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
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/
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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 '~,