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Home My WebLink AboutTR-7184EN-CONSULTANTS, INC. ENVIRONMENTAL CONSULTING 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com February3,2010 FEB - 4 20]0 Lauren Standish Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Scott & Jennifer Schulman- Wetlands Pemit No. 7184 Dear Ms. Standish: In satisfaction of Term and Condition #8 of the captioned permit, the required Declaration of Covenant was recorded in the Office of the Suffolk County Clerk on February 3, 2010. A copy of the recorded document is enclosed for your files. ely yours, Enclosure cc: Scott & Jennifer Schulman COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK CC #: C10-4113 I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on02103/2010 under Liber D00012615 and Page 329 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 0210312010 SUFFOLK COUNTY CLERK JUDITH A. PA$CALE SEAL SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE T~loe of Instrument: DECLARATION Number of Pages: 4 Receipt ~m~er : 10-0014251 District: 1000 Recorded: At: 02/03/2010 10:57:52 AM LIBER: D00012615 PAGE: 329 Section: Block: Lot: 070.00 05.00 041.000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt NO Handling NO NYS SRCHG NO Notation NO RPT Fees Paid Page/Filing $20.00 COE $5.00 TP-584 $0.00 Cert. Copies $5.20 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County Exempt $20 .%o No $15.00 NO $0.00 NO $30.00 NO $95.20 Number of pages This document will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage Instrument Page / Filing Fee t'~'~ Handling 20. O0 Deed / Mortgage Tax Stamp FEES TP-S84 Notation EA-$2 17 (County) Sub Total EA-5217 (State) Comm. of Id. 5. O0 Affidavit NYS Surcharge 15. O0 Sub Total Other Grand Total C~, 1000 07000 0.500 041000 1.000 Real Prop~ ~ Tax Servic Agency Verificati~ 6 l Satisfactions/Discharges/Releases List Property Owners Mailing Address I RECORD & RETURN TO: Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County __ Held for Appointment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # __ of this instrument. Community Preservation Fund EN-CONSULTANTS, INC. 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 TD Mail to: Judith A. Pascale, Suffolk County Clerk J 7 I Title Company Information 310 Center Drive, Riverhead, NY 11901 lCo. Name www.suffolkcountyny.gov/clerk [ Title # Suffolk County Recording & Endorsement Page This page forms part of the attached DECLARATION OF COVENANTS by: (SPECIFY TYPE OF INSTRUMENT) SCOTT & JENNIFER SCHULMAN The premises herein is situated in SUFFOLK COUNTY, NEW YORK. Consideration Amount $ CPF Tax Due $ IImproved ~aDcant Land -- TD made TO In theTOWN of SOUTHOLD TOWN OF SOUTHOLD In the VILLAGE or HAMLET of SOUTHOLD BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) DECLARATION OF COVENANTS £~ott/~and Jenn±fer Schulman, residing at 280 Beverl7 Ro d, 10583, hereinafter referred to as "DECLARANTS": , 2010, by Scarsdale, NY W I TN E S S E T H : WHEREAS, DECLARANTS are the owners of certain real property located on Pine Neck Road, Southold, Town of Southold, County of Suffolk, State of New York, described in the Suffolk County Tax Map as District i000, Section 70, Block 05, Lot 41 and filed in the Office of the Clerk of the County of Suffolk on 6 November 1909 as part of Map No. 297, which is more particularly bounded and described as set forth in Schedule "A" annexed hereto, hereinafter referred to as the Property; WHEREAS, the Property is situated on lands within the jurisdiction of the Board of Trustees of the Town of Southold (hereinafter the "Trustees") pursuant to Chapter 275 of the Town Code of the Town of Southold or its successor, and various activities conducted upon the property may thus be subject to the regulation and approval of the Trustees prior to being conducted; WHEREAS, the DECLARANTS therefore made application to the Trustees for a permit pursuant to the Wetlands Law of the Town of Southold to undertake certain regulated activities; and WHEREAS, as a condition of the granting undertake such regulated activities, the Trustees wide "nonturf buffer" be established with native landward of the top of the slope of the embankment, NOW, THEREFORE, the DECLARANTS do hereby follows: of a Wetlands Permit to required that a five-foot plantings adjacent to and covenant and agree as Upon the substantial completion of the aforementioned permitted activities there shall be established with native plantings and subsequently maintained adjacent to and landward of the top of the slope of the embankment on the subject premises a five-foot wide '~nonturf buffer" as defined by Chapter 275 of the Town Code; and 2) This requirement may only be modified by the DECLARANTS, their heirs, assigns, purchasers, or successors in interest upon resolution of the Trustees. IN WITNESS WHEREOF, STATE OF / ss: COUNTY OF ~~ the owners 2010. have duly executed this instrument this Scott Schulman On the /~ day of ~7~4~ , in the year 2010, before me the ~r~j~ned, a Notary Public/in and for said State, personally appeared Scot~'~U~nnifer Schulman, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signatures on the instrument, the individual or the persons on behalf of which the individuals acted, executed the instrument. ~ ~laalon ~ 12-31.2013 Not y Public SCHEDULE A ALL that certain plot, piece or parcel of land, with the buildings and improvemems thereon erected, situate, lying and being at Pine Neck, near the Village of Southold, County of Suffolk, and State of New York, being lot No. 6, on a map of property of said G Wells Phillips, as surveyed by F.F. Overton, Surveyor, August 1909 and filed in the Suffolk County Clerk's Office on November 6, 1909 as Map No. 297, the easterly and westerly sides being parallel and one hundred (100) feet apart, being more particularly bounded and described as follows: BEGINNING at a point on the northerly side of Pine Neck Road where the same is intersected by the westerly line of lot No. 5; RUNNING Ti:fENCE northerly along the said westerly side of lot No. 5; North 5 degrees 00 minutes East 487.00 feet to the high water mark of Jockey Creek (deed) 490.00 feet (actual); THENCE North 88 degrees 55 minutes 54 seconds West 100.30 feet (deed) 100~23 feet (actual); THENCE along the division line between Lots 6 and 7 as shown on aforementioned map South 5 degrees 00 minutes 00 seconds West 480.00 feet (deed) 484.00 feet (actual) to the northerly side of Pine Neck Road; THENCE along the northerly side of Pine Neck Road South 85 degrees 30 minutes 00 seconds East 100.00 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE same premises conveyed to parties of the first part by deed dated 1/3/97 and recorded in the Suffolk County Clerk's Office on 1/28/97 in Liber 11813 at Page 75. Premises also known as 1575 Pine Neck Road, Southold, N.Y. Jill M. Doherty, President Bob Ghosio, Jr., Vice-President James F. King Dave Bergen John Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 0676C Date: August 2, 2011 THIS CERTIFIES that the demolition of existing and construction of new single- family, two-story dwelling with covered porch, new sanitary system, gutters to leaders to drywells installed, a 5' wide non-turf buffer adjacent to top of slope to be maintained, French drain at base of concrete walkway At 1575 Pine Neck Road, Southold, New York Suffolk County Tax Map # 70-5-41 Conforms to the applications for a Trustees Permit heretofore filed in this office Dated September 1, 2009 pursuant to which Trustees Wetland Permit #7184 Dated September 23, 2009 was issued and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for the demolition of existing and construction of new single-family, two-story dwelling with covered porch, new sanitary system, gutters to leaders to drywells installed, a 5' wide non-turf buffer adjacent to top of slope to be maintained, French drain at base of concrete walkway The certificate is issued to SCOTT & JENNIFER SCHULMAN owner of the aforesaid property. Jill M. Doherty, President Bob Ghosio, Jr., Vice-President James F. King Dave Bergen John Bredemeyer Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DATE OF INSPECTION: Ch. 275 Ch. 111 INSPECTION SCHEDULE __ Pm-construction, hay bale line/silt boom/silt curtain __ 1st day of construction ¼ constructed Project complete, compliance inspection. INSPECTED BY: COMMENTS: CERTIFICATE OF COMPLIANCE: Page 1 of 1 https://uwc.webmail.optimum.net/at~_ch/1000000869.JPG?sid=&mbox--[NBOX&charse -~.~... 7/25/20ll Page I of 1 https://uwc.webmail.optimmn.net/attach/1000000865.JPG?sid-&mbox=lNBOX&charset=... 7/25/20 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 TOV~-N 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 ~ constructed Project complete, compliance inspection. John Bertani Builder Inc. 1380 Oak'~vood Drive Southold, N.Y. 11971 (516) 765-1594 FAX (516) 765-3916 June 29, 2011 Scott & Jennifer Schulman-Permit no. 7184 JUN 2 9 201~ Southhokl ]'own Board of Trustees Ms. Jill Doherty, President SoulhoM Town Trustees P.O. Box 1179 Southold, NY 11971 Dear Ms. Deh~. We are requesting a project complete, compliance inspection for bhe Scott & Jennifer Schulman Residence, 1575 Pine Neck Road, Southold, permit # 7184. Thank you. Sincerely, Unda D. 8eC. ani Vice Pre$iden[ Sent by fax lo 76,56641 - 6/29fl 1 EN-CONSULTANTS, INC. ENVIRONMENTAL CONSULTING 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsulta nts,com Febmmy3,2010 Lauren Standish Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Scott & Jennifer Schg!Iman- Wetlands permit No. 7184 Dear Ms. Standish: In satisfaction of Term and Condition #8 of the captioned permit, the required Declaration of Covenant was recorded in the Office of the Suffolk County Clerk on February 3, 2010. A copy of the recorded document is enclosed for your files. Respectfully yours, Klm Stephens Enclosure cc: Scott & Jennifer Schulman COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK CC #: C10-4113 I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on 02/0:312010 underLiber D000125t5 andPage 3,29 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 02/0312010 SUFFOLK COUNTY CLERK JUDITH A. PASCALE SEAE SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION N~er of Pages: 4 Receipt N-m~er : 10-0014251 District: 1000 Recorded: 02/03/2010 At: 10:57:52 AM LIBER: D00012615 P~E: 329 Section: Block: Lot: 070.00 05.00 041.000 EXAMINED AND CHARGED AS FOLLOWS Page/Filing COE TP-584 Cert. Copies Received the Following Fees For Above Instr--%ut Exempt Exempt $20.00 NO Handling $20.%0 NO $5.00 NO NYS SRCHG $15.00 NO $0.00 NO Notation $0.00 NO $5.20 NO RPT $30.00 NO Fees Paid $95.20 THIS PAGE IS A PART OF THE INSTRUI~LNT THIS IS NOT A BILL JUDITH A. PASC~T.~ Count~ Clerk, Suffolk County Number of pages This document will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage Instrument 31 Page / Filing Fee Handling 20. 00 TP-584 Notation EA-52 17 (County) EA-5217 (State) Comm. of Ed, 5. 00 Affidavit NYS Surcharge 15. O0 Other 4 ] Dist .® Real Prow Tax Servic Agency Verificati, Deed / Mortgage Tax Stamp FEES SubTotal ('~ SubTotal ~ .~O Grand Total (~ ,~-C) d lOOO 07000 osoo 041000 ) .000 Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total SpecJAsslt. or Spec./Add. TOT. MTG. TAX Dual Town Dual County Held for Appointment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES__ or NO ~ If NO, see appropriate tax clause on ~ page, of this instruT..~nl~..tp~, ~C) $ Community Preservation Fund Consideration Amount $ CPF Tax Due 8 Satisfactions/Discharges/Releases Ust Property Owners Mailing Address RECORD & RETURN TO: EN-CONSULTANTS, INC. 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 Improved Vacant Land -- TD TD TD. Mail to: Judith A. Pascale, Suffolk County Clerk Information 310 Center Drive, Riverhead, NY Co. Name www.suffolkcou ntyny.gov/clerk Title # Suffolk County Recording & Endorsement Page This page forms part of the attached DECLARATION OF COVENANTS by: (SPECIFY TYPE OF INS~I~UMEND SCOTT & JENNIFER SCHULMAN The promises herein is situated in SUFFOLK COUNTf, NEW YORK. made TO In theTOWN of SOUTHOLD TOWN OF SOUTHOLD In the VILLAGE or HAMLET of SOUTHOLD BOXES 6 ~I-IRU 8 MUST BE TYPED OR PRINTED IN 8LACK INK ONLY PRIOR TO RECORDING OR FILING. (over) DECLARATION OF COVENANTS THIS DECLARATION made this i~%%' day of ~I0~U ScottAand Jennifer Schulman, residing at 280 Beverly RO d, 10583, hereinafter referred to as "DECLARANTS": , 2010, by Scarsdale, NY W I TNES SETH : WHEREAS, DECLARANTS are the owners of certain real property located on Pine Neck Road, Southold, Town of Southold, County of Suffolk, State of New York, described in the Suffolk County Tax Map as District 1000, Section 70, Block 05, Lot 41 and filed in the Office of the Clerk of the County of Suffolk on 6 November 1909 as part of Map No. 297, which is more particularly bounded and described as set forth in Schedule "A" annexed hereto, hereinafter referred to as the Property; WHEREAS, the Property is situated on lands within the jurisdiction of the Board of Trustees of the Town of Southold (hereinafter the "Trustees") pursuant to Chapter 275 of the Town Code of the Town of $outhold or its successor, and various activities conducted upon the property may thus be subject to the regulation and approval of the Trustees prior to being conducted; WHEREAS, the DECLARANTS therefore made application to the Trustees for a permit pursuant to the Wetlands Law of the Town of Southold to undertake certain regulated activities; and WHEREAS, as a condition of the granting of a Wetlands Permit to undertake such regulated activities, the Trustees required that a five-foot wide "nonturf buffer" be established with native plantings adjacent to and landward of the top of the slope of the embankment, NOW, THEREFORE, the DECLARANTS do hereby covenant and agree as follows: 1) Upon the substantial completion of the aforementioned permitted activities there shall be established with native plantings and subsequently maintained adjacent to and landward of the top of the slope of the embankment on the subject premises a five-foot wide "nonturf buffer" as defined by Chapter 275 of the Town Code; and 2) This requirement may only be modified by the DECLABANTS, their heirs, assigns, purchasers, or successors in interest upon resolution of the Trustees. IN WITNESS WHEREOF, the owners have duly executed this instrument day of ~ /6 , 2010. ~ ,/ STATE OF ~/~ : // f ss: counTY OF Scott Schulman ~'~hnifer Schulman this On the /~ day of ~U~ , in the year 2010, before me the ~n~ned~--a Notary Public/in and for said state, personally appeared Scot~l~'-J~nnifer Schulman, peksonally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signatures on the instrument, the individual or the persons on behalf of which the individuals acted, executed the instrument. 2 SCheDULE A ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Pine Neck, near the Village of Southold, County of Suffolk, and State of New York, being lot No. 6, on a map of property of said G. Wells Phillips, as surveyed by F.F. Overton, Surveyor, August 1909 and filed in the Suffolk County Clerk's Office on November 6, 1909 as Map No. 297, the easterly and westerly sides being parallel and one hundred (100) feet apart, being more particularly bounded and described as follows: BEGINNING at a point on the northerly side of Pine Neck Road where the same is intersected by the westerly line of lot No. 5; RUNNING T~ENCE northerly along the said westerly side of lot No. 5; North 5 degrees 00 minutes East 487.00 feet to the high water mark of Jockey Creek (deed) 490.00 feet (actual); Ti~NCE North 88 degrees 55 minutes 54 seconds West 100.30 feet (deed) 100.23 feet (actual); Ti~ENCE along the division line between Lots 6 and 7 as shown on aforementioned map South 5 degrees 00 minutes 00 seconds West 480.00 feet (deed) 484.00 feet (actual) to the northerly side of Pine Neck Road; TI;ENCE along the northerly side of Pine Neck Road South 85 degrees 30 minutes 00 seconds East 100.00 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE same premises conveyed to parties of the first part by deed dated 1/3/97 and recorded in the Suffolk County Clerk's Office on 1/28/97 in Liber 11813 at Page 75. Premises also known as 1575 Pine Neck Road, Southold, N.Y. MARTIN D. FINNEGA~ TOWN ATTORNEY martin.finnegan@town.southold.ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jennifer.andaloro@town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse@town.southold.ny.us SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Robert E. Hemaann Coastal Management Specialist 1319 North Sea Road Southampton, NY 11968 December 18, 2009 RE: Scott and Jennifer Schulman, Wetlands Permit No. 7184 Dear Mr. Herrmann, I have reviewed the Declaration of Covenants draft you submitted to this office with respect to the above referenced applicant which will executed and filed with the County pursuant to §275-10(K) of the Town Code of the Town of Southold. Please note that a copy of this document or, in the alternative, a sworn stat~raent attesting to the filing is to be presented to the Office of the Board of Trustees within 90 days of issuance of the permit. Regards, Loft M. Hulse Assistant Town Attorney Cc: Board of Trustees 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 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 V//~ Pre-construction, hay bale line st day of construction constructed t,~ Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7184 DATE: SEPTEMBER 23~ 2009 ISSUED TO: SCOTT & JENNIFER SCHULMAN PROPERTY ADDRESS: 1575 PINE NECK ROAD~ SOUTHOLD SCTM# 70-5-41 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 Seoteraber 23, 2009, and in consideration of application fee in the sum of $250.00 paid by Scott & Jennifer Schulman 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 demolish the existing one-story dwelling and construct a new single-family, two-story dwelling with covered porch located 5.5' farther from wetlands and in line with neighboring dwellings; abandon existing sanitary system located less than 100' from wetlands and install new, upgraded sanitary system more than 100' from wetlands; install a drainage system of drywells; and establish 5' wide non-turf buffer adjacent to top of slope in place of existing lawn, with the condition of the installation of a French drain at the base of the concrete walkway, a line of staked hay bales with silt fencing is installed prior to construction, and as depicted on the site plan prepared by Destin Graf P.L.S., P.C., last dated September 3, 2008, and received on September 1, 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 a.s of this date. TERMS AND CONDITIONS ..¸ The Permittee Scott & Jennifer Schulman, residing at 1575 Pine Neck Road, Southold, 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 from 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 of the 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, thc said Permittee 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 pen'nit 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 (91}) calendar days of issuance of this permit. That the said Board Wi}l 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 Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 September 23, 2009 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Robert E. Herrmann En-Consultants, Inc. 1319 North Sea Road Southampton, NY 11968 RE: SCOTT & JENNIFER SCHULMAN 1575 PINE NECK ROAD, SOUTHOLD SCTM# 70-5-41 Dear Mr. Herrmann: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, September 23, 2009 regarding the above matter: WHEREAS, En-Consultants, Inc. on behalf of SCOTT & JENNIFER SCHULMAN 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 Southold, application dated September 1,2009, 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 September 23, 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 conceming 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 SCOTT & JENNIFER SCHULMAN to demolish the existing one-story dwelling and construct a new single-family, two-story dwelling with covered porch located 5.5' farther from wetlands and in line with neighboring dwellings; abandon existing sanitary system located less than 100' from wetlands and install new, upgraded sanitary system more than 100' from wetlands; install a drainage system of drywells; and establish 5' wide non-turf buffer adjacent to top of slope in place of existing lawn, with the condition of the installation of a French drain at the base of the concrete walkway, a line of staked hay bales with silt fencing is installed pdor to construction, and as depicted on the site plan prepared by Destin Graf P.L.S., P.C., last dated September 3, 2008, and received on September 1, 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.O0 Very truly yours, j me~sF. Kin~g ~ President, Board of Trustees JFK/eac 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 TO: BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Please be advised that your application dated,~,~.~lOe~ /, c~-OO ? has been reviewed bY this Board at the regular meetin~ of ~'~4,~r-~,3, ~(:~ and your application has been approved pending the coml~letior~ of the following items checked off below. __ Revised Plans for proposed project ~'/~Pre-Construction Hay Bale Line Inspection Fee ($50.00) __ 1st Day of Construction ($50.00) __ ¼ Constructed ($50.00) ~(;~C.v'~ Final Inspection Fee ($50.00) Dock Fees ($3.00 per sq. ft.) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE:$ BY: James F. King, President Board of Trustees James Eckert, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631 ) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., September 16, 2009, the following recommendation was made: Moved by Jack McGreevy, seconded by Doug Hardy, it was RESOLVED to SUPPORT the Wetland Permit application of SCOTT & JENNIFER SCHULMAN to demolish the existing one-story dwelling and construct a new single- family, two-story dwelling with covered porch located 5.5' father from wetlands and in line with neighboring dwellings; abandon existing sanitary system located less than 100' from wetlands and install new, upgraded sanitary system more than 100' from wetlands; install a drainage system of drywells; and establish 5' wide non-turf buffer adjacent to top of slope in place of existing lawn. Located: 1575 Pine Neck Rd., Southold. SCTM#70-5-41 Inspected by: Doug Hardy, Jack McGreevy The CAC Supports the application with the Condition the erosion problems are addressed, the cement block wall is repaired, a catch basin or pervious area is installed to contain run-off, and gutters, leaders and drywells are installed to contain the roof run-off. Vote of Council: Ayes: All Motion Carried James F King, President Jill M Doherty, 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 SCOTT & JENNIFER $CHULMAN request a Wetland Permit to demolish the existing one-story dwelling and construct a new single-family, two-story dwelling with covered porch located 5.5' father from wetlands and in line with neighboring dwellings; abandon existing sanitary system located less than 100' from wetlands and install new, upgraded sanitary system more than 100' from wetlands; install a drainage system of drywells; and establish 5' wide non-turf buffer adjacent to top of slope in place of existing lawn. Located: 1575 Pine Neck Rd., Southold. SCTM#70-5-41 Ty)~ of area to be impacted: '~' Saltwater Wetland Freshwater Wetland __Sound Bay Distance of proposed work to edge of wetland .P~c.Of Town Code proposed work falls under: hapt.275 Chapt. 111 other Type of Application: v/wetland __Coastal Erosion __Amendment ~Administrative__Emergency Pre-Submission __Violation Info needed: Modifications: Conditions: PresentWere:~J.King ~JDoherty~PDickerson ~D. BergencBGhosio,_ __ . __ . , __ . D. Dzenkowski other Form filled out in the field by Mailed/Faxed to: Date: SCOTT AND JENNIFER SCHULMAN~ 1575 PINE NECK ROAD~ SOUTHOLD Figure 1. Looking southwest at existing dwelling to be replaced and at adjacent dwelling to west. Figure 2. Looking southeast at existing dwelling to be replaced and at adjacent dwelling to east. SCOTT AND JENNIFER SCHULMAN~ 1575 PINE NECK ROAD~ SOUTHOLD Figure 3. Looking east at slope, 18-foot elevation contour (top of slope), and existing dwelling to be replaced. Figure 4. Looking south from top of slope over adjacent tidal wetlands and Jockey Creek. SCOTT AND JENNIFER SCHULMAN, 1575 PINE NECK ROAD, SOUTHOLD Figure 5. Looking north at location of proposed dwelling to replace exist#tg dwelling to be demolished. OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. 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: MEMORANDUM Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: September 18, 2009 Re: Proposed Wetland Permit for SCOTT & JENNIFER SCHULMAN SCTM#1000-70-5-41 En-Consultants, Inc on behalf of SCOTT & JENNIFER SCHULMAN requests a Wetland Permit to demolish the existing one-story dwelling and construct a new single-family, two-story dwelling with covered porch located 5.5' father from wetlands and in line with neighboring dwellings; abandon existing sanitary system located less than 100' from wetlands and install new, upgraded sanitary system more than 100' from wetlands; install a drainage system of drywells; and establish 5' wide non-turf buffer adjacent to top of slope in place of existing lawn. Located: 1575 Pine Neck Rd., Southold. SCTM#70-5-41 The proposed residential structure is located in FIRM Flood Zone X. 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 provided that the following recommendations to further the below listed policies are implemented. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 6.3 Protect and restore tidal and freshwater wetlands. Maintain buffers to ensure that adverse effects of adjacent or nearby development are avoided: Maintain buffers to achieve a high filtration efficiency of surface runoff. Avoid permanent or unnecessary disturbance within buffer areas. Maintain existing indigenous vegetation within buffer areas. If the action is approved it is recommended that the Board require the establishment of a perpetual landscaped buffer landward from the "top-of-slope". A sample definition follows: LANDSCAPED BUFFER -- a land area of a certain lenqth and width which is planted with indigenous, drought tolerant, vegetation similar to that found within the immediate proximity of the parcel. Veqetation shall be installed in sufficient densities to achieve ninety-five (95) percent ground cover within two years of installation. Survival of planted veqetation shall be (ninety) 90 percent for a period of three years. Maintenance activities within the buffer are limited to removin.q vegetation which are hazardous to life and property, trimming tree limbs up to a height of fifteen feet (15') to maintain viewsheds, replanting of vegetation and establishin,q a four foot (4') wide access path constructed of pervious material for access to the water-body. Further, to further Policy 5, "Protect and improve water quality and supply in the Town of $outhold" and protect and improve the water quality and supply in the area; the following best management practices are recommended: 1. Require that the existing dirt drive remain pervious into perpetuity. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney James F. King, President Jill M. Dougherty, Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631 ) 765-1892 Fex (631) 765-1366 Office Use Only Coastal Erosion Permit Application ~__~etland Permit Application -~ajor Waiver/Amendment/Changes .~'~eceived Application: q!l I~ ,,/Received Fee:$ ~ ~-Completed Application ~ [ I 10 ~ Incomplete SEQRA Classification: Type I Type II Unlisted Coordination:(date sent) ~---~AC Referral Sent: C~ ~'~-{-(~ LJ~ate of Inspection: ~ [ q t(~ Receipt of CAC Report: Lead Agency Determination:__ Technical Review: -.~r~ublic Hearing Held: E~ (~}~3((-~ Resolution: Name of Applicant SCOTF&JENN1FERSCHULMAN Minor Address 280 BEVERLY ROAD SCARSDALF~ NY 10583 Phone Number: 201-938-4363 Suffolk County Tax Map Number: 1000 - t'}0'~ ~/~ I Property Location: 1575 PINENECK ROAD, ~D (provide LILCO Pole #, distance to cross streets, and location) AGENT: EN42ONSULTANTS, INC. (If applicable) Address: 1319 NORTH SEA ROAD, SOLrlI-tAIV~ON, NY 11968 Phone: 631-283-6360 Board of Trustees Appli, GENERAL DATA Land Area (in square feet): 48,698 SQ. FT. Area Zoning: R-40 ion Previous use of property: RESIDENTIAL Intended use of property: NO CHANGE Covenants and Restrictions: X No__ Yes If "Yes", please provide copy. Prior permits/approvals for site improvements: Agency Date __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: Project Description (use attachments if necessary): Demolish existing one-story dwelling and construct new single-family, two-story dwelling with covered porch located 5.5 feet farther from wetlands and in line with neighboring dwellings; abandon existing sanitary system located less than 100 feet from wetlands and install new, upgraded sanitary system more than 100 feet from wetlands; install a drainage system of drywells; and establish 5' wide nonturf buffer adjacent to top of slope in place of existing lawn, all as depicted on the site plan prepared by Destin Graf P.L.S., P.C., last dated July 2009. Board of Trustees Applicjon WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Construction of new single-family dwelling in place of existing dwelling. Area of wetlands on lot: 1,728 .square feet Percent coverage of lot: +/-3.5 Closest distance between nearest existing structure and upland edge of wetlands: 50 feet Closest distance between nearest proposed structure and upland edge of wetlands: 5.5 feet Does the project involve excavation or filling? ~o X Yes If yes, how much material will be excavated?+/-350 How much material will be filled? N/A cubic yards Depth of which material will be removed or deposited: +/-8 Proposed slope throughout the area of operations: N/A Manner in which material will be removed or deposited: cubic yards (for proposed dwelling) feet 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 consists of the construction of a new dwelling in place of an existing dwelling to be demolished. The new dwelling will have a larger footprint but will be located approximately 5.5 feet farther from wetlands and in line with the neighboring dwellings (consistent with Section 275-1 l(A)(3)) and equipped with a drainage system of drywells. An existing nonconforming sanitary system located less than 100 feet from wetlands will also be removed in favor of an upgraded system located mom than 100 feet from wetlands, and a 5' nonturfbuffer will be established adjacent to the top of slope in place of existing lawn. Therefore, the project will not have any significant adverse impacts on the adjacent tidal wetlands. 14-1,6~4 (2/87)--Text 2 PROJECT I.D. NUMBER SHORT Appendix C State Environmental Quality Review ENVIRONMENTAL ASSESSMENT For UNLISTED ACTIONS Only PART I -- PROJECT INFORMATION (To be completed by Applicant or Project sponsor) I APPLICANT/SPONSOR: SCOTT & JENNIFER SCHULM^N BY 2. PROJECT NAME EN-CONSULTANTS, INC. 3 PROJECT LOCATION: Municipality SOUTHOLD County SUFFOLK 4 PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc, or provide map) 1575 PINE NECK ROAD, TOWN OF SOUTHOLD, SCTM #1000-70-5-41, MAPS PROVIDED. ~]'S~OPOSED ACTG E~ansion [] Modification/alteration 6 DESCRIBE PROJECT BRIEFLY: FORM SEQR Demolish existing one-story dwelling and construct new single-family, two-story dwelling with covered porch located 5.5 feet farther from wetlands and in line with neighboring dwellings; abandon existing sanitary system located less than 100 feet from wetlands and install new, upgraded sanitary system more than 100 feet from wetlands; install a drainage system of drywells; and establish 5' wide aonturf buffer adjacent to top of slope in place of existing lawn, all as depicted on the site plan prepared by Destin Graf P.L.S., P.C., last :lated July 2009. Initially 48,698 S.F. acres Ultimately 48,698 S.F. acres [~TYes [] 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, SCDH 11 DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ~lYes [] NO If yes, list agency name and permit/approval []Yes []N 0 D A T E AUGUST 27, 2009 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 ard of Trustees Applicatit AUTHORIZATION (where the applicant is not the owner) (print owner of property) (mailing address) do hereby authorize ~7"- /x./ '- CO/~,)ff O t T,'q~lT I (Agent) to apply for permit(s) from the Southold ~.~ Trustees on my behalf. (Owner's signature) of Trustees Applicati~ County of Suffolk State of New York ,_C~'O 7'-f' oC'"'~'[-'/CJZ~ ~ f~/'"-') 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, 1 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 /00'' DAY OF /-~ ,20~7 Notary Public APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Soutbold's Code of Ethics r~mhibits conflicts of interest on the oart of town officers and emolovees. The t~umose of this form is to t~rovide information which can alert the town of t~ossible conflicts of interest and allow it to take whatever action is necessar~ to avoid same. ~x~,-~ ,~,~ O~'P ~ YOUR NAME: ~.,c..,~.~ I . (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If "Otber", 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, or business interest. "Business 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", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) 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, parent, or child is (check all that apply): __A) the owner of greater than 5% oftbe shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); __.C) an officer, director, partner, or employee of the applicant; or __.D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS I S u b mit t ed t h i s ~:~fiyff' Signature Print Name James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (63 I) 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 SCOTT AND JENNIFER SCHULMAN COUNTY OF SUFFOLK) STATE OF NEW YORK) INC. 1, ~20~1~I-~- ~[qA ,residingat/!~..) 1319 NORTH SF_A ROAD SOUTHAMPTON, NY 11968 being duly sworn, depose ~d say: 631483-6360 That on the ID ~y~f ~ - , 200 ~ I personally post~ the prope~y known as by placing the Board of Trustees officifl poster wh~e it c~ easily be seen, ~d that I have checked to be sure the poster has remained in place for ei~t days prior to the date of the public hemng. Date ofhemng noted thereon to be held Wed. September 23~ 2009 on or about 6:00 PM. Dated: ~ ~ (siva Sworn to before me this o~ dayof-~ 200~9 NOTICE TO ADJACENT PROPER~OWNER BOARD OF TRUSTEES, TOWN OF SOUTNOLD In the matter of applicant:SCOTT&JENNIFERSCHULMAN SCTM#1000-- 70-5-41 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the Permit from the Board of Trustees to: undersigned to request Demolish existing one-story dwelling and construct new single-family, two-story dwelling with covered porch located 5.5 feet farther from wetlands and in line with neighboring dwellings; abandon existing sanitary system located less than 100 feet from wetlands and install new, upgraded sanitary system more than 100 feet from wetlands; install a drainage system of drywells; and establish 5' wide nonturf buffer adjacent to top of slope in place of existing lawn, all as depicted on the site plan prepared by Destin Graf P.L.S., P.C., last dated July 2009. 2. That the property which is the subject of Environmental Review-is located adjacent to your property and is described as follows: 1575 PINE NECK ROAD, CUTCHOGUE, 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:SEPT. 23rd, 2009 ~ 6:00 P.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. OWNERS NAME: SCOTT&JENNIFERSCHULMAN MAILING ADDRESS: 280 BEVERLY ROAD SCARSDALE, NY 10583 PHONE #: 201-938-4363 Enc. : Copy of sketch or plan showing proposal for your convenience. 5 Name: Pine Neck Holdings, LLC Deborah Deaver & John Fischetti Charles Breitstadt 'ROOF OF MAILING OF NOTIC EH CERTIFIED MAIL Address: 119 Garfield Street Garden City, NY 11530 7540 Main Bayview Road Southold, NY 11971 7810 Seddon Drive Dublin, OH 43016 STATE OF NEW YORK COUNTY OF SUFFOLK ROBERTE. HERRMANN doing business atEN-CONSULTANTS, INC. 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 being duly sworn, deposes and says that on the 28th day of AUGUST ,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 the United States Post Office at SOUTHAMPTON , that said Notices were mailed to each of said perso~ns by (certified} ~x=~x~k~i) m a i 1 . Sworn to before me this 28th COASTAL MANAGEMENT SPECIALIST day of AUGUST ,2009 OFFICIAL Cerlffied Fee Return F Total P~tage & Fee8 S USE ~ [~ntro Pine Neck Holdings, LLC D ~;7~5."~.7 119 Garfield Street Garden City, NY 11530 OFFICIAL USE Deborah Deaver & John Fischelti 7540 Main Bayview Road Southold, NY 11971 I OFF CIAL USE. Charles Brei~dt 7810 SeddonDfive DublimOH43016 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS 1. A II applicants f0r perm its* including T 0w n 0f S0uth01d agencies, shall c0m plete this C C A F f0r proposed actions that are subject to the T0wn of S0uth01d Waterfront Consistency Review Law. This assessmentisintended to supplement0therinf0rmati0n used by a Town of South01d agency in m a k in g a d e t e r m in a ti 0 n 0 f ¢ 0 n s is to n ¢ y. *Exce£t 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- suooortin~ facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. SCTM# 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 70 5 41 PROJECT NAME scott & JENNIFER SCHULMAN The Application has been submitted to (check appropriate response): Town Board ~ Planning Board[--] Building Dept. ~] Board of Trustees [~] 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) (c) Permit, approval, license, certification: Nature and extent of action: Demolish existing one-story dwelling and construct new single-family, two-story dwelling with covered porch located 5.5 feet farther from wetlands and in line with neighboring dwellings; abandon existing sanitary system located less than 100 feet from wetlands and install new, upgraded sanitary system more than 100 feet from wetlands; install a drainage system of drywells; and establish 5' wide nonturf buffer adjacent to top of slope in place of existing lawn, all as depicted on the site plan prepared by Destin Graf P.L.S., P.C., last dated July 2009. Location of action: 1575 PINE NECK ROAD, SOUTHOLD Site acreage:. 1.12ACRES Present land use: RESIDENTIAL, ONE-FAMILY DWELLING 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: SCOTT & JENNIFER SCHULMAN (b) Mailing address: 280 BEVERLY ROAD SCARSDALE, NY 10583 (c) Telephone number: Area Code 201-938-4363 (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. [--]Yes ~] 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 Ill - Policies Pages 6 through 7 for evaluation criteria [~] Yes ~ No [--'] Not Applicable The project is consistent with Policy 3 insofar as the newly constructed dwelling will be relocated landward of the existing dwelling to be demolished so as to align with the neighboring dwellings and maintain the character of this developed shoreline. The project will also establish a nonturf buffer along the top of the slope, thus enhancing the natural appearance of the landscape between the dwelling and the shoreline. 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 lI1 - 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 l~ ]Not Applicable The project will protect and improve water quality and thus be consistent with Policy 5 through the establishment of an a 5-foot wide nonturf buffer in place of existing maintained lawn area landward of the top of slope. The surface water runoffabsorption capacity of the site will be increased additionally through installation of a drainage system ofdrywells to capture and recharge roof runoff. Water quality will be further improved via installation ora new, upgraded sanitary system to be located more than 100 feet from tidal wetlands in place of an existing system located less than 100 feet from wetlands. 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. Yes [~ No [---] Not Applicable The project is consistent with Policy the drainage and septic treatment im [ described above (see Policy 5) and because of the landward relocation of the dwelling, establishment of a nonturf buffer, and the use of a project-limiting fence & staked haybales during construction. With respect to compliance with Trustees & NYS DEC Laws & Regulations, the work will be exempted from DEC Tidal Wetlands jurisdiction due to its location landward ora top of slope more than 10' above mean sea level. Due to the existing development scheme of the subject property (including the location of the parking area, garage, and swimming pool) and the locations of the adjacent dwellings, it is impracticable to relocate the dwelling entirely beyond Trustees jurisdiction, but the new dwelling will be located landward enough to align with the adjacent dwellings, as required by Section 275-1 l(A)(3). 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. W1 Yes I--1 No Not App,icab,e 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 Policy 10. Protect Southold's Ocr-dependent uses and promote s~ of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation crlteria. [--] Yes [--] No [~ Not Applicable 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 [--] No [~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. ~] Yes ~] No [~ Not Applicable 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~ E.~RRM~ TITLEcoASTALMGMTSPECIALIST DATE 8/27/09 Amended on 8/1/05 EN-CONSULTANTS, INC. 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com ENVIRONMENTAL CONSULTING Augu~ 27,2009 Town of Southold Board of Trustees 54375 Main Road Post Office Box 1179 Southold, New York 11971 Attn.: Lauren Standish Scott & Jennifer Schulman 1575 Pine Neck Road, Southold SCTM #1000-70-5-41 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) Surveys. One (1) set of site photographs. Application fee of $250.00 wetlands. Three (3) LWRP Consistency Assessment Forms including a) survey. 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. Sincerely, Robert E. Herrmann Coastal Management Specialist /khs Enc. TAX I.D. No. 1000 70-05 41 JOB No. g8 55 J ~--~ ,- JOCI(J~Y CREEK ~-~ S 88°55'54" E 100.23' ZONE AE wood border Fhlm GARAG] poJe DESTIN GRAF P LS., PC 23.2 LOT 6~ N ~5°30'00', W 100,00' [ PINE NECK ROAD ~ ~.9 P.O. BOX 704 ROCKY POINT, NEW YORK 11778 PHONE [631] 821-3442 pole flag#3 sURVEY pLrlLPOSE' BLDG PERMIT C ERTISmlED ONLY TO. SCOTt & ~i51Nl~ PX( SC~IULMAN DEPT OF ENVIRONMETAL CONSERVATION SUFFOLK COUNTY DEPT. OF I-IF~,LT~I SERVICES SOUTHOLD TRUSTEES & hayboles adjacent dwelling SITE PLAN NOTES SEPTIC PROFILE 26' 165 LOT 5 DOC RES 34' "SITE PLAN - JULY 2009" FILE ~ No. 297, NOVEMBER 6,1909 SURVEY OF: LOT 6 PLAN OF LOTS BY MR. G. WELLS PHIl,LIPS AT PINE NECK, TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK SURVEY DATE: 09/03/2008 SCALE: 1"=30' BY Destln G Graf N YState License No 50067 TAX I.D. No. 1000-70 05-41 JOB No. 98 55 S 88°55'54" E JOCKEY CREEK '~' DESTIN GRAF P.LS., PC P.O BOX 704 ROCKY POINT, NEW YORK 11778 PHONE [631] 821 3442 100.23' flag tw 95 173 PROPOSED GARAGE N ~5°30'00', W 100.00' PINE NECK ROAD SURVEY PURPOSE. BLDG PEthMIT CEIZTi~IED ONLY TO' SCOTT & JETNN Ii-'Eli SCI4ULMAI4 DEPT. OF ENVIRONMETAL CONSERVATION sUFFOLK COUNTY DEPT. OF HEALTIrI SERVICES SOUTItOLD TP. UST~E S adjacent dwelling pore SEPTIC PROFILE [ NTS,] [8¸9 LOT 5 142' s4, FILE MAP No. 297, NOVEIIBER 6, 1909 SURVEY OF: LOT 6 PLAN OF LOTS BY MR. G. WELLS PHIl,LIPS AT PINE NECK, TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK SURVEY DATE: 09/03/2008 SCALE: 1"=30' BY Destin G Graf N.YStote License No 50067