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HomeMy WebLinkAbout5912 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailin~ Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765.1809 Fax (631) 765.9064 COVER SHEET WITH ZBA FII ,E STATUS OF FILE ZBA # .~.~c~/~ Location: j~ ~0 ,50U~ ~Y[ ~ [ ] Re~d issued: CABOT activate or reactivate file (Applic~t h~ withdrawn application). ['2/~ ] NO :REFUND DUE, based on time spent for Town to process application and hearings. [ )<' ] Obsolete & expired; CANNOT reactivate this file: NEW APPLICATION NECESSARY: Extensive time has passed; Zoning Code changes are now in effect and this application expired. NOTE: Applicant may apply for a new application with Building Inspector for a new Notice of Disapproval and submit NEW application with all documents and current maps to ZBA, or modify plan to conform to the current code. This Town file based on applicant's previous year requests has expired. [ ] No forms to be scanned; FILE # VOID: APPLICATION RETURNED. (All forms were r~turned to applicant early in process, as requested by applicant.) Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Yotmgs Avenue) Southold, NY 11971 Mailine Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 VIA CERTIFIED April 19, 2010 Catherine Messiano, Inc. 12 Mill Pond Lane East Moriches, NY 11940 RE: Pending ZBA File#5912, Robert Seeley Dear Ms. Messiano: Your application has been dormant since March 2007. The Zoning Board of Appeals is writing to inform you of their intent to close this application, unless within thirty (30) days of your receipt of this letter, you respond in writing of your intention to move forward. If you have any questions, please contact this office. Thank you for your prompt attention to this matter. Sincerely, ,/~ Vicki Toth Board Assistant C AL USE Total · Complete Items 1, 2, and 3. ,Nso comCete Eem 4 If Restflcted Dellvel7 Is deslm~. · Print your name and address on the mveme so that we can return the card to you. · Attech this card t~ tile back of the mailplece, or on the front If space permits. 1. A~tide Addressed to: If YES, enter delivery address below: [] No 3. Se~lce lype r-/Ce~#ted Mell I'~ Express Mell [] Registered [] Return Receipt for Merchandise [] In~ured Mail [] C.O.D. 4. Restflcted Deliver? (Extra Fee) []Yee 2. A~tlCleNumber 7009 0820 0001 7819 6396 (T~m-,sfer from e PS Form 3811, February 2004 Domest~ Retum Recent 102r=~S-02-M-IS40 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: April 12, 2006 TO: CDR Consulting Corp. a/c Seeley 250 Sound Beach Drive Mattituck, NY 11952 Please take notice that your application dated April 7, 2006 For permit for construction of an accessory in-ground swimming pool at Location of property: 1250 Sound Drive, Greenport, NY County Tax Map No. 1000 - Section 33 Block3 Lot 19.04 Is returned herewith and disapproved on the following grounds: The proposed in-ground swimming pool, on this conforming 45,563 square foot parcel in the R-40 District, is not permitted pursuant to Article XXIII Section 100-239.4A which states; "All buildings or structures located on lots adjacent to sounds and upon which there exists a bluffor bank landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluff or bank." The proposed in-ground swimming pool is noted as being +/- 66 feet from the bluff. ~Authori~edSigm~e~ CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. PLANNING BOARD MEMB~ JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: Ruth D. Oliv a, Chair Town of Southold Zoning Board of Appeals From: Mark Terry, Date: June 27, 2006 Re: LWRPCoordinator Senior Environmental Planner ZBA File #5912 (Seely) SCTM# 1000-33 -3 - 19.04 JUN 2 9 2006 The proposed action has been reviewed to Chapter 95, 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 INCONSISTENT with the denoted following LWRP recommendations and Policy Standards and therefore is INCONSISTENT with the LWRP. The proposed action is inconsistent with Policy 6 for reasons stated below. I Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the SouthoM Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions~ The proposed location of the pool and associated structures is +/- 66. from the top of bluff line~ a minimum setback distance of 100' is required pursuant to Chapter 97~ Section 97-12, D. Note that the applicant does not show a pool de-watering drywell. In addition see grading prohibition clause in the Covenant and Restrictions attached. eric. APPEALS BOARD MEMBER~ Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 1197 l Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 June 20,2006 Re: ZBA File Ref. No. 5912 (Seely) Dear Mark: We have a revised application for a proposed swimming pool to be constructed seaward of house located on property adjacent to the Long Island Sound, and shown on the enclosed site map. The public hearing on the above variance application will be held on July 27, 2006. A copy of the area map is also attached for your use and reference. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank you for your assistance. Very truly yours, RUTH D. OL1VA By: OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To: James Dinizio, Chair Town of Southold Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: March 28, 2007 Re: ZBA File Reft ~. 5912 (Seeley) j SCTM#1000- 33-3-19.4 MAR 2 8 200? 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 INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. I Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The revised proposed location of the pool is +/- 72.66' and the proposed brick patio is 63' from the top of bluff line; a minimum setback distance of 100' is required pursuant to Chapter 275, Section 275-3, D and a minimum setback of 100 feet is required by Article XXIII Section 280- l16A of the Town of Southold Town Code. Please require that the applicant amend the application to meet the above policy to the greatest extent possible, Note that the applicant does not show a pool de-watering drywell. Please be advised that the proposed action is subject to the Declaration of Covenants and Restrictions dated February 12, 2001 (See clause 11). Pursuant to Chapter 268, the Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Please contact me at (631) 765-1938 if you have any questions regarding the above. .Enc. DEPARTMENT OF PLANNING COUNTY OF SUFFOLK SIEVE LEVY SUFFOLK COUNTY EXECUTIVE November 24, 2006 [ONING BO~ARD OF APPEALS THOMAS ISLES, AICP DIRECTOR OF PLANNING Ms. Ruth Oliva, Chair Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Dear Ms. Oliva: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Cormmssion is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant(s) Municipal File Number(s) FITF, LLC Rosenbaum/Niamonit akis Schoenhaar, Roy & Robert Seeley, Robert Drews, Michael& Robin Fergus, Edward East Marion Fire District Melnick, Mark 5617 5691 5764 5912 5929 5941 5972 5977 *Staff notes the subdivision of Lot 1 along the B/R 40 zoning boundary and the 25 ff. wide right-of-way servicing the 3 proposed lots. As proposed, lot 2 is considered landlocked with no legal access to an existing or proposed public road. Consideration should be given to increasing the width of the right-of-way to 30 ft. and redrawing both lots 2 and 3 as flag lots with 15 fl. of frontage along Main Road. Very truly yours, Thomas Isles, AICP Director of Planning CSW:cc S/s Christopher S. Wrede Environmental Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR · P.O. BOX 6100 · (631} 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY I 1788-0099 TELECOPIER (631) 853-4044 JERIL~ B. WOODHOUSE Chair MEMBERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave. Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To: James Dinizio, Chair Members of the Zoning Board of Appeals From: Jerilyn B. woodhouse, Chair =, Members of the Planning Boayd ~/~R 2 ~l 2~ Re: Covenants and Restrictions - R~e~-~ove Estates The Planning Board is in receipt of your request for a clarification of the restrictive covenant which prohibits grading within 100 feet of the top of the bluff, except that which may be necessary to control or remedy erosion or to prevent stormwater from flowing over the edge of the bluff. The proposed action is to install a swimming pool within the 100' area upon which the Covenant and Restrictions apply. The excavation of soil and the subsequent disturbance associated with the proposed construction of the pool would constitute grading and is therefore not permitted. The purpose of this restriction is to protect the integrity of the bluff, which can be significantly compromised if development is allowed to occur within this area. Therefore, the Planning Board finds that proposed action would be in violation of the Covenants and Restrictions. If you have any questions or need additional information, please contact the Planning Department. Cc: Kieran Corcoran, Assistant Town Attorney Young & Young 400 Ostrander Avenue, Riverhead, New York 11901 63 ~-727-2303 Howard g. Young, Land $~rveyor Thomas C. ~olpert, i~rofessional Engi~er Robert C. T~t, Arehitee~ Ronald E. P~ Lan~cape Arch~ec~ D~gl~ E. Ada~, ~ofes~ona~ Engi~'~ NO'I'E~ At:~.~A : 4~ ~(2. ]~T. · .~;k)~IVI~ION MAP "ROCKCOVt= t~TATt~" ~1~ IN THE OFfiCE O~ T~ CLERK OF DFFOLK OOUN~ ON .,JUNE II, A~ ~ILE NO. I0~. ~O~g ~I~IN~ POOL ONLY. · ~VE~ A~N~Eg NOM. ~0, 2008 TO INDIOA~ O~IENTATION OF ~OPO~ 5~1~1N8 POOL ONLY. · TOTAL ~C~. F=T. O~ LOT · EXISTING ~2. 'PT. OF= B, UILglNG5 ON mROPERTY TOTAL 5~. = 45,5~ 942. FT. = ~15 ,~x:2. FT. = D&2 ~2. ft. : 4,0"/~ 9(2. i OP o ~U~VE~O~'$ .C.,Et~Tlt= I C, ATI ON HO~A~ ~. YOUNG, N.Y.C.L.¢. NO. ~'~ ~ A~ ~ P~L ~AY 24, ~ t~K ~1~ ~ NOV. 2, F~ATION L~ATION ~. 2~, 2004 ~ ~T~ ~ION H~ LI~ ~A~. ~, 2004 */~ ~,,~, ~. I"=~' ,~) ~ Dlt~. F~._OO4.~.OO'5_O4~2_l~Ta_pool New York State Office of Perks,'~lecreation and Historic Presen~ation Histodc Preservation Field Services Bureau Peebles Island, PO Box 189, Waterford, New York 12188-0189 518-237-8643 April 19, 2004 RECEIVED Naomi Brown NYSDEC Division of Environmental Permits SUNY Building 40 Stony Brook, NY 11790 APR 2 3 2004 %uthold Town Cled, Dear Ms, Brown: Re: DEC 1-4738-03262/00002 Rockcove Estates, East of Eden Pmparty Greenport, Town of Southold Suffolk Counb/, NY 04PR01750 Thank you for requesting the comments of the Office of Parks, RecreaUon and Histodc Preservation (OPRHP) with regard to the potential for this project to affect significant historical/cultural resources in accordance with Section 14.09 of the State Historic PreservaUon Act. OPRHP has reviewed the material you submitted and it is clear that this project is located in an extremely sensitive area for archaeological resources. As such, ORPHP recommends that the project area be subjected to Phase 1 archaeological testing. Please be advised that the entire Rockcove Estates project area is within an area idenUfied as archaeologically sensiUve on the New York State Archaeologically Sensitivity map, and as such the potential for impacting significant archaeological deposits should be considered under the State Environmental Quality Review Act (SEQRA). Therefore, we would recommend testing of the entire project area to insure that archaeological deposits are not adversely impacted. Please contact me at extension 3291, or by e-mail at douolas.mackev(~oorho.state.nv.us if you have any questions regarding these comments. ]~ly Douglas pHVlackey Historic PreservaUon Program Analyst Archaeology Southold Town Planning Board /_Ell~aEeth A. Neville, Town Clerk An Equal Opporlunlty/AffirmatJve Action Agency JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, l~r 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, N-Y Telephone: 631 765-1938 Fax: 631 765-3136 To: Ruth D. Oliv a, Chair Town of Southold Zoning Board of Appeals From: Mark Terry, LWRPCoordinator Date: June 27, 2006 Re: Senior Environmental Planner ZBA File #5912 (Seely) SCTM#1000-33-3-19.04 JUN 2 9 2006 The proposed action has been reviewed to Chapter 95, 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 INCONSISTENT with the denoted following LWRP recommendations and Policy Standards and therefore is INCONSISTENT with the LWRP. The proposed action is inconsistent with Policy 6 for reasons stated below. I Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed location of the pool and associated structures is +/- 66. from the top of bluff line~ a minimum setback distance of 100' is required pursuant to Chapter 97~ Section 97-12~ D. Note that the applicant does not show a pool de-watering drywell. In addition see grading prohibition clause in the Covenant and Restrictions attached. enc. CONSERVATION DISTRICT FAX:(631) 727-31~0 t UNTY OF SUFFOLK ,- . S~ve I~y SU~FFOI~ ~OUNTY EXECUTIVE JUL 1 2 2006 Thomas I. McMahon DISTRICT MANAGER ((x31 ) 727-2315 July 6, 2006 Ms. Ruth Oliva Chairwoman - Board of Appeals Town of Southold Southold Town Hall P.O. Box 1179 Southold, New York 11971~0959 RE: ZBA ~5912 Dear Chairwoman Oliva: As requested by your office, a site visit was conducted at t e~eely~operty (SC tax map ~ I000-33~3-19.4) in order to review the proposed pool installation. The follow'tr~e the observations and recommendations, as reflected from the site visit. Observations: The enclosed 2004 aerial photo presents a weD-wooded property. However the site visit revealed that the entire site (up to the edge of the bluff) was completely cleared of this vegetation and a house and landscaping have been constructed as shown on the site plan. The proposed pool is sited at the eastern property boundary between the rear of the house and approximately 66 feet from the bluff's edge. Photo 1 identifies the approximate location of the proposed pool in rehtion to the bluff. The house has been fitted with gutters, downspouts, and dry wells, which are effectively directing runoff into the ground. The entire area of the backyard including where the pool is proposed, slopes towards the bluff. Between the house and the bluff, is a sod lawn, a 34tot wide mulch bed, and a 254oot buffer of weedy vegetation, in that order. The lawn is serviced by a sprinkler imgation system, while drip irrigation is used on the mulched areas (photo 1 & 2). The buffer along the top of the bluff has not been landscaped, rather is has been left fallow and subsequently native and invasive herbaceous plants have revegetated this are~ Landscaping debris, in the form of grass clippings and branches have been disposed of in this buffer area (photo 1). The bluff is of moderate height (25-30 feet). Beach access is provided by a stairway on the eastern property boundary. An old road bisects the bluff horizontally creating a tiered bluff. The bluff face is in stable condition except for three small gullies located on the slope above the old road; two on the western side of the bluff and one on the eastern side of the bluff have overhanging lips of vegetation and vertical faces at the top of the bluff. A complement of flora including Bayberry, Beach grass, Seaside golden rod, Mutilflora rose and Rugosa rose fully vegetate the bluff with the exception of the gullies. The entire toe of this bluff is in stable condition. No bulkheads or hardening structures exist on this, or adjacent bluffs (photo 2-5). Recommendations: Currently, the majority of the bluff appears to be in stabile condition with the exception of the three small gullies. If no action is taken to stabilize the gullies, the erosion can magnify and spread to adjacent bluffs. Such unabated erosion can threaten structural stability of houses, stairways, pools, as well as the health of Long Island Sound and the bluff ecosystem. Therefore, it is essential to remediate the cause of these gullies and repair all of the erosion on the bluff, in order to prevent future damage. Runoff flowing over the top of the bluff is the expected cause of the gully erosion. The entire backyard area of the property slopes towards the bluff and no measures have been installed to prevent water from breaching the top of the bluff. Magnifying the potential for runoff is the use of both sod and a sprinkler irrigation system on the hwn and the clearing of the top of the bluff. The first step in remediating the gullies is to eliminate the catalyst of the erosion, i.e. runoff flowing over the top of the bluff. It is recommended to construct a berm at the base of the hwn. This will prevent runoff water from traveling down the bluff face and allow the water to naturally percolate into the ground. Specifically, the berm should be placed where the mulch area exists between the natural buffer and the yard and have a height of one foot with 3:1 side slopes. To stabili?e the berm, a rescue mix with annual rye should be established through seeding during the spring or fall months. Due to the shallow root system and high degree of water required for establishment, sod should not be used as a means to vegetate the berm. Respectively, the use of irrigation to aid in the grass establishment on the berm should be carefully monitored as over irrigation can contribute to runoff water. Mowing of the berm can occur but the grass should not be cut to a height any lower than 3 inches in order to prevent summer bum off. Once the berm is constructed, vegetated, and stabile, then the gullies should be repaired. The overhanging lip of vegetation on the top of the gullies should be cut back to a natural angle of repose. Then, the revegetation of the gullies should occur. 'Cape' American beach grass should be established along the extent of the gully. This grass serves as an effective sedinaent trap and erosion control measure due to plant density and its substantial root systems. 'Cape' American beach grass is a hardy native perennial, that thrives in Long Island's harsh conditions: doughty sandy soils, &: salt exposure. It is these characteristics that have extensively promoted the use of 'Cape' American beach grass to restore, create and protect bluff and dunes from both wind and water erosion. 'Cape' American beach grass is readily available fi:om nurseries and for best results should be transplanted when it is dormant; late fall, winter, or early spring months. This limits you to planting it during the months of December through March. Thus, construction and planting activities should be scheduled around this planting time to ensure successful vegetative establishment. The beach grass should be planted as three culms (plantlets) every 12 to 18 inches apart in a grid pattern (See enclosed planting guides for fertilization and additional information) and planting should occur from the top of the bluff to the toe. Although though walking on the bluff is generally not recommended it will be necessary in order to execute the planting. The long-term benefit of the planting outweighs the minimal erosion that will occur during the one day of planting. To increase diversity on the bluff and reduce the threat of disease, a warm season grass seed mixture should be broadcast on the slope just prior to planting the beach grass. Treading on the soft during planting of the beach grass will effectively ~plant" the seed and ensure good soil to seed contact. The seed mixture and complete method for planting the Beach Grass is listed with in the USDA Sembilization o£Ero~'~g BI~C£s document enclosed with this letter. Additionally, other low growing species (as already found on site) such as Black-Eyed Susan, Montauk Daisy, Virginia creeper, Beach Rose (Rosa ~r~rdca), Eastern Prickly Pear Cactus, Seaside Goldenrod, Golden Aster, Sweet Fern, and Beach Pea are strongly recommended. Once all of the above recommendations are implemented, the following preventative measures should be implemented to protect the bluff fi:om erosion. First, the 25-foot nauxral buffer area atop of the bluff should remain as is. It should not be cleared, no should any landscaping activities (planting or fences) be implemented within this area. This area serves to help absorb runoff from the yard and protect the top of the bluff from erosion and human activities. Any removal of the vegetation or further clearing of this area would compromise the stability of the bluff and may threaten the stability of the pool and house with a large storm event. Additionally, no debris, as found on the day of the site visit (lawn clippings, leaves, branches, etc.) should be deposited on top of or on the bluff face. This serves as a potential cause of erosion as it smothers the vegetation, which holds soils in place and adds weight to the bluff face. Such landscaping residues should instead be taken to the Town of Southold landfill for composting. Even with the installation of the berm, insurance should be taken to reduce the threat of runoff from the sprinkler irrigation system. Therefore, and equally important as all of the above recommendations, the irrigation system and it's operation should be evaluated in order to reduce the potential for breaching the berm and for runoff reduction. First, the sprinklers should be observed to ensure that they are not spraying over the berm during operation. If this occurs, the sprinklers shouM be adjusted, changed, or turned off to prevent runoff on the north side of the berm. to.3 .r,O Next, irrigation scheduling which takes into consideration the sod's water requirements (0.2 inches per day) and soil moisture should occur. Sod has a shallow root system and requires a significant amount of water not only for establishment but maintenance as well. Thus, irrigation systems servicing sod are routinely placed on a clock and irrigated regardless of plant requirements, soil moisture, and precipitation (is it raining?). This management practice often exceeds the soil's water holding capacity and creates runoff. Therefore, the use of a Watermark sensor, which monitors soil moisture, or a rain sensor which monitors precipitation is recommended in combination with a clock that is reflects the sods water requirements. As this is a residential area, humans, pets, and wildlife (deer) must be prevented, as much as practical, from traveling down the bluff face. The use of the adjacent stairway is highly encouraged, as bluff vegetation is easily damaged by foot traffic and is essential to holding soils in place. Therefore, no paths should be created down the bluff face to provide access to the beach as this would destroy vegetation, channel storm water runoff and cause soil erosion. Next, vegetation die off can from numerous causes: naturally, from deer wails, disease. Since vegetation is critical to bluff stability any vegetation die~off whether natural or human caused should be repaired (with the above planting recommendations) as soon as possible in order to prevent bluff instability. l~astly, as pools pose their own threats to bluff stability, the following are preventative measures, which should be adopted during pool installation and management. First, care should be taken to prevent compaction of the soil during construction. Soil compaction on construction sites is a common occurrence due to the weight of machinery and equipment constantly running over wet soil. Secondly, to protect bluff stability, construction equipment should not be allowed to travel near the bluff's edge. Finally, due to the close proximity of the house and pool to the bluff, and the slope of the yard, efforts should continually be made to protect the bluff integrity from pool water. Pool water should never be discharged directly on the ground, over the bluff face, or piped towards the bluff due to the erosive damage that such a large quantity of water could cause to the stability of the bluff. Therefore, dry wells/leaching basins should be installed during the construction of the pool to allow for proper disposal of pool water. As you already are aware, proper permits must be obtained before any restoration activities occur on a bluff. The New York State Dely, uunent of Environmental Conservation ((631) 444-0355 on Monday, Wednesday, and Friday), and the Army Corp. of Engineers ((212) 264~5489) should be contacted for the appropriate permit applications. We cannot stress this enough, as any construction that occurs without such permits can lead to hefty fines on the State and Federal level. As you are aware, bluffs are dynamic environments and erosion can occur at any time from natural processes and/or human activities. Albeit, the above measures can serve as a proactive means to usurp expensive and potentially irreparable bluff erosion. If you have any questions regarding our site visit and information provided, please do not hesitate to contact our office at (631) 727-2315 x3 between the hours of 7:30 a.m. and 3:30 p.m. Monday through Friday. Sincerely: Soil Disha'ct Tecl~cian N Town of S~uthold ZBA # Robert & Barbara 5O 100 200 Feet 2004 Aedal Photography ~ Suffolk County Soi~ and Water Conservation District - 423 Gfiffing Ave. Riverhead, NY 11901 /.~.~ June 22, 2006 Perspective Looking East Cleared bluff edge Recommended Berm siting House w/Gutters, downspouts, drywells Photo 2 Photo 1 Proposed Lawn Slope Town of $outhold ZBA/*5912 Seel5 1000-33-3- 19.4 Prepared by Polly Weigand So 1 and kX ate £ o ]se~ x at,on District Suffolk County ' ' Eastern bluff Gully erosion Western bluff Stairway Photo 3 Stable Toe Photo 4 Photo 5 Town of Southold ZBA #5912 Seely 1000-~_~-_*-1 ~.4 Prepared by Polly ~'eigand Suffolk Cou~lt) Soil and \Vatcr ('onserx ation District SENSOR INSTALLATION The sensor is 7/8" in diameter by two inches long and easily installed, The basic procedure is to make a hole with a 7/8" diameter md to the desired sensor depth. With coarse or gravelly soils, it is sometimes difficult to get a snug fit between the sensor and the soil. With this situa- tion, making an oversized hole (1 "-1 '/4") may be necessary. Then prepare a "grout" of the soil and ter and pour it down into the bottom of the hole, sh the sensor down to the bottom of the hole (a piece of 1/2" class 315 PVC can be solvent weld- ed to the sensor collar to provide a permanent stake). If the PVC is not left in place after sensor installation, carefully backfill the access hole to the sensor. Specific instructions are included with each shipment. SENSOR MAINTENANCE The sensor is manufactured from non-corrosive parts and lasts for years, Once the sensors are installed, there is no future need for maintenance. With permanent crops such as trees and vines, the sensors may be left in place all winter, provid- ing your cultural operations would not disturb ~.em. With annual crops, where field operations required, removal of the sensors prior to har- vest is a standard practice. If the sensors are removed, simply clean them off and store them in a dry area until spring. HOW THE WATERMARK WORKS The patented Watermark Sensor consists of two concentric electrodes buried in a special refer- ence matrix material that is held in place by a stainless steel case. The matrix material has been selected to reflect the maximum change of electri- cal re§istance over the growth range of production crops. Soil moisture is constantly being absorbed or released from the sensor. As the soil dries out, the sensor moisture is reduced and the electrical resistance between the electrodes is increased. This resistance is read by the Watermark Meter. The Watermark Meter, Model 30KTCD-NL, con- verts the resistance to centibars and gives a digital readout of soil water suction. It has the capability of inputting the soil temperature to compensate for its effects on the reading. This fine-tunes the data. If the sensor is being used with a data logging device, sensor excitation current is 5 VAC, 100 - 120Hz (square wave) and sensor output is 500- 30,000 ohms of electrical resistance which equates to 0-200 centibars of soil water suction (non-linear). YOU- THE MANAGER The concept of soil moisture measurement in managing irrigation schedules to meet crop "need" has been demonstrated for many decades. It's not just simply a matter of conserv- ing water and energy, although this has become a most critical factor. When you irrigate precisely, you can indeed achieve these savings, but the real bonus from good management comes in the area of better production and healthier crops for agriculture, and in the landscape environment by healthier, longer living ornamental plants and turf. These results however, are not achieved by guesswork: the key ingredient is YOU - The Manager! Tools such as the Watermark give you the extra advantage needed to be successful. Why not ask your irrigation advisor to help you add soil moisture measurement to your manage- ment program? RO. Box 2424 · Riverside, CA 92516 PHONE: (951) 689-1701 · FAX: (951) 689-3706 URL: http://www, irrometer, com E-MAIL: sales@irrometer, com #16 VATERI 4RI Soil Moisture Sensor For over sixty years, plant scientists and agronomists have verified the value of actual soil moisture measurement as the most effective method for precise irrigation scheduling. These in-field measurements allow an irrigation manager to know exactly how fast the soil is being depleted of moisture, and WHEN to initiate an irrigation cycle to replenish so# mois- ture for maximum plant growth. By obtaining soll moisture readings in di~ farent areas of the field, and at different depths in the root zone, the manager can also establish HOW MUCH water to apply, from experi- ence and go~d record keeping. This "Irrigation to NEED" results in: l Higher Crop Quality · Increased Crop Yields · Lower Water Costs · Lower Energy Costs · Prevention of Excessive Fertilizer Leaching WAI-ERMARI The Watermark is a solid state, electrical resis- tance type sensor, in use since 1985. Unlike oth- ers, the patented Watermark provides accurate readings from 0 to 200 centibam. This covem the entire soil moisture range required in irrigated agriculture, even in the heavier clay soils. They require no water or vacuum gauge and thus are MAINTENANCE FREE. The Watermark does net dissolve in the soil like a gypsum block. However, it does include internally installed gypsum which provides some buffering for the effects of salinity levels normally found in irrigated agricultural crops and landscapes. Because they are unaffected by freezing temperatures, Watermark sensors do not require removal during the winter months in cold climates. They can be used to automatically record and chart readings with the use of sophis- ticated data logging devices. In automated irriga- tion systems, the Watermark can be used to con- trol or interrupt irrigation cycles, which are not needed. WHAT THE READINGS MEAN The Watermark readings reflect soil water ten- sion or suction. The meter internally converts the electrical resistance reading of the sensors to this tension or suction value. This major physical fume of soil water is a direct indicator of how hard the plant root system has to work to extract water from the soil. The drier the soil, the higher the reading. By reading your sensors 2-3 times between irri- gations, you will notice the rate at which the soil is drying out. The "rate of change" is as impor- tant as the actual reading in determining when to irrigate to avoid moisture stress. (See Figure 2). Readings are best taken in the morning. The Watermark meter has a soil temperature com- pensation feature. This allows for greater accura- cy as electrical resistance readings vary 1% per degree Fahrenheit encountered in the soil. On a day to day basis, this will not have a major effect, but on a seasonal basis (spring vs. summer) it needs to be taken into account. DETERMINING "WHEN" TO IRRIGATE Figure 1 shows how variations in soil affect the ability of the soil to store water (water holding capacity). Heavier clay soils store much more water than sandy soils. But even more important, the plant cannot readily extract all of this stored moisture, only the "available" portion. The general rule of thumb is that irrigation should commence before you reach 50% of the "available" portion being depleted. From Figure 1 you can see what the soil moisture tension is at the 50% level of available moisture. Assuming your soil was of a medium type, this 50% level would occur at about 60-70 centibars. While determination of the proper irrigation point is largely dependent on soil type, you must also con- sider the crop and your irrigation method. Sensitive crops may require irrigation sooner, less sensitive crops may not need water until later. Surface irri- gation may allow you to apply water much more rapidly than a drip system, thus you need to con- sider how quickly your system can react in order to avoid moisture stress. (See Figure 2). FIGURE 1. I I 50 100 150 200 1500 WET DRY CENTIBARS OF SOIL TENSION DETERMINING "HOW MUCH" TO IRRIGATE Your own record keeping system, and experience with your crop, soils and irrigation method are essential with any good management system. With Watermark Sensors properly placed in both the top (e.g. 12") and bottom (e.g. 24") of the crop root system, your readings will tell you whether it is the shallow or deep moisture which is depleted. If your shallow reading is 60 and your deep lng is 10, you know you only need to enough water to rewet the top 12". If the readings are reversed, with 40 for the shallow and 60 for the deep, you may need to apply twice as much water. The local farm advisor or Soil Conservation Service can be of great help to you in determining your individual soils and how much water they store. This will help you use the Watermark Sensor readings to effectively control your irriga- tion scheduling and to prevent excessive leaching of plant nutrients. (See Figure 2). FIGURE 2, DRY 100 , Chariing of Readings s~ows I 90 When and How Much to ------ Shallow Reading I ~' 70 SHALLOW DE[P 10 L wEr 0 5 10 15 20 .25 ' 30 DAYS OF THE MONTH USDA NATURAL RESOURCES CONSERVATION SERVICE STABILIZATION OF ERODING BLUFFS II. The coastal shoreline is affected by many different forces and is exposed to many harsh conditions. A result of these forces and conditions is erosion. Bluff erosion is a natural process that can be slowed but not stopped. Houses and structures built on the top of these bluffs are at risk from erosion. Some areas along the coastline may experience accelerated rates of erosion due to factors such as winter storms and extreme high tides. That erosion will occur can be predicted but when it wilI occur cannot. The erosion of high sandy bluffs along coastlines has challenged conservationists since they were first observed. Typical of such bluffs are those along the north shore of Long Island. The soil material is sandy and erosive, easily moved by wind or water. Bluffheight varies from a few feet up to well over one hundred feet. The slope is usually about 1:1, or at whatever angle the material is stable. They may appear as shown below. SLOPING THE WRONG DIRECTION .//OVER HANGING LIP ~ A REMNANTS OF OLD ~/ / VEGETATION, BOULDER, ETC. ~/ UNVEGETATED SLOPE HIGH TIDE Typical characteristics of eroding bluffs. Numerous attempts have been made by landowners to stabilize the slopes. Only a few have succeeded. No procedure can guarantee a permanent solution, but some have significantly slowed erosion over several years. From these, it appears the following is essential: Do not allow surface water to go over the top of the slope. Remove the overhanging lip at the top of the slope. Any trees along the top edge and on the bluff face should be cut off'at the base. Trash, sass clippings, leaves and branches should be removed from the bluff face. WATER DIVERTED AWAY FROM SLOPE OVER HANGING LIP REMOVED WELL VEGETATED SLOPE WELL VEGETATED TOE NORMAL HIGH TIDE Typical of procedures that have had a desirable effect on slowing bluff erosion. Vegetate the slope. A. Use 'Cape' American beach~ass for this, transplanted in the late winter or early spring. Place one 35mm film canister of Osmocote slow release fertilizer into each planting hole and then plant three stems or culms per hole, each hole should be 12-18 inches apart. B. Another way to add diversity to the bluff planting would be to hydroseed or broadcast the following warm season ~ass mixture immediately prior to planting the 'Cape' American beachgrass. Spreading the seed prior to planting the beachgrass causes the incorporation of the seed as the beachgrass is planted, due to foot traffic and sand disturbance. This is critical to a good seed catch. The warm season grass mixture consists of: 'Blackwell' switchgrass 'Atlantic' coastal panicgrass 'Niagara' big bluestem 'Aldous' or 'Camper' little bluestem 'NE-27' Sand lovegrass 'Golden Jubilee' blackeyed susan 'Goldstrike' sand bluestem KY-31 tall fescue 4 PLS lb/Ac 5 PLS lb/Ac 5 PLS lb/Ac 3 PLS lb/Ac 3 PLS lb/Ac 1 PLS lb/Ac 5 PLS lb/Ac 10 PLS lb/Ac (Rates are in Pure Live Seed Pounds Per Acre) Adapted shrubs and vines can be added when the slope is well stabilized with grass. Species include Bayberry, Rugosa rose, and Beach plum. Keep all trees pruned to shrub height on the slope. Maintenance of the vegetated slope will be required on a continuous basis. Remove debris from planted areas; keep all water diverted from the slope; do not over-irrigate the lawn above; avoid excessive foot traffic and repair any damaged or eroding areas. 6. Apply 40 lb/Ac of nitrogen in June ifbeachgrass vigor is declining. A Directory of GRASSES FOR COASTAL AREAS SELECTED HERBACEOUS PLANT MATERIAl, NAME TYPE MATERIAL VARIETY American beachgrass plant (Ammophila breviligulate) 'Cape' Bermudagrass seed 'Quickstand' Bluestem. Causasian seed (Bothriochloa caucasicus) Common Bluestem, big seed (Andropogon gerardi) seed 'Bison' 'Champ' seed 'Kaw' seed 'Niagara' seed 'Pawnee' seed 'Roundtree' Bluestem, little seed (Schizachyrim scoparius) seed 'Aldous' 'Blaze' seed 'Camper' seed 'Cimarron' Cordgrass, saltmeadow (Spartina patens) plant 'Avalon' Cordgrass, smooth (Spartina alterniflora) plant 'Bayshore' SOURCES 4, 8, 9, 10, 12, 13, 14, 15, 18, 20, 22, 23, 29, 30, 32, 42, 44, 46, 47, 51, 61 39 54 24 57 6, 45, 54, 57 24, 54, 6, 24, 45, 57 6, 24, 45, 54, 57 6, 24, 45, 57 24, 45 6, 24, 45, 57 54, 57 4, 15, 16, 18, 29, 30, 36, 47, 61 4, 15, 16, 30, 47 -2- Gamagrass, eastern seed (Tripsacum dactyloides) Lovegrass, sand (Eragrostis triehodes) seed Lovegrass, weeping (Eragrostis curvala) seed Paniegrass, coastal seed (Panicum amarum var. amarulum) Switehgrass seed (Panicum vargatum) seed seed seed seed seed seed seed ' Pete' Common Common 'Atlantic' 'Blackwell' Cave-in-Rock 'Dakota' ' Forestbu rg' 'Nebraska 28' 'Pathfinder' 'Shelter' 'Trailblazer' 54, 57 6, 24, 45, 54, 57 3, 57 4, 7, 19, 24, 33, 34, 61, 62 24, 45, 54, 57 24, 45, 54, 57 45 45 45, 57 45 24, 54 45, 57 REFERENCED DEALERS OF HERBACEOUS PLANT MATERIAl, o Agri-Culver 3900McIntyre Trumansburg, NY14886 (607) 387-5788 Appalachian Nurseries P.O. Box 87 Waynesboro, PA 17268 (717) 762-4733 Beachley-Hardy Box 336 Camp Hill, PA 17011 Benedict Nurseries (Glen Jr.) Box 347-A Pemberton Drive Salisbury, MD 21801 PH: (410) 228-2540 (410) 742-2266 Blacldedge Nursery Rt. 354 Salem, CT 06415 PH: (230) 859-2428 Bluestem Seed Co. (George Gates) Rt. 3, Box 32 Grant City, MO 64456 PH: (816) 786-2241, (913) 642-7106 Bob Turner Seed Co. Rt. 1, Box 292 Breckenridge, TX 76024 PH: (817) 559-2065 (800) 722-8616 Bozard, Norman 221 Foster Road Orangeburg, SC 29115 Brievoge, Carl 54 South Road, P.O. Box 241 Falmouth, MA 02540 PH: (508) 457-9695 10. 11. 12. 13. 14. 15. 16. 17. Bunting, Greg Cape Farms RD gl, Box E 134A Lewes, DE 19958 PH: ((302) 945-1840 C.P. Daniel's Sons P.O. Box 119 Waynesboro, GA 30830 PH: (404) 554-2446 Carpenter, Don Carolina Seacoast Beach Plants P.O. Box 1194 Morehead City, NC 28557 PH: (919) 240-2415 Church's Greenhouse & Nursery 522 Seashore Road Cape May, NJ 08204 PH: (609) 884-3927 Clarkson, Phil P.O. Box 357 Tuckahoe, NJ 08250 PH: (609) 628-24-6 Coastal Nurseries, Inc. Arnold Clemenson P.O. Box 42 Mauricetown, NJ 08327 PH and FAX: (609) 476-3903 Coastal Wetlands Nursery, Inc. James Stover P.O. Box 1018 Gloucester Pt, VA 23062 PH: (804) 693-2619 Crowshaw Nursery P.O. Box 339 Columbus, NJ 08022 PH: (609) 298-0477 18. 19. 20. 21. 22. 23. 24. 25. 26. Cullipher, Louis 1449 Princess Anne Road Virginia Beach, VA 22456 PH: (804) 426-2212 D.W. Moore 306 Pave Street Cheraw, SC 29250 Dubreville, Steve & Phil Old Cellar Creek Farms 801 N. Shore Road Beeselys Pt., NJ 08223 PH: (609) 390-0806(Phil) Ecoscience Nursery RR 4, Box 4294 Moscow, PA 18444 PH: (717) 842-7631 Edwards Nursery Curdett Farm Road P.O. Box 307 Macclesfield, NC 28752 PH: (919) 827-4518 Environmental Concern P.O. Box P St. Michaels, MD 21663 (410) 745-9620 Ernst Conservation Seeds 9006 Mercer Pike Meadville, PA 16335 PH: (814) 425-7276 (800) 873-3321 Fine, Harold 24 Smith Street Rehoboth, MA 02769 PH: (508) 222-3477 Forest Claudill 1201 Story Avenue Louisville, KY 40406 -2- 27. 28. 29. 30. 31. 32. 33. 34. 35. Forrest Keeling Elsberry, MO 63343 PH: (314) 898-5571 Gamagrass Seed Co. Rt. 1, Box IliA Falls City, NE 68355 PH: (402) 245-5842 Goldsmith, Wendi Bestman Green Systems 7 Mall Street Salem, MA 01970 PH: (508) 741-1166 H.R. Talmage & Son Att: Ellen Talmage-Friar's Farm 26 Sound Avenue, RFD #1 Riverhead, NY 11901 PH: (516) 727-0124 Hanchar, Frank Rd 1, Box 118 Mahaffey, PA 15757 PH: (814) 277-6674 Harper, William Route 1, Box 244 Rhodesdale, MD 21659 PH: (410) 943-4173 Horticultural Systems, Inc. Otto Buudy P.O. Box 70 Parrish, FL 33564 PH: (813) 776-1760 Indigo Marsh 2236 Iseman Road Darlington, SC 29532 PH: (803) 395-0420 Kester Nurseries P.O. Box V Omro, WI 54963 PH: (414) 685-2929 37. 38. 39. 40. 41. 42. 43. 44. 45. Knezick, Don Pinelands Nursery RR 1, Box 12 Island Road Columbus, NJ 08022 PH: (609) 291-9486 Lake Country Nursery Box 122 Perry, OH 44081 PH: (216) 259-5571 Lawyer Nursery 950 Hwy. 200 West Plains, MT 59859 PH: (406) 826-3881 Mid-Tennessee Turf PH: (615) 728-0583 Musser Farms P.O. Box 340 Indiana, PA 15701 PH: (412) 465-5686 Newsom Seeds, Inc. 14 Derwood Ci. Rockville, MD 20850 PH: (301) 762-2092 Norwood, Ben, c/o Norwood Farms 508 Cedar Avenue McBee, SC 29191 PH: (803) 335-5522 Octoraro Nurseries P.O. Box 24 Oxford, PA 19363 PH: (215) 932-3762 Ord, Judy 1145 Fathom Road Manahawkin, NJ 08050 Osenbaugh Grass Seeds RR I, Box 106 Lucas, IA 50151 PH: (515) 766-6476 -3- 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. Parfyka, Jack 97 Heaton Orchard Road West Kingston, RI 02892 PH: (401) 789-8187 Peat & Sons 32 Old Country Road Westhampton, NY 11977 PH: (516) 288-3458 Pike's Peak Nursery RD 1, Box 75 Penn Run, Pa 15765 PH: (412) 463-7747 Piue Grove Nursery RD 3 Clearfield, PA 16830 PH: (814) 765-2363 Pinelands Nursery 323 Island Road Columbus, NJ 08022 Pit: (609) 291-9486 Seabury Farm 2560 Main Street West Barnstable, MA 02668 PH: (508) 362-4595 Seed, Inc. 307 Horsham Road Horsham, PA 19044 PH: (215) 675-2186 Seedway Box 250 Hali~, NY 14463 PH: (716) 526-6391 Sharp Brothers Seed co. Rt. 4, Box 237A Clinton, MO 64735 PH: (816) 885-7551 Sheppard Farms Clifton Hill, MO PH: (816) 261-4567 57. 58. 59. 60. 61. 62. 63. -4- Southern Tier P.O. Box 550 Portville, NY 14770 PH: (716) 933-6169 Stock Seed Farms RR 1, Box 112 Murdock, NE 68047 PH: (402) 867-3771 Sylvia Native Nursery RD 2, Box 1033 New Freedom, PA 17349 Pl~: (717) 227-0486 Valley Seed Co. Sugarloaf, PA 170Il PH: (717) 788-3338 Van Pines Nursery West Olive, MI 49460 pl~: (616) 399-1620 Walpole & Legare Turf Farm 2442 l~anscombe Road Johns Island, SC 29455 PH: (803) 559-0763 Walters, Bill (Turner Seed & plants) RD 1, Box 197 Greenwood, DE 19950 PH: (302) 349-4478 Waynesboro Nurseries P.O. Box 987 Waynesboro, VA 22980 Pl~: (703) 942-4141 NURSERY CODES AND ADDRESSES Updated May 2002 AR BS CG CR EC HR MA MS Arrowwood Nurseries, Inc. 870 West Malaga Road Williamstown, NJ 08094 Bissett Nursery Corporation PO Box 386, 323 Long Island Avenue Holtsville, NY 11742 Country Gardens Nursery 4220 Old Country Road Eastport, NY 11941 Crownsville Nurseru PO Box 797 Crownsville, MD 21032 Environmental Concern Inc. 201 Boundary Lane PO Box P St. Michaels, MD 21663 HR Talmage & Son Friars Head Farm 2975 Sound Avenue Riverhead, NY 11901 Marder's Nursery PO Box 1261, Snake Hollow Raod Bridgehampton, NY 11932 Martin Viette Nurseries PO Box 10 - Route 25A East Norwich, NY 11732 County Road 25 Jamesport, NY 11947 Contact: Phone: Contact: Phone: Contact: Phone: Contact: Phone: Contact: Phone: Contact: Phone: Fax: Contact: Phone: Fax: Contact: Phone: Fax: Contact: Phone: Joe Arsenault (856) 875-4889 Bill Weissmiller (631) 289-3500 Brad (631) 325-2723 (631) 325-1522 (410) 849-3143 Ed Garbisch (410) 745-9620 (410) 745-3517 John Clair (631) 727-0124 (631) 727-0326 (631) 537-3700-1 (631) 537-5004 (631) 537-7020 Doug Ackerley (516) 922-5530 (516) 922-3801 (631) 722-8120 NURSERY CODES AND ADDRESSES Updated May 2002 NG PI PN PR WE Native Gardens 5737 Fischer Lane Knoxville, TN 3774 Pinelands Nursery RR1, Box 12, Island Road Columbus, NJ 08022 Prairie Nursery PO Box 306 Westfield, WI 53964 Princeton Nurseries PO Box 191 Princeton, NJ 08545 Wild Earth Native Plant Nursery 22 Conover Street Freehold, NJ 07728 Contact: Phone: Contact: Phone: Fax: Contact: Phone: Fax: Contact: Phone: Fax: Contact: Phone: Meredith Bradford & Ed Clebsch (865) 856-0220 Don Knezick (609) 291-9486 (609) 298-8939 (608) 296-3679 (608) 296-2741 Bill Flemer, IV (609) 924-1776 (609) 924-8597 (732) 308-9777 New York and Comell Cooperative Extension of Suffolk County Marine Program American Beach Grass Introduction Maritime beach communities are found above the mean high tide line. Wind erosion and storm waves shape these communities. Plants that grow there need to be tolerant of dry and salty conditions and of the constant burial by shifting sand. The most common plant species found in the maritime beach is American beachgrass (Ammophila breviligulata). American beachgrass is able to live in this very hot and salty environment characterized by coarse sand, little organic matter and almost no water. American beachgrass does not only grow on dunes by the ocean, it can be found on beaches along the bays, harbors, and at the base of bluffs along Long Island Sound. Given its dense root structure and ability to grow through accreting sand,American beachgrass helps in the formation of dunes. Dunes play a very important role in protecting the coast, by buffering incoming waves. Although American beachgrass is adapted to life in a tough environment, it can not withstand people walking on it. Once the American beachgrass starts to die off, the stability of the dune is threatened. Dunes are also affected by natural forces such as storms and floods. Planting American beachgrass can restore damaged dune systems. New York's Sea Grant Extension Program provides American Beachgrass Characteristics American beachgrass has a range that extends from New England to North Carolina. It has the ability to continue to grow even as nature buries it with sand. As the grass captures sand that winds blow across it, dunes are built. The grass responds to being buried by sending up a new rhizome (underground stem). From the new rhizome, a new shoot forms. The rhizomes also help the plant spread horizontally up to 6'-10' annually. American beachgrass grows up to 2'-3' tall. The plant does produce a seedhead and seeds, but much of the spreading is through the rhizomes. Seedlings have a tough time getting established in a hot, dry environment. American beachgrass grows to 2'-3' tall American beachgrass is easily planted by hand, American Beach Grass Planting Tips American beachgrass conies in more than one variety. The variety recommended by the United States Department of Agriculture Natural Resources Conservation Service for our area is called "Cape." Some Long Island nurseries are propagating beach grass from our Long Island dunes. Some groups feel it is better to use beachgrass from this local source. The United States Department of Agriculture Natural Resources Conservation Service offers this advice: O Plant strips of beachgrass parallel to the coastline. It is easily done by hand. The row closest to the ocean should be at least 100' above the mean high tide line. Mong the ocean, ff space permits, plant a 40'-50' wide strip, but no less than 20', and 10 rows deep. This permits the planting to trap blowing sand, and to build a dune. ~ American beachgrass can be planted from October 15th to March 31st in the Mid-Atlantic, as long as the sand is not frozen. ~ Plants and roots must be kept moist before and during planting. Try using wet burlap. On most sites, the recommended plant spacing within a row is 18". Where erosion is severe, decrease the spacing to 12" apart. O Plant two 18"-24" stems in a hole, approximately 7"-9" deep. {} Stagger the rows. An 18' by 18' spacing requires 38,000 culms or stems per acre, or 889 culms per 1,000 square feet. ~ Compact the sand firmly around the plants. O Beachgrass should be fertilized. Broadcast fertilizer over the planting at a rate equivalent to 1.4 pounds per 1,000 square feet. Fertilizer should be applied 30 days after the planting date, but not beforeApril 1st. ~ Protect your new planting from foot/vehicle traffic by placing snow fencing around it. Step I Step 3 New York and Cornell Cooperative Extension of Suffolk County Marine Program Obtaining Help It's a good idea to obtain some professional advice before implementing a beach grass planting. Good sources of help are: Corned Cooperative Extension of Suffolk County Marine Program, 3690 Cedar Beach Rd., Southold NY 11971 516-852.8660 New York Sea Grant Extension Program, 3059 Sound Ave., Riverhead, NY 11901 516-727.3910 USDA Natural Resources Conservation Service, Riverhead County Ctr., Room N-210, Riverhead, NY 11901 516-727.2315 These three organizations Step 2 ga 'nt New York and Comell Cooperative Extension of Suffolk County Marine Program Native Grasses Coastal grasslands are critical habitat for many rare and endangered species, which is why it is important to restore native grasses. Maritime grasslands are found within the coastal zone, where the), are ilffluenced directly by spray from the ocean and strong onshore winds. The grasshopper sparrow (Ammodramus savam¢arum), the upland sandpiper (Bartramia longicauda), and the northern harrier (Circus cyaneus), ali rely on coastal grasslands. Other species like theAmerican Kestrel (Falco sparverius), rough-legged hawk (Buteo logopzis), red-tailed hawk (Buteojamaice;zsis), common barn owl (Tyro alba), and flue bobolink (Dolichonyx or.)~ivorus) depend on grasslands for feeding. Development has been the most significant threat to coastal grassIands, and much of this once extensive habitat has been lost. Invasive, exotic species have degraded coastal grasslands, and the fire needed to maintain them has been suppressed. Grasses are divided into two main categories, cool season and warm season. Cool season grasses produce most of their growth during the spring and late fail when soil and air temperatures are cooleL Most of the commercially available turf grasses used in the northeast are introduced cool season grasses. Warm season grasses produce most of their growth during the hot summer months from July through September. They survive and adapt better than cool season species under conditions of drought and heat. The abiliW of warm season grasses to remain standing through the winter provides better nesting and winter cover than cool season grasses. Little bluestem, indiangrass, and switchgrass are among the characteristic warm season grasses native to this region. The term native is used here to mean grasses indigenous to the region at the time of European settlement. Due to the recent interest in growing native, warm season, coastal grasses, the availabiliW of local and adapted species is increasing. We have selected three species of grasses for you to tryA]l of these are common inhabitants of coastal e~,.vironments and are easily propagated. They are lit*de bluestem (Schizachyrium scopariu=~O, indiangrass (Sorgbastrum nutans), and switchgrass (Panicum virgatum). Since grasslands often have diverse wildflower communities as well, we are also snggesting you try planting seaside goldenrod (Solidago sempervirens). 1 Little Bluestem turns orange in the fsll, / out These Species Little Bluestem Litde bluestem is a native, perennial grass, which grows from i to 3 feet tall, in tufts or clumps. Its dense root system can reach 8 feet deep. Because it is quite drought tolerant and can withstand occasional flooding in coastal areas, it is commonly used on beaches for holding sand. In the fail it turns orange. For that reason it is s~me- times used as an ornamental grass in home landscapes. It tolerates salt spray and wind, as well as dry conditions and poor soil. As a warm season grass it begins grovah in late spring and continues through the hot summer period until the first killing frost. Basal shoots are bluish colored, hence the name. Indiangrass Indiangrass is native throughout the east, but not as common as bluestem. It is an excellent grass for use as food and cover for wildlife. It reaches a mature height of 3- 8 feet. The blue green leaves are attractive -- they are long and stiff, and produced in dense clumps. Like other warm season grasses, it turns a nice bronze color in the fall. It too is used as an ornamental grass in home landscapes. The flower head can be 8-12 inches in height. Although it grows best in deep, well-drained floodplain soils, it is highly tolerant of poorly to excessively well-drained soils. Indiangrass reaches a height of 3'-8'. Switchgrass Switchgrass is found in prairies, open woods, and brackish marshes. It does well at the seashore. Song and upland game birds will feed on switchgrass seeds. It provides excellent spring nesting habitat. Switchgrass grows to heights of 3-8 feet. Leaves are 1-2 feet long. Like other warm season grasses, it produces cinmps or bunches. It adds interest to winter gardens, and is planted as an ornamental for its shape and fall color. Seaside Goldenrod Seaside goldenrod is a showy plant in the dunes and along marsh borders. It has d/bright yellow flowers in the fall. It is a smooth-stemmed goldenrod, nsually 1-3 feet ,. in height. It is typically found along the borders of marshes. The t3.~e of planting chosen will depend on the scale of the project. For smaJJ-scale projects, it may be simpler to use grass plants rather than seed. ~e cost of using plants gets prohibitive in large-scale projects. Grass plants come in flats like those in which you buy other flowers and vegetables for your garden. It is also possible to buy large, individual grass plants in quart or gallon containers for ornamental land- scape accent purposes. Some companies ship grass plants bare root, in the dormant stage. If bare root plants are purchased, be sure to keep the roots moist until plant- ed (stick them in a bucket of water, or wrap the roots in a wet paper towel) or heel them into the garden soil for a day or two. It is best to plant grasses in the early spring, so that they can become established before the heat of summer. Grasses like full sun! They may require some irrigation for a short period of time; however, they require little maintenance once established. The planting site will have to be prepared before planting time. If the area currently supports cool season turf species, you will need to remove them. This can be done with hand tools for a small area; for larger areas a sod cutter can be used. The sod should be dug or cut and can be composted. Sod cutters are available for rent in many locations. Covering an existing lawn with black plastic mulch is a good way to kill fast-growing grasses that would otherwise compete with your native slow- growing grasses. It may take several weeks for the grass to die. A site can then be roto-tilled. Roto-tiliing needs to be repeated several times to kill new plants that spring up on their own. If the site has quack grass or other plants with rhizomes, roto-tilling will not kill them. In some locations, it may be necessary to use a chemi- cal herbicide to kill existing vegetation at the site. New types of herbicide are avail- able that break down quic!dy, and are not persistent in the landscape. Before using an herbicide, one should contact CornelI Cooperative Extension Agricultural Program for advice. Putting grass plants in the ~ound is not much different from planting any plant. Dig a hole large enough to accommodate the length of the roots and the width of the plant. If the grass plants are bei~qg taken out of fiats or other containers, check to see if the roots have become root bound, or tightly wrapped around themselves. Lf so, gen- tly break them apart before planting. Be careful not to plant the grass too deep. The crown of the grass plant should be level with or slightly higher than the soil level. Firm d~e soil around d~e plant with your hands, and water quickl~ Adding mulch around the plant will help keep it moist. Spacing of 18 inches between plants is one guideIine. Another is to space the plants as far apart as their expected height when mature. Stagger the plants for a more natural effect. For larger projects, it is probably more cost effective to start native grasses using seed. Native grass seed is very fine. The seeders used to plant cool season grasses do not work well with w~m season grasses. Seed drills are used with warm season grasses. Seeds need to be 'drilled' into the gronnd, about g inch deep. Competition from cool season grasses and weeds is a major cause of failure for this Pl'pe of pro- ject and they must be controlled. For a small-scale seeding project, it is possible to sow by hand. Sowing is done in the early spring. Seed should be mixed with a damp 'extender' such as sawdust or KittT Litter. The normal ratio is four pounds of extender to one pound of seed. Seed should be broadcast in the patterns of a tic-tac-toe board, first in parallel rows, then in new rows crossing the first ones perpendicularlj~ The extender helps you see where the seed has landed. A guideline is one pound of seed per one thousand square feet. The seed should be raked into the soil to a depth of about g inch, and then the soil should be roiled with a water-filled lax~m roller. Warm season grasses germinate and grow slowljc Seeded areas will need to be kept moist by regular irrigation. It usnally takes m~o years before the grass looks good and fills in. The major challenges are the cool season grasses and aggressive weeds that will grow faster than the warm season grasses. These competitors will have to be cut. Setting ~'.e !awn mower blade tail enough to cur *&e weeds, while not cutting the warm season grasses will allow you to accomplish this. Youth groups and em, ironmental organizations should probably' not attempt to establish larger areas of native grasslands without professional guidance and the proper equipment. A good place for guidance is the United States Department of Agriculture Natural Resource and Conservation Service office in Riverhead (See 'Obtaining Help' on page 4, for address and telephone number.) Once established, warm season grasses need maintenance. Historically; in natural ecosystems, periodic fires kept shrubs and trees from invading grasslands. Fire is still one of the tools resource managers use to maintain native grasslands. Fortunatel3; for restoration efforts, warm season grasses can also be main- tained by periodic mowing. Song and gan~e birds feed on SwitohgrAss.o Seaside Goldenrod is thick stemmed. Native Grasses Planting Seaside Goldenrod Seaside goldenrod is easy to grow in ~all sun or light shade. It will grow in ordinary soil, but will also grow on sand dunes. It is quite dronght-resistant. In the fall, Monarch butterflies are often seen visiting seaside goldenrod. Try planting it along the borders of your grassland planting. It typically comes in a container as an individual plant. As described with the grasses above, remove it from the container, loosen the roots, and place it in a hole that allows the roots to spread out. Be careful to plant the seaside goldenrod level with the soil line. Irrigate and mulch after planting. Sea'ut New York and of Suffolk County Marine Program OtEer Resources East Coast Seashore Gardening with Native Plants R. Marilyn Schmidt. Pine Barrens Press, EO. Box 305, Barnegat Light, ?'~1 08006 Long Island Native Plants fi)r Landscapi~zg.'A Source Book Karen Blumer, 1990. Growing Wild Publications, PO Box 275, Brootdaaven, NY 11719 516-286-0097 Native Plants Naturally Available.from Talmage Farm 2975 Sound Avenue, Riverbead, NW 11901 516-72%0124 Taylor's Guide to Orname~ztal Grasses Roger Holmes, Editor. 1997. Houghton Mifflin Company Boston, ~krLA Vegetatbzg with Native G;'asses h~ Nortloeastern North America USDA Natural Resources Conservation Service Plant Materials Program (and additional fact sheets on native grasses) See local contact at right Side bar Obtaining Help For more information and local suppliers of nalh,e grasses, contact: Cornel[ Cooperative Extension of Suffolk County Marine Program, 3690 Cedar Beach Rd., Southold NY 11971 51B-~52-8660 New York Sea Grant Extension Program, 3059 Sound Ave,, Rlverhead, NY 11901 :~16-727-3910 New York's Sea Grant CONSERVATION PLANTs FOR THE NORTHEABTERR UNITED STATES USDA - NATURAL RESOURCES CONSERVATION SERVICE CONSERVATION PLAJ~T SHEET NE-41 May Court House, NJ. Planting stock of 'Wildwood' and co~on bayberry can be obtained through numerous native plant nurseries. BAYBERRY (Myrica p~nsylvanica Loisel.) NRCS Plant Symbol: MI~p~ E2 Plant Tvq~ Native, ~diu~n IlzQd shrub of coastal backdunQs Uses: Colonies of this salt spray tolerant shrub provide excellent secondary stabilization and cover to the back dune areas of the mid- Atlantic coastline. Bayberry is used effectively in hedges, wildlife borders, end on road banks. Because so~e leaves remain on the plant throughout ~ost of the winter months, it provides year-round shelter for source for swallows, migrating south along the mid-Atlantic coast. These fruit ara retained on the plant wmll into winter above any accumulated snow, making th.m readily available for bobwhite quail, The highly scented fruit of bayberry was a source of waK for early settlers in A~erica. This scent is still used in candle making. The aro~natic fruit laden branches, bare of leaves, have often been utilizsd for residential decoration in fall and winter. ~RCS Practice AmD~lcatigR~ Critical Area Planting (342), Wildlife Upland Habitat Mgt. (645). DeacriDtion~ Bmyberry is an upright dioecious ~hrub, which is typically 5 to 8 feet in height, e~cept on sand dunes and poor quality sites. Re~lona~ W~t~D~ Statu~, FAC V~rieties and $ourcgs~ Only one cultivar of bayberry has been developed~ 'Wildwood'. This cultivar was developed and released by the Ca~ May PMC in 1992. It is tbs product of open crossing of four native selections of the mid-Atlantic region. Foundation seed and breeders stock plants can be obtained by nurseries f~om the Cape May PMC, in Cape ~~ Bayberry is a native of the eastern coastal zone. Although adapted to a variety of soil conditions, it p~rforms bast on light textured soils. It naturally spreads to bare soil areas of sandy soils , but not into sod or cultivated sites. As one travels south in baybarry'e native range (south of Delaware) its do~inance ia given up to another species, wax myrtle (Myrics cerifara). This species is similar in appearance, but has smaller fruit and narr~w~r elongated ~l Due to bayberry's intolerance to eo~ting vegetation, othQr vegetative cover must be re~oved or controlled prior to planting. One or two year old nursery grown bare-root or containerized seedling stock Bhould ba used for all purpo.as. Mulching around newly established g~edling. aids in ~lsture retention and weed control. TO assure seed production, both staminate and pistillate plants must be mstablished in clogs proximity to one another. Unfortunately seedling lex can not be dete~lned before planting, so several seedlings should be planted in the foot spacing~. For roadtlde plantings, establish at three foot spacings. Fertilization on mo.t sitQ. I. n~t necessary, and often will Seedlings ar~ ~asily produced on raised bed. in fall, onc~ the ~o£1 quality seedlings. September 1996 CONSERVATION PLANTS FOR THE NORTHEASTEP, N UNITED STATES USDA - NATURAL RESOURCES CONSERVATION SERVICE CONSERVATION PLANT SHEET NE-75 BEACH PLUM (Prunus maritima Marsh. ) NRCS Plant Symbol: PRMA2 Plant TYT~= Native, coastal sand dune shrub Uses~ Beach plum is most useful in the secondary stabilization and restoration of coastal sand dunes. On Cape Cod, MA efforts are being ~mde to develop and pro, ore the co~u~ercial fruit production of this native plum. This native shrub is utilized by coastal wildlife. NRC$ Practice AD~licatiossl Critical ~.rea Planting(342), Hedgerow Planting (422), Recreation Ares Improvement ( 562 ). ~~ On sand dune~ beach plum will reach heights of 4 to 7 feet; but ~ove this species inland, and it can attain heights from 16 to 18 feet tall. When maximu~ heights have been reached, stem diameter will range from 4 to 8 inches at the root collar. The root system penetrates deep into the s0il, and as lower branches are covered by shifting sands advantitioue roots develop. Colonies formed from this layering effect can expand up to 20 feet. The egg shaped leaves of beach plum are simple, firm, alternate, and dull green; they are rough and ridged above, paler and finely hairy beneath. The leaves are half as wide as they are long, measuring i 1/2 to 2 1/2 inches long; each leaf is attached to the branches with a stout, hairy, often granular stalk. They are finely serrated, with broadly triangular to semi-circular shaped, abruptly pointed teeth. In April to early May, flowers emerge prior to leaf-out. Each snowy white flower measures 1/4 bo 1/2 inch across, with very hairy stalks and sepals. Flower~ develop in axillary clusters of two or three. After pollination occurs by bees or wind the flowers become pinkish in color. The edible fruit which develops is round and 1/2 to 3/4 inches in diameter. The color may vary from a purplish-black to red; there are so~e plants which produce yellow fruit. The fleshy fruit's surface is covered with a tough skin which has a heavy, white waxy residue. Each fruit contains a sing!~_ stone type seed which is egg shaped, s~,~llen, and truncate at the base. Reaional Wetland In~icator Sta~U~:' Yarieties and $ourgg~ There is one variety available on the commercial nursery market for Conservation usel, it was named 'Ocean View'. This cultivar was developed and released in 1992 by the Cape May Plant Materials Center, in Cape May Court House, NJ. Foundation seed and orchard stock can be acquired fr~m the PMC by co(=~er¢ial producers. stock material of locally collected sources can be purchased from nurseries. ~~ Although indigenous to the mid-Atlantic coastal region, it has been planted successfully on more inland sites. It is well adapted to droughty sites with moderately fertile, slightly acidic, loamy end sandy soils. Beach plum does not perform well on heavy clay soils, but will tolerate moderately well drained conditions. Establishment! Quality seedlings are easily produced in nurseries on raised beds. Fall sowing works best to utilize natural stratification forces to break seed dormancy. If spring sowing is selected, the seed must be exposed to a cool moist stratification for at least 30 days, prior to planting. Due to the expansive root system which rapidly develops, seedlings are distributed as 1/0 bare-root or containerized stock. Controlling competing weeds through the establishment ~riod is critical to good survival and performance of the seedlings. Mulching, hand cultivating, and no fertilization for the first year or two are the most effective means of avoiding weedy growth. Application of fertilizer can initiate excessive growth ofcompeting grasses. Once this shrub is established it requires little or no maintenance. Management: Chemical control of mildew and aphids is sometimes necessary with beach plum, if an infestation becomes excessive. Septmmher 1996 CONSERVATION pLaNTS FOR THE NORTHEASTERN UNITED STATES USDA - N~TU~AL RESOURCES CONSERVATION SERVICE CONSERVATION PLANT SHEET NE-79 INDIRNGI%~B S ( Sorghastrum nutane L.) NI~CS Plant symbol: SONU2 ~; Native, perennial warm-season grass Uses= Indiangrass is an excellent grass for use as food end cover for wildlife, as a forage for grazing and hay production, and as an erosion control plant on droughty soils. NRCS Practice AnDlications: Wildlife Upland Habitat Mgmt. (644), Pasture and Hayland Planting (512), Critical Site Planting (342}, Filter Strip (393), Field Border (]86), Conservation Cover (327) Descriotion= Indiangrass, a rhizomatous bunchgrass, is one of the more beautiful native prairie grasses. In the North American prairie, it is one of the major grasses found along with Switchgrass, Big Blueetem, and Little Blueste~. It reaches a mature height of 3-8 feet. It is distinguished from the other warm-season graseees by the 'rifle sight" ligule where the leaf attaches to the stem. At the point of attachment, the leaf blade narrows. The blu-green leaves are attractive, long, stiff, and produced in dense clumps. The rhizomes are short and the stems coarse. The panicle is bronze to yellow in color and can be 8-12 inches in length. The infloresence appears compact prior to seed maturity when it spreads to a more open panicle. There are about 175,000 seeds per pound ~eaional Wetland Indicator Status= NL Varieties and Sources: There are many cultivate on the market, but 'Rumsey' ia best suited to the Northeast. Rumeey was released by the UDSA-NI~CS and the Missouri State Agricultural Experiment station in 1983. It was selected for it's good forage production, seedling vigor, and resistance to lodging. ~: Indiangrass is adapted to the Northeast west to Texas and North Dakota. It grows best in deep, well-drained floodplain soils. However, it is highly tolerant of poorly to exceseivelywell-drained soils, acid to alkaline conditions, and textures ranging from sand to olay. ~: Indiangrass should be seeded before April 15 in West Virginia, Maryland, end Delaware; before May i in Pennsylvania and Ne~ Jersey; and before May 15 in New York and New England. If seed is drilled for solid stands, use 6-8 pounds per acre rate PLS (pure live Iced). For broadcast seedings, the rate should he between 12 and 15 pounds per acre. seeding de~d=h is 1/4 inch. If seed ia broadcast or' hydroseeded, it £s lmportent, tO. 'incorporate' the geed by ~tracking with a heavy ~ach£ne to ~p~0v~ ~he seed. ~o soil ~ntac~. Indiangrass has. strong se~lin'g .-- ~i'g0=~ but( s~a"ds. ~e' sl~. to ' develop.'whe=~, c~[l'ti~- b=0adleaf ~e~s 'and'cOOI season - graase~. ~e h~; N~ ~Se~ing~ i~to~ ~l~%a~e~u=e~ .sOl'Is where ', ~ weeds srePe=siltent'~&~requi.re' · no-t£11 establishment ~o minimize the amount'of'exposedweed seeds; The cool-season grasses must be controlled w£th a contact herbicide .' ~. before seedings. A!eo~.:~ndiangrasss.hows tolerance to ,moa= broadleaf herb£~ldes,(I%.'lS ~0~cant to'follow 'label instructions for .. .. . application a~oUnts, smd gras~-g re~uirements). The m~et,'cgn~aOn .c~use of 'faa!Ute: of ~arm~aeas.on. ':"": ' eeedbed;,Conven~lo'nally-tilledeeedbeds should b~ packed-befor~ and' . especially after seeding. The seedbedshould be firm enough to show only a light ~p=int.w~en stepped on.. When using ~ no-till dri!l~ be'sure the -- '' CoHlter'furrO~s.,'&re'closed to.avoidseedexpos~re 'and drYing.` This Can be accOmplished by cultipacking after the' drilling operation. Manaoement~ Fertilization to moderate leveIs'Of phosphorus and potassium are recommended for establishment..Nitrogen applicat£ons are not reco~aended until the grass is established and well above the competing weeds. Fertilizer amy be applied late in the first gummer of establishmen~ a~ a rate of 20-40 pounds per acre of phosphorus and potassium or in the early s~,~er of the second year at 40-80 pounds per acre rate. In future years fertilize as needed to enhance vigor and productio~ of forage. For critical area seedings, no additional fertilization is necessary. Nature stands are tolerant of mow£~g or burning for weed ~ontrol. In addition~ cool-seasongrasses and legumes can be controlled with a contact herbicide before ne~warm-season grass shoots emerge in the spring. In rotational grazing eyete~e~ remove no more than 1/2 the above ground growth (no shorter than 8-12 inches). With care, the stand will last indefinitely. September 1996 CONSERVATION PLANTS FOR THE NORTHEASTERN UNITED STATES USDA - NATURAL RESOURCES CONSERVATION SERVICE CONSERVATION PLANT SHEET NE-76 BIG BLUESTEM (An~ropogon gerardi vit.) NR~ Plant symbol: ANOE plant T~De: Native, perennial, warm season grass. Uses: Big blueetem is a valuable forage as pasture and hay and is also very useful for critical area plantings and wildlife habitat improvement. It can be valuable in ornamental plantings and xeriscapes. NRCS Practice Applications: Conservation Cover (327), Critical Area Planting(342), Field Border (386), Land Reclamation-Landslide Treatment (453), Land Reconstruction (543&544), Pasture and Hayland Planting (512), Stre~mhank and Shoreline Protection (580), Wildli.fe Upland Habitat Management (645). pescF~ption: Big bluestem is one of the most come, on grasses of the tallgrass prairie. It is cocmon in the Northeast along railroad rights- of-way, stream corridors, and increasingly appears along roadsides as mowing programs are reduced. It grows to 6-8 feet tall, with a terminal seed head which reminds so~e of a turkey foot in shape and size. Actually, the number of 'branches" on the seed head may be 1-4. Bluish or purple color often appears on some leaf tips and stems, even when phosphorus is not limiting. This grass has creeping rhizcmes which expand the plant base each year. The seed has numerous short hairs and one long awn (stiff hair) on the seed coat. As with all warm season grasses, it goes dormant and turns tan colored with the first hard frost, end remains so until soil temperatures climb into the 50s in spring, when new growth emerges at the base. ~eqional Wetland Indicator Status: FAC Cultivate: There are several cultivars in the marketplace, but only 'Niagara' is from the Northeast. This cultivar was released by the Big Flats PMC for use in the region. Other cultivate ere from the Midwest or South. The Kansas and Nebraska culti~ars grow well in the Northeast, but generally are later maturing than Niagara. ~: Big bluestem prefers sites with full sun and wind exposure. This grass will grow on soils of moderate drainage or better. It will grow well on acid, droughty, and low fertility soils. Like other warm season grasses, big bluestem has a system of photosynthesis which is roughly twice as efficient with water and nutrients as are the cool season grasses. On wetter soils, frost heaving is a threat during the spring after planting. In the Adirondacks and the mountains of northern New England, at higher elevations on north and east facing slopes, there may be too few heat units for this grass to grow well. Establishment: Big bluestem is often planted in mixtures with other warm season grasses, during corn planting season. The germination of warm season grass seed is slow compared to cool season grasses, and the two types of grass are almost never planted together. Native grass drills (such as the Truax, Great Plains, or Tye) are the best units for planting this seed as they have positive feed mechanisms for chaffy seed and double disk furrow openers for precise placement. If a suitable drill is not available or cannot be used due to terrain, then broadcasting the seed and tracking it in with a bulldozer is also an excellent planting method. Hydroseeding or broadcasting without tracking is simply a waste of time, money, and effort. Mulches are avoided with warm season grass plantings unless absolutely necessary to control erosion- then use 1500 pounds per acre of clean straw as a maximum rate. No nitrogen fertilizer should be applied during the seeding year. Phosphorus and potassium should be at medium levels, and the pH should be 5.5 or better on forage fields and 5.0 or better on critical areas. Manaqement: Once established, there is little management needed for this species unless it is being used for forage. Fertilizer applications per soil tests should be sufficient to maintain moderate levels of NPK. Grazing should commence when the grass is about 15-18 inches tall. Graze or hay down to 6 inches, then again after 6 week intervals. Forage use should cease about one month prior to the expected first frost. Like other native warm season grasses, big bluestem is invigorated by prescribed fire during the spring once every few years. Wildlife is often attracted to recent burn sites as preferred nesting habitat. Waz-n~,g: this grass will build up heavy fuel loads when used in landscaping and wildlife cover applications. Plan firebreaks around buildings for safety. October, 1996 CONSERVATION PLANTS FOR THE NORTHEASTERN UNITED STATES UBDA - Ni~T~RAL RESOURCES CONBER~rATION BERVICE CONSERVATION PLANT SHEET NE-87 COASTAL P~NICGRA~ S (Panicum amarulum A.S.Hitchc. & Chase) NRCS Plant Symbol: PAAM6 PlantTvDe: Native, perennial, warm-season grass Uses: Coastal panicgrass has a deep fibrous root system which has made it a top choice for secondary sand dune stabilization in the mid- Atlantic states. Due to its upright form, this warm-season grass has been recommended for use in developing vegetative wind barriers. Due to its hedges form and winter persistence, P.amarulum is popular for wildl£fe cover on sandy coastal soils and reclaimed m£nelands. It is ales useful as a primary stabilizer of very well or excessively drained sites, such as gravel pits, dikes, and road bank cuts and fills. NRCS Practice Aoolicat~ons: Critical Area Planting(342), Filter Strip(393), Suffer Stripcropping(585A), Upland Wildlife Habitat Mg~.(645} Description: This grass is deep rooted (~6 ft.), robust, long lived where hardy, and grows to heights of 3 to 6 feet. The culms may be as thick as 1/2 inch, with bluish green leaves from 8 to 20 inches long and 1/4 to 1/2 inch wide. Although, coastal panicgrass grows faster than most warm season grasses, it is slower than cool season grasses. Producing short outwardly spreading rhizomes, it forms clumps or hunches. Like most other species in the genus P~nicum, coastal panicgrass has a large terminal inflorescence. It is a tightly arranged, densely flowered panicle. Seed dispersal is the prtm~ry means of reproduction of this species. There ars an average of 350,000 seeds Per pound. Re~ional Wetland Indicator Status= NL Varieties and Sources= distribution~ that is 'Atlantic'. for release by the cape May Plant Materials Center in 1981. Foundation seed of this grass is available from the Cape May PMC in NJ7 certified seed is available from con~ercial nurseries. Seed distribution is the primary eeans of propagation. Only one cultivar is grown for coa~rcial 'Atlantic' was evaluated and selected AdaDtatio~ Coastal panicgrass naturally occurs fro~Massachusetts to Florida, west to Texas. Like most plants, coastal panic~rass flourishes on fertile, well drained soils, hut will Perform well on droughty, very s~dy sites. When established on sand dunes it will only survive where other species have initially stabilized the location. It will tolerate moderate saline over spray, and pH's as low aa 5.0. It does not tolerate large deposits of sand. Coastal panicgraes is useful in warm season grass m~xtures on sand &nd gravel pits. There the good seedling vigor helps with initial stand establishment. Inland and north of Massachusetts it will winterklll, but not before helping during the seeding years. ~~ Panicum amarulum can be propagated by seed or vegetative divisions. Coastal panicgraes is the only species known to be successfully established on mid-Atlantic sand dunes by direct seeding. It is beet to sow from early spring, until May. If sands shift after planting, covering seed more than 2" deep, emergence will be obstructed. Depending on soil texture and available moisture, seed should be placed i (with increased % fines) to ! 1/2 (coarse soils) inches deep. Drilling in rows l0 to 20 inches apart, using 6 to 8 pounds of seed per acre results in the beet establishment. In mixtures with other warm season grasses, 3 lb/ac of coastal panicgraes le sufficient. Inland critical areas should be established using standard broad cast seeding, mulching, and fertilization procedures on sand and gravel pits, tracking with a dozer is reco~aended. See swltchgrase (NE-2}. Companion species of tall fescue (30 lb./ac.) and sericea lespedeza (10 lb./ac.) are recommended. Planting trials on field sites have been established utilizing bare- rooted stem divisions and containerized divisions, with mixed results. Successful sites were on protected locations, while failures were located on exposed, unstable sites. Under nursery conditions, most vegetative techniques work well. ~~ Annual controlled burning often stimulates seed production, recycles nutrients, and suppresses weed growth. At the time of planting 250 pounds per acre of 10-10-10, or the equivalent, should be band applied below the seed. Top or side dressed spring applications of 500 pounds of 10-10-10 fertilizer or the equivalent per acre, in poet establishment years, will promote good plant and seed growth. Septmber 1996 Seed Production Coastal panlcgrass seed can be produced oq almost any well drained, tillable soil. To reduce weed competition, use a field that has been in cultivation for a few years Seeding should be done in the spring using a conven- tional grain drill or cultipacker seeder. Weeds can be con- trolled by usmg selected herbicides Seed are easily direct combined and cleaned using standard procedures. Average seed production is aboc~t 250 pounds per acre. Uniled States Departmen! of Agriculture Soil Conservation Service Program Aid Number 1318 'Atlantic' coastal panicgrass Availability For more information on availability of seed, use, and seed production of Atlantic coastal panicgrass, contact your local SCS office listed in the telephone directory under US. Government, U S Department of Agriculture, Soil Atlantic' coastal panicgrass *s useful for long-term ;tahilization of critical areas It can be direct seededon :oastal sand dunes It is well adapted torevegetating fisturbed areas such as borrow and gravel pits, land and qghway fills, and has additional value as a standup winter :over for wildlife. Atlantic has proven ability to persist and ;rows well on droughty, infertile soil materials The original seed collection that ]ed to the release of ~tlantic was made at Back F~ay Wildlife Refuge near ~rincessAnne, Va It wascool)erativelv released by the , ~oil Conservation Service and the New Jersey Agricultural ~xperiment Station in 1981 )escription ;rass Growth habit is upright and the plant looks like a ~unchgrass, a]thoughit produces shortrhizomes Plants ~re bluish green, leafy, and multistemmed They produce arge quantities of viable seed Strong seedling vigor is an )utstanding attribute of Atlantic Adaptation Atlantic coastal panicgrass grows best on light-textured, sandy to silt loam soils It is adapted to the coastal plain and the peidmont region from Massachusetts to Texas, and has [)roved to be winter hardy in areas where the average iow temperature is between-lO° and 0° F (See adaptation map.) Establishment On sites where tillage equipment can be used, prepare a firm seedbed as forapasturep]anting in silty or medium- textured soils, plant seed 1/2 to 1 inch deep, In coarse- textured soils, plant seed 1 to 2 inches deep On sand dunes, plant seed 2 inches deep The number of seedlings appears to be related to whether the seed are buried deep enough, which is essential to establishment Surface seeding on sand dunes will not produce successful stands The recommended seeding rate for drilled plantings is 10 to15 pounds per acre Broadcast seedings can produce good stands only if the seed are adequately covered by cultipacking or other suitable means The seeding rate for this method should be increased to 20 pounds per acre Sericea lespedeza is recommended for seeding with Atlantic on all sites except sand dunes. Sericea is a deep- rooted, long lived legume that is well adapted to the sam( region as Atlantic Because it is a legume that produces nitrogen for the coastal panicgrass, and grows to about th same height, the two make an excellent combination The recommended rate of sericea is 20 pounds per acre Since coastal panicgrass seed may display some dormancy, the use of 2 year-old seed is recommended. In addition, early spring seeding will increase the rate and uniformity of germination Most manmade critical sites are Iow in I Lime and fertilizer should be applied prior to seeding according to soil tests. If soil test results are not available incorporate 2 tons of lime and apply 1OO pounds each of nitrogen, phosphorus, and potassium per acre when seeding the grass alone. When seeding with ]espedeza, us 50 pounds of nitrogen and 100 pounds each of phosphoru and potassium per acre Iime is not recommended for seedings on sand dunes, MuIch ~s recommended for broadcast seedings where depth of seed placement may be less than recommended ~his is best accomplished by tacking down straw or hay a 2 tons per acre Use of mulch,is not recommended on san, Typical 2 year-old stand of Atlantic coa.stal *~ ' ¥ · TOTAL .~2. PT. OF LOT · EXICTIN~ S~2. FT'. OF BUILI21N~¢ ON P~ · TOT~ ~. ~. OF ~ILOlN~ I ~CE~A~ O~ CO~E OF LOT B~ ~ILOIN~ = 4D~ ~. PT. : ¢~1.5 ~. FT, = ~12 ~2. FT, = 4~22'~ ,G~. FT. = ~.~% 400 Os~ander Avenue, Riverhea& New York 11901 63,-727-2303 Howard ~. Y~, La~d Su~ey~ Tho~ C. Wolper~ ~ofes~l E~ineer Ro~ E. P~ La~e~pe Architect Do~ E. Ad~, ~ofes~*~* E~,~e~ ~IVI~ION HAP "~G~OV~ ESTA~g" FILED IN T~ Afl FI~ NO. I~. ~R~Y A~D MAR~H 2~, 200~ TO I~ICA~ ~OPOSED ~IHHIN¢ POOL 0~. 5UI~.,Vh-"r'OR'~, CERTIFICATION o ~olk Covn~, Hen York Count] Tox Mop Oistdct lO00 Section ~ er~k O~ Lot Iq.04 ~O~E~ POOL FINAL FOUNDATION LOCATION ADDED COASTAL E~O~ION HAZA~ LINE HAY 24, MA~.. 2~, NOV. 2, .GEPT. 22, 2004 MAI~. 23, 2004 HA~. I~, ~ALE: JOB NO. 1~1,"~,. f~_OO4_2.00!~,_O4f~2_bC_pool BI=' %% % NOTE~ · ~¢¢IBI21VI~ION ~A~ "I~OCKCOVE E~TA"t'~'~" PII-~ IN THE A~ FILE NO. ID&E,'/. · VERTIGAL DATUM = N.c~.V. DATUNI (1'4.5.L. Iq2q) Young & Young 400 Ostrander Avenue, Riverhead, New York ~90~ 63 ~ - 727--2303 Howard ~. Y~, Land ~or T~m~ C. ~olp~ ~ofes~al Engineer Robert C. T~t, Aroh~tect Ro~ald E. P~ La.cape Architect HEALTH DEPAP`TI'4ENT USE 5UEVEYOP.'5 GEP`TIFIGATION · ~ HEREBY C, EI~TIF¥ TO ROBERT BARBARA aEELEY THAT ~15 ~EV~ 5UP`VEY FOP. ROBERT 5EELEY BARBAP, A 5EELEY LOT 4 "POCK. COVE E~TATES" At; ~reenporf., To~n oF Sou[holcl SuFFolk Gounf.~j, N¢~ York TOX b~'cip , DIstrlct IOOO Section ~'~ Block O~ Lotl~.O4 AI2PEP COA~,TAI. ~I~::)~ION HAZAF~2 LINE AMENDED I~II~::~O~-D N~U~E Il ~ARA~E MAP PI~PAI~,E O MAf~ 15, 2004 JOB NO. 2OO5-O25~ ml,,~,. ~._OO4_200~_O4(~2_~p · .... p'v'- ~-,v0 .,_ ·~/,,'-' Young & Young 400 Os~rander Avenue, Riverhead, New York 11901 68 !- 727-2303 H~rd ~. Y~ng, Land Su~or Th~ C. ~olpe~, ~ofea~ona[ Engi~er Rob~ C. T~f, Arohifeef R~ald E. P~L La--cape Architect Doug~ E. A~, ~ofes~onal Engineer NOTEO AREA : 45,50~ SQ. F:T. · ~UBDIVI~ION NAP "ROGKCOVE ESTATIE6" FILED IN THE OFFICE OF THE CLE~,~ OF ECJFFOLf( COUNT'd ON JUNE II, ;2001 AS FILE NO. IOOD-/. · ~SURVEY AMEN~D MARCH "~,, 2OO0 TO INDICATE .~UI~.VEYOt~,'~ GE~TIFIGATION HOY~,RD h. YOUNg, N.Y.C. L.S. NO. 458qg~~ · ~VtZY FOI~ POBERT 5EELEY , BAtV, DARA 5EELEY LOT 4 "P. OC. tC.C~OV1E E~TATE~" At. ~ceonport, to~n o~ ~outhold TOX ~Op District IOOO ~ction ~ Bilk O~ Lot ~q.~4 I FI~2PO~IEI2 POOL FINAL 9~,VEY FODNI~ATION IOC, ATION AI2~2EI2 COASTAL ~ION HAZAI~2 LINE AFff~N~E.~ I~:~P~:~.J~ ~ $ ~AI~A~E MAP HAft. 2~, 2000 NOV. 2, 2005 E~.PT. 22, 12004 HAI~,. 2D, 2004 MAR. ID, 2004 ~EPT. 26, 2001~ NO. 2005-0944 CATHERINE MESIANO, INC. 12 MILL POND LANE EAST MORICHES, NY 11940 Phonelfax:631-878-8951 May 22, 2006 Zoning Board of Appeals Ruth Oliva, Chairperson Town of Southold P.O. Box 1179 Southold, NY 11971 MAY 2 3 2006 RE: Robert Seeley 1250 Sound Drive, Greenport, New Yo~ SCTM # 1000-33-3-19.04 Dear Ms. Oliva: I am the agent for the above referenced applicant. Mr. Seeley is seeking relief from Article XXIII Section 100-2394A of the Zoning Code for construction of an in-ground pool <100' from the bluff. There is no conforming location on the site within which to site the pool. Enclosed please find the seven sets of the following: 1. Notice of Disapproval, building permit application and plan. 2. Application. 3. Owner's consent 4. Z.B.A. Questionnaire. 5. Project description. 6. Short EAF. 7. Transactional Disclosure Form. 8. Assessors property card. 9. Survey Also enclosed is Mr. Seeley's check # :15, ?~ in the amount of $400 for the application fee. We respectfully request that this matter be scheduled for the earliest available hearing date. Should you require any additional information, please do not hesitate to contact me. Ve/~ruly yours, Enclosures Fee:$ ~ ~Filed Not~s: Date Assigned/Assignment No. MAY APPLICATION Parcel Location: House No. 1250 Street Sound Drive Hamlet Greenport SCTM1000Seefion 33 Block 3 Lot(s) 19.04 LotSize 1.05A Zone District R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: 4/1212006 Owner as Applicant: ROBERT SEELEY Mailing Address: 20 WHITE PINE LANE, SETAUKET, NY 11733 Telephone: 235-8908 Fax: NOTE: If applicant is not the owner, state if applicant is owner's attorney, a~ent, architect, builder, contract vendee, etc. Authorized Representative: CATHERINE MESIANO, INC. Address: 12 MILL POND LANE, EAST MORICHES, NY 11940 Telephone: 631-878-8951 Fax: 631-878-8951 Please specify who you wish correspondence to be mailed to, from the above listed names: [] ApplicantJOwner(s) ~__ Authorized Representative [] [] Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 3/1 FOR: X Building Permit [] Certificate of Occupancy [] [] Pre-Certificate of Oeeupancy [] Change of Use [] Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article XXIII Section 100- 239 Subsection 4A Type of Appeal. An Appeal is made for: _X A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal [] [] has XX has riot been made with respect to this property UNDER Appeal No. Year Robert Seeley 1250 Sound Ddve, Greenport, New York ~f'~l~. SCTM # 1000-33-3 -19.04 ~ Page 2 of 3. Appeal Application Part a: AREA VARIANCE REASONS (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: · The proposed swimming pool is a use that is compatible with a residential zone. · The proposed setbacks, fencing and screening plantings are planned so as to complement the area and maintain the neighbors' vistas and privacy. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the · applicant to pursue, other than an area variance, because: · The subject site provides no conforming location for a swimming pool, or any other accessory structure (3) The amount of relief requested is not substantial because: · The area subject to this request is 512 square feet. (4) The variance will NOT have an adverse effect or impact on the physical or environmental · conditions in the neighborhood or district because: · The proposed location preserves the vistas of the neighboring properties · All necessary erosion control measures will be implemented during and post- construction to minimize the potential for degradation to the bluff. · No encroachment into the Coastal Erosion Hazard Area is proposed. A 40' minimum setback to the CEHA is proposed. (5) Has the vadance been self-created? ( ) Yes, or (X) No. · existing, as built? ( ) Yes, or (X) No. If not, is the construction (6) Additional information about the surrounding topography and building areas that relate to · the difficulty in meeting the code requirements: · The practical difficulties encountered in the development of this site have precluded the addition of any conforming accessory structures. After meeting the required front and bluff setbacks, no conforming buildable area exists on the site. This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE STANDARDS. (Please consult your attorney.) Otherwise~,please proceed to the signature and notary area below. /i / ,,,~~ /~l~erine Mesiano, Pres. ' Sworn to before rpe this _~day of ~ 2006. BONNIE I. No~W Public, State Of New No. 0ZD06095328, Suffolk Term Expires July 7o 20 _.~ Robe~Seeley 1250 Sound Drive, Greenport SCTM #1000-33-3-19.04 Town of Southoid LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. 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 Permit 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). 3. 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# 33 3 - 19.04 The Application has been submitted to (check appropriate response): Town Board Planning Dept. Building Dept. X Board of Trustees X ZBA 1. 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: CONSTRUCTION OF 16' X 32' INGROUND POOL Location of action 1250 SOUND DRIVE, GREENPORT Site acreage: 1.05 A Present land use: SINGLE FAMILY DWELLING Present zoning classification: R-40 2. 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: ROBERT SEELEY Robert Seeley 1250 Sound Drive, Greenl~ort SCTM #1000-33-3-19.04 (b) Mailing address: 20 WHITE PINE LANE~ SETAUKET, NY 11733 (c) Telephone number: Area Code 631-235-8908 (d) Application number, if any: ZBA #5912 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? NYSDEC (nomiurisdictional) DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open spare, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section m- Policies; Page 2 for evaluation criteria. Yes No Not Applicable Construction of a pool at this site is proposed in a manner consistent with relief granted under similar conditions. In this instance, the subdivision plan was ill-conceived in that the building envelope does not provide for development of the site in a manner consistent with the "pattern of development in the town". Policy 2. Protect and preserve historic and archaeological resources of the Town of Southoid. Sec LWRP Section Ill - Policies Pages 3 through 6 for evaluation criteria Yes No Not Applicable The proposed project is not located near any histodc sites or districts. 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 subject site is developed with a single family dwelling. Policy 3 has no relevance to construction of the proposed pool. Robert Seeley *1250 Sound Drive, Greenport S C'I'M #1000-33-3-19.04 NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. Yes No Not Applicable The applicant realizes the importance of maintaining the integrity of the bluff and preventing any condition that may pose a threat to the bluff. The proposed pool will be designed and constructed in accordance accepted engineering practices relevant to the site conditions. Further, the recommendations made by the Suffolk County Soil & Water Conservation District will be implemented in conjunction with the pool construction. Policy 5. Protect and improve water quality and supply in the Town of Southold. Yes No Not Applicable The subject site is developed with a single family dwelling. Policy 5 has no relevance to construction of the proposed pool. Policy 6. Protect and restore the quality and function of the Town of Southoid ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. Yes No Not Applicable The subject site is developed with a single familv dwelling. Policy 6 has no relevance to construction of the proposed pool. Policy 7. Protect and improve air quality in the Town of Southold. Yes No Not Applicable It does not appear that Policy 7 is relevant to construction of the proposed pool. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. Yes No Not Applicable The proposed pool will be constructed with drywells to provide for containment of any backwash material that may result from its operation and maintenance. 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. Yes No Not Applicable Construction of the proposed pool will have no impact on public access to, and recreational use of, coastal waters, etc. Robert Seeley 1250 Sound Drive, Greenport SCTM #10(X)-33-3-19.04 WORKING COAST POLICIES Policy 10. Protect Southold's water-depeudent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section !11 - Policies; Pages 47 through 56 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 10 is relevant to construction of the proposed pool on a residentially developed lot. Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section HI - Policies; Pages 57 through 62 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 11 is relevant to construction of the proposed pool on a residentially developed lot. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section HI -Policies; Pages 62 through 65 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 12 is relevant to construction of the proposed pool on a residentially developed lot. Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section HI - Policies; Pages 65 through 68 for evaluation criteria. Yes No Not Applicable It does not appear that Policy !3 is relevant to construction of the proposed pool on a residentially developed lot. Created on 5/25/05 11.'20 AM Robert Seeley 1250 Sound Drive, Greenport SCTM #1000.-33-3-19.04 PROPOSED ACTIVITY CONSTRUCTION OF A t6' X 32' IN-GROUND SWIMMING POOL, PATIO AND FENCE PER CODE. ~PLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant:~ L For Demolition of Existing Building Areas Please describe areas being removed: I1. New Construction Areas (New Dwelling or New Additions/Exten: Dimensions of first floor extension: t~ ] Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): Date Prepared ;ions): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to lb'st floor: IH. Proposed Alterations or Interior Structural Changes without enlargemenffextension (attach extra sheet if necessary) ~ Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IVy. ~stalculations of building areas and lot coverage (from surveyor): ing square footage of buildings on your property: Proposed increase of building coverage: · '°1~5~1~ Square footage of your lot: ~ .~ .~ Percentage of coverage of your lot by building area: V. Purpose of New Construction Requested: ~f~-a~.l VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficully in meeting the code requirement(s): Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking corners for new construction), or photos of existing building area to be altered (area of requested changes). 7/2002; 2/2005; 1/2006 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork,net/Southold/ Examined ,20.__ Approved // /, ,20.__ Disapproved a/c Expiration ,20 BUILI~ P~MIT APPLICATION CHECKLIST "D'o you have or need the following, before applying? ? Board of Health 4 sets of Building Plans Planning Board approval '~ Survey PERMIT NO. Check~ '~ ~ O ~''~- Septic Form' N.Y.S.D.E.C. Trustees Mail to: ° Bm34:ling Insp~_. APPLICATION FOR BUILDING PERMIT Date ~[ ~ ,206& INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. - e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. ,_ f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the kmenm, the Building '.inspector may :mthorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections.~ ~.//- .Z/. ~_' (Signature o£app icant or name, if a corporation)' (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner ofpremises (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. Location of land on which vroposed work will be done: ~ House Number Street x Hamlet County Tax IVl~p No. 1000 Se~io~ Subdivision ~'/(~x~17 Co,l, ~.~'~,-\ Cb (Name) Block (~"~ Filed Map No. \ b [,~"1 b. Intended use and occupancy ~%~Nok '~,,~x',~ 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost ~ ~ ~{31D O,Ob Fee 5. If dwelling, number of ~welling units If garage, number of cars State existing use and occupanc~f p~ses a~d intended use and occu~l~y ~oposed construction: a. Existing use and occupancy ~', Addition Other Work Alteration (Descliption) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial Or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Height Number of Stories Rear .Depth Dimensions of same structure with alterations or additions: Front Depth Height_ Number of Stories Rear 8. Dimensions of entire new construction: Front Rear .Depth Height - I L?o ,~ ~, % Number of Stories 9. Size oflot: Front ~'5,0~'L Rear \!o-3,,0% Depth "~t_~ 10. Date of Purchase ~ ¢.{5~x~' '7_©O'gName of Former Owner F-7-- &~ ~ ~-6~ ~..~.~ 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO ~- . 13. Will lot be re-graded? YES '"~NO__Will excess fill be removed from premises? YES__ NO ~ 14. Names of Owner ofpremises¢~o43~ Qo ~.~:~.ey Address ~c~s'k (,,~;~,M& ~\-~.ehone No. (~% I ~ g ~ '~o l% NameofArchitectC..M04'\~ "'~N',a,e-xag Addressg,-,-~-a'~x*~-'~ ~.~. PhoneNo t=~ "1 7..'1 -'1 qq3 Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES __ NO__ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF t?~O~ ~ k/'~ ~'d°'~/5F being duly swom, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are tree to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn t%b.~efore me this "~ '~" day of pr ~ co~ss~oN EXmRES ~ a0, ~ OWNER STREET ! Z ~ P VILLAGE DIST; ___ .o,.,..,~_ '-'J' "1'- ~r1~5 "~ TYPE OF BLD. P~OP. FRONTAGE ON WATER .~,0_ ~=~ TILLABLE FRONTAGE ON ROAD ,1~~ 50 WOODLAND DEPTH ~ MEADOWLANO 33.-3-19.4 2/06 M.rBIdg.. ~SKl(~-- ~ ~ ~5~' ~,,c~O Foundation '~'~ Bath ~ Dinette ~xtensi°n [~ ~ ~ ~ ~ ~ ~ 771 Basement ~W~sLAe Floors Kit. ~tens~°n q K t7 ~ t~5 ~ Ext' Walls 0~. ~,~¢S, Interior Finish ~{~, L,n. Extension ~ ~Z' ~ (eq~ Fire Place ~t~ Heat ~ ~, ~ D.R. ~ ~? ' ~ ~ ~ woou~tov~ ~R. ~Xt' = ~Z [ Dormer Fin. B ,~ay ~W= ~/C~ Rooms 1st Floor C~ Garage - 7~ - ~: ~:% FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY ~AY ~ 3 2006 ;ON.__JNG BOARD OF APPEALS No: Z-31539 Date: 04/18/06 THIS CERTIFIES that the building NEW DWELLING Location of Prol~erty: 1250 SOUND DR (HOUSE NO.) (STREET) County Tax Map No. 473889 Section 33 Block 3 subdivision Filec~ Map No. __ LOt ~o. -- GREENPORT (HAMLET) Lot 19.4 conforms substantially to the Application for Building Permit heretofore filed in this office dated AUGUST 12, 200~ pursuant to ~Wn/ch Building Permit No. 30582-Z dated AUGUST 23~ 2004 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is SINGLE FAMILY DWELLING WITH ATTACHED TWO CAR GARAGE~ COVERED FRONT ENTRY & UPPER BALCONY AS APPLIED FOR. The certificate is issued to ROBERT & BARBARA SEELEY (OWNER) of the aforesaid building. HuFFOLK COUI~TY DEPART~qT OF ~RALTH APPHO%rAL R10-03-0136 EL~t-i'~ICAL ~TIFICATE NO. 97318C PLUMBERS CERTIFICATION DATED 03/22/06 JOHN DEACY 11/~o/o5 Ol/16/o6 th~ize Signature Rev. 1/81 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? '~ Yes [5 No Are there any proposals to change or alter land contoum? [] Yes [3~o 1) Are there any areas that contain wetland grasses? D O 2) Are the wetland areas shown on the map submitted with this application? ,~ ¢$ 3) Is the property bulkheaded between the wetlands area and the upland building area? tho 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? th ~ Please confirm status of your inquiry or application with the Trustees: D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? Are there any patios, concrete barriem, bulkheads or fences that exist and are not shown on the survey map that you are submitting? I'~Or~ (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? tel O If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? I~ the proximity of your lands on your map with this application. If yes, please label H. Please list present use or operations conducted at this parcel ~ ! fld} e' ~ and proposed use -.e,~e_ tO] ,Oo~J Authorized Signature and Date 2/05 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by A~)plicant or Project Sponsor) 1. APPLICANT/SPONSOR 12. PROJECT NAME ROBERT SEELEY / 1250 SOUND DRIVE 3. PROJECT LOCATION: Municipality GREENPORT County SUFFOLK 4. PRECISE LOCATION (Street address and read intersections, prominent landmarks, etc., or provide map) 1250 SOUND DRIVE N/S SOUND DRIVE, APPROX. 80' NW/INLET POND ROAD 5. PROPOSEDACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: CONSTRUCT 16' X 32' I/G POOL 7. AMOUNT OF LAND AFFECTED: Initially 1 acres Ultimately I acaes 8. WiLL PROPOSED ACTION COMPLY VVITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? --[] Yes [] No If No, describe briefly BZA VARIANCE REQUIRED FOR BLUFF SETBACK 9. VVHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] ,ndustrial [] Commercial Describe: [] Agriculture [] Park/Foist/Open Space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? I I Yes ~ No If Yes, list agency(s) name and pannit/approvals: 11. DOES ANY ASPECT OF THE ACT ON HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Ed Yes [] No If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERM T/APPROVAL REQUIRE MODIFICATION? [~Yes []No /f-~ERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOVVLEDGE Applicant/sponsgf nj~me: CATHE~SIANO INC. ~ent for Seeley Date' 5/22/2006 I~f the action is in the Coastal Area, and you are a sta~e agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part; of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: ROBERT SEELEY NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance X Change of zone Approval of plat Exemption from plat or official map. Other (If "Other," name the activity) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X If you answered "YES," complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) 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 noncorporate entity (when the applicant is not a corporation); __.C) an officer, director, partner, or employee of the applicant; or __.D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this 9- ._d.~_y .p~ f~ ,, 2006 Signature ' Print name Robert Seeley AUTHORIZATION RE: SCTM # 1000-33-3-19.04 1250 Sound Drive, Greenport, New York I, ROBERT SEELEY, residing at 20 WHITE PINE LANE, SETAUKET, NY do hereby authorize Catherine Mesiano, Inc. to apply for permits from the Southold Town Board of Zoning Appeals on my behalf. Robert Seeley Date: ~ql0(~ Sworn to before me this ~__._~day of H~, 2006 Notary Public DIANE TANNER Notary Public, State of New York No. 501017,5 OualifiDd in Suffolk County,-3~z'7 Commiss,on E×pires ~...~ [ ~,~ ,,"~.J- ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville May 24, 2006 Zoning Appeal No. 5912 Transmitted herewith is Zoning Appeals No. 5912 of Robert Seeley - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is cover letter from Catherine Mesiano, a Authorization Letter from the owners for Catherine Mesiano to apply on their behalf, a Questionnaire for Filing With Your Z.B.A. Application, a Short Environmental Assessment Form, Applicant Transactional Disclosure Form, Notice of Disapproval dated April 12, 2006, Applicant's Project Description, a Town of Southold Property Record Card, Certificate of Occupancy dated 4/18/06, a Building Permit Survey, and a Pool Permit Survey. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 5 / 23/06 ZBA # NAME CHECK # AMOUNT TC 5912 SEELEY, Robert 1578 400.00 ~,.~v. 2 4 2,¢0':,°" TOTAL $4o0.00 By__ Thank',ou. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 05/24/06 * * * RECEIPT * * * Receipt#: 1578 Transaction(s): 1 1 Application Fees Reference Subtotal 5912 $400.00 Check#: 1578 Total Paid: $400.00 Name: Seeley, Robert 20 White Pine Lane Setauket, NY 11733 Clerk ID: MICHELLE Internal ID: 5912 Mai[in~ Add~es~_: Riverhead, NY 1190] CHARLES R. CUDDY ATI'OR.NEY AT LAW 446 GP./FP1NG AVHNUE RIVERHEAD, NE~' YORK TEL: (631t 369-8200 FAX: {631) 36q.90S0 E-mad: crc uddy~,e~ech[iz~k.ne t March 14, 2000 HAND DELIVERED Planning Board Town of Southold 53095 Main Road Southold, NY 11971 Re: Roo~¢ove Estates Gentlemen: We are enclosing a certified copy of the recorded. Declaration of Covenants and Restrictions in the above subdivision. As indicated, the Declaration was recorded with the. Suffolk County Clerk on March 8, 2001. Very truly yours, Charles R. CuddlfJ Encs. CRC:cg DECLAI~TION OF COVENANTS ~%ND RESTRICTIONS THIS DECLARATION, made this /~day of~~ , 2001, by and between SAL CAIOLA and EENNY CAIOLA, JR., both~aving a mailing address at 230 East 85th Street, New York, New York 10028-3099, hereinafter referred to as the DECLARANTS: WITNESS ETH : the Declarants are the owners property situate at Greenport, WHEREAS, in fee simple of certain real Tow~ of Southold, County of Suffolk, State of New York, known and designated on the Suffolk County Tax Map as District 1000, Section 33, Block 3, Lot 19, and more particularly described on the annexed Schedule A, and WHEREAS, for and in consideration of continuing the subdivision approval the Planning Board of the Town of Southold has deemed it to be for the best interests of the ToWn of Southold, the owners and prospective owners of said lots that the within covenants and restrictions be imposed on said lots, and that said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office, and WHEREAS, the Declarants have considered the foregoing and has determined that same will be in the best interests of the Declarants and subsequent owners of said lots, NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarants for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant, and agree that the lots within said subdivision map shall (10) foot Lots 1, 2 directly, approvals. hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors, and assigns, to wit: 1. A Homeowners Association to be created for Rockcove Estates subdivision will improve and maintain the roads and road drainage structures and facilities and provide for upkeep of same until accepted by the Town of Southold. The Homeowners Association shall also own the beach property to the north of Lot 3, from the southern edge of the walkway down the bluff face to the high water mark, together with the walkway located between Lots 3 and 4. There shall be no vehicle access, or parking allowed within the ten wide walkway providing access to the beach property. and 4 shall have the right to access the water front subject to obtaining all applicable permits and 2. The use and development of that portion designated as Open Space Easement Area on Lot No. 19 of Rockcove Estates subdivision, will forever be restricted to some or all of the following: a) Farming operations and activities (including soil preparation, cultivation, fertilization, irrigation, pest control, and drainage control) and any other normal and customary farming operations; and the use of farm vehicles and equipment in connection therewith, all as designed and intended to promote and enhance agricultural production encompassing the production for commercial purposes of field crops (including without limitation, corn, wheat, oats, rye, barley, hay, potatoes and dry beans); fruits (including without limitation, apples, peaches, grapes, cherries and berries); vegetables (including without limitation, tomatoes, snap beans, cabbage, carrots, beets, cauliflower, broccoli and onions); horticultural specialties (including without limitation, nursery stock, ornamental shrubs and ornamental trees and flowers); and all other farm products; b) Open fallow; c) Operations, encompassing the maintenance of livestock and livestock productions (including cattle, sheep, goats, horses and poultry) which are found acceptable and reasonably necessary by the Planning Board; d) Landscaped, wooded areas with lanes, walkways, foot paths, ponds or brooks and recreational areas for compatible recreational uses, which are found acceptable and reasonably necessary by the Planning Board and which are subject to approval by the Planning Board. 3. The following shall be adhered to on that portion of Lot No. 19 outside the Building Envelope which is designated as Open Space Easement Area for the purposes of preventing the loss of the aesthetic open space and the agricultural value of said premises: a) If at any time the ownership of the area shall change, or the use of the area shall be changed from the use present at the time of subdivision approval, (fallow farmland) or any subsequently approved use, to any other typeof farm use in accordance with this Declaration of Covenants and Restrictions, a conservation plan shall be developed by the Soil conservation Service for this particular property. The farming practices shall then comply in all respects to this report, and shall remain in compliance with all updates of the report. The Planning Board shall have the right to require updated reports when deemed necessary. b) No regrading shall be conducted thereon; the natural contours thereof shall remain generally undisturbed and no fill or spoil shall be placed thereon. c) No top soil, loam, sand, stone, gravel, rock or minerals shall be excavated or removed therefrom or placed thereon. d) Farming practices shall be such that erosion of the land is minimized and is in accordance with the standards of the Soil Conservation Management Plan, and nothing shall be permitted to occur thereon which would result in increased erosion of ~aid premises. e) No streets, roadways or other right of ways for non-farming vehicular use shall be constructed or granted thereon. f) Except as may be required for irrigation, drainage, sanitation or disease control, plants or other vegetation located thereon, shall destroyed, cut or removed therefrom. reasons of no trees, be killed, refuse or other toxic, hazardous, objectionable, unsightly or offensive material shall be permitted on or within the said premises. h) The said premises will forever be'kept open and g) No dumping, placement, storage or burning of any liquid or solid waste, garbage, ashes, sawdust, trash, rubbish, 0 Oe free of all signs, bill boards or other forms of visual advertisement of display. i) All structures, whether temporary or permanent, shall be located within the building envelope for Lot No. 19 as designated on the final subdivision plat for Rockcove Estates. Temporary or permanent structures (including but not limited to fences) which are deemed reasonably necessary as accessory building or structures for the utilization of the said premises for bonafide agricultural production may be allowed, subject to Planning Board approval. j) Retail sales shall be restricted to the sale of items produced on the property, .and shall be subject to Planning Board approval. 4. a) The drainage easement area located on Lot 19 shall not be obstructed in any manner; b) The Homeowners Association created for Rockcove Estates subdivision shall have the right to use the drainage easement area to access the recharge area if th~ roads and drainage area have not been dedicated to the Town of Southold. The Town of Southold shall have the right to use. the drainage easement area to access the recharge area if the roads and drainage area have been dedicated to the Town of Southold. 5. That the. Declarants reserve the right to the exclusive use and possession of the area known as the Open Space Easement Area, to the extent not inconsistent with the covenants and restrictions hereinabove set forth; and Declarants or future owner(s) may exclude the general public or any designated person or persons from the use of or entry upon the said Open Space Easement Area, except that the town shall have the continuing right to inspect the said area to the extent reasonably required to monitor compliance and determine that the covenants, terms and provisions herein have not been violated, such inspection to be performed at reasonable times. 6. Access to proposed Lot 19 shall be from Homestead Way only. There shall be no vehicular access permitted from lot 19 onto C.R. 48 (Middle Road). 7. There shall be no on-street parking on any street within the Rockcove Estates subdivision. 8. There shall be no further subdivision of'any lot within the subdivision in perpetuity, f 9. No sanitary disposal .facility shall be installed or constructed within 100 feet of the top of the bluff. 10. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the face of the bluff in any manner. No grading shall be permitted within 100 feet of the top edge of the bluff except that which may be necessary to control or remedy erosion or to prevent stormwater from flowing over the edge of the bluff. 12. All lots will be required to have individual test wells prior to approval to construct. Any lot which does not meet the water quality standards shall not be built upon until public water is available. 13. The owner shall connect to public water when public water becomes available. 14. There shall be no transfer of any of ~he lots prior to the installation of dry water mains and without an acceptable test well. 15. The Declarants grant the continuing right in perpetuity to the Town of Southold or any of its designated representatives to inspect any areas designated as open space, common areas, open space easements, or any similar nomenclature so as to ensure continued compliance with the covenants, ter~s and provisions designated herein in regard to same and to ensure that such covenants, terms and provisions have not been violated. 16. Declarants grant the continuing right in perpetuity to the Town of Southold, any of its.designated representatives or any owner of property within the subdivision to enforce the conditions and restrictions of the covenants as they relate to the open space, common areas, open space easements, or any similar nomenclature and to take any legal action it deems necessary to enforce the conditions end restrictions of the covenants. These rights of inspection and enforcement shall be binding upon Declarants, their heirs, executors, legal representatives, distributees, successors, assigns and transferees. 17. These covenants and restrictions can bE modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be ., . ©® entitled to notice of such hearing, but their consent to such modification shall not be required. IN WITNESS WHEREOF, the Declarants above named have executed the foregoing Declaration the day~s~~ ) SS.: COUNTY OF SUFFOLK ) On the /~'da¥ of ~6~~i' in the year 2001, erore- me, the-eund rslgned~ persona~l~appeared b 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 executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. STATE OF NEW YORK ) COUNTY OF SUFFOLK ) On the a~ o in the year 2001, before me, the und rslgn d, pe appeared BENNY CAIOLA, JR., 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 executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon b=h/%If o~ which the individual act.d, executed n l? tl. MARIE RUFFINO Notary Public, State olNewYOrkNo. 01RUsO.4918 N~tary Oualilled in New Yo~k County Certificate Illed In Naw York County DESCRIPTION OF PROPERTY FOR ROCKCOVE ESTATES ALL that certain plot, piece or parcel of land situate, lying and being near Greenport, in the Town of Southold, County of Suffolk, New York, bounded and described as follows: BEGINNING at a concrete monument set on the Northerly line of Middle Road (also known as North Road) at the Southeasterly corner of land now or formerly of Keough and the southwesterly corner of the premises herein described; Running thence along said land of Keough two courses as follows: 1) North 18 degrees 00 minutes 40 seconds West 200.00 feet to a concrete monument, thence 2) South 71' degr6es 28 minutes 20 seconds West 50.00 feet to a concrete monument set at the northwesterly corner of said land of Keough; Running thence through the land now or formerly of Burr in a Westerly direction South 69 degrees 05 minutes 00 seconds West 164.88 feetto the easterly line of land now or formerly of J.M.S. Land and Development Corporation at a point on said boundary line W~ich'is 2'00 feet northerly from the northerly line of Middle Road; Running thence along said land of J.M.S. Land and Development Corporation the two courses as follows: 1) North 14 degrees 43 minutes 20 seconds West 508.54 feet; thence 2) South 69 degrees 06 minutes West 125.70 feet to a concrete monument and land now or formerly of H.J.S. Land and Development CorDoratlon; Running thence along land last mentioned two courses as follows: 1) No~th 20 degrees 24 minutes 50 seconds West 343.75 feet; thence 2) North 15 degrees 14 minutes 40 Seconds West 1,186.15 feet to the ordinary high water mark of the Long Island Sound; Thence along the ordinary high water mark of the Long Island Sound on a tie line course bearing North 53 degrees 19 minutes 20 seconds East 644.22 feet to the northwest corner of land now or formerly of Eastern Shores; Thence along land last mentioned two courses as follows: 1) South 14 degrees 44 minutes 50 seconds East 415.0 feet; thence 2) South ~5 degrees 55 minutes 50 seconds East 1,861.79 feet to land now or formerly of Monroe s. Burr; Thence along land last'mentioned, along land now or formerly of Austin C. Burr two courses as follows: 1) South 71 degrees 28 minutes 20 seconds East 152.73 feet; thence 2) South 15 degrees 54 minutes East 150.0 feet to said Northerly line of Middle Road; Thence along said northerly line of Middle Road, South 71 degrees 28 minutes 20 seconds West 92.61 feet to the point or place of BEGINNING. RECORDED 2001 I~ar 08 03:~)~24 Edward P, R0maine CLE~-.~ OF SUFFOU( COUNTY L D00012!06 P 575 STATE OF NEW YORK 3OUNTY OF SUFFOLK SS: I EDWARD R ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) DO HEREBY CERTIFY.THAT I HAVE COMPARED THE ANNEXED COPY OF/ / DEEDLIBER /,,l/o~,, ATPAGE ,.5-?,,..~' RECORDED ~3/~/~2oo/ AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DECLARATION AND OF THE WHOLE THEREOF. IN TESTIMONY WHEREOF. I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF,~q_AII%~ COUN'rY AND COURT THIS~ ~-7~ DAY O f ,O7/7-,¢_c~/ 0 CLERK 0 RECEIVED NOV 1 4 2006 ~ONING 8OARD OF APPEALS 1~,0 6~ ? #FILE No. ~ ]. 8 #ABS. No. LED JUN 1 1 2Q01 FILED SLIFFOLK COUNTY DEPAR]IJENT ~ HEAL~I.I SI~VICES HAUPPAUGE~ N,Y. SEP 0 4 t998 Lot 136 1 ! / / ~ Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road IRO. Box 1179 Southold, NY 11971-0959 MEMO TO: FROM: 40 DATE: SUBJECT: Jerilyn Woodhouse, Chairperson, Planning Board James Dinizio, Jr., Chairman, Zoning Board of Appeals March 12, 2007 PB Conditions - Subdivision of Rock Cove Estates Our File #5912- R. Seeley, Lot 4, CTM 33-3-19.04 At a Meeting held by the Zoning Board of Appeals on March 8, 2007, the ZBA adopted a Resolution requesting clarification from the Plarming Board regarding PB Condition No. 11, in the C&Rs for the above subdivision, which condition states: "no grading shall be permitted within 100 feet of the top edge of the bluff except that which may be necessary to control or remedy erosion or to prevent stormwater from flowing over the edge of the bluff." This clarification will be made a part of the ZBA appeal record, concerning an application submitted for setback variances to build a swimming pool and to construct brick patios at less than 100 feet from the top edge of the bluff. Thank you. Encl. ZBA:JD:Ik PHIL KARAtlALIS SOUND DRIVE GREENPORT, NEW YORK 11944 (718) 274-3793 TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS M. ARCH 26, 2007 P. 02 Application of Robert Seeley 1250 Sound Drive, Cn'eenport PLEASE BE ADVISED AS FOLLOWS: This constitutes my formal objection to the granting of a variance for the property captioned above. Pursuant to Section 267 of the Town Law and Chapter 280 (Zoning) Code of the Town of Southold, and the authority of the Town's Zoning Board of Appeals, Mr. Seeley seeks a variance to place a swimming pool on that property. My objection stems fi.om the fact that the proposed location of the pool is too close to my property line. Additionally there are no drywells on that property. All runoff water presently discharges down the bluffand is further adding to the erosion of the bluff. I have no objection if the pool is situated ia the center of the property and all requisite setbacks and safeguards are complied with. Thank you for your time and attention. PIG TOTAL P.02 March 20, 2007 Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 MAR 2007 Re: Robert Seeley #5912 Request for Variance 1250 Sound Drive, Greenport Rockcove Estates Lot 4; CTM 33-3-19.4 Dear Board Members; After reviewing the above proposal for a swimming pool, located at the above property, the Board of Directors of The Rockcove Home Owners Association respectfully requests that you approve the request for a variance for Mr. Seeley. We also request in issuing the variance that any remedial bluff' requirements, will not result in water run offdown the HOA path or steps to the beach. The above property has been for sale for sometime now, and the ability of the home to have a permitted use for a pool should help in a final sale, and stabilization of our community. Siny.,em~ Peter S. Russo President Board of Directors Rockcove Estates Homeowners Association P.O. Box 2046 Cn'eenport, N.Y. 11944 516-238-1750 (cell) Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 March 12, 2007 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. 5912 (Seeley) Dear Mark: We have received an amended map for the pool location on the Seeley project; you had previously forwarded an LWRP reply dated June 27, 2006, a copy of which is also attached. Additionally, we have included a copy of the Soil and Water reply as well as the applicant's response thereto. Finally, a copy of the hearing transcript is also enclosed. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank you. Very truly yours, JAMES DINIZIO, JR. By:. LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 29, 2007 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY~ MARCH 29, 2007: 1:50 P.M. ROBERT SEELEY #5912. Request for a Variance under Section 280-116 (100-239.4A based on the Building Inspector's April 12, 2006 Notice of Disapproval concerning a proposed accessory swimming pool structure in a location at less than 100 feet from the top of the bluff adjacent to the Long Island Sound, at 1250 Sound Drive, Greenport; Rockcove Estates Lot4; CTM 33-3-19.4. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town.Southold.ny.us. Dated: March 6, 2007. ZONING BOARD OF APPEALS JAMES DINIZlO, JR., CHAIRMAN By Linda Kowalski 54375 Main Road (Office Location) 53095 Main Road (Mailing Address) P.O. Box 1179 Southold, NY 11971-0959 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 29, 2007 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Chapter 280 (Zoning), Code of the Town of Southold, the following public hearings will be held by the SOUTH- OLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, PO. Box 1179, Southold, New York 11971-0959, on THURSDAY, MARCH 29, 2007: 9:40 A.M. LYNNE CARDACI g6012. Request for a Variance under Section 280-124, based on the B~iilding Inspector's January 9, 2007 Notice of Disapproval concerning an application for a building permit fora proposed addition to the existing dwelling at less than 40 feet from the front lot line, at 80 Jernick Lane (at Oaklawn Avenue), Southold; CTM 70.3-16. 9:50 A.M. STEPHEN and CLARA WONG g6014. Request for a Vari- ance under Section 280-15, based on the Building Inspector's January 25, 2007 Notice of Disapproval concern- ing an application for a building permit to locate an accessory garage in a front yard rather than a rear yard. Location of Property: 1780 East Gillette Drive and (west) Gillette Drive, East Marion; CTM 38-3-23.1. 10:00 A.M. PAUL R. CADMUS #6016. Request for a Variance under Section 280-124, based on the Building Inspector's January 26, 2007 Notice of Disapproval concerning an application for a budding permit to build a covered porch addition at less than 40 feet from the front lot line, at 7005 Main Road, East Marion; C'rM 31-1 3. 10:10 A.M. LEE and MARIE BE NINAT1 #6017. Request for Variances under Section 280-15 and 280-38C- L based on the Building thspector's January 4, 2007 Notice of Disapproval, amended February 22, 2007 concerning an application for a building permit for an accessory garage with storage loft: (a) in a yard other than the required rear yard, (b) set back less than 25 feet from the property line, (c) height ceeding the code limitation of 22 feet to the top of the ridge, and (d) dormer exceeding 40% of the roof width. Lo- cation of Property: 3070 Peconic Lane and C.R. 48 (Middle Road or North Road), Peconic; C~rM 74-3-15. 10:30 A.M. NANCY BORIS ~o007. Request for a Variance under Section 280-124, based on the Building Inspec- toffs October 24, 2006 Notice of Disap- proval concerning an appllcallon for a building permit for an addition to the dwelling at less than 35 feet from the front yard lot line and with lot coverage exceeding the code limitation of 20%. Location: 335 Pierce Drive and private right-of-way, Cutchogue; CTM 136-1-8. 10:40 A.M. THOMAS RYZUK ~,6009. Request for a Variance under Section 280-124. based on the Building Inspector's January 19, 2007 Notice of Disapproval concerning a proposed new dwelling, after demolition of the exist- ing structure. The dwelling is proposed at less than 15 feet on a single side yard and less than a total of 35 feet combined side yard setbacks, at 790 North Sea Drive, Southold; CTM 54-5-14. 10:50 A.M. PERICLES NOTIAS #6005. Request for a Variance under Section 100-30A.3 (280-18), b~sed on the Building Inspector's March 30, 2005 Notice of Disapproval concerning an as- built dwelling (re£ B.E File Reg 29700- Z) exceeding the code limitation of 2-1/2 stories at 675 Summit Drive, Mattituck~ CFM 106-147. 11:00 A.M. JOSEPH GULMI and SUSAN BRAVER g5994. Request for a Variance under Zoning Code Sec- tion 280-105, based on the Building Inspector's December 11, 2006 Notice of Disapproval, and request for rebel from Condition under ZBA No. 5340 concerning the setback Iocation of an as-built pool (re£ B.P ~91932-Z), at less than 30 feet from the front lot line. Lo cation: 250 Pine Tree Court, Cutchogue; CTM 98-1-7.11. 1:25 EM. JOHN and PATRICE KEITI' ~008. Request for Varianc- es under Sections 280.15, 280-I16B, and 280-124, based on the Building Inspector's January 11, 2007 Notice of Disapproval concerning an application for a bnilding permit for as-built shed, new porch construction after removal of a screen porch, and new addition to dwelling. The reasons stated in the disapproval are: (a) decking construc- tion is shown with a zero setback from the bulkhead, (b) the as-built screened porch is less than 75 feet from the bulk- head; (c) the rear yard setback is pro- posed at less than 50 feet; (d) the as- built accessory shed does not meet the required 5 ft. minimum setback under ZBA No, 3229. (Note: Variance relief is not requested for the trellis structure,) Location of Property: 280 Basin Road, Southold; CTM 81-1-19. 1'.50 EM. ROBERT SEELEY 85912. Request for a Variance under Section 280-116 (100-239.4A based on the Building Inspector's April 12, 2006 Notice of Disapproval concerning a proposed accessory swimnfing pool structure in a location at less than 100 feet from the top of the bluff adjacent to the Long Island Sound, at 1250 Sound Drive, Greenport; Rockcove Estates Lot 4; CFM 33-3-19.4. 2:05 PM. EDWARD FERGUS #5941. Request for a Variance under Section 280-18 (100-30 A.3) based on the Building Inspector's May 31, 2006 Notice of Disapproval concerning an ap- plication for a building permit to build a single-family dwelling in a location less than the code-required 50 feet from the rear Iot line, at 1854 North Bayview Road, Southold; CTM 70 12-39.3. 2:20 PM. MARY ZUPA 86010. This is an Appeal for an Interpretation or other action, based on the Building Department's December 21, 2006 re- turn ora building permit application for construction of a single-family dwelling, at 580 Basin Road, Southold; CTM 81- The Board of Appeals will hear all persons, or their representatives, desir- ing to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hear- ing. Each hearing will not start earlier than designated above. Files are avail- able for review during regular busi- ness hours and pr/or to the day of the heating. If you have questions, please do not hesitate to contact our office at (631) 765 1809, or by email: Linda. Kowalski@Town.Southold.ny.u~ Dated: March 7,2007. ZONING BOARD OF APPEALS JAMES DINIZIO, JR., CHAIRMAN By Linda Kowalski 54375 Main Road (Office Location) 53095 Main Road (Mailing Address) PO. Box 1179 Southold, NY 11971-0959 #8276 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Candice Schott of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 _week(s), successively, commencing on the 15th day of March, 2007. Principal Clerk Sworn to before me this 2007 /~day of ~ CHRISTINA VOLINSKi NOIAR¥ pUI~LtC-STAIE OF NEW YORK No. 01.VO6105050 Qualified In Suffolk countY Commission ExpITes FebTUCl~¥ 28, 2008 ZONING BOARD OF APPEALS'"' MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net March 6, 2007 Re: Town Code Chapter 55 - Public Notices for Thursday, March 29, 2007 hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before March 14th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arranqements were made in either a written statement, or durinq the hearinq, providing the returned letter to us; AND not later than March 15th: please either mail or deliver to our office your Affidavit of Mailin.q (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later March 19th: please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver your Affidavit of Posting during the meeting. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Encls. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: SEELEY, R. #5912 MAP #: 33-3-19.4 APPEAL: Bluff Setback REQUEST: Swimming Pool DATE: THURSDAY, MAR. 29, 1:50 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 {al (Endorsement Required) $0.39 Joseph Algeri 40 Viola Drive ~ P~stmark East of Eden, LLC 230 East 85th Street New York, NY 10025 09~~ 09 Postmark J Certified Fee {Endorsement Required) (Endorsement Require) Postmark Here h )3/09/2007 Peter Russo P.O. Box 2046 or ~o ~o~ ~o., Greenport, NY 11944 0955 Certified Fee Retu n Receipt Fee (Endorsement ReqUired) ~ 192 Sands Point Road · Complete items 1,2, and 3. Also complete Item 4 if Restricted Delivery Is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailplsoe, or on the front if space permits. 1. Article Addreseed to: Theodora Karahalis 192 Sands Point Road Sands Point, NY 11050 I. Recalved by ( Pr/nted Name) [] Addmesee D. is delM~y address different rom item 17 [] Yes addmse below: [] No 2. Article Number {7-tansy- fn~n sengce ~ 7001 25t0 0004 1873 3174 PS Form 3811, February 2004 · Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. · Print your name and address on the reverse so that we can retum the card to you. · Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: Joseph Algeri 40 Viola Drive Glen Cove, NY 11542 B. Rece~ by ~ Printed Name) - D. le dalh,~y from Item 17 If YES, enter delivery address below: 2. Article Number ~r~,~,~ 7001 2510 0004 1873 PS Fo~ 3811, Febma~ 20~ ~m~ic R~m R~I~ · Complete Items 1, 2, and 3. Also COmplete item 4 if Restricted Delivery is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mdlplsoe, ._._~.or on the front If space permits. 1. Art;de Addressed to: Peter Russo P.O. Box 2046 Greenport, NY 11944 3. Se~ce Type ~ Cectlfled Mall [] Express Mall [] Registered [] Return Recalpt for MerC I [] Insured Mall [] C.O.D. I4. ResMcted Delive~j? (EAga Fee) 3167 if Y~S, en~E~'de~h~e~/~dd~ below: [] No ed Mal~ [] P..xpme~ Mal~ Registered I'1 Retum Becalpt f~- Merchandise [] Insu._~____.~ Mall r'l C.O.D. ....... __/"-"~ 102S95412-M-1540 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name of Applicants) CTM Parcel #1000- 33 AFFIDAVIT OF MAILINGS cOLrNTy OF SUFFOLK) STATE OF NEW YORK) New York being duly sworn, depose and say that: On the_ ~'[ day of Ib4Ck¢c_J4 , ZOO'~ , I personally mailed at the United States Post Office in [4~r~ ch-~s , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true cop3, of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the~) Assessors, or ( ) County Real Property,Office , for every property which abuts and is across a public or priv~¢e street, or vehicular right-of-way of record, surrounding the applicant's property. ' (Signatur~ c/ - S~m to before me this .5~ day o~Jfl~.~ ,200/~ ¢4o ryA'u i-c) VAt.ERIE A. GILOARD NO. 01G161~8~2 PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the owner~names~nd-addresses-fm whiuh-no'ti-c'-erw~d.~rha~ik you. LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 29, 2007 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY~ MARCH 29~ 2007: 1:50 P.M. ROBERT SEELEY #5912. Request for a Variance under Section 280-116 (100-239.4A based on the Building Inspector's April 12, 2006 Notice of Disapproval concerning a proposed accessory swimming pool structure in a location at less than 100 feet from the top of the bluff adjacent to the Long Island Sound, at 1250 Sound Drive, Greenport; Rockcove Estates Lot 4; CTM 33-3-19.4. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town.Southold.ny. us. Dated: March 6, 2007. ZONING BOARD OF APPEALS JAMES DINIZIO, JR., CHAIRMAN By Linda Kowalski 54375 Main Road (Office Location) 53095 Main Road (Mailing Address) P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name of Applicants) AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- ,~ COUNTY OF SUFFOLK) STATE OF NEW YORK) ~, New York, being duly sworn, depose and s~ay that: On the. ~.1 ~'day of~,_gl~, I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place for s.even days orior to t~t date the subject hearing date, which hearing date was shown to be _ Bi ~. q [ o '1'. (Signature) Sworn to before me this day of ~ ,200ff (NotaYy Pubhc) r.,~ ~o.~, ~ ~'~7 *near the encee or driveway enhance of my prope~, ~ ~e ar~ most visible to passersby. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: LEY, R. #5912 MAP #: 33-3-19.4 APPEAL: Bluff Setback REQUEST: Swimming Pool DATE: THURSDAY, NOV. 30, 10:40 am If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 Kowalski, Linda From: Sent: To: Subject: Kowalski, Linda Tuesday, October 03, 2006 10:18 AM 'Catherine Mesiano' RE: Seeley ready for PH Cathy, In the interim, just a reminder that missing from the submission were: 7 sets of labeled photos of the staked areas of the proposed pool and existing bluff areas with the house on an angle from all directions as may be possible (and lot coverage calculations on the project description form), 7 copies of the LWRP form, when you have time. Thank you, Linda ..... Original Message ..... From: Catherine Mesiano [mailto:cmesiano@optonline.net] Sent: Tuesday, October 03, 2006 10:05 AM To: Kowalski, Linda Subject: RE: Seeley ready for PH Linda I forwarded your message to the seeley's and will let you know their response. they'll want to proceed. Thanks Cathy Catherine Mesiano, Inc. 12 Mill Pond Lane East Moriches, NY 11940 631-878-8951 cmesiano@optonline.net ..... Original Message ..... From: Kowalski, Linda [mailto:Linda. Kowalski@town.southold.ny.us] Sent: Tuesday, October 03, 2006 9:56 AM To: Catherine Mesiano Subject: Seeley ready for PH Cathy, The ZBA Department has completed the technical reviews of the above application, and the Chairwoman has authorized a public hearing to be held on November 30, 2006 - without the need in advance for Trustees or DEC approval since this can be obtained later before a building permit is filed. (You may file 7 prints of an alternative plan, engineer's report or other additional information in the interim if you had plans to do so also, without delaying the application.) We forwarded the Soil and Water Conservation District report to you and the Inconsistency Report of the LWRP Coordinator. Please let us know by October 23rd (if possible), whether or not the November 30th hearing calendar is available for you and the owners. Thank you, Linda Kowalski ZBA Office Location: 54375 Main Road (NFB 1st Floor) Mailing Address: EAST MORICHES, NY 11940 Phone/fax:631.878.8951 February 5, 2007 Zoning Board of Appeals James Dinizio, Chairman Town of Southold P.O. Box 1179 Southold, NY 11971 RE: Robert Seeley #5912 1250 Sound Drive, Greenport, New York SCTM # 1000-33-3 -19.04 FEB "/ ~007 · Dear Mr. D/nizio: Enclosed please find 7 copies of a letter prepared by Douglas Adams dated January 22, 2007 that addresses the concerns raised by the Suffolk Conservation Board relative to the bluff and purported erosion. County Soil and Water Please note Southold Board of Town Trustees approved our request for a permit at their November 2006 hearing. We respectfully request that this matter be re-scheduled for the March 29, 2007 hearing. Very t~uly yours, J Enclosures ZONING BOARD OF APPEALS~ MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net November~, 2006 Re: Town Code Chapter 58 - Public Notices for Thursday, November 30, 2006 Hearing- Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before November 14th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al.~l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailin.q address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arran.qements were made in either a written statement, or durin.q the hearin.q, providin.q the returned letter to us; AND not later than November 15th: please either mail or deliver to our office your Affidavit of Mailin.q (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later Than November 19: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver your Affidavit of Postin.q during the meeting. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Encls. ZONING BOA.KD OF APPEALS TOWN OF 8OUTHOLD: NEW YORK Lq the ~tter of the Applicat/on of A~I~IDAVIT OP SIGN POSTDq(.r Re~d. ing Po~ of 5igu upon coLu, rrY oF SUFFOLK) STAT~.. OF ~W YO~) ___~ Ncw York, ~h~ duly sworn, de~se and say that On the~day of~, ~ ~u~ly ph~ ~Towa~s o~cial Poster, with the ~ie of h~dn~ ~ud n~ of my appH~sfion uoted ~c~n, s~um~y u~n my pro~, loc~ ten (]0) feet or closer ~ file s~t or ~t-of-~y (driveway enlr~ca) - f~c~ fl~e s~t or feciug e~h s~t or n~ht~[ ~Y eu~,* ~d ~t I hereby ~fims ~at t~ Poster bas tcma~cd ~u pla~ for.s~v~ ~s~t!or to t~(~ date of the subjea h~flng d~tc, ~ich h~ing dste w~ ~ho~ to be ~ ~ ~ ~ ~ ~ BONNIE J. OOROSKI Hot~Y Public, State Ot Hew Yod~ Ho. 011)06095328, Suffolk Coont~ Term Expires July 7, 20 ~ *near the cnttancc or driver/ay entrat~c~ of my property, a.q th= are,~ most visible to pa.qser~by · Complete items 1, 2, and 3. Also complete item 4 If Reetrictad Delivery Is desired. · Print your name and address on the reverse an thet we cen return the cerd to you. · Attach this card to the back of the mailplece, or on the it'cot if space permits, 1. Article Addreesed to: Peter Russo P.O. Box 2046 Greenport, NY 11944 Ps Form 3811, FebflJary 2004 · Complete rcem81, 2, and 3. A~o oomplete Item 4 If Reetdctad Delivef~ is deeired. · F)flnt your name arid addrso8 on ~ ~ · Attach thio cen:l to the ba~k of the mallplsoe, 1. ArUele Adclme~ed to: East of Eden, LLC 230 East 85th Street New York, NY 10025 2. A~cle Number PS Form 3811, February 2004 a. Received by (F~n~Name) [] Aoem c. oeto of c~lvery O. Is dellvee/addrees dlffemn ~ml? l-lyes If YES, ente~ delivery addree~ belo~n I-1 No 3. ~r-,eftlfled Mel! [] E~3mes Mail i'~ Regl~e~K:l [] Retum Re~lpt for Memhandl# I [] Insured Mall [] C.O.D. /4. Re~ricted C~h~,? fE~a Fee) lc. [] Insu~l Mell [] O.O.D. 7005 1160 0003 4095 3532 · Complete items 1, 2, and 3. Also (x)mplete item 4 If Re~lotad Deave~y is desired. · Print your name and address on the mveme so that we cen tatum the cerd to you. · Attach this ~u'd to the back of the mallplece, or on the front if wpane permlt~. A. 81gnatum Joseph Algeri 40 Viola Drive Glen Cove, NY 11542 [] InSured Mall [] C.O.D. 4. Re.floreal Dellveoj? ~_x//a Fee) OYes 2. ,Ntlcle Number m~,,~?~,~.~.~ 7001 2510 0004 1873 6052 ! PS Form 3811, February 2004 Domestic Return Reoelpt 102595412-M-1540; ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of AFFIDAVIT OF COUNTY OF SUFFOLK) STATE OF NEW YORK) On the [~[~._da3.' of//[/(..~.-grt~2J~g ;~, I personally mailed at the United States Post Office in_ ~'. ~t~c.)q. f2Jl.~5 , New '~ ork, by CERTIFIED MAIL. RETURN RECEIIOT REQUESTED, a true copy of the attached Legal Notice in prepaid envelcJpes addressed to current oxs~ers shown on the currentfassessment roll verified from the official records on file w/th the/~. Assessors, or ( ) Count~ Real Property, Office , for evep,. properly which abuts and is across ~ public or pdv~e street, or vehicular right-of-wa,,, of re'or& stwrounding the applicant's propert~. Sworn to before me tkis ogq day of // (Notary PublicJ (Signaturo4,- ,200&, HADI HACHEM No. Qt#lllfl~d In Suffolk CouMy Comm io. exam. & oo7 PLEASE list. on the back of this Affidavit or on a sheet of paper the lot nmnbers next to the owner names and addresses for which notices were mailed Thank you. m m po~moe 10.39 p. equ~) $1 ,~ East of Eden, LLC ~230 East 85th Street New York, NY 10025 Postmar~ Here 11/17/20~6 01 pos~nmk Hem 11/1712006 ~Tro ' Joseph Aigeri ...... 40 Viola Drive I~ ~oxN. Glen Cove, NY 1542 Certified Fee ~../40 Peter Russo P.O. Box 2046 ~ox.q.o..._ Greenport, NY 11944 11/17/~ Postage Ceflifl~ Fee ~.~ TotaIPo~agoS ..... m ~=~ . 11/17/~ Theodore K~ahs 192 Sands Point Road ~t:m~ S~ds Point, NY 11050 Pete~Russo P.O. Box 2046 G-reenport, NY 11944 1000-33-3-19.3 Theodore Karahalis 192 Sands Point Road Sands Point, NY 11050 1000-33-4-1 40 Viola Drive Glen Cove, NY 11542 1000-33-3-19.5 LLC 230 East 85th Street New York, NY 10025 1000-33-3-19.25 · C~mplete items 1 2 and 3. Also .¢om~plete if~ 4 if Restricted Delivery is deslre~. · ~nf your name and address on the reverse so that we can tatum the card to you. · Attach this card to the back of the mallpiece, or on the front if space permits. 1. Article Addressed to: n Agent r-I Addressee Date of Deliver7 D. isde~tv~yeddre~sdlflefentf~xnlteml? DYes If YES, enter dailve~ address below: i--I No East of Eden, LLC 230 East 85th Street New York, NY 10025 J ~:~ Registered [] Return Re<3elpt for Memhandlse [] insured Mail [] C.O.D. 4. ResUtcted D~k,e~/? (Ex~ra Fee) []yes 2.~Num~i 7005 1160 0003 4095 3563 PS ~o'rm 3811, FebmanJ 2004 Domestic Return Receipt · Complete Items 1,2, and 3. Also complete it.epa 4 if Resthcted Delivery is desired. · print'your name and address on the reverse so that we can return the cerd to You. · Attach this cad to the back of the mailpiece, or on the flont if space permits. ~0dora Karahalis Sands Point Road $ands Point, NY 11050 Signature ~- [] Agent x [] B. Re~aived by f Pflnted Name) . Date of Dai'Nefy ~ Ce~tmed Mail [] Express Mail .Registered [] Ratum Receipt for Memhandise t[] Insured Mall [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number (Transfer from se~k~e/a,--,. --'~'F'oS~ 3811, February 2004 7005 1160 0003 4095 3549 · Complete items 1, 2, and 3. Nso complete item. 4' if Restricted Delivery is desired. · P*int your neme and address on the reveme so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permlts. 1. A~flcle Addressed to: Joseph Algeri 40 Viola Drive Glen Cove, NY 11542 If YES, enter delivery address below: nNo 4. Restricted Deltvef~? ~x~Ya Fee) I-I Yes 2. Article Number 3 5 5 6 (Tran~,fer from Mn,~ce/abe0 PS Form 3811, February 2004 7005 1160 0003 4095 Domestk: Retum Receipt · Complete item 1, 2, and 3. Also comp~te Rem 4 if Restricted Delivery Is desired. · Print'your nerne and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permlts. 1. ~ Addl~ to: Date of Deih/my ~ address dlffereat from item 17 ~yes If YES, enter delivery address belo~, n No Peter Russo P.O. Box 2046 Greenport, NY 11944 : PS Fbrm 381 1, February 2004 I ~ Ce~lfled Mall [] Ex~me~ Mall I FI RegiStered [] Retum Recelp{ for Memhandlse I-I insured Mall [] C.O.D. 4. Red.toted Delive~ (Extra Fee) [] Yes 7005 1160 0003 4095 3679 Domestic Return Receipt 10~15a° ZONING BOARD Of APPEALS TOWN Of SOUTHOLD:NEW YORK In the Matter of the Application of (Name of Applicants) CTM Parcel #1000- ~-~ 5 / c:7'. 0 ~.x AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) I, ~ ~ C~-;-"-C-~ residing at ~/~(~'~c__ , New York, being duly sworn, depose and say that: ~ .~......~ ~]~1-'~.~.~ 200~ I personal y ma led at the On the ua), ~,, , , United States Post Office in (~:3~- /~--~ , New York, by CERTIFIED MAll., RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in 'prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the~ AsSessors, or ( ) County Real Property Office ., for every property which abuts and is across a public er private street, or vehicular right-of- way of record, surrounding the applicant's property. / - (Signature)U{J S~uorn to before me this day of /~:)~, 200 (Notary Public) BRENT K. ADAMS Notary Public - State of New York No. 01AD6146341 Qualified in Suffolk County My Commission Expires May 15, 2010 PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. m m ~ [s~t rd East of Eden, LLC r- ~*,-~c~-~;~*:' 230 East 851h Street orVO~o,,~o. New York, NY 10025 ~).39 $h85 ~0.00 ~ ~4.6~ Peter Russo P.O. Box 2046 Hem Greenpo~,NYl1944 post~ge Return ~eceipt Fee (Endorsement Required) Total Potage JOS~h s~,~ ro 40 Viola Drive Here 111/09/2006 11542 Istar° 192 S~ds Point Road m [~2:~ S~ds Point, NY 11050 FROM : C MESIAMO INC FAX NO. : 631-878-8951 Now. 29 2006 O~:3~PM Pi CATHERINE ME$IANO, INC. 12 MILL PONb LANE EAST MORICHES, NY 11940 PHONE/FAX: 631 -878-8951 c-mail; cmcBiano~optenlinB.l~et RECEIVE NOV ~ 9 2006 ONING BOARD OF APPEALS FACSTMZLE TRANSMITTAL SHEET TO: FI~OM; Zoning Board of Appeals Michele Clifford FAX NUMBER; DATE; 765-9064 I1/29/2006 RE: TOTAL NO. OF PAGES ]:NCLUDIN6 COV~I~: NOTEtG/COMMENTG: The following are the affidavits of moiling for both 5eeley and Popazohariou. Both were moiled twice ofter you ~dvised us they were missing information. The second one will be notarized today. ]: will hand in the original copies at the meeting tomorrow. Also following ore the offidovits of posting which will also be notarized today and handed in tomorrow at the meeting. ~ROIq : C P1ESIANO IHC F~X NO. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of ~ iD .~ ,, -~.~ ...... (Name of Applicants) O CTM Parcel #1000--~.~ - COUNTY OF SUFFOLK) STATE OF NEW YORK) I, ?esl(angst ~ ~ , N~ Y~K ~i~ duly ~, d~ ~d ~y ~t: On ~ ~ day of ~~ ~, ~ I ~ly mil~ at t~ U~ ~ P~ ~ ~)~ /~'~ . N~ Y~ by C~TIFIED ~IE, R~ RECEI~ REQUE~D, a ~ ~ ~ ~ a[~ L~ as~m r~ v~ ~ ~e ~ ~s ~ fie ~ ~ ~, ~ ( ) ~ReaP~~' ..., ~e~ ~y ~ ~, ~i~ ~e ~i~s ~. J - ~ ~j~r~ to before me this of 200 (Notay Public) BRENT K. AOAMS Notary Public - State of New Yorl[ No. 01AD6146341 Qualified in Suffolk County My Commission Expires May 15, 2010 PLEASE list, on the back of this Affidavit or on a sbae{ of paper, the lot numbers · next to the o~ner names and addresses for 'which notices were mailed. Thank you. FAX NO. : F:~1-878-8951 TO¥~.~ O? $OUTMOLD: ~]~i~' YOKE Iu ,h~ Ma:,~ ofth~ Application COUNTY 07 SUFFOLK) STATE OF -N'EW YOP,.K) On the [..J._~ da-,, of ~J'l..,,,x~l'l~t/ 9,~>_2L 1 ....... , ;. , - rost U~e m~ ~ MO~.~ x,~.,, x-_.t ..... , .......... , . ..' '. .......... ~Q~S~D, a ~e Copy of the amchcd Le~al Notice in ~revaid enveloFes pr~- x~luch abms and is across a ¥~b ~ ur ~r~YaTM slre~ or st~o~,~ng the appn~m~ s proper, y · Sworn 'to before me ibis day of ,200 ($ibmature) (NoraD' Public ) PLEASE lisL ou ~he back of~his .~.ffida,.'fi or on a sheet of_naper the Io*. i!tmlbe~'c n,'xt to owner names and addresses for which netice~ were mai!od' Thank vou. " " LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, NOVEMBER 30, 2006 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280 (Zoning) Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY~ NOVEMBER 3072006: 10:40 A.M. ROBERT SEELEY #5912. Request for a Variance under Section 280-116 (100- 239.4A based on the Building Inspector's April 12, 2006 Notice of Disapproval concerning a proposed accessory swimming pool structure proposed at less than 100 feet from the top of the bluff adjacent to the Long Island Sound, at 1250 Sound Drive, Greenport; Rockcove Estates Lot 4; CTM 33-3-19.4. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email to: Linda. Kowalski@Town.Southold.ny. us. Dated: November 8, 2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, NOVEMBER 30, 2006 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN. put- suant to Section 267 of thc Town Law and Chapter 280 (Zoning) Code of the Town of Southold. the following public hearings will be held by the SOUTH- OLD TOWN ZONING BOARD OF APPEALS at the Town Hall. 53095 Main Road, EO. Box 1179. Southold. New York 11971-0959. on THURSDAY, NOVEMBER 30, 2006: 9:35 A.M. FRANK MELE III #5976. Request for a Variance under Section 280-15, based on the Building Inspec- tor's September 6, 2006 No ice of Disap- pr?al ~oncerning a proposed accessory swunnnng pool in a yard other than the code-required rear yard, at 305 Gardin- ers Lane, Southold; CTM 70-8-28. 9:40 A.M. JOHN and ANGELA RE1NERTSEN #5973. Request for Variances under Sections 280-15 and 280 18 (100-30A.3 and 100 33 based on the Building Inspector's August 4, 2006 Notice of Disapproval concerning a p(oposed new dwelling, accessory swim- ?lng pooI, and accessory (cabana) build- ~ng. The dwelling will be less than 50 feet from the front lot line and rear lot fine, and the swimming pool and accessory building will be in a side yard rather than the code-required rear yard. Location of Property: 590 Arrowhead Lane, Peconic; CTM 98-2-4.1. 9:45 A.M. BERIT LALLI g5978. Request for a Variance under Section 280-124 (100-2~4 based on the Building Inspector's May 15, 2006 Notice of Dis- approval) concerning a proposed addi- tion to the existing dwelling at less than the code-required 35 feet from the front lot line, at 1405 Narrow River Road, Ori- ent; CTM 27-345.3. 9:50AM. MARK MELNICK g5977. Request for Variances under Sections 280-124 and 280-116 (100-239,4B, based on the Building Inspector's August 25, 2006 Notice of Disapproval, amended November 9, 2006 concerning an addi- tion and alterations for a second story over the existing first floor of the exist- ing dwelling and addition at less than the code-required 35 ft. front yard, at 405 Private Road #3, Southold; CTM 70-6- 15. 9:55 A.M. MICHAEL F~LYNN #5975. Request for a Variance under Section 280-124 (100-244 based on the Build- ing Inspector's May 24, 2006 Notice of Disapproval) concerning a proposed addition to the existing dwelling at less than the code-required 15 feet, at 7800 Soundview Avenue, Southo!d; CTM 59- 952. 10:00 A.M. HENRY OMAN and CHRISTINA j. OMAN ~wu. iY. equest for Variances under Section 280-14 (I00- 32), based on the Building Inspector's July ~5, 2006 Notice of Disapproval con- cernmg proposed Lots i and 2 with less than the code required 80,000 square feet, less than 175 ft. of frontage/lot width along Bridge Lane, and with a proposed side yard setback at less than the code- required 20 feet from the !division line. The applicant's parcel as exists contains 1.637 acres and is located in the R-80 Residential Zone District. Location of Property: 1380 Bridge Lane, Cutchogue; CTM 85-2-5. 10:15 A.M. SERGE AND SUSAN ROZENBAUM; M. NIAMONITAKiS and E. NIAMONITAKIS #5691. quest for Variances under Sections 280~ and 280-14 (Sections 100-13 and 100- 32), based on the appliqant's request to construct and operate a farm stand with design as a building for sales of farm pro- duce and which is deemed as not meeting the definition of a farm stand, based on the Building Inspector's amended No- vember 3, 2006 Notice of Disapproval. The reasons stated in the Notice of Dis- approval are: "the proposed constnlc- tion on an 18.75 acre farm parcel with three front yards in the AC Zone, is not permitted pursuant to Section 100-32 (renumbered 280-14), which states: 'No building or pren'fises shall be used and no building or part thereof shall be erected or altered in the AC, R80 ... Distrlcts un- less the same conforms to the Bulk and Parking Schedule incorporated into this chapter witl[ the same force and effect as if such regulations were sci forth'hereh~ in full.' According to the bulk sched- ule, the proposed construction requires a front yard setback of 60 feet, and is not permitted pursuant to Section 100 13, which defines alarm stand as: 'any structure open to the weather on at least one side, USed for the sole purpose of re- tail sale of produce grown by the owner of the stand on the farm acreage within the Town of Southoldi and such struc- ture may be one-story or less, roofed or have partial wall~ and flooring but may not be completely enclosed except when the business is closed. A farm stand may not be insulated or mechanically heated or cooled by permanent equipment, A {ruck bed or trailer on wheeL*, with areas tn excess of 20 square feet displaying pro~ duce, shall be considered a farm stand.' Location of Property: 7540 Main Road (and Cedar Lane), East Marion; CTM 31-6-28.5 and 28.61 10:25 A.M. FITF, LLC #5617. Re- quest for Variances under Section 280- 18 (Bulk Schedule) for a lot proposed With less than 40,000 square feet of land area in the R-40 Low-Density Residen- tial Zone District (formerly M II), and a lot under contract of sale with the Town of Southold, proposed with an area of less than 80,000 square feet in the R 80 Residential Zone, located along the west side of Reservohr Road, Fishers Island; Suffolk County CT/vi Parcel 1000 9-8-2. 10:35 A.M. ZAHARIA PAPAZA- HARIOU & OTHERS #5974. Request for a Variance under Section 280-15, based on the Buliding Inspector's Au gust 24, 2006 Notice of Disapproval concerning an accessory swimming pool proposed in a yard other than the code required rear yard, at 2905 Private Road #1, East Marion; CTM 22-3 81 10:40 A.M. ROBERT SEELEY #5912. Request for a Variance under Section 280 116 (100 239.4A based on the Building lv~spector's 9cpr/l f2, 2006 Notice of Disapproval concerning a structure proposed at less than 100 feet from the top of the bluff adjacent to the Long Island Sound, at 1250 Sound Drive, Greenport; Rockcove Estates Lot 4; CTM 33-3-19.4. 10:50 A.M. MICHAEL and ROBIN DREWs #5929, Request for Variances under Sections 280-116 and 280-124 (100-239.4B and 100-244 based on the l}uilding lgspector's May 31, 2006 No t~ce of Disapproval) concerning a pro- posed new single-family dwelling, after dera( with setbaC proposed at less than 75 feet to the bulkhead and less than the code- requLred 15 feet on a single side yard at 7425 Nassau Point Road, Cutchogue; CTM 118-4-2. 11:00 A.M. ROY C. and ROBERT SCHOENHAAR #5764. Request for a ~r(~0n_'ance under Section 280-18 (formerly -30A.3) bulk schedule, based on the Building Inspector's May 17, 2005 No- tice of Disapproval, amended October 4, 2006 for a lot which contains less than 40,000 square feet and less than 175 feet of lot width in the R~0 Residential Zone District, and a proposed building in the B-General Business Zone District with a front yard setback at less than 100 feet from a right-of-way. Location of Prop- er~: 10300 Main Road, Mattituck; CTM 143-3-33.2, contaiuing 2.586 acres. 11:15 A.M. EDWARD FERGUS #5941. Request for a Variance under Section 280-18 (100-30A.3 based on the Building Inspector's May 3I; 2006 Notice of Disapproval) concerning a proposed single-family dwelling with a setback at less than the code-required 50 feet from the rear lot line at its closest point, at 1854 North Bayview Road, Southoldl CTM 70-12-39.3. 11:30 A.M, JAY W. GUILD #5866 (Rehearing) - Request for a Variance under Section 280 18, formerly 100-31A- 2c, based on the Building Inspector's August 30, 2005 Notice of Disapproval, amended March 1, 2006 concerning commercial agricultural greenhouses proposed in a location at less than 75 feet from the rear lot line, less than 20 feet on a single side yard, and exceeding the code limitation of 20 percent lot cov- erage on this 6-acre parcel, at 34695 C.R. 48 (a/k/a Middle Road or North Road), Peconic; CTM 68 4-19. 11:45 A.M. EAST MARION FIRE DISTRICT #5972. Request for a Vari- ance under Section 280-69 (100-162A3, A5) based on the Building Inspector's July 25, 2006 Notice of Disapproval for construction of a proposed wireless communication/telecommunications tower on property ~wned, Ieased or otherwise controlled by a special dis- trict approved by the commissioners of the special district. The proposed tower wig exceed the code limitation with a height greater than 10 feet above the average height of buildings within 300 feet of the facility, OR if there are no buildings within 300 feet, these facili- ties shall not project higher than 10 feet above the average tree canopy height in that radius measured from ground level. If there are no buildings within 300 feet of the proposed facility site, all telecom- muaication towers shall be surrounded by dense tree growth to screen views of the facility in all directions. Location of Property: 9245 Main Road, East Marion; CTM 31-3-11,31 containing 3.05 acres. The Board of Appeals will hear all persons, or their represenlatives, desk- ing~oq>e hcaid ~t~ach hearihg, andf0f desiring to submit written statements Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809. or by email: Linda.Kowalski@Town. Sotlth old.ny, us. Dated: November 13, 2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN 8118-1T 11_/16 #8118 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Dina Mac Donald of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 17th .day of November, 2006. Principal Clerk Sworn to before me this 2006 CHRISTINA VOLINSKt NOTARY PUBLIC-STATE OF NEW YORK NO. 01-VO6105050 Qualified In Suffolk County Commission Expires February 28, ')008 FILED ~w. FINAL PLAT ~ ROCKCO~ ESTA~S Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 November 15, 2006 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. 5912 (Seeley) Action Requested: Bluff Setback Within 500 feet of: ( ) State or County Road ( X ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Ruth D. Oliva, Chairwoman By:, Enclosures APPEALS BOARD MEMBER~ Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jn Michael A. Simon Leslie Kanes Weisman Mailine Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 June 20, 2006 Suffolk County Soil and Water Conservation District 423 Griffing Avenue, Suite 110 Riverhead, NY 11901 Re: ZBA File Ref. No. 5912 (Seely) Gentlemen: We have an application for a proposed in-ground swimming pool to be constructed on the bluff side of a house on property adjacent to the Long Island Sound, and shown on the enclosed site map. The public hearing on the above variance application is being held on July 27, 2006. A copy of the area map is also attached for your use and reference. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank you for your assistance. Very truly yours, RUTH D. OLIVA By: Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.norlhfork.net BOARD OF APPEALS TOWN OF SOUTI-IOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 November 9, 2006 Mark Terry, Senior Environmental Planner LWRP Coordinator Plalming Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. 5912 (Seeley) Dear Mark: We requested and received from you comments on June 27, 2006 regarding this file. However, I believe that the enclosed LWRP form was omitted from our request. Please make this a part of your file. Very truly yours, RUTH D. OLIVA By: OFFICE OF ZONING BOARD OF APPEALS Mailing Address: 53095 Main Road, P.O. Box 1179 Office Location: Town Annex-NFB Building, 54375 Main Road at Youngs Avenue Southold, NY 1'1971-0959 Emails: Lind a. Kowals ki~,,Town.So ut hold.ny.us Jayne. Martin~,Town.Southold.ny.us Lu cille. Cappabianca~,Town.Southold.ny.us http:l/southoldtown.northfork.net (631) 765-1809 (ext. 5012, 5011) fax (631) 765-9064 REPLY FORM /,~,/, ~ DATE: ~/~,?/U~ ~ TO: C. Date of Building Inspector Notice of ~sapproval: ~/~a & ~The application is incomplete for the reasons noted below. Please furnish seven (7) sets of the following by mail or by hand deliver. Thank you. ) The map submitted does not match the information on the Building Inspector's Notice of Disapproval. Please submit the amendments dated directly to the Building Department for review. If an amended Notice of Disapproval is issued, please furnish seven (7) copies with a cover letter confirming that the amended relief that is being added or revised in your request for variance(s). Thank you. (~ Missing information: OTHER/INFORMATION REQUESTED (7 sets with cover/transmittal sheet when submittinR): ( ) Filing fee is $ ; Amount due (please mail): Amount paid was: ( ) Available survey showing existing property/building details, with licensed surveyor information. ( ) Architectural map or updated survey showing dimensions of existing and proposed new construction areas, setbacks to property lines, and building lot coverage calculations. ( ) Rough diagram or sketch with building height data (# of stories and distance from ground to top of ridge (and mean height, if known); ( ) elevation from all sides; ( ) landscaping in area of construction. ('~,) Letter confirming status and date of review by other involved agencies foruresubmission comments, or copy of up-to-date agency action~.~ ~~-separate search d~k~ril 23, 1957 (Zoning~n 100-23D4), and copies of deeds dating back to creation of original lot lines for the propeAy in the unmerger request. /hank you. YOUNG & YOUNG 400 Ostrander Avenue RA,erhead, fi*~w )'ork 11901 Telephone 631- 727-2303 Facsimile 631-727-0144 admin~)~ungengineeringcom HOWARD ~ YOU_,~G, Land Sum,eyor THO.~4S C. I4'OLPERE Professional Engineer ROBERF C. T~4ST, .4rcbitect RO~4LD E. PFUHL. Landscape .4rchitect DOUGL4S E. _4D.4MS, Professional Engineer January 22, 2007 Mr. & Mrs. Robert Seeley PO Box 386 Setauket, New York 11733 Re: Robert Seeley & Barbara Seeley Lot 4, "Rockcove Estates" At Greenport, Town of Southold, New York (2006-0345) Dear Mr. & Mrs. Seeley, It was a pleasure to meet with you in my office last month to discuss your concerns regarding the above referenced property. Pursuant to your request, 1 have recently walked your property and made notes, observations, taken photographs and measurements regarding grading, drainage, and recent activities in an effort to determine the cause ofbluffdeterioration and potential future erosion problems. Together with a topographical survey and final survey performed by our office on January 5, 2007, I offer the following comments: Residence: It appears that roof run-off is directed to sub-surface drainage structures to help minimize the potential for run-offreaching neighboring properties, front, rear and side yards, as well as the roadway. The driveway surface is finished as beach stone, which is highly pervious and also aids in the reduction of run-offto the roadway. It is also clear from the site visit and our survey that you have respected the setback requirements as depicted on the building permit survey and filed map for your subdivision. Although it is apparent the vegetation within approximate 35 feet of the top of bluffhas been trimmed and pruned, the ground has not been disturbed, with exception of immediately adjacent to the new lawn. I Planning Engineering Land Sum'eying .4rchitecture YOUNG & YOUNG Beach Area: The beach area immediately adjacent to the toe of the bluffat the subject property is significantly fortified with substantial boulders and exhibits elevations higher than those characteristic of adjacent properties. This is important in that a reasonable assumption can be made that the bluffbehind the beach is protected from the headward erosion commonly caused by the wave action of winter storms. Bluff: The bluff face itself appears to have been the subject of man-made or animal-made traffic in years past and has resulted in the establishment of pathways on the slope face. Figure 1, in the appendix, represents an aerial photograph taken in 2001. prior to the construction oftbe subdivision. The photograph clearly illustrates the existence of the "gullies" mentioned by the Soil & Water Conservation District, SWCD, recommendations of July 6, 2006. These eroded areas existed prior to any construction and is most likely not the result of water ran-off fi.om the residential site, as suggested. A topographical survey further supports this assumption and goes a step farther suggesting that no significant run-off breaches the bluff. Figure 2 depicts the same area in 2004. It appears, based on a comparison of the two photographs, that the extent of erosion is unchanged. Figure 3 depicts a photograph of the conditions of the property after the construction of the residence and site improvements. This photograph shows a similar limit of erosion as the previous figures. Figure I also shows the vegetation in this area was not "wooded" as stated, but dense with briars and shrabbeD' that exists along the bluffin this area. This vegetation, although trimmed in the past, still exists as a well rooted buffer of 30 feet to more than 50 feet landward of the top of bluffand is shown in Figure 4. Figure I further depicts an area in the northwest corner that appears to be a clearing, perhaps a result of animal or human activity. Field observations confirmed that deer are currently bedding in the buffer area today. It is further stated, in the SWCD observations section, that the entire site "up to the edge of the bluff' was completely cleared of this vegetation and that the entire area oftbe backyard slopes toward the bluff. This does not appear to be describing your property. I am concerned that, perhaps, the analyst iwas observing the adjacent site. The property to the west has in fact cleared the property to the top of bluff. The property has also been landscaped and irrigated in this area. This same property has the characteristic of a rear yard that slopes toward the top of bluff. The subject property, however, exhibits topography that demonstrates a slope away from the top of bluff for the entire width of the property. In fact, as shown in figure 5, the vertical change in the area to the east can be measured in feet. The SWCD letter goes on to recommend the prompt remediation of the cause of the gullies, and to repair the eroded bluffareas. Since, in my opinion, an incorrect assessment of the cause of these gullies was made, remediation seems misguided and less urgent. The prevention of deer from specific areas has been a long time problem facing farmers in our area. The SWCD letter states that "wildlife (deer)" should be prevented from traversing the bluff face, but offers no suggestions for the implementation of such a task. The only proven deterrent, and it is not 100% effective, is a fence. The construction of a fence is justifiably frowned upon by the SWCD. Although irrelevant in some ways to your project, the adjacent property' to the west has a fence constructed at the top of bluffalong its entire width, as indicated in Figure 6. 2 Planning Engineering Land Stoa,eying Architecture YOUNG & YOUNG Swimming Pool: The proposed location of the swimming pool is 77 feet from the top of bluff. Based on map records, the house to the east is approximately 70 feet from the top of bluffand its swimming pool is approximately 5o feet from the top of bluff. The newly constructed house to the west is approximately 80 feet from the top of bluff. A properly constructed swimming pool 77 feet from the top ofbluffwill not jeopardize the stability of the surrounding area~ including the bluff. As suggested by the SWCD. care and sensible construction management should be utilized, as well as the proper management of water discharge during seasonal maintenance. In summary, it is evident that the bluff face has experienced some erosion in the past. It is also apparent that this erosion is not from construction activity on the site, but from the foot traffic of deer and other animals, and possibly people. Since this traffic has left paths and bare slopes, the area is now subject to weather erosion resulting from the rain that falls directly on it. Although the area is small, the erosion will progress, albeit slowly. The subsequent subdivision and development of this area should reduce the amount of human and animal traffic that has been traversing the slope. The number of deer utilizing the area has most likely been reduced as a significant amount of natural habitat has been eliminated by development. Attempts to vegetate these areas~ in my opinion, may do more harm than good. Certainly, these areas should be monitored for future deterioration and cautiously take appropriate steps. Other comments from the SWCD not included in this discussion, such as comments regarding a berm, irrigation, grass clipping and debris disposal, etc., are sensible and should be considered. Please feel free to contact my office should you require any additional information. Best regards Douglas Adams~ P.E., N.Y.S. Lic. No. 80897 /dea Planning Engineering Land Sur~,eying Architecture Appendix Fig~lre I Figure 2 Figure 5 Figure 6 iii FOR PCL. NO. NOTICE ~ COUNTY OF SUFFOLK (~) ~ '°~1~,, '"""~ SOUTHOLD SECTION NO PROPERTY UAP