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Home My WebLink About1000-10.-3-22 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY M~HING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fox: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To: James King, President Town of Southold Board of'Trustees From: Mark Terry, Principal Planner" LWRP Coordinator March 17, 2008 Request for Wetland Permit for PIRATE'S COVE MARINA, INC SCTM# 10-3-22 Date: Re: PIRATE'S COVE MARINA, INC. requests a Wetland Permit to reconstruct straddle hoist piers and facilities at the southwesterly comer of the boatyard. Located: Off Peninsula Rd. in Inner Harbor, Fishers Island. SCTM# 10-3-22 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 CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. It is recommended that the following be applied to further the below listed policies. Policy' 5. Protect and improve water qaality and supply in the Town of Southold. 1. Minimize the use of chromated copper arsenate (CCA) treated wood in the construction of the structure pursuant to § 275-11. B,1 (fy Construction and operation standards below. (D In order to prevent the re[ease o~metals and other contaminants into the wetlands and waters of Southold, the use of lumber treated with chromated copper arsenate (also known as "CCA "), creosote, penta products or homemade wood preservatives is prohibited for use in sheathing and decking. Preservatives of an), O,pe, including but not limited to those listed above cannot be applied to any bulkheads, retaining walls or revetments after installation. Encapsulated pilings or native nonchemically treated (untreated) lumber only should be used in sensitive areas. 2. Require the installation of a silt boom (where feasible) pursuant to § 275-11. (2) Construction and operation standards below. 2) Erosion control. Installation of an erosion control structure is necessary during any building, grading, landscaping or site work activity within Trustee jurisdiction. This structure may include, but is not limited to, installation of a silt fence, hay bales, wood chip berm and silt booms. The placement of the erosion control structure(s) shall be determined by the Trustees or their designee. All intertidal construction and excavation requires the installation of a silt boom that will retain all suspended sediments within the immediate project area. It is also recommended that the Board require the site be updated to improve drainage as per Chapter 236 Stormwater Management. 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 · Town of Southold 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 for 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 Southotd Local Waterfront Revita}ization Program. A proposed action wilt be evaluated as to its significant beneficial and adverse effects upon thc 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. Thu~, each ar~er must be explained in detail~ listing both supporting and non-supporting facts. If an action cannot be certified as consistem with the LWRP policy standards and conditions, i_t 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 DepartmenL at} local libraries and the Town Clerk's Office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 - 0010 - 3 - 22 PROJECT NAME: LIFT WELL RECONSTRUCTION, PIRATE'S COVE MARLNA, INC. The Application has been subm'~,~ed to (check appropdaW response): Town Board Planning Board __ Building Dept. Board of Trustees _X 1. Category of Town of Southold agency action (check appropriate response): a) Action undertaken directly to 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: X Nature and extent of action: Reconstruct straddle hoist piers and facilities at the southwesterly comer of the boatyard. Location of action: Site acreage: Present Land use: Peninsula Road on Inner Bay / Pirate's Cove Parcel = 2 +/- Commercial Present Zoning Classification: Commercial 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: Pirate's Cove Marina, Inc. b) Mailing Address: P.O: Box 365, Fishers Island, NY 06390 c) Telephone number: Area Code (631) 788-7528 d) Application number, if any Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes X No __ If yes, which state or federal Agency? US ACOE, NYS DEC Evaluate the project to the following policies by analyzing how the project will further support of 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 eom~. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section HI - Policies; Page 2 for evaluation criteria. X Yes __ No __ Not Applicable This facility rehabilitation project makes appropriate use of an existing waterfront access dock system and complies with environmental design factors published by the NYS DEC,. and the DOS Coastal Management Program,. Southold Local Law No. 6, 2004 and the Southold LWRP. The pier will follow its existing, long-standing alignment and clearance over the bottom sediments. There will be no impairment ofwaterflow or navigation. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southoid. See LWRP Sec,ion Ill - Policies Page3 through 6 for evaluation criteria. __ Yes __ No X Not Applicable 2 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 X Not Applicable There will be no significant change to aesthetics in Inner Bay / Pirate's Cove. NATURAL COAST POLICIES Policy 4. Minim~e loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria. __ Yes __ No X Not Applicable There will be no changes to flooding characteristics of Inner Bay / Pirate's Cove associated with this project. The lift well reconstruction is to existing structures on the site. There will be no erosion- inducing activities. Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria. Yes __ No X Not Applicable This project will not have any affect on suitability of or availability of drinking water on Fishers Island. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pagc~ 22 tbroug~ 32 for evaluation criteria. X Yes __ No __ Not Applicable This proiect is consistent with this policy because it maintains th~ configuration and elevation of the existing straddle hoist facilties at an acceptable height above the bottom sediments. In addition, the NYS DEC prepared a study showin~ that the proposed pressme~treated Southern Pine timber products construction materials are suitable for this type of project in this location, except for decking which will be of untreated woods or plastic materials. AS mentioned earlier, the design parameters shown on the drawings provides an optimum balance bet~cca acceptable design and access standards and maintain opportunities habitat to remain as is. Studies indicate that structures spanning the water column provide for habitat diversity. Policy 7. Protect and improve air quality in the Town of Southold. Policies Pages 32 through 34 for evaluation criterim Yes No X There are no air quality issues related to this project. facility. See LWRP Section III - Not Applicable No cw5ssions will be ~a'ated by the dock Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. __ Yes __ No X Not Applicable There is no solid waste or hazardous substances to be generated from this proiect. The pressure-treated wood trimmings from the dock construction will be collected and disposed of in accordance with current regulations so as to minimize any harmful affect. 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 evaination criteria. X Yes __ No Not Applicable This proiect is at an existing commercial marina~ The public trust lands and waters constitutes the area between the mean high water line and mean low water line and the resources are from the high tide line, out. These environmental resources are being protected by the design standards dictated by the NYS DEC. There is extensive use of the waterfront in this area and the reconstruction of the pier at and waterward of the apparent high water line are intended to continue to provide this kind of access. 4 WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. Sec LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. X Yes __ No __ Not Applicable This proiect is to rebuild and modify an existing wood pile and timber lift pier for water-dependenl. recreational a~nd fishing vessels. This usage is defined as water-dependent in the LWRP because the pier supports boating. The reconstruction is to replace the existing structure to make way for a new 25-ton lift at the bom yard. Policy 11. Promote sustainable use of living marine resources in Long Island Sound the Peconic Estuary and Town waters. See LWRP Section IH - Policies; Pages 57 through 62 for evaluation criteria. Yes __ No X Not Applicable This pier is not used for commercial fr~hing or shellfish industries or enterprises although some fishing vessels may be maintained this facility. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section II1 - Policies; Pages 62 through 65 for evaluation criteria. __ Yes No X Not Applicable This pier is not used for or in support of any agricultural or aquaculture industries or enterprises. Policy 13. Promote appropriate use and development of energy and mineral sources. See LWRP Section 11I - poLi¢i_~; page~ 65 through 68 for evalua*__ion criteria. Yes __ No X Not Applicable This pier is not used for or in support of any energy or mineral mining or processing operations. PREPARED BY: Keith B, Neilson, P.,[,, Docko, Inc._ TITLE_Agent DATE February 18, 2008 FEB 2 5 2008 N/F PI~OPER'Pr' -o~ ~OT/~ -~-- 17 LOCATION I I I I h 1. ELEVATION DATUM IS/Nc~,,~;~ENT ME, AN LCTqV H ~CON~T~UCTiONII 2. DOE DATA I~ TAKEN FI2OM ~ NO, a~ TILDE TABLES 12EF'EP-ENCE: ~T ~. DNE. 4. ~JE~ ~. ~ ~ N~ CO~ ~U~. /NDJOININ~ 1:~O1:::~1~"~' ~T: DOI::'.OTHY and LEWI~ DEER HILL I~T. DDIN~, CT ~:~UDDER BOX 16 Ft~HE~ I~LAND, NY PROJECT: ~Tt~I:DLE HOIST PIETY, I~ECON~TI~,I. JCTION LOC..AI'~ON: FI~HEP..~ I..E~..AND - TO'vVN of' .'5OUTHOLD E, UFFOLK: COUNTY, NE'A/YORK "A/ATERX,VAY: ~RATE.~ COVE - WE.GT HAP. E50-.~. DATE: FEBI2UARY 1~, 2OO~ A,~ENT: SHEET 1 OF 4 Kelth E~. N~ll~on, ~ b'72 &.~39 F,~< 860 572 75~5~ EM.~L: doc~o(~net.ne~' WOOD DECK ALONE BULKHEAD Id P-AMP FLOAT FINGER FLOAT PRIVEWAY PA~N¢/BOAT ~ · - ~B-OFF Om) EXIBTIN~ LIFT WELL and EXTENDED MA~NA OFRCE/~HOP N/F I:::~OPERTY o¢ :51NCL.AIR F_~.XISTIN~ CONDITIc I I I I GRAVEL RER TO BE RECONSTRUCTED and EXTENDED WOOD PIL~ and TIMBER PIER BOTTOM: SAND, 51LT and MUD PP~DJECT: I AHWL ALONE FACE of CONCRETE WALL. dR-OAT ¢ LOCATION: FI~HB~ ICLAND - TOWN cE,~DUTHOLD ~UFIzOLK COUNTY, Nb-~V YORK '¢¢ATEk~VAY: I::'Ii2~,TE..~ COVE - ~v'E~T DATE~: FEBRUARY 15, 200¢ /NoI2LIC,~NT: ~12~,'f~ C;OV~ M/N~INA ~HE~i' 2 OF: 4- EDOCKO, INC. EMAIL~ I::~ROJECT: bOCA, DON: FZ~L,.~,,N VIIi~W DOCK-O, lNG. I'm~'~c. CT 0~355 E~I..~ O - TC~vN o~ .~oL.rI'HOL.ID COUNTY, NEW ¥01~4 EXJSltN~ FLOAT I;~EL.OGATED, 12-E~ON~TI~Uo. fI=I.,P~nd RE..~"FR~NT RtE ~KTENDF_--D I~E~ON~,TI2,Uo I p_O and EXTENDF_,LP ~' WOE LIPT tVEU_ PiEl~ NEW' ~TEEI- ANGLE NEVV W, AI..kq/VA Y/LANDIN~ 4.2.4N / 2.5' IMDE ~V~,AY I..~A!D.~DE NEV¢ 12¢~1L ON and UFT NE~V ,,CCqGLE ¢ TEE& Cr~a) ~R, OJEGT: ~T~-v~OI ~ HOIST Pl¢t~ 12J~CON~TI2.UG-TION ~UFRDLK COUN"F'K, NEW WATER'~VAY: RRATC¢~ COV~ - V'CBST DA'I"~ ~¢.B P-.UA,~:~ 15, 2008 ,~c:~pU~ Pll;~"f~-~ C. X2VE MANNA R.~'-~EP-,G IE, LAN O -TO~VN g ~=OUTHOLD Number of pages ~-~ TORRENS Prior Cfi. # , · D~dl Mortgag~ Instmmem D~exl. / Mo~xgage Tax Stamp RECORDED 20~20c~ 10 04:41:02 Ec~ard CLEPJ( OF L D0OD12214 Rf~cord.ing / Filing Stamps Pag~ / Filing~Fee Handling TP-$84 No;ation EA*52 17 (County) EA-52 I? (State) ILp. T.S.A. Comm. of Ed. Affidavit Reg, Copy O~her ,, Sub Total 5 09 , 56 1~, Property Tax Service Agency V'rification I :' DiSc I000 I. Basic Tax 2. Addittonnl Tax Sub Total Spec.lA=sic Ot Spec. lAdd. TOT. MTG~ TAX Dual Town Dual County Held for Apportiomuent , , Tra~ fer Tax Mansion Tax Thc propot~y covered by this mortgage is or will be Improved by a one or two family dwelling only. YES__or NO If NO, see ~opropria~ tax claus~ on page # ofthis imtrument. I eCti°h [ Bl°ckI L°t I ConMd~r'ti°n Amount $ 072.00 02.00 002.001 CPF T~ Due $ DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION, made the~0~day of ~ 2002, by Wilham J. Baxter, Ji. ami Jane Baxter Goeller, residing at 6915 Harbor Circle, Sailfish Point, Stuart, Florida 34996, hereinaf~r referred to as the Declarant. Ygl{EtI.EAS, the De~lurant is the owner of cel't~a real property situate at (Jregoa Road, Chatchogae, Town of Southold, County of Suffolk and State of New York, known asSCTMg 1000-72-2-2.1, and WHEREAS, the. Declarant has made application to the Planning Board of the Town of Southold for approval ora two lot minor subdivision known as "Minor Subdivision for Baxter Sound Estates", as prepared by Joseph Ingegno, Licensed Surveyor, and to be filed in the Suffolk County Clerk's Office; and WHEREAS, for and in consideration of the granting of subdivision approval, the Planning Board of the Town of Southold has requked a covenant that the driveway be used in common for both lots and that the owners of said lots shall be responsible to maintain the roadway and that any steps on the bluff have appropriate permits, and that bluff protection measures be implemented during and after conslruction, and as a condition of said approval, the Planning Board has ,equired that the within Declaration be recorded in the Suffolk County Clerk's Office, and WHEREAS, the Declarant has considered the foregoing and detemained that tl~e same will be for the best interest of the Declarant and subsequ~t owners of said parcels. NOW, TI-IEREFORE, THIS DECLARATION WITNESSETH: That the Declarant,. for.the purposes of carrying out the. intentions above expressed, does hereby make known, admit, publish, cove ~na~t aud agree that the premises described ha Schedule "A" annexed hereto shall hereat~ be subject ~o thc.following covenant which shall nm with the land and s~all be binding upon all purchasers and holders of said premises, their heirs, executors, ~egat ~ives, distr~ut~% successors and assign, to wit: 1. Lot~.l and 2 shall share a common driveway from Oregon Road to the sou~erty boundary of Lot 1 as shown on the map. The owner of Ih, property now or formerly of Gallagher located between Lots 1 and 2 (the Oallagher property), shall have a right of way for ingress and egress over said driveway from Oregon Road northerly to Lot 1, and then easterly, as set forth in deeds of record. The common driveway for Lots 1 and 2 shall include the turn- around area at the southwesterly comer of Lot 1 as shown on the Map. 2. The common driveway shall be constructed by the Declarant in accordance with the requirements ofthe Town of Southold Planning Board. Thereal~e~r, Lot 1 'and 2 shall have the obligation to maintain the driveway and to share equally ia such expense, one-half of such expense to be attributable to each lot, subject to any rights of contribution from the Galtagher property. Maintenance shall include idling pot holes and irregularities as needed; periodic scraping or resurfacing; plowing for snow removal; and such other routine maintenance and driveway repairs as are necessary to maintain the driveway, as constructed in accordance with applicable Town of Southold Plamfing Board specifications, in good condition. The max/mm speed pemfitted for the driveway shall be 15 mph, or as otherwise agreed by the ovra~rs of Lots 1 and2. ~000 ~ection )72.00 ;lock ~2.00 DECLARATION OF COVENANTS AND RESTRICTIONS BAXTER PROPERTIES, INC., a NeW York Corporation having its principal office at Main Road, cutchogue, New York, hereinafter refer~ed to as the "Declarant"; Wf~ .E~S, the Declarant is ~h~ owmer iR fee ~imp~e of a certain pa~o.el of Land situate~at Cutchogu~, Town of South~ld, County of Suffolk and State of N~w York, and designated on the Suffolk County Tax Map as District lO00, Section 072, Block 2, Lot 2.1, being the premises described in deed r~corded in the Suffolk County Clerk's Office on 9- 19-55 in Liber 3975 at page 263, a metes and bounds description.of which is shown on Schedule A attached hereto and made a part hereof, hereinafter referred to as the "premises". WHEP~AS, the Declarant intends to subdivide said premises for residential purposes and desires to subject said premises to certain conditions, covenants and restrictions in order to preserve the maximum open space, natural scenic beauty and natural vegetation and to prevent overcrowding and to conserve the ground water resources of the Town of Southold, and WHEREAS, the Declarant has applied to the Planning Board of the Town of Southold for approval of the subdivision of the premises as a Minor Subdivision, to contain not more than two (2) lots or parcels, NOW, THEREFORE, the declarant does hereby declare that the aforesaid premises and every portion thereof is hereby held and shall be conveyed stubje~t to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises or any portion thereof, by the a~g=eptance of a deed thereto, cove,%ants a~d ag~s that the pr~mtses so pur~_ased shall be held subject to the covenants, conditi6ns and restrictions hereinafter ~et forth. t. No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized by the Southold Town Planning ~ard. 2. Clearing and grading within each lot shall be limited to that necessary for siting and constructing a house with the intent of preserving as much of the natural vegetation on the site as possible. Limiting clearing and grading will minimize runoff and erosion. 3. No new structure or sanitary disposal facility with the exception set forth in Paragraph 4 below shall be constructed or otherwise located between the highwater mark and the 100 foot setback from the top of the bluff as shown on the map. 4. Access to the beach down the face of the bluff shall be only by means of a suitable St structure. The structure sh~l be designed and constructed in a manner t~at will result in the least threat to the stability of the bluff and must be in accordance with alt applicable permits. within 50 feet of the top edge of the bluff there shall not be any grading excep% that which may be necessary ~o contro] or remedy erosion or to prevent stor~r~ater from flowing ~ver the edge of the bluff. Clearing and cutting within this area shall be limited to that necessary for proper maintenance and removai of diseased, decayed or dead material and obnoxious plant species. Such clearing and grading shaI1 be subject to. review by the Town Plannin~ Board to insure- proper maintenance and preservation of the natural buffer. No stormwater runoff resulting from the development and improvemen~ of the subdivision or any of its lots shall 5e discharged down the face of t~e bluff. These covenant~ and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. ~ALL ~t ~er~ain·plot, piece o= parcel of land situate, bounde~ ~d d~or~b,~ as foll~s~ at a monument set in the northerly ,~oad, which point is intersected by of F. O~ ~.tnute~ 40 seconds'East measuring 224.88 czdi~a.r~.~ighwater =ir1% of Lond Islaff5 forme~.o,f Michaol'Uallagl~er; running de~rpe~,~6,m.fnutes'~40 s.econd$ Eas~, along to · ~0~ or d~rees said BAXTERS2 3. No stairs shall be erected on the bluff area of either Lot without permits required from all applic0ble agencies and municipal authorities having jurisdiction over the bluff areo. 4. That no applicat~on for a l~iMing t~lmit for a single family resiflence on Lot 1 or Lot 2 shall be issue~l unless such application ~ncludes provision for the installafiorr ot~,bluff stabilization landscaping on the bluff slope of said lot in accordance with Bluff PlAnting Plan prepared by 8~maels a~t 8tcelz!aga datecl Jllly I'~, Z002~ or as oth~r~iso amended. By the Planning Board if reques~ By ~ owr~r~ ~ of'the Lot, and untit'the.Plarmins Bt}md approve~ a sct~:lule for ptarr~g and implementation ofthe BluffPtanting Blah c0ordinated~wlth comtmction ma. the lot, No Ce~ifieate of Occupattcy slaall be issued for such residence until the eompletima of such planting together with such measures as the Planning Board may require to ensure establishment and maintenance of the plant material. 5. No structures are to be located within the 100 foot setback from the top of the bluff unless approved by the Planning Board. 6. No trees which are located outside of the building envelope and which are greater . than 6 inches diameter measured at breast height may be removed prior to approval of the '~ Planning Board. 7. Prior to construction on either of the lots, the limits of olearin~ on such 10t shall be staked, and hay bales shall be placed along the limits of cleariag on such lot as an erosion control 8. The Declaration of Covenants and Restrictions dated March 1, t991, recorded in Liber 11229, page 24 remains in fall force and effect, except as specifically modified by this Declaration. 9. Thes~ covenants and restrictions can be modified only at the request of the then owner of either lot with the approval of a majority plus one of ~e planning Board of the Town of Southold after a public hearing. The property owner of the other lot in the subdivision shall be enl/fled to noli~e mmh public hearing but his consent to such modi~cation shall not be required. tN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration the day and year first above written~ ETATE OF ~ VO~, CO~TY O~ S~FO~ On ~e ~ . ~y 0f~ ~ ~e ye~ 2002, before me, ~e ~dersi~ a No~ Pub~e ~ ~d for ~ S[~, ~rsonally ~d Willim J. B~er, Jr., ~so~ly ~om m me ~ prov~ to me on ~e basis of sa~cIo~ e~d~ce ~at ~e e~ ~e s~e M ~ ~ci~ . ~d ~t by his si~e on ~e ~en~ ~e ~du~, or ~e ~n or enfi~ upon ~f of w~ch ~e ~di~d~ ~d, ex~ut~ ~e ~ On ~ / ~y of ~ ~ ~e ~ 2002, ~fore me, ~e ~der~e~ ~o~y ~pe~ed J~ B~TER GOELLE~ p~or proved ~ me on ~ b~is of ~o~ e~ce to ~ ~e ~du~ ~ose ~ is subs~ ~ ~e ~ ~mt ~d ~owt~ed to me ~at ~e execut~ ~esme ~ hg ~a~ty, ~t by hgsi~ on ~e inme~ ~e ~d~ or ~e pemon u~n beh~f of w~ch ~e ~v~ ae~, ex~uted ~e i~, ~ ~ such ~vid~ ~e ~eh app~ce ~fore~e ~d~ ~ ~e Ci~ of ~ ~Jar~ Co~of ~ ~~ ,S~teof re/c&rdri~ Signature and Office of individual taking acknowledgment (Notary Public) SCEIEDULE A D~ON OF PI~ffPEE,TY .Al!i.~tha~t certain plot.piece or parcel of lanO, situate, lying and being in th~ Town of SOL'OLD, a~ CUTCHOGUE, Coamy of SmTolk and StateofNew York, b~ing bounded and/desc~bed as fol{ows: ~G~G, at, a. po~ on the no~dierly side of Oregon Road sa~d point being distant 't,10IZ00 tm in:om or loss westerly from thc northeasterly end of Bridge L~ne~; THENCE .the northerly side of Oregon Road, south 51 degrees 44 I. [I I,~[,L along said lands.: 06 minu[es 40 so'corals cask 557.55 cas~,. 70'.96.~'eet; '114 EN(.,I'~ nortl, 47 hillh '~,y. atcr ]~IlC. o.f'lhx: L~)ng Island ~JE:lt.l,I ER.: :20 ~feet of 1: ~t'~c'~ a~;d~ o~er."~l.eg" 04' premises ~ ~d~ :~d 30~md~. xv~st. ~0.28 bc:t to a monm~ and l~ds ho~ Ill~'~'., ,]~sa~t a~ds ~o~h47d~ ~4~~on~ ~ 114832 ~ot, Iii ,I; nofl~l 31 dcgrcc~ 44 mmut~ 30 ~0~ ~t, I8ff~ ~, ~ sou~ 47 cl~,[~E¢¢~'fi'n~lbg ~seCOl~d~ We~; 170.38 ~; ~).~m 47 ~s; ~9 ~ 00 ~n~ ua~l, 'P[,28d')E Ibct ~o IbC northerly s~eof Or~on Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such modification shall not be required. IN WITNESS WHEREOF, the Declarant has hereby executed this Declaration of Covenants an~Restri~t~ns the day an~ year first above written. lie OF NEW' YORK ~nty of Suffolk EDWARD P, ROMAINE.ClerkoftheCountyofSuffolkandOlerkoltheSupremeCourtoftheState of New York in andfor said County lsaid .Cd3u r~ being a Court of Record) DO HERE~Y CERTIFY that I~have compared the annexed Copy of/~-~Z~.~,~' ~ ¥ F_ _ J and that it is a just and true copy of such orrginal /,-c~..~.,z.~c..-- and ' of the whole thereof. -' iN TESTIMONY WHEREOF, I havehereuntosetmy hand'andaffixedthesealofsaid County and Court this ~ dayof 5,~ c~,_.~c.c-- 19 ~'"'e · ~ ........................................................... ~'lrl 1~o. 104 ~z-me,,~;~se~,~ LEWIS TOPPER 3605 CAMP MINEOLA ROAD, MATTITUCK SCTM # 1000-123-6-13 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 determination of consistency. *Except minor exempt actions including Building Permit 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", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions, l fan 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 Southotd's website (southoldtown.northfork.net), the B~d:;ofTrustees Office, the Planning D~i>a{q:ment, all local 1 braries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 - 123 - 6 - 13 5,~ ' ..... The Application has been submitted to (check appropriate response): , Town Board Planning Dept. Building Dept. X Board of TruStees 1. Category of Town of Southold agency action (check appropriate respon~e):~- ~ (a) Action undertaken directly by Town a~ency (e.g. capital construction, planning activiW, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: DEMOLISH EXISTING I AND 2 STORY 31' X 49' FRAME HOUSE LOCATED 15' NORTH OF EXISTING BULKHEAD AND CONSTRUCT A NEW 18' X 60' 2 STORY DWELLING 40' NORTH OF THE BULKHEAD; RELOCATE AND RENOVATE THE 18' X 37' ACCESSORY STRUCTURE PRESENTLY LOCATED 126' NORTH OF THE BULKHEAD TO 154' NORTH OF THE BULKHEAD; ABANDON THE EXISTING SEPTIC SYSTEM LOCATED <100' FROM THE BULKHEAD AND INSTALL A NEW SEPTIC SYSTEM 125' FROM THE BULKHEAD AND 141' FROM AHW; INSTALL DRYWELLS FOR CONTAINMENT OF STORMWATER RUNOFF; CREATE 10' NON-TURF BUFFER LEWIS TOPPER 3605 CAMP MINEOLA ROAD, MATTITUCK SCTM # 1000-123-6-13 Location of action: 3605 Camp Mineola Road, Mattituck Site acreage: .76 acrs Present land use: sinflle family dwelling] and accessory structure 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: LEWIS TOPPER (b) Mailing address: 220 East 66th Street Apt 19G~ New York~ NY 10065 (c) Telephone number: 718-229-1113 (d) Application number, if any:. Will the action be directly undertaken, require funding, or approval by a state or federal agency? Ye._.~s No If yes, which state or federal agency? NYSDEC DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southoid that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. Yes No Not Applicable The proposed action is to be conducted on an improved site. The proposed renovations and alterations are consistent with action taken on many pamels throughout the town. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes No Not Applicable The proposed project is not located near any historic sites or districts Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section Ill - Policies Pages 6 through 7 for evaluation criteria Yes No Not Applicable The subject site is already developed with a single family dwelling. Policy 3 has no relevance to the proposed action. LEWIS TOPPER 3605 CAMP MINEOLA ROAD, MATTITUCK SCTM # 1000-123-6-13 NATURAL COAST POLICIES Yes No Not Applicable The proposed actions will be undertaken in accordance with current FEMA and NYSDEC standards which address and prohibit conditions that are conducive to flooding and erosion._ Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria Yes No Not Applicable The subject site is developed with a single family dwelling and non-conforming septic system. It is proposed that the existing septic system be removed and a conforming septic system be installed thereby reducing any effect to the wetlands by a non-conforming sewage treatment system. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes No Not Applicable Creation of a non-turf buffer, installation of drywells and upgrading the septic systems are actions that contribute to protection and/or restoration of wet/ands Policy 7. Protect and improve air quality in the Town of Southoid. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. Yes No Not Applicable It does not appear that Po/icy 7 is relevant to the proposed activity. Policy 8. Minimize environmental degradation in Town of Southoid from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. Yes No Not Applicable The subject site is developed with a sin,qle family dwellin,q, Any solid waste, etc. is disposed of at the Town landfill. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes No Not Applicable Undertaking the proposed activity will have no impact on public access to, and recreational use of, coastal waters, etc. LEWIS TOPPER 3605 CAMP MINEOLA ROAD, MATTITUCK SCTM # 1000-123-6-13 WORKING COAST POLICIES 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 Policy 10 is not relevant to the proposed activity on a residentially developed lot. Policy 11. Promote sustainable 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 Policy 11 is not relevant to the proposed activity on a residentially developed lot. 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 Policy 12 is not relevant to the proposed activity on a residentially developed lot, Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes No Not Applicable Policy 13 is not relevant to the proposed activity on a residentially developed Iot~ SUW. VtE'f' OF: PP-.,OPERT"r' SITUATE, HATTITUC, K TOHN: ~::)UTHOLD ~UFFOLK C, OUNTT, NY SURVt~D IO-II-2OO-/ UPDATE 2-06-2008, 2-11-2008, 2-15-2008 SUFFOLK. GOUNTY TAX I000- 123- 6- 13 TO: ~GARET ~A~L ~AN~ OF AIg~CA, N.A. ~:~T P~.~CAN TITLE CO~.~A.N~ OF NEW YO~ ORAINA~E GALCULATIONS~ ROOF (DI, f_LLINS) DI/',IELLIN® ROOF APdA IIq5 S,F. Ilq5 X 0.1.1 X 1.0 = 20D C,.F. 203 / 42~4: 4.81 ¥£.F. R56~IRSD 2 8'-0" DIA. X 3'--0" DEPTH DRAINA~ POOLS 6 V.L.F. FB~.OVI[~ED ROOF 6ARASE ROOF AREA 69 S.F. 630 X 0.1.1 X 1.0 = 10-1 ¢.F. 101 / 42,24 = 2.54 ¥.LF. I 6'-0" DIA. X 3'-0" DEPTH DRAINAGE POOLS 3 Vi.F, Pt~OVIDEO NOTES: HONUHENT FOUND ELEMATIONS REFERENCE SUFFOLK C, OUN'r'f TOPO PIAP5 FLOOD ZONES AS ANNOTATED FROH FIRH HAP No. :B610~7,0482 H DATED HAY 4, Iqq6 AREA = 3D,126 S.F. or 0.-160 AP. DA EXCLUOIN~ AREA SEAI.',tAt:~D OF THE ~LK~ D2D~ 5.F. P~-.OPOSRD AC, TIONS IN ~E~ DATA: SEPTIC SYSTEM E)~TAIL NOT TO SCALE F JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 I-IF, A, N.Y. 11901 369-8288 Fax 369-8287 REF.\\Compaqservefipros~05x,05-350 srrEPLAN FOR HD.pro ,( D- ~ALE S ~NMIhlf SITE PLAN Scale: 1" = 60' Not a Survey. Adapted from ~urvey prepared by Joseph A. lngegno Land Surveyor. last dated 4/17/200Z SITE PLAN DETAIL Scale: 1" = 30' Not a Sur~ey, Adapted from ~urvey prepared by Jo.*eph ~4. lngegno Land Surveyor, last dated 4/17/200Z Suffolk Environmental Consnl~ i'ne~ Phono: (63t) ~37- 6160 , Fax: (631) 637 - 6291 DATE: SCALE: DRAWN BY: COIdl~NT8: 8t2612007 as noted wp ,, Preoamd for reaulafon~ submission I ov 3 PROJECT NARRATIVE IFO..., ~---'~ ..-~' '~ · Ir~lepl~dmMe~l~911n~'feetofe~em~nmtt~t~es~a~.fnceo~l~e · Intuit m a~ce~ stdnmy e~andlng tram the top e~ me, TYPICAL STAIRWAY CROSS-SE~ HON No Scale GIRDL:K ~.~,~ BULKHEAD DETAH. · :~]o: 1" ~ 2' Timer lrollow Vinyl Sheathia! PrK~md ~mber gale~ Pt~md ~imber Pile STAIRWAY PROFILE Scale: 1" = 10' TYPICAL EX.,C. AVATION PR.O, FILE Pr~d Im o! hdtfill 3,1' lo JdLV I¢3~.ER PROPF. RTY BLUFF STAIRWAY & REVETMENT PLANS OF BULKHEAD & STONE ARMOR CROSS SECTION Scale: 1" = 2' Propued flR~r Cloth (e.I, b4rld) Prowo~l Timbe~ Top Cap (2' x 12') · I*rop~ed Timber filer (6' x 6'} (12' dia. x 14' Ion~ Ibbn~ ~sed Cai) Stone RETURN CROSS SECTION Scale: 1" = 2' 13' lo ]fBI 3¢' 1o ]fL! ~$' to ]f]lV ~V]f Ton hnl,J ired ~'Jlbr ldlr q~d'l'ktbr Hh (12' dlL z W bsf) KEBER PROPERTY BLUFF STAIRWAY & REVETMENT PLANS 3 OF 3