Loading...
HomeMy WebLinkAbout1000-33.-3-19.4 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY11971 Telephone:631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONTREVITALIZATION PROGRAM TOWN OFSOUTHOLD MEMORANDUM To: Jill Doherty, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: April 18, 2011 Re: Proposed Wetland Permit and Coastal Erosion Permit for JOSEPH OCCHIPINTI SCTM#1000-33-3-19.4 The parcel is subject to a Planning Board Covenant and Restriction. JOSEPH OCCHIPINTI requests a Coastal Erosion Permit and an Administrative Permit to repair an eroded bluff by adding approx. 60 cy. of fill and re-vegetating with native plants, and to install a 4' wide path. Located: 1250 Sound Dr., Greenport. SCTM#33-3-19.4 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the Policy Standards and therefore is INCONSISTENT with the LWRP. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction Comply with Trustee regulations and recommendations as set fotfh in Trustee permit conditions. The applicant cleared the vegetated buffer without a Chapter 275 and Chapter 111 permit. Further, the applicant has violated Clause 11. of a Planning Board Covenant and Restriction Liber D00012106, Page 575 (Dated February 12th, 2001) filed on the property. The clause reads "No grading shall be permitted within 100' of the top edge of bluff except that which is necessary to control or remedy erosion or to prevent storm water from flowing over the edge of the bluff". 2010 areal photos indicate that the subject area was vegetated seaward of the hedge in the rear yard. The 2006 areal photos show that erosion occurred on the face of the bluff. In 2010 the erosion appears to have slowed except landward of the large boulder on the beach. 'Figure 1. Showing hedge and vegetated area. Figure 2. Showing historical erosion (2006) The clearing of vegetation on/adjacent to the bluff is in direct conflict with sound erosion control practices. It is recommended that the applicant be required to restore the cleared area with native vegetation capable of providing effective erosion control. In addition the Board may want to consider installing a subsurface drainage system with a holding/leaching tank located on the parcel landward as practicable. I will bring this matter to the Planning Board for discussion. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its wdtten determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney TORRENS $~rhl # EA-52 17 (County) EA-5217 tState) Comm. orEd. __~_ oo __ Sub Totnl Sub Total GRAND TOTAL R~al Property Tax Service A~ency Verification Dist. Section B [o~k Lot 1000 ~,3300 03.00 Olg.O00 'h Recording / Filing Stumps Mot:gage Amt. I. Basic Tax 2. Additional Ta~ Sub To~I ' SpecdA~sit. Or Spec./Add. TOT. MTG. TAX Dual Town Dual Count},__ Held for Apportionment Cormuunity Preservation Fund Consideration Amount $ CPF Tax Due $ ~.~ Satisfactions,'Discha~geslReleascs List property Owners Mailin Charles R. Cuddy. Esq.. 445 Gr9ffing Avenue P.O. Box 1547 Riverhead, NY 11901 Suffolk This page fonm pa~ of the altacl~xl Sal Caiola & Benny Caiola TO TD TD TD Title Company Information Co. Name Tide # & Endorsement Page Declaration of Covenants & Restrictions (SPECIFY 1TPE OF INSTRUlv~qT ) The promises herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of Southol d In th~ VILLAGE or HAMLET of ~,,+hnl d made by: BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK IiX~K ONLY PRIOR TO RECORDING OR FI~RqG. DECt~R~T~ON OF COVBI~ql~T~ ~D IIESTRICT~ONS THIS DECLARATION, made this /~day of ~~ , 2001, by and between SAL CAIOLA and BENNY CAIOLA, JR., both~aving a mailing address at 230 East 85th Street, New York, New York 10028-3099, hereinafter referred to as the DECLARA~S: WITNES SETH : the Dsclaranta are the owners property situate at Greenport, WHEREAS, in fee simple of certain real Tow~ of Southold, County of Suffolk, State of New York, known and designated on the Suffolk County Tax Map as Distriot 1000, Section 33, Block 3, Lot 19, and more particularly described on the annexed Schedule A, and WHEREAS, for and in consideration of continuing the subdivision approval the Planning Board of the Town of Southold has deemed it to be for the best interests of the Town of Southold, the owners and prospective owners of said lots that the within covenants and restrictions be imposed on said lots, and that said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office, and WHEREAS, the Declarants have considered the foregoing and has determined that same will be in the best interests of the Declarants and subsequent owners of said lots, NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarants for the purpose of carrying out the intentions above expressed, does hereby make know~, admit, publish, covenant, and agree that the lots within said subdivision map shall C © hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors, and assigns, to wit: 1. A Homeowners Association to be created for Rockcove Estates subdivision will improve and maintain the roads and road drainage structures and facilities and provide for upkeep of same until accepted by the Town of $outhold. The Homeowners Association shall also own the beach property to the north of Lot 3, from the southern edge of the walkway down the bluff face to the high water mark, together with the walkway located between Lots 3 and 4. There shall be no vehicle access or parking allowed within the ten (10) foot wide walkway providing access to the beach property. Lots 1, 2 and 4 shall have the right to access the water front directly, subject to obtaining all applicable permits and approvals. 2. The use and development of that portion designated as Open Space Easement Area on Lot No. 19 of Rockcove Estates subdivision, will forever be restricted to some or all of the following: a) Farming operations and activities (including soil preparation, cultivation, fertilization, irrigation, pest control, and drainage control) and any other normal and customary farming operations; and the use of farm vehicles and equipment in connection therewith, all as designed and intended to promote and enhance agricultural production encompassing the production for commercial purposes of field crops (including without limitation, corn, wheat, oats, rye, barley, hay, potatoes and dry beans); fruits (including without limitation, apples, peaches, grapes, cherries and berries}; vegetables (including without limitation, tomatoes, snap beans, cabbage, carrots, beets, cauliflower, broccoli and onions); horticultural specialties (including without limitation, nursery stock, ornamental shrubs and ornamental trees and flowers); and all other fazl~ productS; b) Open fallow; c) Operations, encompassing the maintenance of livestock and livestock productions (including cattle, sheep, goats, horses and poultry) which are found acceptable and reasonably necessary by the Planning Board; d) Landscaped, wooded areas with lanes, walkways, foot paths, ponds or brooks and recreational areas for compatible recreational uses, which are found acceptable and reasonably necessary by the Planning Board and which are subject to approval by the Planning Board. 3. The following shall be adhered to on that portion of Lot No. 19 outside the Building Envelope which is designated as Open Space Easement Area for the purposes of preventing the loss of the aesthetic open space and the agricultural value of said premises: a) If at any time the ownership of the area shall change, or the use of the area shall be changed from the use present at the time of subdivision approval, (fallow farmland) or any subsequently approved use, to any other type of farm use in accordance with this Declaration of Covenants and Restrictions, a conservation plan shall be developed by the Soil Conservation Service for this particular property. then comply in all respects to this report, compliance with all updates of the shall have necessary. the right to require The farming practices shall and shall remain in report. The Planning Board updated reports when deemed b) No regrading shall be conducted thereon; the natural contours thereof shall remain generally undisturbed and no fill or spoil shall be placed thereon. c) No top soil, loam, sand, stone, gravel, rock or minerals shall be excavated or removed therefrom or placed thereon. d) Farming practices shall be such that erosion of the land is minimized and is in accordance with the standards of the Soil Conservation Management Plan, and nothing shall be permitted to occur thereon which would result in increased erosion of said premises. e) No streets, roadways or other right of ways for non-farming vehicular use shall be constructed or granted thereon. f) Except as may be required for reasons of irrigation, drainage, sanitation or disease control, no trees, plants or other vegetation located thereon, shall be killed, destroyed, cut or removed therefrom. g) No dumping, placement, storage or burning of any liquid or solid waste, garbage, ashes, sawdust, trash, rubbish, refuse or other toxic, hazardous, objectionable, unsightly or offensive material shall be permitted on or within the said premises. h) The said premises will forever be kept open and free of all signs, bill boards or other forms of visual advertisement of display. i) Ail structures, whether temporary or permanent, shall be located within the building envelope for Lot No. 19 as designated om the final subdivision plat for Rockcove Estates. Temporary or permanent structures (including but not limited to fences) which are deemed reasonably necessary as accessory building or structures for the utilization of the said premises for bonafide agricultural production may be allowed, subject to Planning Board approval. j) Retail sales shall be restricted to the sale of items produced on the property, .and shall be subject to Planning Board approval. 4. a) The drainage easement area located on Lot 19 shall not be obstructed in any manner; b) The Homeowners Association created for Rockcove Estates subdivision shall have the right to use the drainage easement area to access the recharge area if the roads and drainage area have not been dedicated to the Town of Southold. The Town of $outhold shall have the right to use. the drainage easement area to access the recharge area if the roads and drainage area have been dedicated to the Town of Southold. 5. That the. Declarants reserve the right to the exclusive use and possession of the area known as the Open Space Easement Area, to the extent not inconsistent with the covenants and restrictions hereinabove set forth; and Declarants or future owner(s) may exclude the general public or any designated person or persons from the use of or entry upon the said Open Space Easement Area, except that the town shall have the continuing right to inspect the said area to the extent reasonably required to monitor compliance and determine that the covenants, terms and provisions herein have not been violated, such inspection to be performed at reasonable times. 6. Access to proposed Lot 19 shall be from Homestead Way only. There shall be no vehicular access permitted from lot 19 onto C.R. 48 (Middle Road). 7. There shall be no on-street parking oR any street within the Rockcove Estates subdivlsion. 8. There shall be no further subdivision of any lot within the subdivision in perpetuity. , 9. No sanitary disposal ·facility shall be installed or constructed within 100 feet of the top of the bluff. 10. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the face of the bluff in any manner. 11. No grading shall be permitted within 100 feet of the top edge of the bluff except that which may be necessary to control or remedy erosion or to prevent stormwater from flowing over the edge of the bluff. 12. All lots will be required to have individual test wells prior to approval to construct. Any lot which does not meet the water quality standards shall not be built upon until public water is available. 13. The owner shall connect to public water when public water becomes available. © 14. There shall be no transfer of any of the lots prior to the installation of dry water mains and without an acceptable test well. 15. The Oeclarants grant the continuing right in perpetuity to the Town of Southold or any of its designated representatives to inspect any areas designated as open space, common areas, open space easements, or any similar nomenclature so as to ensure continued compliance with the covenasts, terms and provisions designated herein in regard to same and to ensure that such covenants, terms and provisions have not been violated. 16. Declarants grant the continuing right in perpetuity to the Town of Southold, any of its.designated representatives or any owner of property within the subdivision to enforce the conditions and restrictions of the covenants as they relate to the open space, common areas, open space easements, or any similar nomenclature and to take any legal action it deems necessary to enforce the conditions and restrictions of the covenants. These rights of inspection and enforcement shall be binding upon Declarants, their heirs, executors, legal representatives, distributees, successors, assigns and transferees. 17. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be o entitled to notice of such hearing, but their consent to such modification shall not be required. IN WITNESS WHEREOF, the D~clarants above named have executed the foregoing Declaration the day ~r f~rs~~· co Y oF sUFFoLK On the [~day of ~6//~" in the year 2001, before me, the undersigned, persona'ii.appeared personally known to me. or proved to me on the basis of satisfactory evidence, to be the individual whose name is subscribed to ~e within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, exe~uted the instrument. STATE OF NEW YORK ) on the 7~v~-- day. of ~ 'in the year 2001, before me, the undersigned, persona~y appeared BENNY CAIOLA, JR., personally known to me, or proved to me on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the the person upon bef~If o~ which the instrument, th. individual, or Ii. individual acted, executed the Certificate Illed In New YO~ Coun~ C DESCRIPTION OF PROPERTY FOR ROCKCOVE ESTATES ALL that certain plot, piece or parcel of land situate, lying and being near Greenport, in the Town of Southold, County of Suffolk, New York, bounded and described as follows: BECINNING at a concrete monument set on the Northerly line of Middle Road (also known as North Road) at the Southeasterly corner of land now or formerly of Keough and the southwesterly corner of the premises herein described; Running thence along caid land of Keough two COUrSeS as follows: 1} North 18 degrees 00 minutes 40 seconds West 200.00 feet to a concrete monument, thence 2) South 71' degrees 28 minutes 20 seconds West 50.00 feet to a concrete monument set at the northwesterly corner of said land of Keough; Running thence through the land now or formerly of Burt in a Westerly direction South 69 degrees 05 minutes D0 seconds West I64.88 feetto the easterly llne of land now or formerly of J.M.S. Land and Development Corporation at a point on said boundary linc W~ich'is 200 feet northerly from the northerly line of Middle Road; Running thence along said land of J.M.S. Land and Development Corporation the two courses as follows: 1) North 14 degrees 43 minutes 20 seconds West 508.54 feet; thence 2) South 69 degrees 06 minutes West 125.70 feet to a concrete monument and land now or formerly of H.J.S. Land and Development Corporation.; Running thence along land last mentioned two courses as follows: 1) No~th 20 degrees 24 minutes 50 seconds West 343.75 feet; thence 2) North 15 degrees 14 minutes 40 seconds West 1,186.15 feet to the ordinary high water mark of the Long Island Sound; Thence along the ordinary high water mark of the Long Island Sound on a tie line course bearing North 53 degrees 19 minutes 20 seconds East 644.22 feet to the northwest corner of land now or formerly of Eastern Shores; Thence along land last mentioned two courses as follows: 1) South 14 degrees 44 minutes 50 seconds East 415.0 feet; thence 2) South 1~ degrees 55 minutes 50 seconds East 1,861.79 feet to land now ct formerly of Monroe S. Burr; Thence elong land last'mentloned, along land now or formerly of Austin C. Burr two courses as follows: 1) South 71 degrees 28 minutes 20 seconds East 152.73 feet; thence 2} South 15 degrees §4 minutes East 150.0 feet to said Northerly line of Middle Road; Thence elong said northerly line of Middle Road, South 71 degrees 28 minutes 20 seconds West 92.61 feet to the point or place of BEGINNING. 208~ Bar 08 03:$0:24 Ed~,~a ~d P. Ro~,aipe CL~ O~ SUFFOLK COUNTY L D00~12106 P 575 STATE OF NEW YORK COUNTY OF SUFFOLK SS: I EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECOR D) DO HEREBY CERTIFY THAT I HAVE COMPARED THE ANNEXED COPY OF/ / DEED LIBER /,,l~'0/~ AT PAGE ,5'?.~" RECORDED ,3/,¢'/~,~o / AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DECLAP~TION AND OF THE WHOLE THEREOF. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL COUNTY~ AND COURT THIS ~' '/~]7 DAY OF O CLERK Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. Th/s assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. scm# PROJECT NAME 2. Before answering the questions in Section C, the preparer of this forrr) should review the exempt minor action list, policies and explanations of each policy contained i~the Town of Southold Local Waterfront Revitalization Program. A proposed action will be ~valuated as to its significant beneficial and adverse effects upon the coastal area (which includes/~ll of Southold Town). / 3. If any question in Section C on this form is answered "yes")~'no", then the proposed action will affect the achievement of the LWRP policy stan.dards an.d/!fo.n.~!io.ns contained in the consistency review law. Thus, each answer must be explained in qt~tail~ listing both supporting and non- suooortine facts. If an action cannot be certified as con,stent with the LWRP policy standards and conditions, it shall not be undertaken. / A copy of the LWRP is available in the following places: online at the Town of Southold ' s website (southoldtown.northfork.net), the Board of T~ustees Office, the Planning Department, all local libraries and the Town Clerk's office. . ~ DESCRIPTION OF SITE AND PROPOSED ACTION The Application has been submitted to (check appropriate response): Town Board [] Planning Board F-~ Building Dept. [] Board of Trustees Category of Town of Southold agency action (check appropriate response): (a) (b) (c) Action undertaken directly by Town agency (e.g. capital F--] construction, planning activity, agency regulation, land transaction) F~ Financial assistance (e.g. grant, loan, subsidy) /~ - ~ ~01~ Permit, approval, license, certification: [-~ Nature and extent of action: Present zoning classification: 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: (b) Mailing address: (c) Telephone number: Area Code ( ) g-/G - M ')~)~ '"t 34 [/ (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. Yes [-~ No ~Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes No ~Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ~] Yes ~ No ~Not Applicable AtXach 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 I'~ 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 I~NotApplicable' 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 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. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ~ Yes~ No ~'~Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES .Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. [~ Yes [] No [--~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 Lc, f; 4 --' (~ ~ Young & Young 400 Ostrander Aven~e, Riverhead~ Nee York 63 ~- 727-2303 Tho~ C. Wolp~t Profes~l E~ineer Rob~ C. T~ Architect Do~gl~ E. Ad~, ~o~es~o~l E~i~eer NOTE5 AI~.EA = 45;5~B 5~, FT. · 5tJ~PI¥1510N IvfAp "~OGKCOV~ ESTATES" FILEP IN THt~ OFFIr':,E OF TH~ CLERK OF SUFFOLK COUNTY' ON JJNE II, 2OOI A~ FILE NO. 11901 ~IJt~VE¥O~'$ C.,,EI~,.TIt:= I OATi ON · ~ HEt~EBy C.E~.TIF'¥ TO JDBEPH OBCHIPINTi JnANN BC~HIPINTI,, E:MIBRANT ~I:3MPANy, IN~. & I:~I_D I~I='PUBLii~ NATII3NAL TITLE: INSLII~ANCE: 1~[3MPAN¥ THAT THI5 5L/~V~¥ ~IA5 P~PAP~p IN A~.GOP~;'ANC, E ~IITH THE COPE O~ FOR LAN~ ~:VE~S A~:~OPTEp BY THE NE~ ~0~ 5TA~ AS~GIATION Of ~OF~¢SION~ LA~ Block O3 Lot Iq.c4 ,JULY 01, 2COq ~ 2q, 2OO~ ~;¢$5,, t~,~--O04_200~_OI4q_f~ o