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TR-7671
John Bredemeyer, President $WDI Michael J. Domino, Vice -President �c°°y� James F. King y Charles J. Sanders s Dave Bergen Town Hall Annex 54375 Route 25 P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 Southold Town Board of Trustees Field Inspection/Work Session Report Date/Time: U > �- 0 �✓ P' Compliance Inspection of CHRISTOPHER & MAIRI YOUNG for the condition under Wetland Permit #7671 for a minimum two-year survivability of the newly planted trees and understory. Located: 470 Willis Creek Drive, Mattituck. SCTM# 115-17-17.11 Type of area to be impacted: C a 'C- A::�- Saltwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland a Part of Town Code proposed work falls under: o-,Chapt.275 Chapt. 111 other Type of Application: Wetland Coastal Erosion Amendment Administrative Emergency Pre -Submission Violation Notice of Hearing card posted on property: Yes No 4`�Not Applicable �r Storm Water Management Review: Yes No Not Applicable Info needed: /'� �) die Modifications: Conditions: / S 7-yj/2 IF r.> /*Z)a ,, ' ed/�'Of G1 S Present Were: J. Bredemeyer M. Domino "J. King C. Sanders D. Bergen Bay Constable Other Form filled out in the field by Mailed/Faxed to: Date: John M. Bredemeyer III, President Michael J. Domino, Vice -President James F. King, Trustee Dave Bergen, Trustee Charles J. Sanders, Trustee �OF SoV%yO Town Hall Annex 01 0 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 col O �Q Telephone (631) 765-1892 Fax (631) 765-6641 COU ,� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 0961 C Date: March 25, 2014 THIS CERTIFIES that the construction of a 4'x8' extension to the existing 4' wide fixed catwalk with a 4'x12' fixed "T" section at terminal end thereof, construct a 16'x32' in - ground raised swimming pool with dMell; raised masonrvpatio-, an outdoor shower; masonry retaining walls around west and south sides of pool; pool enclosure fencing; establish and subsequently maintain an 8' wide non -turf buffer and a variable width (+/-32' - +/-71') approx. 11�699sq.ft. Non -Disturbance buffer with a 2-vear survivabilitv on the newlv planted trees and understory At 470 Willis Creek Drive, Mattituck, New York Suffolk County Tax Map # 115-17-17.11 Conforms to the application for a Trustees Permit heretofore filed in this office Dated August 30, 2011 pursuant to which Trustees Wetland Permit #7671 Dated October 19, 2011 was issued and Amended on June 19, 2013 and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for the construction of a 4'x8' extension to the existing 4' wide fixed catwalk with a_4_'x12' fixed "T" section at terminal end thereof. construct a 16'x32' in - ground raised swimming pool with drywell; raised masonry -patio; an outdoor shower; masonry retaining walls around west and south sides of pool; pool enclosure fencing; establish and subsequently maintain an 8' wide non -turf buffer and a variable width (+/-32' - +/-71') approx. 11,699sg.ft. Non -Disturbance buffer with a 2-vear survivabilitv on the newly planted trees and understorv. The certificate is issued to CHRISTOPHER & MAIRI YOUNG owner of the aforesaid property. Authorized Signature • John M. Bredemeyer 111, President Michael J. Domino, Vice -President James F. King Dave Bergen Charles J. Sanders • o�gUFFQ(,� o� CAat oN*0491*t4%9 BOARDOF TOWN TRUSTEES TOWN OF SOUTHOLD DATE OF INSPECTION: MOft Z `1 j �j C____6. 275 Ch. 111 INSPECTION SCHEDULE Pre -construction, hay bale line/silt boom/silt curtain 1 st day of construction % constructed Project complete, compliance inspection. INSPECTED BY: o!y 16�✓ COMMENTS: '-?a/i/FZ-vo*t S Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 TO fed,,,? CERTIFICATE OF COMPLIANCE: 1IL11 /-.,*V PC) Town of Southold ---3845 _ 3 4 5 Suffolk County, NY The People of the State of New York vs. LAST N (DEFENDANT) FIRST NAME MIDDLE INITIAL u fnr,s�--Ost STREET ADDRESS � APT NO 3 P Cm ATE Zip UCEI4SE OR REGISTRATION NUMBER 0 $ � STATE TYPE OF LICENSE DATE EXPIRES SEX DATE OF BIRTH OPERATOR tv ITOWNS VEHICLE OYES ONO THE OPERATOR OR REGI ERE OWNER OF VEHICLE DESCRIBED BELOW PLATE NO. DATE EXPIRES 71 STATE PLATE TYPE �(.�''�(� ❑ N.Y. ❑ N.J. ❑ N.Y. ❑ N.J. ❑ ❑ PASS ❑ COMM ❑ VEHICLE MAKE ❑ DODGE ❑ BUICK ❑ CHEV ❑ CADILLAC ❑ PONTIAC ❑ FORD ❑ OLDS ❑ PLYM ❑ TOYOTA ❑ VOLKS ❑ BODY ❑ 2 DR ❑ 4 DR ❑ BUS ❑ MCY ❑ S.W. TYPE ❑ TRUCK ❑ TRAILER ❑ VAN ❑ VIN NUMBER THE PERSON DESCRIBED ABOVE IS CHARGED AS Fn1.1 rmm THE ABOVE NAMED DEFENDANT DID ON THE STATED DATE, TIME AND PLACE • �'� Ia. 6 Sf% lip a 4w— rem 4e t The Foregoing is based on (pemnal lawwlatlp•) and/or (rdonndon & bel". the some bNrq the a0aNwd sworn depoob") of dated PARKING SCHEDULED FINE $ CONTACT COURT ❑ THE PERSON DESCRIBED ABOVE IS SUMMONED TO APPEAR AT SOUTHOLD TOWN JUSTICE COURT, S709S ROUTE 25, SOUTHOLD, NY 11971 DATE APPEIAANCE 9107 FOR7V&�"}rA/ ON I ► 3 AT FALSE STATEMENTS HEREIN ARE PUMSFMLE AS A CLASS A MISDEMEANOR PURSUANT TO SECTION 210.45 OF THE P.LN.Y.S. COMPLAINANT DATE �H-o6-1 BADGE M copy James F. King, President Bob Ghosio, Jr., Vice -President Dave Bergen John Bredemeyer Michael J. Domino 0 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD 0 Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 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 151 day of construction % constructed Project complete, compliance inspection James F. King, President Bob Ghosio, Jr., Vice -President Dave Bergen John Bredemeyer Michael J. Domino June 19, 2013 Christopher & Mairi Young 470 Willis Creek Drive Mattituck, NY 11952 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD RE: CHRISTOPHER & MAIRI YOUNG 470 WILLIS CREEK DRIVE, MATTITUCK SCTM# 115-17-17.11 Dear Mr. & Mrs. Young: • Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax(631)765-6641 The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, June 19, 2013: RESOLVED, that the Southold Town Board of Trustees APPROVE the Administrative Amendment to Wetland Permit #7671 to re -vegetate the Non -Disturbance buffer area with six (6) white spruce trees and five (5) American holly bushes; with the conditions that there be a minimum 2 -year survivability on the newly planted trees and understory; and proposed trees to be no less than 2.5" in diameter; and as depicted on the revised project plan prepared by Christopher Young, received on May 24, 2013 and stamped approved on June 19, 2013. Any other activity within 100' of the wetland boundary requires a permit from this office. This is not a determination from any other agency. If you have any questions, please call our office at (631) 765-1892. Sincerely, : 4-92� — Bob Ghosio Vice President, Board of Trustees Gre]ra, , 160 tit YM` ATn r DOCK c$ A 3 LN LN Fe 3e 0 �p 0 N CCS Oo I„ 0 N u Tw o LOT 10 p o zm E@ m 219.37' g mHx <9 me v C. ON. U) N 1.0000"uEi 1 1 1 1 I 6yi % o PROPOSED B' ANIDEI NON—TURF BUFFER L ( tm O I w l 1-ma81, 1 I y a 1 yr.,"r, �Oa,�i1 ---_SOX leas' nP, m OO la ].Opp m 0 � p.21 C1 � O . CP. � b �.�im fii •N�� x �1 �l. 0w� F � �T''� 3A O= 1 33' ' v o— w b Fb ss �oo',p'1�}� (2) A/C ' r0 s m LOT AL dL Z cll sr , , t $" sem. \ wmw,l.;E�_` o om x I / / \\ N//11 O A�I I nAG Ij ":$a noa rc.1az I � ID L'J Ix f zea J I w ✓`1 I T 1 1 +. I , • - •5` •. . '{ Fxlmxc BElcuN 0 � i \ i I 1 � I .{ A •: eLocrc culls �= . - a Do ODcrc z Ab $ '� C7 1I /@ ':- ��': _,Nt ?• �`,.�k EXIST: APHI,A4. $ ASPHLLT N \/ o�/ � I II y1N \ • '�ervLwnv . 1 .� �` g� � 10 i / a \\ a, m �•1 I O°IN Mt 4 E SURVEY OF LOT 11 MAP OF HARBOR VIEW AT MATTITUCK FILE No. 8377 FILED AUGUST 21, 1987 SITUATE MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-115-17-17.11 SCALE 1"=30' AUGUST 29, 2010 NOVEMBER 11, 2010 ADDED TOPOGRAPHICAL SURVEY DECEMBER 1, 2010 ADDED SOUNDINGS BY DOCK JUNE 3, 2011 ADDED PROPOSED POOL AUGUST 24, 2011 REVISED PROPOSED POOL TOTAL AREA = 44,453 sq. ft. (TO TIE UNE) 1.021 OC. UPLAND AREA = 40,930 sq. ft. WETLANDS AREA = 3,523 sq. ft. (TO THE UNE) EXISTING LOT COVERAGE OVER TOWN OF SOUTHOLD BUILDABLE LAND (BUILDABLE LAND= UPLAND AREA NOT INCLUDING 12' DRAINAGE EASEMENT) (BUILDABLE LAND= 38,353 sq. ft.) DESCRIPTION AREA % LOT COVERAGE EXIST. HOUSE AND % LOT COVERAGE EXIST. HOUSE AND ROOFED PORCH, 2,846 sq. ft. 7.4X PROPOSED LOT COVERAGE OVER TOWN OF SOUTHOLD BUILDABLE LAND (BUILDABLE LAND= UPLAND AREA NOT INCLUDING 12' DRAINAGE EASEMENT) (BUILDABLE LAND= 38,353 sq. ft.) DESCRIPTION AREA X LOT COVERAGE PORTION OF PROPOSED % LOT COVERAGE EXIST. HOUSE AND INGROUND POOL 264 sq. ft. 1.9% PORTION OF PROPOSED 2,846 sq. ft. 7.4% ROOFED PORCH, TOTAL PROPOSED 769 sq. ft. PROP. POOL 512 aq. ft. 1.3% PROP. RAISED w v POOL PATIO 1,033 sq. ft. 2.7% PROP. OUTSIDE SHOWER 28 sq. ft. 0.1% TOTAL PROPOSED 4,479 aq. ft. 11.5X PROPOSED LOT COVERAGE OF NYSDEC ADJACENT AREA BY IMPERVIOUS SURFACE (AREA BETWEEN WETLANDS AND 1994 10' CONTOUR UNE 15.192 sq.ft.) DESCRIPTION AREA X LOT COVERAGE PORTION OF PROPOSED INGROUND POOL 264 sq. ft. 1.9% PORTION OF PROPOSED 485 sq. ft. 3.2% MASONRY PATIO TOTAL PROPOSED 769 sq. ft. 5.1% 71 34'35'cA OZ 1100 LOT f2 R: ac NOTES: 1. ELEVATIONS m 1 C o VATIONS ARE REFERENCED TO N.A.V.D. 1988 DATUM o 0 EXISTING ELEVATIONS ARE SHOWN THUS:m _-- tet] EXISTING CONTOUR LINES ARE SHOWN THUS: — —s----- " T. F.FL - ... RCOR GMNX RUMR TB p ��COV� W�YoOR do D TBCC _ 3DTRON Of CURB .FLOOD ZONE INFORMATION TAKEN :ROM: m + FLOOD INSURANCE RATE NAP NO. 36103COM2H MAY 2 4 2013 ZONE AD BASE FLOOD E ATONS DETERMINED ZONE X': AREAS OF 0.25 ANNUAL CHANCE FLOOD: AREAS OF IN ANNUAL CHANCE FLOOD WITH AVERAGE DEPTHS OF LESS THAN 1 FOOT OIIfhOld TOW. OR WITH OMiNACE AREAS LESS THAN 1 SQUARE MILE: AND AREAS PROTECTED BY I£VEES FROM 1% ANNUAL CHANCE FLOOD. ZONE %: AREAS DETERMINED TO BE OUTSIDE THE 13.2S ANNUAL CHANCE MUMDPI.A. 3. APPROXIMATLY 55 cu. yds. OF FILL NEEDED TO RAISE GRADE AROUND PROPOSED POOL TO BE GENERATED FROM POOL EXCAVATION. AM.END Menff W�i&A ..-PP�RM-I� W* }-M�21tTlrlf2'NcfIY • L.rI-vITESmite UNAUTHORIZED ALTERATION OR AODMON TO THIS SURVEY IS A AOIATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATOR UW. COPIES OF THIS SURVEY MAP NOT SEMUNG THE _AND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SH NOT BE CONSIDERED TO BE A VALLA TRUE COPY. CEROFlGTIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TRLE COMPANY, CAVERNMENTAL AGENCY AND LENDING INBDTUIION USTED HEREON. AND TO THE ASSIGNEES OF THE (ENDING INm— TUIION. CERIIECATIONS ARE NOT TRANSFFRMB . THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TIRE SURVEYS AS ESTABLISHED BY THE LIA.LS. AND APPROVED AND ADOPTED FOR SUCH USE BY THE NEW YORK STATE LAND TOLE ASSOCIATION. >t ><F r�yr 0 s 000 D fn w v 0M v AM.END Menff W�i&A ..-PP�RM-I� W* }-M�21tTlrlf2'NcfIY • L.rI-vITESmite UNAUTHORIZED ALTERATION OR AODMON TO THIS SURVEY IS A AOIATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATOR UW. COPIES OF THIS SURVEY MAP NOT SEMUNG THE _AND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SH NOT BE CONSIDERED TO BE A VALLA TRUE COPY. CEROFlGTIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TRLE COMPANY, CAVERNMENTAL AGENCY AND LENDING INBDTUIION USTED HEREON. AND TO THE ASSIGNEES OF THE (ENDING INm— TUIION. CERIIECATIONS ARE NOT TRANSFFRMB . THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TIRE SURVEYS AS ESTABLISHED BY THE LIA.LS. AND APPROVED AND ADOPTED FOR SUCH USE BY THE NEW YORK STATE LAND TOLE ASSOCIATION. >t ><F James F. King. President Bob Ghosio. It Vice -President Dave Bergen John BredemeNer Michael J. Domino Date/Time F-1 Southold Town Board of Trustees Field InspectionMork Session Report P.O. Bos 1179 Southold, NY 11971 Telephone (631 765-1892 Fax (631)765-6641 CHRISTOPHER & MAIRI YOUNG request an Administrative Amendment to Wetland Permit # 7671 to re -vegetate the Non -Disturbance buffer area with six (6) white spruce trees and five (5) American holly bushes. Located: 470 Willis Creek Drive, Mattituck. SCTM# 115-17-17.11 j/_Type of area to be impacted: — Saltwater Wetland Freshwater Wetland Sound _Bay Distance of proposed work to edge of wetland Pare Town Code proposed work falls under: _Chapt.275 Chapt. 111 _other Type of Application: Wetland _Coastal Erosion _Amendment —Administrative—Emergency Pre -Submission Violation Info needed: Modifications: Conditions: Present Were: J. Ki —B. Ghosio D. Bergen, J Bredemeyer Michael Domino D. Dzenkowski other Form filled outp' th fie, eld-by Mailed/Faxed to: Date: James F. King, President Bob Ghosio, Jr., Vice -President Dave Bergen John Bredemeyer Michael J. Domino FAX 0 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1592 Fax(631)765-6641 To: 7 fez From: Fax: 7G� ,2 7000' Pages: (including cover) Phone: Date: Re: YOLM4 VOW? or) CC: • Comments: The Board of Trustees went out for a final inspection to the property located at 470 Willis Creek Drive, Mattituck; SCTM# 115-17-17.11; owners are Christopher & Mairi Young. The Board discovered that the homeowner has cleared several trees within non -disturbance buffer and non -turf buffer areas. There was a permit issued October 19, 2011 with these buffers conditioned in that permit. The board would like a violation issued regarding the clearing. I am faxing over the permit information to your office. Thank you. ❑ 115.17-1 Zll 473889 Southold Active R, 1 S'dr, iol. Mattituck Schoo Young, Christopher F II r 2013 Curr Yr 1 Family Res JWtrtt LardXv 2,500 470 Willis Creek Dr L n 'iae. 1.07 acres T t I P. 12,100 Rarr_e1115.-17-1%.11 Owner Tn. Elill Mlnillrl l,'"ddrna 3rdF511t - '.ddreas B.mo Hiter',: Total 2 Owner, 1 o open, click the, appropriate. row ([tight Click to Add) y - es.srnerlt pec Dist(e) - Main Young r nerT:/rre Addrtronal ,. p�,iq StaUas. Descnptinn - iwner(s) rrltg `: 1'13 Last Name/ Company Fit .tNerne b1I Jr Hr_etr Site(1)Res 1.61 06/30il LI `Young Christopher 1 -Site (1) Re's Attention To /In Cern A Addifi,nal Address'. S51e68j36/02 Street No Rrefir Dir. SU'eet/ Rural Route St Soni,: Poet Dir Unitldarnn_ Llnit Pdn_ 53 'Hewlett Ln Pn BoxNn CitvjoO .rrr. State.- Zip Code " Port Washington NY 11050- '.Country-enterit not IDSA" B,,t Cd. Fjwnership. e g Life Usa 4ovner Type. P Primary �. James F. King, President Bob Ghosio, Jr., Vice -President Dave Bergen John Bredemeyer Michael J. Domino DATE OF INSPECTION: Ch. 275 0 .0 Town Hall, 53095 Main Rd. P.O. Box 1179 i Southold, NY 11971 Telephone (631) 765-1892 iD0 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Ch. 111 INSPECTION SCHEDULE Pre -construction, hay bale line/silt boom/silt curtain 15t day of construction '/z constructed Project complete, compliance inspection. I l.,. INSPECTED BY: COMMENTS: CERTIFICATE OF COMPLIANCE: 16 tee^ a r t ��t�J y a4�ti .' i•A� J 1 .0 E ���■■�■ �� i a • i a X` N � J e r 3 aft ilpl, Lc_ - i � 4}a, � ._ .. �,�'*'^'".:r •e�• �; fir- -.. Y � ��� Ir • a,. ff.� L'A} .'•..y .. v �F ';�T�'l }'�r � �C,�+r. 1 '1 a � .`V' 'fir.'_ :. 'a!�' � ••� jI �'6 • �. ,.F R'��.i T ' � •1W 1�YT'fF IL y� i -.al' -hit 4abtw."' E'M'S 4A -.al' -hit 4abtw."' E'M'S now: •��� u'Ir iiii Lilt"' AW71 3 • �EWCONSULTANTS ENVIRONMENTAL CONSULTING September 27, 2012 Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 Attn.: Elizabeth Cantrell Re: Christopher YounE. Wetlands Permit No. 7671 Dear Ms. Cantrell: • 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www.enconsultants.com SEP 28 SeCr.;;c: Iraa RLem 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 September 27, 2012. A copy of the recorded document is enclosed for your files. Resp ctfully yours, m tephen; " Enclosure cc: Christopher Young CC #: C12-37691 COUNTY CLERK'S OFFICE STATE OF NEW YORK SEP 2 8 2012 COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on 09/27/2012 under Liber D00012706 and Page 532 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 09/27/2012 SUFFOLK COUNTY CLERK JUDITH A. PASCALE SEAL I IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII IIII II�� JUDITH A. PASCALE County Clerk, Suffolk County IIIIIIIIIIIIIIIIIIIIIIIII SEP 28 2012 SUFFOLK COUNTY CLERK. RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 09/27/2012 Number of Pages: 5 At: 09:15:56 AM Receipt Number : 12-0111530 LIBER: D00012706 PAGE: 532 District: Section: Block: Lot: 1000 115.00 17.00 017.011 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $25.00 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 $5.20 NO RPT $60.00 NO Fees Paid $130.20 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County Ah Ak This page forms part ofthe attached Declaration o[Covenants (SPECIFY TYPE OF INSTRUMENT) Christopher Young The premises herein issituated in SUFFOLK COUNTY, NEW YORK. TO IntheTOWNof Southold — lown of Southold |nthe VILLAGE — Board of Trustees nrHAMLET of Mattituck BOXES 6TMRU8 MUST DETYPED 0KPRINTED |NBLACK INK ONLY PRIOR T0RECORDING 0RFILING. made Number of pages SEP 12 8 2012 (lot kurient will ht- pki[)Ii( Deed / Mortgage Instrument Deed Mortgage Tax Stamp Recording Filing Stamps 3 FEES Mortgage Amt. Page / Filing Fee 1. Basic Tax Handling 20. 00 2. Additional Tax TP -584 Sub Total Notation Spec./Assit. or EA -52 17 (County)_ Sub Total Spec. /Add. EA -521 7 (State) TOT. MTG. TAX Dual Town Dual County R.P.T.S.A. Held for Appointment Transfer Tax Affidavit Mansion Tax The by REDCertified property covered this mortgage is Copy or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES or NO Other '?v Grand Total L) If NO, see appropriate tax clause on page # — of this instrument. 4 1 Dist. 1000 11500 1700 017011 )11 5 Community Preservation Fund A) Tax Service (R poL Verification Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Vacant Land TD 1319 North Sea Road TO Southampton,NY 11968 TO Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name 8 Suffolk County Recording & Endorsement Page This page forms part ofthe attached Declaration o[Covenants (SPECIFY TYPE OF INSTRUMENT) Christopher Young The premises herein issituated in SUFFOLK COUNTY, NEW YORK. TO IntheTOWNof Southold — lown of Southold |nthe VILLAGE — Board of Trustees nrHAMLET of Mattituck BOXES 6TMRU8 MUST DETYPED 0KPRINTED |NBLACK INK ONLY PRIOR T0RECORDING 0RFILING. made DECLARATION OF COVENANTS SEP 2 8 2012 THIS DECLARATION made this day of 77 , 2012, �by Christopher Young!! residing at 53 Hewlett Lane, Port Washington, NY 11050 hereinafter referred to as" DEC LARANT": WITNESSETH: WHEREAS, DECLARANT is the owner of certain real property located on Willis Creek Drive, Mattituck, Town of Southold, County of Suffolk, State of New York, described in the Suffolk County Tax Map as District 1000, Section 115, Block 17, Lot 17.1 I, 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 DECLARANT therefore made application to the Trustees for a permit pursuant to the Wetlands Law of the Town of Southold to undertake certain regulated activities; and WHEREAS, as a condition of the granting of a Wetlands Permit to undertake such regulated activities, the Trustees required that an eight (8) foot "nonturf buffer" and a variable width (±32' to ±71'), approximately 11,699 square foot "non -disturbance buffer" be established and subsequently maintained on the property as depicted on the site plan prepared by Nathan "Taft Corwin 111, L.S., last dated August 24, 2011, and stamped approved on October 19, 2011, hereinafter referred to as "The Approved Plan", a copy of which is attached hereto as Schedule "B", NOW, THEREFORE, the DECLARANT does hereby covenant and agree as follows: l) Upon the substantial completion of the aforementioned permitted activities there shall be established and subsequently maintained an eight (8) foot "nonturf buffer" and a variable width 0 .I (+32' to ±71'), approximately 11,699 square foot "non -disturbance buffer", as defined by Chapter 275 of the Town Code, all as depicted on "The Approved Plan", which is attached hereto as Schedule B; and 2) These covenants shall run with the land and shall be binding on the DECLARANT. his heirs, assigns, purchasers, or successors in interest and may be modified only upon resolution of the Board of Trustees. IN WITNESS WHEREOF, _4, 2012. the owners have duly executed this instrument this S day of STATE OF ss: COUNTY OF NOS, -SO Ll On the day of Sri , in the year 2012, before me the undersigned, a Notary Public in and for said State, personally appeared Christopher Young 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 on behalf of which the individual acted, executed the instrument. "W414-4 4i1/i Notary Public SUSAN WILLIAMS Notary No. 01 State of W York WI6206000 Qualified in Nassau County Commission Expires May 11, 2013 SCHEDULE A ALL, that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattituck, Town of Southold, County of Suffolk, and State of New York, known and designated as Lot No. 11 on said map entitled "Map of Harbor View at Mattituck" filed in the Office of the Clerk of the County of Suffolk on August 21, 1987 as Map No. 8377 and being bounded and described as follows: BEGINNING at a point on the westerly line of W illis Creek Drive where the same is intersected by the common division line between Lots 10 and I I on the above captioned map: RUNNING THENCE along the westerly line of Willis Creek Drive the following 2 courses and distances: 1) South 1 degree 44 minutes 50 seconds East, 149.74 feet; 2) Southerly on an arc of a curve to the left having a radius of 347.09 feet, a distance along said arc of a curve 64.68 feet to the division line between Lots I I and 12 on the map; THENCE South 77 degrees 34 minutes 35 seconds West along said division line, 198.07 feet to the waters of a creek; THENCE along the lines which mark the waters of the creek: 1) North 20 degrees 35 minutes 04 seconds West, 85.29 feet; 2) North 00 degrees 32 minutes 55 seconds }last, 90.96 feet; 3) North 10 degrees 34 minutes 25 seconds West, 51.69 feet to the division line between Lots 10 and 11: THENCE North 81 degrees 00 minutes 00 seconds East along said division line 222.23 feet to the westerly line of Willis Creek Drive the point or place of BEGINNING. 0 SCHEDULE B 0 11 /'Icbd' vY5'pn" PNICIna;op lu __ r q e f�rvve u / rN1n ��tiP. I'JFxYl�>Is�fF d�.iPl. �d VVd; �Fr: WILLIS CREEK DRIN 12' MAMGi USA _— _Z—� --_—___- APPROVEM BOARD OF TRUST I"OWN OF SOUTH ATE rhe 1 • i SIOIm "AM IME t 6AMM mm E OMIFIM'1 1 " = 50' E ` _ a A 4 4 EK GED CRE CPS-Ex O DEEP HOLE PROP05R9 F102 POCK MVN51ON FOP CHM5TOP1fP YOUNG ON MP09 CANAL. TO MP HOL, CITM, MAM UCK, 5LIFFOLK COUNTY, NY 9fff I OF 2 8-19-11,10-19-11 4 E N - CONSULTANTS 1319 NORTH SEA RD. SOUTHAMPTON, NY 11968 631-233-6360 5dTdC CLUk Hag5trm Map 25 11. a + 5000 EX. 1' 40' sy.0 EX. tYt�Ej(,4FiXE0 G`E T'MA�1 ' � •, x 112' nXEo Notes: 1. Purpose: Exterd a, fixed dak for wnprmed private, naraenerc al boat dakav 2. Datum: &W 3, 5Vpert posts and structtral timbers to be CCA treated; deckwq to be fiberglass -reinforced, open -grate ( lhru-floom or swmla- proact) 4. Pak to be egWpped with water ad electric serwce and a nangatkn 1* 5, Water depths ( refererced to low water) trar,cr bed from hydrocipoic suvq prepared bi Nathan T. Corwin, III, last dated .ire 3, 2011 6. Project location: 470 Wdhs Creek Prive. Mama, NY; 5CTM No. 1000-115-11-1-7.11 0 5�CTION 1HPU Pp0P05�19 POCK pFPLACFMFNf & FMN51ON 10' +_ 63,5' FIX P CATWALK PPOFI 12' KIXFP POCK MN510N 12 r --8'I---, FOR 4'WICJF FI9b 'T' I im 411 x 4" 5LPPOkr rO5T5 ,Z.,-611 EM � � 76� 7N Q 0 7C � O z CCC Q zl Q 5�CTION 1HPU Pp0P05�19 POCK pFPLACFMFNf & FMN51ON 10' +_ 63,5' FIX P CATWALK PPOFI 12' KIXFP POCK MN510N 12 r --8'I---, FOR 4'WICJF FI9b 'T' I im 411 x 4" 5LPPOkr rO5T5 ,Z.,-611 EM � � TIN D. FINNEGAN • SCOTT WN ATTORNEY s marti '.5 egan@townouthold.ny.us aOF SOU A. RUSSELL Supervisor Ol O� IFER ANDALORO O Town Hall Annex, 54375 Route 25 ASSISTANT TOWN ATTORNEY P.O. Box 1179 jennifer.andaloro@town.southold.ny.us G b.- Southold, New York 11971-0959 • �O O� LORI M. HULSE Ap Telephone (631) 765-1939 ASSISTANT TOWN ATTORNEY CQU ��•`- Facsimile (631) 765-6639 lori.hulse@town.southold.ny.us OFFICE OF THE TOWN ATTORNEY ` I t7—/7-1 I TOWN OF SOUTHOLD Kim Stephens August 21, 2012 En -Consultants 1319 North Sea Road Southampton, NY 11968 RE: Christopher Young, Wetlands Permit No. 7671 Dear Ms. Stephens, I have reviewed the Declaration of Covenants draft you submitted to this office with respect to the above referenced application concerning the eight foot wide non turf buffer and a variable width (+/- 32' to +/- 71'), approximately 11,699 square foot non- disturbance buffer to be established and subsequently maintained as depicted on the attached site plan and survey. Please include in the language of the covenants and restrictions the bold, italicized language above, as I have indicated on your draft. 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, Lori M. H I e Assistant Town Attorney Cc: Board of Trustees 0 James F. King, President Bob Ghosio, Jr., Vice -President Dave Bergen John Bredemeyer Michael J. Domino BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD 0 Town Hall Annex 64375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 (Fax ( (' 1 MAY 2 4 2013 APPLICATION FOR AN AMENDMENT TO A WETLAND PERMIT DATE kqy 24, d0( � OWNER Wt9i 4 6t#Z6 Y&QIV PHONE ADDRESS �}%0 Willis < Atff b121Vt M rtTriiy<K AGENT SELF PHONE ADDRESS PROPERTY LOCATION TAX MAP NO. loon - IIS- 17- 1-1• 11 I/We Mrs I ►- 14 ()fR 1s Id Gt/JG- request an Amendment to Permit # 7& 7 tokf Vf.G-1 '51 � i 0f M ON L(SI NR0A-nJ9FE w I i tt 6 wti i TE 5UN d r -2f E5 AwvfeAt-o-n) rfo Q -y 6 45"5 Signed By: Jill M. Doherty, President Bob Ghosio, Jr., Vice -President James F. King Dave Bergen John Bredemeyer i oil BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax(631)765-6641 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 151 day of construction '% constructed /\ Project complete, compliance inspection BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7671 DATE: OCTOBER 19, 2011 ISSUED TO: CHRISTOPHER & MAIRI YOUNG PROPERTY ADDRESS: 470 WILLIS CREEK DRIVE, MATTITUCK SCTM# 115-17-17.11 AUTHORIZATION Pursuant to the provisions of Chapter 275 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 19, 2011, and in consideration of application fee in the sum of $250.00 paid by Christopher & Mairi Young and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to construct a 4'x8' extension to the existing 4' wide fixed catwalk with a 4'x12' fixed "T" section at the terminal end thereof, construct a 16102' in -ground raised swimming pool, raised masonry patio, and an outdoor shower; construct masonry retaining walls around the west and south sides of the pool to contain the pool and approximately 55 cubic yards earthen material to be obtained from pool excavation; install a drywell to contain pool backwash and a pool enclosure fence; and establish an 8' wide non -turf buffer and a variable width (+/-32' - +/-71'), approximately 11,699 square foot non -disturbance buffer; and as depicted on the site plan prepared by En -Consultants, last dated October 19, 2011, and stamped approved on October 19, 2011; and also as depicted on fhe survey prepared by Nathan Taft Corwin III, last dated August 24, 2011, and stamped approved on October 19, 2011. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. i 7 Dave 4:$bsept �- '[r . 0 TERMS AND CONDITIONS 0 The Permittee Christopher & Mairi Young, residing at 470 Willis Creek Drive, Mattituck, New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. 2. 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. 3. 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. 4. 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. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. 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. 8. 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. 9. That the said Board will be notified by the Permittee of the completion of the work authorized. 10. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. Jill M. Doherty, President Bob Ghosio, Jr., Vice -President James F. King Dave Bergen John Bredemeyer October 19, 2011 Robert E. Herrmann En -Consultants 1319 North Sea Road Southampton, NY 11968 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD RE: CHRISTOPHER & MAIRI YOUNG 470 WILLIS CREEK DRIVE, MATTITUCK SCTM# 115-17-17.11 Dear Mr. Herrmann: n Town Hall Annex 54376 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax(631)765-6641 The Board of Town Trustees took the following action during its regular meeting held on Wednesday, October 19, 2011 regarding the above matter: WHEREAS, En -Consultants on behalf of CHRISTOPHER & MAIRI YOUNG 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 August 30, 2011, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application to construct a 16'x32' in -ground, raised swimming pool, raised masonry patio, and an outdoor shower; construct masonry retaining walls around the west and south sides of the pool to contain the pool and approximately 55 cubic yards earthen material to be obtained from pool excavation; install a drywell to contain pool backwash and a pool enclosure fence; and establish an 8' wide non -turf buffer and a variable width (+/-32' - +/-71'), approximately 11,699 square foot non -disturbance buffer be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, the LWRP Coordinator recommended that the proposed application to construct a 4'x18' extension to the existing 4' wide fixed catwalk with a 4'x12' fixed "T" section at the terminal end be found Inconsistent with the LWRP, and, 0 0 WHEREAS, the Board of Trustees has furthered the Local Waterfront Revitalization Program policies to the greatest extent possible through the imposition of the following Best Management Practice requirements: the proposed fixed dock extension has been reduced in size; a non -disturbance buffer area with a non -turf buffer area to be maintained along the landward edge of the wetlands, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on October 19, 2011, 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 for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees APPROVES the application of HANS & CELESTE FLICK to construct a 4'x8' extension to the existing 4' wide fixed catwalk with a 4'x12' fixed "T" section at the terminal end thereof; construct a 16'x32' in -ground raised swimming pool, raised masonry patio, and an outdoor shower; construct masonry retaining walls around the west and south sides of the pool to contain the pool and approximately 55 cubic yards earthen material to be obtained from pool excavation; install a drywell to contain pool backwash and a pool enclosure fence; and establish an 8' wide non -turf buffer and a variable width (+/-32' - +/-71'), approximately 11,699 square foot non -disturbance buffer; and as depicted on the site plan prepared by En - Consultants, last dated October 19, 2011, and stamped approved on October 19, 2011; and also as depicted on the survey prepared by Nathan Taft Corwin III, last dated August 24, 2011, and stamped approved on October 19, 2011. 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. 0 Cl Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $ 290.00 Ve truly yours, Jil . Doherty President, Board of Trustees JMD/eac • Jill M. Doherty, President Bob Ghosio, Jr., Vice -President James F. King Dave Bergen John Bredemeyer BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: CHRISTOPHER & MAIRI YOUNG i Town Hall Annex 54375 Route 25, P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax(631)765-6641 Please be advised that your application dated August 30. 2011 has been reviewed by this Board at the regular meeting of October 19. 2011 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) % Constructed ($50.00) Paid Final Inspection Fee ($50.00) XX 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: Fixed 4'x8' Extension = 32sq.ft. x $3.00 per sq.ft. = $96.00 Fixed 4'x12' "T" Section Extension = 48sq.ft. x $3.00 per sq.ft. = $144.00 TOTAL FEES DUE: $ cp'I H77 240.00 ))I7I11 BY: Jill M. Doherty, President Board of Trustees �o�pS11�FOL4'`, Peter Young, Chairman . - Town Hall, 53095 Main Rd. Lauren Standish, Secretary P.O. Box 1179 Southold, NY 11971 .�� Telephone (631) 765-1892 y' Fax(631)765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., September 14, 2011, the following recommendation was made: Moved by Audrey Horton, seconded by Derek Bossen, it was RESOLVED to SUPPO T the Wetland Permit application of CHRISTOPHER & MAIRI YOUNG to construct a 4' 18' extension to the existing 4' wide fixed catwalk with a 4'X 12' fixed "T" section at the ter inal end thereof; construct a 16'X 32' in -ground, raised swimming pool, raisedm sonry patio, and an outdoor shower; construct masonry retaining walls around t west and south sides of the pool to contain the pool and approx. 55 cy. earthen aterial to be obtained from pool excavation; install a drywell to contain pool backwash nd a pool enclosure fence; and establish an 8' wide non -turf buffer and a variable wi Ith (+/-32'- +/-71'), approx. 11,699 sf. non -disturbance buffer. Located: 470 Willis Cre k Dr., Mattituck. SCTM#115-17-17.11 Inspected by: Audrey H rton Vote of Council: Ayes: A drey Horton, Derek Bossen, Doug Hardy Recused. Peter Young, Jack McGreevy Motion Carried Jill M. Doherty, President Bob Ghosio, Jr., Vice -President ��V �- -� CQG h� 'y. P.O. Box 1179 Southold, NY 11971 James F. King ? Telephone (631 765-1892 Dave Bergen ,y T Fax(631)765-6641 John Bredemeyer Southold Town Board of Trustees Field InspectionNWorksession Report ° Date/Time: 7 /S,' 3 CHRISTOPHER & MAIRI YOUNG request a Wetland Permit to construct a 4'X 18' extension to the existing 4' wide fixed catwalk with a 4'X 12' fixed "T" section at the terminal end thereof; construct a 16'X 32' in -ground, raised swimming pool, raised masonry patio, and an outdoor shower; construct masonry retaining walls around the west and south sides of the pool to contain the pool and approx. 55 cy. earthen material to be obtained from pool excavation; install a drywell to contain pool backwash and a pool enclosure fence; and establish an 8' wide non -turf buffer and a variable width (+/-321- +/-71'), approx. 11,699 sf. non -disturbance buffer. Located: 470 Willis Creek Dr., Mattituck. SCTM#115-17-17.11 T�altwaterarea Wetland impacted: Freshwater Wetland _Sound —Bay, /�` Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: f/Chapt.275 _Chapt. 111 _other Type of Application:y Wetland _Coastal Erosion _Amendment —Administrative—Emergency _Pre -Submission Violation Info needed: 1,5174 61) ,MEED) 7'a 8F s7' l> 1906K o 1< c9rwr?�� Conditions:H/AsuetoE,> y(, Pres,gnt Were: -/J. DAe-rty J. Bredemeyer D. Form filled out in the field by Mailed/Faxed to: Date: Ghosio aJ. King D. Bergen, Dzenkowski other r 4 I jjY I 11 l j`a 1GLMI N 64 A[,iiNDMF.NT TO DECLARATIi1N OF COi/Eti3', i 5 RESTRICTIONS, EASEMENTS, CtitiP(,]-. A':I. W I T N E S S E T h: 1UpU I]S.UO WHEREAS, Developer caused a certaia "Jec,iarai.ion�)�f 13l oc k i I-.00 Covenants, Restrictions, Easements, Charges riDd Lien," t,o t.,_. Lc, t : 017.0Ubecorded on January 3, 1587 Liber )G48 at page. Suffolk County Clerk's Office (hereinafter the "C,_)venants a.^.c Restrictions"); and WHEREAS, Developer is stili the caner of tbca premises described therein, NOW, THEREFORF„ `he Eeveloper, f:rr itself, _-3 and assi,,ns, declares that the real orcperty descri:d-ttr•..-a:L. ., v iJ and shall be held, transferred, sold, enc? .,cc,�pied subject to the covenants, restrictions, easements, cta:ges. a;r: -,,,liens as herein amended. 1. The last complete paragraph on page 1 o` the AMENDMENT, made as of t'.,.s 25th da; of September, 1�,3- by BAYVIEW VENTURES LTD., a dome t1_( Coepara: offices at 365 County "-.ad 3^. :,oU:.har.ptors, . .: Yct:<. MATTITUCK HARBOR ASSOCIATES, a New York lil^fired nail:,, ship with o_`iices at 739 East Main Stre(_c, 4Rivuriioc9, ;. e. York (hereinafter COliectiv�.,1y rof,r-ed tc "Developer" . --.. - W I T N E S S E T h: 1UpU I]S.UO WHEREAS, Developer caused a certaia "Jec,iarai.ion�)�f 13l oc k i I-.00 Covenants, Restrictions, Easements, Charges riDd Lien," t,o t.,_. Lc, t : 017.0Ubecorded on January 3, 1587 Liber )G48 at page. Suffolk County Clerk's Office (hereinafter the "C,_)venants a.^.c Restrictions"); and WHEREAS, Developer is stili the caner of tbca premises described therein, NOW, THEREFORF„ `he Eeveloper, f:rr itself, _-3 and assi,,ns, declares that the real orcperty descri:d-ttr•..-a:L. ., v iJ and shall be held, transferred, sold, enc? .,cc,�pied subject to the covenants, restrictions, easements, cta:ges. a;r: -,,,liens as herein amended. 1. The last complete paragraph on page 1 o` the C� J 10441 6a covenants and Restrictions is hereby arn2, n Y) t;'icitGAS, Developer has 'nco_poratcc �7 Matti tuck liomeown^rs Assoc..2 ti on 7�-: e: ,aider Ih-L��a lyji not-for-profit corporation 1a,,s of ti-, Sta. .i!t for the purposo of exere,sing tna ei>_�a_; 2. Page ', Ar Cicle I. Def initionc, 14 herby amended to read as follows: (a) "Association" shall mea ,.r.' . efe: idattituck Homeowners As.,ociaticn, ?nC for -Profit corporation.,y, R 3. Pale 3, Article IV, Sectio^. hsreoy read as follows: e Section 1. Members' t,•se.ment .-t Enjo;'mQX m to the provisions of Se.c``ion 2 and Section. J, GVely Member shall have a right and eaSMTen'.. Cif en-;'")vmEu.. and to the Common Properties and sc.ch ea )men_ stet') . appurtenant to and shall pass with the title -.o eve: Lot. 4. Page 7, Article VI, Sp�tion i. The word 'Fic;ne" .., line two is hereby amended to read "Lot". 5. Page 7, Article V1, Sect:.o:, 2. Tne phra=.;: situated upon the" shall be amended to "Lots located in the'. 6. Page 10, Article VIII. USE OF PRCTE FY is her -t)-,, amended in the first paragraph to raa;l as fellows: The use of a Lot and/or Home 7. Also on Page 10, Article VIII, paragraph fig) i� hereby amended as fol lows: 2 0 0 I�j A41 66 ?he phrat;e "Home Owners" 17 ai,e'i ed to 5,p 6. Article VIII, USE OF PROPERTY, hc.,eb-! include Iliese additional ccvenzrits .:d row-rtctions, (o) No building. wall or other o �hanga in landscaping, sliali be coc.:np erg, t(d maintains upon any Lots, nor shall any exter .. tion to or chance or alterat-on of n,- ^ ho roo f 1— until plans and specificatIcns sho,—ng the :�ror,o, c� improvement, inclLding the height :nl --cu. and the materials anc. colors to be i;s(,", submitted to and approved in writing as to i%,Dcv c external desiyr, and location in re!E—or t; rir.:unairn structures and topography by the Hcmeo.rrerr Association. In the ev2fit said DoveLcrers -r !tL iiomeowneis Association, fail to approv, or d: o_a the same within thirty (33; lays after said ulais ai specifications have been suhatitted to it, -2ppjo,,.j) w not be required and tnis provision will have been do-.nes to have been fully complied with. +pi No boats, b -cat trailers, travel t.-a,,Ier:;, m,- fl-OMPS, e7JIpMe.-t, uniz,:,ensed cr prny•erty,. t4 parkx-.t zr ct-re+ unless parked cr S' --red k'3) No rommerc-a. s;.:;n., ciisplayeu an any Lo*I cr within --e Tz-rcr—. 3 k 0 0 10441 A W Owner. This 'restriction shall not apply ,.._ Developer prior to the sale of the ruspea!-i.°c Deveioper. (r) Within the requires:, building area c P,, h ;ha topography, grade :ter drainage 31hw' not C- S_,"�r.'... _ia::y a' ,rad or changed. except by the .Jeve-OME-t ... _. ,Le approval of the 1fo:r towner! nssociat.�. n. _.._de the required building area of each Loi the o ._,raphy, grade or dr„inage shall not i;. uttej.d tin3ed at all, excspt: ty the Develcpe; . witw c..,_ approv.l of the Homeowners Ass.-iciafjo�. Whe-n neece, sary, each respective Owner shall ;..stall adequate culverts under driveways servinc his Lot and conrew n '-r. same to places designated ty the De,eloper. (s! No animals, livestock, or poultry of any kirc shall be raised, bred, or rept or. the ?roperries, vx�-�p that dogs, cats, nr other usua- household pets may t - kept on Lots provided that they are not keptbrad maintained for commercial purpnves. (t) Lots in this subdivision shell be residentia! lots, and each Lot shall contain my one ',-me t. ,.-- with lawful accessory structures. (u) No Home shall be 'ocored on any Lot excap't within the "required building area" for that Lot, a.; defined by the local municipal Inning authorities n vin. jurisdiction and further subject to any limitations 0 0 101 1. N W contained herein and note! on the _ i:_.-.. -_.. (v' All garbage cans. egci_pmerk Ila W01011 tanned on a Lot shell. be walled in tc conceal tnp IrV.. view of neighboring Lots, roads or. streets. 'a.z_•_,. lines shall not be visible from the str-_ats boring Lots (w) No fence, sinless acyiDved a. a part of M architectural design of the mouse, shall be ccnFtrun7 ad. (x) Only permanent swimminq poo's UK! he ails.. and shall be constructed in such a manner that t1s of toe swimming pool does not extend oRywnd � above the finished grade. (y) In order to preserve its scenic and natural beauty, beauty, the Property shall also be subject vo the following restrictions[ Nil ilwnei or member of his family or his O^M or assigns or other person3hali remove, cause Sc be removed or allow to be removed, without the Developer'_, permission (or that -f tte Homoown,rs Association), from any part of the Property not designated as required building area. any .rep which has a diameter of four l.nchos wr greacer (measured twelve inches above naturol grad=-) tc iM end that all large trees not located within required building areas of the various Lots remaia intact throughout the Property. In addition is t f 5 10441 b9 0 0 foregoing, all other natural veeetatlon oute;icc +. -. reouired building areas, inclucing moum-ain lar_�1 and other shrubs and ground crver, shall be left, intact and maintained in its .atural state. (z) No satellite dishes or antennas r,i aerials be placed, erected or locaied on the Lot or on the structure; erected or, the Lot urlese its location, screening, construction, height ani aestCetics ar? approved by the De'eloper or by tt:e Lot G4ne15 Associ ation. (aa) In the event any municipality cr authority requires same, each Lot owner will instal:, at his •.� costs and expense, a water meter in conformance with t-tc regulations of the municipality or authority re-uir.Lnc same. VENTURES LTD. 1, President. MATTiTUCK. HARBOR ASSOCIATES By Anthony T"+Ccnlcrti Ae:er,a:.. Far yiicr' . 6 - 10441 r0 STATE OF NEW Yw,K } 1 ss.: COUNTY OF :UFFOLK) On this 25th day of Sepcemb.a.r. i9r,6, before me p< -;r:: .-n- came THOMAS E. GILL, to me known, who bei .-.q ov ;ce d.I sw i n depose and say that he resides at County Road 'i, S_ut^.amT . ... York; ttiat he is _.re President of Bayview Ventures it,+., t,: corporation. described in, and which e,;ecuteet the. above that he knows the seal of said corporation; that the seal to said instrument is such corporate seal.; tha, it xas so affi>�:I by order of the Board of Directors of said corr)oratic-n and t--- signed his name therely by like order. y-11�L� "-- --'°: • ...,,fit,) :,- �-- -. rHBOA K MnXWA �s9rMY ®tllt, y xFa W�va ruo +amtsP v& A 3 STATE OF NEW YORK) V:oIAeC M 9 .� EpUrs Aug !..?Pf ) ss.: COUNTY OF SUFFOLK) On the 25th day of September, 1986, before me pe -conn came ANTHONY T. CONFORTi, to me known and known to me t^ le a partner in Mattituck Harbor Associates. a partiership, an, kr.o..:.� to me to be the person dascribed in and who executed the instrument in the partnership name, and said ANTHONY T. C('NFO::11. dLly acknowledged that he executed the foregoing irstr'umen' foz and on behalf of said partnership. •r � Ad -7al0teti DW%*0, ®rt to 2~ Cv Owraslplp�l� Holm 30, rP.� 1'0441 111 71 --:===I i 'ti' :l 1 • 0 Ai.l •et ca I,,4 I n 1'. pa Is m Fa of a I Intl, ear t0,e- a:d Dein at MstLiturk, in the Town �nf S. Ahold, Court, of gP and S..I. of Mee Vora, Doundad and u: rcr e.xud a. .. m.. :MG! iNIM6 at a acini on thn so.-nizly .Ida of 011 €."f^i'e Avenue dlatant 110.6c feet sost.,ly froo the rotnor ror+rui L the intersection of the Southerly side of Nes 9'ffo16 4v49111,. w;in the ustrrly side of Baldy Bole Orion, 9010 Noaot alt tot.a2 the northaesterly WTner of ISM forcer 1p of eraai :.toali. •. n forwerly of Henry F. and Brian J. Treail rielce rfrom eaa,3n:ra,. t ... Deginnlegl RUN foe THENCE along the southerly aide c;. Hew :af tc i.0 Av,. a-..,; the following 2 courses and diatarcca: :bath E3 degte.s 11 e. ,Hutu 30 tsccnda E19c 3':5-'2 iwc: 2. booth 66 degrees 36 Si.:.,u!.os 10 tec<nd. Feat 2t -q 9.•.. the high rater line of l.S11's Craokl ONFJCE +long the high vete, lt.. of aid nail's Cr -acs i'.0 a general soutnerly direction the follo.ang 13 tie I:n.- <Gursaf ar"I distances. 1. South 12 degrees 57 - Mutes 54 .ecOnde tett 80,63 feet: 2. South 4 degrees 41 a Lute' 19 seco•ds Nest -17.41 felt': 3. South 2 degree, is .,notes 77 ..condo Meet .41.41 feet: 4. South 26 degrees 39 minrte• 49 nmeonds Wart 74.21 save; 5 %outh 7 degrees 12 m,nu,.s 37 seconds Ea at '02.14 tent 6. South 1 degrees 11 minutes 50 seconds Hear 19.45 7. South 31 degree. 14 e'neten 45 eeco rtls NAF, 100.11 0. Seat, 85 degreen 25 minctes 12 seconds teen 14.02 .veer 9. South 11 da.,teee 05 minutes 20 soo..nda Fast 1CO.50 feat 10. South 77 degrees 06 minutes 58 oeeande test 40.'1 feat: 11. South 14 dsgreeo 56 minutu 29 secunda East 214.03 f.•et. le. South 20 degrees 54 minutes 21 second. Nest 51.15 frac: ll. South 9 dmgrats e5 m,nutos 16 e,cor,ds eat 60.61 feat t land nim or fcr"rly of Fred c. end Romerurry 5. xoclit: THENCE along Said lrst at>ntioned land 'Iartn V -�-+- §s 50 seconds vest 286.4feet '.o a point a, ea::'.orly terminus of a oertaia 5C ft r1 -he -of -ay, and the v rth,4acelif rorne[ of land now nr tomer]; of Ttomes B, and A,r3•ey C. Wltach 1, YNfdKT&'Long *aid last aem'loned land t5A foll,we_ng 2 courses and dlnt&nc08a 1. E.ath a "areas 07 .;,utas 10 .mAds Wei'_ ': lh.lt teats 2. South 62 Hog,... 25 .a,ute. 10 searond. Mea- 119.04 feet to land .w or formerly +f Maat;n and Alur Suer; rxa ", alone *aid last ucntioned le•ui tM_ follwin3 s` cotsea and distancest 1. South 62 degrees 25 minute. 30 aaxudu motet 12S .L: fee.; 7. South 27 degree# le Minute, 50 oownd. sea 768.04 tev to the high water mark of Grab Ibccn:c Ila,; Tilml along the high water marl of Great :eco:ic Bay. Willie Croak end a dredged creek, in a general rorthves.erly Hire,n$on, cite following 19 tie ILne courses and dlstan,:tn 1. South 45 dagret# 44 mi-utea 55 uemnda Neo: 110.5' feet: 2. South 16 degrees 20 minute, 16 ue:,c2rds Nest 106.65 Cost: 3. north 74 degrees 09 minutu 00 I"OMs Neat 137.14 feetr 4. .3outh 72 degrees 04 -:Hula 50 semrtil Neat 117.94 feet; S. See, th 17 dtgr... 10 .nut.. 21 Be muds Nes. 43.al feet. 6. North 50 degrees 12 minutes 35 semrAs Meat 214.70 fart; 7. North 0 degrse. 47 minutes 11 secon^e East 202.04 feet; 1. north 6 d4g.095 21 Ntnuter 49 wean-% Neat 108.01 feat; 9. Nor ch 2 degrees SO Minutes 06 sera . Fac: 25.0? ftat� 10. North 19 degrees 09 minute% 16 seconds Pat 02.57 r+et, 11, north 6 d -gruel 0 minutes 00 urords Wea• 96.08 -sor 12. North 20 da9raes :, &rnu.e, 04 uconds Nut 110.91 11. Morth 0 deartes 32 aarutes 55 sec.'+nds East 90.56 14. North 10 dear&.. 14 malate 25 seocndu Nest 179.74 feet: 15. Iartli is drarees 45 minutes 40 seconds "eat 164.64 [ret: 16, north 19 degrees 37 minutes 46 seconds L rat 12,2( f _ 17. North 32 degrcts 41 Minutes 30 seconds Next 64.51 ' 10. Ncrth 12 de.tees 00 &mutes S.9 %e roods vett 51 :y " deer^as 4;.4 se oder: S r menu nam or fur air 1, of a: 11 e. ee ne ]"cath narn ue,: rHEvf:i along said last Mtnti... d land and s)cig land r,u or for IF of mattltuca Boase Mover., le:., Non t. l: dial, as,a 54 &mutat S0 .ecends West 111.00 feet: "WE still along lend raw or formerly of Me-:t,luc! 9m+ve Movers, Inc., and along land not or formerly of 119 and 8. arae Mary t.+raen North 12 degrees 4o mlrwtes 50 seconds West +On.^. feet; TNEMCE oU -1 Along land nota or formerly of lacvard a. .• Mary Larsen and along land now or f+rnerly of Henry F. an(,' w -lar . Frerichs North 13 degrees 25 r,nuces 47 seconds w:v: 1'6.5.. teat to the eo.therly side �f Ne. 5ufrolt FY!ra• n. .r.. : a,r o2 A%GiNNINc 1 1-319 1P DECLARATION Or .,( nk Alm, aESTRICTIONs, EASEMENTS, '."'hRM AND LIME Declaration made as of this /¢'day of December, 1985, by Bayview ventures LtdA a Hew York Corporation with oftices at New York end Mattituck Harbor Associates, a New York Limited Partnership with offices at 739 East Main Street, Riverhead, New Ycrk, hereinafter collectively referred to as "Developer". * Brei PldZX .10r u#uvnPA0n, /y -y W I T N E S S E T Hs .x +J' WHEREAS, Dew*lopsr is the owner of the real property described in Article 2I of this Declaration and shown on the proposed subdivision map which Doclarant desires to develop as a residential comawnity with common facilities for the t)OC) benefit of said Community; and WHEREAS, Developer desires to provide for the Or) preservation of the values and amenities in said Community and for t`+e maintenance of the open spaces and other caumn 17 0 0 facilities; and, to this and, desires to subject the real (( property described in Article II to the covenants, O r restrictions, easements, charges and liens, hereinafter sat Q�Q forth, each and all :A which is and are for the benefit of said property and each m-ner thorenfjand WHEREAS, Developer has deemed it desirable, for the efficient preservatior, of the values and amenities in said Commwnity to create an agency to which should be delegated tnd assigned the powers of maintaining and administering the Community property and improvemunt3 and administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created; and WHEREAS, Developer has incorporated Bayviev fame Owners Association, Inc. under the not-for-profit corporation laws of the State cf H<,r York for the purpose of exercLsing t*,e aforesaid functions; NOW THEREFORE, the Developer, for itself, its succees,rs and assigns, declares that the real property described in Article II is and shall be held, transferred, sold, conveyed and occupied subjecttothe-cr,verants, restrictions, SLi' _ L Lu', 9948 "a 192 easements, charges and liens C ometimes referred to as "covenants and restrictions") here.nafter set forth. ARTICLE I. DEFINITIONS The following words when used in this Declzration co any Supplemental Declaration shall, unless the context otherwise i:ohibits, have the meanings set forth below: la► "Association" shall mean and refer to Bayview Home Owners Association, Inc., a New York Not -for -Profit corporation. (b) "The Properties" shall ,nean and refer to all such existing properties as are subject to this Declaration. (c) "Hume" shall mean and refer to all units of residential housing hereinafter constructed on the Properties. Id) "Owner" shall mean and refer to the record owner cf fee simple title to any Lot, including the Developer wi'h respect to any unsold Lot. Every Lot Owner shall be treated for all purposes as a single owner for each Lot held, irrespective of whether such ownership is joint, in common cr tenancy by the entirety. Where such ownership is ;oint, it cosimn or tenancy by the entirety, a majority vote of suc'.: owners shall be necessary to cast any vote to which suet owners are entitled. lel "Member" shall mean and refer to each holder of a membership interest in the Association, as such interest :s set forth in Article III. If) "Development" shall meat. Map of Davview Venturer; a 38 lot development located on The Properties. (g) "Developer" shall mean and refer to Bayview Ventures Ltd., a corporation and its suc--e scrs ara aas ccs, if such successors and assigns aLoui., or a developed but unsold portion of e Developer .for the purpose of develorr..er'. Y (h) "Ccmron Properties" or "rr-T-rn hrea -,ea- and refer to certain areas cf land other L 4a_o99481Pa 193 0 as shown on the filed subdivision map and intended t'� be levoted to the common use and enjoyment of the owners of the lots. (i► "Lot" shall mean and refer to any plot of 'and intended and subdivided for residential uses shown on the subdivision map of the Properties but shall not include the Common Areas as herein defined. :ARTICLE 11. PROPERTY SUBJECT TO THIS DECLARATI.'`1 Section 1. Properties. The real property which is and shall 5e held, transferred, sold, conveyed and occu;pied subject to this Declaration is all that certain plot, piece or parcel of land situate, lying and being in Mattituck, Towr of Southold, County of Suffolk and State c. New York, beina more partirula.rly bounded and described in Schedule A annexed hereto. ARTICLE III. MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIA7'ON The Association shall have one class of memb,rshir. interest. The owner of each Lot on The Properties subject to this Declaration shall be a member. Each member is entitled to one vote fo- each lct in which they hold a membership interest. When —ore ..an cne person or entity hobs such interest in any lot, the r.r.e rot_ attributable to such lot shall be exercised as suet, p,rr_ons mutually determine but with the except.o.� of cumulative voting employed in the election of Directors, r.ot more thar one. vot^ may be cast with respect to any such Lot. ARTICLE IV. PROPERTY RIGHTS IN THE PRGPERTIES Section 1. Members' Easement of Enicyment. S,`js7- t_ the provisions of Section 3, every Member EF.a:' tc c a r:7 -- and - - and eae.3ment of enjoyment in and to the Prcper':e= eaaement shall be appurtenant to and shat: .-s.; ..._ title to every Lot. Section 2. Title to Comror. Pror.r.:ea. ._ conveyance of title to the first Lot on 'he -,rope:-.e!-.r ` � w 3 0 LK! 9,948 .em194 Dav-loper shall =vey to the Association legal title to tce Comron Properties subject, however, to the fc_lowir.c covenants which shall be deemed to run with the land and shall be binding upon the Developer, the Association, its successors and assigns: (i) In order to preserve and enhance the property values and amenities of the Development, the Commno:n Properties and all facilities now o- hereat�er built or installed thereon, shall at all times be maintained in good repair and condition and shall be operated '.n accordance with high standards. The maintenance ani repair of the Common Properties shall include, but not b,� limited, to the repair of damage to roadways, walki.ays, buildings, and common area landscape maintenance. (ii) In the event that arrangements for domestic water supply to the development by the Suffolk County Water Authority or any Municipal water district have nct been .nade prior to t, -.a filing of the final subdivision rap, then the Developer shall construct a water supr:y, treatment and distribution system (the "Water Sy --ter.") in accordance with plans and specifications aperoae-' b the State of New York Department of Health. Prior to conveyance of the water system to the Association, the Developer shall.c a) Produce an estimate from the Consulting Engineers who designed the plant, of: (i) the annu=l cost to be delegated to a special fund for physical plant maintenance and for replacement of the system; (ii) the cost of operating th.: syEtemi for a one year; (iii) :he cost of supplying a:.: 17 a contacters having a minimus c` 15 minutes ccntac c.. ... _nc event that the quality of the water provide ty t:e •.a-er system should deteriorate; b) Post a performance bond cr sirdlar :ncer_aFzr.:ar amount to equal to the cost of the (--st.mate se' _n _r susection a) (iii) hereof. 4 1�_R 9, • 11 (iii) The Association without cost or charge ct any land shall convey, sell transfer, or lease, to the S"ffo k County Water Authority, the Town ofSorthcld or any legally instituted water district ;r municipal corporation all water treatment and distribution, facilities hereinafter constructed on the Properties together with an easement to pass nd repass upon anv common areas in order to service, r .air or replace any part of such facilities. This section shall not be amended, as prnvided fcr in Article IX, Section 2, to reduce or eliminate the cb_i.gation for maintenance and repair of the Common Properties. Section 3. Extent of Members' Easements. The rights and easements of enjoyment created hereby shz 1 be subject to the following: (a) The right of the A,s-ciation, as provided L- its Uy -Laws to suspend the enjoyment rights C a:.p Member for a period during which at.y assessment reRdins unpaid and for any period not to exceed thirty (30) days for any infraction of its published rules and regulati.n:P; (b) The right of the Association to dedicate c. transfer all or any part of the Comaron Properties to ; public agency, authority or utility for such purpcses and subject 'o such conditions as may be acreed t,- the cthe Members provided that no such de(ficat'_cn transfer, determination as to the purposes or as tc the conditions thereof, shall be effective unless_ an in instrument signed by Members and their mcrtcagees entitled to cast eighty (80%) percent of the eligitle ,otes has been recorded agre ing to such dedication, transfer, purpose or condition and unless written neticc of the action is sent to every Member at 'east rivet,, f90) days in advance of any action taken. (c) The right of the Develc-per on- Association to grant and reserve in, through, under, ov::r and across the Properties, _ r --.e installation, maintenance and inspection __.._ an? appurtenances for public or private water, sawe,, ara:cage, cable television and other utilities, and tie - Developer to grant and reserve easements anc A LIEF 9948 na 1% iii through, under, over upon and accross the Properties Sot the completion of the Developer's work under Section 1 t Article V. ARTICLE V. DEVELOPMENT OF BAYVIEW VENTURES 1TD. Section 1. Developer intends to subdivide. appre,xim.te;} rcres if land into 39 residential lots tcget?.er _crmcn street areas, beach and water treatrent facility. Section 2. Easement. Developer does hereby e.t.a l,:i-F and create for the benefit of the ARsoc.ati:-�., and for ;.1' 1, Owners subjected to this Declaration and doe.; hereby1;%, , grant and convey to each of the aforementioned, th- fo111,wi:+. easements, licenses, rights and privilec-s: (i) Right-of-way for ing-ess and egress by vehiu.«-+ ,r on foot, in, through, over, under and across the str,ot , roads and walds in. the Properties (as shown on the filed rr, p as they may be built or relocated in the future) for a-1 kurposes; (ii) Rights to connect with, maintain and make ue,e utility lines, wires, pipes, conduits, cable teleav sicr, lines, sewers and drainage lines which may fror^ t`me tr cire be in or along the streets and roads or other are:,:; of thr- Properties. Section 3. Reservation of Easemen+.s. beveI"Eer reserves the easements, licenses, rights and pririleges> riqht-cf-way in, through, over, under ar:, Prcper-ies, for the purpose of r :mplet.inrls^work Snction 1 above and towards this end, reserve:s,the :.gnc t•, grant and reserve easements and rights -^f -wa; in, under, over and across the Properties, for the ir.stai'.atioc, maintenance and inspection of lines and aFpurtenancct fr,r public or private water, sewer, drainage, cab e V,' =••lsr,r, gas and other utilities and for any othe- a'e.:aL, '.r services necessary for the completion of the .ork. Ler i-,rcr also reserves the right to connect with and ra:ie nr..r utility lines, wires, pipes, conduits, caii= sewers and drainage lines which may from. time to ci A- . .r or along the streets and reads c_- ether ;r, -a-- ,- tae Properties. 6 LW9948 fffl9i lection 4. Encroachments on Lots. Tn the event that any portion of anv roadway, walkway, parking area, driveway, water lines, utility lines, or any other structure as originally constructed by Developer encroache., on an, 'lot or the Common Areas, it shall be deemed that the owner of su h .of or the Association has granted a perpetual easement to +he owner of the adjoining lot or the Association as the case ray be for continuing maintenance and use of such encroaching rDadway, walkway, driveway, parking area, water line, ut`lit-, line:, or structure. The foregoing shall also apply to nny replacements of any such roadway, walkway, driveway, pa -king area, water lines, utility lines or sLru�tule if same are constructed in substantial conformance to the original. The forejoing conditions shall be perpetual in duration and shall not be subject to amendment of these covenants ar.c. restrictions. ARTICLE VI. C3VENANT AND MAINTENANCE ASSESSMEMI'3 Lection 1. Creation of the Lien and Persc:,al. Obli ation. The Deve oper, for each Lot owned by it within the Properties, hereby covenants and each Owner of any Home by acceptance of a deed therefore, whether or no;-- it shat: be expressed in any such deed or other conveyamcc, shall be- deemed edeemed to covenant and agree, to pay to the Association such assessments are fixed by the Association's Pcar<, of. Dlre_tc,r�. and assessed to the Members as hereinafter proeided. Ali sums assessed to the Association but unpaid, together with such interest thereon as is hereinafter provided, shall ba- charge echarge on the land and shall be a continuing tier, upon property owned by such Member against which __.. assessment is made. Each such assessment_, interest thereon and cost of collection therrtof, as hereinafter provided shall be a personal obligation of rhe person who was the owner of such property at the time wh,.n tho assessment fell due. Section 2. Fur?ose of the Assessnert. :he levied 6y the Association shat be purpose of promoting recreation, health., safety ar'. wa:fav>_ of the residents and lot owners .'- the Proper -_P - as community and in particular forthe ir,.crsvene: maintenance of properties, services arr this purpose and related to the use ar.d en--jman-i ._ Common Properties an-, of the Homes si.t..,at,:r =,ir .��. LIAM Wigs Properties, including without limiting the foregoing, and payment of taxes (if any), insurance thereon and repair, replacement and additions thereto, and ".e cost of labor, equipment, materials, services, managem..rt ind supervIsson °hereof. Section 3. Assessments. The Associatio..'s Boara of i erectors shall, from time to time, but at least ann+:ally, ..x and determine the budget representing the sum or sums Necessary and adequate for the continued operation of the Assr iation and shall send a copy of the Sudget and any ru; plement to the budget to each Member prior to assessin.; the Members thereon. The Board shall determine the total amount required, including the operational items such as insurance, repairs, re3erves, mainteiar.ce and otte- operating, expenses, as well as charges to cover r.ny deficits from prior years .nd capital improvements app•-oved by the Board. The total annual requirements and 7ny supplemental requ'rements shall be allocated between, assessed to and paid '.:y the Members as follows: Each Member shall pay a portion of aid requirements the numerator of which shall be one (1) and the denominator of which shall be equal to the number of Lots on the Properties smbject to this Declarati,a: Thirty -Eight (38). The Developer's obligation: for suc� assessments on unsold lots subject to this Declaratior will be limited to the difference between the actual operating costs of the Association, including reservE or. the :ammon Properties and on Lots to which titie has b+'en conveyed and the assessments levied on rwr•e-> who, have closed title on their lots. In no event, howe•.cr, will the Developer be regai-ed to make a deficiency contribution in an amount greater than 't we,;'d otherwise be liable for if it were paying assessa.ect= unsold lots. The sum uue the Association frcc each individual lot owner shall constitute ar asse—rnt .[ the Board of Di:'ectors and unpaid constitute liens on the individua'_ ,cts, s;L-c_- foreclosure as hereinafter provided. Sectiun 4. Due Dates; Duties of 'ne Bcarc All Assessments s a e paya e monthly _r e:a-.CC . ordered by the Board of Directors. The Board c: the Association shall f ix the date of com en^• r,e..- a:.d c :c ..mount c.f tue assessment against each lot an-! 0 -4 Y 0 roster of the lots and assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any Member. upon the writter request of a Member or his mortgagee, the Board shall proml. 1v furnish such ' mber or his mortgagee with a written statement of the unpaid charges due from such Member. t, The ecr If an aasessmcnt is not paid on the iate when due, as fixed by the board of Directors, then such asses^,ment shall become delinquent and shall, together with such interest thereon and :est of collection thereof as hereinafter provided, become continuing lien un t.,e Member's lot which shall Lindd such property in the hands of the Membe-, his heirs, devisee=, personal rep•isentatives and assigns. Such lien shall be prr,�;t to all .ther liens exceot; (ai tax or assessment liens car the Lot b- the taxing subdivision of any governmental Authority, including but not limited to State, County and 4choal District taxinr3 agencies; and (b) all sums unpaid on any first mortgage of record encumbering the lot. The personal obligation of the Member who was the Owner of the Salt when the assessment fell due to pay such assessment, however, shall remain his personal obligation for the statutory period and sha_1 not pass to his successors in title unless expressly assumed by them. If the assessment is not paid within thirty (30) days fter the delinque-cy date, the assessment shall bear :rterest from the date of delinquency at the maximur. permissible rate in the State of New York and the Associatior may bring an action at law against the Member or former Member personally oblio,ted to pay the same and may foreclose the Tier. against the property. Therc shall Lc added to the amt,unt of such assessment the costs of preparing and filing the romplalnt in such action, and in the event a judgment is obtained, such judgment shall include interest on the a+raessomnt as above provided and reasonable attorney's fees to be fixed by the court together with the cost of the action. ARTICLE VI1. INSURANCE Rection 1. Cowston Areas. The Board or Directors shall •-- s+ainr.4n puD Ua iffy insurance, to the extent E �1 LVMIS "a2M obtainable, covering each association Member, lessee and occupant and the managing agent, if any, against liability fcr any negligent act of commission or omission attributable io them which occurs on or ii, the Comiuon Properties. To the catent obtainable, the Board of Directors shall also be r=quirel to obtain the following insurance: (a) fira nsurance with extender' coverage, water damage, vandalism and ,licicus mischief endorsements, insuring the i.,cil.�ies on "c Com -on Properties, in an amount equal to their full replacement values. All insurance premiums for such coverage shall be paid for by the Association. ARTICLE VIII. USE 01 PROPERTY The use of a Home by a Member cr other occupant shall be subject to the rules, regulations 'and provisions of this Declaration, the B—Laws and Pules and Regulations of the Board of Directo.s and the following covenants ai,d restrictions: (a) The Lot and home shall be maintained in good repair and overall appearance. (b) Any member who mortgages or sells his Lot shall notify the Board of Directors providing the name and addrei,s of his mortgagee or new owner. (c) The Board of Directors shall, at the request of the mortgagee of the Lot, report any delinquent assessments due from the Owner of such Lot. (d) No nuisances shall be allowed upon the property nor shall any use or practice be allowed which is a source of annc•an^.e to residents or v._,ich interferes with the peaceful possession and proper use of the property by its residents. (e) No improper, offensive or unlawful' use shall be made of the property nor any part thereof and all valid lawe, zoni:,g ordinances, the regulations of all governmental bodies having jurisdiction thereof, shall be observed. If; The maintenance assessments sb-11 be paid when due. (g) All dogs must be leashed and shall not be permittea to run loose on the common areas. Home Owners sh"ll be responsible for picking up and disposing of their dog's waste 10 0 1!«994 X201 0 and for any damage caused by their dogs to the Common Areas. (h) No resident of the r immunity shall post a^y advertisement cr posters of ,any kind in or cn the Properties except as authorized by the Board of Di_ectors. This r3ragraph shall not apply to Developer. (i) No person shall park a vehicle (,r ntnerw)se o')struct any resident's use of ingress or egress to an} garage or parking space nor may any vehicle be parked c, the roadways when parking would obstruct access by emergency or service vehicles or the vehicles of ary person lawf'ul'ly traveling on the properties. ()) No repair of motor vehicles shall be made in any of the roadways, driveways or parking areas of the Development nor shall such areas be used for storage or purk nq of ir,y boat, trailer, camper, bus, truck or commercial vehicle. (k) No person s'iall be permitter to use the recreational facilities of the Association except in accordance with the rules and regulations established by the Associations`s Board of Directors. (1) The Common Area shall not be obstructed, littered, defaced or misused in any manner. (T) Every member shall be liable for any and all damage to the. Common Arca and the property of the Association, which shall be caused by said Owner or such other perscn for whc=e ,,onduct he is legally responsible. (n) No resident c..' the Development s*all s_ a advertisement or po>iters of any kind including 'For Sale' and •For Ren." signs, on c lot, or the Covccon Area oycer;* ag authorized by the Board of Directors. ARTICLE IX. GENERAL PROVISIONS Section 1. Beneficiaries of T=;ements, Biahts and Privi eges. "-- The ease.,..nts, licenses, rights and privileges established, created and granted by this Declara^_:cn stay. to for the benefit of and restricted solely to, tte and the Owners of lots on The Properties; an -1 a^.y :w7e.- aa: I1 OfF9948 W202 also grant the benefit of such easement, tic -nae, riqht o - privilege to his tenants and (guests and their immediate families for the duration of their tenancies or visits, subject in the case of the common properties to the Pules and Reculations of the Board of Directors, but the same is not intended nor shall it be construed as creating any r,ghts in *r for the benefit of the general public. Section 2. Duration. and Amendment The ccvenants and ,-strlctions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforeeab_e by the Association, any Member, or the Owner of any land subject to this Declaration, their respecti-r- legal representatives, heirs, succese rs an(' assigns, until De ember 31, 20:5, unless otherwise expressly limited herein, after which tine said covenants and restrictions shall be autcmatically extended for successive periods of te-� (10) years unless an :nstrument signed by sixty-six and two-thirds percent (66-2/3t) of the Lot Owners has beer recorded, acreeinc to change said covenants and restrictions in whole or i-: p€rt. Not -withstanding the !`oregoing the easements, licenses, rights and privile,es established and created with respect to the Properties by Section 2 of Article v shall be perpetual, shall run with the land and shall survive ny destruction, reconstruction and relocation of the ph,sical structures unless said provision is abrogated by the ;nanirnu,; written consent of all the lot owners. Notwithstar.dirc the foregoing, the obligation of the Associaticn to transfer the water supply and distribution facilities may nr' he abrog?ted in any manner whatsoever except by written permission of the Suffolk County Department of Health Serv_ce� -r any other Municipal department which shall succeed it. Unless specifically prohibited herein, this Declaration, r v he amended by an instrument signed by Memher<_ holding not less than, sixty-six and two-thirds percent (6G-2/38) of the votes of the membership. Any amendment rust be properly recorded to be effective. Section 3. Dis sition of Assets '.pr,r Dissc_uticn. �: Association. ottlon U the Arsorlatin^, _!5 real .in personal assets, including the Cane-.;:. `rrcF.ertu-s, s^a:_ Le dedicated to an appropriate public ager. -y or ut:: a, t: DF ievotec. to purposes as nearly as practicable tr.a care those to which they were requ'red :c to ce✓c .'.h .e ASSOCiotion. ?n the event such. ded!-a':.- _= re'-Ec- acceptance, such assets shall be gra-tet, anal 12 Z03 as;iyned to any non-profit corporation, association, trust or other oroar.ization to be devoted to purposes as nearly as practicable the same as those to which they were required to t,e devoted by the Association. No such disposition of th.e ;ssccia_ion properties shall be effective to divest or ; direr ish any right or title to any Member vested in him unaer the licenses, covenants dnd easements of this Declaration, or ander any subsequently recorded covenants, deeds or other ,ocuments applicable to the Properties, except as may be >tnerwise provided in this Declaration or said covenants, deeds or other documents, as the case may be, nor shall any other party under any such deeds, venants or other documents be deprived of any rights there, nder on account cf such disposition. Section 4. Notices. Any notice required t^ be sent +.o any Me r or Owner under the provision of this Declaratior shall he deemed to have properly sent when mailed, ccstpaid, to the last known address of the person who aorears as Me.rber or Owner on the records of the Association ac the time cf such mailing. Section 5. Administration. The administration of the Associatior shall -We in actor ante with the provisions of the Association By -Laws, Section 6. Severabilit-. Invalidation of any of the covenants, limitations or provisions of this declaration by judgment or court order shall in nc wise affec' any of the remaining provisions hereof and the same shall continue in full force and effect. bAYV vE[7TU/R�ESS, LTD. President 4TTITUCK HA.R/BOR / SSOC ATEs By ---- //1 i C_ GenPr�l artre 13 0 0 t, P9948 ea204 STATE OF NEW YORK) COUNTY OF SUFFOLK) ss. On this 'and of December, in the year one thousand rine hundred and eighty-five, before me pc-sonally came 1HOMAS E. GILL, to me known, who being by me duiy sworn, did _.pose and say that he resides at County Foad 39, 5�uthampton, New York; thit :re is the President cf Naiview Ventures Ltd., tt.(., corporation described in, and whicht executed the above instrument yt- as ui c0rpeFate-aea3; that it was so.affixed by order of the Board of Directors of said corporatio'Y nd that he signed his namr thq{q,tp, �',,.r�,ike order. �� r, , ., t«� 41 � ; u,, 60 STATE OF NEW YORK) COUNTY Or SD "OLK) ss.: j—i On the day of December, 1985, before me personally came ANTHONY T. CONFORTI, to me known and known tc re to be a partner in Bayview Ventures Ltd., a partnersh4,, and known to me to be the person describer' in and who executed the foregoing nstrument ip the partnership name, and said ANT—MY T CONFORTI duly acknowledged the- he executed tht-oregoing i strument fzr and on behalf of said partnership. Notary— Puf�ic DENISE F. BURNS NOYMT r'uai ... Na1r b NM Yp,j N I'M / P+k+ua S tr Ian+ l6Ww Ma.N JOCMj9 :. 14 L60«9'90 Ma 205 COME W is hereby g4.ven by the undersigned mortgagee o` a mortgage recorded March 23, 1982 in Liber 9224 at R.ge 356 to execute and record the foregoing Declaration of Covenants, RPstrictions, CzSE9nents, Charges and Liens made by Bayview Ventures Ltd. and Vattituckc Harbor Associates. NWIN �s_ q tAKM HXrr, n,e,L , 4) y. STARE OF NEW YORK, CU NN OF S[MLF On the 1pth day of Derenber, 1985 before me personally cane MARTIN SUM to me known to be the individual described in and who eAeuted the foregoing instrunent, and acknowledged that he executers the scone. 1'1°� P'K fRTr F?tszrnnwqu ..b Sara :[ Sc• Ycgt Cca�a:=a:m BxDu�+'Ya+rJ a4 1..+f7 0 uefa994&QS 0 CDtSFNr is hereby given by the undersigned mortgagee of a Consolidation Agreement recorded July 10, 1955 in Liber 108;5 mp. 5W to exrxute and record the forenoing Declaratim of Covenants, Restrictions Eats, Charges and Liens made by Pafview Ventures Ltd. ary. Dhttitudc Harbor Associates. MICt7 VIIxa' BANK SO OF.cil liL/• Ey,�fl. y a� sK::- -vice: rseran;,��l c 0 • h> • .. on this 27 day of December , before rx- personally came CHARLES FAL NEF to me Mnown who being by me duly sworn, did depose aid say that' he resides at Din. 125 Roe Boulevard E, Patchogue,NY that he is :he Sr. Vice President of Union Savings 'lar,}:, the corporation descr_bed in and wM executed the foregoing ins`:runent; that he knows the seal of said oorporation, that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the aoc.rd of Directors of said corporation and that he signed his nam thereto '! lik order. i .— IrSJBLIC --�-- q(J �mT#.)y T 6A)f-MV7'2 739 C. a.a Gf 4VcVkW //J•y 11/41 g�i, Ih rot aaauoa�u Figure 1. Looking westfrom landward end q/ catwalk over existing-c "A J, ? CHRIABER AND MAHU YOUNG., MATT�CK Figure 3. Looking south down the canal at nearby dock structures. Figure 4. Looking north up the canal at nearby dock structures. ---�---�wN . �91�y z' nar Oe nWn is � 6i9 aMkl ry M � 'o§ uwum...aa mu Nyl n344 n�ym,✓t' ,�,µl n St Gb _�F Inni S.M1� P,aa. a c A id 'r P`e lmF \• ,L(0 pninop O n lA'. ,wo SII MMMiOM.1 .]Ne, � Wq , a•1 n ,l i Wq � IME a � i ,II ,r .axaa .1 a in :lw^nM`�n �aA• �,w^ YII i1iN ,s wa in ,, A ,o W w. u ro. • N P P 6 n dI : a e �s w'. --_— n°wm p y iwa asa;..o. .rya P n 1 71wa 0 � ,aim, a u A „ COUNTY OF SUFFOLK Q a sccrroa� ReM�T. S =Age r .<in— in i15 ._.� —�— R,1 m. QR __—_•—_ ..__..—_ m.m. Az m,w , wOsevn 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 19, 2011 Re: Proposed Wetland Permit for CHRISTOPHER & MAIRI YOUNG SCTM#1000-115-17-17.11 En -Consultants on behalf of CHRISTOPHER & MAIRI YOUNG requests a Wetland Permit to construct a 4'X 18' extension to the existing 4' wide fixed catwalk with a 4'X 12' fixed "T" section at the terminal end thereof; construct a 16'X 32' in -ground, raised swimming pool, raised masonry patio, and an outdoor shower; construct masonry retaining walls around the west and south sides of the pool to contain the pool and approx. 55 cy. earthen material to be obtained from pool excavation; install a drywell to contain pool backwash and a pool enclosure fence; and establish an 8' wide non -turf buffer and a variable width (+/-32' -+/-71'), approx. 11,699 sf. non -disturbance buffer. Located: 470 Willis Creek Dr., Mattituck. SCTM#115-17-17.11 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 proposal to construct a 4'X 18' extension to the existing 4' wide fixed catwalk with a 4'X 12' fixed "T" section at the terminal end is INCONSISTENT with the LWRP. The applicant has not sufficiently demonstrated that the proposed action meets the following § 275-11 Construction and operation standards. 2. C. d) Review and approval of dock applications. Before issuing a permit for a dock structure, the Trustees shall consider whether the dock will have any of the following harmful effects: [1] Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion: The width (or representative width) of the vessel moored has been identified. It is recommended that the Board verify that the structure meets the 1/3 rule. • OFFICE LOCATION: r3F SOUIy� lQ MAILING ADDRESS: Town Hall Annex �� P.O. Box 1179 54375 State Route 25 # Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 CIO Q Telephone: 631 765-1938 �� Fax: 631765-3136 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 19, 2011 Re: Proposed Wetland Permit for CHRISTOPHER & MAIRI YOUNG SCTM#1000-115-17-17.11 En -Consultants on behalf of CHRISTOPHER & MAIRI YOUNG requests a Wetland Permit to construct a 4'X 18' extension to the existing 4' wide fixed catwalk with a 4'X 12' fixed "T" section at the terminal end thereof; construct a 16'X 32' in -ground, raised swimming pool, raised masonry patio, and an outdoor shower; construct masonry retaining walls around the west and south sides of the pool to contain the pool and approx. 55 cy. earthen material to be obtained from pool excavation; install a drywell to contain pool backwash and a pool enclosure fence; and establish an 8' wide non -turf buffer and a variable width (+/-32' -+/-71'), approx. 11,699 sf. non -disturbance buffer. Located: 470 Willis Creek Dr., Mattituck. SCTM#115-17-17.11 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 proposal to construct a 4'X 18' extension to the existing 4' wide fixed catwalk with a 4'X 12' fixed "T" section at the terminal end is INCONSISTENT with the LWRP. The applicant has not sufficiently demonstrated that the proposed action meets the following § 275-11 Construction and operation standards. 2. C. d) Review and approval of dock applications. Before issuing a permit for a dock structure, the Trustees shall consider whether the dock will have any of the following harmful effects: [1] Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion: The width (or representative width) of the vessel moored has been identified. It is recommended that the Board verify that the structure meets the 1/3 rule. 9 0 [2] Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, waterskiing and other water -dependant activities; See above. [11] Whether the cumulative impacts of a residential and commercial dock will change the waterway or the environment and whether alternate design, construction, and location of the dock will minimize cumulative impacts; [12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. It is recommended that the Board clarify if the facilities are adequate. The proposal to construct a 16'X 32' in -ground, raised swimming pool, raised masonry patio, and an outdoor shower; construct masonry retaining walls around the west and south sides of the pool to contain the pool and approx. 55 cy. earthen material to be obtained from pool excavation; install a drywell to contain pool backwash and a pool enclosure fence; and establish an 8' wide non -turf buffer and a variable width (+/-32' - +/-71'], approx. 11,699 sf. non- disturbance buffer is CONSISTENT with the LWRP Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney Jill M. Doherty, President Town Hall, 53095 Main Rd. James F. King, Vice -President y. t P.O. Box 1179 Dave Bergen '1F Southold,NY 11971 Bob Ghosio, Jr. Telephone (631) 765-1892 John Brederneyer Of �� Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only Coastal Erosion Permit Application _ Wetland Permit Application Administrative Permit —Amendment/Transfer/Extension Received Application: .30 l� ceived Fee: d t7l_Completed Application SEQRA Classification: Type 1—Type 11 Unlisted Coordination: (date sent) ,/LWRP Consistency Ass ssment Form � Izl I II __CAC Referral Sen __Aate of Inspection:: A'lt-1 111 _Receipt of CAC Report: _Lead Agency Determination: Technical Review: _Public Hearing Held: ll Resolution: Name of Applicant CHRISTOPHER & MAIRI YOUNG Address 53 HEWLETT LANE PORT WASHINGTON, NY 11050 Number: 51 903-0668 Suffolk County Tax Map Number: 1000 - 115-17-17.11 Property Location: 470 WILLIS CREEK DRIVE, MATTITUCK (provide LILCO Pole #, distance to cross streets, and location) AGENT: EN -CONSULTANTS (If applicable) Address: 1319 NORTH SEA ROAD, SOUTHAMPTON, NY 11968 -C AUG 3 0 2011 JIL Bond of 631-283-6360 N5- W AUG s a 2011 EN -CONSULT, 1319 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 Tel 631-283-6360 Fax: 631-283-6136 C���,�, �-YJL � *Board of Trustees Appl i cOon GENERAL DATA Land Area (in square feet): 44,453 S.F. Area Zoning: R-40 Previous use of property: RESIDENTIAL, SINGLE-FAMILY DWELLING Intended use of property: SAME, WITH SWIMMING POOL Covenants and Restrictions: X Yes No If "Yes", please provide copy. Does this project require a variance from the Zoning Board of Appeals Yes X No If "Yes", please provide copy of decision. Prior permits/approvals for site improvements: Agency Date SOUTHOLD TRUSTEES #6159 7/20/05 NYSDEC TIDAL WETLANDS 41-4738-03486/00001 12/18/07 USA COE #NAN-2005-967-ESP 4/18/08 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 a 4'x 18' extension to an existing, permitted 4' wide fixed catwalk with a 4'x 12' fixed "T" section at the terminal end thereof, as depicted on the project plan prepared by En -Consultants, dated 8/17/11. Construct a 16' x 32' inground, partially raised swimming pool, a raised masonry patio, and an outdoor shower; construct masonry retaining walls around the west and south sides of the pool to contain the pool and approximately 55 cubic yard earthen material to be obtained from pool excavation; install a drywell to contain pool backwash and a pool enclosure fence; and establish an 8' wide nonturf buffer and a variable width (+/-32' - +/-71% approximately 11,699 square -foot nondisturbance buffer, all as depicted on the site plan prepared by Nathan Taft Corwin 111, Land Surveyor, last dated August 24, 2011. Ward of Trustees Appl i calen WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Construction of a swimming pool for recreational use and extension of existing catwalk for improved boat dockage Area of wetlands on lot: 3,523 square feet Percent coverage of lot: +/-8 Closest distance between nearest existing structure and upland edge of wetlands: +/-56 feet (existing patio) Closest distance between nearest proposed structure and upland edge of wetlands: +/-55 feet (proposed patio) Does the project involve excavation or filling? l*ro X Yes If yes, how much material will be excavated? +/-85 cubic yards (for pool excavation) How much material will be filled? +/-53 cubic yards (to raise pool) Depth of which material will be removed or deposited: +/-3 feet (deposited) Proposed slope throughout the area of operations: Manner in which material will be removed or deposited: Standard construction practices. N/A Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): The proposed extension of the existing, permitted catwalk will have no significant or adverse impact on the quality or function of the adjacent tidal wetlands or water, as it will merely allow the structure to reach usable water depth for dockage of small craft (the existing structure terminates at the edge of vegetated marsh) and would be consistent in character with numerous similar structures along this dredged canal. The proposed swimming pool would exceed the wetlands setback for swimming pools required by Chapter 275, but substantial site mitigation is incorporated into the project for the purpose of permanently protecting the adjacent tidal wetlands. Specifically, an approximately 11,699 s.f. nondisturbance buffer ranging in width from approximately 32 to 71 feet is proposed adjacent to the wetlands boundary, and an 8' wide nonturf buffer is proposed in addition to and on the landward side of that nondisturbance buffer. Thus, in total, approximately 13,000 s.f. or 29% of the total parcel area will be permanently free of fertilizer dependent vegetation and able to act as a sink for surface water runoff and excess nutrients that might otherwise potentially enter the adjacent tidal waters. A drywell is also proposed to capture pool backwash. Therefore, the project in total will not have any significant adverse impacts on the adiacent wetlands or tidal waters. • D NUMBER 617.20 • SEQR PROJECT IAPPENDIX STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1- PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) l;HRMIPHE'R nt MAIRI YOUNG BY 2• PROJECT NAME EN -CONSULTANTS 3. PROJECT LOCATION: MunicipahtyMATTITUCK County SUFFOLK 4. PRECISE LOCATION: Street Address and Road Intersections. Prominent landmarks etc - or provide map 470 WILLIS CREEK DRIVE, MATTITUCK, TOWN OF SOUTHOLD, SCTM #1000-115-17-17.11 5. IS PROPOSED ACTION: ® New ❑ Expansion ❑ mochlication/ alteration 6. DESCRIBE PROJECT BRIEFLY: Construct a 4' x 18' extension to an existing, permitted 4' wide fixed catwalk with a 4'x 12' fixed "T" section at the terminal end thereof, as depicted on the project plan prepared by En -Consultants, dated 8/17/11. Construct a 16' x 32' inground, partially raised swimming pool, a raised masonry patio, and an outdoor shower; construct masonry retaining walls around the west and south sides of the pool to contain the pool and approximately 55 cubic yard earthen material to be obtained from pool excavation; install a drywell to contain pool backwash and a pool enclosure fence; and establish an 8' wide nonturf buffer and a variable width (+/-32' - +/-71'), approximately 11,699 square -foot nondisturbance buffer, all as depicted on the site plan prepared by Nathan Taft Corwin III, Land Surveyor, last dated August 24, 2011. 7. AMOUNT OF LAND AFFECTED: initially +/-IA acres Ultinvatel +/-l.l acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? ®Yes El No If no, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) ® Residential ❑ Industrial 0 Commercial Agriculture [] Park / Forest/ Open Space El Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) ®Yes El No If yes, list agency name and permit / approval: DEC, COE, DOS 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes ®No If yes, list agency name and permit / approval: 1tIS ALTNo OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? Yes I CERTIFY THAT HE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponsor Name BERT E. HERRMANN, COASTAL MANAGEMENT SPECIALIST Date: AUGUST 26, 2011 Signature If the action is a Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment 0 oe 0 A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. 1--1 Yes n No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? I(No, a negative declaration may be superseded by another involved agency. 1-1 Yes I ✓ I No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion. drainage or flooding problems? Explain briefly: C2. Aesthetic, agi C3. Vegetation or C4. A community's C5. Growth, subsequent development. or related C6. Long term, short tens, cumulative, or C7. Other impacts (Including changes in use D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL ENVIRONMENTAL AREA (CEA)? If yes. explain briefly: 0 Yes ❑✓ No E. IS THERE, OR IS TH Yes a No resources; or or mreateneo or THAT CAUSED THE ESTABLISHMENT OF A CRITICAL PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identfiedabove, determine whether tissubstantial, large, important orothenvisesignificant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been Identified and adequately addressed. Ifquestion d of part ii was checked yes, the detennination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CFA. Check this box tyou have identified one or more potentially large or signlficantadverse knpactswhIc h MAY occur. Then proceed directly to the F EAF and/or prepare a positive declaration. Check this box If you have determined, based on the Information and analysis above and any supporting documentation, that the proposed a WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting determination. Board of Trustees Name of Lead Agency Jill M. Doherty Pript or hype Name of Responsible Officer in Lead Acencv /,;?- -// to President Title of Responsible Officer Signature of Preparer (If different from responsible officer) o� Town of Southold Erosion, Sedimentation & Storm -Water Run-off ASSESSMENT FORM �s PROPERTY LOCATION: S.C.T.MA THE FOLLOWING ACTIONS MAY REQUIRE THE SUBMISSION OF A 1000 115 17 17.11 STORM -WATER, GRADING, DRAINAGE AMP EROSION CONTROL PLAN li isir—tcT Section Block Lot CERTIFIED BY A DESIGN PROFESSIONAL IN THE STATE OF NEW YORK. SCOPE OF WORK -PROPOSED CONSTRUCTION ITEM # / WORK ASSESSMENT es No a. What is the Total Area of the Project Parcels? 1 Will this Project Retain All Storm -Water Run -Off (include Total Area of all Parcels located within 44,453 S.F. the Scope of work for Proposed Construction) Generated by a Two (2") Inch Rainfall on Site? / ❑ (This item will include all run-off created by site (&FJAeres)) LX\ b, What is the Total Area of Land Clearing clearing and/or construction activities as well as all and/or Ground Disturbance for the proposed +/-3,000 S.F. Site improvements and the permanent creation of construction activity? impervious surfaces.) Is.p. / Attes) 2 Does the Site Plan and/or Surg Show All Proposed Si ❑ Drainage structures Indicating Size &Location? This PROVIDE BRIEF PROJECT DESCRIPTION (Provide Additional Pages as Needed)) item shall include all proposed Grade Changes and Construct a 4'x 18' extension to an existing, permitted 4' wide fixed catwalk with Slopes Controlling Surface Water Flow, 3 Does the Site Plan and/or Survey describe the erosion ❑ and sediment control practices that will be used to control site erosion and storm water discharger. This Item must be maintained throughout the Entire Construction Period. 4 Will this Project Require any Land Filling, Grading or a 4'x 12' fixed "T" section at the terminal end thereof, as depicted on the project plan prepared by En -Consultants, dated 8/17/11. Construct a 16'x 32' inground, partially raised swimming pool, a raised masonry patio, and an outdoor shower; construct masonry retaining walls around the west 55 and south sides of the pool to contain the pool and approximately cubic yard Excavation where (here is a change to the Natural Existing Grade involving more than 200 Cubic Yards ❑ of Material within any Parcel? 5 Will this Application Require Land Disturbing Activities ❑ \ / Encompassing an Area in Excess of Five Thousand LXX (5,000 S.F.) Square Feet of Ground Surface? 6 Is there a Natural Water Course Running throughthe Site? Is this Project within the Trustees jurisdiction or within One Hundred (100) feet of a Wetland or — earthen material to be obtained from pool excavation; install a drywell to contain pool backwash and a pool enclosure fence; and establish an 8' wide nonturf buffer and a variable width (+/-32'- +/-71'), approximately 11,699 square -foot nondisturbance buffer, all as depicted on the site plan prepared by Nathan Taft Corwin III, Land Surveyor, last dated August 24, 2011. General DEC SWPPP Requirements: Submission of a SWPPP is required for all Construction activities involving soft Beach? 7 will there be Site preparation on Existing Grade Slopes Elare which Exceed Fifteen (15) feet of Vertical Rise to disturhmres of ore(1)or more aua: including dishuiwres of less than are acre that part of a larger omeriar plan that will ultimately disturb ore or more acres of lords; WudingCor6twbmac'awti mmolvugwd dmshmLmmcesof leatlartme(1)acrewhie One Hundred (100') of Horizontal Distance? the DEC has determined that a SPDES permit is required for stormwater discharges. (SWPPP's Shall the Minimum Requirements the SPDE S General Permit p O Will Driveways, Parking Areas impervious meet of for Storm Water Discharges from Construction activity -Permit No. GP -0-10-001.) 1. The SW PPP shall be prepared prior to the submittal of the NOL The NOI shall be or other Surfaces be Sloped to Direct Storm -Water Run -Off F-1 \ / into and/or in the direction of a Town right-of-way? JL(, submitted to the Department yrior to the commencement of construction activity. 2. The SW PPP shall describe the erosion and sediment control practices and where (� 9 Will this Project Require the Placement of Material, storm water management practices that will beusedand/or constructed to reduce the pollutants in storm water discharges and to assure Removal of Vegetation and/or the Construction of any 1:1required,postconstruction Within Item the Town Right -of -Way or Road Shoulder compliance with the terms and conditions of this permit. In addition, the SW PPP shall identify potential sources of pollution which may reasonably be expected to affect the Area? (Thio Item will NOT Intlnde the installation o(Drlveway Aptaee.) quality of storm water discharges. NOTE: If Any Answer to Questions One through Nine is Answered with a Check Mark 3. All SWPPPs that require the post -construction storm water management practice component shall be prepared by a qualified Design Professional Licensed in New York in a Box and the construction site disturbance is between 5,000 S.F. & 1 Acre in area, a Storm -Water, Grading, Drainage & Erosion Control Plan is Required by the Town of Southold and Must be Submitted for Review Prior to Issuance of Any Budding Permit. that is knowledgeable in the principles and practices of Storm Water Management. NJIE AChkMark mAmueforearhQasUmis fora STATE OF NEW YORK, SUFFOLK SS COUNTY OF ----------------------------------- That f, ROBERT E. HERRMANN------------------------- being duty sworn deposes and says that he/she is the applicant for Permit, ----------------- l - (1`hmm6urivival isl sffivgl]nnatj And that he/she is the AGENT FOR OWNER — _.. _.. -- ------------ .. -- -------------- -------- (O.uv, Can-xta Port C.a}nabecffi— are Owner and/or representative of the 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 true to the best of his knowledge and belief; and that the work will be performed. in the manners set forth in the application filed herewith. Sworn to before me this; ---26th----._.- .....-. _ . __.-.. day of, AUGUST---- -------------- -20 11 4�8oa Notary ---- '- -- - ---- -`--- - -------------H €NS e of Applicant) FORM -06/10 NOTARY PUBLIC STATE OF NEW YORK COMMISSION N0. 5015931 OUALIFIEO IN SUFFOLK CO NTY EXPIRES AU6U51 2, 20- Jill M. Doherty, President James F. King, Vice -President Dave Bergen Bob Ghosio, Jr. John Bredemeyer BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of CHRISTOPHER & MAIRI YOUNG COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I ROBERT E. HERRMANN , yggi&k*)at /dba EN -CONSULTANTS 1319 NORTH SEA ROAD, SOUTHAMPTON, NY 11968 being duly sworn, depose and say: Town Hall, 53095 Main Rd. P.O. Box 1179 Southold,NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 That on the 13TH day of SEPTEMBER , 2011, I personally posted the property known as 470 WILLIS CREEK DRIVE, MATTITUCK, TOWN OF SOUTHOLD, SCTM #1000-115-17-17.11 by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held Wed, Seatember,21, 2011 on or about 6:00 PM. Dated: Sworn to before me this 21 ST day of SEPT. 2011 ary ublic NIM H. STEPHEN NOTARY PUBLIC STATE OF NEW YORK COMMISSION N0, 5015931 QUALIFIED IN SUFFOLK COUNTY EXPIRES AUGUST 2. 204 NOTICE TO ADJACENT PROPERTY OWNER' i BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: CHRISTOPHER & MAIRI YOUNG SCTM# 1000-115-17-17.11 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 a 4' x 18' extension to an existing, permitted 4' wide fixed catwalk with a 4' x 12' fixed "T" section at the terminal end thereof, as depicted on the project plan prepared by En -Consultants, dated 8/17/11. Construct a 16' x 32' inground, partially raised swimming pool, a raised masonry patio, and an outdoor shower; construct masonry retaining walls around the west and south sides of the pool to contain the pool and approximately 55 cubic yard earthen material to be obtained from pool excavation; install a drywell to contain pool backwash and a pool enclosure fence; and establish an 8' wide nonturf buffer and a variable width (+/-32'- +/-71'), approximately 11,699 square -foot nondisturbance buffer, all as depicted on the site plan prepared by Nathan Taft Corwin III, Land Surveyor, last dated August 24, 2011. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 470 WILLIS CREEK DRIVE, MATTITUCK 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: SEPTEMBER 21ST, 2011 @ 6:00 P.M. You may contact the Trustees Office at 765-1892 or in writing. The above -referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. PROPERTY OWNERS NAME: CHRISTOPHER & MAIRI YOUNG 53 HEWLETT LANE MAILING ADDRESS: PORT WASHINGTON, NY 11050 PHONE#: 516-903-0668 AGENT: EN -CONSULTANTS MAILING ADDRESS: 1319 NORTH SEA ROAD, SOUTHAMPTON, NY 11968 PHONE #: 631-283-6360 Enc: Copy of sketch or plan showing proposal for your convenience. James Hoeg & Karen November Heribert Orth Joseph & Carin Francica Michael & Linda McDonnell Alice Devries & Patricia Devries Frank Martorana Mindy Martorana Joseph Zito STATE OF NEW YORK COUNTY OF SUFFOLK ROBERT E.HERRMANN CW MU LI NG CW Mn C'E ElCii EZM FI ID r Ai L 3aDM P C Address: 350 Willis Creek Drive Mattituck, NY 11952 Parkstrasse 12 D-55 trier, West Germany 355 Willis Creek Drive Mattituck, NY 11952 475 Willis Creek Drive Mattituck, NY 11952 3400 Deep Hole Creek Road Mattituck, NY 11952 172 Baylawn Avenue Copiague, NY 11726 172 Baylawn Avenue Copiague, NY 11726 3600 Deep Hole Drive Mattituck, NY 11952 doi ng bus news at EN -CONSULTANTS, INC. 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 being duly scorn, deposes and says that on the C14A day of C M ,20 Il , deponent nailed a true copy of the Notice set orth in the Hoard of Trustees Application, directed to each of the above naned persons at the addresses set opposite their respective nares; that the addresses set opposite the nares of said persons are the address of said persons as shove on the current assessrant roll of the Tovn of Southold; that said Ibtices mere railed at the Ufl ted States Post O f i ce at SOUTHAMPTON that said Notices ere W l ed to each of said persons by (certifie rar . I ROBERT E.HERRMANN COASTAL MANAGEMENT SPECIALIST Sworn to before rre this day of -k&r7k- 2011 KIM H. STEPHENS NOTARY PUBLIC STATE fF YORK NO. COMMISSION N0. 5015931 Notary Pubfic "UALIFIEO IN SUFFOLK COU TY EXPIRES AUBUST 2. 201 o - iReceived by m" Spy T Fm Customer Must Declare Domestic Insurance up to $25,000 is induced Full Value $ $V.00 based upon the declared value. Intemallonal Indemnity is limited. (See Reverse). { D/t1 G o /3/q Nd, o - Urn vmmr 90;, Er7 s m _ O /alPr< May 2007 For d is (Domestlo Mb—H &A 110 For cd"Ii informffiid -a O Certified Fee O O Return Receipt Fee O CERTIFIED ,I Restricted Delivery Fee Er (Domestic Mail Only; No Insurance Coverage Provided)m o - LAID )I ` i:.' Postal R CERTIFIED MAILT,, o Co Postage $ co RECEIPT (Domestic Certified Fee : n T as O �. Return Receipt Fee On stmeark r-1 S E=71 O (Endorsement Required) O E3 O Restricted Delivery Fee (Endorsement Required) O -0 Postage $ 07 Om - Carl Fee Total Postagr James Hoe Novem o Return Receipt Fee Postmark Here 0 Saint re 350WillisC ,Karen Driv 0 (Endorsement Required) Restricted Delivery Fee ra r3 orrPO6oa; No. Mattituck, NY 11952 - O (Endorsement Required) _.. $ P5�. ciN. State, Zlf - m Total Postag Alice Devries & Patricia Devries MINIM, o sent To 3400 Deep Hole Creek Road RegisttPostage$2.17 Date Stam P o srrast npr. Ni Mattituck, NY 11952 021 374t1S �� O N N), ry or PO Box No City slate, zit - '- $1i.50 0968 e $V.VV Return ReceiptP T "' E o Restricted g�.Qli 09/091 11' Postal Delivery o - iReceived by m" Spy T Fm Customer Must Declare Domestic Insurance up to $25,000 is induced Full Value $ $V.00 based upon the declared value. Intemallonal Indemnity is limited. (See Reverse). { D/t1 G o /3/q Nd, o - Urn vmmr 90;, Er7 s m _ O /alPr< May 2007 For d is (Domestlo Mb—H &A 110 For cd"Ii informffiid -a O Certified Fee O O Return Receipt Fee O (Entlorsement Peen red) Restricted Delivery Fee O (Endersement Required) o - E3 m Total Postage" IA leglsterea Mall copy 1 - Credential, (See Information on Reverse) visit our website at www.usps.corn I T O IV� Postmark Here c3FPOt Te Joseph & Carin Franctc rr, 355 Willis Creek Drive CO reet. Apt No.; r` S.No Mattituck, NY 11952 mR e . -0 t .x O 0 T ED Postage $ � . A� A O Critics! Fee -. (] O Peturn Receipt Fee Postmark - (Endo sameot Requiretl) '' t Hera Restricted Delivery Fee � rB�docan,e�t Required) 0 TotaI Poste{ �o m --rr Michael& Linda McDonnell 475 Willis Creek Drive O I Sv, A,t N7 r. r Mot Na Mattituck,NY 11952 (Domestic on 0 O 0 Postage $ O Certified Fee Return Receipt Fee Postmark OO (Entlorsement Required) Here Restricted Delivery Fee O (Endorsement Required) Ir fO Total Postagr O or To Frank Martorana r3172 Baylawn Avenue O Street, Apt. No - r� or PO sox No. Copiague, NY 11726 city, stays,-ZIF O"' f`(Domestic Ln Jill 11907f O �Postage $ rho OOnr O Certified Fee 4� - O- Postmark\ .� Return Receipt Fee 00 (Endorsement Required) c `,I a'n Here - Restricted Delivery Fee O (Endorsement Required) Er O Total Pr - - M Sent To Mindy Martorana U25 � 172 Baylawn Avenue p sni,;J. A{ Copiague, NY 11726 ... - r, or PO So. ---------- crry, srarr (Domestic ----- Ln a a T_. 0 O Postage $ 0 O Certified Fee p Postmark - t Return Receipt Fee i Here O (Endorsement Repaired) j" O 9 ,t Restricted! Delivery Fee O (Endorsement Required) Er C3 Total Postage 1`111USo5 C3 7si Joseph Zito 3600 Deep Hole Drive C3 r Mattituck, NY 11952 v Board of Trustees Application AUTHORIZATION (where the applicant is not the owner) I, KA1Ri YoL ,.t ° residing at (print owner of pro erty) S3 (mailing address) Al'I P b Jro hereby authorize (Agent) t"/i Co /J.5 N c;T A -(-f _to apply for permit(s) from the Southold Boar of Town Trustee5-16o my behalf. 1 • 0 Board of Trustees Application County of Suffolk State of New York G j+e-( 51-0 f {,P- Yb, I` -J d( M k% kg-� �f by fS & BEING DULY SWORN DEPOSES ANDA FIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, 1 HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WIT REVIEW OF THIS PLICATION. ROCCO ZITO JR. Notary Publ,C. State of New Yolk ouaj'�f f-ni�k County 'T Commission xF asrob. 13, —� b �3, turas; ii:a t:,: Ck►'Ish% Sign tore P. -ori V;.:isninr,`, N1 SWORN TO BEFORE ME THIS DAY OF ��� 20 jL Notary PROCCO fate of New Yolk No. 01Z16140911 OuttllfledinSuffolk Comly OOMmY MOn Expires Feb. 13, �h /Ni0 � otary Public 0 0 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the n n of town officers and emolovee . The numose of this fonn is to provide information which can alert the town of nossible conflicts of interest and allow it to take whatever action is necessary to avoid same. ,A •. �y,Q /✓ YOUR NAME: A l 12 I Cr 11� I S Y© (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: (Chccl: all that apply.) Tax grievance Variance Change of Zone Approval of plat Exemption from plat or official map Other (If "Other", name the activity.) _ Building Trustee Coastal Erosion Mooring Planning 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 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 employce or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); __B) the legal or beneficial owner of any interest in a non -corporate entity (when the applicant is not a corporation); _C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP �V-TER yC)LA, 6- CHA1 14 n1 0'ha CiiC( t �, ri-I11 ' I S y© u A) Gmy I - Submitted this Z-3day of A u 144 200 Z®( ( Signature N� Print Name Form TS 1 Towh of Southold 0 LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS I. A II applicants for perm its* including Town of Southold agencies, shall com plete this CCAF for proposed actions that are subject to the Town of Southold W aterfront Consistency Review Law. This assessm eni is intended to supplem ent other inform alion used by a Tow n of Southold agency in on a k in g a d e to fm in a t i o n o f c o n s is le n c y. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. AAproposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listine both supportine and non- supportin2 facts. 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 of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the P CD"e�t, libraries and the Town Clerk's office. r----------- _��l I I B. DESCRIPTION OF SITE AND PROPOSED ACTION !' ' AUS 3 0 2011 SCTM# 135 1 27 : : 4 Southhold Town—' PROJECT NAME CHRISTOPHER & MAIRI YOUNG Board of Trustee, The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board ❑ Building Dept. ❑ Board of Trustees Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital ❑ construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) ❑ (c) Permit, approval, license, certification: Nature and extent of action: Construct a 4'x 18' extension to an existing, permitted 4' wide fixed catwalk with a 4'x 12' fixed "T" section at the terminal end thereof, as depicted on the project plan prepared by En -Consultants, dated 8/17/11. Construct a 16' x 32' inground, partially raised swimming pool, a raised masonry patio, and an outdoor shower; construct masonry retaining walls around the west and south sides of the pool to contain the pool and approximately 55 cubic yard earthen material to be obtained from pool excavation; install a drywell to contain pool backwash and a pool enclosure fence; and establish an 8' wide nonturf buffer and a variable width (+/-32'- +/-71'), approximately 11,699 square -foot nondisturbance buffer, all as depicted on the site plan prepared by Nathan Taft Corwin III, Land Surveyor, last dated August 24, 2011. 0 0 Location of action: 470 WILLIS CREEK DRIVE. MATTITUCK Site acreage: 44,453 S.F. Present land use: RESIDENTIAL, 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: CHRISTOPHER & MAIRI YOUNG (b) Mailing address: 53 HEWLETT LANE PORT WASHINGTON, NY 11050 (c) Telephone number: Area Code 516-903-0668 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No ® If yes, which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ElYes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No ® Not Applicable • 0 Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ❑ Yes ❑ No ® NotApplicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ® Yes ❑ No ❑ Not Applicable The project will be consistent with Policy 5 to the extent it is applicable, as the proposed dock extension will be constructed with untreated decking as required by Chapter 275, and a drywell will be installed to collect backwash from the proposed swimming pool. Moreover, a substantial nondisturbance buffer ranging in width from 32 to 71 feet and have an approximately area of 11,699 s.f. is proposed adjacent to the tidal wetlands boundary, and an approximately 1,300 s.f., 8' wide nonturf buffer is proposed landward thereof. Thus, in total, approximately 13,000 s.f. or 29% of the total parcel area will be permanently free of fertilizer dependent vegetation and able to act as a sink for surface water runoff and excess nutrients that might otherwise potentially enter the adjacent tidal waters. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. ® Yes ❑ No ❑ Not Applicable The proposed extension of the catwalk wilfve no significant or adverse impact on the quat or function Although the proposed swimming pool will exceed the wetlands setback required by Chapter 275, substantial and permanent site mitigation is proposed in the form of nondisturbance and nonturf buffers, which will serve to protect the quality and function both of the adjacent tidal wetlands and surface waters, as described with reference to Policy 6 above. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes [:]No ® Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. VN Yes ❑ No ❑ Not Applicable Extension of the existing fixed catwalk and placement of a watercraft with a berth no greater than 7 feet will not intrude into the adjacent dredged canal more than one-third the width of the canal at low tide at the narrowest point of the canal adjacent to the dock. Therefore, the project will not preclude or inhibit navigation through the canal. There is no practicable pedestrian public access along the subject shoreline that would be obstructed by the proposed dock extension. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water -dependent uses and promote sitiMfor f new water -dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through evaluation criteria. ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable r PREPARED BY Amended on 811105 TITLE COASTAL MGMT SPECIALIST DATEAUG. 26, 2011 s 4 EN -CONSULTANTS, INC. ENVIRONMENTAL CONSULTING August 26, 2011 Town of Southold Board of Trustees 54375 Main Road Post Office Box 1179 Southold, New York 11971 Attn.: Lauren Standish Re: Christopher & Maid Young 470 Willis Creek Drive, Mattituck SCTM #1000-115-17-17.11 Dear Ms. Standish: 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www.enconsultants.com p EC E I V E D AUG 3 0 2011 Southhold Town Board of Trustees In regard to the above referenced property, enclosed are the following for the Board of Trustees review: 1. Three (3) Wetland Permit Applications including: a) Short Environmental Assessment Form; b) Authorization & Disclosure Forms; and c) survey. 2. One (1) set of site photographs. 3. Application fee of $250.00 wetlands. 4. 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. t y,SiE. Herrmann Coastal Management Specialist /khs Enc. WILLIS 1s' mumo% L' Sl Mr — _—_—_—_—_� —_— _—_ APPROVED= ED= BOARD OF TRU: TOWN OF SOOT ATE C. i 4 1 • 2 STOW FOAW ORYEMY NO= t SAM" 1 " = 50' 4 a, a a � 4 +I 4 k'D GD70ED EP HOLD CREE CREEKVIM J FkOPO%-12 F10912OCK MN510N FOk CW15T01'I V YOUNG ON =909 CANAL TO Mff FM CM, MAT11TUCK. 51 FOLK COUNTY, NY 5HFFT I OF 2 8-11-11,10-19-11 E N - CONSULTANTS 1319 NORTH SEA RD. SOUTHAMPTON, NY 11968 631-233-6360 54fok C4111tA� It&rArOml M p 25 4 4, Flip CA1`M D Ey„ FO(ED yr A. x 12' n%ED 'T I. Pwpose: Extend ex. fixed dock far knproved private, nxcanmerclal boat Joa w 2. Datum: &W 5. 54w t pasts ad 5tructual thnber5 to be CCA treated; deckkq to be fiber4a55-rekrfarcad, open -q -ate (Thru-Floe*M or sknda- product) 4. Dock to 6e ec{uWd with water " electric service aid a na&1ation 1* 5, Water depths ( referenced to lav water) tra5abed from hydrogrghic sway prepa ed b4 Nathan T. Corwin, III, last dated -1m 5, 2011 6. Project location: 490 %16 Creek Drive. Matkkuck, NY; 5CTM No, 1000-115-11-1-7,11 5�CfION THPU PFOP05�12 nOCK PMACFMFNf & �XTN510N F19P CATWALK MOP. 12' FIYFP POCK FXSN51ON T-� p � FOR 4'wll7F FIX P T II 1 --10' 4" x 4" 5LN'pOFf F05T5 MNW- 3' -61' Cl� M O N��OO-R RZNtic x �• HOZ O �z a 4" x 4" 5LN'pOFf F05T5 MNW- 3' -61' ImGs G AREA % LOT COVERAGE EXIST. HOUSE AND AUG 3 0 II 2011 L LLI 81.00'00"1jF E N T FUG LOT 70 L=59. 'm Ul SURVEY OF LOT 11 MAP OF HARBOR VIEW AT MATTITUCK FILE NO. 8377 FILED AUGUST 21, 1987 SITUATE MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-115-17-17.11 SCALE 1"=30' AUGUST 29, 2010 NOVEMBER 11, 2010 ADDED TOPOGRAPHICAL SURVEY DECEMBER 1, 2010 ADDED SOUNDINGS BY DOCK JUNE 3, 2011 ADDED PROPOSED POOL AUGUST 24, 2011 REVISED PROPOSED POOL TOTAL AREA = 44,453 sq, ft. (TO TIE LINE) 1.021 cc. UPLAND AREA = 40,930 sq. ft. WETLANDS AREA — 3,523 sq. ft. (TO TIE LINE) EXISTING LOT COVERAGE OVER TOWN OF SOUTHOLD BUILDABLE LAND (BUILDABLE LAND= UPLAND AREA NOT INCLUDING 12' DRAINAGE EASEMENT) (BUILDABLE LAND= 38,353 sq. ft.) DESCRIPTION AREA % LOT COVERAGE EXIST. HOUSE AND 0 EXIST. HOUSE AND ROOFED PORCH, �A: N p 7.4Y. PORTION OF PROPOSED 455 sq. ft. 2.846 sq. f+. 7.4^/. ROOFED PORCH, 219.37' �'. mr` 5.1% xm PROP. POOL 512 fG F9UND ft. 1.3% BID c MON, Ln I I 'Iry POOL PATIO 1,033 sq. ft. 2.7% PROP. OUTSIDE SHOWER 28 �+ El L 0.1% O I = 4,419 sq. ft. F� fTT lT{i ,1 I I�M a 3 5 z ry Mi i, OR G.sFF 1 LOT I,. FB (:•�r II PC PaoP o a ori L ES 23 1 111 � • All I W '\, •• O • i EXISTING 9ELGIgN LD 2 GILOCH CURB N b wrwFu A �• P _ . �ExloadW¢WA?A . EXIST. ASPHALT W pRIVEWAY 1 _ " xg f IA CE ,o ?o Nv 19.1a \e k. 0 , �$ SURVEY OF LOT 11 MAP OF HARBOR VIEW AT MATTITUCK FILE NO. 8377 FILED AUGUST 21, 1987 SITUATE MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-115-17-17.11 SCALE 1"=30' AUGUST 29, 2010 NOVEMBER 11, 2010 ADDED TOPOGRAPHICAL SURVEY DECEMBER 1, 2010 ADDED SOUNDINGS BY DOCK JUNE 3, 2011 ADDED PROPOSED POOL AUGUST 24, 2011 REVISED PROPOSED POOL TOTAL AREA = 44,453 sq, ft. (TO TIE LINE) 1.021 cc. UPLAND AREA = 40,930 sq. ft. WETLANDS AREA — 3,523 sq. ft. (TO TIE LINE) EXISTING LOT COVERAGE OVER TOWN OF SOUTHOLD BUILDABLE LAND (BUILDABLE LAND= UPLAND AREA NOT INCLUDING 12' DRAINAGE EASEMENT) (BUILDABLE LAND= 38,353 sq. ft.) DESCRIPTION AREA % LOT COVERAGE EXIST. HOUSE AND % LOT COVERAGE EXIST. HOUSE AND ROOFED PORCH, 2,848 sq. ft. 7.4Y. PROPOSED LOT COVERAGE OVER TOWN OF SOUTHOLD BUILDABLE LAND (BUILDABLE LAND= UPLAND AREA NOT INCLUDING 12' DRAINAGE EASEMENT) (BUILDABLE LAND= 38,353 sq. ft.) DESCRIPTION AREA X LOT COVERAGE PORTION OF PROPOSED % LOT COVERAGE EXIST. HOUSE AND INGROUND POOL 284 sq. ft. 1.9% PORTION OF PROPOSED 455 sq. ft. 2.846 sq. f+. 7.4^/. ROOFED PORCH, 789 sq. ft. 5.1% PROP. POOL 512 sq. ft. 1.3% PROP. RAISED POOL PATIO 1,033 sq. ft. 2.7% PROP. OUTSIDE SHOWER 28 sq. ff. 0.1% ------------ TOTAL PROPOSED 4,419 sq. ft. 11.5% PROPOSED LOT COVERAGE OF NYSDEC ADJACENT AREA BY IMPERVIOUS SURFACE (AREA BETWEEN WETLANDS AND 1994 10' CONTOUR LINE 15,192 sq.ft.) DESCRIPTION AREA X LOT COVERAGE PORTION OF PROPOSED INGROUND POOL 284 sq. ft. 1.9% PORTION OF PROPOSED 455 sq. ft. 3.2% MASONRY PATIO TOTAL PROPOSED 789 sq. ft. 5.1% 1 1 �A 03 u , t j7^3A35DEC nii LOT 12 i2 �c S NOTES: A a t 0 1. ELEVATIONS ARE REFERENCED TO N.A.V.D. 1988 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:+.T o o; EXISTING CONTOUR LINES ARE SHOWN THUS: — - FIRST 1131 S. f11, - GARAGE FmoR - TOP OF BULKHEAD ♦' 2- DORDM OF 9uLKHGD ,B ",' TOP OF cu RD CO 13' - R. or ou,B B` O ' % 2. FLOOD ZONE INFORMATION TAKEN FROM: m - FLOOD INSURANCE RATE MAP Na. 361D3C04B2H ,p ZONE AS BASE FLOOD ELEVATIONS DETERMINED ZONE X' AREAS OF 02% ANNUAL CHANCE FLOOD. AREAS OF 1% ANNUAL CHANCE FLOOD WITH AVERAGE DEPTHS OF LESS THAN 1 FOOT OR WITH DRAINAGE AREAS LESS THAN 1 SQUARE MILE; AND AREAS PROTECTED BY LEVEES FROM 1% ANNUAL CHANCE FLOOD, ZONE X: AREAS DETERMINED TO BE OUTSIDE THE 0,2% ANNUAL CHANCE FLOODPLAIN 3. APPROXIMATLY 55 L. yds. OF FILL NEEDED TO RAISE GRADE AROUND PROPOSED POOL TO BE GENERATED FROM POOL EXCAVATION. f?ILrFR0VED BY U AP D OF TRUSTF15 "TOWN OF SOUTHOLD L Si. /y UNAUTHORIZED ALTERATION OR ADDITION To THIS SURVEY IS A VIOLATION GF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKEDSEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY, CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY 15 PREPARED. AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON,AND TO THE ASSIGNEES OF THE LENDING INSTI- TUTION, CERTIFICATION ARE NOT TRANSFERABLE. THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED