREGOING covenants and restrictions shall bind the Declarant, its heirs, successors and assigns, and any or all person or persons who shall succeed to the ownership of said premises of any part thereof by transfer or otherwise. IN WITNESS WHEREOF, the Declarants have duly executed this Declaration the day and year first above written. THOMAS L. DU PONT WILMINGTON TRUST COMPANY TRUSTEE UNDER INSTRUMENT EXERCISING POWER OF APPOINTMENT DATED12/7/54 WITH REYNOLDSA)LLPONT FOR THOMAS L. DU PONT STATE OF FLORIDA COUNTY OF On the q'/~day of dc'fiO~'' in tbe year ~Tb ~, befor~ me, the undersigned, a Notary Public in and for said state, personally appeared -7~dn~ ~- L- ~ f~, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within inslrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the inslrument, the person or entity upon behalf of which the person acted, executed the instrument. STATE OF DELAWARE COUNTY OF NEW CASTLE On the '~ day Notary Public in and for said personally known to me or p~ person whose name is subscr he executed the same in his ¢ person or entity upon behalf l COUNTY CLERK'S OFFICE STATE OF NEW YORK SS.: ~ COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Cou of Record thereof, do hereby certify that I have compared the annexed with the original Decl.aration RECOR. D_.ED in my office on ..../../..~.~...O...-...O...~.... under LIBER ._/..~...~...~..[.... PAGE ...~..~/../..... and, that the same is a true copy thereot, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court on this ...~.t.~.. day of ..~..~..¥ffxrz~..~.c..., 20.0..'~ 12-0245p O1/ffYkd CLERK ....~. · .~.. ~ .(~.:... · .~.. :.....~..~, ,.. ~... SCHEDULE A All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Fishers Island, Town of Southold, County of Suffolk and State of New York, being portions Of Lot No.l 0 and Lot No. 15, Block 28, on that portion of the property formerly belonging to the Fishers Island Corporation (sometimes called the "Park"); and now belonging to Thomas L. duPont and Wilmington Trust Company; Said plot, piece or parcel of land being more fully bounded and described as follows: BEGINNING at a point on the westerly side of a road forty feet wide, which point is located the following two coursed and distances from a stone monument set on the northwesterly side of said road forty feet wide, said monument being 2069.59 feet South of a point which is 7879.20 feet West of another monument marking the United States Coast and Geodetic Survey Triangulation Station "Chocomount 2" (which said "Chocomount 2" monument lies South 79 degrees 29 minutes 46 seconds East from North Dumpling Light): (1) North 45 degrees 51 minutes 30 seconds East, a distance of 159.18 feet; and (2) Along the arc of a regular curve to the left whose radius is 234.82 feet, a distance of 244.76 feet; and RUNNING THENCE from said point a beginning South 86 degrees 47 minutes 00 seconds West, 261.35 feet; THENCE South 83 degrees 44 minutes 40 West, 309.27 feet to the shore of Fishers Island Sound: THENCE along said shore line North 12 degrees 20 minutes 00 seconds East, 126.50 feet; THENCE still along said shore line North 06 degrees 08 minutes 20 seconds West, 105.00 feet; THENCE North 87 degrees 33 minutes 00 seconds East, 137.30 feet; THENCE North 78 degrees 48 minutes 00 seconds East 114.10 feet; THENCE North 84 degrees 57 minutes 00 seconds East 95.10 feet; THENCE North 55 degrees 47 minutes 00 seconds East 69.10 feet; THENCE North 47 degrees 38 minutes 00 seconds East 58.44 feet to a monument on the westerly side of said road forth feet wide; THENCE along the westerly side of said road South 15 degrees 32 minutes 99 seconds East, 157.23 feet to the point on the are of a curve to the left whose radius is 523.72 feet and the direction of whose radius at that point is North 74 degrees 28 minutes 00 seconds East; THEIqCE along the arc of said curve to the left, 83.00 feet; THENCE South 24 degrees 36 minutes 50 seconds East, 29.69 feet to a point on the arc of a curve to the right whose radius is 234.82 feet and the direction of whose radius at that point is South 65 degrees 23 minutes 10 seconds West; THENCE along the arc of said curve to the right, 44.06 feet to the point or place of BEGINNING. BOARD Oi~ sOIYEHO!~r) TOWN TR~q SOUTHOLD~ NEW YORK PERMIT NO. 6613 DATE: MAY 1~ 2007 SCTM,~/-1-plo Lot 2 ' - AUTIIORIZATION Purmant to lt~ lxovisiom of ~ 273 and/~ Omp2g l~ ofl~ T0~.. ~Cod~ of _.1~ ~o ,w~. °f Wetland Permit to co~truct'a 22'X 32"detaehed ~ wi& ~he condition dr~d~ ~r~ ~t~n~d to ~o~*~ m** roof nm-off,md a c~m~aom ~e o.f snt feace backed by hay bales in maktained throm~out emmtrmeflo~ amd as depicted om the plans prepared by Richard H. Strouse last dated May 1~ ZOO7. FA~, TO: P.O. B~a o~,*.e*x~ OF THE TOWN F~Y. ~SMI~,~ION _~HEET Mm. Patty Cook Herold'e LLO FROM: A~i~,ant Town A~omey DATE: july 18. 2007 RE: (~,31) 788-5~49 Number of pages Including ~'ar~mlttal sheet: 5 ~oe~lfi~ally authorized to re,live it. If you a~e not ~e intendeC recli~lent, you are .~erel~y that er~y dl~lemlna~lon, distribution, e~' ,',',pytng of thl~ ¢~mmuntc~lon I~ ~ri~y prol~Iblted. If yoh hm/e re~lved thr~ ~mm~nicltk~n in e~'. ar Jf any prolglm1$ ~ wP.h trm~mi$11On. contact the or,ce of ~e 8outh<~l Tow~ Mtamey ~t (131) 768-1939 Thli1R DECLA.W~TION ~ COVENANI'~ AND REIlI'RICTION$ DECLARATION made thi~. , day of July. 2007, by Thomas L, cluPOnt now residing at 3051 Tach Drive, St. Petersburg, Flo~la and WILMINGTON TRUST COMPANY, at Reynolds duPont for Thomal duPont, having an office at 1100 North Market St~et, Wilmington. Delaware t~890-0001, as owners tenants In ~omrm3n, hereinafter ~oliIctNMy refe~ed to ae ~ 'Declarant", WITNEBIETH: WHEREA~. the Declarant has title to c.e~taln lind situate, lying and being at Fial~em Island, Town of 8outhold, Suffolk Co~lnty. NeW York, SCTM #10(30-7- 1-2.0001, said land being mom parfl~larly describeci In Schedule A which is attached hereto; and WHEREAS, the Property ts situated In or adjacent to lands sctlvi~es upon which are regulated by the Town o1' ,~wthotd ~oard of Trustees p~rsuant to Chapter 275 of the Town Code of the Town of SouthOId, as may be amended, and vadou$ actlvltes (x:)nductad upon We probe~'y are subject to the jurisdiction, regulation and approval or di~apl3roval of the Trustees I:~lor to being WHEREAS, ~e Dectamnt has applied to the Town of Southoid Board of Trustees for · Wetland Permit for apl3roval to con~ruct a 22' X 32' detached garage on the property descTIbed In Schedule A and know. as SCTM #1000-7-1. 2.0001, and a~ depicted on the plane 13~l)ared by Richard H. Stmuse last dated May 15. 2(307; and WHEREAS, ~e Town of ~xithold Board of Trustees, as conditions for the issuanoe of auoh Wetland Pen. nit. requtred certain covenant~ and re~rictions be placed on the property as shown on the aforeaald plans. NOW, THEREFORE, thl~ Deelarant witne~eth: That Deglamnt, for the purlx~e of carrying o~t the Ir~entlona expressed above doe~ h~reby make known, admit, publish, covenam anti ag~'ee that the said property herein de~ihed attall ~tere~fter be subject to the following oovenent$ which shell run with the land et~:l ahell be binding on ell purchaser~ and holdem of said premises, ii. Ir helm, successors, and assfgns, to wit: 1. The grant of a Wetland Permit for ma oonst~uction of a 2,2' X 32' detached garage shall be conditioned upon the installation of drywelts I~ contain roof run-off on the ~ropelly aa shown on the above-referenced plan end Identifiecl ae $CTM No. 1000.7-1- 2.0001, within perpetuity. 2. The grant c~ a Wedand Permit for the construction of a 22' X 32' cletacl~ed garage shall be conditioned upon the Installatlan of a cx~ntinuous line of silt fence baol(ed by hay bele~, maintair~ecl througl~out the pentel of oonstruction on the prol~e~y aa ahow~ on the above-mferenc, e~l plan end identified as $CTM No. ~, 000-7-1- 2.0001. 3. The~e covanant~ and reatn~ons ca~ be moclif~e~l only at the request of the then owner of the premise~ with the approval of a majonty plu~ one of ~ Tow~ of Souffio~ $oara of Trustee~ after public hearing. Adjoining property owners st~atl be entitte~ to no, ce of such public hearlng but their consent to such modification shell not be required. ~.. it is the responsibility of any party having any right, title or Interest in the Pfope,-ty to consult Chapter 275 of me Town Code ot the Town of Southbid. as may be ,,mended, and to oOtain from the Town of Southoid Boa~l of Trustees review and such approvals as may be required by Chapter 276 f~r aclivltie~ regulated tl3ereill on ,'he Pmf>erty 5. De~larant grant'~ the ¢¢mtinuing fight la peq3etulty to the Town cf ~outhoid or any of It~ designated representatlve~ to enforce the condlbona and re~bk:tlorm of ~ covenants. THE FOREGOING covenants and reMrictions shall bind the Declarant, its heirs, ~uccessom end aulgn$, and any and all person or persons who shall succeed to the ownemhlp of said premises of any peri thereof 13y transfer or otherwise. IN WITNESS WHEREOF. the De~arant has duly executed this 3eciaratton the day and year first above written. WILMINGTON TRUST COMPANY By; .. STATE OF NEW YORK ) COUNTY OF SUFFOLK) 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 PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line st 1 day of construction ½ constructed Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6613 DATE: MAY 16~ 2007 ISSUED TO: WILMINGTON TRUST COMPANY PROPERTY ADDRESS: PRIVATE RD.~ FISHERS ISLAND SCTM#7-1-p/o Lot 2 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 1 l I of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on May 16, 2007, and in consideration of application fee in the sum of $250.00 paid b} and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to construct a 22'X 32' detached garage, with the condition drywells are installed to contain the roof run-off and a continuous line of silt fence backed by hay bales in maintained throughout construction, and as depicted on the plans prepared by Richard H. Strouse last dated May 15, 2007. 1N WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. Peggy Dickersc~f- Absent TERMS AND CONDITIONS The Permittee Wilmington Trust Co., c/o Thomas duPont, residing at 3051 Tech Dr., St. Petersburg, FL 33716, as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. The Permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Department of Real Properties Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety (90) calendar days of issuance of this permit. That the said Board will be notified by the Permittee of the completion of the work authorized. 10. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. 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 May 16, 2007 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Glenn E. Just J.M.O. Environmental Consulting P.O. Box 447 Quogue, NY 11959-0447 RE: WILMINGTON TRUST COMPANY PRIVATE RD., FISHERS ISLAND SCTM#7-1-p/o Lot 2 Dear Mr. Just: The Board of Town Trustees took the following action during its regular meeting held on Wed., May 16, 2007 regarding the above matter: WHEREAS, J.M.O, Environmental Consulting on behalf of WILMINGTON TRUST COMPANY applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated Mamh 30, 2007, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator recommended that the proposed application be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policy 6 of the Local Waterfront Revitalization Program to the greatest extent practical through the imposition of the following Best Management Practice requirements: the installation of drywells to contain all roof run-off and the placement of a continuous line of silt fence backed by hay bales maintained throughout construction, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on May 16, 2007, 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 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the application of WILMINGTON TRUST COMPANY to construct a 22'X 32' detached garage, with the condition drywells are installed to contain the roof run-off and a continuous line of silt fence backed by hay bales in maintained throughout construction, and as depicted on the plans prepared by Richard H. Strouse last dated May 15, 2007. 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 ~nspection. (See attached schedule.) Fees: $50.00 Very truly yours, JFK/Ims 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 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 according to the schedule of rates as set forth in Chapter 97 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE: BY: James F. King, President Board of Trustees James F. King, President Jill M. Doher~y, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095Route 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 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: Name of Applicant: Name of Agent: Property Location: SCTM# & Street Bt/el Description of proposed action: l~Io Sound Front Bay Front SSe of area to be impa?~t.e: altwater Wetland l~Freshwater Wetland Distance of proposed work to edge of above: P,,z,a~t~ of Town Code proposed work falls under: __' Chapt.97 Chapt. 37 other Type of Application: Wetland __Coastal Erosion __Amendment __Administrative __Emergency Info needed: Conditions: Present Were: {~J.King __J.Doherty__P.Dickerson Other: D. Bergen Bob Ghosio, Jr. Malied/Faxed to: Date: Comments of Environmental Technician: C~xac~_ ~o Telephone (631) 765-1892 Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 CONSERVATION ADVISORY COUNCIL TOWN OF SOUTHOLD At the meeting of the Southold Town Conservation Advisory Council held Wed., May 9 2007, the following recommendation was made: WILMINGTON TRUST COMPANY to construct a 22'X 32' detached garage. Located: Private Rd., Fishers Island. SCTM#7-1-p/o Lot 2 The CAC did not make an inspection, therefore no recommendation was made. OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To~ James King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: May 4, 2007 Re; Request for Wetland Permit for WILMINGTON TRUST COMPANY SCTM# 7-1-p/o Lot 2 WILMINGTON TRUST COMPANY requests a Wetland Permit to construct a 22'X 32' detached garage. Located: Private Rd., Fishers Island. SCTM#7-1-p/o Lot 2 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. Policy 6 Protect and restore the quality and function of the Town of Southoid ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed distance to the new garage from the freshwater wetlands is 81 feet~ a minimum setback distance of 100 feet from the wetland Hne is required pursuant to Chapter 275-3.Findings~ purpose~ jurisdiction~ setbacks. Please require that the applicant amend the application to meet the above policy to the greatest extent practical. Additionally, if the action is approved and to further Policy 5: Protect and Improve Water quality in the Town of Southold 1. Require gutters, downspouts, and sub-surface drywells to contain roof runoff on garage and hay bales during construction. 2. Establish a non-turf buffer to protect the wetlands. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Offlee Use Only __~etlantal Erosion Permit Application d Permit Application Administrative Permit AmendmentJTrans~/~x(~t~sion ,lFa~ce'~v'vedApplication: 3[~)~)~--}. . _ ~'~e~v~ ~:$ .,~mpleted Application SEQRA Classification: Type ! Type II Unlisted Coora~tion:(&t~ ..e~c R~te~-r~ S~t: "ti I 0 Receipt of CAC Report:. Lead Age, ney ~on: Teclmic~l Review: ,~ii~ ~i~ mia: $ Resolution: MAR 3 0 2007 NameofApplicant Wilminqton Trust Compnny, Thomas L duPont Address 3051Tech Drive, St. Petersburg, Fi 33716 Phone Number:( ) 727-573-9339 Suffolk County Tax Map Number: 1000- 7-1-p/o Lot 2 PropertyLocation: privn~ roMc]:nc~: Pi .h~,rS Tsland (provide LILCO Pole #, distance to cross streets, and location) AGENT: Glenn E. Just/JMO Environmental Consultinq (If applicable) Address: P.O. Box 447, 0uogue, NY 11959-0447 653-0607 Phone: ~z~c~. o£ '~z-uwkees ~.~ic&~.J. on~ Land Area (in square f~t):. Area Zoning:. ~ - 1 2 0 GENERAL DATA 119,790 s.f. Pre~oususe0fpr0p~y: single family dwellinq Intended use ofpmpe~y: sam~ 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? x No Yes If yes, provide explanation: Project Description (use attachments if necessary):. Applicant proposes to construct a 22'x 32' detached garage The proposed garage would be located 81' landward of the existing freshwater wetlands line and 278' landward of the Apparent High Water Line. 9&~d o£ ~us~ees ~c&~on~ WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Proposed 9arage construct±on Area of wetlands on lot: 1 6.7 8 8 square feet Peroent coverage of lot: 1 4. ~ % Closest distance between nearest existing stxucture and upland edge of wetlands: 4 0 feet Closest distance between nearest proposed structure and upland edge of wetlands: 8 ~ feet Does the project involve excavation or filling? x No Yes If yes, how much material will be excavated? How much material will be filled? n / a cubic yards Depth of which material will be removed or deposited: n/a Proposed slope throughout the area of operations: n/a Manner in which material will be removed or deposited: cubicyards n/a feet Statement of the effect, if any, on the wetlands and tidal waters of the tom that may result by reason of such proposed operations (use attachments if appropriate): As proposed, project shall have no ne~alive impacts upon the waters or wetlands of the Town of Southold. Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed b~ A 1. APPLICANT/SPONSOR Wilmin~etOl~ Trust Company, Thomas L. d~Pent 3. PROJECT LOCATION: Munictbe~ Fishers Island ~pllcant or Project Sponsor) 2. PROJECT NAME Proposed gauge Cou.ty Suffolk 4. PRECISE LOCATION (Sheet address and road interesc~orl$, prominent landma~¢s, otc., or I~ovlde map) Private road, no # Fishers Island Town of Southold, Location map enclosed S.C.T.M.No. 1000-7-l-p/olot 2 5. PROPOSED ACTION IS: 6. DESCRIBE PROJECT BRIEFLY: Applicant proposes to construct a 22bc 32' detached garage. The proposed garage would bc located 8 l' landward of thc existing freshwater wetlands line and 278' landward of the Apparent High Water Line. 7. AMOUNT OF LAND AFFECTED: Ini0ally 9 acres Ul',~ateiy 0 acres 8. WILL PROPOSED ACTION COMPLYWITH EXISTING ZONING OR OTHER EXISTING LAND USE RES'I~ICTIONS? ~L~] Yes [] No If No, describe b~efly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? De~:R~I [] Industflal [] Commercial single family dwellings 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? Yes L_J No If Yes, list agency(s) name and permit/approvals: Southold Town Trustees 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTI.Y VALID PERMIT OR APPROVAL? [_J Yes [] No If Yes, list agency(s) name end permit/appfovais: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? DYes [].o I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Ap~rll/s~onanr ~ame: Ot E. S~gna~ OVER 05/1~/2007 1/): 52 ~ LLC PAC,iE 0! TO: "~,54=j P . ~. · J~ue~ F. Ian& Jill M, ~, Bob O~ Tow~ IPaz (o31) BOARD o~' TOWI~ OF BO~ OF ~US~: TO~ OF SO~OL~ ~ ~ M~ of ~c A~ ef .............. Thai on ~bc~k_day o£/T'gtq ,200~r.l personally ~t~ ~ to~ s~ ~e ~st~ ~ ~ ~ in pl~ for e~t PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: STATE OF NEW YORK COUNTY OF SUFFOLK _ . , bej~lg duly sworn, de~es and ~ that on the ~.~ day of . ~_. ,2~-9 ~, deponent mailed a tree copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment r~l of the Town of Southold; that said Notices were mailed at the United States Post Office at (~'9 ~D~ ~12~-~ , that said Notic~ vl~re m.ai~d to e~a-of said persons by (certified) (registere~) mail. Sworn to Ilqfor ne this /~/~ 03/B1/2087 14:S7 16317BB~.~49 HAROLDS LLC e PAGE 82 APPLICANT/AGENT~F. PRF~F~ ATIVE TRANSAC~rlONAL DISCLO~UKE FORM P'orm TS ! 83/01/2887 14:57 1631788~9 HAROLDS LLC PAGE 04 MA~-l-e~? 1~ FRO~:J~IO (~LTI~ ~5J3548 ~780~549 Boe,~41 of TJr~IT, O~It AUTHOI~IZATION (where the applicant is not the owner) (prim owaet ofpmpe~y) 7T~0 ~'~^.~_ I f~t~o, to apply for permit(s) from the Sou~old Board of Town Tmateef m3 my beholf, (Owners 19:41 FR~M: JMO 65Xi~48 P.2 Tow~ of A. 1NSTRU~'i'iON$ All applicsnts for permits*/ncl~in5 Town of Soutlmld agencies, shsll co~,le~ ~ CCA~ for prol~sed actions that are subject to tl~ Town of Soutlmld Wsm'from ~ l~'~v Lsw. This assessmm! is/nlm~ded to nq~lemem oth~ inform~/~m used by a Town of So.hold ~mcy/n tasking a d~-t~n~m~'~m of consisl~ncy. *F.z.~pt minor ez~pt a~tionr ~ B~W/mg Permits and other m~ai permtt~ not located wi~n t~ Coastal Erosion H,,,,,~l A~a. Wsl~mmt l~zv~li~io~ ProlFzm. A prolms~ a~tion will be ~ ss to ils b~mefu~l and adveme ef~cts ulxm Ihe ~ ~ (which includes all of Soullmld Town). If stay qram/on in ~__~/on Cea Ibis form is ~msw~rod ~y~s", ~m ~he Im~ s~ioa may ~ the v~/~-~mmmt of ~h~ LWRP poliay s~ndards and eo~lfl/~ms eo~t~d in ~he comis~emey ~view hw. A ei~y of the LWRP is available in the following places: onli~ at Ihe Town of Soulboid's ~ (souflmldmwn.norlhfork. net), the Board of Trust.s ~, the P'uu~n~ De~u~, all local ~ ami ti~ Town Clerk's ofli~. B. DgSCRIPTION OF SITE AND PROPOST~ AL-I'ION SC-I~NI~ 100~0 -7, -1- p/o lot 2 APF1 12 2007 Ca~,op/of Town of Soulhold agency ac'~/on (check ~ mspome): Co) (0 Action undemken directly by Town agency (e.g. capital [] oonsm~o~, 1~!~,,~ activity, agency re~tior~ land mmn~ion) [] assistance (e.~. 8rmV, Imm, subsidy) Nature and exteut of ac~m: ADDiic&nt DrODOSeS to construct a 22'~2' ~h~ ?~q~ P~R-11-~? 1~:~1 FROM:$MO~TING 0: 7656~1 private road. no d. Fishers Island existing SFD If zn zOplica~e~ foe the prel~m~ ~ion has been filed with the Town of Southold ~ency, the following (a) N~meof~ppl/c~ntWilminqton Trust Comoanv. Thomas L. duPont ~) ]~fl~sddr~s: TL duPontr 3051 Tech Drivet st. Petersburgr FL 33716 (¢) T~m,mher:.AreaCode( ) 7:27-573-9339 (d) Ai~iimtionnumher, if--y: unknown Will ~e a~iom be dir~tly undertake, ~ui~ flmdinff, or approval by a stare ~ f~deral ~mncy? Ye~ [] NoF-1 Ifyes, which mt~ or federal agen,zy? N.Y.$.D.E.C. DID~)PED COAST POLICY Policy 1. Foster a p~ern of development in the Town of Sou~hold that en~mee~ eomm~mit~ ehartc~er, preserves open qmce, ~ efficient use of infrastrueture, m~iu~ beneficial ule of a coastal Ioalflon, and minimizes adverse effects of development. See LWRP Section HI - Policies; Page 2 for evaluation ~' [] NO I--] NOt Applicltble L~ Section III - l~/Id~ 1~ 3 through 6 for evtlustlon eritedt L~i y~ [] No [] Not AppliclbJe AF~-11-888]' 19:48 FROM:d-MO~JLTING L~ySeC~' Enhance visual quality and protect sc~nle rtsmlrees throughout the Town of Southold. See n ill _ PdJcles Pages 6 Ibrougb 7 for evahMion ~ es [] No [] Not Apptl~ble Attnch additional sheets if nec,~,~ NATURAL COAST POLICI~ - PoJJeJes Pages 8 through 16 for ev~unflon mferh [] No [] No~ AppHeable Policy S/ Protect ami hu.~o~ water qudit~ mid SUl~ in the Town of SouthoM. See LWRP Section Ill - ~ Pqes 16 through 21 for evolution criterhl I~J Yes [] NO L~NotApp#ctble PoIJc7 6. ~ fred restore the qual~ and flmctio~ of the Town of Soutlmid ~ induding for evalaatJon criteria. [] No [] Not AppUeabk · PPR-11-~887 19:4~ FROM:JMO~iJLTING G533~48 Polk7 7. Pt'otect ired improve alF quality in the Town or Soufhoid. See LWRP Section ill _ po#des Pages 32 through 34 foF, evaluatlon ~rltefl~ [] Yes ~ No [~Not Applielib¼ [d l~Bindze ~ degradation In Town of SoulboM from solid waste and Imm'dom mines. See LWRP Section Ill - Po#des; Pases 34 through 38 fo~ evaluation crJ2~ I~¥e8 L Non-~]NotAppllctble ~s of the ?~Southold. See LWRP Section m-l~oHcles; Pages 38 through 46 for evaluation [] Y~ NoL~NotAppllcabk Atl~h Md~ms! ~ if ~ Policy 10. lYe~--~-- Souduld's wite~ependem uses nd prome(e riling er new water-depeldem uses in .y See LWRP Secd°e m - l~°lkks; Ptges 47 tbr°ugh S6 f°r evsluti°n criterh' [] No [~ Not ApplJeaMe P~-11-~887 19:4~ FROM:JMO~ULTING yu l!- Prome~ mmhable use or livlns --~ine rumurem in Lons ldand Soud, the Peeonic and Town waters. See LWRP Section HI - Po[Ides; Pages S7 through 62 for evaluation criteria. [] No [] Not Applicable Attach ~ldi~ieml th _ _.~._ ifna~csmy Policy 12. ~ asrkultural laads in the Towa of Sou~oM. See LWRP Secfion m - l, oncfes; paps 62 flu'ough 6S forg~on criteria. 111 - Pop, Sages 6S fhrough 68 for evsluslion criteria. [] Yes [] lqo ~ ]~ot ~pneame ~ om 5/25/05 11 :~0 AM 6S3334B J.M.O. Environmental Consulting Services P.7 ApplioanU Wilmington Trust Company, Thom~ L DuPont Location: Private road, no #, Fishers Island S.C.T.M. No. 1000-7-l-p/o Lot 2 The project consists of~he applicant's proposal to conalruct a 22' x 32' detached garage which would be located apptoxim~t-ly 81' landward of the existing freshwater wetlands line, as per enclosed plans. As part of my review of the Town's LWRP Consistency Form Section C, I offer the following comment.~ regard~ the Looal Waterfront Revitali~on Policies and this proposed project: Policy 1. The project shall be located on what is now a manicured lawn. The project does not involve agricultural hind nor will open space be utilized or impacted. I believe that this project is consistent with this policy because the project will not result in a negative imlmct upon the desired development pattern of the Town of Southold nor shall it result in the loss of the community and landscape pattern of the Town of Southold. I believe that this project is consistant with this policy. Policy 2. I believe that this project is consistent with thi.~ policy b~.-~e the project shall not have any impacts upon the preservation and retention of historic resources, or any archeolosical resources nor the Coastal Culture of the Peconic Bays. The reason for this is that the project site bsa previously been "disturbed" and developed. The property itaeffwa~ previously disturbed when the existing single family dwelling, drive and Policy 3. I believe that this project is consistent with this policy since the project will not have an hnpnct on any scenic resource of the Town of Southold. Phone (631) 653-0607 · Fax (631) 6,53-3348 121 Jessup Ave · 2nd Floor · P.O. Box 447 Quogue, New York 11959-0447 ~PR-11-~87 19:43 FROM:d~ULTZNG 6533348 ): 7~5~41 P.8 Policy 4. I feel that the project is consistent with this policy for a number of reasons. The proposed garage has been designed based upon sound engineering practices and designed ~o the m;n;roum scale necessary. The project shall have no adverse impacts upon adjacent properties or to natural coastal processes or natural r~ourr~. The project shall have no impact on any natural protective features nor shall it have any impacts upon public lands or lands in public trust. Lastly, the project does not involve the management of a navigational infrastructure nor are public funds involved with the project. Policy 5. I feel that the proposed project is consistent with this policy for a number ofressons. The project does not involve any direct or indirect discharges that would cause any negative impacts upon water quality standards. There shall be no increase in negative health impacts such as pathogans, chemical contaminants or toxicity nor shall there be any negative aesthetic factors involved with the project. The project does not involve watershed dsvclopment or the quantity or qual/ty of potable water. Policy 6. I feel that the project is consistent with this policy. The project as proposed shall have no impact upon the ecological quality in the Town of Southold. There shall be no negative impacts upon the adjacent area of freshwater wetlands by the destruction of habitat or significant impairment to the tolerance range of any species of fish or wildlife. The project should have no impact upon any vulnerable fish, wildlife, plant species or rare ecological communities. Policy 7. I do not feel that this policy is applicable to this project since the project does not involve any atmospheric deposition of pollutants. Policy 8. I believe that the project is consistent with this policy. The project shall not involve the disposal of solid waste or debris There sre no hazardous waste or toxic pollutants involved with the project. Policy 9. 1 do not feel that this policy is applicable to this project The pwpused project shall have no impact upon adequate physical public access to coastal resources, shall not impact any public vis~.l access to any lands or waters, involve the public interest in and use of lands and waters held in public trust or to public access of such sreas. Nor will the project have impacts upon the public's right of access along the shoreline APR-11-8~87 19:43 FROII:JMO~LLTING Policy I0. I feel that the project is consistent with this policy. The project shall hav~ no impacts upon any existing water-dependent commercial, industrial or recreational uses of the Peconic Bays. Nor is the project located on Mill Creek or within the Village of G-reenport and does not involve water-dependent uses at those sites. Policy 11. I feel that the project is consistent with this policy. The project does not involve aquaculture or the removal of shellfish from unce~ified waters of the Town of Southold nor shall it have a negative impact upon the long-term maintenance and health of living resources. Policy 12. I do not feel that this policy is applicable to the project because no agricultural lsnds ~e involved. Policy 13. I do not feel that this policy is applicable to the project since the project does not involve ener~ or mineral resources. P.1 J.M.O. EnvironmentaJ Consulting Services Phone (63 I) 653-0607 · Fax (63 I) 653-3348 121Jessup Ave · 2nd Floor · RO. Box 447 Quote. New York I 19S9-0447 FAX COVER SHEET Company Name: Attention: Fax Number: ~--- ~C(o~_t Number of Pagee Inoludlng Cover: MESSAGE: ~ .."~'~ you dO not receive the correct number of pages, please =all out office as soon as po~sible. LOCATION MAP SCALE 1"=400' APPROVED BY ~ ~ BOARD OF TRUSTEES TOWN OF SOUTHOL[ ~ ~ DATE ~ .... ~ 1.) mis SUR~ WAS PREPARED FOR THE PraT)ES AND PURPOSE mNDmCATED ~ ~ ~ B~EEN THE CLIENT ~D THE SURV~OR ~XCEEDS THE SCOPE OF ~E ~ .~ ITEM IN ANY WAY. ~ ~ ~j)~ ~ ~ 3.) ONLY COPIES OF THIS SURV~ MARKED WITH THE ~ND SU~OR'S ~ [ ; ~ SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL ARE THE PRODUCT OF ~ THE ~ND SURV~OR, / /j ' )~ SU~ TRIANGU~TIQN STATION "CHOCOMOUNT ~ ~ / DEED /I ~ 5') SITE IS IN THE TOWN OF SOUTHOLD, COUN~ OF SUFFOLK T~ MAP 1000, Z 7,) S~TE ~S LOCATEO IN ~-120 ZONE. DRAINAGE CALCU TIONS ROOF AREA - 704 SF REQUIRED - 704 SF X 1.0 X 2/12 = 118 CF z - 118 CF / 50.27 CF/VF = 2.5 {5) VF ~ USE (1) 8' DIA, X 3' DEEP DRY WELL ~ ee . .e __~ ~ ~'m~ SF SQUARE FED DATE', ~ · · 0 · · ~- ~, TREELINE SCALE: QUALI~ CONTROL CERTIFICATION ~ ~ ~-- GROUP R~i~ED pATE ' ~ m' I r 'UALI~,' CONTROL CERTIFICATION CROUP REVIEWED [~ATE ENVIRONMENTAL FILE EDGE OF LAWN lATER ~ARDEN PIN (S~T) LOCATION MAP SCALE 1"=400' W N/F ROCKY LEDGE, INC. 1.) pLAN MADE FOR BURTON G. TREMAINE, JR.; BLOCK 28 LOT NO. 11 AND PORTION LOTS NO'S 10 AND 15; AT FISHERB ISLAND, NEW YORK; SCALE: I"-- 50 FT.; CHANDLER ~ PALMER, ENO'RS.; NORWICH, CONN.; OCTOBER 1962 UMI~I 1.) THIS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE INDICATED SILT :E-' ~ BE~EEN THE CLIENT ~D THE SURV~OR EXCEEDS THE SCOPE OF THE ~ ' / 2.) IT IS A VIO~TION OF THE STATE EDUCATION ~W FOR ANY PERSON UNLESS ~__ / ',. ~ ~.) ONLY COPIES OF THIS SU~V~ MABKEO WiTH ,HE ~N~ SURV~O~ S m / ~ 4.) COORDINATE DISTANCES ARE M~URED FROM U.S. COAST AND GEODETIC ~R~ON ~ 28 - ~ lO SURV~ 1RIANGU~TION STATION "CHOCOMOUNT 2" ~ ~ SECTION 007, BLOCK 1, PORTION OF LOT 2. S 9.2¢ N/F W 7700.52 BURTON G. TREMAINE, JR. ~ (2)-2"x2"XS' STAKES FILTER ~ EA % FILTER ~-~ FABRIC CH BALE FABRIC POST ANGLE 10' UP SLOPE FOR STABILITY AND SELF CLEANING BY HAYBALE BARRIER NOT TO SCALE SF NOW OR FORMERLY SQUARE FEET TREELINE )JAR 3 0 2007 DATE: SCALE: 1" = 40' SHEET 10F1