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HomeMy WebLinkAboutTR-6852 • ~ 1319 North Sea Road Southampton, New York 11968 631-283360 E N-CONSULTANTS Fax: 631-283-6136 www.enconsultants. com ENVIRONMENTAL CONSULTING Mazch 20, 2012 - _ ; Lauren Standish Boazd of Trustees Town of Southold P,;;~i ~ 2C12 P.O. Box 1179 Southold, NY 11971 Re: Susan Ru¢eiero. Wetlands Permit No. 7673 Deaz Ms. Standish: In satisfaction of Tenn and Condition #8 of the captioned permit, the required Declazation of Covenant was recorded in the Office of the Suffolk County Clerk on March 19, 2012. A copy of the recorded document is enclosed for your files. Respe fully yours, im tephens Enclosure cc: Susan Ruggiero ' CC # : C12-11240 • r ! ; COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK 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 on 03/1912012 under Liber D00012687 and Page 976 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 03/19/2012 SUFFOLK C/O)UNT///Y~ CLERK ~u. drr.C ~iL. /-~Cl.ocap JUDITH A. PASCALE SEAL ~ • I IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII IIII IIII 111111 VIII (IIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 03/19/2012 Number of Pages: 4 At: 09:24:33 AM Receipt Number 12-0031658 LIBER: D00012687 PAGE: 976 District: Section: Block: Lot: 1000 063.00 07.00 029.001 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $20.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP-584 $0.00 NO Notation $0.00 NO Cert.Copies $5.00 NO RPT $30.00 NO Fees Paid $95.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County Number of pages ~i~, ~lrrcurnent will he pubfic ~xd_ h~lr~~ase remove all _ - ~i ~;f. .Wily Numbers I~rrr)r to r~,cording. Deed /Mortgage Instrument Deed /Mortgage Tax Stamp Recording /Filing Stamps 3 FEES Page /Filing Fee t, J ~ Mortgage Amt. ~ ~ 1. Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation Spec./ASSit. 7r or EA-52 17 (County) Sub Total U Spec. /Add. _ EA-5217 (State) TOT. MTG. TAX R.P.T.S.A. ~ Dual Town Dual County Held for Appointment Comm. of Ed. S. 00 ~ ; ~ Transfer Tax Affidavit Mansion Tax Certified Copy( ~ The property covered by this mortgage is or will be improved by a one or two NYSSurcharge 15. 00 family dwelling only. Sub Total YES or NO Other C Grand Total ~ If N0, see appropriate tax clause on % page# of$iis.in tru n^ , 1000 06300 0700 029001 ~ `~~L`' 4 Dist. P T S )O1 5 Community Preservation Fund Real Propert' R EMC A Consideration Amount $ Tax Service t5-MAR-t Agency CPF Tax Due $ Verification Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Vacant Land TD En-Consultants 1319 North Sea Road TD Southampton, NY 11968 TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co. Name www. suffol kcountyny.gov/clerk Title # s Suffolk Count Recordin & Endorsement Pa e This page forms part of the attached Declaration of Covenants made by' (SPECIFY TYPE OF INSTRUMENT) Susan RueQiero The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In theTOWN of Southold Town of Southold In the VILLAGE Board of Trustees or HAMLET of Southold BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over DECLARATION OF COVENANTS THIS DECLARATION made this ~ day of 201 by Susan Ruggiero, residing at 61 Marshall Avenue, Lynbrook, NY 11563, hereinafter referred to as "DECLARANT": WITNESSETH: WHEREAS, DECLARANT is the owner of certain real property located at 425 Calves Neck Road, Town of Southold, County of Suffolk, State of New York, described in the Suffolk County Tax Map as District 1000, Section 63, Block 7, Lot 29.1, which is more particularly bounded and described as set forth in Schedule "A" annexed hereto, hereinafter referred to as the Property; 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 DECLARANT 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 Permi[ to undertake such regulated activities, the Trustees required that atwenty-foot wide "nonturf buffer" be established and maintained along the landward edge of the bulkhead, NOW, THEREFORE, the DECLARANT does hereby covenant and agree as follows: 1) Upon the substantial completion of the aforementioned permitted activities there shall be established and subsequently maintained along the landward edge of the bulkhead on the subject premises atwenty-foot wide "nonturf buffer" as defined by Chapter 275 of the Town Code; and r • 2) These covenants shall run with the land and shall be binding on the DECLARANT, her heirs, assigns, purchasers, or successors in interest and may be modified only upon resolution of the Board of Trustees. IN WITNESS WHEREOF, the owners have duly executed this instrument this ~ day of / I~ 2011., Susan Ruggieroa STATE OF ~ ~ / ss: COUNTY OF ~c-SS~ On the~~ day of~' "'Q~fLt' 1 , in the year 201?sbefore me the undersigned, a Notary Public in and for said State, personally appeared Susan Ru iero personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual or the person on behalf of which the individual acted, executed the instrument. Notary P~ I~ State o~Ow Vork Ouadfie0 irn Nassae County Notary Pu c Commission Expires December 3t, 2p~ 2 SCHEDULE A ALL that certain plot, piece or parcel of land, with the building and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York being bounded and described as follows: BEGINNING at the corner formed by the intersection of the northerly side of Calves Neck Road (Young's Road East) and the easterly side of Calves Neck Road (Young's Road East)(Young's Avenue) said point also being the southwesterly corner of the premises herein described and from said point or place of beginning; RUNNING THENCE North 16 degrees 11 minutes 20 seconds West along the easterly side of Calves Neck Road (Young's Road East)(Young's Avenue) 224.72 feet to lands now or formerly of Marie Scalia; THENCE North 27 degrees, 33 minutes 00 seconds East along said lands now or formerly of Marie Scalia 57.00 feet to Town Creek; THENCE Southeasterly along Town Creek 168.20 feet to lands now or formerly of Alexander Koke; THENCE South 15 degrees 38 minutes 40 seconds West along said lands now or formerly of Alexander Koke 220.00 feet to the northerly side of Calves Neck Road (Young's Road East); THENCE North 74 degrees 21 minutes 20 seconds West along the northerly side of Calves Neck Road (Young's Road East) 60.00 feet to the corner first above mentioned and the point or place of BEGINNING. 3 ! • James F. King, President ~~OF S~UryO Town Hall Jill M. Doherty, Vice-President ,`O 53095 Route 25 Peggy A. Dickerson ~ * P.O. Box 1179 Southold, New York 11971-0959 Dave Bergen Bob Ghosio, Jr. ~ Telephone (631) 765-1892 ~ly~~~~ 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 APRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1S` day of construction '/z constructed Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT N0.6852 DATE: APRIL 16, 2008 ISSUED TO: HANK & SUSAN RUGGIERO PROPERTY ADDRESS: 425 CALVES NECK ROAD, SOUTHOLD SCTM# 63-7-29.1 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter ] 1 I of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on Auril 16, 2008, and in consideration of application fee in the sum of $250.00 paid by Hank & Susan Rueeiero and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Boazd of Trustees authorizes and permits the following: Wetland Permit for as-built poured concrete retaining walls and new 22'x30' stone patio, with the condition of a 20' Non-Turf Buffer area installed along the bulkhead, and as depicted on the survey prepared by Peconic Surveyors, P.C., last dated May 1, 2008, and received on May 8, 2008. [N 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 Boazd as of this date. O~Qg11FF0~,~cG ~ i G TERMS AND CONDITIONS The Permittee Hank & Susan Ruaeiero residine at 61 Marshall Avenue Lynbrook, NY 11563 as part of the consideration for the issuance of the Permit does understand and prescribe to the following: l . 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 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. 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 o~~oF souryol Town Hall Jill M. Doherty, Vice-President ~ ~ 53095 Route 25 P.O. Box 1179 Peggy A. Dickerson ~ ~ Southold, New York 11971-0959 Dave Bergen G Q ~ • ~O Telephone (631) 765-1892 Bob Ghosio, Jr. ~ Fax (631) 765-6641 ~y00UNT'1,~`~ BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD April 16, 2008 Ms. Nancy Dwyer P.O. Box 632 Southold, NY 11971 RE: HANK & SUSAN RUGGIERO 425 CALVES NECK ROAD, SOUTHOLD SCTM# 63-7-29.1 Dear Ms. Dwyer: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, April 16, 2008 regarding the above matter: WHEREAS, Shawn Kruk, Absolute Improvement on behalf of HANK & SUSAN RUGGIERO 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 March 5, 2008, 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 5 & 6 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: a 20' Non-Turf Buffer area is installed along the bulkhead, and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on April 16, 2008, at which time all interested persons were given an opportunity to be heard, and, z ~ . WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the application of HANK & SUSAN RUGGIERO for as-built poured concrete retaining walls and new 22'x30' stone patio, with the condition of a 20' Non-Turf Buffer area installed along the bulkhead, and as depicted on the survey prepared by Peconic Surveyors, P.C., last dated May 1, 2008, and received on May 8, 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, James F. King President, Board of Trustees JFK/eac James F. King, President ~~QF ~DUlyO Town Hall Jill M. Doherty, Vice-President ,~O l0 53095 Route 25 P.O. Box 1179 Peggy A. Dickerson l~f ~ Southold, New York 11971-0959 Dave Bergen w ~ Bob Ghosio, Jr. ~ ~ ~O Telephone (631) 765-1892 ~Iy~UUNTY,~~ Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: _ f7Gt~1 ~ E 7[-~S~n I~ U U g i ~~O Please be advised that your application dated Gt.(-G~ ~ has been reviewed by this Board at the regular meeting of / ~ and your application has been approved pending the co pletion of the following-items checked off below. [//Revised Plans for proposed project ~2C1~iUon -~~rf ~ju~( Pre-Construction Hay Bale Line Inspection Fee ($50.00) 15~ Day of Construction ($50.00) %2 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: $ S~ BY: James F. King, President Board of Trustees _ p I ~ ~ ".6 1f~. . ~ ~ _ - - . ~ 1 a~ _ _ _ , ~ Al ' - ; ~ ~ _ rte, _ - . . . ~ 1 IBS 0~0` 'f~:. A i. ~ ~ a~YR~C~ ~~"itr. I 'f~ ~ ~ l~ t r r ~ ~ ~ ~ _ ^ .~I _ „~T _ I i L, 1._ ~ ~J . h' • ~~A ~ - w t ~ * ~ f r.. ~s ~ ` - ~ < 1. t 't • ~ ~ s~ + ~ t r , y ; 1 ~ ~~~~C ~ ~hh. tf "r x.~' .ate 4 1. .e ~ +ak+ .~i`~.Li~:1g'~+~'_ t~4~r~,~~~~ aa~ b. l" +n. - .~.~.•ti ti" t ~ 'F p>~~ ~ :'K' ~ty~*'~;'r >1r•,1~; 7~ - CIE _ ,s! `k~ . cam. r >.ots,. ..w V.. 1- ~ s j~ 4 + iy 1 . _ S. r" _...k '~y w `~~~YYYY~~~ ICI ~ y,,, ~ ? . NY rllYf ai•.fr ~,~i, T. } Yom. > .vF. _ _ ~ 4+~ :'~'"t~ ~ •+}'~r'S. Aeyf, ~ ~~t~' 'FT' •ki v y '7~'a t j.~ `6~rlP~!w RS~~ t ',fit ~a-u•~"{F~11 S. y{.:`~(~` ct~ •ad' 5 ~ ~ Y `7~' ~x S a as yi,.,' ~ r{lam ~.~G ° ~~:.~c ~t!M~..,- ~.,c 4 ~a ~ ~ .v ~ Y plc X- y ~,`r s._.r+~.~i Y ~ \ ~ T s ~ •.~:.1`~__~ ~ r, T }w~~ ~~t~~~'ri! ~M; ~~~,~~~0 O ~i~ a Y'y = 1. r;r• •w 4 ~ v, _ yy~ ~}`r' f K ` l~ ~J z, ~ ~"!t~ ~'-T+ ~ -r _ ~~i ,esq. ~ j 'y. •t rT i~." 1~ 1' 11: ~ 1. gpFFO( James F. King, President ~S NCO P.O. Box 1179 Jill M. Doherty, Vice-President a~ O~ Southold, NY l 1971 Peggy A. Dickerson ~ Telephone (631) 765-1892 Dave Bergen u- ~ Fax (631) 765-6641 Bob Ghosia, Jr. ~ ~ ~ yypl ~ ~Op Southold Town Board of Trustees Field Inspection/VUorksession Report DatelTime: ~~~~~d8 ~ ~D HANK & SUSAN RUGGIERO request a Wetland Permit for the renovation to the existing residence, existing 20 sq. ft. front entry with second-story above, replacement of poured concrete retaining walls, and new 22'X 30' stone patio. Located: 425 Calves Neck Rd., Southold. SCTM#63-7-29.1 T~rpe of area to be impacted: -Saltwater Wetland -Freshwater Wetland -Sound -Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: _Chapt.275 _Chapt. 111 -other Type of Application: !(Netland -Coastal Erosion -Amendment _Administrative_Emergency-Pre-Submission Violation Info needed: Modifications: Nd'`~ r~~'LF c?n~" of /~vL.~Ci~E'/9.O Conditions: Present Were: .King Doherty .Dickerson v D. Bergen- B.Ghosio, H. Cusack- D. Dzenkowski -Mark Terry other Form filled out in the field by J /n~ Mailed/Faxed to: Date: Environmental Technician Review- Donald Wilder, Chairman Town Hall, 53095 Main Rd. Lauren Standish, Secretary ~ . ~ P.O. Box 1179 Southold, NY 11971 ~~JO! ~ ~~0~' 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., April 9, 2008, the following recommendation was made: Moved by Don Wilder, seconded by Jack McGreevy, it was RESOLVED to SUPPORT the Wetland Permit application of HANK & SUSAN RUGGIERO for the renovation to the existing residence, existing 20 sq. ft. front entry with second-story above, replacement of poured concrete retaining walls, and new 22'X 30' stone patio. Located: 425 Calves Neck Rd., Southold. SCTM#63-7-29.1 Inspected by: Don Wilder, Glen McNab, Peter Young, Jack McGreevy The CAC Supports the application with the Condition a drainage plan to contain all roof run-off is submitted, a 20' non-turf buffer is installed landward of the bulkhead, and a pervious driveway. The CAC also observed a drainage problem along the west side of the driveway, where the run-off was being discharged into Town Creek. The CAC also questions the irrigation within the 20' buffer zone. Vote of Council: Ayes: All Motion Carried Town of Southold A l 4 ~ 9$ Suffolk County, NY The People of the State of New York us. IAST NAAME (DEFENDANT) C FIRST NAME MIDDLE INITIAL STREEr ADDRESS APT.NO. ~ ~ ~ ~ tuK ~ + vv1,a ksµ~ ct ,A,~ 5 f fa""~ _(~~jS~ DTML~IN CiG~nrYC Al /I 5 h~ 3i , ~ LICENSE OA gEGI3TRATION NUMBER N -o Eb STATE TYTP~E OF ICENSE (D,~AT.E~1IXPIgE3 $E% WfIDHATE OF BIRTH OPERATOR ~I Y % ~ ` V~`II F" M fp [.a Y ?YEBV ?NOE ,ry,/~~/(~~ t PLATE NO. THE OPERATOR OR REGISTERED OWNEq OF VEHICLE DESCRIBED BELOW DATE E%PIRES ~Y E t,J ~ ~C~~~ ~ ~ ~ ~ STATE PLATE TYPE V~ ? N.Y. ? N.l ? N.Y. ? N J. ? ? PA58 ? COMM ? VEHICLE MAKE ? DODGE ? BUICK ? CHEV ? CADILLAC ? PoNTIAC p ? FOBO ? OL0.5, ? PLTM ? TOYOTA ? VIXl(S ? \T ~`iQ 1 BODY ? 20R ? 60q ? BU$ ? MCY ? SW. U(~~p'/~~` f1`` ` TME ? THUCK ? TMILEq ? VAN ? ~~v T,..(~l `1 VIN NUMBER THE PEB80N DESCRIBED ABOVE IS CIURGED AS FOLLOWB PLACE OF OCCURRENCE _ PJ~T 4 Z~ Cpt iFS aFcaE alb ~~rx,, NJ+. Q' GATE OF OFFENSE AM TIMf PM dTYL TOWN, KLUGE, Oq w.MLET 6UFFOUI COVNn Nv CX! -fln~ C:'7 !dam ? . t>,u ~.1~!_ r IN OLITION OFSECTION SUED. OF THE?VEHICLE AND TRAFFIC LAW OF THESTATE OF NEW YOgK J70/TNJ'E'R (SPECIM ~ ? O S. ? COM ? BU8 ? HAZ I 'Z' ~ S OEF VEH MAT SPEEDING OTHE,q`CiF~LFEN MPHINA MPN ZONE Nll ~IVC N.JI r- MI$OEMEANCR? FACTUAL PART MOT FOP NB) 9 q day r THE AeB1O~VE NAMED DEFENOAM DID ON THE STATED DATE, TIME AND PIACE PO~lU U~Y J~~I ~ ~S-2Pd rC.YiJ;71t'7 E,),1'Fr,nJ /1)~' ii e" iJt ily'.°,sl< - ~~1 h~3c~~r-f buF-Per TM Forpoln9.6 ess.e o~ IP.~wrel xm..lm9a.•+cHlm....+eMN9..9r ) of V~-e p ho-ybQls.o -;z;:<~~•,~ xk~~ E.LaJ , <5 ~ ~ a \ ~1,~ L~~ PARKING SCHEDULED FINES CONTACT COURT? ~Il\\I Iul~,lJ~{S~QLV~~SIV/s-~ THEPERSON DESCRIBED ABOVE185UMMONEO TO APPEAR AT 4%S. J SOUTHOLD TOWN JUSTICE CWRT, 53095 ROVTE 25. SWTHOID, NY 119)1 I;-r `1 RaTF of nPxwR.wcE INOTwANBI f u aS~11i lt5 ~-~c % lj l ck-~'7 AT ~ t~ ~jrPM i~l,l FALSE STATEMENTS MEflEIN AFE PVNI6W.BLEA6 ACU33 A M13DEMEU1gi PVR6UANi TO6ECTON 2f0 ~SOG TXE P LN Y6. COMPLAINANT DATE I E!J l~~~(s ~J~ BADGE Y /7 ~..J COURT APPEARANCE _ _ _ _ _ _ . ~ ~oJp~, x`99 ~ wA~ . eU~HF~o J2~ z~f Sssb ~ \ \ 2~'S F ~ \ \ ~'c ,.r0.\ \~~BU~ J ~ ~ CN \ \D ~ ~ ,ry,;~ ~ \ ^ W \ \ ~ 'zEp \ ~ ~~V \ ~ ~ ~ \ 1 ~ \ ~1 yryN'M ~ ~ - 9 ~ ~'Sy \ " ~ / 16 3 ~ ~i O 13 \ \ \ ~ ~ day / / H ~ ?0. ~ / \ ~*75 ~ V m ~ t753. V~ ~ O m TT~~ ~ he Li r+~~ S ~ Zp" Z ASPNA NGWI h 1.5'E ~ ,l a. 79, p _ - ^s.B o ~ i X0!1' 'ZB .......~.c/~ a ? /S~ry~ a .7 in ~ ?t p^ 81~ 13g ~ ~ 6,yM 72 f, p 43 b Q 1J N ~ ~ .3 0\ 2~ N x ~ h~ yo ~ ~sr ,~pzr ?M Rc-s,~ 3 m N74~12O.W m ~"u ENr `M R 60 DO• +`73,~q• EDGE Ct~ PALE4ENT 4P~~ OF NEyyJ' OAD ~ 5'o~NT. MF~~~~.p~ JCED TO N. G. V.D. Ll .49618 CoN P._CONIC ~ ~ rw.~ (631) 765 •lldG'+ 65-1797 YORK ST.47E c~,._ I9-SVBDNISION 2. ALL ~ :A7/0NS P.O. 80X 9 ~ANi)9V '~~'!'^'+AND COPIES THERE VLY IF 7230 7RAIiELER r1 O 4r~ ?RESSED SEAL OF i SURVEYOR ~ SOUTHOLD, N. Y. 11971 O~-l~v Ht-REbN. ej a a::-g o~, GP J p F s ~ p ~ .'.8'~ ~ t ~o e~.~ Fyn u~in u~ie > e...~.~ ,,,~c O 2 ~ ~ i.u O b iun ,yJ I~ ...x0 a..~o ~ O ~r~ie S N a ,,.w'n~ zq1 cum ~ V 4 w P ` .,.a..,.. aH ~ JN`C yA ~'5 uun ~ w o. J'~ v. ~u. cues k .¢iv wa. 1 ~4. Y asg~ S < 9 V , ~ S yk `A J b ~ J- 4 P u2 a ~ O w SF 1 ~ ~ ~ ~ ~ ~n'•.. J~ 0 tt~ ~a ~ a ~ v ~E k~w moox-one y bow ,1 D 1 mo e~i ev 'v I - 00.0 ,p s a~~ ~«E ~ ~I~ au Q _ xcua COUNTY OF $UFFOLN © E, SOUTHOLO scvax xo E ~ - , , _ Aed AopertY lax Service Agercy , _ _ _ - - - a.,~,R~ 063 n . n _ o....,,. e_._ ..xnu.v p-~F'` m~a.~n SOW PROPEPiY M/P .m,nw nrt n~nw J N _ SURVEY OF PROPERTY AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1000-63-07--29.1 FEBRUARY ?7, 2006 Feb. 28, 2008 May 1, 2008 (20' non-lurl bullerJ T~ '~`4'.(~.~ MEA1. y?G ~1 Mq U C~A L~kO ~H ,Hq~ q 0~`~ 6~He~O ~J~V } ~~0~ ,y QV ~~f ss p" S~ ~G R~ ~ SV?~S~ r=G ~ 'S~ i,.,0. ~ \ ~ ~ ~ nt.~~ . ~ ~ \ ~ ~ ~8J y6S NO ~~+X''c plc f, \ \ \ ~ f \ \ l I !n '~s~ ~ ~ ~ ~ ~ `~a, ~ zow ~ r T ~ G,, . ~ ~ R \ N ~ Cl ` ~ / 9 ~ ~ ' ' ~ ~5 r C ~ _ _ --7 o ~ ~ hQ "~zo~ _ O N~~7 ~E ~ ~ a ~T it b Q ~ ~ ~ ~ / s ?B ~ 4 d~M~" ~l f.~ ~"iG r ?f p^ 6 R7• ~ 13g 0 I\1 "`s' N ~ Q ~ ~ 1 ,3 APPROVED BY ~ a ~r`~" ~ ~ BOARD OF TRUSTEES r h TOWN OF SOUTHOLD ~ a GATE s 9/° 8 r ~r FLOOD ZONES FROM FIRM ~ 36/03 001 6 6 G 5/04/98 ~~"4 ~ ~ ^ °Grtz RO ~EI/ENT y ~ rr ~ <gD f^~ , AREA=29,558 SO. F= f. I ~ TO T1E LINES ELEVA TlONS ARE REFERENCED TO N. G. V.D. ~ ~'}f~C. N 49618 ANY AL7ERA7/ON OR ADDITION TO THIS SURVEY /S A NOLAT/ON P CONIC U ~ `,G OF SECTION 72090E THE NEW YORK STATE EDUCAT/ON LAW. (631) 765-5 :ZS ,~R~'~ 65-1797 EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERI7FlCATlONS P. O. BOX 909 HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COP/ES BEAR THE IMPRESSED SEAL OF THE SURVEYOR 1230 TRAVELER STREET f~ . WHOSE SIGNATURE APPEARS HEREON. SOUTHOLD, N. Y. 11971 0~-~~v _ . ~ • OFFICE LOCATION: ~aOF SO(/TyO MAILING ADDRESS: Town Hall Annex l0 P.O. Box 1179 54375 State Route 25 l~[ l~ Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) w ~ Southold, NY ~ Q Telephone: 831 766-1938 ~ Fax: 631786-3138 ~1~00UNTV LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM D ~ ~ ~ 0 To: James King, President D Town of Southold Board of Trustees APA 1 6 ~~,,,d From: Mark Terry, Principal Planner LWRP Coordinator Southnoid Town Board of Trustees Date: April 16, 2008 Re: Request for Wetland Permit for HANK & SUSAN RUGGIERO SCTM#63-7-29.1 Shawn Kruk, Absolute Improvement on behalf of HANK & SUSAN RUGGIERO requests a Wetland Permit for as-built poured concrete retaining walls and new 22'X 30' stone patio. Located: 425 Calves Neck Rd., Southold. SCTM#63-7-29.1 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. Policy 6. Protect and restore the quality and function of the Town of Southold 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 distance from the top-of-bulkhead to the patio is 80 feet; a minimum setback distance of 100 feet from the wetland line is required pursuant to Chapter 275-3. Findines; purpose; jurisdiction; setbacks. Please require that the applicant amend the application to meet the above policy to the greatest extent practicable. If the action is approved and to further Policy 5: Protect and Imarove Water quality in the Town of Southold: 1. Require a perpetual, vegetated buffer to the 10 foot elevation. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. 1 ~ • • James F. King, President -``~~F S~UTyO Town Hall Jill M. Doherty, Vice-Preaident ~OV` ~ 53095 Route 25 yy P.O. Box 1179 Peggy A. Dickerson ~ T Southold, New York 11971-0959 Dave Bergen G Q • ~O Telephone (631) 765-1592 John Holzapfel O~CO~ Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only Coastal Erosion Pemvt Application ./~retland Pernrit Application _ Administrative Permit -_AmendmenUTransfer/Extension /f2eceived Application: ./keceived Fee:$ O ~,(~~Og _2ompleted Application~_U -Incomplete _SEQRA Classification: Type I_Type II_Unlisted Coordina6on:(date sent) ~WRP Consistency Assessment Form 3~ l7$ CAC Referral Sent: Q ~ mate of Inspection: y 4 -Receipt of CAC Report: -Lead Agency Determination: Technical Review: --Public Hearing Held: U I Ip Resolution: C Name of Applicant ~/kh1L d JUSA~l..1 I~UGGIt~o Address ~ol ~lgrstia-I! Avenue (,ynhrook, NT 1513 Phone Number``:(yb) 9.3 - ~ ~a ~ Suffolk County Tax Map Number: 1000 - (p.~ - 07.E a9 ~ Property Location: yas ~a ~?~5 /~~ClL J~oGtCY Sav~o~ol (provide LILCO Pole distance to cross streets, and location) AGENT: ,~/Iaul/1 ,~ryk , ~-hsaluf~ /mprovcmen~ (If applicable) Address: j~a. 7 `~//o Lf} f/~.G / / C~1. 0~ Phone: r'o3/ - 76 7- 0350 (1C~n r _Q~~ ~ sb.~d~11 `16~ - 8~~ ~ard of Trustees Applicat~ GENERAL DATA Land Area (in square feet): q~~, ss ~ S~• Area Zoning: ~ Previous use of property: s~ ~P- 7n"r?m i re~S'i ~enC~ Intended use ofproperty: .S//la~/Z ~Q/h/ YfSi~~ cG v Covenants and Restrictions: Yes X No If "Yes", please provide copy. Prior permits/approvals for site improvements: Agency Date N ~s nEe 9- aea ~ sov/-h a Id ,~v; l~J;,>ti Dy~f 9~ a ~ 6 Soyfj~o ~ Z~3q l- 3e'o'7 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: Projec//~t Description/ (use attac//hments if nel`cessary): JCPno~'a y1~ 7~ ~ ~Srii'~~ I'eSlc~errC,~ 14 i~b~D ~7o Sb ~ ~ ~iy~Y u~~ s~O.Ub S~"U,~'-y ~gOtl(; ,P~p~~/5/7~~OC1~D Gad ~2~~iN'IA7G C.r~,d~LLS iy/ ~-l ti/CLtJ ~~4-iiy~ [.uA-(,LS i Z~v~c~?s~p Exis~iv~ p.L. P~~ ~o ~UEiU as x 30 S~,vE p~fio . .oard of Trustees Applicat~ WETLAND/TRUSTEE LANDS APPLICATION DATA. Purpose of the proposed operations: /C B/10 ?ct ~j'oy) ~ ZXJ S fi~/~ rc~Sicl~nee, d?e ~o a.~,~ K ~r~-ti ~ ~a~-~~ Area of wetlands on lot: squaze feet ~u ~ ~C it e R d/e' o~ T v Percent coverage of lot: % le/1G~~ 0 7 ~~D~e?~ Closest distance between neazest existing structure and upland) edge of wetlands: feet Closest distance between neazest proposed structure and upland edge of wetlands: feet Does the project involve excavation or filling? No_.~~ Yes If yes, how much material will be excavated? ~ cubic yazds How much material will be filled? ~ cubic yazds Depth of which material will be removed or deposited: feet Proposed slope throughout the azea of operations: Manner in which material will be removed or deposited: 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): ~ard of Trustees Applicat~ COASTAL EROSION APPLICATION DATA Purposes of proposed activity: ~6VQ_.~atn ~ eKIS-~jyte~ ~OVS2r t lily clr ~ PG~'o U.b~ ~ ~a~n~l Sca him Are wetlands present within 100 feet of the proposed activity? No~_ Yes Does the project involve excavation or filling? No Yes ~.2 RYa c>l nd, If Yes, how much material will be e~x/cavated? / (cubic yards) How much material will be filled? (cubic yards) Manner in which material will be removed or deposited: Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachm1ents if necessary) ~t~~v~_ LUI'~~ b~ MlvtlbC.a--~ i~U1f~uG~ a?~ Y'k~- P.hU(rUtart~elvf {lea use, ~ ux~y k is ~ aea~e,~ an ~e. ~-~'d~.ev o~ ~ u,ec~ct. , ~I-It.e. aleua,~to~'l i s lt,i ~l~ a~ d ~l~l-e ~ ro het Ott i s u I l~lu~.ol ed . NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES. TOWN OF SOUTHOLD In the matter onf applicant: /-~<+..Yik ~ c~US2h ~yQ4%I.YO SCTM# /B"DD--%307-~q/ YOU ARE HEREBY GNEN NOTICE: 1. That it is the intention of the undersigned to requel st a Permit from the Board of Trustees to: ~e~oVCl~-2- ~ R-K15~?tg YtaUSe~ ~~~o l re.~ i n i v.~a.tl s a ree.o~~"~Gf' (a~vtd sca,rir~ 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: S;„~ l~ -~~r~i Ct7 res~ ~~~c~ 3. That the project which is subject to Environmental Review under Chapters 32, 37, andlor 97 of the Town Code is open to public comment on: .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 anly/other agency that might have to review same proposal. OWNERS NAME: /-tank v c~usar~ ~vRglevo MAILING ADDRESS: ~ r H.c. ~?e . y /_Un hroo~,, NY l /S 3 PHONE S/G- S~f3- 99x7 Enc: Copy of sketch or plan showing proposal for your convenience. ' ~ PROJECT ID NUMBER 617'20 ~ SEQR APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Onty PART 1 -PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME Shaw rv 1~v ero es,d~,e 3.PROJECT LOCATION: Municipality O U O County ~(J'1'~{-0 /ham 4. PRECISE LOCATION: Street Addess and Road Intersections, Prominent landmarks etc - or orovitle mao ~{a5 ~a /ve5 /vee l~ ~c~ 5. IS PROPOSED ACTION : ~ New ~ Expansion ~j~'Modificafion /alteration 6. DESCRIBE PROJECT BRIEFLY: ~~la ~anova~ron ~rs~rn3 /"c,Side~rc~ ,n~~U~iils h~W ioS u lain~5e~c~i'n~ 7. AMOUNT O~LAND AFFECTED: Initially acres Ultimately ~ acres 8. W~~~~I,,LttL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? ~es ? No If no, tlescdbe briefly: rrrrrr9~~~~~~--W---IIIlll ~~H~~~AT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) residential ~ Industrial ~ Commercial ?Agricutture ~ Park /Forest /Open Space Other (tlescdbe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) }Yes ~NO If yes, fist agency name and permit /approval: u R roUa. ~S e~ 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? f-i? Yes ~NO If yes, list agency name and permit /approval: uy/.S ~ ~wH ~~d P rlyl f '7 ~ .~v~a ld f So mrYn 2f~A ~ ,euv 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? es o 1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant /Sponsor a Date: Signature (Q (7 If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II -IMPACT ASSESSMENT To be com leted b Lead A enc A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. Yes ~ No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.61 If No, a negative declaration may be superseded by another involved agency. Yes ~ No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers maybe handwritten, N legible) C1. Existing air quality, surtace or groundwater quality a quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage orfkxxling problems? Explain bdefly: r.Jo - a-(I work is rvtnouc+`~-i an s -~o .en1s 'n S~ruc.l-arcs . C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources: or w nity or neighborhood charactef! Explain briegy: N ~ C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangeretl specie57Explain bnetiy: r1o - o ~e,v ~-iu I kll~dcAl C4. Acommunity's existing pia or goals as officially adopted, or a change in use or intensity of use of land or other natural resources?F~plain bnefly: ~ ~ ~.s( ~i' h hor o0 C5. Growth, subsequent devebpment, or related activities i ely to be induced by fhe proposed action? Fxplain bde6y: C6. Long ten1s,,short term, cumulative, or other effects not identified in C1-C5? Explain bdefiy: 1~0 C7. Other impacts (including cha es in use of either uanti or of ener ?Explain bdeg B'V1.f~ D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA CEA ? If es, ex lain bdeg Yes ~No Yes dip-G\I\JNO _ _ E. IS THERE, QR IS THERE LIKELY TO BE CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? if es ex lain: PART III -DETERMINATION OF SIGNIFICANCE (TO be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determinewhether it is substantial,large,important orotherwise signifiont. Each effect should be assessed in connection with its (a) setting (i.e. 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 of sign~cance must evaluate the potential Impact of the proposed action on the environmental characteristics ofthe 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 dowmentation, that the proposed actin WILL NOT result in any significant atlverse environmental impacts AND provide, on attachments as necessary, the reasons supporting thi determinatlon. Name of Lead Agency Date not or ype erne o esponslble Icer n ea gency Title of Responsible Officer ignature o esponsible cer In Lead Agency Signature of Preparer If di event rom responsible officer) _ ~ Board of Trustees Applica'fion County of Suffolk State of New York ~,I0.Y1L~~ ~U'.I ~ BEING DULY SWORN DEPOSES AFFIItM THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/I~R 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. Si ure SWORN TO BEFORE ME THIS ~ a•~ DAY OF (1i g., mot, ,20 og C~` y Public John M. Jud e NOTARY PUBLIC, State of New York No. 01JU6059400 Qualified In Suffolk County Commission Expires May y9, 20~ APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of tov~n officers and emplovces The purpose of u' r r 'de inforinetion which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. 77 YOUR NAME ! i/W ~ C-f i ~G` Gr' ~ (Las[ name, first ame, tptddle initial, un ss 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 Building - Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (if "Other', name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, tnartiage, or business interest "Business interest" means a business, including a partnership, in which the [own officer or employee has even a partial ownership of (or employment by) a corporation in which the town otliceror employee owns more than 5%ofthe shares. YES NO If you answered "YES", complete the balance of this forth and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicanUagenUrepresentative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when [he applicant is a corporation); B) the legal or beneficial owner of any interest in anon-corpornte entity (when the applicant isnot acorporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant DESCRIPTION OP RELATIONSHIP Submitted this day of f: B_._ 200 b Signature F'3 Prin[Name ~ Form TS 1 New York State Depart~nt of Environmental Conse~tion Division of Environmental Permits, Region One _ Building 40 - SUNY, Stony Brook, New York 11790-2356 Phone: (631)444-0365 • FAX: (631)444-0360 Website: www.dec.state.ny.us Denise M. Sheehan LETTER OF NON JURISDICTION -ARTICLE 25 Canmissioner September 5, 2006 Ms. Susan Ruggiero 61 Marshall Avenue Lynbrook, NY 11563 Re: Application #1-4738-03488/00001 Calves Neck Road, Southold _ _ - - _ -SCTM# 1000=063 07-029.1._. Dear Ms. Ruggiero: Based on the information you have submitted the Department of Environmental Conservation has determined that: The referenced property landward of the 10 foot elevation contour on a gradual, natiual slope as shown on the survey prepared by Peconic Surveyors dated 02/27/06; is beyond Article 25 (Tidal Wetlands Act) jurisdiction. Therefore, in accordance with the current Tidal Wetlands Land Use Regulations (6NYCRR Part 661) no permit is required:' Be advised, no constraction, sedimentalion, or disturbance of any kind may take place. seaward of the tidal wetlands jurisdictional boundary, as indicated above, without a permit. It is your responsibility to ensure that all precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Article 25 jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and your project (i.e. a 15' to 20' construction area) or erecting a temporary fence, barrier, or hale bay berm. Please note that this letter does not relieve you of the ibility of ob any necessary permits or approvals from other agencies or to m 'ci alities. S' cerely, John Wieland Deputy Permit Administrator cc: MHP Nancy Dwyer file Town of Southold • LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a detemunation 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 nroyosed 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 LWRP policy standards and conditions contained in the consistency review law. Thus, each answer mast be emhimed in detail. li+tm¢ both saunortmst and non- suanorlinefacts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. 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. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# /000 _ _ D'~_ Y~~f, l PROJECT NAME l~uQ4ie-ro T~eSio%nC~- The Application has been submitted to (check appropriate response): Town Board ? Planning Board ~ Building Dept. ? Board of Trustees ? 1. 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: f~~r~ava~ion((''u r~.aal/'s ~ ew"s~~ res~d~nr~- ~`~t~l~~`na~ ~a~o i l'.Z7-a4YL1n(~ wa [l ~ Ia-ti_dsca,rr~rQ - n~ Location of action: '7~ a S ~ l ?t 5 /yt c r~c~. So v ~'h o (cl Site acreage: d ~ 55 ~S /nS~tt • FT• Present land use: S%~~ ~~2 -F-Gt m i r'~I /r[ 51 q~e h C v Present zoning classification: 2. If an application for the proposed action has been filed with the Town of Southold agency, tbe following information shall be provided:, 1 (a) Name of applicant: ~i R r) r sUSa n }~v~j ~ j c. r 0 (b) Mailing address: (v 1 ~/(R,Yb{tt l~ ~Nn hrcnl~ , ti-1~ 1 /SL3 (c) Telephone number: Area Code (n,~6 1- Sq~ - 7 7 (d) Application mnnber, if any: r'2rMtl / ~ .~2 t{-I ~ Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ? No ~ If yes, which state or federal agenc}r? ' ~ . - - .riue policies by analyzing how the project will farther support or _ ~,Y;,;;:: t!:c policies. Provide all proposed Beat Management Practiees that will further each policy. Incomplete answers viii require that the form be returned for completion. f;L~ LLU'P;uif COAST POLICY - ~ - ~ ui ;~+i+nai~ ut711'2, makes bPnefuial use of a coastal locvt:^^, ~ ` ta£ deveiopmeet. See L WRP Section III -Policies; Page 2 tar zvaiuaticsn i < iii.i(.~ t,c.w~~ ind_!c, Wt%!_ _r.(-!'~K-~k'- I~F.L~.-y !hE>X~~ c-c~l..trA.G?!?1'1 - r _ - , t...ul.,. 4uv.al.lYlu1 .).1~{i Hl t. ut~LY.1..u~~ i rns+c~- q't'giPf.T ~~A F1rRC{'rv4' t1lctflr[c :iitct ar(~.ha~tFtna~c,ct rc•.cnc:r:::.c n2 tR:^. tnt.n nt t„nt~nr, ke:e t,Sb~IdP ,f+xlino4 ttt - Pa+licir.~ Yaarc 3 thrr++s~h t'nr Fvalnatir~n criteria I I 1 I I\_~ YM (-J NO ! NRt !~tJ(1l2CRhIP ~lbl~iz !-las 13~ ~~~--ir~,~t~ ~ M,~ cau.~nrho~s A.~ fed°~fi~~. 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 Applicable ~.K1~'i~6 Cc~;r~i-~-iopJ u~nl~l~-- r-J~-s r'.st?-m._; caupt,~Y~b 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 S throug616 for evaluation criteria ? Yes ? No Not Applicable uJOk-i<- co~~I.~j'~, 1L1,~ co~~ltio~s ~cfs~iti~ Attach additional sheets if necessary Policy 5. Protect sad improve water quality and sapply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ? Yes ? No ~ot Applicable Lkis~'1t.1~ ~>~r>i ~otis ~l,l. ut~~- c,o~..t-nom Attach additional sheets if necessary Policy 6. Protect and restore the quatlty and function of the 'I'owa oC Southnld er~sy~stctrts inrlarttng Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Sectiut? 111- i'uGci~s; Yages l1 through 32 for evaluation eriter~. ? ? Yes No Not~plicable I lam'?t_ i L'w-I; i~ XI °a i J Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Tsrwn of Snnttsald 4: r s e~ s; n Pages 32 throngh 34 for evabaatwn criteria. _ . _ - _ LJ ~~,vv~ i~afa yPis»tinuie ...E _ _ Attach additions{ sheets i€necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wa~s,~t(es. See LWRP Section III -Policies; Pages 34 through 38 for evaluation criteria. ? Yes ? No LEI Not Applicable . _ - rr PUBLIC COAST POLICIES Pn_lia~v O P.~....:.lo c . . - • - i.~ M1 aS Jick.. 1.. L i ?.i114...~ Nuu k .-ov .a~ ~ - ' . . '-..:.....e ~"..~..n .:u aua UU~'fl 4U ~V[ eYSlnalltYII criteria. Yea--+ 1Vo Ivot Applicable _ Attach additions! sheets i€neeessary _ _ _ ,WORKING COAST POLLS Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III- Policies; Pages 47 through 56 for evaluation criteria. ? Yes ? No Not Applicable a4.5~ l~N F~-T~/ c11-~'7o~J Attach additional sheets if necessary Policy 11. Promote aaatainable use of living marine resources in Long 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 Soathohl. See LWRP Section III -Policies; Pages b2 through 65 for evaluatiou criteria. Attach additional shezLS if neczssarv ~ - 4_ . ~ - - - fix{. -s f a:,'ei +:i to ?lie zr! _ ~ tie a ,t51i `tt 4 x r':~s'~ zf?zx e}zre _rl r{-ti itCCCi. ~i:C i_it'2ii~ a _ - ---_.au 11(1--- Yoiici~ejs~; Yages 63 through tr$i for cti•aiuation criteria. Vag I I Ntr ITt Nn} Anntira 1. l: rnn.rw~er,u nr ,vv..v ~ sei,,,~..;,- i ~ ~ ~.H. ~ ~ ~u.,r~ ue i w v. i r~ ~uy~