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HomeMy WebLinkAbout1000-35.-8-5.3 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD 5:IEMORANDUM Date: January 14, 2007 To: Board of Trustees From: Mark Terry Principal PlaTmer~ LWRP Coordinator Re: Request for Wetland Permit for Summit Estates I have received your request for a LWRP Consistency Review of the above referenced application. This dock was originally permitted as a private residential dock, with two pelmanent and two guest spaces. Note that the dock structure is affected by filed Covenants and Restrictions Liber 1506 page 131. Clause 11 prohibits any dock expansion "except by permission of the Southold Town Planning Board after a public hearing." There have been requests in the past for such expansion and the proposed action has been denied, both by the Plamfing Board and the Board of Trustees (see attached). In addition the Plamfing Board resolution dated October 3, 2000, approving the final maps of the subdivision, states that "docking is confined to the T portion (the section that is parallel to the shoreline) of the dock". Relocation or reorientation of the pilings would allow for dockage of additional vessels, for which it was approved, and therefore violates the rcsolution and filed Covenant and Restrictions. Cc: Kieran Corcoran 2¸.. ~anasor, Ic PHX ¢,STEI1 F'HOItE IIO. No~. 17 19~5 06~PM P9 PROTECTIVE COVENANTS SUMMIT ESTATES Page g AND RESTRICTIONS !0. 12. Tke 9' wide strip of land parallel to Main Road (N.Y. State Rte. 25), as shown on the final ~bdiv~szon map zs to be offered for dedication to New York Stace, and is to be kept available for dedication in " A . . perpetu&~y, by the Romeowners seco&etlon for future highway ~urposes. The dock, and ~qy futur~ e~-Dansion of suck, canno~ be conveyed separately from-Lot Nc. 33 ezcem~ by pe,--r~ission of the Southold Town Planning Boa~d al%er a public hearing~ and if such conveyance shall be allowed, i~ shall be uo the owner(s) of the park and r~creation area only. The declarant _~rrants the continuing right in perpetuity to the Town of Sou~ho!d ~r any of its designated representatives to inspect any areas desi~a=ed as'eDen space, common ar~as or any s4~lar area described by a different nomencl~ture, so as to insure continued complianc~ with the covenants, terms and provisions designated hereia in regard to same a_~d ~ i~sure than such covenants, terms and pruvisions have not been violated. Declarant _Grants the continuing riqht in perpetuity to the Tow~ of Southold or an~y of its designated representatives ~ enforce the conditions and re~trictions of t~e Covenants as they relate to the open space, common area or any similar area described by a different nomenclature, and to take a~y legal action it deems necessa~-v to enforce the ccnditio~s and resLric~ioas of =h~ ~ovanan~s. These rights of inspection and enforcement shall be bindinq upon declarant, their heirs, eIecutors, legal representatives, distributees, successors, assi~s and transferees. ~AtTIN~EO ON PAGE I/~LANN'ING BOARD MEMBEI~ BENNETT ORLOWSKI, JR. Chairman WILLIAM J CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-3136 Telephone (631) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 3, 2000 Ms. Donna Geraghty 22655 Soundview Avenue Southold, NY 11971 Re: Summit Estates, Section 4 SCTM~1000-38-7-p/o 10 (a.k.a. SCTM#1000-35-8-5.3) Dear Ms. Geraghty: The following took place at a meeting of the Southold Town Planning Board on Monday, October 2, 2000: The final public hearing, which was opened on June 28, 1999 and was held open until October 2, 2000, was closed. The following resolution was adopted: WHEREAS, Gusmar Realty Corp. and Peter Mourkakos are the owners of the property known and designated as SCTM#1000-35-8-(5.4.5.18) & 38-7-(8-12) and 1000-38-7~p/o 10 (a.k.a. SCTM#1000-35-8-5.3), located off Shipyard Lane in East Marion; and WHEREAS, this proposed subdivision, to be known as Summit Estates, Section 4, is for one 4.3739 acre lot; and WHEREAS, in 1989, Gusmar Realty Corp. made an application to the Planning Board for a major subdivision of 35 lots on 40.822 acres to be known as Summit Estates; and Summit Estates, Section 4 - 10/2/00 - Paqe TWO WHEREAS, after the Planning Board granted preliminary approval to the subdivision application, the Planning Board allowed the applicant to proceed with the final submission in four separate sections (Section 1: Lots 1-10, Section 2: Lots 11-23, Section 3: Lots 24-32 and Lots 34-35 and Section 4: Lot 33); and WHEREAS, the Planning Board granted final approval to Summit Estates, Section 1, on October 4, 1993; and WHEREAS, Summit Estates, Section 1, contained 10 lots on 17.5036 acres, in addition to three (3) parcels of Open Space (Parcel A, Parcel B, and Parcel C) and one (1) parcel for a Park and Recreation Area (Parcel D), all subject to covenants and restrictions contained in a Declaration of Covenants and Restrictions recorded as part of the subdivision approval; and WHEREAS, Condition Number 11 of the Declaration of Covenants and Restrictions for Summit Estates reads as follows: "The dock, and any further expansion of such, cannot be conveyed separately from Lot No. 33 except by permission of the Southold Town Planning Board after a public hearing, and if such conveyance shall be allowed, it shall be to the owner(s) of the park arid recreation area only." and WHEREAS, Lot No. 33 is the proposed lot which is now known as the pending application for Summit Estates, Section 4; and WHEREAS, the applicant asked the Planning Board to grant approval to Section 4, prior to granting approval to Sections 2 and 3; and WHEREAS, the applicant presented the information required to proceed with Section 4; and WHEREAS, the Southold Town Planning Board, after holding a public hearing, allowed the ownership of the dock to be conveyed to the Homeowners Association subject to five (5) conditions; and WHEREAS, the Planning Board has received notification that a revised Declaration of Covenants and Restrictions has been recorded, that a revised Homeowners Association Offering Plan has been recorded, and that the Town Tax Assessors have been notified of the change in ownership of the dock, all in accordance with the conditions of approval; and Summit Estates, Section 4 - 10/2/00 - Paoe Three WHEREAS, the Declaration of Covenants and Restrictions filed on the property confines docking or mooring to the "T" portion (the section that is parallel to the shoreline) of the dock in accordance with the conditions set by the Planning Board for the transfer of dock ownership to the Homeowners Association; and WHEREAS, the Planning Board recognizes that the dock is owned by the Homeowners Association, and not the individual members of the Homeowners Association, in accordance with the interpretation of Article i~I, Section 100- 31C(3) of the Zoning Code by the Zoning Board of Appeals in a decision rendered on May 11, 1993 (Appl. No. 4156); and, WHEREAS, only boats owned by the Homeowners Association, and not the individual members of the Homeowners Association, are allowed to use the dock for docking or mooring purposes, with the exception of up to two boats belonging to other owners which may also use the dock, in accordance with Article Section 100-31C(3)(a) of the Zoning Code; and WHEREAS, the authority to reserve or not reserve space for up to two other boats belongs to the Homeowners Association; and WHEREAS, it is the responsibility of the Homeowners Association to decide which boat gets to dock in the allotted space, if any is reserved; and WHEREAS, the number of boats owned by the Homeowners Association that use the T-portion of the dock is not limited at this time by any section of Town Code but is limited by the amount of space available; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on October 2, 2000; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final surveys dated April 9, 1999. Summit Estates, Section 4 - 10/2/00 - PaRe Four Enclosed please find a copy of the map which was endorsed by the Chairman. The mylar maps, which were also endorsed by the Chairman, must be picked up at this office and filed in the office of the County Clerk. Any plat not so filed or recorded within sixty (60) days of the date of final approval shall become null and void. Please contact this office if you have any questions regarding the above. Sincerely, Bennett Orlowski, Jr. Chairman cc: Building Department Tax Assessors LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 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 determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus~ each answer must be explained in detail~ listing both supporting and non- suoDorfin~ facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy oftbe LWRP is available in the following places: online at the Town of Southold's website (southoldtown.nortlffork.net), the Board of Trustees Office, the Pla~_)!g ~De~a~. gnt, oil local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION PROJECT NAME % ,--~,,.~ ,.-~, ~--~ *_c~. The Application has been submitted to (check appropriate response): Category of Town of Southotd 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: Site acreage:. Present land use: · C Present zoning classificatmn:__ If ~ appli~tion for ~e pm~ ~flon ~ ~ fil~ ~ ~e To~ of So~old agency, ~e fo~o~ng ~o~afion s~l ~ pro~d~: (a> N~e of ~Pli~tL ¢) Telephone nmber: Mca Code (d) Application nm~r, iffy: Will ~e action be directly ~de~en, req~e ~&g, or appmvfl by a state or federal agency? Yes ~ No ~ If yes, which mate or fede~ 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 POLIC~_ Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development- See LWRP Section III -Policies; Page 2 for evaluation criteria. Attach additional sheets if necessary Policy 2. protect and preserve historic and ~rchaeologiod resources of the Town of Southold. See ' LWRP Section HI - Policies Pages 3 through 6 for evaluation criteria [~ Yes ['-1 No ~ Not Applicable Attach additional sheets if nece~ary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Santhold. See Lwar Section m- Policies Pages 6 through 7 for evaluation criteria [] Yes ~ No ~-] Not Applicable ,, Attach additional sheets if neces~'y 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 Not Applicable Auach additional sheets if neceasary Policy 5. protect and improve water quality and supplY in thc Town of $outhold. See LWRP Section m _ policies Pages 16 through 21 for evaluation eriterin [] yes [] NO ['~ Not Applicable __ ,, __ t.~-- "' ~./~ x~ '~-~- v~ ~-~ , -- .~ I ~z- O ' -----,--------'-- A--~ach additional sheets if neCeasary · d function of the Town of Sour.hold ecosys!.ems including . '~ t and restore the quality an . . t xx~p on III - policies; Pages 22 P~l,cy 6. protec .......... .~-~:..,0 .. edands. See .~ .... Secti through 32 for evaluation eriterm. Attach additional sheets if necessary Policy 7. Protect and improve air qualily in the Town of Southold. See LWRP Section I11 - Policies Pages 32 throngh 34 for evaluation criteris. [] Yes [-~ No [] Not Applicable _ , . ,' ~ ... ,' Attach additional sheets if necessary · · ' al de radafion in Town of Southold from solid waste.and haza. rdous lic 8. Minimize enwronment g ....... p~,~ 3 +h ~,h 38 for evaluation criteria. Po y _ .q Section IH- ronc~ea, --~-- _4 .-rouo- substnncc~ and wastes. _ee LWRP I-lyes [-~ No [~"-~ Not Applicable.. ,. ~_~,o.~-(~ -~ ~ x°o-~_ ~,' PUBLIC COAST POLICIES to, and recreational use of, coastal waters, public lands, and public Policy 9. provide for public access See LWRP Section !]I -policies; Pages 38 through 46 for evaluation resources of the Town of Southold. criteria. [] y~[--~ No ~-'~ Not Applicable ~-~ -?L.*"~"'__ tO~,_.(_.¢o,~ o12 ~o.,~cxoc ..... additional sheets if necesstuS' WORKING COAti' POLICIIi;~ Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent ,,sea in suitable locations. See LWRP Section HI.- Policies; Pages 47 through 56 for evaluation criteria. r-] Yes ~ No ~ Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Pcconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~ Yes [] No ~-~ Not Applicable " ,,' Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. ~ Yes [] No [--~ Not Applicable lC~k/ ~oo;.~', ~ DOte-6 ~ ~ ~ Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section IH - Policies; Pages 65 through 68 for evaluation eriteria. [---] Yes r-] No ~ Not Applicable PREPARED BY %°~ ~%~ TOWN OF SOUTHOLD BOARD OF $OUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK ~ET LA NID.~ PERMI~T This Wetlands Permit No....4..5..3. ............ has t~een granted by the Town Trustees accordini. information furnished in Applica~on No. 534 --' '. - ~ · · -' Peter Fakirs (Gui .................... n e(] ny ~pp [cant ..................................... ..~-,ea~,.,t,~,,..C,.-°-T~-,'.). .......... on ..... ~..~ ............ ~ ...... 19,'.~,Z..,. A map of the proposed work will be i on file in the Trustee Office under the application number given, · Permit granted to do the fo oWna.'work ...?..o...c..o. nstruct 200~ x 4~ ,,~ ,~_~t. ...... x 6~ TtT~ to be secured b 3 '' ................................................. :y., ,., .6., ....................................... ...................................... Location of property on which work to be done ...... ~,hi.'~...a~....d....L...a~..,e.~...E..a. et M~.~o,.~ ......... i. Creek, Bay or Harbor frol~tirig prope .r~y Gaudiness Bay' . Size of work:- Length .. _.Z.00t .......... ' ... ' ' Height Above High Water 3' > .'~ Depth Below ow-Water ..... .~ ......................................................... Yards to be Filled ................. Manner in which material is to be removed or'~eposited --;__2 .............. Intended use of n~o,+,, Pz-iv~te M-1 -. . '' .................... ':' ' '" i .... ~" "'. -' .. Con i i ' Deletio= 0f the 17~ b ...... dune zs to be maintai-~ X17.8 X13.4 14.B X10.5 X3,¸ X8,~9 X6.7 ~(6.8 X2.7 5.5 X26 X5.6 X5.3~ X3.2 X5.8 GARDINERS