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Home My WebLink AboutTR-7277 James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino 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 February 20, 2013 Mr. Robert E. Herrmann Eh-Consultants 1319 North Sea Road Southampton, NY 11968 RE: HENRY M/~77ONI STONEY BEACH ROAD, EAST MARION SCTM# 22-3-18.15 Dear Mr. Herrmann: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, February 20, 2013: RESOLVED that the Southold Town Board of Trustees grants the Last One-Year Extension to Wetland Permit #7277, as issued on April 21, 2010. This is not an approval from any other agency. If you have any questions, please do not hesitate to contact this office. Sincerely, James F. King President, Board of Trustees JFK:amn EN CONSULTANTS January 29, 2013 PERMIT EXTENSION REOUEST Town of Southold BoardofTrustees E (~ _-.,. I~7 Post Office Box 1179 Southold, New York 11971 JAN 2 9 2013 Re: Henry Mazzoni Stoney Beach Road, East Marion SCTM #1000-22-3-18.15 Permit #7277 South,):d io~vn Dear Board of Trustees: The above referenced pennit is due to expire April 21, 2013. As the approved work has not been completed, would you kindly extend your permit for a period of one year. The permit fee of $50.00 and a copy of the permit are attached. Thank you in advance for your attention to this matter. Coastal Management Specialist /khs Enc. I hlC¢Nor hSe~Ro~dl%outhar'q*toq Ncv~ ~ork11968 p(51;:85f)~60 f631.2836136 : , : · James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino 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 Mamh 21,2012 Mr. Robert Herrmann Eh-Consultants 1319 North Sea Rd. Southampton, NY 11968 RE: HENRY MAZZONI STONEY BEACH RD., EAST MARION SCTM#22-3-18.15 Dear Mr. Herrmann: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed., March 21, 2012: RESOLVED, that the Southold Town Board of Trustees grants a One-Year Extension to Wetland Permit #7277, as issued on April 21,2010. This is not an approval from any other agency. Sincerely, Jame King, Preside, p~ Board of Trustees JFK:lms Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. 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 April 21,2010 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Robert E. Herrmann En-Consultants, Inc. 1319 North Sea Road Southampton, NY 11968 RE: HENRY M.A77ONI STONEY BEACH ROAD, EAST MARION SCTM# 22-3-18.15 Dear Mr. Herrmann: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, April 21,2010 regarding the above matter: WHEREAS, En-Consultants, Inc. on behalf of HENRY M,~77ONI 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 March 17, 2010, 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 April 21,2010, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of HENRY M,~7?ONI to clear (as necessary) up to 50' landward of the top of bluff and landward of the coastal erosion hazard boundary line with associated filling and grading occurring no closer than 75' from the defined top of bluff, for the purpose of improving the vacant subject parcel with a two-story dwelling and appurtenances located no closer than 100' from the top of bluff, with the conditions of a 50' Non-Disturbance Buffer from top of bluff landward, there is to be no filling or re-grading within 75' landward of top of bluff, a line of staked hay bales with silt fencing is to be installed prior to construction, and as depicted on the survey prepared by Young & Young, last dated February 28, 2008, and stamped approved on April 21,2010. 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:S100.00 Very truly yours, Ji~. Dohertl~ President, Board of Trustees JMD/eac BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7277 DATE: APRIL 21~ 2010 ISSUED TO: HENRY MAZZONI PROPERTY ADDRESS: STONEY BEACH ROAD~ EAST MARION SCTM# 22-3-18.15 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 April 21, 2010, and in consideration of application fee in the sum of $250.00 paid by Henr,/Mazzoni and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to clear (as necessary) up to 50' landward of the top of bluff and landward of the coastal erosion hazard boundary line with associated filling and grading occurring no closer than 75' from the defined top of bluff, for the purpose of improving the vacant subject parcel with a two-story dwelling and appurtenances located no closer than 100' from the top of bluff, with the conditions of a 50' Non- Disturbance Buffer from top of bluff landward, there is to be no filling or re-grading within 75' landward of top of bluff, a line of staked hay bales with silt fencing is to be installed prior to construction, and as depicted on the survey prepared by Young & Young, last dated February 28, 2008, and stamped approved on April 21, 2010. 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. SOUTHOLD TRUSTEES x, lo. 7,,~ 77 Issued Da'l:e~ Address . ~t~,4 ; THIS NOTICE MUST BE DISPLAYED DURING CONSTRUCTION TOWN TRUSTEES OFFICE,TOWN OF SOUTHOLD SOUTHOLD, N.Y. 11971 TEL.: 765.1892 EN-CONSULTANTS 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com ENVIRONMENTAL CONSULTING February28,2012 PERMIT EXTENSION REOIIEST Town of Southold Board of Trustees Post Office Box 1179 Southold, NewYork 11971 Attn.: Lauren Standish Henry Mazzoni Stoney Beach Road, East Marion SCTM #1000-22-3-18.15 Permit #73--277 ~ n C Dear Board of Trustees: The above referenced permit is due to expire April 21, 2012. As the approved work has not been completed, would you kindly extend your permit for a period of one year. The permit fee of $50.00 and a copy of the permit are attached. Thank you in advance for your attention to this matter. Coastal Management Specialist /khs Enc. Jan]cs [: Khlg. President Bob Ghosio. ,h. Vic¢-Prcsidcnl Dave Bergen John Bredem¢} cr P O Box 1179 Souti~old, N'f 11971 Telephone (631 765-1892 Fax (631 ) 765-6641 Date/Time: Southold Town Board of Trustees Field Inspection/Worksession Report En-Consultants on behalf of HENRY MAZZONI request the Last One-Year Extension to Wetland Permit #7277, as issued on April 21, 2010. Located: Stoney Beach Road, East Marion. SCTM# 22-3-18.15 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: "~/etland __Coastal Erosion __Administrative__Emergency Pre-Submission __ Amendment Violation Info needed: Modifications: Conditions: /~/]5 7'- Present Were: ,..,,-d. Bredemeyer__ ~---~-~ing ¢'l~Ghosio ~. Bergen, ¢.---Michael Domino D. Dzenkowski Form filled out in the field by Mailed/Faxed to: Date: other James F. K~ng, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino 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 March 21,2012 Mr. Robert Herrmann En-Consultants 1319 North Sea Rd. Southampton, NY 11968 RE: HENRY MAZZONI STONEY BEACH RD., EAST MARION SCTM#22-3-18.15 Dear Mr. Herrmann: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed., March 21,2012: RESOLVED, that the Southold Town Board of Trustees grants a One-Year Extension to Wetland Permit #7277, as issued on April 21,2010. This is not an approval from any other agency. Sincerely, Board of Trustees JFK:lms Page 1 of 1 hmazzoni From: Date: To: Subject: "hmazzonJ" <h mazzonJ@nyc, rr.com> Friday, November 18, 2011 2:20 PM <hmazzoni@nyc. rr.com> Southold trustees letter To: Town of Southold Board of Trustees 54375 Route 25 P.O. Box 1179 Southold, New York 11971 From: Henry Mazzoni 146-04 25 Road Flushing, New York 11354 To Whom it may it concern, During a recent hurricane a tree was uprooted on our property which is located in East Marion located on Stoney Beach road ( Lot # 5 - Tax map # 22 - 3 - 18.15 ). The tree is located approximately 90 feet from the bluff and 10 feet from the building envelope. I would appreciate if you can let me know if a permit is necessary to remove the tree as it is completely uprooted. I am providing a photo for reference. I can be contacted at the above captioned address or by phone at 1-347-672-2051. Thank you for your attention. Sincerely, Henry Mazzoni 11/18/2011 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Number of Pages: 4 Receipt Number : 08-0121079 District: 1000 Recorded: At: 12/23/2008 09:45:01 AM Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $20.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP-584 $0.00 NO Notation $0.00 NO Cert. Copies $5.00 NO RPT $30.00 NO Fees Paid $95.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County LIBER: D00012575 PAGE: 721 Section: Block: Lot: 022.00 03.00 018.015 EXAMINED AND CHARGED AS FOLLOWS Number of pages J-/ This document will be public record. Please remove all Social Security Numbers prior to recordinD. Deed / Mortgage Instrument Deed / Mortgage Tax Stamp 3 I FEES Page / Filing Fee ~' ~ __ -~ Handling ¢~-~. 00 TP-584 Notation Em-52 17 (County) Sub Total ,z.//~ EA-5217 (State) R.P. TS.A. Comm. of Ed. Affidavit Certified Copy NYS Surcl~b, rge Other Dist. 4 i Real Propert Tax Service Agency Verification 15. 00 Sub Total Grand Total 1000 02200 0300 018015 315 6 8 Consideration Amount $ CPF Tax Due $ Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: En-Consultants, Inc. 1319 North Sea Road Southampton, NY 11968 cTo.[Name Title # Mail to: Judith A. Pascale, Suffolk County Clerk 310 Center Drive, Riverhead, NY 11901 www. suffolkcountyny, gov/clerk 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 Improved Vacant Land TD TD TD Title Company Information Suffolk County Recording & Endorsement Page This page forms part of the attached Henry Mazzoni Declaration of Covenants (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. made by: TO In the TOWN of Southold Town of Southold In the VILLAGE R~ard of Trustees orHAMLETof East Marion BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) THIS DECLARATION made Mazzoni, residing at 146-04 referred to as "DECLARANT": DECLARATION OF COVENANTS this ~ day of ~rW~!~ ,~ 2008, by Henry 25th Street, Flushing, NY 11354, hereinafter W I T N E S S E T H : WHEREAS, DECLARANT is the owner of certain Stoney Beach Road, East Marion, To~n of Southold, real property located on County of Suffolk, State of New York, described in the Suffolk County Tax Map as District 1000, Section 22, Block 03, Lot 18.15 and filed in the Office of the Clerk of the County of Suffolk as part of Map No. 11131 on July 13, 2004, which is more ~articularly 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 DECLARANT 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 fifty- foot wide "nondisturbance buffer" be maintained adjacent to and landward of the crest of bluff and that no filling or regrading occur within seventy- five feet of the crest of bluff, NOW, THEREFORE, follows: the DECLARANT does hereby covenant and agree as There shall be maintained adjacent to and landward of the crest of bluff a fifty-foot wide "nondisturbance buffer" as defined by Chapter 275 of the Town Code; 2) No filling or regrading shall occur within seventy-five feet of the crest of bluff; and 3) These requirements may only be modified by the DECLARANT, his heirs, assigns, purchasers, or successors in interest upon resolution of the Trustees. IN WITNESS WHEREOF, the owner has duly executed this instrument this day o£ II , oo8. STATE OF COUNTY OF ~ On the /( day of ~.,-o~-~'~ ~o ~-, in the year 2008, before me the undersigned, a Notary ~ubYfd in and for said State, personally appeared Henry Mazzoni, personally known to me or proved to me on the basis of saEisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he a/x~cuted the same in his capacity, and that by his signature on the instrument, the individual or the persons on behalf of which the individual acted, ex cuped the in. mont. / / / ~ lot~y Public 2 ~IMENA CORRIGAN No~ ~ S~te of N~ ~. 01CO60850~ ~ali~d In S~olk Commissi~ Expires Dec. 16. SCHEDULE A ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York, known and designated as Lot No. 5 as shown on a map entitled "Map of Cove Beach Estates", Town of Southold and filed in the Office of the Clerk of the County of Suffolk on the 13t~ day of July, 2004 as Map No. 1 1131, being more particularly bounded and described as follows: BEGINNING at a point on the northerly side of Stoney Beach Road distant 1,434.66 feet northwesterly from the comer formed by the intersection of the northerly side of Stoney Beach Road and the westerly side of Cove Beach Drive; RUNNING THENCE North 72 degrees 43 minutes 35 seconds West, 179.46 feet along the northerly side of Stoney Beach Road; THENCE North 18 degrees 32 minutes 44 seconds East, 576.21 feet; THENCE South 66 degrees 23 minutes 25 seconds East, 53.87 feet; THENCE South 73 degrees 50 minutes 23 seconds East, 99.44 feet; THENCE South 75 degrees 21 minutes 11 seconds East, 26.46 feet; THENCE South 18 degrees 32 minutes 44 seconds West 573.41 feet to the northerly side of Stoney Beach Road, the point or place of BEGINNING. ..Sep, 12 08 04:01p Henry 7183532605 p. 1 THIS INDENTURE, made the 2 7th day or S~¥tember , in the year 2006 BETWEEN COVE BEACH ESTATES, LLC., c/o Enzo M0rabito residing at 28 East Gate Road, Wainscott, New York, 11975 ' party o£ the first pm-t, and -~l, :~ . : .. ,, . ... ~. ~ HENRY MA~ZON1, residing at 146-04 25th Road, Fluahtng, Ne~ Y6}~ lt~ party of the second part. WITNESSETIt, tlmt the party of the first part, in consideration of Tan Dollars and other valuable consideration paid b~ the party o[ ~e ~econd p~. do~ hereby grant attd ~elea~e unto the p~ty o~ ~e second p~t, the heirs ar successors and assi~i~s o[ the p~ty of the s~ond p~t fore,er, ~L ~tt ~t~n plok pie~ or p~cel of land, wi~ ~e bu~ng, ~d improvemen~ theman m~ed, si~ ate, lying m~d being in ~e SEE SCHEDULE ATTACHED BEING AND INTENDED TO BE part of premises cohve~ed to party of tke f.irst part by deed dated 11/1/00 and recorded in the Office ~f the Clerk of Suffolk County on 11/14/00 in Liber 12084 at Page ~49 TOG ETHER with Mt right, title and interest, if any, of the party of the lirst part of, in and to any sit%ets and roads abutting the above-described premises to the center lines thereof; TOGETHER wiih the appurten~nc&s and ali the estate knd rights ol- the party of the first part in and to said premises; TO HA. NE AND TO HOLD the premises herein gmhted unto the part5, of the second part, the heirs or successors and assig~s of the party of the second park forever. AND the party of the flint part covenants timt the party of the lirai par't has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. ~kND the party of the fikst part, in compliance with Section 13 of the Lien Law, covenan ts tlmt the party o f the first pact will receive the conslderatio n for this conveyan ce and will hold the right to receive such cm~sideration as a trus F~rst for the purpose of paying the cost of the improvement and will apply the same first to the paymen~ of the cost of the improvement before asthg any part of the total oF the same for any other purpose. The word "party" sha]l be construed as if' it read '=parties" whenever the sense of this indenture so requires. iN WITNESS W}IEI~EOF, the party o£ ti~e first par t has duly executed this deed the day and year first above wrkten o~, ,= uo u~-.uzp ~enry B3532605 p,1 party of/he second pM, WITNESSETH, that [he party of the first pm't, in consideration of Ten Dollam and other valuable considaratiou paid b~, the party office second putt, does hereby grant aud ?elease u ~to the party of the second pan., the heirs or successors and assigns of the party of the second part fore3er, ' ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situ ate, lying aa~d being in the SEE SCI:IEDULE ATTACHED BEING AND INTENDED TO BE part of premises conveyed to party of the first part by deed dated 11/1/00 and recorded in Office of the Clerk of Suffolk County on 11/14/00 in Libor 12084 at Page 149 TOGETHER ,,riCh all right, title and interest, if any, of thc party of the ru-st pm~r of, in and to any streets and roads abutting the above-described premises to the center lines thereof; TOGETHEIi with the sppurtenanc/.~ and all the ester8 and rights o £ party of the first part in and to snld premises; TO HAVE AND T0 ItOLD [he premises b~rein granted unto the Part5' o£ the second part, the heirs or successors mad assigns oF the party or tim Second putt forever. AND the party of the first part covenants that the party of the ~irs[: part has not done or suffered anytlfing whereby the said ~rern~ses have been incumbered in any way whatever, except as aforesaid. AND the party o[ the lb'st part, in compliauce with Section 13 of the Lien Law, covenants that the party el' the first par[ wilt receivu the consideration for this conveyance and will hold I_he right to receive such consideration as a trust fudd Io be applied first for the purpose of paying the cost of the improvement nad will apply the same Irtrst to the payment uf thc cost of the improvement l~efore using any part of the total of the stone for any other purpose. The word "party" shall.he construed as if it read "parties" wbeueyer the sense of tiffs indantm'e so requires. IN WITNESS WI:IEREOF, the party of the first part has duly executed this deed the day and year first above written. ~ IN PRE~ENCE OF: COVE BEACH ESTA'L'.'.'.'.'.'.'.'.'ES, LLC o~p I~ ua u~:uq-p ~enry 183532605 p,1 -%CE,~.CFuVO WLEDGM ENT FORM BELOW WITHIN NEW YORK STATE O NL ¥: State ° f New York, Coun£y of ~tk ~]t[Lr-"~ }ss.: On ~e~ day of SePtember in fl:e ye~ ~efore me. the undersigne~ pemoa~ly appeared , person~ly ~own to me or prove8 ~me on ~. basis of satbfactol~ evidence to be the individuM(s) whom name(s) is (~e) $ubscr~ w~ insmment and ac~owledged to me that hesh~tbey execu~ the s~e ia hi.er/their ca~i~(i~), ,and dmt by his~er/~eir si~amre(s) on the ins~ment; the mdivMUM(a), or the p~son behalf oF which the individual(s) acted, executed d~e inatmment. NotaW Publio, State o( Naw ~o~ No. O1TU81 o~g3 Qual{f~ed In Nsssau Coun~ ~ Commission Expkes Feb, 9, 20 ~ ~ ~'o WLSDG~' ~0~I ~0~ ~S~ ~ N~ W ~0~ ~N T~ ONLY: S~ te of New York, Coun~ of } ss,: On Lhe day of in am yea' before me. a~e undemigned, person~ly ap~ · e sabscdbieg wimps to the foregoing ins~ment, wiQ~ whom I am person~ly acquainted, w~, berg by me duly sworn, did de.sc md say chat h~sb~they r~ide(s) in (¢'th~ place of residence i~ in a city, inchtde the street and street number, ¢a.y, flzereofi; Lhat he/sidney {o ~e ~e individual d~cribed in ~d who ~uted the foregoing ins~ment; that sad submdbing wimess was present ad saw sad bL~edd~eir nm~e(s) a~ a witnes~ th~cto. State of New Yorl~ County of. J ss,: On d~e day of in Ce ye~ ~fore me. the undersigned. ~rsonally append ~rsonalty ~own to me or proved to me on ~e b~is of safisfacto~ evidence to ~ the individual0) whose n~(s) is (m~) subscribed m the M~in [ns~ment and ac~owledged Io me ~mt h~sh~they ex.amd the s~* in ~erlthe~ capaciW0~), ~fl ~at by hi~er/~eir signature(s) on fl3¢ ins~nti ~e ~dividaal(s), or ~e person upon behalf of which the individnal(s) aet~; ex.uteri ~e in stmmenL A CKIVO ~ VLEDGMENT J~ OP~{ FOJ~ U SE 0 o TSJDE NEW YORK STA 2E 0 N L F: ;,.;,;, ;;.;;, ......... ss.: On the day of in fl~e year before me. tile Baden'signed, peraonally appeared personally known to me or pr$ved to me on the basis of aatisfactor3', evidence to be the individual(s) whose name(s) is (me) subscribed to the wilhin instrument mid acknowledged t~ me that he./sbeAhey executed the same in hia/ner/their capacity(ica), that by his/her/their signature,s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrm'nent, and that such indi'vidual made such appeasanci before the undersigned in Lhe (Insert the city or other poiiffcal.*ubdivision card the state or colotoy or ]I.{ARGA1N & SALE COVE BEACH ESTATES, LLC TO HENRY MAZZONI FIDELITY NATIONAL TITLE OINSUtL&NCE COMPANY k ~(d/~a,z ~;~ Fidelity A~5)F~.~,~/ SECTION BLOCK LOT COUNTY OR TOWN Fidelity National Title lnsur~ce Company ~ uo u'+.uup ~enry 83532605 ~CHE.~ULE ^ p.1 Amertded 04-28~2006 ALL that certain ploh piece or parcel of land with the buildings and an roveme thereon erected situate, lyin¢ and be;--~- ~* ~--- ~- · - , .. ' p ~m-~n/k ~ c. .... ,-. .... ~ . ,,-u~;ci~tiVlxql2011, t'OWD-OI,5OIJ2Jlnld F'm~-new Clerk of the= ~,~ .~,-,~ , ~uwn or ~our. aota and filed in the Office oft Camry of Suffolk ¢n the 13tk clay of July, 2004 as Map No. 11131, more parficul~ty botmded and described as follows: BEGINNING at a .poflxr on the northerly side .of S[oney Beach Road distant 1,434. feet northwesterly from the comer formed by me intersection of the northerly side Stoney Beach Road and the westerly side of Cove Beach Drive; RUNNING TI4'F_2qC~ North 72 degrees 43 m/m~s 35 seconds West, 179.46 feet Cae ncrdaerly side of Stoney Beach Road; THENCE North 18 de~ees 32 mLnntes 44 secoads East, 576.21 feet; THENCE South d6 degrees 23 mjnntes 25 seconds East, 53.87 feet; THENCE South 73 degrees 50 mi~ntes 23 seconds East, ¢9.44 feet; T~CE South 75 de~ees 21 minutes tl seconds Bast, 26.46 feet; THENCE South 18 de~ees 32 miracles 44. seconds West, 573.41 feet to the northerI'y ~de of Stoney Beach.Roaa, the point or place of BEGkNNING. Tha policy to be issued under this reporl will insure the titla to such buildina and improvements emoted an the premises which by law cansri~e real prai3erry, TO(~ETHER with all ~he rigllt, title and interest of ~he party of the ~rsz part, eL ia ~ dte d~e land lying in the sireet in fronl ~f and adioinln§ said premises. Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (631) 765-1892 Fax (63 I) 765~5641 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 Ist day of construction ½ constructed Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7277 DATE: APRIL 21~.2010 ISSUED TO: HENRY MAZZONI PROPERTY ADDRESS: STONEY BEACH ROAD~ EAST MARION SCTM# 22-3-18.15 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 April 21, 2010, and in consideration of application fee in the sum of $250.00 paid by Henry Mazzoni and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to clear (as necessary) up to 50' landward of the top of bluff and landward of the coastal erosion hazard boundary line with associated f'dling and grading occurring no closer than 75' from the defined top of bluff, for the purpose of improving the vacant subject parcel with a two-story dwelling and appurtenances located no closer than 100' from the top of bluff, with the conditions of a 50' Non- Disturbance Buffer from top of bluff landward, there is to be no f'dling or re-grading within 75' landward of top of bluff, a line of staked hay bales with silt fencing is to be installed prior to construction, and as depicted on the survey prepared by Young & Youilg, last dated February 28, 2008, and stamped approved on April 21, 2010. 1N WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affLxed, and these presents to be subscribed by a majority of the said Board as of this date. TERMS AND CONDITIONS The Permittee Henry Mazzoni, residing at 146-04 25t~ Street, Flushing, New York 11354 as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustecs 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 warragt, 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 Permittec will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. The Permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Department of Real Properties Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety (90) calendar days of issuance of this permit. That the said Board will be notified by the Permittee of the completion of the work authorized. 10. That the Permittec 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. Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. 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 Apdl 21, 2010 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Robert E. Herrmann En-Consultants, Inc. 1319 North Sea Road Southampton, NY 11968 RE: HENRY MA77ONI STONEY BEACH ROAD, EAST MARION SCTM# 22-3-18.15 Dear Mr, Herrmann: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, April 21,2010 regarding the above matter: WHEREAS, En-Consultants, Inc. on behalf of HENRY MAZZONI 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 Mamh 17, 2010, 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 April 21, 2010, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of HENRY MAZZONI to clear (as necessary) up to 50' landward of the top of bluff and landward of the coastal erosion hazard boundary line with associated filling and grading occurring no closer than 75' from the defined top of bluff, for the purpose of improving the vacant subject parcel with a two-story dwelling and appurtenances located no closer than 100' from the top of bluff, with the conditions of a 50' Non-Disturbance Buffer from top of bluff landward, there is to be no filling or re-grading within 75' landward of top of bluff, a line of staked hay bales with silt fencing is to be installed prior to construction, and as depicted on the survey prepared by Young & Young, last dated February 28, 2008, and stamped approved on Apdl 21, 2010. 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, President, Board of Trustees JMD/eac 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., April 14, 2010, the following recommendation was made: Moved by Greta Schiller, seconded by Anne Trimble, it was RESOLVED to SUPPORT the Wetland Permit application of HENRY MAZZONI to clear (as necessary) up to 50' landward of the top of bluff and landward of the coastal erosion hazard boundary line with associated filling and grading occurring no closer than 75' from the defined top of bluff, for the purpose of improving the vacant subject parcel with a two- story dwelling and appurtenances located no closer than 100' from the top of bluff. Located: Stoney Beach Rd., East Marion. SCTM#22-3-18.15 Inspected by: Greta Schiller, Doug Hardy The CAC Supports the application with the following Conditions: · The present erosion problem on the property is corrected; · Grading is done to prevent erosion · The driveway is pervious · Drainage plan complies with Ch. 236 · Requirement of a landscaping plan using native plants; · The house is moved at least 15'-20' landward. The CAC requests the Board of Trustees ascertain whether the public right-of-way is being prohibited. Vote of Council: Ayes: All Motion Carried HENRY MAZZONL STONEY BEACH ROAD~ EAST MARION Figure 1. Looking north from proposed building site toward Long Island Sound. Figure 2. Looking north and downslope from area to remain undisturbed over beach fronting Long Island Sound. HENRY MAZZONI~ STONEY BEACH ROAD~ EAST MARION Figure 3. Looking south from Long Island Sound upslope and toward subject upland. ~gure 4. Looking south over upland and proposed building site. Jill M. Doherty, President James F. King, Vice-Pl~sident Dave Bergen Bob Ghosio, Jr. John Bredemeyer P.O. Box 1179 Southold. NY 11971 Telephone(631) 765-1892 Fax (631)765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: HENRY MAZZONI requests a Wetland Permit to clear (as necessary) up to 50' landward of the top of buff and landward of the coastal erosion hazard boundary line with associated filling and grading occurring no closer than 75' from the defined top of bluff, for the purpose of improving the vacant subject parcel with a two-story dwelling and appurtenances located no closer than 100' from the top of bluff. Located: Stoney Beach Rd., East Marion. SCTM#22-3-18.15 Type of area to be impacted: /Saltwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland P~cOf Town Code proposed work falls under: hapt.275 TM Chapt. 111 other Type of Application: ~,"Wetland v/Coastal Erosion__Amendment ~Ad ministrative__Emergency Pre-Submission __Violation Info needed: Modifications: Present Were: __&King __J.Doherty ~'J. Bredemeyer__ B.Ghosio, D. Dzenkowski other Form filled out in the,field by Mailed/Faxed to: Date: D. Bergen__ 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 April 22, 2008 Mr. Robert Herrmann En-Consultants, Inc. 1319 North Sea Road Southampton, NY 11968 RE: HENRY MAZZONI STONEY BEACH ROAD, EAST MARION SCTM# 22-3-18.15 Dear Mr. Herrmann: The Southold Town Board of Trustees reviewed the survey prepared by Young & Young, last dated February 28, 2008, and received on March 6, 2008, and determined the proposed work of the construction of a two-story dwelling and appurtenances to be located no closer than 100' from the top of the bluff and out of the Wetland jurisdiction under Chapter 275 of the Town Wetland Code and Chapter 111 of the Town Code. Therefore, in accordance with the current Wetlands Code (Chapter 275) and the Coastal Erosion Hazard Area (Chapter 111) no permit is required. Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal and/or freshwater wetlands jurisdictional boundary or seaward of the coastal erosion hazard area as indicated above, or within 100' landward from the top of the bluff, without further authorization from the Southold Town Board of Trustees pursuant to Chapter 275 and/or Chapter 111 of the Town Code. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction and Coastal Erosion Hazard Area, which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and the coastal erosion hazard area and your project or erecting a temporary fence, barrier, or hay bale berm. This determination is not a determination from any other agency. If you have any further questions, please do not hesitate to call. Sincerely, James F. King, President Board of Trustees JFK:eac OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILIN(;ADDRESS: P.O. Box 1179 Southold, NY11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Jill Doherty, President Town of Southold Board of Trustees,/- From: Mark Terry, Principal Planner LWRP Coordinator Date: April 19, 2010 Re: Proposed Wetland Permit for HENRY MAZZONI SCTM#1000-22-3-18.15 En-Consultants, Inc. on behalf of HENRY MAZZONI requests a Wetland Permit to clear (as necessary) up to 50' landward of the top of bluff and landward of the coastal erosion hazard boundary line with associated filling and grading occurring no closer than 75' from the defined top of bluff, for the purpose of improving the vacant subject parcel with a two-story dwelling and appurtenances located no closer than 100' from the top of bluff. Located: Stoney Beach Rd., East Marion. SCTM#22-3-18.15 In February of 2008 an INCONSISTENT recommendation was made to the Board for an action that did not meet or further the LWRP policies on the subject parcel. In March of 2010 the applicant submitted a new application. I have reviewed the application and have determined that that the concerns identified in the INCONSISTENT recommendation have been addressed and therefore the new proposed action meets and/or further the policies of the LWRP. I recommend that the Board issue a consistency determination Pursuant to § 268-5. Review of actions, item F. which states: Upon recommendation of LWRP Coordinator, the designated agency shall consider whether the proposed action is consistent with the L WRP policy standards summarized in § 268-1 herein. Prior to making its determination of consistency, the designated agency shall consider the consistency recommendation of the LWRP Coordinator. The agency shall render a written determination of consistency based on the CAF, the LWRP Coordinator recommendation and such other information as is deemed necessary to its determination. No approval or decision shall be rendered for an action in the coastal area without a determination of consistency. Cc: Lori Hulse, Assistant Town Attorney Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall, 53095 Main Rd. P.O. Box 1179 Southold,NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office UseOnly ___.~wOaStal Erosion Permit Application etland Permit Application Administrative Permit Amendment/Transfer/Extension v/~ece~ved Application: JReceived Feel ~'~ ~~ ,/L~mpleted Application ~1 I~r] IiD Incomplete SEQRA Classification: Type I Type II Unlisted ,~l~rdination: (date sent) RP Consistency Assessment Form ~"~AC Referral Sent: C~,.I,~-I v.Uate of Inspection: Receipt of CAC Report: Lead Agency Determination: Technical Review: ~'~ublic Hearing Held: q. Resolution: Name of ApplicantHENRY MAZZONI Address 146-04 25TH STREET, FLUSHING, NY 11354 Phone Number: 34~ 672-2051 Suffolk County Tax Map Number: 1000 - 22-3-18.15 Property Location: STONEY BEACH ROAD, EAST MARION (provide LILCO Pole #, distance to cross streets, and location) AGENT: EN-CONSULTANTS, INC. (If applicable) Address: 1319 NORTH SEA ROAD, SOUTHAMPTON, NY 11968 Phone: 631-283-6360 Board of Trustees Appljtion GENERAL DATA Land Area (in square feet): 102,635 SQ. FT. Area Zoning:. R-80 Previous use of property: RESIDENTIAL - UNDEVELOPED Intended use of property: RESIDENTIAL, ONE-FAMILY DWELLING Covenants and Restrictions: No X Yes If "Yes", please provide copy. Copies of Peconic Land Trust Easement - 12/29/07 & Southold Trustees Covenant - 12/23/08, provided. Prior permits/approvals for site improvements: Agency Date SOUTHOLD TRUSTEES WETLANDS 2/27/08 SOUTHOLD TRUSTEES LETTER OF NON-JURISDITION 4/22/08 No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? No Yes If yes, provide explanation: Project Description (use attachments if necessary): CLEAR (AS NECESSARY) UP TO 50 FEET LANDWARD OF THE "TOP OF BLUFF AS SHOWN ON FILED MAP" AND LANDWARD OF THE "COASTAL EROSION HAZARD BOUNDARY LINE AS SHOWN ON FILED MAP" (WITH ASSOCIATED FILLING AND GRADING OCCURRING NO CLOSER THAN 75 FEET FROM THE DEFINED TOP OF BLUFF) FOR THE PURPOSE OF IMPROVING THE VACANT SUBJECT PARCEL WITH A TWO-STORY DWELLING AND APPURTENANCES LOCATED NO CLOSER THAN 100 FEET FROM THE "TOP OF BLUFF AS SHOWN ON FILED MAP" AND THEREFORE BEYOND CHAPTER 275 AND CHAPTER 111 JURiSDICTION, ALL AS DEPICTED ON THE SITE PLAN PREPARED BY YOUNG & YOUNG, LAST DATED FEBRUARY 28, 2008. Board of Trustees WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: To clear as necessary the portion of property located within Chapter 275 jurisdiction for the purpose of improving the vacant parcel with a dwelling to be located more than 100 feet landward of the Trustees' jurisdictional boundary. Area of wetlands on lot: 0 .square feet Percent coverage of lot: 0 % Closest distance between nearest existing structure and upland edge of wetlands: N/A feet Closest distance between nearest proposed structure and upland edge of wetlands: >100 feet Does the project involve excavation or filling? X No Yes If yes, how much material will be excavated?N/A cubic yards How much material will be filled? N/A cubic yards Depth of which material will be removed or deposited: N/A Proposed slope throughout the area of operations: N/A Manner in which material will be removed or deposited: 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 proposed clearing will occur no closer than 50 feet from the top of the bluffshown on the filed map and more than 100 feet from the surface waters of Long Island Sound. A permanent 50' nondisturbance buffer has already been legally established via deed covenant, a copy of which is attached hereto. All construction is proposed more than 100 feet from the top of bluffline and thus beyond Chapter 275 jurisdiction; and any filling and grading associated with the project would occur no closer than 75' from the top of biuffas shown on the filed map. Therefore, the project will have no significant adverse impact on the adjacent tidal waters associated with Long Island Sound. PROJECT ID NUMBER PART 1 - PROJECT INFORMATION 1. APPLICANT 1 SPONSOR -IENRY MAZZONI BY EN-CONSULTANTS, INC. 3. PROJECT LOCATION: Municipality EAST MARION 617.20 ~ APPENDIX CI~I STATE ENVIRONMENTAL QUA"ErTY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by Applicant or Project Sponsor) 2. PROJECT NAME County SUFFOLK 4. PRECISE LOCATION: Street Address and Road Intersections. Prominent landmarks etc - or provide map STONEY BEACH ROAD, EAST MARION, TOWN OF SOUTHOLD, SCTM #1000-22-3-18.15 5.1S PROPOSED ACTION: [] New NExpansion [~[Modi§cation/alteration 6~ DESCRIBE PROJECT BRIEFLY: SEQR 2LEAR (AS NECESSARY) UP TO 50 FEET LANDWARD OF THE "TOP OF BLUFF AS SHOWN ON FILED MAP" AND LANDWARD OF THE "COASTAL EROSION HAZARD BOUNDARY LINE AS SHOWN ON FILED MAP" (WITH a, SSOCIATED FILLING AND GRADING OCCURRING NO CLOSER THAN 75 FEET FROM THE DEFINED TOP OF 3LUFF) FOR THE PURPOSE OF IMPROVING THE VACANT SUBJECT PARCEL WITH A TWO-STORY DWELLING ~,ND APPURTENANCES LOCATED NO CLOSER THAN 100 FEET FROM THE "TOP OF BLUFF AS SHOWN ON ?ILED MAP" AND THEREFORE BEYOND CHAPTER 275 AND CHAPTER 111 JURISDICTION, ALL AS DEPICTED 2)N THE SITE PLAN PREPARED BY YOUNG & YOUNG, LAST DATED FEBRUARY 28, 2008. 7. AMOUNT OF LAND AFFECTED: Initially 2.36 acres ~timately 2.36 ac~es 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? [~Yes [] No Ifno, describe briefly: 9. WHAT iS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) [~]Res~dential r"-]lndustdal DCommercial [~Agriculture DPark/Forest/OpenSpaca [~Other(descdbe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) [~Yes [~] No If yes, list agency name and permit / approval: DEC LETTER OF NON-JURISDICTION 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [~Yes r~lN° If yes, list agency aame and permit / approval: H DEC LETTER OF NON-JURISDICTION 17.~,S A P~ULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT~HE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponsor Name ~)~RT E. HERRMANN, COASTAL MANAGEMENT SPECIALIST Date: MARCH 16, 2010 If the action is a Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY'I'YPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yea, coo~linate the review process and use the FULL EAF. r-I - 171.o B. W1LL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNMSTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaratio~ may be superseded by another involved agency. I--I r71.0 C. COULD AC'rlON RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answe~ may be handwritten, tf legible) Cl. E~dsting air quality, sur~c~ or groendwator quality or quantity, n~ea levels, e~stlog traffic pattsm, solid waste pmductien or disposal, potential for ereaien, drainage or tionding problems? Explain I~: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cetioral resources; or mmmunity or nstghbe~enod chamctor? Explain brletiy: C3. Ve~iu[iun or fauna, fish, shaltiish ~r wildlife Sl~Cles, significant habtiats, or threatened or endangered species? Explain bdefly: C4. A ~.Tii.Jntiy's existing plans or goals as officJstly adopted, or a change in use or intensity of use nt land or othe~ natural resources? Explain briefly: Cfi. Growth, subsequent development, or related activifies likely to be induced by the pmpeaed action? Explain txiefly: L ' I~1. en~ term, ~horl term, ~mulatiue. or nthar ef~t~ not ide~lf~l in Ct-C~? E.~stn ~y: ° ' No D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENT/M-AREA(CEA)? (If yes, explain b~letiy: E. IS THERE, OR IS THERE UKELY TO BEl CONTROVERSY RELATED TO'poTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If),es ex~laln: PART III - DETERI~INATION OF SIGNIFICANCE (To be completed by Agenw) INSTRUCTIONS: Foreachadversee~ectiden~edabeve~determ~new~etheritlesubstsn~a~arge~important~rofhenvisesigni~c~nL Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occun~; (c) duration; (d) irreversibili{y; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supparling materials. Ensure that explanatlens contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes, the,determination of significance must evaluate the potential impact of the proposed a~ort on the etwlronmental charactsdstice of the CEA. Check this bex if you have identitied one or mom polentially large or signifisant adverse Impacts which ti~,Y occur. Then proseed direc~ to lite FUM FAF end/or prepare a positive deatamfion. Check this box if you have determined, based on the information and analysis above and any eapl:~xtl~g documentation, that the proposed actler WILL NOT result in any significant adverse environmental Impa~ts AND provide, on aifschme~s ss necnsss~,, the raasena supporliog thh determination. Board of Trustees /~. ~/~ Name of Lead Agency Date Jill M. Doherty President Pdnt or ~'yp~e Name of Resp~nsib~ Offi/ce~,,in Lead Agency Title of Responsible Officer natum of Respohs~-ble Office~l(Lead Agency Signature of Preparer (If different f~om responsible officer) Jill M. Doherty, President Jmnes F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of HENRY MAZZONI COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING being duly swo{n, depose and say: / ' ! ' That on the~ay of ~ TI~4t.-- ,2010, I personally posted the property known~as !trtw- z'z- s- Lg.t ,/M- g- o,,t 'go. ct, by placing the Board of Trustees official-poster Where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held Wed.~ April 21~ 2010 on or about 6:00 PM. Dated: (signature~ Sworn to before me this day of ~OL20~}0 Notary---Public - NOTICE TO ADJACENT PROPERTY OWNER ~ ! /~ BOARD OF TRUSTEES~ TOWN OF SOUTHOLD In the matter of applicant: HENRY MAZZONI 8CTM#1OOO-22-3-18.15 '~_ ...... d YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: CLEAR (AS NECESSARY) UP TO 50 FEET LANDWARD OF THE "TOP OF BLUFF AS SHOWN ON FILED MAP" AND LANDWARD OF THE "COASTAL EROSION HAZARD BOUNDARY LINE AS SHOWN ON FILED MAP" (WITH ASSOCIATED FILLING AND GRADING OCCURRING NO CLOSER THAN 75 FEET FROM THE DEFINED TOP OF BLUFF) FOR THE PURPOSE OF IMPROVING THE VACANT SUBJECT PARCEL WITH A TWO-STORY DWELLING AND APPURTENANCES LOCATED NO CLOSER THAN 100 FEET FROM THE "TOP OF BLUFF AS SHOWN ON FILED MAP" AND THEREFORE BEYOND CHAPTER 275 AND CHAPTER 111 JURISDICTION, ALL AS DEPICTED ON THE SITE PLAN PREPARED BY YOUNG & YOUNG, LAST DATED FEBRUARY 28, 2008. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: STONEY BEACH ROAD, EAST MARION 3. That the project which is subject to Environmental Review under Chapters 96,111 and/or 275 of the Town Code is open to public comment on: DATE: APRIL 21ST, 2010 ~ 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. PROPERTY OWNERS NAME: MAILING ADDRESS: PHONE#: HENRY MAZZONI 146-04 25TH STREET, FLUSHING, NY 11354 347-672-2051 AGENT: EN-CONSULTANTS, INC. MAILING ADDRESS: 1319 NORTH SEA ROAD, SOUTHAMPTON, NY 11968 PHONE #2 631-283-6360 Enc: Copy of sketch or plan showing proposal for your convenience. ATTACH CERTIFIED PTS SWITZER COVE BEACH, LLC Address: 4651 SENTINEL POST ROAD N.W. ATLANTA, GA 30327 JAMES & PAULA McCABL 3325 WICKHAM AVENUE MATTITUCK, NY 11952 COVE BEACH ESTATES LLC P.O. BOX 250 COLD SPRING, NY 10516 STATE OF NEW YORK COUNTY OF SUFFOLK ROBERT E. HERRMANN doing business atEN-CONSULTANTS, INC. 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 , being duly sworn, deposes and says that on the 7TH day of APRIL ,20 10 , 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 their 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 persons by (certified) (registered) mail. ~ ROBERT E. HERRMANN COASTAL MANAGEMENT SPECIALIST Sworn to before me this day of APRIL ,20 10 ~J ~ Not-ary ' ~ublic 7th OFFICIAL USE [= ~n~t I~qulr~ $ ~ON~ James & Paula McCabe 3325 Wickham Avenue Mattituck, NY 11952 OFF C]AL Switzer Cove Beach, LLC 4651 Sentinel Post Road N.W. Atlanta, GA 30327 IT1 ITl OFF ClAL USE Cove Beach Estates, LLC "l P.O. Box 250 Cold Spring, NY 10516 · Board of Trustees Application AUTHORIZATION (where the applicant is not the owner (print owner of property) (mailing address ) do hereby authorize (Agent) to apply for permit(s) from the Southold Board of Town Trustees on my behalf. 8 Board of Trustees Appl~ion County of Suffolk State of New York SES DF4CmB ~d~ BEING DULY SWORN EAFFIRMS THAT HE/SHE IS THE APPLICANT FOR TId~ ABOVE RMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO T E 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 CLAI2MS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), I~ 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 CONIUNCTION WITH REVIEW OF TI-I/S APPLICATION. SWORN TO BEFORE ME THIS , /' DAY ,20 I~ Notary Publi~ ~' ~ ~ APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of tovm officers and employees. The purpose of this form is to 'orovide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, first name, rind'die initial, unless you are applying tn the nam someone else or other entity, such az a company. If so, ihdicate the other person's or company's name.) NAME OF APPLICATION: (Check ail that apply.) Variance Change of Zone Approval of plat Exemption from plat or official map Other (I "Other", name the aot vi*.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship w/th 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% off'.hares- YES NO ~ If you answered "YE", complete the balance of this form and date and sign where indicated, Name of person employed by the Town of Southo,ld Title or position of that person Describe the relationship between yourself(the applicantdagent/repmsentafive) 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% of the 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, panner, or employee of the applicant; or ___D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this -7' day of, ~/tv'w-'a'~- . Signature ~-~~ Town of Sonthold A. LWRP CONSISTENCY ASSESSMENT F~ORM INSTRUCTIONS I. A I1 applicants f0r perm its* including T0w n 0f S0uth01d agencies, shall c0m plete this C C A F f0r proposed actions that are subject to the Town of S0uthold Waterfront Consistency U eview Law. This assessmentisintendedt0 supplement0therinformati0nusedby a T0wnofS0uth01d agency in m a k in g a d ete r m in a ti0 n 0 f c o n s is t e n c y. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both supporting and non- suDportin~ 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 22 3 . 18.15 PROJECT NAME HENRY MAZZONI The Application has been submitted to (check appropriate response): TownBoard [--] PlanningBoard~] 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: CLEAR (AS NECESSARY) UP TO 50 FEET LANDWARD OF THE "TOP OF BLUFF AS SHOWN ON FILED MAP" AND LANDWARD OF THE "COASTAL EROSION HAZARD BOUNDARY LINE AS SHOWN ON FILED MAP" (WITH ASSOCIATED FILLING AND GRADING OCCURRING NO CLOSER THAN 75 FEET FROM THE DEFINED TOP OF BLUFF) FOR THE PURPOSE OF IMPROVING THE VACANT SUBJECT PARCEL WITH A TWO-STORY DWELLING AND APPURTENANCES LOCATED NO CLOSER THAN 100 FEET FROM THE "TOP OF BLUFF AS SHOWN ON FILED MAP" AND THEREFORE BEYOND CHAPTER 275 AND CHAPTER 111 JURISDICTION, ALL AS DEPICTED ON THE SITE PLAN PREPARED BY YOUNG & YOUNG, LAST DATED FEBRUARY 28, 2008. Location of action: STONEY BEACH ROAD, EAST MARION Site acreage: 2.36 Present land use: UNDEVELOPED- RESIDENTIAL Present zoning classification: R-80 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: HENRY MAZZON1 (b) Mailing address: 146-04 25TH STREET FLUSHING, NY 11354 (c) Telephone number: Area Code 347-672-2051 (d) Application number, if any:. Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes--I ] 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 III - Policies Pages 6 through 7 for evaluation criteria ~ Yes ~-] No [~ Not Applicable THE PROJECT IS CONSISTENT WITH POLICY 3 AS ALL STRUCTURES WILL BE LOCATED MORE THAN 100 FEET FROM THE DEFINED TOP OF BLUFF, AND ASSOCIATED CLEARING ACTIVITIES WILL BE LIMITED TO A DISTANCE NO CLOSER THAN 50 FEET FROM THE DEFINED TOP OF BLUFF AND MORE THAN 120 FEET FROM THE SURFACE WATERS OF LONG ISLAND SOUND. (A 50' NONDISTURBANCE BUFFER WAS COVENANTED IN 2008, AS WAS A PROHIBITION AGAINST ANY FILLING AND GRADING OCCURRING CLOSER THAN 75' FROM THE DEFINED TOP OF BLUFF.) THEREFORE, A VISUAL BUFFER GREATER THAN 120 FEET WIDE WILL BE MAINTAINED BETWEEN THE SURFACE WATERS OF LONG ISLAND SOUND AND THE DEVELOPED PORTION OF THE PROPERTY. Aaach 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 ~ ~ot ~c 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 [5~ Yes ~] No [--'] Not Applicable THE PRO JEC T IS CONSIS TENT WITH POLIC Y3 AS ALL STRUCTURES & SEPTIC FACILITIES WILL BE LOCA TED MORE THAN 100 FEET FROM THE DEFINED TOP OF BLUFF, AND ASSOCIATED CLEARING ACTIVITIES WILL BE LIMITED TO A DISTANCE NO CLOSER THAN 50 FEET FROM THE DEFINED TOP OF BLUFF AND MORE THAN 120 FEET FROM THE SURFACE WATERS OF LONG ISLAND SOUND. ALL COVERAGE BY IMPERVIOUS SURFACES WILL BE LOCATED NO LESS THAN 190 FEET FROM THE SURFACE WATERS OF LONG ISLAND SOUND, AND TREATED SEPTIC EFFLUENT WILL BE LOCATED MORE THAN 230 FEET FROM LONG ISLAND SOUND. ADDITIONALLY, ROOF RUNOFF WILL BE COLLECTED BY A DRAINAGE SYSTEM OF LEADERS, GUTTERS, AND DRYWELLS. 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 ~ No~Aplllicabie THE PROJECT IS CONSISTENT WI~POLICY 6 BECAUSE 1T COMPLIES WITI~I~L STATUTORY AND REGULATORY REQUIREMENTS OF THE TOWN TRUSTEES AND NYS DEC AND FOR ALL THE REASONS IT IS CONSISTENT WITH POLICIES 3 AND 5 AS OUTLINED ABOVE. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. Yes [~ No[~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III ~ Policies; Pages 34 through 38 for evaluation criteria. [~ Yes [-~ No [5~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes ~ No~ Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES ' Polic'y 10. Protect Southold'~te.r-dependent uses and promote ~Ig of new.wa~t.er-dep,en.dent suitable locations. See LWRP Section IH - Policies; Pages 47 throug~h-56 for evaluanon cmena. __] Yes ~] No [~ Not Applicable uses in 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 [5~ 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. I-1 Yes I---I No Not Applicable PREPARED BY r~ ROBERT E. HE'~RMANN TITLEcoASTALMGMTSPECIALIST DATE. 3/16/10 Amended on 8/1/05 EN-CONSULTANTS, INC. ENVIRONMENTAL CONSULTING 1319 No~h Sea Road Southampton, NewYork 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com March 16, 2010 Town of Southold Board of Trustees 54375 Main Road Post Office Box 1179 Southold, New York 11971 Attn.: Lauren Standish Re: Henry Mazzoni Stoney Beach Road, East Marion SCTM # 1000-22-3 - 18.15 Dear Ms. Standish: In regard to the above referenced property, enclosed are the following for the Board of Trustees review: 3. 4. 5. 6. 7. 8. 9. Three (3) Wetland Permit Applications including: a) Short Environmental Assessment Form; b) Authorization & Disclosure Forms; and c) survey. One (1) set of site photographs. Copy of Southold Trustees Letter of Non-Jurisdiction. Copy of Southold Trustees Permit #6827. Copy of Peconic Land Trust's Deed of Conservation Easement. Copy of Southold Trustees Declaration of Covenants. Copy of Deed. 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. Robert E. Herrmann Coastal Management Specialist Enc. SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Number of Pages: 4 Receipt Number : 08-0121079 District: 1000 Recorded: At: 12/23/2008 09:45:01 AM Page/Filing COE TP-584 Cert. Copies Received the Following Fees For Above Instrument Exempt Exempt $20.00 NO Handling $20.00 NO $5.00 NO NYS SRCHG $15.00 NO $0.00 NO Notation $0.00 NO $5.00 NO RPT $30.00 NO Fees Paid $95.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County LIBER: D00012575 PAGE: 721 Section: Block: Lot: 022.00 03.00 018.015 EXAMINED AND CHARGED AS FOLLOWS Number of pages This document will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 31 Page / Filing Fee Handling TP-584 Notation EA-52 17 (County) EA-5217 (State) R.ET.S.A. Comm. of Ed. Affidavit Certified Copy NYS Surcl~hrge Other ~ 00 FEES SubTotal 5. 00 15. 00 Sub Total Grand Total r~''~ 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. 4 Dist. 1 Real Propert Tax Service Agency Verification 6 8 1000 02200 0300 018015 315 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: En-Consultants, Inc. 1319 North Sea Road Southampton, NY 11968 Community Preservation Fund Consideration Amount $ CPF Tax Due $ Improved. Vacant Land TD TD Mail to: Judith A. Pascale, Suffolk County Clerk Title Information 310 Center Drive, Riverhead, NY 11901 Co. Name www. suffolk¢ountyny, gov/clerk Suffolk County Recording & Endorsement Page This page forms part of the attached Henry Mazzoni Declaration of Covenants (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK, made by: TO In the TOWN of ~outhold Town of Southold In the VILLAGE I%~arf~ r%{ Trustees orHAMLETof East Marion BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) DECLARATION OF COVENANTS THIS DECLARATION made this day of , 2008, by Henry Mazzoni, residing at 146-04 25th Street, Flushing, NY 11354, hereinafter referred to as "DECLARANT": W I TNE S S E T H : WHEREAS, DECLARANT is the owner of certain real property located on Stoney Beach Road, East Marion, Town of Southo]d, County of Suffolk, State of New York, described in the Suffolk County Tax Map as District 1000, Section 22, Block 03, Lot 18.15 and filed in the Office of the Clerk of the County of Suffolk as part of Map No. 11131 on July 13, 2004, which is more ~articularly 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 suecessor, 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 DECLARANT 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 fifty- foot wide "nondisturbance buffer'~ be maintained adjacent to and landward of the crest of bluff and that no filling or regrading occur within seventy- five feet of the crest of bluff, NOW, THEREFORE, follows: the DECLARANT does hereby covenant and agree as There shall be maintained adjacent to and landward of bluff a fifty-foot wide "nondisturbance buffer" Chapter 275 of the Town Code; of the crest as defined by 2) No filling or regrading shall occur within seventy-five feet of the crest of bluff; and These requirements may only be modified by the DECLARANT, his heirs, assigns, purchasers, or successors in interest upon resolution of the Trustees. IN WITNESS WHEREOF, the owner has duly executed this instrument this day of /] ,2008. STATE OF COUNTY OF ~ On the /( day of /~a~-o~-- ~-~ ~'-~, in the year 2008, before me the undersigned, a Notary ~ub~id in and for said State, personally appeared Henry Mazzoni, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he ~cuted the same in his capacity, and that by his signature on the instrument, the individual or the persons on behalf of which the individual acted, ex cu~ed the i~ment. / lota~y Public 2 ]I~ENA Nomw ~u~k% S~a*e o; New ¥o~ No. 01006085034 Qualified in Suffolk County Commission Expires Dec. 16. SCHEDULE A ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York, known and designated as Lot No. 5 as shown on a map entitled "Map of Cove Beach Estates", Town of Southold and filed in the Office of the Clerk of the County of Suffolk on the 13th day of July, 2004 as Map No. l 1131, being more particularly bounded and described as follows: BEGINNING at a point on the northerly side of Stoney Beach Road distant 1,434.66 feet northwesterly from the comer formed by the intersection of the northerly side of Stoney Beach Road and the westerly side of Cove Beach Drive; RUNNING THENCE North 72 degrees 43 minutes 35 seconds West, 179.46 feet along the northerly side of Stoney Beach Road; THENCE North 18 degrees 32 minutes 44 seconds East, 576.21 feet; THENCE South 66 degrees 23 minutes 25 seconds East, 53.87 feet; THENCE South 73 degrees 50 minutes 23 seconds East, 99.44 feet; THENCE South 75 degrees 21 minutes 11 seconds East, 26.46 feet; THENCE South 18 degrees 32 minutes 44 seconds West 573.41 feet to the northerly side of Stoney Beach Road, the point or place of BEGINNING. .S, ep 1~ 08 04:01p Henry 7183532605 p.1 THIS INDENTURE, made the 2 7th day of S ~5 t ember , in the year 2006 BETWEEN COVE BEACH ESTATES,LLC.' c/o Enzo M0rabito resldiug at 28 East Gate Road, Wainscott, New York, 11975 ' HENRY ]M. AZZONI,___.._ re~ia;n,,~._.$ at 146-04 25th ' ' ~' ' ~c ...... : Road, Fiuslung, New Yorl/4 1J1354 party of the second part, WITHESSETIt, that. the party of th= first part. in ¢onsideratloa often Dollars and other valuable eonsid~ratioa paid bY the party orthe second part do~ hereby gram a d ~elease unto the party of the second p~rt' th* heirs or successors and assiails or the party of the second part fore:ver, - ALL that cetlain plot, piece or parcel of lgnd, With the buildings mid improvements thereon erected, sit'ate, lying and being in the SEE SCHEDULE ATTACHED BEING AND INTENDED TO BE part of premises cohveTEd to party of the f.irs~ part by deed dated 1t/1/00 and recorded in the Office of the Clerk of Suffolk County on 11/14/00 in L~b~r 12084 at Page 149 TOG ETHER with alt right, dtle and interest, if any, of the party of tho lust part eL in and to any streets and toads abutting the above-described premises to the center lines thereof; TOGETIiER with the appurtenfinc~ and all the estate imd rights el'the party of the first part in and to said premises; TO IIAVE AND TO HOLD the premises herein granted unto the party of die AND the party of tha first part cerements that the party of the firsl part has not done or su/fered anytidng whereby the said >remises have been incumbered in any way whatever, except as aforesaid. AND the party of the fkst part, in compliance with Section ] 3 of the Lien Law, covenants tirol the party o f the first part wi l receive the consideration for this convey anc~ and will hold tile right to receive such coasideration first for the pucpose of paying the cost of the improvellaaot and will apply the same first to the payment of the cost or the improvement before aslng ~t,.y pm-t of the total o[ the same for any other purpose. The wo:d "p~rty" aha}l.be construed aa if it read 'paxties" wheneyer the sense of thls indenture so requires. IN WITNESS WHEREOF, tile party of lite first pm't has duly executed thig de~l the day attd year first above written. IN PRESENCE OF: .o~,u ,.,, uo u~.uzp h~enry 7183532605 p.1 p~ty ol5 the second paa% WITNE$sETH, that :he party of the first part, in c ansideration of Ten Dollars aud other valuabJe co nsideradon paid b}, the party of the second part, does hereby graut and release unto the party of the second part, the heirs or successors and assigns of the patty of the second patt fore'er, ALL ~.t, cat:sin plot, piece or parcel of land, with tim buildings and improvemenls then:on erected, site ate, lying an~ b~ing in the SEE SCHEDULE ATTACHED . BEING AND INTENDED TO BE part of premises conveyed to party of the first part by deed dated 11/1/00 and r~cordsd in the Office of the clerk of Suffolk County on 11/14/00 in Libor 12084 at Page 149 TOGETH. ER wi~h all d ght, dtl~ and interest, if any, al' the pa~ty of. the First part of, in and to troy streets and roads abutting the above-described pr~mises to the center L~nes thereof; TOGETHER with the sppui'tenanc/:~ and all the estat6 ~d rights 0 f Ute party of the ~rst part in and to said premises; TO HA~g AND TO HOLD the premises herein grant.el unto the party or the second part, the heirs or successors and assigus or the party of the Seeoud parl forever. AND the party of th6 first part covenants that the party of the 5rs{ part has not doue or suffered anytifing whereby the said ~remises have been incumbered in any way whatever, except as aforesaid, AND the patty of the first part, in compliance with Section 13 of the Lien Law, coveaants that the party al' the first par~ wilt receive tile consideration for this conveyance and will hold the right to receive such eonsidaration as a trust fund Io be applied first for the puq~ose of paying the cost oi' the improvement and will apply the same F~rst to the payment of the cost of the tmprovement before using any part of the total of the stone for any off, er purpose. The word "party" shall.be coustmed as if it read "parties" wheneyer the sense of this indeuture so requi r:s. IN WITNESS WHEP,,EOF, the party of the first part has duly executed this deed the day sad year first above written. IN PRESENCE OF: COVE BEACH E~A~S, LLC o~p *a uo u~-:uwp Henry 7183532605 p.1 S~le otNewYork, County of ~ k ~ } ~.: O~ ~e~ d~y of Seotemb~r in We ye~ 2006 par/oa~y ~own to m~ or prov~ to me on ~ oasis o[ 8a~/aOtOl~ evidenc~ to be the iedividu~(s) who~ name(s) is (~) suh~b~ to the' w~ ins~m~nt and ac~owl~dged to me t~t h~sh~they ~xecu~ si~atum(s) on the ins~men~ the individU~(s), or lh~ p~son bebaff of which the individual(s) ~ted, ~xecuted the instrument. J. TOBOK Not~ Publi~, 8tat~ of N~w fo~ Qualffmd in Naseau OounN ~ A C~OWL~G~NT FOCI FOR gS~ WI~tIN ~%'EW YO~K S~ ONLI2 S~te of New York, Couo~ of } Od ~he day of in ffm ye~ ~tore me, &e undemgn~, pe~n~ly · e subscribing wimps t. the foregoia~ ins~manL with whnm person~ly aequ~nt~, w~, being by ~e duly ~wo;n. did say that hCsh~tbey r~ide(s) in ( ~th* piece of resklence ix h~ a city. inchtde the street and street number, ¢ a.y, thereo]); tka/he/shiley ~ow(s) to be &e individual dmcrihed in ~d who ~uted the foregoing ins~ment; that s~d sub~dbing wire,ss was present ~d saw s~d execute the sma and ~at s~d witne~ at the sma time subscriM~ h~er/&eir n~e(s) as a witnes~ th~eto. USEACKNOtI'LEDGM~¥rFORMBBLOWIKITHINN~V ]rORKSTATEONLY: State of New Yor~ County or. J ss.: On ~e day of in before me, the undersignS, ~rsonally append ~rsonalty ~own to me or pmv~ Io me on ~e b~is of safis[acto~ avid*ncc to ~ the individu~(s) whose n~(s) is (m~) subrcribed m the wi~in imminent and ac~owledged Io me that h~sh~they execumd the a~* in ~effthek eapaci~0~). ~d ~at by his~er/~eir sig~nture(s) on fl}* instant, ~e ~dividaal(~), or &e ~san upon behalf o~ which the individual(s) aet~ exmuted ~e instrument ACKNOWLEDGMENTI~.Op~ FOJ~ U,~E OUT~IDE NEW YoRK STAII~ ONL¥: [Out of State at' i:oreiga Ge~l et'al A~kaon'ledglnenr Certificate} On Ihe day of in the year before me, the undersigned, personally appeared pe.rsonally known tO .m.e or pr6ved to me On the b~sis of satisfacton', evidence to be the mdlwduaI(s) w lore name(s) is (me) subscribed to the within ins~'ument and acknowledged th xr~ that hedrhe~they executed the same in hisSer/their capacitY(les), that by his/heft their signature(s) on theinstmment, dm individual(r), or the person upon behalf of whicb tho individual(s) acted executed the instrument, and that such indi¥idual made such appearance before the undersigned in ihe (htsert the city or other poiitical subdivision and the state or cottltOy or other place the aclaion,ledgmqnt wax taken). BARGAIN & SkLE DEED COVE BEACH ESTATES, LLC TO HENRY MAZZONI FIDELITY NATIONAL TITLE A Ilqs urt'Arqc~' COMPANY SF~ION BLOCK LOT COUHTY OR TOWN RECORDED ATREOUE$T OF Fidelity Nafiomd Til/e Insurance Company RETURN BY MAIL TO o~p ~ uo u,+.uop r~enry 7183532605 p.1 Amended 04-28-2006 SubOrn,- ~_~ c, ............ ~ . rv. tanor~, l'own cz ,-~oW-hOld, Ccra.~'y en~fl~ "~p oi Cov~ B~Emr~", Town of So~otd ~d ~ Clerk of ~e Co~ of S~o~ en ~e 13~ day of ~y, 2004 ~ ~p No. more p~cul~ly bo~deg ~d d~cfibed ~ renews: BEG~-G ~t a po~ on ~ no~efly ~d~ of Stoney Eea~ Road f~r no~we~rly from ~ com~ fo~ by ~e mrers~o~ of ~: no~erly Sto~y Beth Road ~d ~e we~ly side of Cove B~ch Drive; R~G ~CE No~ 72 ~e~ 43 ~s 35 se~o~ West, 179.46 ~e ~ly si~ of Stoney B~k Road; THENCE No~ 18 te~ 32 ~ms ~ secon~ E~, 576.21 &et; TH~CE Sou~ 56 de~ 23 mjnut~ 25 s~o~s ~t, 53,87 ~ENCE Sou~ 73 de~e~ 50 m~u~ 23 s~o~ ~t, 99.~ T~CE SouE 75 de~e~ 21 mi~t~ tl secon& ~, 26.46 T~NCE Sou~ 18 ~ees 32 mln,,ms ~ s~on~ We~, 57~,~1 fe~t side of Sto~y B~-Road, ~e po~ ct place of BEG~G. The policy to he issued under thi~ report will insure the title to such buildinc and improvements erected on the premises which by law constitute real praperty. TOGETHER with all the right, title and interest of the party of the first part, of, in i d to the ]and lying in the street in front of and adjoining said premises. LON~ SOUND I I I / / I / r \\ / LOt D \ \ / / ~ ~ / \\ \ / \ S 0 26,8 U E -- APPROVEDYB'~ TOY, r,l o,- HOLE (t4J Young & Young DURVEYO'R'D ~ERTI~IC~ATION FOR t-I NI ,Y MAZZONI L BUII.~IN~ t~RHIT ~:~.VEY S tot~ o / / / / / / //' \ / / / / // / / / \ x '% x \ / / / / / / / - / \/ \ \ \ / \ \ / / / / o U T~T HOL~ Young & Young 5UP."CE'r'O~'5 CEt~,TIFIC,ATION H NRY MAZZONI E~JIL-~IN~ ~t=f~MIt 5URVL=Y -}