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HomeMy WebLinkAbout1000-31.-11-6OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD To: Jim King, President Town of Southold Board of Trustees From: Scott Hilary and Mark Terry, LWRP Coordinator Date: July 16, 2008 Re: Chapter 268: Waterfront Consistency Review Request for Wetland Permit for William F. Billman SCTM#31-11-06 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 us, it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. 5.4 Limit the potential for adverse impacts of watershed development on water quality and quantity. A. Protect water quality by ensuring that proposed expansion or intensification of existing watershed development results in: 2. maintenance of natural characteristics of drainage systems, and 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. D. Provide adequate buffers between wetlands and adjacent or nearby uses and activities in order to ensure protection of the wetland's character, quality, values, and functions. The adequacy of the buffer depends on the following factors: 4. Buffer width necessary to achieve a high particulate filtration efficiency of surface runoff as determined by vegetative cover type, soil characteristics, and slope of land. E. Maintain buffers to ensure that adverse effects of adjacent or nearby development are avoided: 1. Maintain buffers to achieve a high filtration efficiency of surface runoff 2. Avoid permanent or unnecessary disturbance within buffer areas. 3. Maintain existing indigenous vegetation within buffer areas. § 275-3 Findings; purpose; jurisdiction; setbacks. D. Setbacks. (1) The following minimum setbacks apply to any and all operations proposed on residential property within the jurisdiction of the Board of Trustees: (a) Wetland boundary. [1] Residence: 100 feet. § 275-11 Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (1) Drainage upgrade. Applicants for a permit for any form of construction may be required to upgrade the site's drainage system such that all surface water generated from impervious surfaces shall be kept onsite through infiltration or retention. Applicants proposing grading or filling operations will be required to submit a drainage plan for the entire site at the discretion of the Trustees. See § 275-6A (14) for requirements. (14) Drainage upgrade. At the discretion of the Board, non administrative applications may require submittal of a drainage upgrade plan. This plan must indicate how all existing and proposed on-site drainage from a two-inch rainfall is retained within the subject parcel landward of the wetland boundary. Retention can include but is not limited to infiltration or impoundment. All drainage plans shall show the calculations used to develop the plan. At the discretion of the Board said plans may require certification from a licensed engineer. § 236-13. Performance standards for approval of erosion, sedimentation and stormwater runoff control plans. A. The site erosion, sedimentation and stormwater runoff control measures shall be appropriate for existing topography, vegetation and other salient natural features of the site. The plan shall indicate that the development will preserve natural features, minimize grading and cut and fill operations, ensure conformity with natural topography, and retain natural vegetation and trees to the maximum extent practicable in order to create the least erosion potential and handle adequately the volume and rate or velocity, of surface water rtmoff. B. Site grading, excavation and filling shall minimize destruction of natural vegetation, the potential for erosion, sedimentation and stormwater runoff and the threat to the health, safety and welfare of neighboring property owners and the general public. M. Stormwater runoff shall not be directly discharged to surface waters, marshes and wetlands. Stormwater pollutants shall not be discharged directly into a wetland, but shall be attenuated by using holding ponds, sedimentation basins, perimeter berming, vegetated buffer areas and other measures that reduce flow velocity and increase storage time. Pollutants shall not be discharged into wetlands. In addition, any filtering devices constructed as part of the drainage system must be adequately maintained in order to function properly. R. Fill shall not encroach on natural watercourses, constructed channels, wetlands, or floodway areas. All fill shall be compacted at a final angle of repose which provides stability for the material, minimizes erosion and prevents settlement. U. Natural floodplains and major drainage swales shall not be altered or disturbed in a manner which decreases their ability to accommodate and channel stormwater runoff and floodwaters. If no practicable alternative to thc location of development, roadway, driveways, and similar surfaces within these areas exists, such facilities shall be sited and constructed to minimize and mitigate the amount and velocity of stormwater entering the channel, floodplain or swale and to approximate the original functions of the undisturbed condition. V. No land having a slope equal to or greater than 20% shall be developed or disturbed except for conservation measures or measures intended to remove debris which inhibits thc functioning of the swale, except accessways to shorelines approved by the Board of Trustees shall be permitted. Natural vegetation and topography shall be retained to stabilize soils and reduce the volume of stormwater overflow. § 236-4. Definitions. NATURAL WATERCOURSE -- The route farmed by natural processes, topography and geology leading to a natural watershed. NATURAL WATERSHED -- An area of land which, in its natural state and prior to any man-made change, and due to its topography and geology, drains to a particular location within that area. '00" TEST HOLE DATA s~,qD s~ SURVEY OF PROPERTY SITUA TED A T EAST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YOR S.C. TAX No. 1000-31-11-06 SCALE 1"=40' JUNE 29, 2006 JUlY 7, 2006 ADDED TEST HOLE APRIL 4. 2007 ADDED TOPOGRAPHICAL SURVEY SEPTEMBER 17, 2007 ADDED PROPOSED HOUSE 82'51' FOUND 88'22'50" W 64.60' NOTES: AREA = 96,494.56 sq. fl. (TO TIE L~NE) 2.215 ac. CERTIFIED TO: W]LLIAM BILLUAN 1. ELEVATIONS ARE REFERENCED TO H.O,V,D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS: J~ EXISTING CONTOUR MNES ARE SHOWN THUS: .... Io ..... ?~ - TOp OF CUF.~ 2, FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP No. 36103C0064 G 1 TANK; 8' LONG, 4'-$" WIDE, 6'-7" DEEP 2 POOLS; 6' DEEP, 8' die. Nathan Taft Cor~ Land Survey( PHONE (651)727-2090 Fex (631)7~, OFFICES LOCATED AT MA/LING AL OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD To: Jim King, President Town of Southold Board of Trustees From: Scott Hilary, LWRP Coordinator Date: July 16, 2008 Re: Chapter 268: Waterfront Consistency Review Request for Wetland Permit for William F. Billman SCTM#31-11-06 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 LWRP policy standards and therefore is INCONSISTENT with the LWRP. 5.4 Limit the potential for adverse impacts of watershed development on water quality and quantity. A. Protect water quality by ensuring that proposed expansion or intensification of existing watershed development results in: 1. protection of areas that provide important water quality benefits 2. maintenance of natural characteristics of drainage systems, and 3. protection of areas that are particularly susceptible to erosion and sediment loss 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 wi& statutory and regulatory requirements of the Sou&oM 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. D. Provide adequate buffers between wetlands and adjacent or nearby uses and activities in order to ensure protection of the wetland's character, quality, values, and functions. The adequacy of the buffer depends on the following factors: 4. Buffer width necessary to achieve a high particulate filtration efficiency of surface runoff as determined by vegetative cover type, soil characteristics, and slope of land. E. Maintain buffers to ensure that adverse effects of adjacent or nearby development are avoided: 1. Maintain buffers to achieve a high filtration efficiency of surface runoff. 2. Avoid permanent or unnecessary disturbance within buffer areas. 3. Maintain existing indigenous vegetation within buffer areas. § 275-11 Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (1) Drainage upgrade. Applicants for a permit for any form of construction may be required to upgrade the site's drainage system such that all surface water generated from impervious surfaces shall be kept onsite through infiltration or retention. Applicants proposing grading or filling operations will be required to submit a drainage plan for the entire site at the discretion of the Trustees. See § 275-6A 04) for requirements. (14) Drainage upgrade. At the discretion of the Board, non administrative applications may require submittal of a drainage upgrade plan. This plan must indicate how all existing and proposed on-site drainage from a two-inch rainfall is retained within the subject parcel landward of the wetland boundary. Retention can include but is not limited to infiltration or impoundment. All drainage plans shall show the calculations used to develop the plan. At the discretion of the Board said plans may require certification from a licensed engineer. § 236-13. Performance standards for approval of erosion, sedimentation and stormwater runoff control plans. A. The site erosion, sedimentation and stormwater runoff control measures shall be appropriate for existing topography, vegetation and other salient natural features of the site. The plan shall indicate that the development will preserve natural features, minimize grading and cut and fill operations, ensure conformity with natural topography, and retain natural vegetation and trees to the maximum extent practicable in order to create the least erosion potential and handle adequately the volume and rate or velocity, of surface water runoff. B. Site grading, excavation and filling shall minimize destruction of natural vegetation, the potential for erosion, sedimentation and stormwater runoff and the threat to the health, safety and welfare of neighboring property owners and the general public. M. Stormwater runoff shall not be directly discharged to surface waters, marshes and wetlands. Stormwater pollutants shall not be discharged directly into a wetland, but shall be attenuated by using holding ponds, sedimentation basins, perimeter berming, vegetated buffer areas and other measures that reduce flow velocity and increase storage time. Pollutants shall not be discharged into wetlands. In addition, any filtering devices constructed as part of the drainage system must be adequately maintained in order to function properly. R. Fill shall not encroach on natural watercourses, constructed channels, wetlands, or floodway areas. All fill shall be compacted at a final angle of repose which provides stability for the material, minimizes erosion and prevents settlement. U. Natural floodplains and major drainage swales shall not be altered or disturbed in a manner which decreases their ability to accommodate and channel stormwater runoff and floodwaters. If no practicable alternative to the location of development, roadway, driveways, and similar surfaees within these areas exists, such facilities shall be sited and constructed to minimize and mitigate the amount and velocity of stormwater entering the channel, floodplain or swale and to approximate the original functions of the undisturbed condition. V. No land having a slope equal to or greater than 20% shall be developed or disturbed except for conservation measures or measures intended to remove debris which inhibits the functioning of the swale, except accessways to shorelines approved by the Board of Trustees shall be permitted. Natural vegetation and topography shall be retained to stabilize soils and reduce the volume of stormwater overflow. § 236-4. Definitions. NATURAL WATERCOURSE -- The route farmed by natural processes, topography and geology leading to a natural watershed. NATURAL WATERSHED -- An area of land which, in its natural state and prior to any man-made change, and due to its drains to 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 Memorandum Date: January 22, 2008 To: Board of Trustees From: Heather Cusack Environmental Technician Re: William F. Billman SCTM# 31-11-06 As per your request of January 16, 2008 I have reviewed the above referenced application and site. The site contains stormwater infrastructure, with a street drain on N.Y.S. Route 25 attached to a concrete pipe, rocks, and a swale running north to south on the property from the road towards Marion Lake. See attached photos. The survey submitted to the Trustee Office on December 17, 2007 was surveyed by Nathan Taft Corwin III and last dated September 17, 2007. This survey does not show a correct wetland line in the swale area as described above. During a field visit of January 11,2008 I found indications of wetlands in this area. Indicators include the many mature Red maple (Acer rubrum) trees throughout the swale, and wetland soil types. In order to fully evaluate the swale part of the property for a more accurate wetland line a complete evaluation will be needed in the spring. A complete species list and soil indicators can be completed at that time. Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-.1~ BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only _~wOaStal Erosion Permit Application etland Permit Application _ Administrative Permit J __Amendment/Trans feir/Extensi°n ~eceived Application: t/ Received Fee:$o2~-D ~Completed Application __Incomplete __SEQRA Classification: Type I Type II Unlisted__ __Coordination: (date sent) .~CAC Referral Sent: ~gate of Inspection: --Receipt of CAC Rep0rti __Lead Agency Detem~ination: Technical Review: ~'~ublic Hearing Held: Resolution: Name of Annlic, ant 011. t/,~ r~ ~ R ~ F~U~ F -~ .... Address Phone Number /{) z-/70 Southhuld Town 8~ard of Trustees Suffolk County Tax Map Number: 1000- ,fi/-- //- ~ Property Location: /h~/'/P{ t~o~0 (~ ~.5. RT~. a~j ~rovid~LILCO Pole ~, dist~ce to cross streets~ ~ location) Phone: (If applicable) Address: ,..q"/0 .& O Board of Trustees Application Land Area (in square feet): Area Zoning: Previous use of property: Intended use of property: Prior permits/approvals for site improvements: Agency GENERAL DATA Date ~x 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: Project Description (use attachments if necessary): / Board of Trustees Application Purpose of the proposed operations: WETLAND/TRUSTEE LANDS APPLICATION DATA Area of wetlands on lot: 35 jg~l, ff square feet Percent coverage of lot: Closest distance between nearest existing structure and upland edge of wetlands: ~- feet Closest distance between nearest proposed structure and upland edge of wetlands: /o,o feet Does the project involve excavation or filling? No p-~ Yes .-q~h~-/- t'l~.lTol:o~/~gomd If yes, how much material will be excavated?f~ R£~agbic yards How much material will be filled? ~/~j~. fl~o~d'0ic yards Depth of which material will be removed or deposited: Proposed slope throughout the area of operations: Manner in which material will be removed or deposited: feet 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): Board of Trustees Application COASTAL EROSION APPLICATION DATA Purposes of proposed activity: ~'o/'/,~ 7'4 q C Do tV D ~e wetlands present within 100 feet of the proposed activity? No ~es Does the project involve excavation or filling? No ~-~ Yes 5"~,ez, Z-/Jio~q~'ll- ~Fo~'£/1'0~1¥~ ~ot~ I-ti'of- I~£~i~I~¥~ ~tqt.-t_.. If Yes, how much material will be excavated? ]¢tnoor~l-(cubic yards) How much material will be filled? Manner in which material will be removed or deposited: (cubic yards) Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) DEC-O4-200T il:lO From: William F. Billman, Trustee William F. Billman Rev. Trust 8223 Kimlough Drive Indianapolis IN 46240 November 15, 2007 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Dear Ms. Moore: I, William F. Billman, as Trustee of the William F. 13illman Revocable Trust, owner of property known as 10220 Route 25, East Marion, New York (SCTM: 1000-31- 11-6) hereby authorize you to appear on my behalf and make any and all applications on my behalf, to the New York State DEC, Suffolk County Health Department, and any other necessary agencies on our behalf regarding the above referenced property. Very truly yours, WILLIAM F. BILLMAN REVOCABLE TRt~I~ U/. 725/05 BY: WILLIAM F. BILLMAN, TRUSTEE 617.20 PROJECT ID NUMBER APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ~ART I - PROJECT INFORMATION ( To be completed by Applicant or Project Sponsor) 3.PROJECT LOCATION: Ooun,y ¢ q ~O ~N SEQR PRECISE LOCATION; Street Addess end Road Intersections, Prominent landmarks etc -or provide map IS PROPOSED ACTION: ,~ New E~JExpansion [~Modification/alteration DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initlally.~, gl,> acres Ultimately ~. '~/~--" acres 8. WILL PROPOSED ACTION COMPLY ~TH ~XISTING ZONING OR OTHER RESTRICTIONS? ~Yes ~ No If no, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) [~lResidential E]lndustrial ~Commercial E~Agdculture E~Park/Forest/OpenSpace E]Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) []Yes E~No if yes, list agency name and permit/approval; 11. DOES ANY ASPEOT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? E~Yes ~]No if yes, llst agency name and permit / approval: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? E~Yes r-~No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Signature //'/ /~¢~-"~---/~ 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 completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL EAF [~Yes [~]No WiLL ACTION RECEIVE COORDINATED REVIEW AS PROVIDEO FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative ' be superseded by another involved agency Yes [] No COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) Cl. Existing air quality, sudace or groundwater qualib~ or quantity, noise levels, existing traffic pattern, solid waste production or disposal, peen a foreroson dranageorfloodng problems? Explain briefly: _ _ F C2 ~,es'(heti~ ~g~ic~l~ur~il '~;~hae0i;~ic~ii'l~i';t0~i~, or other natural or cultural resources: or community or neighborhood character? Expla,n bnefly: C5 Gro~h, subsequent development, or related activities likely to be induced by the proposed action? ~plain briefly: C7. Other impacts (including changes in us;0~ ;i~her ~6~nii~ 0;~p~ ;~ energy? Explain briefly; WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHA~CTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL EHVIRONMENTAL AREA (CEA)? ~lf ~es, explain briefly: RE~C, TED TO POTENT AL ADVERSE ENVIRONMENTAL IMPACTS? If yes exu aim E, IS THERE, OR IS THERE L KELY TO BE, CONTROVERSY ........ r_ PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (0 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 significance must evaluate the potential impactofthe proposed action on the environmental characteristics of the CEA. Name of Lead Agency Print or Type Name of Responsible Officer In Lead Agency Signature of Responsible Officer ia Lead Agency Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULl EAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed act/el WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting th/ determination. Date y~esponsible O icer /~...,~j~re of Preparer (If different from responsible officer) PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, NewYork 11971 Tel: (631) 765-4330 Fax:: (631) 765~1643 January 23, 2008 Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 RE:WILLIA~ F. BILLMAN PREMISES: 10220 MAIN ROAD, EAST MARION SCTM ~ 1000-31-11-6 Dear Board members: With reference to the above, enclosed please find affidavit of posting and green certified mail receipt cards received as of date. Thank you. Very truly yours, bp Enclosures BOARD OF TRUSTEES TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of WILLIAM F. BILLMAN AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-31-11-6 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, PATRICIA C. MOORE, residing a 370 Terry Lane, Southold, New York 11971 being duly sworn, depose and say that: On the/~.~ day of January, 2008, I personally posted the property known as 10220 Main Road, East Marion New York by placing the board of Trustees official Poster where it can easily be seen, and that I have checked to be sure the post has remained in place for eight (8) days prior to the date of the public hearing. Date of Hearing to be held on Wednesday, January 23, 2008 on or about 6:00 p.m. Sworn to before me this ~,~ day of January, 2008. PATRIClA C. MOORE Attorney at Law 51020 Main Road Southold, NewYork 11971 Tel: (631) 765-4330 Fax:: (631) 765-4643 January 11, 2008 Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 RE:WILLIAM F. BILLMAN PREMISES: 10220 MAIN ROAD, SCT~ # 1000-31-11-6 EAST MARION Dear Board members: With reference to the above, enclosed please find certified mail receipts, affidavit of mailing, copy of letter to neighbors and green certified mail receipt cards received as of date. Thank you. Very truly yours, Patricia C. Moore By: Betsy Perkins, LA bp Enclosures NEIGHBOR LIST FOR BILLMAN APPLICATION 1000-31-11-6 TOWN OF SOUTHOLD PO BOX 1179 SOUTHOLD NY 11971 SCTM: 1000-31-11-5 EAST MARION CEMETERY ASSOC. PO BOX 534 EAST MARION NY 11939 SCTM: 1000-31-11-4 THOMAS V. BROWN & MARY E BERRY 2924 60TM STREET. W BRADENTON FL 34209 SCTM: 1000-31-11-3 EAST MARION COMMUNITY CHURCH PO BOX 66 EAST MARION NY 11939 SCTM: 1000-31-11-7 JOHN SIMCIK & ROBIN SIMCIK PO BOX 36 EAST MARION NY 11939 SCTM: 1000-31-11-8 WM. F. BILLMAN REVOC. TRUST 8223 KIMLOUGH DRIVE INDIANAPOLIS IN 46240 SCTM: 1000-31-11-9 ALAN R. SCHMIDTCHEN LAURA H BAKER PO BOX 196 EAST MARION NY 11939 RECEIPT FROM: SEND TO: TO'4~N OF SOUTHO[D PO BOX 1179 SOUTHOLD NY 11971 2 65 215 RECEIPT 7192 6463 3119 oo00 5343 FROM: Patricia C. Moore Esq RE: Billm an Trustees Hearin9 SEND TO: EAST MARION CEMETERY AS PO BOX 534 EAST MARION NY 11939 \ 2.65 [ ~'~Retulr~ R~ipt ~ 2 15 ATE RECEIPT 71926463311000005350 FROM: Patdcia c. Moo~e Esq RE: Billm an T~s~ees Hearir~g SEND TO: THOMAS V. BROWN & MARY E 2924 60TH STP`RET W BRADENTON FL 342~9 RECEIPT 7192 6463 311 o 0ooo 5367 FROM: palric[a C Moore Esq SEND TO: EAST MAP, tON cOMMUNiTY C PO BO T~-~ ~ ATE p O S-""~'~-K OR O RECEIPT 7192 6463 3110 0ooo 5398 FROM: RECEIPT 7192 6463 3110 ooo0 5374 sEND TO: FEES: RECEIPT 7192 6463 311o oo00 5381 FROM: Patric~a c Moore Esq RE: Bi,man Trustees Hearing SEND TO: ~ F. BILLMAN REVOC. TRU: 8223 KIMLOUGH DRIVE INDIANAPOLIS IN 46240 FEES: ",.~'~ R DATE SEND TO: ALAN R $CHMIDTCHEN FEES: BOARD OF TRUSTEES TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of WILLIAM F. BILLMAN Applicant's Land Identified as 1000-31-11-6 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILING I, Betsy Perkins, residing at Mattituck, New York, being duly sworn, depose and say that: eC~ On th day of January, 2008, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to the neighbors on the attached list. Attached hereto is the white receipt post-marked by the Southold Post Office on said date. Sworn to before me this //~-// day of January, 2008. ( (l~)tary Public) MARGARET C. RUTKOWSKI Notary Public, State of New York No. 4982528 Qualified in Suffolk County Commission Expires June 3. '~0,1/ PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. PATRICIA C. MOORE A~torney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 CERTIFIED MAIL RETURN RECEIPT REQUESTED January 8, 2008 RE: WILLIAiq F. BILI~V~%N PREMISES: 10220 MAIN ROAD, SCTM # 1000-31-11-6 EAST MARION Dear Neighbor: I represent the above with regard to property located on Main Road, East Marion, New York. They have submitted an application to the Southold Town Board of Trustees to construct a single-family dwelling with sanitary system and retaining wall. A copy of the Hearing Notice is enclosed together with a copy of a survey. The hearing on this matter has been scheduled for WEDNESDAY, JANUARY 23, 2008 on or about 6:00 p'.m. at Southold Town Hall. If you have any questions, or you wish to support this application, please do not hesitate to contact me. Thank you. ly yours, C. Moore PCM/bp enclS. C: Dr. William Billman NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held bythe SOUTHOLD BOARD OF TRUSTEES at the Town Hall, 53095 MainP(oad, Southold, New York, concerning this property. SpBJ. E.CT ..O..F,,_P.UBL].C HEARING:"I'o' 0~~,, ~ S~l,~~ TIME & DATE OF PUBLIC HEARING: If you hav.e, an inter.est in this project, you are invited to view the Town file(s) which are avadable for ~nspection prior to the day of the hearing during normal business days between the hours of 8 a.m and 4 p.m. BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631)765-1892 Board of Trustees Application County of Suffolk State of New York Pt~T~]~i/J ~-j')9(YO~ t~(~, BE1NG DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WIEL 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 TI~S 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. (~ Signature SWORN TO BEFORE ME THIS ~' DAYOF d~Ot ,20 f97 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM Th* Town of Southold's Code of Ethics orohibits conflicts of interest on the oart of town Officers and em vlovees. The oumose of this form is to omvide inforination which can alert the town ofoosslble conflicts ofintare~t and allow it to take whatever action is neocssarv to avoid same. (Last name, tn'st name,.~iddle initial tmless you are applying in the name of someone else or other entity, such as a company. If so, indicat~ ~h~ other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee ,X/- Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other Of"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, marriage, o~' business interest_ "Busines? interest'? means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO If you answered "YES", comple~ the balance of this form and date and sign where indicated. blame of person employed by the Town of Southold Title Or position of that person Describe the relationship between yourself(the applican~/agcnffrepresentative) 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, paregt, o~ ~hild is (cheek all that apply): __~A) tho owner of greater than 5% of the shares of the corporate stock of the applicon? (when the applicant is a corporation); : __.B) the legal or beneficial owner of any interest in a non-corporste entity (when the applicant is not a corporation); __.C) an officer, director, partnei', or employee of the applicang Or __.D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS I Signature Print Na~.. Town of Southold LWRP CONSISTENCY ASSESSMENT FORM 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", 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. 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. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-31-11-06 The Application has been submitted to (check appropriate response): Town Board Planning Dept. Building Dept. Board of TrusteesX 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) (c) Financial assistance (e.g. grant, loan, subsidy) Permit, approval, license, certification: Nature and extent of action: Construct single family dwelling, sanitary and retaining wail. All structures, except small portion of retaining wall is more than 100 feet from freshwater wetlands. Location of action: Main Road, East Marion Site acreage: 96,494.56 sq.ft. Present land use: vacant lot 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: William F. Billman, as Trustee of the William F Billman revocable trust (b)Mailing address: 8223 Kimlough Drive, Indianapolis IN 46240 (c)Telephone number: Area Code ( )_ c/o Pat Moore 765-4330 (d) Application number, if any:_ Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes NoX If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. XYes No (Not Applicable - please explain) House is located more than 100 feet from wetlands, only retaining wall and grading encroaches slightly into 100 foot setback Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria XYes No (Not Applicable - please explain) developed area alon~ Main Road only small portion of property will be disturbed Attach additional s~eets 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 XYes No (Not Applicable - please explain) Natural contours of lot will be utilized. The house will have a walk-out basement Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria XYes No (Not Applicable - please explain)setbacks from Marion Lake exceed 200 feet. House footprint and retaining walls designed by Fischetti, PE. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria Yes No public water. X (Not Applicable - please explain) house to be connected to Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. XYes No (Not Applicable - please explain) Setbacks meet coastal policies. Retaining wall may encroach slightly within 100 feet of wetland edge. At~ach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. Yes No (Not Applicable - please explain)x No air quality issues Attach additional sheets if necessary 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 (Not Applicable - please explain)X Residential construction does not impact solid waste or hazardous waste. Tax paying residential parcel has paid for solid waste disposal without demand of services through taxation__ 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. XYes No (Not Applicable - please explain) Marion Lake continues undisturbed. Attach additional sheets if necessary 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. XYes applicable setbacks No (Not Applicable - please explain) Residential use with Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Yes standards No Not Applicable - please explain X Setbacks meet policy 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 - please explain X Residential lot has paid for bonds without demand of services. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes No Not Applicable - please explainX residential structure does not demand extensive energy use. Current construction standards demand less energy then existing residences. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 December 11, 2007 Board of Trustees Town of Southold 53095 Main Road PO Box 1179 Southold NY 11971 RE: BILLMAN REVOCABLE TRUST SCTM: 1000-31-11-06 Dear Sir/Madam: With reference to the above, enclosed please find three copies of an application together with $250.00 filing fee. Thank you and please do not hesitate to call should you have any questions or require additional information/documentation. PCM/bp encls. C: Dr. William Billman 1.2 MAIN ]2,5 MARION LAKE OD MARION LAKE ~.~ COUNTY OF SUFFOLK. (~) .......... ~ ~~Reo ProDerly Tox Service Agency SECTION NO O33. MARION LAKE MARION LAKE SECTION NO Live Search ~ Live Search ~