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Home My WebLink AboutTR-7183 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 % constructed Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7183 DATE: SEPTEMBER 23~.2009 ISSUED TO: SOUTHVIEW CUSTOM BUILDERS PROPERTY ADDRESS: SOUTH SIDE OF MAIN BAYVIEW RD.~ SOUTHOLD SCTM#87-5-21.4, 21.7, 21.9, 21.10~ 21.11~ 21.12~ 21.13 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chagtcr 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board 6f Trustees adopted at the meeting he~d on Sent. 23.2009 in consideration of application fee in the sum of $250.00 paid b~. subject to th~ and permits the following: Wetland Permit for the subdivision of a 14.54 acre property into three lots, construction of three single-family dwellings with associated sanitary systems, access gravel driveway, and 5' wide access path to Corey Creek, and as depicted on the site prepared by Nelson & Pope last revised August 17, 2009 and stamped approved on September 23, 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, Southview Custom Builders, c/o Don Ryan, 18 Lawn Ave., West Islip, NY, 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 am 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, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. ¸9. The Permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Office of the Clerk of the County of Suffolk as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety (90) calendar days o[issuance of this permit. That the said Board will b* notified by the Permittee of the completion of the work authorized..~' 10. 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 Holl 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 OFSOUTHOLD Nelson, Pope & Voorhis, LLC c/o Sara daSilva 572 Walt Whitman Rd. Melville, NY 11747 RE: SOUTHVIEW CUSTOM BUILDERS SOUTH SIDE OF MAIN BAYVIEW RD., SOUTHOLD SCTM#87-5-21.4, 21.7, 21.9, 21.10, 21.11, 21.12, 21.13 Dear Ms. daSilva: The Board of Town Trustees took the following action during its regular meeting held on Wed., September 23, 2009 regarding the above matter: WHEREAS, Nelson, Pope & Voorhis, LLC on behalf of SOUTHVIEW CUSTOM BUILDERS applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance, application dated September 2, 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 concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, and, 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, and, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees has found the application to be Consistent with the Local Waterfront Revitalization Program, and, BE IT FUTHER RESOLVED, that the Board of Trustees APPROVES the application of SOUTHVIEW CUSTOM BUILDERS for the subdivision of a 14.54 acre property into three lots, construction of three single-family dwellings with associated sanitary systems, access gravel driveway, and 5' wide access path to Corey Creek, and as depicted on the site plan prepared by Nelson & Pope last revised August 17, 2009 and stamped approved on September 23, 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: $50.00 Very truly yours, Jame ,~King, Pre~r~side'e~ Board of Trustees JFK/Ims 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 TO: ..~O~hO'lCf,.c.I (~Ot~n'l ,,~l,C.,u'lnl.~¢~ ¢ Please be advised that your application dated c~/;z I O ~ has been reviewed by this Board at the regular meeting of o/!D."5 J ¢f;J and your application has been approved pending the completion 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) V'/ Final Inspection Fee ($50.00) __ Dock Fees ($3.00 per sq. ft.) Permit fees ara 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 SOUTHVlEW CUSTOM BUILDERS for the subdivision of a 14.54 acre property into three lots, construction of three single-family dwellings with associated sanitary systems and access gravel driveway. Located: South Side of Main Bayview Rd., Southold. SCTM#87-5- 21.4,21.7,21.9,21.10,21.11,21.12,21.13 Inspected by: Jack McGreevy, Doug Hardy The CAC Supports the application with the Condition the vernal pond is protected and efforts are made to save as many trees as possible, over and 8" DBH. Vote of Council: Ayes: All Motion Carried Jmnes F. Krug. President Jill M. Doheny, Vice-Presidcnt Peggy A. Dickerson Dave Bergcn Bob Ghosio, Jr. P.O. Box 1179 Southold, NY 11971 Tclephonc (631 ) 765-1892 Fax (631 ) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: SOUTHVIEW CUSTOM BUILDERS requests a Wetland Permit for the subdivision of a 14.54 acre property into three lots, construction of three single-family dwellings with associated sanitary systems and access gravel driveway. Located: South Side of Main Bayview Rd., Southold. SCTM#87-5- 21.4,21.7,21.9,21.10,21.11,21.12,21.13 Type of area to be impacted: Saltwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: __Chapt.275 Chapt. 111 other Type of Application: Wetland __Coastal Erosion __Amendment ~Administrative__Emergency Pre-Submission __Violation Info needed: Modifications: Conditions: Present Were: __&King __J.Doherty __P.Dickerson D. Dzenkowski other Form filled out in the field by D. Bergen__ B.Ghosio, Mailed/Faxed to: Date: ~IOTICE COVENANT TO THE DEED THIS DECLARATION, dated the J~day of June, 2009, is made by SOUTI-IVIEW CUSTOM HOMES TWO, INC. (hereinafter the "Declarant'), whose ~ is 1 g Lawn Avenue, West Islip, New York 1179~. WITNESSETH: WHEREAS, thc Declarant is the owner of certain real property located in the Town of Southold, County of Suffolk, Statc of New York, District 1000, Section 0Ii?.00, Block 05.00, Lots 021.010. 021.007, 021.01 I, 021.012, 021.009 and 021.013 which real property is more particularly described in Schedule A annexed harclo (hcreinaRer referred to as the "property"); and · · red, dated tidal wetlands which have WHBREAS, the property is situated m or adjacent to Conservation ~ Y.ork :5tat~ Department of Environmental been inventoried and mapped by the New . . ,, , (hereinafter "Department"), pursuant to Env~ronmentsl Conscrvation Law (heremafl~ ECL ') Article 25 (also known as the "Tidal Wetlands Act") and Pan 661 of Title $ of the New York Code of Rulas and Rcgulafious (hereinafter "6 NYCRR"); and WHEREAS, various actlvltie~ conducted both in and adjacent to tidal wetlands are regulated by the Department pursuant to BCL AlliCle 2~ and Part 661 of 5 NYCRR and require written authorization from the Department prior to being conduc~xi. NOW, THEREFORE, in recognition of the DepartmenCs jurisdiction as set forth above, it is the responsibility of a party having any right, title or interest in the Property, to obtain from the Department or any successor organization, a current dcscri@tion of all activltlcs which are regulated pursuant to ECL Article 25 and Pan 61 of 6 NYCRR, and to obtain written authorization from the Depa~h~ent prior to such regulated activities being conducted on the Property. Regulated activifics include, but arc not limited to clearin8 of vesetation; applicalion of chemicals; excavation; grading and fillin~, dredging; erection of structures; conslruciion or reconstruction of shoreline erosion stmcturcs; and comtmction and reconstruction of docks and bulkheads. SOUTHVIF,,W'I~STOM I~OMES TWO, INC. STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) On the fi day of June in the year 2009, before me. the undersigned, a Notary Public in and for said state, personally appeared Donald Rye, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and aeknowtedged to me that he executed the same in his capacity, and that by his signature on the instrument, the person or entity upon behalf of which the person acted, executed / /- NOt~ Vubffc ROSEMARIE KIRK NOTARY PUBUC, STATE Ot= NEW YORI( NO. 01KI6075239 QUALIFIED IN SUFFOLK COUNTY MY COMMISSION EXPIRES JUNE 3, 2010 pARCEL I ALL THAT CERTAIN PLOT~ PIECE~ OR PARCEl. OF LAND~ SFrHA'I'E~ LYING, ANB BEING AT BAYVIEW~ THE TOWH OF SOUTHOLD~ COuH'rY OF SUFFOLK AND STATE OF NEW YoRK BEING BOUNDED D~ED AS FOLLOWS: BEGINIq~IG AT A MONUMENT SET ~N THE SOUTHERLY ~ OP HAiN BAYV~EW ROAD AT THE NORTHWE~ ~ i:~,LY CORNER OF LAND NOW OR FORMERLY EDSON; RUNNING THENC~ SOUTHERLY ALONG LAND NOW OR FORMERLY OF EDSON THE FOLLOWING 2 COURSES AND DLTrANCES: . I, SOUTH 29~' 57' 20" WEST 300,00 FEET; 2. ,SOUTH 35° 10' 10" WEST 857.37 FEET TO THE HIGH WATER M,ARK OF COREY CREEK AS OBSERV~D THENCE IN ^ GENERAL NORTHWESTERLY DIRECTION ALONG SAID H]'GH:WATER HARK THE . FOLLOWING 8 COURSES AND D~TANCES: ~.. SOUTH 74=' 02' 45" WEST 57.50 FEET; 2. NORTH 76° 41' 52" WEET 29.15 FEET~. 3. NORTH 39° 19' 24" WEST 49.48 FEET; 4. NORTH 04° 17' 48" SECONDS EAST 83.30 FEET; 5. NORT}~i 300 28' 23" SECONDS EAST 6S.77 FEET; 6. NORTH 06e 32' S9';' EAST 58.02 FEET; 7. NORTH 41° 02' 34" WEST 21."45 FEET; 8, NORTH 16= Sl' 23" WEST 2.4:1 FEET; THENCE NORTH 43e 00' DO" EAST 718.60 FEET; THENCE NORTH 29" 57' 20" EAST 300.00 FEET TO THE SOUTHERLY SIDE OF MAIN BAYV~EW ROAD; THENCE SOUTH 60e 02' 40" EAST ALONG THE SOUTHERLY SIDE OF F4A~N ~YV~EW ROAD S0.00 FEET TO A MONUMENT'SET ATTHE PobNT OR PLACE OF BEGINNING, SCHEDULE "A" CON'I/NUED pARCEL ALL T1,L~T CERTAIN PLOT, I:n.[ECI~, OR PARCEL OF LRND~ S~I'UA'rF_~ LYING, AND THE TOWN OF SOLrI'HOLD, COUNTY OF SUFFOLK AND STATS OF NEW YORK BEING BOUNDED AND · DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY SIDE OF MAIN BAYVIEW ROAD DISTANT 50.00 FEET wESTERLY FROM THE NORTHWESTERLY CORNER OF LAND NOW OR FORMERLY OF EDSON; RUNNING THENCE SOUTH 29~' 57' 20" wEST q00.00 FEET; THENCE NORTH 60"' 02~ 40" WEST 74.97 FEET; THENCE NORTH 25~' :1.'~' :30" EAST 301.04 FEET TO 971E SOUTHERLY SI. DE OF PLAIN BAYVIEW ROAD; THENCE SOUTH 60~' 02' 40" EAST ALONG THE SOUTHERLY SIDE OF MAIN BA'YVIEW ROAD 99.97 FEET TO THE POINT OR PLACE OF BEGINNING. PARCEL I]~ . · ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LANDf SI'TUATE, LYING, AND BEING AT BAYVIEW, IN THE TOWN OF SOUTHOLD, COUNTY OF SUFr?OLK AND STATE OF NEW YORK BE~IG BOUNDED AND DESCR/BED AS FOLLOWS: ROAD DL~i'ANT 149.97 FEET BEGINNING AT A POINT ON THE SOUTHERLY SIDE OF MAIN BAYVIE'W~RMERLY EDSON; WESTERLY FROM THE NORTHWESTERLY CORNER OF LAND NOW OR RUNNING THENCE SOUTH 25~ 11' :30" WEST 301,04 FEET; THENO-' NORTH 60° 02' 40" WEST 125.00 ET; THENCE NORTH 20" 29' 40" EAST 304.14 I-r.t:i' TO'THE SOU'I~ERLY SIDE OF MAIN BAYVIEW ROAD; THENCE SOUTH 60° 02' 40" EAST ALONG THE SOUTHERLY SIDE OF MAIN BAYVIEW ROAD 150.00 FEET · TO THE POII~T OR PLACE OF BEGINNING. pARCEL 1V: ALL THAT CERTATN PLOT, PIECE, OR PAP.-Clq: OF LAND~ SITUATE, LYING, AND BEING AT BAYVIEW, IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NEW YORK BEING BOUNDED AND D~ED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY SIDE OF lVLa. iN BAYVIEW ROAD DL~"T'ANT 299.97 FEET WESTERLY FROM THE NORTHWESTERLY CORNER O.F LAND NOW OR FORMERLY OF EDSON; RUNNING THENCE 5OUTH 20° 29~ 40" wEST 304.14 FEET; .~CHEDULE "A" CONTTNUED THENCE NORTH 60° 02' '40" wEST 125o00 FEET; THENCE NORTH 15° 55' 10' EAST 30g.23 FEET TO THE SOUTHERLY S'][OE OF MA/N BAYV[EW ROAD; THENCE SOUTH 60° 02' 40' EAST ALONG THE SOUTHERLY sIDE OF MAIN BAYV~EW ROAD 150,00 FEET TO THE PO'[NT OR PLACE OF BEG'INN]lNG. PARCEL V: ALL THAT CERTAIN PLOT', p~ECEf OR PARCEL OF LAND, S/'I'LIA"I'~ LY[NG~ AND BI~NG AT BAYV[EW~ THE TOWN OF SOUTHOLD, cOUNTY OF SUFFOLK AND STATE OF NEW YORK BEI'NG BOUNDED AND DESCR-1BED AS FOLLOWS: BEGANN~[NG AT A POINT ON THE SOUTHERLY S'[DE OF ~ BAYViEW ROAD D/STANT 449.97 FEET WESTERLY FRON THE NORTHWE. ST~RLY CORNER OF LAND NOW OR FORMERLY EDSON; RUNi'~NG THENCE SOUTH 15° 55' 10" WEST 309.23 FEET; THENCE NORTH 60° 02' 40" WEST I68.65 FEET; THENCE NORTH 49° 00' 00" EAST 88.36 FEET; THENCE NORTH 10° 00' 00" EAST 230.29 FEET TO 'I'~HE SOUTHERLY SI'DE OF MAIN BAYV'JEW ROAD; THENCE SOUTH 60° 02* 40" EAST ALONG THE SOUTHERLY SIDE OF MAIN BAYV'[EW ROAD 143.42 FEET TO THE pO~.NT OR PLACE OF BEG~NN]NG. · FOR INFORI'4ATJON ONLY: D]STR2CT 1000 SECT[ON 087.00 BLOCK 05.00 LOT 021.010 BE][NG AND INTENDED TO BE THE SAME PREM/SES CONVEYED TO THE GRANTOR HERE]N BY DEED DATED 12/:!1.8/96~. RECORDED 12/30/96 lIN ITBER 11808 C_.P PARCEL V/: ALL THAT CERTAIN PLOT, P][ECEt OR PARCEL OF I..AND~ STrUATE~ LY]NG, AND BE[NG AT BAYV[EWt IN THE TOWN OF SOUTHOLD, O3UN'TY OF SUFFOLK AND STATE OF NEW YORK BEING BOUNDED AND DESCR.[I~ED AS FOLLOWS: B~N~NG AT A POINT ON THE SOUTHERLY S~[DE OF t4A[N BAYV~-W ROAD DISTANT 59:3.39 FEET WESTERLY FROM THE NORTHWESTERLY CORNER OF LAND NOW OR FORMERLY OF EDSON; . RUNNING THENCE SOUTH 10e iX}' 00" ~ 230.29 FEET; THENCE souq'H 49° 00' 00" WEST 88.36 FEET; THENCE SOUTH 60* 02' 40" EAST 493,62 FEET; SCHEDULE "A" CONTTNUED THENCE SOUTH ~8° 00, 00" WEST 7[8.50 FEET TO THE HIGH WATER HARK OF COAEY CREEK OBSERVED ON 2/7/03; THENCE IN A GENERAL NORTHWE-~I-Y DLRECT[ON ALONG THE H[C_~H WATER NARK OR COREY CREEK OBSERVED ON 2/7/03 THE FOLLOWING 10 COURSES AND DISTANCES; 1. NORTH 16' 51' 23" WEST 126.75 FEET; 2. NORTH 14-* 39' 02" EAST 59.96 FEET; 3. SOLFFH 75* 20' 58" FAST 17,91 FEET; 4. NORTH 05' 58' 37" EAST 79.33 FEET; 5. NORTH 21° 34" 04" WEST :t~.4.66 'FEET; 6. NORTH 41° 16' 11" WEST 312,70 FEET; 7. NORTH 47D 13' 23" WEST 65.18 FEET; 8. NORTH 25° 23' 18" WEST 31.69 FEET; 9. NORTH 12° 00' 27" EAST 66.64 FEET; [0. NOg'TH 18° 56' 30" EAST 1';.70 FEET TO LAND NOW OR FORMEPJ-Y OF p/SCIO'~TA; THENCE IN A GENERAL WESTERLY DIRECTION ALONG [AND NOW OR FORMERLY OF p[SCLO'~'A THE FOLLOWING 7 COURSES AND DISTANCES: 1. SOUTH 64° 47' 00" FAST 21.00 FEET; 2. ~OUTH 64D 00' 00" EAET 70.00 FEET; 3. NORTH 86° 00' 00" EA;'F 80.00 FEET; fl. NORTH 58° 30' 00" EAST 70.00 FEET; 5. NORTH 77° 4~' 0(7' EAST 107.52 6. ~OUTH 83'~ 42' 00" EAST 62.59 FEET; 7. NORTH '~9~ 0(7 0(7' EAST 1.1~t.86 FEET TO LAND NOW OR FORMERLY OF N[DDIETON AND ]ONES; THENCE NORTH 10° 00' 00" EAST ALONG LAND NOW'OR FORMERLY OF PI[DDLETON AND 3ONES 230.00 FE~'T TO THE SOUTHERLY SIDE OF ~ BA'YVIEW I~OAD; I;~:HEDULE "A" CONTINUED THENCE ~ I~:KLY ALONG THE SOUTHERLY SiDE OF ~ BAYV[EW ROAD THE FOLLOW'lNG 2 COURSES AND DISTANCES: 1. SOUTH 6't'~ 07' 00" EA**,c'T 9.67 FEET; 2. SOUTH 60° 02' 40" EAST 43.33 FEET TO THE POINT AND PLAC~ OF BEGINNING, (031)427-~ (631) a_27.5620 NE£$ON & POPE 572 Walt WMmt~. Road Melville, NY 11747 TO: Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 Attn: Lauren Date: 7-Oct-09 Re: Southview Preserve Ref: N&P Job # 02001 H.D. Ref: We are sending you Pick Up For Your X X Under separatee cover Herewith By Messenger (fed-ex) Review & Comment Approval As requested For your use Bid Submission I nra.ink.tin I sboct.o. IRev..o. Check in the amount of $50.00. Remarks: As per you Town's Instruction encloausd please find 850.00 Inspection fee. Please send Trustee*s Wetlands permit back to address shown above. Thank you. Sincerely, cc: NELSON & POPE By:. David Zere 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 SOUTHVIEW CUSTOM BUILDERS SCTM#1000 -87-5-21.4,21.7,21.9,21.10,21.11,21.12,21.13 Nelson, Pope & Voorhis, LLC on behalf of SOUTHVI£W CUSTOM BUILDERS requests a Wetland Permit for the subdivision of a 14.54 acre property into three lots, construction of three single-family dwellings with associated sanitary systems and access gravel driveway. Located: South Side of Main Bayview Rd., Southold. SCTM#87-5- 21.4,21.7,21.9,21.10,21.11,21.12,21.13 Note that portions of Lots 1, 2 and 3 are located within the Boards jurisdictional limits; including areas of the "limit of clearing during construction" area. It is recommended that the applicant seek a determination from the Board on permitted activities within these areas. Further, the limit of clearing as depicted on the NYSDEC Permit Plan Map (dated January 20, 06) and Grading and Drainage Map (dated December 13, 2006) is not permissible pursuant to § 240-49. Clearing of the Southold Town Code. 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. Po/icy 6. Protect and restore the quality and function of the Town of Southold ecosystem 6.3 Protect and restore tidal and freshwater wetlands. E. 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 natural buffer in the "50' Buffer area to Remain Natural". A sample definition follows: NATURAL VEGETATED BUFFER -- a land area of a certain length and width where existing vegetation occurs prior to the commencement of any grading or clearing activity. Vegetation shall be maintained to achieve a minimum percent ground cover of ninety-five (95) percent. To achieve the percent ground cover indigenous, drought tolerant vegetation shall be planted. Survival of planted vegetation shall be (ninety) 90 percent for a period of three (3) years. Maintenance activities within the buffer are limited to removing vegetation which are hazardous to life and property and replanting of vegetation. Further, to further Policy 5, "Protect and improve water quality and supply in the Town of Southold" and protect and improve the water quality and supply in the area; the following best management practices are recommended: 1. Require that the proposed easement for common access to Corey Creek be limited to 4' in width and remain pervious into perpetuity. 2. Require that all driveways remain pervious into perpetuity. 3. Soil test holes indicate very poorly drained soil conditions. It is recommended that gutters, leaders and drywells be required. 4. Prohibit the use of synthetic herbicides and fertilizers capable of entering surface waters or groundwater. 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 Office U~e Only L~0eaStal Erosion Permit Application tland Permit Application Administrative Permit A mendmenffTransfcr/Extension .~'l~ece~vved Application: ~,l(eceived Fee:$ e,Q-~D-'. · ~,4~5ompleted ApplicatiOn ~{[ Incomplete SEQRA Classification: Type I Type II Unlisted Coordination:(date sent) __ ~'~WRP Consistency Asscssmen$,Form ,/CAC Referral Sent: E~ ~[Yate of Inspection: Receipt of CAC Report: ~Lead Agency Determination: Technical Review: ~--_-.P~lic Hearing Held:~ Resolution: (provide LILCO Pole #, distance to cross streets, and location) (If applicable) Address: ~'Ta Ro,,,d-, ild,,;l _ , tOxl. 117V7 ~oa~d of Trustees Al~plio&tqo~n GENERAL DATA ~evious use ofprope~: ~ /~nd Intended use ofprope~: pe$;~'~l ~d ~o~ Covenants and Restrictions: I~Yes If"Yes", please provide copy. No Prior permits/approvals for site improvements: Agenc~y peal:rr~. Date ! __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspende~Lby a governmental agency? ~ No Yes If yes, provide explanation: WETLAND/TRUSTEE LANDS APPLICATION DATA Pu~poseoftheproposedoperations: 7~ 6og'/f'J--Ft~,L4~ Area of wetlands on lot: d~7~'; ~o g 7 square feet Percent coverage of lot: t/ff. ~ % Closest distance between nearest existing structure and upland edge of wetlands: ql feet Closest distance between nearest proposed structure and upland edge of wetlands: ~0 feet Does the project involve excavation or filling? No ~ Yes If yes, how much material will be excavated? O cubic yards How much material will be filled? lot lo 0 cubic yards Depth of which material will be removed or deposited: o~' Proposed slope throughout the area of operations:, ~- "~ ~o Manner in which material will be removed or deposited: feet Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): COASTAL EROSION APPLICATION DATA Purposes of proposed activity:. Are wetlands present within 100 feet of the proposed activity? No Yes Does the project involve excavation or filling? No Yes If Yes, how much material will be excavated? (cubic yards) How much material will be filled? (cubic yards) Manner in which material will be removed or deposited: Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) I,PROJECT iD NUMBER ' I PART 1 · PROJECT INFORMATION 1. APPLICANT / SPONSOR (OJo -~or3 3,PROJECT LOCATION: 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( TO be completed by Applicant or Project Sponsor) 2. PROJECT NAME /=-s' SEQR 4. PRECISE LOCATION: Street Addesa and Road Intersections. Prominent landmarks etc -o~ 13rovipe mad 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: 8. W1LL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? [~es [] No If no, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as maW as apply.) I];Dc;,-nd., 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY O~'IER GOVERNMENTAL AGENCY (Federal, Stateor Local) [~s [~[ NO If yea, lls~ agency name and permit / approval: \, 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [~s ~No If yes, list agency name and permit / approval: I CERTIFY THAT THE ~O~ff~'lON PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE / Sponsor Nam · Date: If the action lo a Costal Area, and you am a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 if yea, coordinate the review process an~ use the FULL EAF. ~lYes [~]No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 5 NYCRR, PART 617,6? If NO, a negative declaraUon may be supemeded by a~othar Involved agency. r'-IYes r~No C. COULD ACTION RESULT iN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if Ingibla) C1. Existing air quality, surface or groundwater quality or quantity, no!sa ieYallll i[~xJ al[r~ g ~ pattern, solid waste productio~ or disposal, potsndal for erealan, drainage or flooding pnY~errm? Explain briefly: C2. Aesthetic, agricultural, archaeological, hlatmJo, or other natural or cultural resources; or communily or nalghbort~::~d cheraclar? Explain bifefl~ C3. Vngetaflan or fauna, r~a, ~eiffish or wtMlife apesiaa, ~l{~nt habitats, or threatened or endangered species? Explain briefly: I C4. A community's exi~Jng p~an~ or goals as of~ adsp~:l, or a change in use or intensity of use of land or other natural t'e$ources? C5. Growth, subsequent developmerd, or related activities likely lo be Induced by the pmpceed action? Explain briefly: C6. Long term, 8h~xt terns, cumulative, or o~er ~ not Ident~eq in CI-C57 Explain D. WILL THE PROJECT HAVE AN IMPACT ON TIlE EH~RONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHIdERT OF A CRITICAL E. IS THERE, OR I$ THERE LIKELY TO BE~ CONTROVERSY RELATED TO POTENTIAL. ADVERSE ENVIRONMENTAL IMPACTS? ff yes explain: l-Iv- PART III o DEI~ERMINATION OF 81ONIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it ia subotantJal, large, impotent or otherwise significant. Each effect should be essessed in co~ne~on with ~ (a) setting (i.e. urban or rural); (b) p~obebilify of occurring; (c) duration; (d) irreversibillty: (e) geographic scope; and (1) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient det~l to show that all retavant adverse impacts have been identified and adequately addressed, if question d of part ii was checked yes, the determinaiton of significance must evaluate the potential im pact of tim proposed action on the environmental chain ctadsUcs of the CEA, Check this box if you have Idendfled one or more potentially large or sigoiflcan t ~d verse impacts which MAY occur. T hen proceed direclly to the F EAF and/or prepare a positive decemviri. Check th $ box if you have determined, based on the inthrmagon and analysis above and any suppodlng documentation thai the proposed ~tiol WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the masons supporting thl= determination. Name of Lead Agancy Date Tl~e of Responsible Officer Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Signature of Prepam~ (if different from responsible officer) County of Suffolk State of New York ~) 0/~ U[-) ('~ ~J 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 T.H. JS APPLICATION. ~ ~ ~ Signature SWORN TO BEFORE ME THIS ~ DAY OF . ,20 JEANNE MARIE PUCCIO NOTARY PUBLIC, State of New York Suffolk County No. 5012527 ~ Commission Expires June 15, 20_~ ~ard of Trustees Applio&tx~ AUTHORIZATION (where the applicant is not the owner) I, '~'~t~,t,J ~--~t~/~ residingat [~ I~ ~. (print owner of prope~) (mailing address) [ !~q2herebyauthorize ~~ N ~Son: ~o~ ~ ffOoc~'5~ CCC to apply for pemit(s) from the Southold. J~l/oard of To~gnyTrustees on my behalf. APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM Thc Town of Southold's Code of Efl]ics nrohthlts ~nnflict~ of intere~ on ~e ~ ofto~ office~ ~d ~o]ow~ ~ ou~o~ of this fo~ ~ to omvlda info~tien which m~ss~ m avoid YOUR NAME: Selson, Pope & Veeries, LLC (~ n~e, fi~t n~, middle initial, unl~ you ~ ~plying in ~e n~e of ~meoan el~ or ether emi~, s~h ~ a mm~y. If~, ~dic~ ~ oth~ NAME OF APPLICATION: (Check uil ~ apply.) Tux gricvanc~ Building Variance Trus~ Change of Zonc Co~.~al Erosion Approval of pint Exemption ~m plat or officinl map PI~ O~er ~ (lf"O~r", ~e ~ a~vi~.) W~tlana P~rmit A~lication (submission for applicant) Do you pe~onaI~ (or ~ugh your comply, s~, sthli~ ~ag or child) have a m~fionship wi~ ~ offigr or cmpioy~ of the To~ ar~u~ld? "~lafioaship' iac}a~ by bl~d, m~ or b~iness imeg~ "Bas~ in~ m~ a b~i~ inclu~ag a p~ership, in which l~ m~ o~cer or employ~ h~ e~n a p~i~ o~ip of (or emplo~m~l by) a co~omtion ia ~i~ I~ m~ officer or employ~ psis mpg ~ ~% of~ If you answered "YES", complete thc balance of this form and date and sign whcm indicated. Name of p~rson employed by the Town of Southotd Title or position of thai person Describe the relationship between yourself (the applican~/agen~h~presentative) and ~e town officer or employee, Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or cmploycr~ or his or her spouse, sibling, paranL or child is (check all that apply): A) the owner of greater than 5% of the shams of the corperele stock of the applicant (when tl~ applicant is n corporation); B) thc legal or bencficiai owner of any in.rest in a non--co~pemte entity (when thc applicant is not a corporation); __.C) an officer, director, pmlner, or employee of the applicant; or __.D) the actual applicant. DESCRIPTION OF aFi.ATIONSHIP Nelso% Pope & Voorhis has previously been contracted by the Town as a consultant for other Droiects. It is noted that the Town Plannino Board has conra~ cted NP&V to oreoare Dlannino reviews of specific oroiects. Additionalv the Town Office of Land Preservation has contracted NP&V to prepare Phase I Environment~l~ Site Assessments for potential town acquisition parcels. SubmiV:ed this 0 ~ Signature. PHnt Namc ~ Form TS I ~..~.,~ccc~. ¢ · g~f~A Town of Southoid LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfi-ont Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 97 05 21.4, 21.7 and 21.9 through 21.13 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] 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: Subdivision ora 14.54 acre parcel into three (3) residential lets, rangin9 from 0.86 acres to 1.03 acrss in size. A common access path is proposed to Corey Creek and 11.52 acres (79.2%) are proposed to be preserved as open space. Location of action: S/s/o Main Bayview Rd., across from Victoria Drive; Hogs Neck Site acreage: 14.45 acres (13.35 ac to high water mark) Present land use: vacant (forest and tidal marsh) Present zoning classification: AC- Agriculturel Conservation 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: $outhvisw Custom Builders (b) Mailing address: lS t. awn Avenue West Islip, NY 11795 (c) Telephone number: Area Code ( ) (631) 669-0527 (d) Application number, if any:. N/A 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? Approval from NYSDEC 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 The property situates 3 new residential lots within an existing residential area while minimizing the clearing of land and any potential negative effects to wildlife. No wetlands will be impacted by the proposed development. The location of the proposed dwellings near the tidal wetlands of Corey Creek make beneficial use of a coastal location and preserve 11.52 acres (79.2%) of the property as open space. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section IH - Policies Pages 3 through 6 for evaluation criteria I~/I Yes [] No [] Not Applicable The property is located in an archaeological sensitive area and a Phase I NB Cultural Resources Assessment (CRA) was completed in November 2005. The Phase I AJB CRA was submitted to the Town for their review and comment on November 15, 2005. The investigation summarized the following: "No prehistoric or historic artifacts features were encountered. No prehistoric or historic artifacts or features were encountered. No further work is recommended." [] 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 coastal and wooded character of the site's surroundings will be protected as the majority of the proposed development will be screened from Bayview Road by the preservation of forest and wetland habitat. Woodland preservation along the site's seaward side will also be preserved, screening the development from 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 III - Policies Pages 8 through 16 for evaluation criteria [] Yes [] No [] Not Applicable The property is partially located within a 500-year floodplain and the majority is located within a lO0-year floodplain identified as a coastal barrier 11-16-90 for which flood insurance is not available for new construction on or after November 16, 1990. The proposed site plan locates proposed dwellings within that portion of the property identified as Zone X (within 500-yr floodplain) and therefore will minimize impacts from flooding. 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 proposed three-lot subdivision w not pose a s gnificant impact to existing groundwater or surface water resources. Sanitary an~l drainage systems will be designed to ensure proper functioning of these systems and that there is proper separation between the water table and sanitary leachate. Such constraints will be addressed during design of the individual residential lots. 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. 71 Ye, No [] Applicable The proposed project is located adjacent to Corey Creek, a significant Fish & Wildlife habitat. No construction will occur within Corey Creek or its associated tidal wetlands and sufficient natural buffer areas are proposed to minimize impacts to sensitive wetland ecosystems. 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 ~Nol-'] Not Applicable The proposed project will not generate any significant air quality hazards other than exhaust from a few vehicles associated with three residential dwellings. The project will not create a significant increase in traffic along the main roadway, Main Bayview Road. 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 Ill - Policies; Pages 34 through 38 for evaluation criteria. [] Yes ~ No [] Not Applicable Solid waste generated by the proposed dwellings will be properly disposed of and sent to the Disposal and Recycling Center in Cutchogue. The Town's recycling program will be implemented to promote waste reduction. No hazardous substances other than typical household cleaning and pesticide products will be utilized on the project site. No significant environmental impacts by such products are anticipated. 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. ~] Ye~ No [] Not Applicable An easement from the three proposed residential lots to the shoreline is proposed through the primary and secondary conservation areas proposed on site to allow for private access and recreational use of the Town's coastal waters. No public access currently exists on site; however a 15' wide easement is proposed for access from the three proposed dwellings to the shoreline through the proposed 11.52 acre open space area. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. [~] Yes [~] No N Not Applicable The sit!Ag of residential dwellings near the shoreline with common access through a proposed conse,rvation easement will promote water-enhanced residential living while minimizing consumption and development of waterfront land. The project will not result in significant adverse impacts to community character, the transportation network and surrounding land and water resources. 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. [--] [] Applicable The sustainable use of living marine resources will be promoted through the conservation of sensitive tidal wetlands and their adjacent upland buffer so as to minimize impacts to the marine ecosystem of Corey Creek and Little Peconic Bay. 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 No current agricultural lands are on or in the immediate vicinity of the subject property. 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 The dwellings to be constructed on the proposed subdivided lots will incorporate energy-efficient designs. Created on 5/25/05 11.'20 AM NELSON, POPE & VOORHIS, LLC ENVIRONMENTAL * PLANNING· CONSULTING (631) 427-5665 FAX (631) 427-5620 npv~nelsonpope.com SoutholdBoardofTrustees ~'_'x /~ ([~ [~2 ~ ~4' I~, ~ ~t ust31,2009 c/o Ehzabeth A Neville, Town C Southold Town Hall 53095 Route 25 ~11 c.~::~ - 9 ~:~.'~ P.O. Box 1179 -' Southold, NY 11971 ' : ~Board of Trustees Wetlands App ication Southview Estates, Southold SCTM #1000-87-5- 21.4, 21.7, 21.9-21.13 Dear Board of Trustees, Nelson, Pope & Voorhis has been retained by Southview Custom Builders, applicant, to obtain the necessary agency permits associated with the subdivision and development of the above referenced property. A Wetlands Application was previously submitted to the Town Trustees on April 26, 2006 and the application has been pending with the Town Trustees since that time. After several conversations with various Town Planning staff and Town Trustees over the past nearly 3 ½ years, it was concluded that the Trustees and Planning did not agree on which approval needed to be issued first - subdivision approval from Planning or a wetlands permit from the Trustees. Therefore, the Trustees review was held pending coordination with Planning. At this time, project review is back on track and preliminary subdivision approval was granted in November 2006. However, Planning has stated that no final subdivision approval can be granted until issuance ora Trustees wetlands permit. It is our understanding that the Town never cashed the initial application fee check from 2006 while awaiting movement in the Planning Department, and have therefore requested that the 2006 application be re-submitted on updated forms and with a new application fee. The Trustees wetland permit application package is therefore again being submitted for your review with the following minor changes: · Application information has been transferred onto the most recent Trustees Application Forms. · Forms include updated signatures from the applicant and agent (Nelson, Pope & Voorhis). · Minor revisions as per Town comments and most recently, inclusion of a 36" corrugated plastic pipe beneath the proposed driveway location, as per Trustees' comments during July 2009 and August 2009 site visits. The property is currently owned by Southview Custom Homes Two, Inc. The site is 14.54 acres in size (13.35 acres to high water mark) and is located on the south side of Main Bayview Road, across from Victoria Drive in the Town of Southold. The site contains undesignated forested freshwater wetlands near the frontage on Main Bayview Road and the southern portion of the parcel contains tidal marsh wetlands (primarily dominated by Phragmites australis) associated with Corey Creek, a Significant Fish & Wildlife Habitat. The upland portion of the site is primarily wooded, currently vacant and devoid of structures with the exception of an abandoned camper/trailer and metal greenhouse frame in the western corner of the property, which are to be removed. A dirt dike currently exists along the western boundary of the property (date of construction unknown) with access via a dirt driveway at the eastern corner of the site offofMain Bayview Road. Southvlew Estates NP&V ~02001 The proposed project involves subdivision of the parcel into three (3) lots to allow for the development of single family dwellings with individual sanitary systems. A common gravel roadway (Southview Court) and gravel driveways will serve the individual lots (ranging from 0.86 to 1.03 acres in size) with access from Main Bayview Road. Previous communication with the Town Planning Board resulted in the proposed access roadway being located northwest of the existing dirt driveway, with the existing driveway to be abandoned. A total of 11.52 acres of natural area (79.2% of the total site) are proposed for preservation and will be owned and maintained by the future Homeowners Association. Any additional improvements (e.g. decks, pools, etc.) to the residential dwellings will require the individual homeowners to apply for their own wetlands permits. A total of 2.86 acres will be allocated into individual lots. A total of 2,500 CY of clean topsoil and 7,600 CY of clean sand and gravel are proposed to be imported to the site from an approved upland location for grading and installation of leaching pools associated with construction of the driveway and residential structures. Construction of the access driveway will require grading activities within 52' of freshwater wetlands and a gravel roadway base within 90' of the freshwater wetlands on the property. A 36" corrugated plastic pipe will be located beneath the proposed driveway. All residential and sanitary structures will be located more than 100' from all wetland boundaries. Stormwater runoff generated by the proposed dwellings and gravel driveways/walkways will be retained on the upland portions of the site within a series of eight (8) leaching pools (designed for a 2" rainfall) with a minimum separation distance of 3' to groundwater. Additionally, a 5' wide gravel pathway within a 15' wide common homeowner access easement is proposed adjacent to the limit of clearing and ground disturbance at the southern end of the proposed lots to allow access to the waterway. Clearing of natural vegetation will be limited to a minimum of 75' from the tidal wetlands boundmy. A total of 430 SF of impervious surfaces currently exists within the wetlands adjacent area (0.08%). The proposed project would result in a total of approximately 8,800 SF of impervious surfaces (1.55% of adjacent area) and a total of approximately 13,863 SF of pervious gravel driveways, roadways, and walkways (2.44% of adjacent area). No disturbances are proposed within the freshwater or tidal wetlands on site and natural buffers are being preserved to the maximum extent practicable to minimize impacts to wetlands-associated wildlife. A NYSDEC Article 25 wetlands permit (#1-4738-03590/00001), effective February 19, 2008, has been received for the proposed project and three (3) copies were previously submitted to the Trustees on March 20, 2009. As per a conversation with Ms. Elizabeth Cantrell on August 28, 2009, no additional copies of the DEC permit or original 2006 Trustees application are required at this time. As stated on page 1 of the NYSDEC permit, "The parcel is more than 100 feet from any state regulated Freshwater wetlands and therefore no permit is required from the Freshwater wetlands Act (Article 24)." Since issuance of the NYSDEC permit in 2008, the addition of a culvert beneath the driveway in proximity to the freshwater wetlands on site is not of concern to NYSDEC and therefore, no permit modification from NYSDEC is expected to be necessary. The proposed activities shall be scheduled to commence upon receipt of all remaining necessary approvals from Suffolk County Department of Health Services and Town of Southold. Estimated start date of the project is Fall 2009 with an estimated completion date of Fall 2010. I have enclosed one (1) copy of the 2006 Trustees Wetlands Application submission, in addition to three (3) copies of the following information for your review: · Updated Board of Trustees Wetlands Application · Updated Transactional Disclosure Form · Short Environmental Assessment Form · LWRP Consistency Assessment Form · Wetlands Application Fee, check in the amount of $250.00 · Copy of filed covenants and restrictions (as per DEC permit 1-4738-03590/00001) · Site plan, last revised August 17, 2009, which is also the most recent survey & topo map 2 Southvlew Estates NP&V #02001 Please feel free to call should you have any questions or require any additional information. Sincerely, NI~L~~LC cci Don Ryan, Southview Custom Builders and Southview Custom Homes Two, Inc. Dave Zere, N&P ×6.9 21.010' / / EXISTING MAdOR CONTOURS EXISTING MINOR CONTOURS COURSES/£DISTANCES PER "SURVEY FOR JAMES BITSES" BY PECONIC SURVEYORS DATED: JULY 1986 PROPOSED STREET TRee PROPOSEO STREET UGHT OPeN SPACE / CONSERVA~ON AREA LIMIT OF ASPHALT PAVEMENT PER TOWN OF SOU]HOLD SPECIFICAtiONS. (48) PROPOSED CONTOURS (4o.5) PROPOSED ELEVATIONS (S)- PROPOSED SiLT FENCE (ws) PROPOSED WATER SERVICE ~ PROPOSED FLOW DIRECTION T SIGN x x -- FENCE ~ CATCH BASIN [::> WEll_AND FLAG · MONUMENT · PiPE .d UTILITY POLE ............ OVERHEAD W1RES ® UMIT OF CLEARING ON INDIV~DUAL LOTS DURING CONSTRUCTION OF SINGLE FAMILY [71.111 RESIDENCES ONLY. SUBSEQUENT TO CERTIFICATE OF OCCUPANCY, LOTS MaY BE FUR]HER CLEARED FOR APPURTENANT STRUCTURES, AMENli]ES, AND/OR RECREATIONAL USE OF YARD. (PT) SIL~f CLAY (GL) FiNE SAND/ TRACE GRAVEL (SP) SILTY CLAY (GL) FINE/ MEDIUM SAND (sw) MINOR SUBDI~SION LOT NUMBER TAX MAP LOT NUMBER -2.0' --7.6' -15.0' --15.5' NO. 3 EL B.O' TOPSOIL (PT) SILTY CLAY (CE) SILT (ML) GROUND WATER EL, 1.0 FINE SAND/ TRACE GRAVEL (SP) No. 1 EL B.O' TOPSOIL (PT) SILTY CLAY/ TRACE GRAVEL (GL) GROUND WATER EL. %0 FINE SAND/ TRACE GRAVEL (SP) (EL. 4,4 X 6,6 X4,B [ ~% %% SITE DATA ZONE: AC RESIDENCe AREA OF MAP: 14,54 ACRES (AREA OF MAP TO OBSERVED HIGH WATER MARK: 13.35 ACRES) AREA IN LOTS: 2.86 ACRES AREA IN R.O.W.: 0.16 ACRES AREA IN TIDAL AND FRESHWATER WETLANDS: 6.62 ACRES BUILDABLE AREA: 7.92 ACRES (EXCLUDES ]]DAL AND FRESHWATER WE~.ANDS) 40~ OF BUlLDABLE AREA -- 139,(098 SD.Fr ,~ 3,17 AREA IN LOTS:124,548 ~SQ. FT. ~ 2.86 ACRES qOTE: / ' OPEN SPACE / CONSERVA"RON AREA TO / ,, ;, · BE OWNED AND MAINTAINED BY PRIVATE HOMEOWNERS ASSOCIATION AND ' '' . COVENANTED TO REMAIN IN ITS CURRENT/ NATURAL STATE. ZONE AE /~' ', ~ ~ZONE AE - '-- 1221 ~ (EL. 8.0) AREA IN R.O.W.: 6,796 !SD.FT. ~ 0.16 ACRES OPEN SPACE / CONSERVAIION AIREA: 11.52 ACRES / 79,2~ OF SUBJECT WATER DISTRICT: SUFFOLK COUNtrY WATER AU]HORITY FIRE DISTRICT: SOU]HOLD POST OFFICE: SOU]HOLD SCHOOL DISTRICT: SOU~HOLD UF~D NUMBER OF LOTS: 3 P. OOD ZONE: ZONE AE AND ZONIE X S.C.T.M.: DISTRICT 1000 SECTION 087 - BLOCK 05 - LOllS 21.7. 2%9, 21.10 21.11, 21.12, 21.15 lliE COMMON GRAVEL DRIVEWA~Y AND ALL DRAINAGe STRUCIURES SHALL BE OWNED & MAINTAINE'D BY A HOMEOWNERS Ac:-c:oc!ATION I X QUERCUS RUBF~ X3,8 __ . BAYVIEW ROAD DRAINAGE CALCULATIONS: RECUlRED: 12,200 x 2/12 x 0.7 = 1,4.23 CF (GRAVEL) 34.,000 x 2~12 x 0.2 = 1.1;~3 CF (LAND) (2) 12'~ x 3'ED ER = 605 CF LITTLE PECDNIC X 4,7 X4,6 SOU~HVIEW ~ 18 LAWN AVENUE WEST ISUP, NY 11795 NOTE: ALL FILL SHALL 8~E CLEANED NA~JRALLY ACCORDING TO SOIL TAKEN FRObl AN APPROVED UPLANID BORROW SITE. 2,500 C.Y. OF TOIPSOIL REQUIRED. 7,600 C,Y. OF CLEAN FILL REQUIRED. SOUTHVIEW CUSTOM BUILDERS 18 LAWN AVENUE WEST ISUP, NY 11795 08-17-09 04-16-07 02-07-07 DATE LISER ~Y LANE S~TE BAY ~PI ~ED L'~ BOARD OF TRUSi TOWN OF ;.,OUT KEY NAP PROFILE ALONG CURB AROUND CUL-DE-SAC HiGH POINT ELEV = 11.03 HIGH POINT STA = 24-82.15 PVI STA = 2+82.14 50' VC LOW POINT ELEV = 9.20 LOW POINT STA == 0+69.95 P~4 STA = 0+70 PVI ELEV = 8.90 ACT = 9,~ K = 19,55 §0' VC GRADE -PROPOSED PROPOSED CURD GRADE 80' 15" CPP 3+00 2+00 1+00 PROFILE SOUTHVIEW COURT SCALE: HORIZ 1"=50' VERT. 1"=5' ADD 36" CULVERT REVISE ACCESS EASEMENT REVISE PER COMMENTS REViSiON GRADING AND DRAINAGE SOUTHVlEW PRESERVE S.C.TM. DIS3TIICT 1000, SECTION 87, BLOCK 05, LOTS 2t7, 219, 21.10, 2!.11, 21.12, ,~H.13 GigTJATED AT 80UTHOLD NEL80N & POPE= ,5-/2 WALT WHITMAN ~OAD, MELVILLE, N.Y. 11747-211i8 (6~1) 427-5665 I=/O( (631) 427-5620 -I[ O0 O+O0 GEO GEO EG BY: DWN. BY: pke DATE. 12-13-06 CHK'D BY: GEO DATE: 12-15-06 No.: 02001 FILE No.: CADD: 02001D5 SCALE: 1" = 60' SHEET, 1 OF 2 SIZE & PITCHI A J BRICK LEVEUNQ COURSE ALLOW 4" MIN. FOR RNAL ADJUS]MENT PAVEMENT BRAINABE PIPE TYPE, SiZE &: piTCH PLAN DUTY CURB TYPE FRAME & OVAL HOLE GRATE, CAMPBELL FOUNDRY CO. PATTERN #2511 OR EQUAL ON 3 MAX x6" 4/4 ~ CONTINUOUS ]HROUBH WALLS INVERT AS per 5" GROUND WA~ER SECTION 'A-A' ~ 6= REINFORCED - CONCRETE SLAB 24" MIN. CATCH BASIN DETAIL TYPE 1 (T-l) NOT TO SCALE NO~S: 1. ALL CONCRE~ TO BE 4,000 P.S.I. 0 28 DAYS. 2. PROVIDE PIPE OPENINGS AS REQUIRED. 3. ADDiTIONAL INLETS TO BE SPACED 5' APART. RETAINING WALL DATA H.(FO /~(~: c e t d 16 - 20 2? 7'-0' 2-9' - - 7 I~ ~/16* ELEVATION B B SECTION A- A 6' COMpACI~ BLUESTONE G,'?'~. · ~ 10 1,/2' SECTION B - B BELGIAN BLOCK CURB DETAIL (_TYPE A_') NO,ES: 1. CONCIRETE TO BE 1 1/2:3 MiX 3 SLUMP AGGREGA~ PASSING 3/4" SEI'PVE 2. TYPIC. AL BELGIAN CLOCK TO BE 5" x 8' x 11" WITH COMPRESSIVE S~]~ENGTH OF 4,,000 PSI MINIMUM. 3. DROP CURC LAYOUT - SEE STANDARD SPEC. 4-. MORTAR MIX TO BE 1:2 ALL JOINTS 3'-6' CHAIN UNK FENCE OR 3'-6' HIGH 3 RAIL RNUNG REFER TO ARCH DRA~NGS REFER TO PLAN 1/2' BAI iu~ 6' MIN.[ TOP OF WALL T 314' ~ t FINISH FACE AS D[REC'IED BY PROPOSED CURB ~ ~DRivEWAY ~ 018' /~- 0 18' 2"¢ V~EP HOLE 0 10' BOTTOM OF WALL (BO) PAVEMENT OR EAR'IH Hw 10" REINFORCED CONCRETE SLAB (~) BOTfOM OF FOOTING PROPOSED ROADWAY DETAIL NTS EL. 3.0 APPROXIMATE GROUNDWATER ~7 EL. 1.0 GRADE CAST IRON FRAME & COVER GRATE - CAMPBELL FOUNDRY TYPE #1009A COVER - CAMPBELL FOUNDRY TYPE #11826 OR APPROVED EQUAL. r DIAMETER L~ PROVIDE CHIMNEY AS REQUIRED 5-0 CLEAN SAND / ~i:~ AND GRAVEL COLLAR --~ ALL AROUND ~-15" CORRUGATED POLYETHYLENE PIPE @ 1.0% MINIMUM CONCRETE RETAINING WALL DETAIL NOT TO SCALE NOTE: ]HE COMMON GRA~E.L DRIVEWAY AND ALL DRNNAGE S~UC~JRES SHALL BE OWNED ~ MAINTAINED BY A HOMEOWNERS ASSOCIATION LEACHING POOL DETAIL NOT TO SCALE INV )L-~- PROPOSED ASPHALT VEMENT '--__SECTION AS PER OF STA W ~x ~_EL 11.0 PIPE DEADEND FND SIGN R CURB CUT SAWCUT EXIST, FULL DEPTH) TING - I N YT#__80 EXISTING ;ATED - - - - - PIPE ~ PND EL. EL. 3 ON 1 SIDESLOPES 5.5 4.0 ~"""-~,~ CURB CUT DETAIL SCALE: 1" = 50' 2z¢' MIN COVER OVER PIPE PROPOSED COMPACTED GRANULAR FILL EXISTING GRADE CULVERT DETAIL NTS ROAD ELEVATION i I 08-17-09 04-16-07 02-07-07 No. DATE iNV EL. ,36" CORRUGATED PLASTIC PIPE HALF BURIED AND FILLED WITH SAND AND GRAVEL. CUT PiPE ENDS TO MEET PROPOSED SLOPE. REVISION 8" WATER MAIN 0#81 MON 3 ON 1 SIDESLOPES 4.5 ADD 36" CULVERT GEO ~EVISE ACCESS EASEMENT - NO CHANGE THIS SHEET GEO REVISE PER COMMENTS GEO BY: srrE DETNLS 8OUTHVIEW PRESERVE 8.C.T~L DISTRICT 1000, 8ECTION 87, BLOCK 05, LOTS 21.7, 2t9, 2L10, 21.11, 21.12, 21.13 81TOA~D AT 80UTHOLD TOWN OF= 8.C)I..V'i' HHOLD, 8UI=F----OLK COUNTY, NIEV~ YORK NELSON & POPIEE EL 6.0 EXISTING GRADE DWN. BY: pke DATE- 12-15-06 CHK'D BY: GEO DATE: 12-15 06 JOB No.: 02001 FILE No.: CADD: 02001DR SCALE: 1' = 60' SHEET: 2 OF 2