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Home My WebLink AboutTR-6791 . . 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 1 st day of construction Y:. constructed ./ Project complete, compliance inspection. . . TERMS AND CONDITIONS The Permittee, Birch Hills Property Owners Assoc.. Inc.. property located at 355 Glen Court, Cutchogue, NY as part of the consideration for the issuance of the Permit does understand and prescribe to the following: I. That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. 2. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That if future operations of the Town of South old 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. 8. 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. 9. 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 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD December 12,2007 Richard Lark, Esq. Lark & Folts, Esqs. 28785 Main Rd. P.O. Box 973 Cutchogue, NY 11935 RE: BIRCH HILLS PROPERTY OWNERS ASSOC., INC. 355 GLEN COURT, CUTCHOGUE SCTM#83-1-4 Dear Mr. Lark: The Board of Town Trustees took the following action during its regular meeting held on Wed., December 12, 2007 regarding the above matter: WHEREAS, Richard Lark, Esq. on behalf of BIRCH HILLS PROPERTY OWNERS ASSOC., INC. 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 1, 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 issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Putllic 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, ! 2 . . WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the South old Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of BIRCH HILLS PROPERTY OWNERS ASSOC., INC. to repair the existing beach stairs, deck, and safety fence along the top of the bluff, with the condition of a 5' non-turf buffer landward of the picket fencl:), and in the event the stairs and/or platforms are re-built, they must conform to Chapter 275-11 requirements, and as depicted on the plan received on November 8, 2007 and approved on January 4, 2008. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $50.00 Very truly yours, ll..- &"2 Jam~F~K~g .... President, Board of T stees JFK/lms . . James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Ronte 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 TO: ~frc~ tillIS POQ Please be advised that your application dated 111110 '} has been reviewed by this Board at the regular meeting of I~J I:J-/G7 and your application has been approved pending the completion of the following items checked off below. Revised Plans for proposed project Pre-Construction Hay Bale Line Inspection Fee ($50.00) 1st Day of Construction ($50.00) y, Constructed ($50.00) ./ Final Inspection Fee ($50.00) Dock Fees ($3.00 per sq. ft.) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE: $ .so,DO BY: James F. King, President Board of Trustees . . 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 Jack McGreevy, seconded by Chris Kempner, it was RESOLVED to SUPPORT the Wetland Permit application of BIRCH HILLS PROPERTY OWNERS ASSOCIATION, INC. to repair the existing beach stairs, deck, and safety fence along the top of the bluff. Located: 355 Glen Court, Cutchogue. SCTM#83-1-4 Inspected by: Chris Kempner, Jack McGreevy The CAC Supports the application with the Condition best engineering practices are used at the base of the stairs for erosion control because of the steep bluff, a 5' non-turf buffer is installed along the top of the bluff, and non-treated lumber is used, as per the Wetland Code. Vote of Council: Ayes: All Motion Carried ~.---.-.-------.,- . , James F. King, Pr~sident 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 InspectionIWork session Report Date/Time: j;?~5~cn BIRCH HILLS PROPERTY OWNERS ASSOCIATION, INC. requests a Wetland Permit to repair the existing beach stairs, deck, and safety fence along the top of the bluff. Located: 355 Glen Court, Cutchogue. SCTM#83-1-4 Type of area to be impacted: Vc Saltwater Wetland Freshwater Wetland ' Sound _Bay Distance of proposed work to edge of above: ~ of Town Code proposed work falls under: _Chapt.275 _Chapt. Ill_other Type of Application: / W etland _Coastal Erosion _Amendment _Administrative _Emergency _Pre-Submission _Violation _Planning Info needed: Modifications: :f ~ ~O""_ ..f~- t;: I~ -Q:- (~1_...-d _~. (("'.'_c.... c- . I / prJsent were! J.King j J.Doherty _P.Dickerson j D. Bergen_ B. Ghosio, Jr _H. Cusack_D. Dzenkowski _Mark Terry_other Form filled out in the field by Conditions: MailedIFaxed to: Date: EnvirOJI Technician Review llA..... t" er-z,.t.~ ~ "",,<0., Ioe.",o{. y",n' I d" n. G. ~ '=S. ~ -.....::: ~ -..S;: \) -" fC . . ~ ~ "::::::::- ~ -...c;: 1 ci5 ~ ~ - -t: - ~ ,- et4 . e:, L- ... - - -- - j' . " , ' J '. '..... _ ./.. LL---i.'.)~ _I , ... ......... ''''\. r_ ......... ... I o III ria ~ - Project Name: Birch Hills Property Owners Association Inc. "Park and Playground" (SCTM #1000-83-1-4) - , I I -- - r- ,... . NlOo_ ;; ~ U ~ ~ o -N- *-10 .SJ ;; !ii ~ ~ !! ~ ~ ~ ;; ~ ~ ~ "-' 2!l.7Alcl ~ F(JlPCL.NO. saSEC.NO. 09S-G1-00L] .. ! WATCH --i! --z-- --r ----ui '"' N 2~& &1lO SEE SEC.NO.D95 . SEE SEC. NO. 09S L """,""yorlllllft !lbdt>IloiCnlotNo. -,~ Sct>ooIllIofrIctllno ,~ ~.trl<tllno -" ~" DIl:UN OTfliRllSE, ~. PFOOPERTES NOTICE . COUNTY OF SUFFOlK @ , E 0 '" WITHtf ,~ FOLlO.IHG OISTRICTS" E ~... c-;_ --r-- \dl<h"Ion!llod</Sllg.No. /211 _k ,,"..trl<tun. __F__ _lIIotrl<tllno __R__ ~ . ~~ Ion .* ~ Red Property Tox Service Agency G IlAtffEHAtt:::E,ALTER.l.l1CIN.~EOR Y E ..............to1tft -~~~-- -- ""...lbtn:.tft --1-- w.._r1c.llno-llST-- 'M " "~ IIS.TilI3!Jl(HOF ANY PORTKtl OF TfE t CoLrItyCenter R1~NY119D1 S"'_/S/>;n .........-.---.----- -- C/Jlo1'yllno --- IJlttlIJotrk.tlno --L-- -.,.lIotrI<tllno--A-- .- " UT~R SI..fFWl C(UlTl TAX MAP IS P!lOtIBITEO ~ N .- . ~= .. SC.l.LE IN FEET: 0 ~'k " -.. 12.1.1.tdlor12.1A ,-~ ---- Pr:I1llbtt1l:.llno -, ....._lktr1c:.llno .. -~ USTUATER IfTfOJT'RlTTENPERIISSlONOFTI{ 1M I 1M . A -- 12.1 AIel _'N Snerlllrtr1c:tllno -, RE.tJ. PROPERTY TAlt SERVICE Ac;EHCY. P ,~ ....~ SOUTHOLD SECTION NO ., 034 'lUJG(tf 083 .. - lIS11EI" 1000 PROPERTY MAP !:[ff',{lISDN O.I.TE: Jo3n. 2O,1~!1 . . LARK & FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE, NEW YORK 11935 Tele. No. (631) 734-6807 Fax No. (631) 734-5651 RICHARD F. LARK MARY LOU FOLTS January 7, 2008 Ms. Lauren Standish Southold Town Board 53095 Route 25 P.O. Box 1179 Southold, NY 11971 r-:-::-. .- [: .-/~ r2- 'fi '-~"\'.,;i~'-'fC;-~:-' is \l..'J lb Ii '\) l~:: ~ \ . I of Town Trustees r----- . i !, JAN - 8 2008 RE: Birch Hills Property Owners Association, '" Inc. (SCTM #1000-083.00-01.00-004:.000) Dear Lauren: Pursuant to the notice of the Board of Town Trustees, a copy of which is enclosed, I am enclosing Check No. 524 of Birch Hills Property Owners Association, Inc. payable to Town of Southold in the amount of $50.00 for the final inspection fee. Kindly forward the permit to my office. Very truly yours, ) /t!../ /~:':-:.7/' ~~'~:;'~::~A ...- .-....cl.t:'V/ /''- , R{chard F. Uttk RFL/bd Enclosure . . . OFFICE WCATION: 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 Mark Terry, Principal Planner (jjj) L WRP Coordinator 15) IE (c; IE D W fe~ m1 NOV 2 9 2007 IW From: SlIlIllIlIoId Ton Board of TIlISt8eI Date: November 29, 2007 Re: Request for Wetland Permit for Birch Hills Property Owners Association, Inc. SCTM#83-1-4 BIRCH HILLS PROPERTY OWNERS ASSOCIATION, INC. requests a Wetland Permit to repair the existing beach stairs, deck, and safety fence along the top of the bluff. Located: 355 Glen Court, Cutchogue. SCTM#83-1-4 The repair to the existing beach stairs has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of South old Town Code and the Local Waterfront Revitalization Program (L WRP) Policy Standards. Based upon the information provided on the L WRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is generally CONSISTENT with the Policy Standards and therefore is CONSISTENT with the L WRP provided that the following Best Management Practices are applied to further the policies: 1. Require a re-vegetation plan for the bluff following construction to control erosion. 2. Require that existing vegetation on the bluff is protected during construction and the applicant limits the clearing of vegetation to the area necessary to repair the access stairway. 3. Construction materials as per Chapter 275 requirements, with no treated lumber for decking. The proposed deck has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of South old Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the L WRP 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 South old ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The deck exceeds the size allowed pursuant to Chapter 275-11. A. General. (6) Decks and Platforms: No decks or olatforms shall be oermitted on or near bluffs. Platforms associated with stairs mav not be lar/fer than 32 sauare feet. Please require that the applicant amend the application to meet the above policv to the l!reatest extent practical. 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 --- ., .. " " . , . . James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfel Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only _9'astal Erosion Permit Application ~Wetland Permit Application _ Administrative Permit Amendment/Transfer/Extension ->ceived Application~ ~ceived Fee:$::l.'::.\) .......-completedApplication~ _Incomplete _SEQRA Classification: Type '_Type II_Unlisted_ _Coordination:(date sent) ---=:::tWRP Consistency Assessment Form llll::i>/ ~ ~C Referral sent~~ _--Bate ofInspection: _Receipt ofCAC Report: _Lead Agency Determination:_ Technical Review: f'iibIic Hearing He~'1 _Resolution: ~;[:~~ ~-- III /' r II i .; I --- ..-....-.--T-;.--.---l l~ c IIOV - 1 7207 L____ Name of Applicant Birch Hills Property Owners Association, Inc. Address c/o Lark & Folts, Esqs., 28785 Main Road, P.O. Box 973, Cutcho!';ue, New York 11935 Phone Number:~31) 734-6807 Suffolk County Tax Map Number: 1000 _ 083.00-01.00-004.000 Property Location: 355 Glen Court, Cutchogue, New York 11935 N.Y. Telephone Pole #4, approximately 100 feet east of Birch Lane (provide LILCO Pole #, distance to cross streets, and location) AGENT: Lark & Folts, Esqs. (If applicable) Address: 28785 Main Road, P.O. Box 973, Cutcho!';ue, New York 11935 Phone: (631) 734-6807 ., . Board of Trustees APP1~tion GENERAL DATA Land Area (in square feet): 43,160 sq. ft. (one acre) Area Zoning: R-40 Park & Playground and access to beach and Long Island Sound Previous use of property: for 16 lots on "Map of Birch Hills" Intended use of property: Same Covenants and Restrictions: x Yes - If "Yes", please provide copy. No Prior permits/approvals for site improvements: Agency Date Board of Town Trustees Town of Southold June 24, 1999 _ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? ~No_ Yes If yes, provide explanation: N/ A Project Description (use attachments if necessary): to obtain maintenance and repair permits for pre-existing stairs and deck (circa 1967) and bluff and safety fence on top of bluff (circa 2007). See attached portion of map of 'Park and Playground" by Van Tuyl dated July 14, 1992; Photographs of fence and deck; Copy of '~ap of Birch Hills"; and Copy of tax map dated 11-17-06. " .. " \' \ ~ Board of Trustees APP1~ion WETLANDITRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: to maintain and repair stairs to beach and observation deck from deterioration and erosion; to allow and maintain a safety fence at top of bluff; and to provide for stability and eros~on control ot portion ot bluff. Area of wetlands on lot: o square feet Percent coverage of lot: o % Closest distance between nearest existing structure and upland edge of wetlands: 0 feet Closest distance between nearest proposed structure and upland edge of wetlands: None feet Does the project involve excavation or filling? x No Yes If yes, how much material will be excavated? 0 cubic yards How much material will be filled? o cubic yards Depth of which material will be removed or deposited: o feet Proposed slope throughout the area of operations: 20 to 50 feet Manner in which material will be removed or deposited: 0 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): None . . Board of Trustees APP1~tion COASTAL EROSION APPLICATION DATA Purposes of proposed activity: to repair, maintain and stabilize the stairs and ob~vation deck; to prevent soil from eroding stairs and deck supports; to provide and maintain a safety fence at top of the bluff. Are wetlands present within 100 feet of the proposed activity? x 1'10 Yes Trustees have jurisdiction because deck, stairs and fence are within 100 feet of land subject to tidal action. Does the project involve excavation or filling? (~275-3 c. (4) and (5) x 1'10 Yes If Yes, how much material will be excavated? o (cubic yards) How much material will be filled? o (cubic yards) Manner in which material will be removed or deposited: N / A Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) None . . ''jH II: IE n I: ~ ~,DE~ ), I ~_.- loutflf1old Town liJard of Trustees LARK & FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE, NEW YORK 1I935 Tele. No. (631) 734-6807 Fax No. (631) 734-5651 RICHARD F. LARK MARY LOU FOLTS December 6, 2007 Ms. Lauren Standish Southold Town Board of Town Trustees 53095 Route 25 P.O. Box 1179 Southold, NY 11971 RE: Birch Hills Property Owners Association, Inc. (SCTM #1000-083.00-01.00-004.000) Dear Lauren: In connection with the above-captioned matter, I am enclosing the Affidavit of Posting and the Notice to Adjacent Property Owner. Very truly yours, -7 /' - - - " ,~/--~<(/ ./ /1./ J'Hchard F. Lark RFL/bd Enclosures . . James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, II. 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 BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter ofthe Application of --~c~--Ht.JlILP.acpgJJtlf11.n(lliO.JWx:t . dry . COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDA VII OF POSTING I RICHARD F. LARK , , residing at 550 Birch Lane, Cutchogue, New York 11935 being duly sworn, depose and say: That on the24tltlay of November, 2007, I personally posted the property known as "Park & Playground", 355 Glen Court, Cutchogue, New York (SCTM #1000-83-1-4) by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held b 1a1) lO,l'. / 1h ~ 01 0 . ~:(J) f'1f) , Dated: December 6, 2007 1"7 . . / / k::/ /O~/i / (signat e) Richard F. Sworn to before me this 6th day of Dec. 200 7 BAIlBARA OIACHUN NofaJy PllbIc. Slate of New YOIIe No 010l4635190. &lffol< COlIlty Commission Expires Oct. 31,4OIl~O 10 ~ ~ D~C ~ : :7 ~ ~ r51.L ~ Notary Public Southhold Town Board of Trustees . . " NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: Birch Hills Property Owners Association, Inc. SCTM# 1000-083.00-01. 00-004.000 YOU ARE HEREBY GIVEN NOTICE: I, That it is the intention of the undersigned to request a Permit from the Board of Trustees to: repair, maintain and stablize the stairs and observation deck to prevent the soil from eroding stairs and deck supports; to provide safety fence at top of bluff. 2, That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: Park & Playground, "Map of Birch Hills", 355 Glen Court, Cutchogue, New York 11935. 3. That the project which is subject to Environmental Review under Chapters 32, 37, and/or 97 of the Town Code is open to public comment on: December 12, 2007 . 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 South old and does not reference any other agency that might have to review same proposal. OWNERS NAME: Birch Hills Property Owners Association, rnc. MAILING ADDRESS: c/o Lark & Folts, Esqs. , P.O. Box 973, Cutchogue, NY 11935 PHONE #: 631-734-6807 Ene: Copy of sketch or plan showing proposal for your convenience. . . ., PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: Marcus R. Bryan Revocable Trust Joanne M. Bryan Revocable Trust 255 Glen Court Cutchogue, NY 11935 Richard F. & Patricia Lark RFL Properties P.O. Box 973 Cutchogue, NY 11935 Howard & Judith Ziment 7809 Entrada DeLuz E. San Diego, CA 92127 STATE OF NEW YORK COUNTY OF SUFFOLK BARBARA DIACHUN , residing at 875 School House Road. Cutchoj,me, New York 11935 , being duly sworn, deposes and says that on the 29th day of November ,20 07, deponent mailed a true copy of the Notice set forth-in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite 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 South old; that said Notices were mailed at the United States Post Office at Cutchogue, New York, that said Notices were mailed to each of said persons by (certified) (.,,~..t<;.~mail. 6?.."~r71M IkL, Barbara Diachun Sworn to before me this 6th Day of December , 20 ~ a~# .,/ . /~. '(, L P Notary Public RICHARD F.LARK NotaIy Public, StaIB of New YOlk No. 02lA7432500. SuffoIc Counf)' Commi,,'oo F.mlrns Aug. 31~D/ 0 ~ ~ D~C ~ : :TI ~ ~ Southhold Town Board of Trustees . . ATTACHMENT TO NOTICE TO ADJACENT PROPERTY OWNER BIRCH HILLS PROPERTY OWNERS ASSOCIATION, INC. SCTM #1000-083.00-01.00-004.000 . . LARK & FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE, NEW YORK 11935 Tele. No. (631) 734-6807 Fax No. (631) 734-5651 RICHARD F. LARK MARY LOU FOLTS December 11, 2007 Ms. Lauren Standish Southold Town Board 53095 Route 25 P.O. Box 1179 Southold, NY 11971 of Town Trustees RE: Birch Hills Property Owners Association, Inc. (SCTM #1000-083.00-01.00-004.000) Dear Lauren: In connection with the above-captioned matter, I am enclosing the remaining green signature card from the certified mailings. Very truly yours, ) . tJ / /!. / ~/ I ;1 .' !kt:~-'" .. / / ~ -Richard F. Lark RFL/bd Enclosure . . ATTACHMENT TO NOTICE TO ADJACENT PROPERTY OWNER BIRCH HILLS PROPERTY OWNERS ASSOCIATION, INC. SCTM #1000-083.00-01.00-004.000 - -:,!f,',""l" .' . -,--_,_- vvhfL i? .' -""-- '" . ~ 15 J;:- Ii C ~I -----..- I I I l5rlHI?$ ~ I r;lf\" 1 1-- I I--/oj '---I IV / f Ii "3 ( l?J::m..~ .._"11_. I) yPrI~I/I~ I( f{lSrl :7 'I {1P.t 'f, ,/ ,"'a. '.(: '3'/' R/ii/. ,,~(, 'f \ .\,0, \ 't>;] '" .~ I ~ '""- tJ ( " .., ;TEF"- ~ - ) .' "'"' '" '<- o 'l:[ I .'-'1' ..., '", I s: l> I ~ :'III 6 "".. c:. -'~ /' .'" 'II ....r" ." -, ) ~ i ~s.. . i ~~ , 0.... \ ..... +:::-.., II 1v f'.tJiC PLc";:"'p /'\.. ~ ~ J'/!:: '-"'~ , } 1 II 1,; P . F- 1 5 nil""'" 1 '...FIY,:'''' /"'--~~ 7:' ....--" ,/~ ,F___--- t -..-............-.-'...-.-,,- . -~I/i? c- . ~"j - - -- --- 7"/:' ~... If'- .J '~ - ~ Gllv""vll ;..,...,-~ , " 1/,-.'1'1.. / t . '/ ' ~ --; , t--~_fClvCE /1 5'-0' 0, w ,) li,' ;'r;~~c -1 f , '----. .-6. . . ""''''A- .' /\ c~, ; '-'-, ,(i .s-..._ Ar- t t;I?O(,;~'I) - I f'U' " ~(}\." ~~f'l:;"I(1\ 1.-'npO (I( j! I~II-+ ./ / ~TlI' '___ / _.- _//~~... 1---~ ., I I! Ii ,ur-- ' ,./....,,/-.;f, <, ' /' i.,~~:,,~);:. ~---. '1 ;t.--_.~.,./ // ./ .~...~~i:: .~,:;;::<~~;;"~ ~ 1'1'0$" - \..3:.1...__ ./~ "!".,~'I->L~--;:.::::.:.._( ;.1' ...,".--.,..',..- ,of' ) ~"':i'sr'~' .'/ !..-ll"P.\7~ 'll',~r I \. : .,.r , It/I <, ,'J 'f I ) ./I.,... '7 ,I 'I f./ wll,t'l. t ~ 711.,trf> i', ! 3 11?,4 It IIv~ .s-'-; /i ! /.' S ISlA"! J51t? c.l1 N' /-L ~ ;->~l, F'll/'T 'i 0 o\.' I_I'll S )j(';, NI r/(t;7ch :::> '--- . or OJ c /-( .J ~ 1/J / P < ~ ' " " i . . Board of Trustees Application County of Suffolk State of New York BARBARA RIPEL, Vice President of Birch Hills Property Owners Association, rnc. BEING DULY SWORN DEPOSES AND AFFIRMS THAT IlIE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF tml/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES, THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED, IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION, ~s~tk/kb Barbara Ripel, Vice President 20 07 '- SWORN TO BEFORE ME THIS 30th DAY OF Dc tober ~~ Notary Public BARBARA D1ACHUN ~ PublIc. SIaIo 01 New YOlk No 01DI4835190. SutIoI< COIIIlV CommIssion ExpIres Oct. 31,!lIO'201 0 ... Board of Trustees APp~tion AUTHORIZATION (where the applicant is not the owner) ..~ Barbara Ripel, Vice President of Birch Hills Property I, Owners Association, Inc. residing at 295 Vista Place (print owner of property) (mailing address) Richard F. Lark, Esq. of do hereby authorize Lark & Folts, Esqs. Cutchogue, NY 11935 (Agent) to apply for permit(s) from the Southold Board of Town Trustees on my< behalf. of Birch Hills Property Owners Association, Inc. ~~-~;~\:~: iT- 1;_-" li-\~,,7i I' :! ! I Il:J \I~:) L ~-, ! " \ " ': ./ r (1,-.<, /,' ' I. , I I~ :.- .1 [c, " 'I I I NOV i I i L L__.w>^_ .r c! ~ ..... ----_."___i 8 "". PROJECT 10 NUMBER . 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only (To be completed by Applicant or Project Sponsor) SEQR !- PART 1 . PROJECT INFORMATION 1. APPLICANT I SPONSOR Birch Hills Property Owners Association, Inc. 2. PROJECT NAME Park and Playground 3.PROJECT LOCATION: 355 Glen Court Municipality Cutchogue County Suffolk 4. PRECISE LOCATION: Street Addess and Road Intersections, Prominent landmarks ate - or provide map 355 Glen Court, Cutchogue, New York 11935 (SCTM #1000-083.00-01.00-004.000) Approximately 100 feet from Birch Lane. 5. IS PROPOSED ACTION: [i] New D Expansion D Modification / alteration 6. DESCRIBE PROJECT BRIEFLY: To provide a maintenance permit to allow repairs and normal maintenance of the stairs and observation deck to keep it structually safe. The stairs and deck have existed in this place since 1967. Over the years they have been replaced and maintained primarily by volunteer work by members of your applicant's association. Due to erosion to the toe of the bluff along the beach area, a timber retaining wall was installed in 1999 - 2000 which considerably helped to stabilize the toe of the bluff to allow the growth of plantings to prevent further erosion and assist in stabilizing the bluff. In 2007 a three foot vinyl picket fence was installed for safety purposes only to prevent people from walking near the edge of the bluff and to prevent any injuries by the caving in of the toe of the bluff. 7. AMOUNT OF LAND AFFECTED: Initially 1 acres Ultimately 1 acres 6. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? DYes lXJ No If no, describe briefly: unless a permit is obtained. 9. WHAT IS PRESENT LAND USE IN VICINITY [!] Residential D Industrial D Commercial OF PROJECT? (Choose as many as apply.) DAgriculture [!] Park I Forest I Open Space D Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, Stale or Local) DYes [i] No If yes, list agency name and permit I approval: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? I!JYes DNO (gci~~ 1~~~9:~lreaa't'ei"~t~Tit I approval: Permit for timber bulkhead dated June 24, 1999~ Veck ana' stairs precede any requirement for a permit. No permit for fence. 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT I APPROVAL REQUIRE MODIFICATION? []ves No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant By Signature Inc. Date: 10/30/07 Barbara Ripel, ce resident If the action is a Costal Area. and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment ~ "" I . . PART II. IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? tfyes, coordinate the review process and use the FULL EAF. DYes DNa B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. DYes DNa c. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: I I C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: I I C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: I I C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: I I C5. Growth, subsequent development. or related activities likely to be induced by the proposed action? Explain briefly: I ....--. I CG. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly: I I C7. Other imoacts (includina chances in use of either cuantitv or tvoe of enerav? Exolain brieflv: I I D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? (If yes, explain briefly: 1 DYes 0 Na I E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If yes explain: DYes DNa I I PART III. DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (Le. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes, the determination ofsigniflcance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA, Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FUL EAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed actio WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting thi determination. Name of Lead Agency Date Pnnt or Type Name of Responsible OffIcer In Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) .... Board Of Southold Town Trustees SOUTHOLD. NEW YORK PERMIT NO, SOl ~ DATE:. J..une 24. 1999 BIRCH HILLS PROPERTY OWNER's ASSOC. ISSUED TO ..._, ...... -. .....-.... .... . .. . .... 1\ut1lnrti!ntion Pursuant to the provisions of Chapter 615 of the Lows of the State of New Yo",. 1893: end Chapter 404 of the Lows of the Stete of New York 1952; end the Southold Town Ordinenee en. titled "REeULATIN6 AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PU8UC LANDS end the REMOVAL OF SAND. GRAVEL OR OrnER MATERIALS FROM LANDS UNDER TOWN WATERS;'~. end in e<:<:ordenc;e with the Resolution of The Board adopted at e meeting held on ...:r.!'!.(l.~, 2~..... 19 9~, end In <:onsideretion of the sum of $ .~O.~...OO peld by En-Consultants, Inc. for BIRCH HILLS PROP. OWNER's . ..... ,.........-..-..... .................-... of ...... ?CI~.~~~!'!I'~.?n. . . N. Y. and subject to the Terms end Conditions listed on the reverse .Id. hereof, of Southold Town Trustees author/D' end permits the foHowing: Wetl~,,:d & Coastal Erosion Permit to construct a 107' timber r.et,,;mmg wall, Eastern end of the proposed retaining wall wlll t,e Into the landward tel'minus of the return of the adjacent retllinlng wall. Backfill with a(:!pl,;ol<. 100 c. y. of clean si'ld t~ b .11 in .ccord.nc:e with the detailed specificetions .. prel8iiteCl n the originating applleation. trucked in from an upland source and replant as necessa.ry. . IN WITNESS WHEREOF, The said Board of Trust.., he.... by cause. 1h Corpora" 5eal to b. lIffi.ed, .nd th_ JII'lIHfth to be subsc:riMd by . rnejority of the .4Itel Board .s of this da". ~;Jfi 10;/1 tc, r'" . ..t.I..... / . .. nn / ..~.. ~JT...v'" . :ty- r;..."f!!:dX......-.--.... .' '. . . Town of South old L WRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS I. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of South old Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. * Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the L WRP policy standards and conditions contained in the consistency review law. Thus. each answer must be eXDlained in detail. listin2 both sUDDortin2 and non- sUDDortin2 facts. If an action cannot be certified as consistent with the L WRP policy standards and conditions, it shall not be undertaken. A copy of the L WRP is available in the following places: online at the Town of Southold ' s website (southoldtown.northfork.net), the Board ofTruSWC3"O.flic~~~ent, all local libraries and the Town Clerk's office. II iJ j ~b I; ~~.. [I \:; J:J ,'\',1. 1",<,\ . DESCRIPTION OF SITE AND PROPOSED ACTION : I '; , !J NOV - 1 2007 B. SCTM# 1000 - 83 1 - 4 I L_n .. ____J "J"j!'['~-Io"". ~' "',,,,,,JI,, "',; IIm'- 'r " C'L~dl! !l4\ldesPlay ro d PROJECT NAME Birch Hills Property Owners Associati The Application has been submitted to (check appropriate response): Town Board D Planning Board D Building Dept. D Board of Trustees [!] l. Category of Town of South old agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) D D (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: o Nature and extent of action: Maintenance Permit to allow for maintenance of existing structures of the stairs and deck and continue planting to protect the bluff area. . . Location of action: 355 Glen Court, Cutchogue, New York Site acreage: 1.00 acre Present land use: residential Present zoning classification: R-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Birch Hills Property Owners Association, Inc. (b) Mailingaddress: c/o Lark & Folts, Esqs., P.O. Box 973, Cutchogue, NY 11935 (c) Telephone number: Area Code ( ) 631-734-6807 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes 0 Noli] 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 vpen space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See L WRP Section 111- Policies; Page 2 for evaluation criteria. Ii] Yes 0 No 0 Not Applicable Your applicant's property is designated "Park and Playground" for a 16 lot residential subdivision known as "Birch Hills" of which 12 lots are presently occupied by homes. The upland portion of the "Park and Playground" has since 1967 served the Birch Hills residents as a recreational area for the children as well as passive recreational and social gatherings on thedeck especially at sunset. It has also served as access via stairs (Continued on additional sheet) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See L WRP Section 111- Policies Pages 3 through 6 for evaluation criteria DYes 0 No [] Not Applicable . . Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See L WRP Section III - Policies Pages 6 through 7 for evaluation criteria Ii] Yes 0 No 0 Not Applicable Over the last 35 years your applicant has been able to slow down and control the erosion problem on the bluff area and eliminate the water flooding on the upland portion of the "Park and Playground". Various flowering plants have been planted on this upland portion to enhance its visual quality for the use and benefit of the residents of the Birch Hills subdivision. The observation deck needs to be maintained so the residents can enjoy the spectacular view of Long Island Sound especially at sunset. 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 [i] Yes 0 No 0 Not Applicable When the subdivision was approved by the Planning Board in 1967, there was virtually no vegetation on the bluff portion of the "Park and Playground". It was unfortunate the developer did not provide properly for the street water drainage for the subdivision. As a result the upland portion of the "Park and Playground" was continually flooding. (Continued on additional sheet) Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria DYes 0 No [BNotAPplicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See L WRP Section III - Policies; Pages 22 through 32 for evaluation criteria. o o w . , Yes No x NO_Plicable . 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. DYes 0 No~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See L WRP Section III - Policies; Pages 34 through 38 for evaluation criteria. DYes 0 No GJ 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. DYeD No [i] Not Applicable Attach additional sheets if necessary . I ~ORKING COAST POLAs . Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See L WRP Section III - Policies; Pages 47 through 56 for evaluation criteria. DYes D No I!J Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See L WRP Section III - Policies; Pages 57 through 62 for evaluation criteria. DYes D No [i] Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See L WRP Section III - Policies; Pages 62 through 65 for evaluation criteria. DYes D No!!] Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See L WRP Section III - Policies; Pages 65 through 68 for evaluation criteria. DYes D No [] Not Applicable PREPARED BY Barbara Ripel TITLE Vice President DATE 10/30/07 . . LWRP CONSISTENCY ASSESSMENT FORM Project Name: Birch Hills Property Owners Association Inc. "Park and Playground" (SCTM #1000-83-1-4) Policy 1. (Continued) to the lower "Park and Playground" (beach area) which is used by residents for swimming, fishing and sunbathing. It is intended by your applicant to continue the use of the "Park and Playground" as passive recreation for the use and enjoyment of the lot owners. Policy 4. (Continued) The hydraulic pressure of the water sitting on the low portions of the upland portion of the "Park and Playground" created frequent blowouts along the bluff area which resulted in the loss of large chunks of the bluff area and the stairs leading to the beach and the observation deck. In the mid 1970's hundreds of yards of soil were trucked in to fill the voids. Before the stairs and the deck were rebuilt with volunteer work of the members of the applicant's association in the early 1980's, 50i feet deep holes were dug in the low portion of the property and filled with clean sand which allowed the street water to percolate into the ground. The results were spectacular in that it generally stabilized the bluff area from suffering from continuous blowouts from hydraulic pressure where tremendous amounts of soil were washed down to the beach. This has not occurred for the last 30 years. In the late 1970's and early 1980's the stairs to the beach were completely rebuilt and the observation deck was reduced to half its size. It has basically withstood the test of time to this date. Terracing and planting vegetation on the bluff area has generally stabilized it except for a few small portions. All of the shoreline properties 300 feet to the west and 800 feet to the east are bulkheaded. The toe of your applicant's property continued to washout during storms due to wave action. The way the adjacent bulkheads were built, the water was being funneled into the exposed toe of your applicant's property especially at the foot of the stairs. As a result in 1999 - 2000, a 107 foot length timber retaining wall was placed on the toe of the bluff on your applicant's property and was connected to the adjacent retaining walls. The landward side of the retaining wall was filled with clean sand and beach grass was planted which proved to be successful in preventing further erosion at the toe of the bluff. After the planting of the beach . . grass other indigenous plants were planted last year which have taken root and have eliminated much of the erosion on the bluff. The work of terracing and plantings have been done on a yearly basis by the property owners. Additional native plants have been ordered from the Department of Environmental Conservation to be used next Spring to fill in the voids at the westerly portions along the middle and upper bluff area. For the last four years association members have been stabilizing the deck and stairs by driving two inch black iron pipes to a solid foundation and then fastening the pipes to the wooded supports. This was started at the observation deck and has been commencing down the stairs, but it is a slow and arduous process. The results seem to have stabilized the deck and the stairs. For some unknown reason in the past year, individuals, including fishermen who park on the adjacent public street and children from adjacent neighborhoods, have been coming on your applicant's property to get to the beach and walk on the top of the bluff. In fact some of the children were riding their bicycles right on the edge of the bluff. This portion of the bluff is still not stabilized in some areas and the result caused large chunks of the bluff to cave in causing a tremendous danger. For safety reasons only, your applicant reluctantly installed a three foot vinyl picket fence to prevent people from walking to the edge of the bluff and someone getting hurt. The fence itself is very light and is portable and although anchored to the deck railing, it is supported by half inch pipes being placed into the ground to prevent it from being blown over in the winter time. To date this effort has been successful in eliminating people from walking along the edge of the bluff and has reduced the number of trespassers using the "Park and Playground". Your applicant intends to plant flowers to break up the effect of the fence and create an attractive area for the residents to enjoy. Next Spring indigenous plants are going to be planted along the top of the bluff. . . APPLICANT/AGENTnREPRESENTATlVE TRANSACTIONAL DISCLOSURE FORM The Town of SouthoJd's Code of Ethics nrohibits conflicts of interest on the Dart of town officers and emolovees. The Dumose of this fonn is to nrovide information which can alert the town of oossible conflict'i of interest and allow it to take whatever action is neces..lW"V to avoi~. ARA RIPEL, Vice President of YOUR NAME: Birch Hills Property Owners Association, Inc. (Last name, first name, 'Piddle initial, unless you are 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.) Tax grievance Variance Change of Zone Approval of plat Exemption from plat or official map Other (If "Other", name the activity.) Building Trustee Coastal Erosion Mooring Planning x Do you personally (or through your company. spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by1))ood, IIlarriage, or bus'iness interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO x If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of South old Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, paren~ "rchild is (check all that apply): _A) the owner of greater than 5% of the shares of the corporate stock of the appliclUlt (when the applicant is a corporation); _B) the legal or beneficial own\?r of any interest in a non-corporate entity (when the applicant is not a corporation); _C) an officer, director. partner, or employee of the applicant; or _D) the actual applicant. DESCRIPTION OF RELATIONSHIP S~bmitled~30th d~~ J7/9~ SIgnature ,.N<", . ~ Print Name Barbara Ripe , V ce President ( Form TS I . . LARK & FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE, NEW YORK 11935 Tele. No. (631) 734-6807 Fax No. (631) 734-5651 RICHARD F. LARK MARY LOU FOLTS October 31, 2007 - ------, southold Town Board 53095 Route 25 P.O. Box 1179 Southold, NY 11971 of Town Trustees IT-,--.-:,,-: .!,-" r, ':', \': " J,--- - i,' -- \ ~ , , hG\' , - , RE: \ Birch Hills Property Owners ~ss~~-~aiio!li';:_'_ Inc. (SCTM #1000-083.00-01. 0(}=O-o-4:-000) ;~",__.___._J Gentlemen: In connection with the above-captioned matter, I am enclosing the following: 1. Board of Trustees Application with attached sketch and photos. 2. Authorization. 3. Short Environmental Assessment Form. 4. LWRP Consistency Assessment Form. 5. Applicant Transactional Disclosure Form. 6. Check No. 518 of Birch Hills Property Owners Association, Inc. to the Town of Southold in the amount of $250.00. If you need any other information, do not hesitate to contact me. Kindly let me know the date and time of the hearing as soon as it is scheduled. Very truly yours, U/- .,/ /j;' , ---;/j , '---7?~ &,' ,r/- , v lchard F. Lark RFL/bd Enclosures ,/ /" " .. ( "'", I 'r '." .~ (""\ . '.~\;l.~., .' :.../ ", -- \ "..'_"l~ ,~ , ) 1 '* 7. ~ ..-'" . . 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NlEHDING DECL1\R.'\TIOll 01' CO'IENl"N'rS 1\HD RESTr.ICTIONS 07 Novembe= 11, 1979 /.' \'Ie, the undersigned. being owners of real property ,at Cutchogue, Ii f5\ IE ~ ~~"~I:I Squthold, Suffolk County, New York, bounded and desl:ribed j!r' as follows: : [: .:r; NO - 1 ~o,; I I ~ 'ALL tha~ certain plot, piece or parcel of land situate, ~.... '. .. lying and: being in the Town of Southold, County of Suf:(:olk, 1-1...... '. S t;CI'. ,.an. a. state' of New, York, ,known and desi';J'nated as ~nd by lot I ............',: .", ''.:1'lumber 1 r:o 16, ~nclus~ve, on a certa~n map ent~tled ~'14ap of B1rch Hills at Cutchogue, Town of Southold, Suffolk 11 County, New York""and filed in the office of the Clerk of 'J. the County .of.suffolk on July 19, 1967 as Map No. 4908. : S {-)' I ,-'1 '. -Q, i ' , 0: , - ..." ,. ()! ,'. ,.,._~ ,:,' 0' ~i , I ;. ....., . ~, , ~. ..-: ...I.:'r.::>'" i ! ~5'i"~i o _--.. ~/! ,,! : ' 45' a Q ; , .11\ , ~. t .... ; <)' I. ' '0 .' '. o ~: " " . ,-. .:~/ ..- The premises are referred to on the Suffolk County Tax Map as District ~OOO, Section 083, Block 1, Lots 1, 2, 3 4,5,20,21,22,23,24,25,,26,27,28,29,30,31- . hereinafter referred to as the "Map of Birch Hills" for the purpose f maintaining fair and adequate property values of the property on the "Map of Birch Hills" and of continuing the "Nap Birch Hills" as a desirable residential part of Cutchogue, Town Southold, Suffolk County, New York, in consideration of our interest as' owners of real property on said "Map of Birch Hills" hereby covenant and agree with one another that each of us, hisheirs';'-executors ," administrators or assigns, will be bound by the following covenants and restrictions: 1. No lot shall be improved by or have placed or maintained thereon any structure other than a single family dwelling with a detached private garage or an accessory/storage building. A two story dwelling shall contain finished habitable living space of not { less than 1600 square feet above grade, and a one . story dwelling shall. contain finished habitable l~ving space of not less than 1300 square feet above grade.' No structure shall be erected on any lot until the building plans as to location on the lot, the outward appearance, elevations, and design have been approved in writing by the Birch Hills property Owners Associa- tion, Inc. 2. No asbestos siding shall be used in the construc- tion of any dwelling on any lot. .', 3. There shall not be placed or maintained on any lot, except with the approval of the Birch lIills Pro- perty Owners Association, Inc., (a) any wall, (b) any fence other than a split-rail fence, (c) any sign other than an ornamental name and house number sign and one professional sign measuring not more than one square foot. ' ~ \") ~ "i 4. NO lot shall be used or maintained as a dump-ing ground for rubbish. Trash, garbage and other waste shall be kept in sanitary containers. "1- \ / . --- ., '-'" ..Of" <II '. ," ~ II mt 80lln. NO fl[). llBER 0tJUP!,,~ U;:} 5. No noxious or offensive activity shall be carried on or upon any lot which may become an annoyance or nuisance to the neighborhood. 6. No well or other individual water supply system or any individual sewage disposal system shall be permitted on any lot unless approved as to design, location and construction by the Suffolk County Department of Health or such other State, County, Town or village authority having jurisdiction over public health. 7. All owners'of lots, their guests and invitees, are hereby granted an easement for the purpose of ingress and egress, i~ common with others, at their own risk, over the roads shqWn~'on ':l,O,aid map. All owners of lots are hereby , granted the right to ,use (pursuant to reasonable regula- tions from time to time promulgated by the Birch Hills Property Owners Association), in common with others, at their own risk, the park and playground areas shown on said map. 8. The Birch Hills Property Owners Association, Inc. owns a fee title to the bed of the streets and the park and playground all as shown on the "~1ap of Birch Hills" by virtue of a deed dated April 21, 1970 and recorded in the Suffolk County Clerk's Office on May 7, 1970, in Liber 6739, 'page 405. The Birch Hills Property Owners Associa- tion, Inc., its successors and assigns, shall be responsible for the upkeep and maintenance of the park, playground area, and roads, including snowplowing. Each lot on the filed map shall be subject to an annual charge in an amount to be fixed by a majority of owners of the lots at an annual meeting of the Birch Hills property Owners Association, Inc., not exceeding in anyone calendar year the sum of $100.00 'per 'lot-, ,'- special assessments may be levied on any improved lot by a two-thirds (2/3) vote of the lot owners in order to defer the cost of any extraordinary repairs for the up- keep or maintenance of the roads, park and playgroun9' 9. An easement along the roads on said map and over any, other area necessary is hereby expressly reserved for the' erection and maintenance of poles and wires and conduits and of all proper and necessary attachments for electric power and telephone service and for the construction and maintenance of any utility easements; provided, however, that said easements shall be over areas designated by muni- cipal or public utility authorities. , j I 10. Enforcement of these covenants shall be by proceeding at law or in equity. Invalidation of any provision herein shall have no effect upon any other provision herein. J 11. These covenants and restrictions shall run with the land hereby and shall bind and inure to the benefit of said parties hereto, their heirs, administrators, and assigns, to October 30, 2005, after which time they shall be auto- matically extended for successive periods of ten (10) years unless an instrument signed by the then owners of a majority of all of the lots agree to change such covenants and restric- tions in whole or in part shall have been recorded. 12. The Declaration of Covenants and Restrictions dated July 26, 1967 and recorded in the Suffolk County Clerk's' Office on-July 31,1967 in Liber 6~9~ page 197, the:Amend- ment to Declaration of Covenants ~d Restrictions dated --/1 -2-- /' - , , .' .~./,:' ~ , . ", ,\ . ':l/CI:, , . .,'. i;"i.i.:..:. .'". . ..., ,', . . ',,I" ~ ~ \ ::'. 'I~. .' .,1 ':.) " ,,' /I NJ~8~GE U9 September 7, 1967 and recorded in the Suffolk County Clerk's Office on December 20, 1967 in Liber 6276, '?age 56, and the Amendment to Declaration of Covenants and Restrictions dated January 13, 1969 and recorded in the Suffolk County Clerk's Office on January 21, 1969 in Liber 6493, page 27, are hereby amended and superseded. Any deed, lease, conveyance, or contract ~ade in violation of this ,agreement shall be void and may be set aside on petition of one or more of the parties hereto, and all successors in interest, heirs, executors, administrators, or assigns, shall be deemed par- ties with the same effect as the original signers; and when such conveyance or other instrument is set aside by decree of a court of competent jurisdiction, all costs and all expenses of such pro- ceedings shall be t~xed against the offending party or parties, an shall be declared by the court to constitute a lien against the real estate so wrongfully deeded, sold, leased, or conveyed, until paid, and such lien may be enforced in such manner as the court may order. This agreement constitutes a mutual covenant running with the land and all successive future 'o~mers shall have the same right to invoke' arid enforce its provisions as the original signers hereof. This agreement shall take effect and be in full force when executed by twelve of the lot O\~ners on the "Hap of Birch lIills" I , and may be placed on the record. Any other lots on the "nap of j Birch Hills" may be brought under this agreement subsequently by, the execution of a suitable instrument by the owners of such lots which shall bring them under all obligations and entitle them to all the privileges of the original signers, hereof. . ...~..., '\ Dirch Uills Property ~~ners Association,Inc.Park, Playgrounds Birch Lane and Roads ,C;:utchogue, ,NY 11935 IN WITNI::SS NIIEREOF, the parties have ex // (,v..... .... /' (A Y----'\ / t// 0/1 tv?~V4 ,~ l I ! , " Leonard Jensen S~ndre Haugsten 2 B 1600 Fredrikstad Norway Lot No. 12 ~ " -3" /' LARK & FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE, NEW YORK 11935 Tele. No. (631) 734-6807 Fax No. (631) 734-5651 RICHARD F. LARK MARY LOU FOLTS November 7, 2007 Ms. Lauren Standish Southold Town Board of Town Trustees 53095 Route 25 P.O. Box 1179 Southold, NY 11971 RE: Birch Hills Property Owners Association, Inc. (SCTM #1000-083.00-01.00-004.000) Dear Lauren: Enclosed is a sketch of the stairs and deck. If you need more details, let me know. VzZtl:~ ~~ Richard F. Lark RFL/bd Enclosure 1fB) IE (G lE B WI Ie ,/R) !Ill NOV - 8 1JJJ7 ~ Southttold To.. Boa'" of Trus,", - '~;,":); :," '-..--' ." t'v F;, n (( IV .., 'IJTEF-I. p~ .--------~ 15 tee Ii c ~l ---- ..-.- . I I I I l5TIHI?$ fl; I [jtf".' I 1- I 1--/1'-<>.1 21,. E..:---1 i .",~~ ), -_ II C. f;1I~llIl ;",' ( 11. fe' I r I L 'I ~1JiF~ .__ 1.,1 ,"1.- -- '. '" i;.;t '1f:\i 'J'.i 1 R IJ ! t 1,'.(, ~ ,till "t1J, \ t ) , ..... .., ( , I) '3 ( II!>'""'; tr, ~ r .'1: i /. -\.. o ~ c.:> 'v, " ~ ~r:- ; .~,~ .I , ,,-,, .... ''1, i ?: 11> i _~ '"'" I I . I " I 1 , 1'; per-. 1 S I1MII.II/,' 1 I ~~~FI.",r::f" . --,~ --.- I ,-------;./ _. ,. 1 . , ({! 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