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HomeMy WebLinkAboutTR-7421Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE.CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1st day of construction ½ constructed t/'/"Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7421 DATE: OCTOBER 20~ 2010 ISSUED TO: ROBERT & CAROL ABRAHAMS PROPERTY ADDRESS: 1300 MASON DRIVE~ CUTCHOGUE SCTM# 104-7-7 AUTHORIZATION Pursuant to the provisions o£Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on October 20. 2010, and in consideration of application fee in the sum of $250.00 paid by Robert & Carol Abrahams and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to construct approximately 89 linear feet of vinyl bulkhead to be constructe.d am. mediately landward of (and 6 to 9 inches higher than)existing t.'.~, ber bulkhead, winch ns to be cut to grade or removed upon installation of new wall, with a +/-9' easterly return in place of existing +/-3' return; backf'dl with approximately 25 cubic yards clean sand to be trucked in from an upland source; remove:and replace (in place) 3'x4' steps; and for the existing flagpole; with the condition of the installation of a 10"~Wide non-turf buffer along the landward side of the bulkhead; and as depicted on the site plan prepared by EN-Consultants, Inc., last dated November 12, 2010~ and stamped approved on November 19, 2010. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. TERMS AND CONDITIONS The Permittee Robert & Carol Abrahams, residing at 1300 Mason Drive, Cutchogue, New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustecs and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. That the work involved Will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. The Permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Clerk's Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety (90) calendar days of issuance of this permit. That the said Board will be notified by the Permittee of the completion of the work authorized. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 October 20, 2010 BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD Mr. Robert E. Herrmann EN-Gonsultants, Inc. 1319 North Sea Road Southampton, NY 11968 RE: ROBERT & CAROL ABRAHAMS 1300 MASON DRIVE, CUTCHOGUE SCTM# 104-7-7 Dear Mr. Herrmann: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, October 20, 2010 regarding the above matter: WHEREAS, EN-Consultants, Inc. on behalf of ROBERT & CAROL ABRAHAMS applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated September 29, 2010, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, in accordance with Chapter 268, said application was found to be Exempt from the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on October 20, 2010, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approve the application of ROBERT & CAROL ABRAHAMS to construct approximately 89 linear feet of vinyl bulkhead to be constructed immediately landward of (and 6 to 9 inches higher than) existing timber bulkhead, which is to be cut to grade or removed upon installation of new wall, with a +/-9' easterly return in place of existing +/-3' return; backfill with approximately 25 cubic yards clean sand to be trucked in from an upland source; remove and replace (in place) 3'x4' steps; and for the existing flagpole; with the condition of the installation of a 10' wide non-turf buffer along the landward side of the bulkhead; and as depicted on the site plan prepared by EN-Consultants, Inc., last dated November 12, 2010, and stamped approved on November 19, 2010. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $50.00 Very truly yours, j ,,, k~oo ,e rt~ '-~/~)~ President, Board of Trustees JMD/eac Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall, 53095 Main Rd. P.O. Box l 179 Southold, NY 11971 Telephone (63 I) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Please be advised that your application dated-~O~,--c:~0z ~::)/(::::) has been reviewed by this Board at the regular meeting o'~-~r~G~'-c:~qS)~ ~010 and your application has been approved pending the completion of the following items checked off below. ~//' Revised Plans for proposed project __ Pre-Construction Hay Bale Line Inspection Fee ($50.00) __ 1st Day of Construction ($50.00) __ ¼ Constructed ($50.00) ~C,J~ Final Inspection Fee ($50.00) __ Dock Fees ($3.00 per sq. ft.) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE:$ BY: Jill M. Doherty, President Board of Trustees Peter Young, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (63 I) 765-1892 Fax (631) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., October 13, 2010, the following recommendation was made: Moved by Jack McGreevy, seconded by Greta Schiller, it was RESOLVED to NOT SUPPORT the Wetland Permit application of ROBERT & CAROL ABRAHAMS to construct approx. 89 linear ft. of vinyl bulkhead and a +/-8' return in place of existing timber bulkhead; backfill with approx. 10 cy. clean sand to be trucked in from an upland source; and remove and replace (in place) 3'X 4' steps. Located: 1300 Mason Dr., Cutchogue. SCTM#104-7-7 Inspected by: Greta Schiller, Jack McGreevy, Audrey Horton The CAC does Not Support the application because the proposed 89' bulkhead was not staked. The CAC recommends removal of the bulkhead and the installation of a Iow-sill bulkhead and re-establish the marsh. In addition, the gutters and leaders on the dwelling were not connected to drywells. Vote of Council: Ayes: All Motion Carried Jill M. Dohedy, President James F. King, Vice-President Dave Bergen Bob Ghosio. Jr. John Bredemeyer P.O. Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax {631 ) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: /3'10 ROBERT & CAROL ABRAHAMS request a Wetland Permit to construct approx. 89 linear ft. of vinyl bulkhead and a +~-8' return in place of existing timber bulkhead; backfill with approx. 10 cy. clean sand to be trucked in from an upland source; and remove and replace (in place) 3'X 4' steps. Located: 1300 Mason Dr., Cutchogue. SCTM#104-7-7 T~,~S~ of area to be impacted: Itwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland P~af Town Code proposed work falls under: pt.275 Chapt. 111 other Type of Application: Wetland __Coastal Erosion __Amendment __Administrative__Emergency Pre-Submission Violation Info needed: Modifications: Conditions: E_./f_~ /¢¢/~z.ff~d/--0-r-- -.-/La ~K,n / - ~D Bergen Present Were: ~ . ' g ~J.Dohedy ~Bredemeyer . B.Ghosio, D. Dzenkowski other Form fille..gC, eut in the field by, ,7 oh,,.- Mailed/Faxed to: Date: ROBERT AND CAROL ABRAHAMS, 1300 MASON DRIVEl CUTCHOGUE Figure L Lookiug northwest at most westerly portion of+_89' existing timber bulkhead to be replaced (in-place) with vinyl Figure Z L~king n~rtheast at easter~y p~rti~n ~f +89~ existing timber bu~khead t~ be rep~aced (in-p~ace) with vinyl. ROBERT AND CAROL ABRAHAMS~ 1300 MASON DRIVE~ CUTCHOGUE Figure 3. Looking northeast over top af existing timber bulkhead to be replaced with vinyl bulkhead. Figure4. LooMng northwest at existing 2'- 3' return to be replaced with 8' return ahmg property l#te. EN-CONSULTANTS, INC. ENVIRONMENTAL CONSULTING 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com November 16, 2010 Jill Doherty, Chairwoman Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Robert and Carol Abrahams~ 950 Broadwaters Drive~ Cutcho~ue Dear Mrs. Doherty: Soutbhol~l Town Boerd of Trus'~ees As discussed at the public hearing on the captioned application, please find attached 0) copies of a project plan prepared by En-Consultants, Inc., last dated 12 November 2010, which has been revised to depict the construction of the new vinyl bulkhead immediately landward of (and 6 to 9 inches higher than) the existing timber bulkhead, which is to be cut to grade or removed upon installation of the new wall. Please note that the length of the easterly return has in turn been increased by one seaward foot so that it can close off what would otherwise become a gap between the adjacent easterly bulkhead to remain and the new +89' vinyl bulkhead to be installed landward of the existing bulkhead. Also, the volume of backfill has been increased from 10 to 25 cubic yards as necessitated by the raising of the bulkhead. Should you have any questions concerning this matter, please do not hesitate to call. Re~f~l~ ly yours, Robert E. Heiuuann Coastal Management Specialist OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Jill Doherty, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: October 15, 2010 Re: Request for Wetland Permit for ROBERT & CAROL ABRAHAMS SCTM#104-7-7 En-Consultants, Inc. on behalf of ROBERT & CAROL ABRAHAMS requests a Wetland Permit to construct approx. 89 linear ft. of vinyl bulkhead and a +/-8' return in place of existing timber bulkhead; backfill with approx. 10 cy. clean sand to be trucked in from an upland source; and remove and replace (in place) 3'X 4' steps. Located: 1300 Mason Dr., Cutchogue. SCTM#104-7-7 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 EXEMPT from LWRP review pursuant to: § 268-3. Definitions. MINOR ACTIONS item "B" which states: B. Replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site (inplace), including upgrading buildings to meet building or fire codes, except for structures in areas designated by the Coastal Erosion Hazard Area (CEHA) law where structures may not be replaced, rehabilitated or reconstructed without a permit and shoreline erosion control structures (including, but not limited to, groins, jetties, bulkheads, filled piers) located within Great Peconic Bay, Cutchogue Harbor, Little Peconic Bay, Hog Neck Bay, Noyack Bay, Southold Bay, Shelter Island Sound, Pipes Cove, Orient Harbor, Gardiners Bay, Long Island Sound, Fishers Island Sound and Block Island Sound (excluding all creeks); The proposed action is located in Broadwaters Cove. Cc: Lori Hulse, Assistant Town Attorney Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Brederneyer Town Hall, 53095 Main Rd. P.O. Box 1179 Soathold,NY 11971 Telephone (631) 765-1892 Fax (63 I) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD ._~oastal Erosion Permit Application Wetland Permit Application AmendmentFl'rans, fer/Extension ~"~Rece~ved Application: ~"~eceived Feel ~ ~-~'C-ompleted AppliCation q __Incomplete SEQRA Classification: Type I Type 11 Unlisted ~1 ~oordination: (date sent) __ LWRP Consistency Ass_qssme~t FormI~'~ll ItUt,,! ..~CAC Referral Sent: I(ll ~ ~Date of Inspection: '1 Receipt of CAC Report:- Lead Agency Determination:__ Technical Review: s/Public Hearing Held: Resolution: Office Use Only Administrative Permit I Name of Applicant ROBERT & CAROL ABRAHAMS Address 950 BROADWATERS DRIVE, CUTCHOGUE, NY 11935 Phone Number: (212) 756-2000 Suffolk County Tax Map Number: 1000 - 104-7-7 Property Location: 1300 MASON DRIVE, CUTCHOGUE (provide LILCO Pole #, distance to cross streets, and location) AGENT: EN-CONSULTANTS, INC. (If applicable) Address: 1319 NORTH SEA ROAD, SOUTHAMPTON, NY 11968 Phone: 631-283-6360 Board of Trustees Appftion GENERAL DATA Land Area (in square £eet):.17,310 SQ. FT. Area Zoning: R40 Previous use of property: 2-STORY, ONE-FAMILYDWELLING Intended use of property: 2-STORY, ONE-FAMILYDWELLING Covenants and Restrictions: If "Yes", please provide copy. Yes X No Does this project require a variance from the Zoning Board of Appeals If"Yes", please provide copy of decision. Prior permits/approvals for site improvements: Agency Date SOUTHOLD TRUSTEES #3957 Yes X No __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: Project Description (use attachments if necessary): Construct approximately 89 linear feet of vinyl bulkhead and a +/-8' return in place of existing timber bulkhead; backfill with approximately 10 cubic yards clean sand to be trucked in from an upland source; and remove & replace (in place) 3' x 4' steps, all as depicted on the project plan prepared by En-Consultants, Inc. dated September 27, 2010. Board of Trustees Appl~ion WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Maintain existing erosion control structure. Area of wetlands on lot: 0 .square feet Percent coverage of lot: 0 % Closest distance between nearest existing structure and upland edge of wetlands: N/A feet Closest distance between nearest proposed structure and upland edge of wetlands: N/A feet Does the project involve excavation or filling? X Yes If yes, how much material will be excavated? N/A .cubic yards How much material will be filled? +/-10 cubic yards Depth of which material will be removed or deposited: N/A feet Proposed slope throughout the area of operations: N/A Manner in which material will be removed or deposited: Approximately 10 cubic yards clean sand fill will be tracked in from an upland source and dumped and graded as backfill landward of new bulkhead. Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): The project entails the ordinary and routine maintenance of an existing shoreline structure, specifically the in-place replacement of an existing wood bulkhead with a vinyl bulkhead. The project will have no adverse impact on the adjacent tidal wetlands or waters of the Town. PROJECT ID NUMBER 617.20 APPENDIX STATE ENVIRONMENTAL I SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1 - PROJECT INFORMATION ( To be completed by 1Ecant or Project Sponsor) ~O~Cr~d,~5[S~RBRAItAMS BY 2. PROJECT NAME MN-CONSULTANTS, INC. ABRAHAMS BULKHEAD 3. PROJECT LOCATION: Municipality CUTCHOGUE County SUFFOLK 4. PRECISE LOCATION: Street Address and Road Intersections. Prominent landmarks etc - or provide map DESCRIBE PROJECT BRIEFLY: SEQR onstruct approximately 89 linear feet of vinyl bulkhead and a +/-8' return in place of existing timber bulkhead; backfill with ~pproximately 10 cubic yards clean sand to be trucked in from an upland source; and remove & replace (in place) 3' x 4' steps, ill as depicted on the project plan prepared by Mn-Consultants, Inc. dated September 27, 2010. 7. AMOUNT OF LAND AFFECTED: Initially 17,310 S.F. acres UEmxately 17,310 S.F. acres 8 WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? []Yes [] No Ifno, describe briefly: 9. WHAT 1S PRESENT LAND USE IN V1CINITY OF PROJECT? (Choose as many as apply.) [~Residential [~Industfial OCommercial DAgriculture [~]Park/Forest/OpenSpace [~Other(describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) [~]Yes [~]No If list name and permit / approval: yes, agency DEC, COP, DOS 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ~Yes ~No If yes, list name and permit / approval: agency I~,~S A R~J~LT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE 1S TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponsor Name~BERT E. HERRMANN, COASTAL MANAGEMENT SPECIALIST Date: SEPT. 28, 2010 Signature ~ __ If the action is a Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT (To be completed by Lead Agency). A. IDOES AC~ON EXCt~) ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If YeS. =oemlnate the review process and use the FULL EAF. B. WIU-ACTION~'~ECOORDINATF-DREVIEWAS PROVIDEDFORUNUSTEDACT~ONSiN6 NymPh617.6? ffNo, anegative I-I171"o ~' ~ ~'sh~'~a~.~e~ n~ ~ ~!~? I O. ~ ~E PR~ECT ~ ~ I~ACT ON ~E E~R~ME~A 'L ~C~lST~ ~T CUSED ~E E~SHME~ OF A ~1~ ~'RONM~ ~ (C~)? (~s, ~ale b~aF ~ ~; a~ (~ ~. ff ~, ~ ~ or ~mnm ~ ~ ~ ~ ~ ~n ~nt ~.~ ~ ~t ~ mM~ ~ ~ ~m ~n ~ a~ ad~a~ ~dm~. ~ q~ d ~ ~ ~ ~ ~ ~ ~e,deMml~ ~ ~ must e~ua~ ~ ~1 ~ ~ ~ a~ ~ ~ ~1 ~ ~ ~ ~ ~a~ of T~s~s Na~ ~ Lead ~e~ Da~ Jill M. Dohe~ ' President " Print or T~e Name of Resp~sible ~ in Lead Agen~ ~ of Respon~b~ ~r Signature of Responsible Officer in Lead Agency Signature of Preparer (l~'different from responsible officer) Jill M. Doherty. President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (63 [ ) 765-1892 Fax (63 I) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of ROBERT & CAROL ABRAHAMS COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, ~20~dr~(- ~x.ot ~. being duly sworn, depose and say: That on the 13aqday of ~F_.:ttz'SC-P~ ,2010, [ personally posted the property known as 13oo by placing the Board of Trustees official po~ter wher6 it can easily be seen, and that 1 have checked to be sure the poster has remained in place tbr eight days prior to the date of the public hearing. Date of heating noted thereon to be held Wed. October 20~ 2010 on or about 6:00 PM. Dated: (signat~ Sworn to before me this ~ day of ~ 20~/O '----.-~Nkff'ar y-,,l~ublic ' g/ NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: ROBERT & CAROL ABRAHAMS SCTM# 1000-104-7-7 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Construct approximately 89 linear feet of vinyl bulkhead and a +/-8' return in place of existing timber bulkhead; backfill with approximately 10 cubic yards clean sand to be trucked in from an upland source; and remove & replace (in place) 3' x 4' steps, all as depicted on the project plan prepared by En-Consultants, Inc. dated September 27, 2010. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 1300 MASON DRIVE, CUTCHOGUE 3. That the project which is subject to Environmental Review under Chapters 96,111 and/or 275 of the Town Code is open to public comment on: DATE: OCTOBER 20TH, 2010 ~ 6:00 P.M. You may contact the Trustees Office at 765-1892 or in writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. ROBERT & CAROL ABRAHAMS PROPERTY OWNERS NAME: 950 BROADWATERS DRIVE MAILING ADDRESS: CUTCHOGUE, NY 11935 PHONE#: 212-756-2000 AGENT: EN-CONSULTANTS, INC. MAILING ADDRESS: 1319 NORTH SEA ROAD, SOUTHAMPTON, NY 11968 PHONE #: 631-283-6360 Enc: Copy of sketch or plan showing proposal for your convenience. OF ~w~%ILING OF NOTi ATTACH CERTIFIED MAIL Name: Address: ANN &RAYMONDRAIMONDI 301EAST79THSTREET, APT. 7S NEW YORK, NY 10021 DIANE&GREGORYKRUG 3604 FARM SCHOOL ROAD OTTSVILLE, PA 18942 JAMES, JAN, PATRICIA & WILLIAM ARAM WILLIAM KATHLEEN & ROBERT FABIA 11 CHECKERBERRY LANE TROY, NY 12180 STATE OF NEW YORK COUNTY OF SUFFOLK ROBERT E. HERRMANN doing business oE EN-CONSULTANTS, YNC. 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 , being duly sworn, deposes and says that on the [~- day of ~ ~ ,20 l0 , deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at SOUTHAMPTON , that said Notices were Mailed to each of said persons by (certified) i~) mail. ~ ROBERT E. HERRMANN COASTAL MANAGEMENT SPECIALIST Sworn t~.efore me this day of ~c~LD b~ ,20 10 No,ar.y[ ~lic OFFiCiAL Oe~fied Fee Return Receipt Fee Ann & Rayond Raimondi 301 East 79th Street, Apt. 7S New York, NY 10021 .U Postage $ Ceffified Fee r--~ Retum ReCeipt Fee r~ (Endorsement Required) [:3 m ri3 ~ [$ontro Diane & Gregory Krug ~ I~,~i: 3604 Farm School Road m .,I 0¢~ C~AL ~JS I .lames, Jan, Patdcia & William Aram, Kathleen & Robert Fabia l l Checkerberry Lane Troy, NY 12180 ~rd of Trustees Applicat~n (print owner of property) AUTHORIZATION (where the applicant is not the owner) { &DY / ~Fq(q4t~ residing at q(o (mailing address) do hereby authoriZe ~--'~t--~:~/l~ {%, (Agent) to apply for permit(s) from the Southold Board of Town Trustees on my behalf. (Owner's signature) of Trustees County o f 6m~rl~ State of New York ~ //Id. ~ r~~ BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. SWORN TO BEFORE ME THIS 7 ~ DAY O~ff/l. aL ,20 MARIA A. RIOS Nota~ Public, Slate of New York .. _ / .,., ~o. 3,-4909477/Co.m . Exp. Qualilied in New Yor~ County APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics ~rohibits conflicts of interest on the t>art of town officers and emelovees. The ouroose of this form is to nrovide information which can alert the town of oossible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If "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 If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check a}l that apply): __A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or __D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS 1 Submitted t~l ~5~ay of ~ 20Wt o Signature ~ ~ Print Name ~ ~"f~t~,.d,,~-~ ' EN-CONSULTANTS, INC. ENVIRONMENTAL CONSULTING 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com September 27, 2010 Mark Terry, LWRP Coordinator Planning Board Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Robert and Carol Abrahams~ 1300 Mason Drive, Cutchogue Dear Mr. Terry: Attached please find a copy of an application being filed with the Board of Trustees for a Town Wetlands Permit to replace an existing timber bulkhead with a vinyl bulkhead in the same location, as depicted on the project plan prepared by Eh-Consultants, Inc., dated September 27, 2010. Pursuant to Town Code §268-5 ("Review of Actions") and the corresponding definitions of "action" and "minor action" by §286-3 ("Definitions"), the project meets the following definition of minor action and is thus not subject to waterfront consistency review pursuant to Chapter 268: "GG. Within all Town creeks, replacement of existing bulkhead on the applicant's property in the same location with a silt curtain deployed prior to and during construction." Therefore, I have not filed an LWRP Consistency Assessment Form with the Trustees. Should you determine the project is not exempt from waterfront consistency review, however, please let me know and I will file the form with your office immediately. Re~ yours~ Robert E. He~tmann Coastal Management Specialist cc: Lauren Standish, Board of Trustees EN-CONSULTANTS, INC. ENVIRONMENTAL CONSULTING 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www.enconsultants.com September 28, 2010 Town of Southold Board of Trustees 54375 Main Road Post Office Box 1179 Southold, New York 11971 Atm.: Lauren Standish Re: Robert & Carol Abrahams 1300 Mason Drive, Cutchogue SCTM # 1000-104-7-7 SEP 2 9 2010 Soutimld Board of Trustees Dear Ms. Standish: In regard to the above referenced property, enclosed are the following for the Board of Trustees review: Three (3) Wetland Permit Applications including: a) Short Environmental Assessment Form; b) Authorization & Disclosure Forms; c) project plans; and d) survey. One (1) set of site photographs. Application fee of $250.00 wetlands. Three (3) LWRP Consistency Assessment Forms including: a) project plan. I trust this information shall allow you to process our permit request. Should any additional information be required, please do not hesitate to contact our office. lionize 1~' Herrmann- Coastal Management Specialist /kbs Enc. EN-CONSULTANTS, INC. ENVIRONMENTAL CONSULTING 1319 No~h Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultan~.com January l3, 2011 Lauren Standish Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 2011 Re: Robert Abrahams~ Wetlands Permit No. 7421 Dear Ms. Standish: In satisfaction of Term and Condition #8 of the captioned permit, the required Declaration of Covenant was recorded in the Office of the Suffolk County Clerk on January 13, 2010. A copy of the recorded document is enclosed for your files. Respectfully2~ours, Enclosure cc: Robert Abrahams COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK CC #: C11-1226 I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in myoffice on0'111312011 under Liber D00012648 and Page 37'1 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 0'1 I'13120'1 '1 SUFFOLK COUNTY CLERK JUDITH A. PASCALE SEA[, SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE T~rpe of Instrument: DECLARATION N~m~er of Pages: 4 Receipt N~m~er : 11-0004232 District: 1000 Recorded: At: 01/13/2011 09:32:02 AM Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $20.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP-584 $0.00 NO Notation $0.00 NO Cert. Copies $5.00 NO RPT $30.00 NO Fees Paid $95.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASC~?~ County Clerk, Suffolk County LIBER: D00012648 PAGE: 371 Section: Block: Lot: 104.00 07.00 007.000 EXAMINED AND CHARGED AS FOLLOWS Number of pages This document will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage Instrument 31 Page / Filing Fee i_~_")" Handling 20. 00 Deed / Mortgage Tax Stamp FEES TP-584 Notation EA-S2 17 (County) SubTotal EA-$217 (State) R.P.T.S.A. Comm. of Ed. Affidavit NYS sur~'~rge Other 4 [Dist. 1000[~ ..... 104.00 Real Property ~ Tax Service Agency Verification 15. O0 Sub Total ~ ;~--- Grand Total ~:~ ~)"'--- 1000 10400 0700 007000 Satisfactions/u,,~, ,~. = _ RECORD & RETUI, tm ~l,,,,. En-Consultants, Inc. 1319 North Sea Road Southampton, NY 11968 Mail to: Judith A. Pascale, Suffolk County Clerk 310 Center Drive; Riverhead, NY 11901 www.suffolkcountyny.gov/clerk C7o, Lame Tite# RECORDED 20tl J~n 13 09:32:02 JUDITH ~. P~SC~LE CLERK OF SUFKOLK COUNTY L D00012648 P 37i Recording / Filing Stamps 8 Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County __ Held for Appointment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO. If NO, see appropriate tax clause on page # __ of this instrument. 5 Community Preservation Fund Consideration Amount $ CPF Tax Due $ improved VacantLand TD TD TD made Title Company Information Suffolk County Recording & Endorsement Page Declaration of Covenants (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. This page forms part of the attached by: Robert Abrahams Carol Abrahams TO In the TOWN of Southold Town of Southold In the VILLAGE Board of Trustees or HAMLEI of CutchoCue BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) DECI2IRATION OF COVENANTS THIS DECLARATION made this ~day of January, 2011, by Robert and Carol Abrahams, residing at 350 East 79th Street, Apt. llH, New York, 10075, hereinafter referred to as "DECLAPJ%NTS": NY WI TNES SETH : WHEREAS, the DECLARANTS are the owners of certain real property located at 950 Broadwaters Drive (also known as 1300 Mason Drive), Cutchogue, Town of Southold, County of Suffolk, State of New York, described in the Suffolk County Tax Map as District 1000, Section 104, Block 07, Lot 7, which is more particularly bounded and described as set forth in Schedule "A" annexed hereto, hereinafter referred to as the Property; WHEREAS, the Property is situated on lands within the jurisdiction of the Board of Trustees of the Town of Southold (hereinafter the "Trustees") pursuant to Chapter 275 of the Town Code of the Town of Southold or its successor, and various activities conducted upon the property may thus be subject to the regulation and approval of the Trustees prior to being conducted; WHEREAS, the DECLARANTS therefore made application to the Trustees for a permit pursuant to the Wetlands Law of the Town of Southold to undertake certain regulated activities;, and WHEREAS, as a condition of the granting of a Wetlands Permit to undertake such regulated activities, the Trustees required that a ten-foot wide "nonturf buffer" be established adjacent to and landward of the bulkhead on the Property, NOW, THEREFORE, the DECLARANTS do hereby covenant and agree as follows: 1) Upon the substantial completion of the aforementioned permitted activities there shall be established and subsequently maintained adjacent to and landward of the bulkhead on the Property a ten- foot wide ~nonturf buffer" as defined by Chapter 275 of the Town Code; and 2) This requirement may only be modified by the DECLARANTS, their heirs, assigns, purchasers, or successors in interest upon resolution of the Trustees. IN WITNESS WHEREOF, the owners have duly executed this instrument ~?~'~ day of ~ , 2011. this Carol Abrahams COUNT OF On the~___~_ day of ~fl~q// , in the year 2011, before me the undersigned, a Notary ~ublic in and4for said State, personally appeared Robert and Carol Abrahams, personally known to me or proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signatures on the instrument, ~he individual or the persons on behalf of which th~ individuals acted, executed the instrument. 2 MARIA A. RIOS Notary Public, State of New Yo,~k _ NO, 31.4909477/Comm. Exp. Quslilied in New YorR County ' ' SCHEDULE A All that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at East Marion in the Town of Southold, County of Suffolk and State of New York bounded and described as follows: BEGINNING at a point on the southerly side of Oak Court, now known as South Lane, which point of beginning is situate North 58° 58' 30" East 57.28 feet from the comer formed by the intersection of the southerly side of Oak Court, now known as South Lane, and the easterly side of Orchard Lane; THENCE from said point of beginning North 58° 58' 30" East 17.44 feet along the southerly side of Oak Court, now known as South Lane, to a point; THENCE South 31 o 01' 30" East 80.00 feet along other lands of the party or the first part to a point shown on map of property surveyed for Edward A. Thorp by J. H. Geideman, East Marion, Long Island, dated June. 15, 1994 revised October 7, 1994; THENCE South 85° 41' 30" East 33.55 feet along other lands of the party or the first part to a point shown on aforesaid map of property surveyed for Edward A. Thorp; THENCE South 31 o 01' 30" East 255.00 feet more or less to a point in the northerly line of Gardiner's Bay (sometimes called Peconic Bay) at ordinary high water mark, distant 110.00 feet southwesterly from the point or intersection of said line of Gardiner's Bay and the westerly line of land formerly ofAntone Furst, now or formerly of Thieringer; RUNNING THENCE Westerly along the said line of Gardinar's Bay at ordinary high water mark 50.00 feet more or less to a point; THENCE North 31 o 01' 30" West 370.00 feet more or less to a point on the southerly side of Oak Court, now known as South Lane, the point or place of beginning. Said parcel of property is shown as Parcel" 4" on said map of property surveyed for Edward A, Thorp at Gardiner's Bay Estates, East Marion, Town of Southold, New York, by J. H. Geideman, Licensed Land Surveyor, dated June 15, 1994 and revised October 7, 1994. BEING AND INTENDED TO BE part or the premises conveyed to the party of the first part by deed dated September 2, 1993 and recorded at the Office of the Clerk of the County of Suffolk in Liber 11653 of conveyances at Page 087. MARTIN D. FINNEGAN TOWN ATTORNEY mar~in.finnegan@town.southold.ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jennifer.andaloro@town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse@town.southold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 Robert E. Hcmnann Coastal M~nagement Specialist 1319 North Sea Road Southampton, NY 11968 December 28, 2010 RE: Robert and Carol Abrahams, Wetlands Permit No. 7421 Dear Mr. Herrmann, I have reviewed the Declaration of Covenants drait you submitted to this office with respect to thc above referenced applicant concerning the ten foot wide non-turf buffer to be established adjacent to and landward of the existing bulkhead. The covenants and restrictions document must be executed and filed with the County pursuant to §275- 10(K) of the Southold Town Code. Please note that a copy of this document or, in the alternative, a sworn statement attesting to the filing is to be presented to the Office of the Board of Trustees within 90 days of issuance of the permit. Regards, Assistant Town Attorney Cc: Board of Trustees EN-CONSULTANTS, INC, 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 1"=40' $outhh~,H r~ of T'uste~s LITTLE HOG NECK ~A$$AU 2 SURVEY OF PROPERTY S£TUA TE PECONIC TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-104-07-07 SCALE 1"=20' JULY 1, 2010 AREA = 17,310 sq. ff. (TO BULKHEAD) 0,397 ac. NOTE: DEED REFERENCES ARE TO DEED LIBER 11958 PAGE 567. x, THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. N.Y.S, bc. No, 50467 Nathan Taft Corw~n III Land Surveyor PHONE (651)727-2090 Fox (631)727-1727 30-15: