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HomeMy WebLinkAboutTR-7139 James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghos±o, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE ~Pre-construction, hay bale line 1st day of construction /~ cqnstructed Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7139 DATE: JULY 22~ 2009 ISSUED TO: HAVEN AVE. REALTY CORP. PROPERTY ADDRESS: 5205 THE LONG WAY, EAST MARION SCTM# 21-5-11 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on July 22, 2009, and in consideration of application fee in the sum of $250.00 paid by Haven Ave. Reaitv Com. and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to clear up to the Coastal Erosion Hazard Area boundary line, or no closer than 50' landward of the crest of the bluff, for the purpose of imProving the parcel with a single-family dwelling and appurtenances located no closer than 100' from the crest of the bluff, with the condition of a line of staked hay bales with silt fencing is installed prior to construction along the 50' buffer line and extended landward along the west property line, a 50' Non-Disturbance Buffer area is nmintained from the crest of bluff landward, and as depicted on the survey prepared by Fox Land Surveying last dated August 21, 2009, and received on Augast 27, 2009. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. TERMS AND CONDITIONS The Permittee Haven Ave. Realty Corp., residing at 5205 The Long Way, East Marion, New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released fi.om any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold: That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result 6fthe work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittec will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. The Permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Department of Real Properties Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety (90) calendar days of issuance of this permit. That the said Board will be notified by the Permittee of the completion of the work authorized. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town H~lAnnex 54375MainRoad P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 July 22, 2009 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Robert E. Herrmann En-Consultants, Inc. 1319 North Sea Road Southampton, NY 11968 RE: HAVEN AVE. REALTY CORP. 5205 THE LONG WAY, EAST MARION SCTM# 21-5-11 Dear Mr. Herrmann: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, July 22, 2009 regarding the above matter: WHEREAS, En-Consultants, Inc. on behalf of HAVEN AVE. REALTY CORP. applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of $outhold, application dated April 29, 2009, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on July 22, 2009, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of HAVEN AVE. REALTY CORP. to clear up to the Coastal Erosion Hazard Area boundary line, or no closer than 50' landward of the crest of the bluff, for the purpose of improving the parcel with a single-family dwelling and appurtenances located no closer than 100' from the crest of the bluff, with the condition of a line of staked hay bales with silt fencing is installed prior to construction along the 50' buffer line and extended landward along the west property line, a 50' Non-Disturbance Buffer area is maintained from the crest of bluff landward, and as depicted on the survey prepared by Fox Land Surveying last dated August 21, 2009, and received on August 27, 2009. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection· (See attached schedule.) Fees: $100.00 Very truly yours, · King President, Board of Trustees JFK/eac ToWN OF SOUTHOLD___. r' AUG 21, 2009 AMENDED BUFFER APR. 2.3. 2009 NDICA~D BUVrE~ APR. 09, 2009 RESTAKE PROPOSED S~UC~RES DEC. 22, 2008 ~oc~ ~oP or B~urr NOV, 08, 2008 STAKE FOR 'NSPEC~ON SEPT. 15, 2008 su~ ro~ H~ JAN. 25, 2008 ~[~SED PRNCIPLE SE~ACK LNE DATE: JAN. 5, 2008 JOB NO: 2007-792 CERTIFIED TO; CHARLES RIZZO OAVID H. FOX, L,S, P.C. N.Y,S.L.S, #50234 FOX LAND SURVEYING 64 SUNSET AVENUE WESTHAMPTON BEACH, N.Y. 11978 (651) 288-0022 DWG: 2007-792 / / / / Survey for: CHARLES RIZZO % Lot 140, "Pebble Beach Farms" At East Marion Town of So~thold Suffolk County, New York S.C.T.M.: 1000-021.00-05.00-011.000 SCALE: 1 "= 40' NOTES: 1, AREA : 36,17B S.F. 2. · = MONUMENT FOUND. 3. SUBDIVISION MAP "PEBBLE BEACH FARMS" FILED IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY ON JUNE 11, 1975 AS FILE NO. 6266. 4. ZONING USE DISTRICT: R-40 5. SETBACKS SHOWN PER CLUSTERED SUBDIVISION. R=20. O, James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Please be advised that your application dated /~ff'~' ~ o~?~ c;~OO ? has been reviewed by this Board at the regular meeti~ of ,..T"(~,.{~ ~. ~ 9' and your application has been approved pending the completlion o~ the following items Checked off below. V~.Revised Plans for proposed project /'//Pre-Construction Hay Bale Line inspection Fee ($50.00) __ 1st Day of Construction ($50.00) Constructed ($50.00) ¢~j~ Fina In.spection Fee ($50.00) Dock Fees ($3.00 per sq. ft.) Permit fees are now due. Please make check or money order payable to ToWn of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southoid Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: TOTAL FEES DUEi$ ~ ~ BY: James F. King, President Board of TrusteeS Donald Wilder, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southoid, NY 11971 Telephone (631) 765-1892 Fax (63 I) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., May 13, 2009, the following recommendation was made: Moved by Peter Young, seconded by Jack McGreevy, it was RESOLVED to SUPPORT the Wetland Permit application of HAVEN AVE. REALTY CORP. to clear up to the Coastal Erosion Hazard Area boundary line, or no closer than 25' landward of the crest of the bluff, for the purpose of improving the parcel with a single- family dwelling and appurtenances located no closer than 100' from the crest of the bluff. Located: 5205 The Long Way, East Marion. SCTM#21-5-11 Inspected by: Jack McGreevy, Peter Young, Doug Hardy Vote of Council: Ayes: All Motion Carded James F. King. Pres/dent Jill M. Dohedy, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Southold Town Board of Trustees Field Inspection/Worksession Report P.O. Box 1179 Southold. NY 11971 Telephone (63 I) 765-1892 Fax (631 ) 765-6641 Date/Time: HAVEN AVE. REALTY CORP. requests a Wetland Permit to clear up to the Coastal Erosion Hazard Area boundary line, or no closer than 25' landward of the crest of the bluff, for the purpose of improving the parcel with a single-family dwelling and appurtenances located no closer than 100' from the crest of the bluff. Located: 5205 The Long Way, East Marion. SCTM#21-5-11 Type of area to be impacted: _~,~ltwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: r~--C~apt.275 t;/Chapt. 111 other Type of Application: ~/~Wetland L~--~oastal Erosion __Amendment ~Administrative__Emergency __Pre-Submission __Violation Modifications: Conditions: Present Were: ~j.King__ ~.Doherty ~l~.Dickerson .,~D. Bergen~B.Ghosio, D. Dzenkowski VScott Hilary other Form filled out in the field by Mailed/Faxed to: Date: HAVEN AVE. REALTY CORP.~ 5205 THE LONG WAY, EAST MARION Figure 1. Looking south from beach at bluff on subject parcel. Figure 2. Looking north over top of bluff and toward Long Island Sound from easterly portion of property. HAVEN AVE. REALTY CORP.~ 5205 THE LONG WAY, EAST MARION Looking north toward top of blu.[f from cleared lawn area on westerly portion of property. Figure 4. Looking north over staked location of northwesterly corner of proposed deck (stake # 206). EN-CONSULTANTS, INC. 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com ENVIRONMENTAL CONSULTING James King, Chairman Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 August24,2009 Re: Haven Avenue Realty Corp.~ 5205 The Long Way~ East Marion Dear Mr. King: As agreed during the 22 July 2009 public hearing held on the captioned application, please find enclosed three (3) copies of a site plan prepared by Fox Land Surveying, last dated 21 August 2009, which has been revised to depict a 50' nondisturbance buffer adjacent to the crest of bluff and the extension of the project-limit'mg fence and staked haybales landward along the westerly property line and south of the limits of Trustee jurisdiction. Although I trust this submission shall allow the pending Wetlands Permit to be issued, please contact me at your earliest convenience if you require anything further. Res~ly yours, Robert E. Herrmann Coastal Management Specialist OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILIN(; :M)I)RESS: 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: Mark Terry, Principal Planner LWRP Coordinator Date: July 13, 2009 Re: Proposed Wetland Permit for HAVEN AVE. REALTY CORP SCTM#1000-21-5-11 En-Consultants, Inc. on behalf of HAVEN AVE. REALTY CORP. requests a Wetland Permit to clear up to the Coastal Erosion Hazard Area boundary line, or no closer than 25' landward of the crest of the bluff, for the purpose of improving the parcel with a single-family dwelling and appurtenances located no closer than 100' from the crest of the bluff. Located: 5205 The Long Way, East Marion. SCTM#21-5-11 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. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney EN-CONSULTANTS, INC. ENVIRONMENTAL CONSULTING 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com June 15, 2009 James King, Chairman Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Haven Avenue Realty Corp., 5205 The Long Way~ East Marion Dear Mr. King: As I will be unable to attend the public hearing on the captioned property scheduled to continue on June 24th, would you kindly postpone reopening the hearing until your July meeting. In the meantime, please advise me of whatever determinations you may make with respect to the bluff delineation based on your meeting with staff from the New York State Department of Environmental Conservation and forward me a copy of any comments submitted to the Board by the LWRP Coordinator. Thank you for the time the Board took to meet me at the property on June 10t~. cc:CharlesRizzo R~ yours, ~ Robert E. Hemmann Coastal Management Specialist TdF James F. King, President Jill M. Dougherty, Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone(631) 765-1892 Fex (631)765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only __._~Cwoastal Erosion Permit Application etland Permit Application Major 7~RRWaiver/Amendment/Changes eceived Application: eceived Fee:$ C~)~F~-~ ~Completed Application Incomplete SEQRA Classification: Type I Type II Unlisted Coordination:(date se.nt~) -'"'EAC Referral Sent: ~/1 ,~te of Inspection: ~ Receipt of CAC Report: Lead Agency Determination: Technical Review: ~P~ublic Hearing Held: Resolution: Minor Name of Applicant HAVEN AVE. REALTY (30PP. Address C/O CHARLES RIZZO, THE RIZZO GROUP, 11 PENN PLAZA, 20311-t NEWYORK, NY 10001 Phone Number: 212-695-5980EXT. 2002 Suffolk County Tax Map Number: 1000 - 21-~1,-11 Property Location: 5205 THE LONG WAY, EASW MARION, TOWN OF SOUTHOLD (provide LILCO Pole #, distance to cross streets, and location) AGENT: EN-CONSULTANIS, INC. (If applicable) Address: 1319NORql-ISEA ROAD, SOJIHAIV~ION, NY 11968 Phone: 631-2834360 3oard of Trustees Applic, GENERAL DATA Land Area (in square feet):.36,178 SQ. FT. Area Zoning: R-40 Previous use of property: VACANT RESIDENTIAL Intended use of property: SINGLE-FAMILY RESIDENCE Covenants and Restrictions: X No Yes If "Yes", please provide copy. Prior permits/approvals for site improvements: Agency 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): CLEAR UP TO THE COASTAL EROSION HAZARD AREA BOUNDARY LINE OR NO CLOSER THAN 25 FEET LANDWARD OF THE "CREST OF BLUFF" WHICHEVER IS MOST LANDWARD OF THE CREST OF BLUFF, FOR THE PURPOSE OF IMPROVING THE PARCEL WITH A SINGLE-FAMILY DWELLING AND APPURTENANCES LOCATED NO CLOSER THAN 100 FEET FROM THE "CREST OF BLUFF" AND THEREFORE BEYOND CHAPTER 275 AND CHAPTER 111 JURISDICTION, ALL AS DEPICTED ON THE SITE PLAN PREPARED BY FOX LAND SURVEYING, LAST DATED APRIL 23, 2009. ard of Trustees WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: CLEAR WITHIN 100 FEET OF THE CREST OF BLUFF FOR THE PURPOSE OF IMPROVING THE PROPERTY WITH A SINGLE-FAMILY DWELLING AND APPURTENANCES, ALL TO BE LOCATED NO LESS THAN 100 FEET FROM THE CREST OF BLUFF. Area of wetlands on lot: 0 .square feet Percent coverage of lot: 0 % Closest distance between nearest existing structure and upland edge of wetlands: N/A feet Closest distance between nearest proposed structure and upland edge of wetlands: >150 feet Does the project involve excavation or filling? X NO Yes (NOT WITHIN CHAPTER 275 JURISDICTION) If yes, how much material will be excavated? N/A cubic yards How much material will be filled? N/A cubic yards Depth of which material will be removed or deposited: N/A feet Proposed slope throughout the area of operations: N/A Manner in which material will be removed or deposited: N/A 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): THE PROJECT CLEARING WILL OCCUR NO CLOSER TO THE CREST OF BLUFF THAN THE COASTAL EROSION HAZARD AREA BOUNDARY LINE OR A DISTANCE 25 FEET LANDWARD OF THE CREST OF BLUFF, WHICHEVER IS MOST LANDWARD OF THE BLUFF; AND MORE THAN 150 FEET FROM THE SURFACE WATERS OF LONG ISLAND SOUND. ALL CONSTRUCTION IS PROPOSED NO LESS THAN 100 FEET FROM THE CREST OF BLUFF AND MORE THAN 200 FEET FROM THE SURFACE WATERS OF LONG ISLAND SOUND; AND THE ASSOCIATED SANlTARY SYSTEM WILL BE LOCATED MORE THAN 300 FEET FROM LONG ISLAND SOUND. THE PROJECT:~THEREFORE, WILL NOT HAVE ANY SIGNIFICANT ADVERSE IMPACTS ON THE ADJACENT TIDAL WATERS OF LONG ISLAND SOUND. 14-16~4 (2/87)--Text 2 PROJECT I.D. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT For UNLISTED ACTIONS Only PART I -- PROJECT INFORMATION (To be completed by Applicant or Project sponsor) FORM SEQR I APPLICANT/SPONSOR: HAVEN AVE. REALTY CORP. BY I 2. PROJECT NAME I EN-CONSULTANTS, INC. 3 PROJECT LOCATION: Municipality EAST MARION County SUFFOLK 4 PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc, or provide map) 5205 THE LONG WAY, EAST MARION, TOWN OF SOUTHOLD, SCTM #]000-21-5-1 ]; MAPS PROVIDED. 5. IS PROPOSED ACT [] New i~NExpansion [] Modification/alteration 6 DESCRIBE PROJECT BRIEFLY: CLEAR UP TO THE COASTAL EROSION HAZARD AREA BOUNDARY LINE OR NO CLOSER THAN 25 FEET LANDWARD OF THE "CREST OF BLUFF" WHICHEVER IS MOST LANDWARD OF THE CREST OF BLUFF, FOR THE PURPOSE OF [MPROVENG THE PARCEL WITH A SINGLE-FAMILY DWELLlNG AND APPURTENANCES LOCATED NO CLOSER THAN 100 FEET FROM THE "CREST OF BLUFF" AND THEREFORE BEYOND CHAPTER 275 AND CHAPTER 111 JURISDICTION, ALL AS DEPICTED ON THE SITE PLAN PREPARED BY FOX LAND SURVEYING, LAST DATED APRIL 23, 2009. Initially 36,178SQ. FT. acres Ultimately 36,178SQ. FT. acres ~]Yes [] No If NO, describe briefly [] Residential [] Industrial [] Commercial [] Agriculture [] Park Forest/Open space [] Other STATE OR LOCAL)? [] Y e s [] N o If yes, list agency(s) and permit/approvals NYS DEC [~Yes [] No If yes, list agency name and permit/approval []Yes []N o I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ~,pplicanUsponsor name ROBE~HERRMANN, COASTAL MANAGEMENT SPECIALIST DATE APRIL23,2009 Signature: ~/~'-- ~ If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER James F. King, President Jill M. Dohcrty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of HAVEN AVE. REALTY CORP. COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING being duly sworn, depose and say: That on the¢~day of ~ , 200~, I p~son~lly posted th~ prop~y ~own as by placing the Board of Trustees o~cial p~t& where ii can easily be seen, ~d that I have checked to be sure the post~ has r~ained in place for ei~t days prior to the date of the public he~ng. Date of heating noted thereon to be held Wed.~ Ma~ 20~ 2009 on or abont 6:00 PM. Dated: Sworn to before me this .~0-/x- day of/~ 200~0 (signature) BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant:HAVENAVE. REALTYCORP. SCTM#1000- 2l-5-11 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the Permit from the Board of Trustees to: iE TO ADJACENT PROPERT~ OWNER undersigned to re-quest' & .s ,i CLEAR UP TO THE COASTAL EROSION HAZARD AREA BOUNDARY LINE OR NO CLOSER THAN 25 FEET LANDWARD OF THE "CREST OF BLUFF" WHICHEVER IS MOST LANDWARD OF THE CREST OF BLUFF, FOR THE PURPOSE OF IMPROVING THE PARCEL WITH A SINGLE-FAMILY DWELLING AND APPURTENANCES LOCATED NO CLOSER THAN 100 FEET FROM THE "CREST OF BLUFF" AND THEREFORE BEYOND CHAPTER 275 AND CHAPTER 111 ~UR1SDICTION, ALL AS DEPICTED ON THE SITE PLAN PREPARED BY FOX LAND SURVEYING, LAST DATED APRIL 23, 2009. 2. That the property which is the subject of Environmental Review--is located adjacent to your property and is described as follows: 5205 THE LONG WAY, EAST MARION, TOWN OF SOUTHOLD 3. That the project which is subject to Environmental Review under Chapters 32, 37, or 97 of the Town Code is open to public comment on:MAY20TH, 2009~6:00P.M. You may contact the Trustees Office at 765-1892 or in writing. The above referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. HAVEN AVE. REALTY CORP. OWNERS NAME: C/O CHARLES RIZZO, THE RIZZO GROUP MAILING ADDRESS: 11 PENN PLAZA, 20TH FLOOR NEW YORK, NY 10001 PHONE #: 212-695-5980 EXT. 2002 Enc. : Copy of sketch or plan showing proposal for your convenience. 5 §/ ARP. 23, 2009 INO~CA:~D SURFER ARP. 09, 2009 RESTAKE PROPOSE0 STRUOI1JRE5 DEC, 22, 2008 NOV. 08, 2008 SEPT, 15, 2008 JAN. 25, 2008 RE~SED PRINCIPLE SEWdACK LINE )ATE: JAN. 5, 2008 JOB NO: 2007-792 CERTIFIED TO: CHARLES RlZZO DAVID H. FOX. L.S, P.C. N.Y.S.L,S, #50234 FOX LAND SURVEYING 64 SUNSET AVENUE WESTHAMPTON BEACH. N.Y. 11978 (631) 288-0022 OWO: 2007-792 / / Lot Survey for: CHARLES RIZZO 140, "Pebble Beach Farms" A( East Marion Town of $outho Id Suffolk County, New York S.C,T.M: 1000-021.00- 05~00-011,000 SCALE: 1 "=40' NOTES: 1, AREA = ~6.178 S.F. 2. ·-- MONUMENT FOUND. 3. SUBDIVISION MAP "PEBBLE BEACH FARMS" FILED IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY ON JUNE 11. 1975 AS FiLE NO. 6266. 4. ZONING USE DISTRICT: R-40 5. SETBACKS SHOWN PER CLUSTERED SUBDIVISION. 6. ELEVATIONS SHOWN HEREON ARE REFERENCED TO N.G.V, DATUM (MSL 1929) R=20., CERTIFIED MAIL JOHN LIVANOS Address: 56 WRIGHTS MILL ROAD ARMONK, NY 10504 PEBBLE BEACH FARMS LOT OWNERS ASSOC. 14-20 159TH STREET BEECHURST, NY 11357 CHRISTINA & MICHAEL THALASSINOS 5040 THE LONG WAY EAST MARION, NY 11939 STATE OF NEW YORK COUNTY OF SUFFOLK the United States said Notices were ~x~k~R~) mail. ROBERT E. HERRMANN doing business atEN-CONSULTANTS,INC. 1319NORTH SEA ROAD SOUTHAMPTON, NY 11968 being duly sworn, deposes and says that on the 30th day of APRIL ,20 09 deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at Post Office at SOUTHAMPTON , that mailed to each of said persons by (certified) 30th Sworn to before me this day of APRIL ,2009 ~ ~ No~ry~r~lic ROBERT E. HERRMANN COASTAL MANAGEMENT SPECIALIST m m m John Livanos 56 Wrights Mill Road Armonk, NY 10504 OFFICIAL Christina & Michael Thalassinos r,- ,~o~o~t~ 5040 The Long Way East Marion, NY 11939 OFF Postage C]AL Pebble Beach Farms Lot Owners Assoc. 14-20 159th Street Beechurst, NY 11357 Board of Trustees Application l, Charles Rizzo (print owner of property) 20th Fl., New York, NY AUTHORIZATION (where the applicant is not the owner) residingat 11 Penn Plaza, (mailing address) do hereby authorize (Agent) En-Consultants, Inc. to apply for permit(s) from the Southold Bo~trd of Town Trustees on my behalf. "~Ownter'; sl~nat'-ure) Board of Trustees Application County of Suffolk State of New York Charles Rizzo BEING 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 WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. SWORN TO BEFORE ME THIS t ~*ft DAY OF~fI1ELPCJX ,20 Oq Notary Public APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Other (If "Other", name tho a~tivity.) Do you personally (or through your company, spouse, sibling, parent, or child) haw a relationship with any officer or employe~ of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" m~ns a business, theluding a partnership, in which the town officer or employee bas even a partial ownership of (or employment by) a corporation in which tha town officer or employco owns more than 5% of the shares. YES NO ~ If you answered "YES". complete the balance of this form and date and sign whom indicated. Name of parson employed by the Town of Southold Title or position of that person Describe the relationship between your.~lf (the applicantYagent/repr~santativ¢) and the town officer or employe~, Either ohe,~k the appropriate lin~ A) through D) and/or de, scribe in the space provided. The town officer or empioyco or his or her spouse, sibling, parent, or obiid Js (cheek all that apply): __A) the owner of greater thm~ 5% of the shams of thc corporate stook of the applioant (when thc applicant is a corporation); B) the legal or ben~ficlal owner of any inter, st in a non<orporate entity (when the applicant is not a corporation); C) an officer, dlreetor, partner, or employee of the applicant; or __.D) thc actual applicant. DESCRIPTION OF RELATIONSHIP Form TS 1 Town of Southold A. LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS I. Allapplicantsforpermits*inchdingTownofSoutholdagencios,shallcompletothisCCAFfor proposed actions that are subject~0theT0wn0fS0uth0tdWatorfr0ntC0nsistencyReview Law. This assessmentisintendedt0supplement0therinf0rmati0n used byaT0wn 0fS0uth01dagency in m a k in g a d e t e r m in a ti 0 n 0 f c 0 n s is ~e n c y. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 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- suDoortin~ facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. SCTM# 2l 5 - 11 PROJECT NAME HAVEN AVE. REALTY CORP, The Application has been submitted to (check appropriate response): 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 i -.---d:_~_ ~'~ PlanningBoardl~ Building Dept. I~ BoardofTrustees~] Town Board Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital ~] construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) I I (c) Permit, approval, license, certification: L'X,J Nature and extent of action: CLEAR UP TO THE COASTAL EROSION HAZARD AREA BOUNDARY LINE OR NO CLOSER THAN 25 FEET LANDWARD OF THE "CREST OF BLUFF" WHICHEVER IS MOST LANDWARD OF THE CREST OF BLUFF, FOR THE PURPOSE OF IMPROVING THE PARCEL WITH A SINGLE-FAMILY DWELLING AND APPURTENANCES LOCATED NO CLOSER THAN 100 FEET FROM THE "CREST OF BLUFF" AND THEREFORE BEYOND CHAPTER 275 AND CHAPTER 111 JURISDICTION, ALL AS DEPICTED ON THE SITE PLAN PREPARED BY FOX LAND SURVEYING, LAST DATED APRIL 23, 2009. Location of action: 5205 THE LONG WAY, EAST MARION Site acreage: 36,178 S.F. Present land use: UNDEVELOPED- RESIDENTIAL Present zoning classification:R-40 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: HAVEN AVE. REALTY CORP. (b) Mailing address: c/o CHARLES RIZZO, THE PdZZO GROUP 11 PENN PLAZA, 20TH FLOOR, NEW YORK, NY 10001 (c) Telephone number: Area Code 212-695-5980 EXT. 2002 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ~] No [~ If yes, which state or federal agency?. C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves 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. I--lYes ~] No [~ Not Applicable 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 [--] Yes ~] No [~ Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ~ Yes ~-] No ~ Not Applicable THE PROJECT IS CONSISTENT WITH POLICY 3 AS ALL CONSTRUCTION WILL BE LOCATED MORE THAN 100 FEET FROM THE DEFINED CREST OF BLUFF, AND ASSOCIATED CLEARING ACTIVITIES WILL BE LIM1TED TO A DISTANCE NO CLOSER THAN 25 FEET TO 50 FEET FROM THE CREST OF BLUFF AND MORE THAN 150 FEET FROM THE SURFACE WATERS OF LONG ISLAND SOUND. THEREFORE, THE V1SUAL QUALITY AND SCENIC V1STA OF THE SITE FROM LONG ISLAND SOUND WILL THEREFORE REMAIN UNCHANGED BY THE PROJECT. 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 [-~Yes [--] No [~ Not Applicable 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 [~ Not Applicable THE PROJECT IS CONSISTENT WITH POLICY 3 AS ALL CONSTRUCTION W1LL BE LOCATED MORE THAN 100 FEET FROM THE CREST OF BLUFF, AND ASSOCIATED CLEARING ACTIVITIES WILL BE LIMITED TO A DISTANCE NO CLOSER THAN 25 TO 50 FEET FROM THE CREST OF BLUFF AND MORE THAN 150 FEET FROM THE SURFACE WATERS OF LONG ISLAND SOUND. THEREFORE, ALL COVERAGE BY IMPERVIOUS SURFACES WILL BE LOCATED MORE THAN 200 FEET FROM THE SURFACE WATERS OF LONG ISLAND SOUND, AND TREATED SEPTIC EFFLUENT W1LL BE LOCATED MORE THAN 300 FEET FROM LONG ISLAND SOUND. 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. RYes ~ No ~-] Not Applicable THE PROJECT IS CONSISTEN' 6 BECAUSE IT COMPLIES WITH A~STATUTORY AND REGULATORY REQUIREMENTS OF THE TOWN TRUSTEES AND NYS DEC AND FOR ALL THE REASONS IT IS CONSISTENT WITH POLIC1ES 3 AND 5 AS OUTLINED ABOVE. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. [~] Yes [--] No ~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~ Yes ~ No ~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes ~] No ~ Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Po. licy 10. Protect Southoid'sr-dependent uses and promote sit of new water-dependent suitable locations. See LWRP Section IH - Policies; Pages 47 through 56 for evaluation criteria. Yes ~] No [~ Not Applicable uses in Attach additional sheets if necessary Policy 11. Promote sustainable nsc of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [--'] Yes [~ No ~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [~ Yes [~1 No [~ Not Applicable 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 PREPARED BY ROBER~RRMANN TITLEcoASTALMGMTSPECIALIST DATE 4/23/09 Amended on 8/1/05 EN-CONSULTANTS, INC. ENVIRONMENTAL CONSULTING 1319 Nodh Sea Road Southampton, NewYork 11968 631-283-6360 Fax:631-283-6136 www.enconsultants.com April 23, 2009 Town of Southold Board of Trustees 54375 Main Road Post Office Box 1179 Southold, New York 11971 Attn.: Lauren Standish Haven Ave. Realty Corp. 5205 The Long Way, East Marion SCTM #1000-21-5-11 Dear Ms. Standish: In regard to the above referenced property, enclosed are the following for the Board of Trustees review: Three (3) Wetland Permit Applications including a) Short Environmental Assessment Form; b) Authorization & Disclosure Forms; and c) site plans/surveys; One (1) set of site photographs. Application fee of $250.00 wetlands. Three (3) LWRP Consistency Assessment Forms including a) project plans. I trust this information shall allow you to process our permit request. Should any additional information be required, please do not hesitate to contact our office. Coastal Management Specialist /kbs Enc. James F. King, President Jill M. Doherly, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. P.O. Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: Cavalier Construction on behalf of HAVEN AVE. REALTY requests a letter of no-jurisdiction to construct a single-family dwelling. Located: 5205 The Long Way, East Marion. SCTM#21-5-11 e of area to be impacted: altwater Wetland Freshwater Wetland Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: ~'~'Chapt'275 ~'Chapt. 111 other '~Sound Bay Type of Application: __ Wetland __Coastal Erosion __Amendment __Administrative__Emergency Pre-Submission __Violation Modifications: Conditions: Pres, e~Were: v~J,King ~J.Doherty v//PP ' kerson ~' D. Ozen~-~'wski -'~;rkTerry--'~-e~v -- Form filled out in the field by v~, Bergen__/'~hosio, Mailed/Faxed to: Date: Environmental Technician Review- Cavalier Construction Post Office Box 808 Westhampton Beach, NY 11978-0808 Phone (631) 288-4859 October 11, 2008 Board of Town Trustees Town of Southold P.O. Box 1179 Southold, NY 11971-0959 RE: 5205 The Long Way (Pebble Beach Farms) East Marion, NY SCTM # 1000-21-5-11 Owner: Haven Ave Realty Corp 'Fo Whom It May Concern: Please consider this letter to be our request for the Trustees to issue of a letter of non-jurisdiction, in relation to the proposed residential construction at the above-referenced property in East Marion. Enclosed please find a copy of the current survey, complete with the proposed structures and all topographical detail. You will find that all proposed building is landward of the bluff, the height of which is well over the minimum elevation of 10'. Cavalier Construction is the agent for the above-referenced owner, therefore please direct any questions or requests for further information (as well as the letter, itself) to us at: Cavalier Construction PO Box 808 Westhampton Beach, NY 11978 (631) 288-4859 Thank you very much for your time and attention to this matter. S~ncerely, 4teather Davonski Cavalier Construction NOV. 08, 2008 STAKE FOR INSPECtiON SEPT. 18, 2008 SURVEy FOR H[ JAN. 23, 200~ R~s[o PRINCPLE SET~ACK LINE OATE: JAN. 5, 2008 JOB NO: 2007-792 CERTIFIED TO: CHARLES RIZZO DAVIO H. FOX. L.S. P,C. N.Y.S.L.S, #50254 FOX LAND SURVEYING 64 SUNSET AVENUE WESTHAMPTON BEACH, N.Y. 11978 (631) 288-0022 OW(;: 2007-792 / / .... 100.00' Z x, Lot Survey for: CIIARi,£S RIZZO 140, "Pe§ble Beac/z Par'm.s" At East Mariotz Town of So~thold Suffolk County, New York S.C.T.M,: 1000-021.00-05,00-011.000 SCALE: 1"=40' NOTES: 1. AREA = 36,178 S.F. 2. · = MONUMENT FOUND, 5, SUBDIVISION MAP "PEBBLE BEACH FARMS" FILED IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY ON JUNE 11, 1975 AS FILE NO. 6266. 4. ZONING USE DISTRICT: R-40 5. SETBACKS SHOWN PER CLUSTERED SUBDIVISION. R=20, O~ ~00 O0 * t42 ~ 204,5 141 x~o 212. 140 8/~. 76' 2H. 95' - 80.00:- 7/ 70 ~ - 8009 55. G7' _ / . ~% ' " ' . ~' Open Space' E · ' ~ ~raa= i 8~4 Acres · , ' ' ~ -.' - 'x~ ~ : ,~ 'x~o-' 'I_CA£ S_.EWAGE DISPOSAL SYSTEM ~13o2~'40 '~ BO. 00' BO 00' 2 74..95' 78 ~ hTNISblED GRADE ~ oo ~A ~ . ' I /' %~, .~ .~.'~ .~ l / / S. I.,=°31'30'~. 541. 49 ' 274.87' 40 ROCKY o POINT / / 440 E A '~,