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Home My WebLink AboutTR-6775 James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall Annex 54375 Main Road 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 # 0448C Date: July 20, 2009 THIS CERTIFIES that the removal of existing pool with deck, steps and walk and construction of in-ground pool and patio, screened porch with steps and a non-turf buffer installed and to be maintained from the 8' elevation contour line extending seaward At 3683 Pine Neck Road, Southold, New York Suffolk County Tax Map # 70-6-23 Conforms to the applications for a Trustees Permit heretofore filed in this office Dated ~11/15/07 pursuant to which Trustees Wetland Permit # 6775 Dated .12/12/07 was Issued and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for the removal of existing pool with deck, steps and walk and construction of in- ground pool and patio, screened porch with steps and a non-turf buffer installed and to be maintained from the 8' elevation contour line extending seaward The certificate is issued to DANIEL & PASQUALINA BERKOWITZ owner of the aforesaid property. Authorized Signature James F. King, President Jill M. Doherty, Vice-President Pegsy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 1971 Telephone (63 I) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DATE/~z INSPECTION: V/ Ch. 275 Ch. 111 INSPECTION SCHEDULE Pre-construction, hay bale line/silt boom/silt curtain 1 ~ day of construction INSPECTED BY: COMMENTS: ~ c..onstructed ~Project complete, compliance inspection. CERTIFICATE OF COMPLIANCE: EN-CONSULTANTS, INC. ENVIRONMENTAL CONSULTING 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www.enconsultants.com February 12, 2009 Lauren Standish Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Daniel & Pasqualina Berkowitz~ Wetland Permit No. 6775 Dear Ms. Standish: In satisfaction of Term and Condition #8 of the captioned permit, the required Declaration of Covenant was recorded in the Office of the Suffolk County Clerk on February 11, 2009. A copy of the recorded document is enclosed for your files. Tctfully yours, '~'l m 'Stephens) Enclosure cc: Daniel & Pasqualina Berkowitz COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK CC #: C09-5884 I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on02/11/2009 under Liber D00012580 and Page 310 and, that the same is a true copy thereof, 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 this 02/11/2009 SUFFOLK COUNTY CLERK JUDITH A, PASCALE SEAL SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Number of Pages: 4 Receipt Number : 09-0014196 District: 1000 Recorded: At: 02/11/2009 10:09:28 AM Page/Filing, COE TP-584 Cert. Copies Received the Following Fees For Above Instrument Exempt Exempt $20.00 NO Handling $20.00 NO $5.00 NO NYS SRCHG $15.00 NO $0.00 NO Notation $0.00 NO $5.20 NO RPT $30.00 NO Fees Paid $95.20 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County LIBER: D00012580 PAGE: 310 Section: Block: Lot: 070.00 06.00 023. 000 EXAMINED AND CHARGED AS FOLLOWS Number of pages This document will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage instrument Page / Filing Fee TP-$84 Notation EA-$2 17 (County) EA-S217 (State) R.P,T.S.A, Comm. of Ed. 5. 00 Affidavit Certified Copy NY5 Surcharge 75. 00 Other Real Prc ~ Tax Sen Agem Verifica 6 Deed / Mortgage Tax Stamp FEES Sub Total Sub Total Grand Total 1000 07000 0600 023000 000 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: En-Consultants, Inc. 1319 North Sea Road Southampton, NY 11968 Mail to: Judith A. Pascale, Suffolk County Clerk 310 Center Drive, Riverhead, NY www.suffolkcountyny.gov/clerk 11901 RECORDED Keb !1 10:09:28 AFl Jusim F~ Pascale CL[:F'K OF SUFFOLkl !i:O!.Iili'i-',~ £x)O0 !251~0 c, 3i0 Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax SubTotal 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 dwelling only. YES . or NO If NO, see appropriate tax clause on page # of this instrument, 5 Community Preservation Fund Consideration Amount $ CPF Tax Due $ Improved Vacant Land __ TD TD TD 7 I Title Company Information co. Name Title # Suffolk County Recording & Endorsement Page This page forms part of the attached Declaration of Covenants by: (SPECIFY TYPE OF INSTRUMENT) Daniel & Pasqualina Berkowitz The premises herein is situated in SUFFOLK COUNTY, NEW YORK. made TO In the TOWN of SouthoId Town of Southold IntheVILLAGE Board of Trustees 0rHAMLETof $outhold BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR PILING, (over) DECLARATION OF COVENANTS THIS DECLARATION made this ~]~ day of ~dc~ Pasqualina Berkowitz, residing at 133 Raymond Street, hereinafter referred to as "DECLARANTS": , 2008, by Daniel and Darien, CT 06820, W I T N E S S E T H : WHEREAS, DECLARANTS are the owners of certain real on Pine Neck Road, Southold, Town of Southold, County of New York, 70, Block set forth Property; property located Suffolk, State of described in the Suffolk County Tax Map as District 1000, Section 06, Lot 23, which is more particularly bounded and described as in Schedule "A" annexed hereto, hereinafter referred to as the WHEREAS, the Property is situated on lands within the jurisdiction of the Board of Trustees of the Town of Southold (hereinafter the "Trustees") pursuant to Chapter 275 of the Town Code of the Town of Southold or its successor, and various activities conducted upon the property may thus be subject to the regulation and approval of the Trustees prior to being conducted; WHEREAS, the DECLARANTS therefore made application to the Trustees for a permit pursuant to the Wetlands Law of the Town of Southold to undertake certain regulated activities; and WHEREAS, as a condition of the granting of a Wetlands Permit to undertake such regulated activities, the Trustees required that a "nonturf buffer" be established seaward of the eight-foot elevation contour (1929 NGDV), NOW, THEREFORE, the DECLAP~ANTS do hereby covenant and agree as follows: 1} Upon the substantial completion of the aforementioned permitted activities there shall be established and subsequently maintained seaward of the eight-foot elevation contour (1929 NGDV) on the subject premises a "nonturf buffer" as defined by Chapter 275 of the Town Code; and 2) This requirement may only be modified by the DECLARANTS, their heirs, assigns, purchasers, or successors in interest upon resolution of the Trustees. IN WITNESS WHEREOF, the owners have duly executed this instrument this day of ~&6~ i}/ 2008. Pasqualina Berko~it z STATE OF COUNTY OF On the ~/~ day of ~¢se~- , in the year 2008, before me the undersigned, a Notary Public in and for said State, personally appeared Pasqualina and Daniel Berkowitz, 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 individual or the persons on behalf of which the individuals acted, executed the instrument. Notary ~ubl£c 2 CONNIE F. BERGEN NOTARY PUBLIC STATE OF CONNECTICUT My Commission Expires July 31,2010 AMENDED 4/5/07 SCHEDULE "A" DESCRIPTION . ALL that certain plot, piece or parcel of land, situate~ lying and being at Southoid, in the Town of Southold, County of Suffolk and State Of New York, bounded and described as follows: BEGINNING at a point in the northerly side of Pine Neck Road where the center line of a Right of Way running North and South intersects said northerly side of Pine Neck Road, said Right of Way running along the westerly line of land of tv~udd and the easterly line of land of I~ountain; RUNNING THENCE along said center line of said Right of Way, North 6 degrees 35 rain utes 40 seconds West, a distance of 184.93 feet; THENCE South 82 degrees 29 minutes tO seconds West, a distance of 139.54 feet along a 20 foot Right of Way running East and West to the southeast corner of the premises being described, said point being also the division line of the premises being described and the westerly line of land of Cooper, the true point or place of beginning; RUNNING THENCE along the center line of said 20 foot Right of Way running East and West, South 82 degrees 29 minutes l0 seconds West, a distance of 130.94 feet to land of Wells; THENCE along said land, North 6 degrees i8 minutes 10 seconds West, a distance of 232.34 feat to the ordinary high water mark of Jockey Creek; THENCE along the ordinary high water mark of Jockey Creek the following (4) courses and distances to the westerly line of land of Breeze: l) North 82 degrees 11 minutes l0 seconds East, 13.52 feet; 2) South 80 degrees 57 minutes 39 seconds East, 49.73 feet; 3) North 70 degrees 59 minutes 24 seconds East, 41.86 feet; 4) South 85 degrees 40 minutes 00 seconds East, 17.72 feet; THENCE along said land, South 9 degrees 10 minutes 40 seconds East, 222.99 feet to the point or place of BEGINNING, SUBJECT, however, to the Rights of Way heretofore granted over the southerly 10 feet 0f the premises. SUBJECT TO the right to the use of thesouthedy 10 feet of the above described property extending from the westerly line to the easterly line of said property, which property constitutes one-half of the 20 foot right of way hereinafter mentioned and the center line of which is along the southerly line of the above described premises. TOGETHER WITH the right to the use (in common with others) of a 20 foot Right of Way, the center line of which Right of Way extends along the southerly line of the premises and which Right of Way continues in an easterly direction a distanceof 1'50 feet to the easterly line thereof, and.then extends southerly a distance of 195.08 feet to Pine Neck Road, for the purpose of ingress and egress to and from the premises and Pine Neck Road. EN-CONSULTANTS, INC. 1319 Nodh Sea Road Southampton, New York 11968 631 283-6360 Fax: 631-283-6136 www.encon sulta nts.com ENVIRONMENTAL CONSULTING Gerard P. Goehringer, Chairman Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Daniel and Pasqualina Berkowitz~ App. No. 6165 June 23, 2008 Dear Mr. Goehringer: 1 am in receipt of a memorandum to you from Mark Terry dated June 16, 2008, which though not copied to the applicants, was forwarded to me by Linda Kowalski of your office. In addition to advising you pursuant to §268-5(F) that the Board of Appeals must make its own consistency determination independent of that previously issued by the Board of Trustees, Mr. Terry uses this memorandum to offer his recommendation that the proposed action is "inconsistent" with the LWRP. Although we could have offered the Board a response to this consistency recommendation in a public forum had it been offered prior to the public hearing held on May 29th, I now offer the following response for your consideration. Although it is recommended that the Board deem the project as proposed inconsistent with Policy 6.3 ("Protect and restore tidal and freshwater wetlands"), this recommendation appears to be based solely upon the fact that the project does not meet the 75-foot zoning setback from the existing retaining wall on the property as required by {}280- I 16(B). Basing an inconsistency recommendation only upon the project's failure to meet this setback is tenuous, however, as every application seeking variance relief from this section of the code fails to meet the required 75-foot setback. That is, if it is recommended that any one project be deemed inconsistent with the LWRP for this reason alone, then all such projects before the Board of Appeals could be deemed inconsistent with the LWRP, and it is clearly not the intent of Chapter 268 to have the Board determine that all projects failing to meet a particular section of code be considered "inconsistent" with the policies of the LWRP. Rather, the stated purpose of Chapter 268 pursuant to §268-2(B) is to "provide a framework for agencies of the Town of Southold to incorporate the policies and purposes contained in the Town of Southold Local Waterfront Revitalization Program (LWRP) when reviewing applications for actions ...within the coastal area; and to assure that such actions...are consistent with the LWRP policies and purposes." To that end, §268-5(C) requires that the applicant submit with its application for an action a Coastal Assessment Form (CAF), which was submitted with our variance application more than two months ago to address the project design, its incorporated mitigation measures, and its consistency with the applicable LWRP policies, including Policies 3, 5, and 6 (copy enclosed). Section 268-5(D) then requires that "within 30 days following referral of the CAF," the LWRP Coordinator shall render a written recommendation as to whether "the proposed action is consistent with or inconsistent with one or more of the LWRP policy standards and objectives and shall elaborate in writing the basis for its opinion...[and]...make any suggestions to the agency concerning modification of the proposed action, including the imposition of any conditions, to make it consistent with LWRP policy standards and objectives or to greater advance them." Regardless of its timeliness, the consistency recommendation here is supported by no such elaboration or basis as to why the project should be deemed inconsistent with the policy of protecting tidal wetlands aside from its failure to comply not with a wetlands setback but with a zoning setback; and it provides no recommendations as to how the project could be modified aside from meeting the setback to the greatest extent possible. Because it is therefore difficult to know whether the project design (e.g., increase in preexisting pool setback, minimization of porch addition to maintain preexisting dwelling setback) or incorporated mitigation measures (e.g., proposed nonturf buffer, proposed drainage system, proposed pool drywell) have been taken into consideration, I will provide as comprehensive a response to the consistency recommendation as I can. With respect to the maximization of the proposed setback, the narrative submitted with our variance application and our dialogue during the public hearing addressed how the proposed setback has already been maximized to the greatest extent reasonably and practicably possible given the preexisting site conditions, including the facts that the setback of the new swimming pool would improve upon the preexisting pool setback and the porch addition would remain in line with the rear deck and thus only 12 inches less than the required 75 feet from the retaining wall. Therefore, l will not reiterate those discussions herein. I will, however, elaborate the basis for our position the project as presently designed is in fact consistent with Policy 6.3. Section II1 of the LWRP sets forth the purpose and goals of each program policy as well as standards by which proposed actions should be measured when determining whether an action will be consistent with those purposes and goals. Policy 6.3 in particular details six (6) standards for achieving consistency with the purposes of the policy of protecting and restoring freshwater wetlands, which are examined as follows: Comply with statutory and regulatory requirements of the Southold Board of Trustees laws and regulations for all Andros Patent and olher lands under their jurisdiction: Although set back 49 feet from the retaining wall, the proposed swimming pool is set back more than 50 feet from the delineated tidal wetlands boundary and is thus in compliance with the Town Wetlands Law, §275-3(D)(1 )(a)(5). In addition to rendering a deterufination that the project is consistent with the LWRP policies, the Board of Trustees issued Wetlands Permit No. 6775 to authorize the project pursuant to the Town Wetlands Law on December 12, 2007. The project is therefore consistent with this policy standard. Comply with statutory and regulatory requirements qf the State's wetland laws: Tidal Wetlands Letter of Non-Jurisdiction No. 1-4738-03771/00001 was issued by the New York State Department of Environmental Conservation to authorize the project pursuant to the New York State Tidal Wetlands Act on February 27, 2008. The project is therefbre consistent with this policy standard. Prevent the net loss of vegetated wetlands according to the.]~bllowing measures: Id AvoM placement of fill in or excavation of vegetated wetlands: 2) Minimize adverse impacts resulting from unavoidable fill, excavation, or other activities by ad reducing scale or intensity of use in order to limit incursion into wetland areas and b) designing projects to result in the least degree of adverse wetland impacts; and 3) Provide compensatory mitigation.for adverse impacts which may result from unavoidable fill, excavation, or other activities remaining after all appropriate and practicable minimization has' been accomplished: The project entails no fill in, excavation of, or incursion into vegetated or other wetland areas and will therefore not result in the net loss of vegetated or any other wetland area; and the establishment of the nonturf buffer in place of exisfing lawn will provide a protective and potentially restorative function for the adjacent wetlands by decreasing the volume and increasing the quality of upland runoffthrough increased absorption and filtering of chemicals and sediments, respectively. The project is therefore consistent with this policy standard. Provide adequate bt~ffers between wetlands and adjacent or nearby uses and activities in order to ensure protection qf the wetland's character, quality, values, and functions: The location of the proposed swimming pool would increase the preexisting setback between the wetlands and swimming pool to one that complies with the required minimum wetlands setback for swimming pools set forth by §275-3(D)(l)(a)(5); and an approximately 2,640 square-foot nonturf buffer to be planted with native coastal plantings will be established in place of existing lawn, up to the 8-foot elevation contour and as much as 25 feet landward of the delineated tidal wetlands boundary', which will provide the protective and restorative wetland function described above. The project is therefore consistent with this policy standard. Maintain bt4ffers to ensure that adverse effects oJ'cMjacent or nearby development are avoided: The existing buffer area between the developed portion of the property and wetlands will be increased by increasing the wetlands setback of the swimming pool as described above; and this area will be enhanced through establishment of a formalized 2,640 square-foot nonturf buffer to be planted with native coastal plantings, which will provide the protective and restorative wetland function described above. The project is therefore consistent with this policy standard. Restore tidal wetlands' and freshwater wetlands, wherever practical, to foster their continued existence as natural systetns: There is no practicable or appropriate opportunity as part of this variance application to reconstruct or to chemically or biologically alter or manipulate the conditions of the adjacent, naturally occurring wetlands, but the buffer area adjacent to these wetlands will be protected and enhanced and provide the protective and restorative wetland function described above. The project is therefore consistent with this policy standard. It is noteworthy that while two of these six standards make reference to compliance with the statutory and regulatory requirements of the Town and State Wetlands Laws, none of the standards references compliance with the requirement of the Town Zoning Code that upland structures be set back 75 feet from shoreline structures. And unlike the Town Zoning Code, which more than 15 years ago established a uniform 75' setback requirement for all upland structures from shoreline structures, the Town Wetlands Law in 2005 specifically distinguished swimming pools from primary structures by requiring that pools meet a lesser setback of 50 feet and dwellings a greater setback of 100 feet from the wetland boundary. Therefore, it cannot be ignored during your consistency review that whatever its setback from the on-site retaining wall, the proposed swimming pool complies with the required setback of SO feet from the wetland boundary set forth by Chapter 275-3(D)(I)(a)(5j. The significance of this compliance with the Town Wetlands Law and the role of the Board of Trustees in issuing consistency determinations and wetland permits is explicitly emphasized not only by the language of the policy standards as described above but also by the introductory language of Policy 6.3, which states that the "Town Board of Trustees has local expertise in the management of the Town's wetlands [and] tbe following policy standards recognize that local expertise and judgment must be given priority." Therefore, while Mr. Terry opines that the Trustees' role in its joint reviews with the Zoning Board of Appeals on the proposed action is merely as a commenting board, 1 respectfully suggest that while §268-5(F) may rightfully designate the Board of Appeals as the consistency review agency for variance applications, the Board should prioritize the Trustees' judgment as directed by the LWRP when making a consistency determination on variance applications that relate to wetland setbacks unless it has specific and scientifically defensible cause to believe that the Trustees' consistency determination is unfounded. And in this case the Trustees issued a determination of consistency and a wetlands permit for the project based on its overall design, mitigation measures, and expected environmental impacts, which the Board of Appeals can consider as summarized in the "Reasons for Appeal" section of our variance application. To wit, the project will not have an adverse impact on the physical or environmental conditions of the site because there will not be any significant change in the developed nature of the property, and as a result of the incorporated mitigation measures, there will be a net improvement to the ecological condition of the site. Specifically, the proposed pool not only exceeds the required setback for pools from wetlands set forth in Chapter 275, the new pool will be located approximately 2 feet farther from the wetlands than the existing pool to be removed. And as the screened porch will be aligned with the existing deck attached to the waterside of the house, the porcb will create no further structural encroachment on the wetlands. Moreover, though there will be an approximately 456 square-foot increase in lot coverage as a result if the project, the nonturf buffer proposed adjacent to the wetlands and extending up to the 8-foot elevation contour will result in the replacement of approximately 2,640 square feet of lawn with native vegetation. This change, in addition to the installation of a dedicated dry,veil for pool backwash and a drainage system ofdrywells to capture and recharge roof runoff from tbe existing dwelling, will result in a net improvement to water quality via a net reduction not only of the flow rate and volume of runoff entering Jockey Creek but of the potential concentration of fertilizers, fungicides, and other chemicals contained therein. As a final consideration that I noted during the public hearing, if the easterly adjacent neighbors--whose property is not improved with a shoreline structure--were to apply for and receive a wetlands permit for a similarly situated swimming pool, they would not require relief from the Board of Appeals to build that structure. Similarly, if the applicants did not have or were to remove their retaining wall, then zoning relief for their proposed structures would not be necessary, and the LWRP Coordinator would thus presumably bave been able to recommend that the project be found consistent with the LWRP. It is problematic that t~vo identical projects on two adjacent properties could require such substantially different regulatory reviews within the same Townsbip based solely on the presence of a shoreline structure. This is significant for the Board of Appeals to consider when making both its consistency and variance determinations because whereas strict application of the wetland setback required specifically for swimming pools by the current Town Wetlands Law can produce consistency in the locations of pools with respect to wetlands and thus consistency in the character of the neighborhood--regardless of whether those wetlands are fronted by a shoreline structure---strict application of the structural setback required by Section 280-116(B) cannot because it arbitrarily treats bulkheaded and unbulkheaded shorefront properties unequally. Therefore, based on all of the foregoing, it is the applicant's position that the project as proposed with its incorporated mitigation measures be deterufined by the Board of Appeals to be consistent with Policy 6.3 and all other applicable LWRP policies. Should you have any questions or wish to discuss the above further, please feel free to contact me at your earliest convenience. Otherwise, we thank you for considering our response and look forward to the Board's decision on our application. RespecB~ully yours, Coastal Management Specialist cc: Daniel and Pasqualina Berkowitz James King, Chairman, Board of Trustees Patricia Finnegan, Town Attorney Lori Hulse, Town Attorney Mark Terry, LWRP Coordinator Scott Hilary, LWRP Coordinator 4 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 cot. 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 To: Front: MEMORANDUM Gerard Gochriogcr, Chair / Members of the Zoning Board of Appe Mark Terry, Principal Plaoncr -~,~,j v LWRP Coordinator -- Date: June 16, 2008 Re: Request for a Variance D & P Berkowitz ZBA#6165 The purpose of tiffs memo in addition to recommending a consistency determination is to claritS' the LWRP review process as it relates to applications reviewed by the Zoning Board of Appeals and the Board of Trustees. Thc proposed action which has been reviewed to Clnapter 268. Waterfront Consistency Review of the Town of Southold Town Code aod tile Local Waterfl'ont Revitalization Program (LWRP) Policy Standards, Based upon tlnc information provided on tine I~WRP Consistency Assessment Form submitted to this depamnent, as well as the records available to me, it is nay rcconmrendation that the proposed action is INCONSISTENT from LWRP review pursuant to § 268 of the Southold Town Code. Policy Protect and restore tile quality and function of the Town of Soutlnold ecosystcnr. 6.3 Protect and restore tidal and fl-cslw,'ater wetlands. The setback from tine proposed free fonn pool to the wood retaining wall (bulkhead) is 49 feet and the proposed distance from thc screen porch to the proposed screened porch is 74 feet; a minimum setback of 75 feet is required b_¥ Article XXIII. § 280-116. Building setback requirements adiacent to water bodies and wetlands. [Added 3-14-1989 by L.L. No. 3-1989; amended 11-24-1992 by L.L. No. 20-1992; 6-15-1993 by L.L. No. 8-1993] "B. All buildings or structures hwated on lots zq~on which a bulkhead, concrete wall, riprap or similar strueture exists and which are ad/acent to tidal n'ater bodies other than sounds shall be set back not less than 75 feet fi'om the bulkhead...." Plcase require that the applicant amend the application to meet the above policy to the greatest extent possible. Figure I. Berkowitz Residence It is important to note that the Board of Trustees issued a consistency determination on December 12, 2007. The consistency dcterminatiom although, important due to the mitigative measures imposed in the decision making, does not satisfy with § 268-5. Review o£actions, item F. of the Southold Town Code which states: [~,?~on recommen&aion of L WRP Coorrfinator, the designated agenO' xhall consider whether the proposed action is consistent with the L WRP polic:y standards summarized in .~ 268-1 herein. Prior lo making its determination consisteno,, the designated agenO, shall consider the consixteno, recommendation q/the LWRP Coordinator. The agency shall render a n,ritten determination (~/'eonsisleney based on the CAF, the £ HZRP Coordinator recommendation and such other infi)rmation as is deemed necessary to deter~nination. No approval or ctecision shall be rendereddor an action in the coastal area ~['ithout a determinalion (?/conxistenc. y. 7he designated agency will make the.final determination of consistenty. The Zoning Board o/'Appeals is the designated agencv /br the determination o{'consistencv /br variance applications sub/ect to this chapter. The Zoning Board o/'Appeals shall consider the written consistencp recommendation of the L WRP Coordinator in the event and at the time it makes a decision to grant such a variance and shall impose appropriate conditions on the variance to make the activity: consistent with the ob/ectives o/this chapter. The language in the latter part of the section indicates that the Zoning Board of Appeals "is the designated agency for the determination of consistency"; the language also gives the Zoning Board of Appeals authority to impose conditions on the variance, stating that the Zoning Board of Appeals: "shall impose appropriate conditions to the variance to make the activity consistent with the objectives of this chapter". The objectives or'the chapter refers to the determination of consistency relative to an proposed action meetiug the thirteen LWRP policies. Based upon the above the Board of Trustees interaction with joint reviews with the Zoning Board of Appeals is as a commenting board on the proposed action. This structure is similar to the Zoning Board of Appeals and Planning Board process, where the Planning Board issues comments to the Zoning Board of Appeals on applications. Finally, the Zoning Board of Appeals should impose mitigative conditions (if applicable) in the decision making process so that the proposed action meets or furthers the thirteen policies of the LWRP. Pursuant to Chapter 268, the Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistcncy of the proposcd action. Please contact me with any questions. Cc~ Southold Board of Trustees Patricia Finnegan, Town Attorney Kieran Corcoran, Assistant Town Attorney Scott Hilary, LWRP Coordinator 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 1st day of construction ¼ constructed Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6775 DATE: DECEMBER 12~ 2007 ISSUED TO: DANIEL & PASQUALINA BERKOWITZ PROPERTY ADDRESS: 3683 PINE NECKROAD~ SOUTHOLD SCTM# 70-6-23 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 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 December 12, 2007, and in consideration of application fee in the sum of $250.00 paid by Daniel & Pasqualina Berkowitz 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 remove the existing above-ground swimming pool and deck, and construct an in-ground swimming pool and patio; construct 12' x 16' screened porch addition partially in-place of existing deck, steps, and walk to be removed, and construct new steps; establish a non-turf buffer; and install a pool drywell landward of Chapter 275 jurisdiction, with the condition of the non-turf buffer be placed from the 8' elevation contour line extending seaward, and as depicted on the survey prepared by Nathan Taft Corwin III, Land Surveyor, last dated December 14, 2007, and received on December 17, 2007. IN 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. TERMS AND CONDITIONS The Permittee Daniel & Pasqualina Berkowitz, residing at 133 Raymond Street, Darien, Connecticut, 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 Iow 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. 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 December 12, 2007 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Robert E. Herrmann EN-Consultants, Inc. 1319 North Sea Road Southampton, NY 11968 RE: DANIEL & PASQUALINA BERKOWITZ 3683 PINE NECK ROAD, SOUTHOLD SCTM# 70-6-23 Dear Mr. Herrmann: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, December 12, 2007 regarding the above matter: WHEREAS, En-Consultant, Inc. on behalf of DANIEL & PASQUALINA BERKOWITZ 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 November 15, 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 possible through the imposition of the following Best Management Practice requirements: a non-turf buffer from the 8' elevation contour line extending seaward, and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on December 12, 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 a.pplication, and, WHEREAS, the s~ructure 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, tha~ithe Board of Trustees approve the application of DANIEL & PASQUALINA B,ERKOWlTZ to remove the existing above-ground swimming pool and deck, and construct an in-ground swimming pool and patio; construct 12' x 16' screened porch addition partially in-place of existing deck, steps, and walk to be removed, and construct new steps; establish a non-turf buffer; and install a pool drywell landward of Chapter 275 jurisdiction, with the condition of the non-turf buffer be placed from the 8' elevation contour line extending seaward, and as depicted on the survey prepared by Nathan Taft Corwin Ill, Land Surveyor, last dated December 14, 2007, and received on December 17, 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, James F. King President, Board of Trustees JFK/eac Standish, Lauren From: Sent: To: Subject: Larry Jungblut [iajungbl@optonline.net] Monday, December 10, 2007 3:17 PM Standish, Lauren Berkowitz Public Hearing -- Dec. 12, 2007 TO the Board of Trustees -- Although we do not own property immediately bordering that of Daniel and Pasqualina Berkowitz (Tax Map ~ 1000-70-6-23), our property lies only 30 feet to the west of their property on Pine Neck Rd. I am in favor and support the Berkowitz's request for a permit to install an in-ground pool along with the associated work with this installation. Above ground pools contain a thousands and thousands of gallons of water. major rupture, due to some unforeseen event, would send a large quanity of water causing possible damage not only to adjacent properies including my property, but also cause possible pollution problems due to a considerable amount of runoff into Jockey Creek. A I therefore fully support their request as it would reduce a possible major source of runoff. ~hould you need more information, let me know. Jan L. Jungblut 3295 Pine Neck Rd. ~outhold, NY 11971 765-6926 ~jajungbl@optonline.net Donald Wilder, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., December 5, 2007, the following recommendation was made: Moved by Glen McNab, seconded by Jack McGreevy, it was RESOLVED to SUPPORT the Wetland Permit application of DANIEL & PASQUALINA BERKOWlTZ to remove the existing above-ground swimming pool and deck, and construct an in-ground swimming pool and patio; construct 12'X 16' screened porch addition partially in-place of existing deck, steps, and walk to be removed, and construct new steps; establish a non-turf buffer; and install a pool drywell landward of Chapter 275 jurisdiction. Located: 3683 Pine Neck Rd., Southold. SCTM#70-6-23 Inspected by: Glen McNab, Don Wilder The CAC Supports the application with the Condition drywells and gutters are installed to contain the roof run-off and a drywell is installed to contain the pool backwash, a 30' non- turf buffer is installed, and no removal of trees measuring 8" DBH or larger. Vote of Council: Ayes: All Motion Carried 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 Southold Town Board of Trustees Field Inspection/Work session Report Date/Time: / ~/~/0 ~ DANIEL & PASCtUALINA BERKOWlTZ request a Wetland Permit to remove the existing above-ground swimming pool and deck, and construct an in-ground swimming pool and patio; construct 12'X 16' screened porch addition partially in- place of existing deck, steps, and walk to be removed, and construct new steps; establish a non-tuff buffer; and install a pool drywell landward of Chapter 275 jurisdiction. Located: 3683 Pine Neck Rd., Southold. SCTM#70-6-23 ~Se of area to be impacted: altwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of above: P~C of Town Code proposed work falls under: hapt.275 Chapt. 111 other Type of Application: 7Wetland __Coastal Erosion __Amendment __Administrative __Emergency Pre-Submission Violation Planning Modifications: Conditions: Pre~t. Were:V~J.King ~J.Doherty~P.Dickerson '~.Bergen~ B. Ghosio, Jr · Cusack D. Dzenkowski Mark Terry~other Form filled out in the field by Mailed/Faxed to: Date: Environmental Technician DANIEL AND PASQUALINA BERKOWITZ, 3683 PINE NECK ROAD, SOUTHOLD Figure 1. Looking south over railroad tie retaining wall and upslope toward locations of existing & proposed switnming pool and screened porch addition. Figure 2. Looking north from existing deck over location of existing and proposed swimming pool and downslope toward Jockey Creek. EN-CONSULTANTS, INC. 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com ENVIRONMENTAL CONSULTING December 14, 2007 James King, Chairman Board of Trustees Town of Southold P.O Box ! 179 Southold, NY 11971 Re: Daniel and Pasoualina Berkowi~z. 3683 Pine Neck Road. Southold As discussed during the public hearing on the captioned application, please find attached (3) copies of a site plan revised to depict the proposed nonturf buffer extending to the g-foot elevation contour. Should you require any additional information before the Town Wetlands Permit can be issued, please let me know. Respe~ ~lly yours, Robe~ Heii~mnn Coastal Management Specialist Enclosures 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 To: From: TOWN OF SOUTHOLD MEMORANDUM Jim King, President Town of Southold Board of Trustees Mark Terry, LWRP Coordinator Principal Planner CEgVEi DEC ! 0 2007 Seuthhold Town Beard ef Trustees Date: December 10,2007 Re: Wetland Permit for DANIEL & PASQUALINA BERKOWlTZ SCTM# 70-6-23 DANIEL & PASQUALINA BERKOWITZ request a Wetland Permit to remove the existing above-ground swimming pool and deck, and construct an in-ground swimming pool and patio; construct 12'X 16' screened porch addition partially in-place of existing deck, steps, and walk to be removed, and construct new steps; establish a non-turf buffer; and install a pool drywell landward of Chapter 275 jurisdiction. Located: 3683 Pine Neck Rd., Southold. SCTM#70-6-23 The proposed pool 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 CONSISTENT with the denoted following Policy Standards m~d therefore is CONSISTENT with the LWRP. The proposed patio and screened porch have 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 Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the SouthoM 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 distance from the proposed patio to the wetland boundary. (bulkhead) is 45 feetl the distance from the proposed screened porch to the wetland boundary is 73 feet~ a minimum setback distance of 100 feet is required pursuant to Chapter 275-3.Findings~ purpose~ ]urisdiction~ setbacks. Please require that the applicant amend the application to meet the above policy to the greatest extent practical. If the action is approved the following best management practices (BMP's) are recommended: 1. Require a minimum 20' non-turf, native vegetation buffer landward of the wetland line. The BMP's will further Policies 5, Protect and improve water quality in the Town of Southold and 6.3 Protect and restore tidal and freshwater wetlands, item D (below). Provide adequate buffers between wetlands and adjacent or nearby uses and activities in order to ensure protection of the wetland's character, quality, values, and functions. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. MT/hkc Albert J. Krupski, PresidenI James King, Vice-President Henry Smith Artie Foster Ken Poliwoda Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fex (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office UseOnly · ~oastal Erosion Permit Application i/r Wetland Permit Application Major RRWaiver/Amendment/Changes eceived Application: eceived Fee:$ oQ%"O~;~' t ~ - ~"Completed Application Incomplete SEQRA Classification: Type I Type Il Unlisted Coordination:(date sent). /12AC Referral Sent: 1 ,,,Date of Inspection: Receipt of CAC Report: Lead Agency Determination: Technical Review: ,'~Public Hearing Held: Resolution: Minor Name of Applicant DANlgl.&P~~BERKOWI'IZ Address 133 RAYMON~ SIREEI; DARIE~ CT 06820 Phone Number: 631-765-8035 Suffolk County Tax Map Number: 1000 - 70-6-23 Property Location: 3683 PllXlE NECK ROAD, TOWN OF SOLrlItOLD (provide LILCO Pole #, distance to cross streets, and location) AGENT: EN-COI~ULTANYS, INC. (If applicable) Address: 1319 NORTH SEA ROAD, SOUIHAIVgqON, NY 11968 Phone: 631-283-6360 Board of Trustees Applic~ GENERAL DATA Land Area (in square £eet): 28,191 Area Zoning: R-40 on Previous use of property: RESIDENTIAL Intended use of property: NO CHANGE Covenants and Restrictions: X No__ Yes If "Yes", please provide copy. Prior permits/approvals for site improvements: Agency Date __ 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): REMOVE EXISTING ABOVE-GROUND SWIMMING POOL AND DECK, AND CONSTRUCT INGROUND SWIMMING POOL AND PATIO; CONSTRUCT 12'X 16' SCREENED PORCH ADDITION PARTIALLY IN-PLACE OF EXISTING DECK, STEPS, AND WALK TO BE REMOVED, AND CONSTRUCT NEW STEPS; ESTABLISH A NONTURF BUFFER; AND INSTALL A POOL DRYWELL LANDWARD OF CHAPTER 275 JURISDICTION, ALL AS DEPICTED ON THE SITE PLAN PREPARED BY NATHAN T. CORWIN III, LAND SURVEYOR, LAST DATED OCTOBER 30, 2007. Board of Trustees ApplicOn WETLAND/TRUSTEE LANDS APPL[CAT[ON DATA Purpose of the proposed operations: REPLACEMENT OF SWIMMING POOL AND SCREENED PORCH. Area of wetlands on lot: +/-1,580 square feet Percent coverage of lot: +/-5.6 % Closest distance between nearest existing structure and upland edge of wetlands: 46.7 feet (POOL) Closest distance between nearest proposed structure and upland edge of wetlands: 52 feet (POOL PATIO) Does the project involve excavation or filling? ~qo X Yes If yes, how much material will be excavated? +/-80 How much material will be filled? N/A cubic yards Depth of which material will be removed or deposited: <8 feet Proposed slope throughout the area of operations: N/A Manner in which material will be removed or deposited: HOLE FOR PROPOSED SWIMMING POOL TO BE DUG VIA BACKHOE OR BOBCAT. cubic yards (POOL EXCAVATION) 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): THE PROPOSED SWIMMING POOL WILL REPLACE AN EXISTING POOL, AND THE PROPOSED SCREEN PORCH WILL BE CONSTRUCTED PARTIALLY IN PLACE OF AND IN LINE WITH AN EXISTING DECK; AND ALL STRUCTURES WILL BE LOCATED FARTHER FROM THE TIDAL WETLANDS THEN THE EXISTINO STRUCTURES. AS A NONTURF BUFFER WILL BE ESTABLISHED ADJACENT TO TIDAL WETLANDS; A POOL DRYWELL W~ILL BE INSTALLED TO CAPTURE POOL BACKWASH; A DRAINAGE SYSTEM OF DRYWELLS WILL BE INSTALLED TO CAPTURE AND RECHARGE ROOF RUNOFF FROM THE DWELLING; AND A PROJECT-LIMITING FENCE AND ROW OF STAKED HAYBALES WILL BE INSTALLED DURING CONSTRUCTION TO CONTAIN SITE DISTURBANCE, THE PROJECT WILL HAVE NO ADVERSE IMPACTS ON THE ADJACENT TIDAL WETLANDS OR WATERS OF THE TOWN. 14-16~4 (2/87)--Text 2 PROJECT I.D. NUMBER 617,21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT For UNLISTED ACTIONS Only PART I -- PROJECT INFORMATION (To be completed by Applicant or Project sponsor) FORM SEQR I APPLICANT/SPONSOR:DAN]EL & PASQUALINA I2. PROJECT NAME BERKOWITZ. BY EN-CONSULTANTS, INC. I 3 PROJECT LOCATION: Municipality SOUTHOLD County SUFFOLK 4 PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc, or provide map) 3683 PINE NECK ROAD, TOWN OF SOUTHOLD, SCTM #1000-70-6-23 5. IS PROPOSED AC [] New T~]N E.~q~ansion [] Modification/alteration 6 DESCRIBE PROJECT BRIEFLY: TIDAL WETLANDS LETTER OF NON-JURISDICTION REQUESTED PURSUANT TO 6NYCRR PART 661.4(b)(l)(iii) FOR THE CONSTRUCTION OF AN IN-GROUND SWIMMING POOL, PATIO, AND SCREENED PORCH ADDITION, AS ALL CONSTRUCTION ACTIVITIES WILL OCCUR LANDWARD OF THE 10-FOOT ELEVATION CONTOUR ABOVE MEAN SEA LEVEL, ALL AS DEPICTED ON THE SITE PLAN PREPARED BY NATHAN T. CORWIN III, LAND SURVEYOR, LAST DATED OCTOBER 30, 2007. Initially 28,191 S.F. acres Ultimately 28,191 S.F. acres [~]Yes [] NO If NO, describe briefly [] Residential [] Industrial [] Commercial [] Agriculture [] Park Forest/Open space [] Other [] Y e s [] N o If yes, list agency(s) and permit/approvals DEC 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? []Yes []N o I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor nam e COASTAL MGMT. SPECIALIST O A T E NOVEMBER 9, 2007 Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment I OVER ard of Trustees Applicati~ AUTHOP~I ZATTON (where the applicant is not the owner) /' (print owner of property) (mailing ~ddress ) ( Agent ) to apply for permit(s) from the Southold Board of Town Trustees on my behalf. ( owner ~s~i-gnature ) Oard of Trustees Applicati~ AUTHORIZATION (where the applicant is not the owner) -~print o~ner of property) ( mallin~3address ) do hereby authorize ~-C_Dw%~t~ ( Agent ) to apply for permit(s) from the ~outhold Board of Town Trustees on my behalf. 8 County of ~/*Ja:tt State of N DEPOSES ~ ~F~S THAT ~/S~ IS T~ ~PLIC~T FOR T~ ~O~ DESC~ED PE~T(S) ~ T~T ~L STA~NTS CONT~D ~ ~ TR~ TO T~ BEST OF ~S~R ~O~EDGE ~ BEL~F, ~ T~T ~L WO~ ~LL BE DO~ ~ T~ ~R SET FORTH ~ ~S ~PLICATION ~ AS MAY BE ~PRO~D BY T~ SOUTHOLD TO~ BO~ OF TRUSTEES. T~ ~PLIC~ AG~ES TO HOLD T~ TO~ OF SOUTHOLD ~ ~ TO~ ~US~ES ~ESS ~ F~E FROM ~ ~ ~L D~AGES ~ CL~S ~S~G ~ER OR BY ~T~ OF S~ PE~T(S), ~ G~D. ~ CO~LET~G ~S ~PLICATION, I ~BY AU~O~E T~ ~US~ES, T~ AGENT(S) OR ~P~SE~ATI~S(S), TO EN~R O~O ~ PROPERTY TO ~SPECT ~ P~SES ~ CON~CTION ~TH ~W OF T~S ~PLICATION. Signature SWORN TO BEFORE ME THIS 2-~'~' DAY OF ~-~O~,~ ,20 0~-- tary I MAVELYN BLANCO NOTARY pITBI,[C' MY COMMISSION EXPIRES NOV. 30, 2007 OBoard County State of Trustees Applioa~n (~(L~ Ug~[~l.,~2~c6(~--~ BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARB TRUE TO THE BEST OF mS/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), I~ 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 TI-IlS APPLICATION. ' SWORN TO BEFORE ME THIS .~'~ DAY OF ,20 o~r Notary Public CONNIE F. BERGEN NOTARY PUBUC STATE OF CONNECTICUT My Commission Expires July 31,2010 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of $outhold's Code of Ethics prohibits conflicts of interest on the oart of town officers and emolovees. The nuroose of this form is to nrovide information which can alert the town of possible conflicts of int~,~t and allow it to take whatever aation is f(Last name, fa'st name, middle initial, unless you arc applying in the name 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.) Change of Zone Approval of plat Exemption fi.om plat or official map Other (If "Other", name the activity.) ~,~]~¥~4~ ~r ~/Q'q4) '~ Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship w/th any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has eve~E_n a partial ownership of (or ampinyment by) a enrporation iff which the town officer or employee owns more th~es. YES NO If you answered "YE", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of South~ld Title or position of that person Describe the relationship between yourself(the applieanffagentJrepresentafive) and the town officer or employee. Either cheek 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 (cheek 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); __.C) an officer, direetor, partner, or employee of the a~plicant; or __.D) the actual applicant. DESCRIPTION OF RELATIONSHIP APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code &Ethics prohibits conflicts of interest on the part of town officers and employees. The ~uroose of this form is to ~rovide information which can alert the town of possible conflicts ofthterest and allow it to take whatever action is neeessaW to avoid same. (La~ name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, ihdieate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Variance Change of Zone Approval of plat Exemption from plat or official map Other Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee "Relationshi "includesb blood, marfiage, orbusinessinterest."Businessinterest"meansabusiness, of the Town of Southold? p Y including a partnership, in which the town officer or employee has even a partial ownership of(or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO ~ If you answered "YE", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of $outho!d Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either cheek the appropriate line A) through D) and/or describe in the space provided. The town offioer or employee or his or her spouse, sibling, parent, or child is (cheek all that apply): A) the owner of gzeater 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); __.C) an officer, director, partner, or employee of the al?lieant; or · D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted ~_~ ~.%t~t~- 200 Signature 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 OFSOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of __~_a~d..~_~_~p.take~.~t~_~.~_ cOUnTY OF SU~mLK) ST^?E OF ~W ¥O~) AFFIDAVIT OF POSTING being duly sw~m, depose ~d say: 0' ' ' ~ That on ~e~ day of ~, ,200~ I personallyposted the prope~y ~o~ as by plac~g ~e Bo~d of Trustees official po~er where it c~ easily be ~een, ~d ~at I have checked to be s~e the poster has rem~ned in place for eight days prior to th~ date of the public he~ng. Date of hemng noted thereon to be held f B~, hOOf, I~, ~ 9 , a. · Dated: ~ (si~a~ Swom to before me this day od~-C 200 ~ NEf~y~c - ' i:' - NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant:DANIEL&PASQUALINABERKOWITZ SCTM#1000- 70-6-23 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of Permit from the Board of Trustees the undersigned to request a to: REMOVE EXISTING ABOVE-GROUND SWIMMING POOL AND DECK, AND CONSTRUCT INGROUND SWIMMING POOL AND PATIO; CONSTRUCT 12' X 16' SCREENED PORCH ADDITION PARTIALLY IN-PLACE OF EXISTING DECK, STEPS, AND WALK TO BE REMOVED, AND CONSTRUCT NEW STEPS; ESTABLISH A NONTURF BUFFER; AND INSTALL A POOL DRYWELL LANDWARD OF CHAPTER 275 JURISDICTION, ALL AS DEPICTED ON THE SITE PLAN PREPARED BY NATHAN T. CORWIN III, LAND SURVEYOR, LAST DATED OCTOBER 30, 2007. 2. That the property which is the subject of Environmental Review--is located adjacent to your property and is described as follows: 3683 PINE NECK ROAD, TOWN OF SOUTHOLD 3. That the project which is subject to Environmental Review under Chapters 32, 37, or 97 of the Town Code is open to public comment on:DECEMBER[2,2007~6:30pm You may contact the Trustees Office at 765-1892 or in writing. The above referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNERS NAME: DANIEL& PASQUALINA BERKOWITZ MAILING ADDRESS: 133 RAYMOND STREET DARIEN, CT 06820 PHONE #: 631-765-8035 Enc.: Copy of sketch or plan showing proposal for your convenience. 5 DOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: JAMESTAYLOR& MATTHEW WERNER 3445PINENECKROAD SOUTHOLD, NY 11971 ALAN & LINDA BAIN 15 WEST 72ND STREET, APT. 17E NEW YORK, NY 10023 BREESE PROPERTY TRUST 7701 SE 58TH STREET MERCER ISLAND, WA 98040 STATE OF NEW YORK COUNTY OF SUFFOLK ROBERT E. HERRMANN 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 that on the 13th day of mailed a true copy of the doing business at EN-CONSULTANTS, INC. , being duly sworn, deposes and says NOVEMBER ,2o 07 , deponent 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 roll of the Town of Southold; that said Notices were mailed at the United States Post Office at SOUTHAMPTON , that said Notices were mailed to yS~:tY~) mail. Sworn to before me this 13th day of NOVEMBER ,20 07 ~ "~ Notary'Publi~c each of said pe~ons by (certified) ROBERT E. HERRMANN COASTAL MANAGEMENT SPECIALIST I OFF C~AL Breese Property Trust 7701 SE 58th Street Mercer Island, WA 98040 OFF C~AL USE D- se,t ro Alan & Linda Bain D ~tT'J/,'t: ~ 72nd ~ or~O~ex~, 15 West Street, Apt. 17E 1 New York, NY 10023 Cer~fledFee rn Roium Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) s,n~ro James Taylor m ~t;'Jb~:~ & Matthew Wemer ~_ .o[..v..o.£o_~_~ 3445 Pine Neck Road " Southold, NY 11971 Town of Southold A. INSTRUCTIONS l. LWRP CONSISTENCY ASSESSMENT FORM A Il applicants for perm its* including Tnw n 0fS0uth0ld agencies, shall c0m plete this C C A F for proposed actions that are subject 10 the T0wn of S0uth01d W aterfr0nt C0nsistency Review Law. This assessmentisintendedt0supplement0therinf0rmati0nusedbyaT0wn0fSnuth01dagencyin m a k i n g a d e t e r m in a ti 0 n 0 f c 0 n s is t e n c y. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both supporting and non- suooorting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. SCTM# 70 A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. DESCRIPTION OF SITE AND PROPOSED ACTION 6 - 23 PROJECT NAME DANIEL & PASQUALINA BERKOWITZ The Application has been submitted to (check appropriate response): TownBoard ~] PlanningBoard~] Building Dept. [--] BoardofTrustees[~ Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) [---] (c) Permit, approval, license, certification: Nature and extent of action: REMOVE EXISTING ABOVE-GROUND SWIMMING POOL AND DECK, AND CONSTRUCT INGROUND SWIMMING POOL AND PATIO; CONSTRUCT 12' X 16' SCREENED PORCH ADDITION PARTIALLY IN-PLACE OF EXISTING DECK, STEPS, AND WALK TO BE REMOVED, AND CONSTRUCT NEW STEPS; ESTABLISH A NONTURF BUFFER; AND INSTALL A POOL DRYWELL LANDWARD OF CHAPTER 275 JURISDICTION, ALL AS DEPICTED ON THE SITE PLAN PREPARED BY NATHAN T. CORWIN III, LAND SURVEYOR, LAST DATED OCTOBER 30, 2007. Location of action: 3683 PINE NECK ROAD, SOUTHOLD Site acreage: 0.647 Present land use: RESIDENTIAL, ONE-FAMILY DWELLING Present zoning classification: R-40 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: DANIEL & PASQUALINA BERKOWITZ (b) Mailing address: 133 RAYMOND STREET DARIEN, CT 06820 (c) Telephone number: Area Code 631-765-8035 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ~] No [~] If yes, which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [--]Yes [~ No [~ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ~ Yes ~ No ~ Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ~Yes ~ No ~] Not Applicahle THE PROJECT IS CONSISTENT WITH POLICY 3 INSOFAR AS IT SHALL ESTABLISH A NONTURF BUFFER TO BE PLANTED WITH NATIVE VEGETATION INPLACE OF AN EXISTING, MAINTAINED LAWN AREA UP TO 10 FEET LANDWARD OF AN EXISTING RETAINING WALL AND 8 FEET ABOVE MEAN SEA LEVEL, THUS RESTORING AND PRESENTING A MORE NATURAL APPEARANCE ALONG THE SHOREFRONT. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ~Yes ~ No [~ Not Applicable Atlach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ~ Yes ~ No ~ Not Applicable THE PROJECT WILL RESULT IN THE PROTECTION AND IMPROVEMENT OF WATER QUALITY AND THUS BE CONSISTENT WITH POLICY 5 VIA THE FOLLOWING INCORPORATED MITIGATION MEASURES: 1) ESTABLISHMENT OF A NONTURF BUFFER UP TO 35 FEET LANDWARD OF THE SURFACE WATERS OF JOCKEY CREEK; 2) INSTALLATION OF A DRAINAGE SYSTEM OF DRYWELLS TO CAPTURE AND RECHARGE ROOF RUNOFF FROM THE EXISTING DWELLING STRUCTURE; AND 3) INSTALLATION OF A POOL DRYWELL DEDICATED TO CAPTURING POOL BACKWASH. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. THE PROJECT WILL BE CONSISTEN~TH POLICY 6 DUE TO THE INCORPOR~D MITIGATION AND PROTECTIVE MEASURES OUTLINED ABOVE. IN ADDITION, A PROJECT-LIMITING FENCE AND STAKED HAYBALES WILL BE INSTALLED ABOVE THE 10-FOOT ELEVATION CONTOUR DURING CONSTRUCTION TO CONTAIN ANY SITE DISTURBANCE DURING CONSTRUCTION. WITH RESPECT TO THE PROJECT'S COMPLIANCE WITH TRUSTEES AND NYSDEC LAWS AND REGULATIONS, THE SWIMMING POOL EXCEEDS THE WETLANDS SETBACK SET FORTH IN CHAPTER 275 BY 7 FEET; THE PORCH ADDITION WILL BE 82 RATHER THAN 100 FEET FROM WETLANDS BUT PARTIALLY IN PLACE OF AND IN LINE WITH THE EXISTING DECK AND THUS ENCROACH NO FURTHER UPON THE WETLANDS; AND THE WORK HAS BEEN EXEMPTED FROM THE DEC'S TlDAL WETLANDS JURISDICTION DUE TO ITS LOCATION LANDWARD OF 1 O-FOOT ELEVATION CONTOUR ABOVE MEAN SEA LEVEL. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. Yes No[5 Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southoid from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [--] Yes [~ No [5~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes ~ NoR Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southoid's w~lq~r-dependent uses and promote siti'll~of new water-dependent uses in suitable locations. See LWRP Section IH - Policies; Pages 47 through 56 for evaluation criteria. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Loug Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~] Yes ~] No [~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. 71 Yes 71 No [~ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. 71 Yes [~ No [~ Not Applicable PREPARED BY ER~RRM ROB ANN TITLE COASTAL MGMT SPECIALIST DATE ~1/9/07 Amended on 8/1/05 EN.CONOSULTANTS, INC. 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com ENVIRONMENTAL CONSULTING November 9, 2007 Town of Southold Board of Trustees 54375 Main Road Post Office Box 1179 Southold, New York 11971 Atm.: Lauren Standish Re: Daniel & Pasqualina Berkowitz 3683 Pine Neck Road, Southold SCTM #1000-70-6-23 Bea~l of Tmste# Dear Ms. Standish: In regard to the above referenced property, enclosed are the following for the Board of Trustees review: 1. Three (3) Wetland Permit Applications including a) Short Environmental Assessment Form; b) Authorization & Disclosure Forms; and c) project plans; d) surveys 2. One (1) set of site photographs. 3. Application fee of $250.00 wetlands. 4. Three (3) LWRP Consistency Assessment Forms including a) project plans. I trust this information shall allow you to process our permit request. Should any additional information be required, please do not hesitate to contact our office. Coastal Management Specialist /kbs Enc. J 0 C N 62'11'10" £, S ,~ 5.5.'Z 80'57'39, 49.73' CREEK 'zoNE _Dp~AINAGE SYSTEM CALCULATIONS: 2,604 sq. ft. X 0,17 = 445 cu, ff. 445 cu, fl. / 42.2 = 11 vedlcal ff. of 8' dia. leaching pool required // PROVIDE (2) 6' dla, X 6' high STORM DRAIN POOLS PROPOSED S' DIA. X 6' DEEP DRYWELLS FOR ROOF RUN-OFF ARE SHOWN THUS: , S 85'40'00" £ /~ .b~o 17.72' --12 /16 20' SURVEY OF PROPERTY SITUA TED A T SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-70-06-25 SCALE 1"=20' MARCH 12, 2007 dUNE 15, 2007 PROPOSED POOL SEPTEMBER 18, 2007 ADDED FLAGGED WETLAND LINE OCTOBER 30, 2007 ADDED PROP. PORCH & STEPS DECEMBER 14, 2007 REVISED NON-TURF BUFFER AREA = 28,191.10 sq, ft. (TO TIE LINE) 0,647 Cc. NOTES: 1. ELEVATIONS ARE REFERENCED TO N.O.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:~ EXISTING CONTOUR LINES ARE SHOWN THUS: £FL -- FIRST FLOOR 2. FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP No. $6105C0166 G ZONE AR: BASE FLOOD ELEVATIONS DETERMINED ZONE X: AREAS DETERMINED TO BE OUTSIDE 500-YEAR FLOODPLAIN. CERTIFIED TO: DANIEL BERKOWITZ PASQUALINA BERKOWITZ PeCONIC ABSTRACT INC. FIDELITY NATIONAL TITLe INSURANCE COMPANY OF NEW YORK DEC 17 2007 THE EXIST[NCR OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD~ IF ANY, NOT SHOWN ARE NOT GUARANTEED, N.Y.S. Lic, No 50467 Nathan Taft Corw n III Land Surveyor PHONE (531)727-2090 Fox (631)727-1727 27-045(