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HomeMy WebLinkAbout1000-78.-7-5.6 OFFICE LOCATION: Town Hail Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, Nh/ 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF $OUTHOLD 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 JOHN PRIZEMAN SCTM#1000-78-7-5.6 JOHN PRIZEMAN requests a Wetland Permit to construct a single-family dwelling, associated water supply and sewage disposal facilities, driveway, deck and 250 cy. of fill. Located: 5805 Bayview Rd., Southold. SCTM#78-7-5.6 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. 4.1 Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. The proposed action is located in an AE elevation 6 flood zone. Further the proposed action does not meet Policy 5: Protect and Improve Water Quality in the Town of Southold. 5.2 Minimize non-point pollution of coastal waters and manage activities causing non-point pollution. mo Minimize non-point pollution of coastal waters using the following approaches, which are presented in order of priority. 1. Avoid non-point pollution by limiting non-point sources. Avoid activities which would increase off-site stormwater runoff and transport of pollutants. Control and manage stormwater runoff to: · minimize transport of pollutants restore sites to emulate natural stormwater runoff conditions where degraded stormwater runoff conditions exist · achieve no net increase of runoff where unimpaired stormwater runoff conditions exist The proposal does not propose adequate storm water controls (gutters, leaders, drywells, pervious driveway). In addition, the impounded sanitary system grade changes and topsoil placement need to be evaluated to determine if all storm water will be retained on site. Note that the drainage of the site will be very poor due to clay soils (see test hole) and the file record shows evidence that the parcel is subject to significant flooding events. On September 1'1, 2006 a letter was submitted to the Planning Board by Mr. Douglas Adams, P.E. form Young & Young Engineering (attached). The letter analyzed the future build out of Lot 2 and concluded that the flooding on site or off site would not increase due to the construction of a residence. However, note that the details in the letter and the proposal need to be cross referenced for consistency. Further, also in 2006, the Board of Trustees recommended that the: 1. No disturbance to the Phragmites in order to keep a large buffer area... 2. That the house be placed on pilings in order to decrease the need for fill. 3. Require no turf in areas that flood. 4. Containment of all drainage in a French drain system if any fill placed on site. Declaration of Covenant and Restrictions were filed on the property in 2006 requiring that the driveway be constructed of pervious material. The material proposed (RCA) is not pervious. In the event that the action is approved, it is recommended that the Board require materials that would comply with the restriction. The document also requires that a NYS SPEDS permit be secured prior to any construction on lots 1 and 2. The subject parcel is known as Lot 2 in the subdivision. Figure 1. Subject parcel showing vegetated wetlands The ability to meet or further Policy 6.3. Protect and restore tidal and freshwater wetlands is unknown. A common reed dominated wetland system occurs to the northwest and west of the property; however, it is unclear where the Board agrees with the wetland line. The setback distances from the structures to this wetland, therefore, are undetermined. The new water proof wall is proposed to be constructed through the common reed. In the event that the action is approved it is further recommended that the application of herbicides and fertilizers be prohibited due to the close proximity of the wetlands. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lod Hulse, Assistant Town Attorney ~OUHG & YOUNG 400 Ostrander Avenue Riverhea~, New York 11901 Telephone 631- 7~30~ Facsimile 631-727-0144 admin~youngengineering, corn HOWARD W. YOUNG, Land Surveyor THOMAS C. WOLPERT, Professional Engineer ROBERT C. TAST, Architect RONALD E. PFUHL, Landscape Architect DOUGLAS E. ADAMS, Professional Engineer HAND DELIVERED September 11, 2006 Charles R. Cuddy, Esq. 445 Griffing Avenue P.O. Box 1547 Riverhead, New York 11901 RE: Minor Subdivision MARK BAXTER At Bayview, T/O Southold, New York (02-0266) Dear Hr. Cuddy: 8EP 12 ZOO6 ~ Pursuant to your request for an analysis of the potential impacts of this project on neighboring properties, we offer to following comments. One lot includes the applicant home, the second lot, now vacant, is to be improved with a residence. Concerns have been raised as to placing fill on the second lot. The amount of the fill required for construction of the driveway, residence and sanitary facilities is approximately 450 yards. This fill is to be utilized for grading purposes and will be a depth of one foot (I') along the driveway and, will have a depth of four feet (4') at the septic system. Fill in the area of the sanitary system will permit it to be constructed at a higher elevation than the surrounding systems. In contrast to the neighboring septic systems, this will mlnlmize possible disruption of the system If the lot Is flooded during a storm. Fill along the driveway will be minimal, will not act as a barrier preventing run of from neighboring landst nor will it channel water to neighboring properties. The fill will not have an effect on the rise of the sea level due to storm related coastal flooding. Planning Engineering Land Surveying Architecture Page 2 September 11, 2006 The home on the second lot will likely be constructed on pilings. Location of the home, as proposed, will not have an adverse impact on neighboring homes except as it may Impact the view of Goose Creek. In summary, the proposed subdivision will not increase flood damage on adjoining properties, the proposed home will have a sanitary system constructed to minimize flood damage and the development of this one additional lot will not result in an alteration which will increase potential flood damage. The wetlands have been delineated and the site has been inspected and reinspected by the Town Trustees and the New York State Department of Environmental Conservation. The landward limit of the tidal wetlands is appropriately reflected on the subdivision map. The landward clearing, grading and ground disturbance will not have a negative effect upon adjoining properties. We suggest that the proposed subdivision meets the Town's requirements and has been approved by the Town, County and State reviewing agencies. Under the circumstances we do not know of any adverse impact of the subdivision. :If you have any additional questions regarding this matter, please contact us. DA/sjt Very truly yours, Do~g~la~ Adams, P.E. cc: Mr. Mark Baxter 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. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt .minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its gl..~nificant 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 ronst be explained in detail~ listinl~ both supporting and non suooortin~ facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, jt shall not be undertaken. A copy of the LWRP is available in the following places: onlin~ at the TOwn of Southold ' s website (southoldtown.northfork.net), the Board-of T~ste~S Office, th~ Planning Department, all local libraries and the Town Clerk's office. ' B. DESCRIPTION OF SITE AND PROPOSED ACTION · The Application has been submitted to (check appropriate response): ~[2/V~' t/,~"~, To~n ~oa~O [3 Pla.nin~ ~oa~ [-] ~.,Oing Dep,. [] ~oara of Trust.s ~ 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) Nature and extent of action: Permit, approval, license, certification: Present land use: Present zoning classification: ~-- ~--0 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: '-J-~O ~r/r,,J FF-[z ~/x4~r0 (b) Mailingaddress: [7]( t~(c,l~fi ST- ~2',O0~---C-'"'f/tJ tqJ'x( f ~72_0[ (c) Telephone number: Area Code (-~f ~;' 6'¢-~- 0"'~'~' ~' (d) Application number, if any: Will the action be dix~ctly undertaken, require funding, or approval by a state or federal agency? Yes ~ No[-~ Ifyes, which state or federalagency?- f-- /5'5~D AtoV /o %00 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 LVqRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes [-~ No [~q 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 .I~EF-~r~ 'To po/-.ycy r 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 C1 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 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 Applic~g 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 Applieab,e 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. ~ ye~--~ No [~ Not Applicable Attach additional sheets if necessary WORKING ,COAST POLICIES Policy ,10. Protect Southoid'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 ~q Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island ,Sound, the Peconie Estuary and Town waters. See LWRP Section IH - Policies; Pages 57 through 62 for evaluation criteria. Atlach 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 At'tach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section HI - Policies; Pages 65 through 68 for evaluation criteria. Yes No Not Applicable DATE~/~20/! PREPAREDBY ~/~f~j Pg z / 4,V TITLE · OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 1197 l LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Scott A. Hilary, LWRP Coordinator F i $ 2009 Date: January 12, 2009 Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit for MARK BAXTER SCTM#78-7-5.6 Young & Young on behalf of MARK BAXTER requests a Wetland Permit to construct a single-family dwelling, sanitary system, driveway, pool, deck, foot path and 4'X 82' open grate catwalk. Located: 5805 Main Bayview Rd., Southold. SCTM#78-7-5.6 THE FOLLOWING SECTION ADDRESSES THE PROPOSED HOUSE AND SWIMMING POOL: 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 us, it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. 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 ~lndros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The setback from the wetland boundary to the proposed actions (sinole-family dwellin.% sanitary system and driveway) is less than 100 feet~ a minimum setback distance of 100' from the wetland line is required pursuant to Chapter 275-3. Findings; purpose; iurisdiction; setbael~a. § 275-3 Findings; purpose; jurisdiction; setbacks. D. Setbacks. (1) The following minimum setbacks apply to any and all operations proposed on residential property within the jurisdiction of the Board of Trustees: (a) Wetland boundary. [1] Residence: 100 feet. [2] Driveway: 50 feet. [3] Sanitary leaching pool (cesspool): 100 feet. [4] Septic tank: 75 feet. [5] Swimming pool and related structures: 50 feet. [6] Landscaping or gardening: 50 feet. [7] Placement ofC & D material: 100 feet. Further~ pursuant to § 2754 the applicant must show all wetlands within a two-hundred-foot radius of the area from which the removal or in which the deposit of materials is proposed~ or in which structures are to be erected~ certified by a registered land surveyor or registered professional engineeG licensed by the State of New York, § 275-6 Application. A. Contents of application. A permit may be issued upon the written, verified application of the person proposing to perform operations on wetlands. Three copies of the complete application, including all written descriptions, pictures and surveys, shall be submitted to the Clerk. Such application shall contain the following information: [Amended 10-11-2005 by L.L. No. 17-2005] (8) Such application shall be accompanied by a survey and topographical map, created no more than one year prior to the date of application, with contours at two-foot intervals, showing all wetlands within a two-hundred-foot radius of the area from which the removal or in which the deposit of materials is proposed, or in which structures are to be erected, certified by a registered land surveyor or registered professional engineer, licensed by the State of New York. Such survey and topographical map shall show the soundings of the area in which operations are proposed to be conducted. The horizontal control of said survey shall be based on an approved local coordinate system. The vertical control for elevations shall be based on the United States Coast and Geodetic Survey datum. The sanitary system as Proposed will involve grade chano~es .~the sub|ect oarcel and construction of a permanent concrete water wall which may alter the existing storm water drainage patterns therefore redirecting storm water flow to the neit~hborin~ oroDerties to the South, South East and West. Policy 5 Protect and improve water quality and supply in the Town of Southold. 5.2 Minimize non-point pollution of coastal waters and manage activities causing nonpoint pollution. A. Minimize non-point pollution of coastal waters using the following approaches, which are presented in order of priority. 1. Avoid non-point pollution by limiting non-point sources. b. Avoid activities which would increase off-site stormwater runoff and transport of pollutants. ¢. Control and manage stormwater runoff to: · achieve no net increase of runoff where unimpaired stormwater runoff conditions exist e. Preserve natural hydrologic conditions. Pursuant to § 275-11 the applicant may be required to submit a drainao, e plan for the entire site detailing how all surface waters generated from impervious surfaces shall be kept onsite through infiltration or retention pursuant to § 275-11 as referenced below. § 275-11 Construction and operation standards. A. Gene?al. The following standards are required for all operations within the jurisdiction of the Trustees: (1) Drainage upgrade. Applicants for a permit for any form of construction may be required to Upgrade the site's drainage system such that all surface water generated from impervious surfaces shall be kept onsite through infiltration or retention. Applicants proposing grading or filling operations will be required to submit a drainage plan for the entire site at the discretion of the Trustees. See § 275-6A (14) for requirements. § 275-6 Application. A. Contents of application. A permit may be issued upon the written, verified application of the person proposing to perform operations on wetlands. Three copies of the complete application, including all written descriptions, pictures and surveys, shall be submitted to the Clerk. Such application shall contain the following information: (14) Drainage upgrade. At the discretion of the Board, nonadministrative applications may require submittal of a drainage upgrade plan. This plan must indicate how all existing and proposed on-site drainage from a two-inch rainfall is retained within the subject pamel landward of the wetland boundmY. Retention can include but is not limited to infiltration or impoundment. All drainage plans shall show the calculations' used to develop the plan. At the discretion of the Board said plans may require certification from a licensed engineer. If the A~encv. (Board of Trustees) makes a contrary determination of consistency, the Agency shall elaborate i writing the basis for its disagreement with their recommendations Pursnant to Chapter 268 Waterfront Consistency Review. § 268-5. Review of actions. H. In the event the LWRP Coordinator's recommendation is that the action is inconsistent with the LWRP, and the agency makes a contrary determination of consistency, the agency shall elaborate in writing the basis for its disagreement with the recommendation and state the manner and extent to which the action is consistent with the L WRP policy standards. THE FOLLOWING SECTION ADDRESSES THE PROPOSED CATWALK: 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 us, it is our recommendation that the ,proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. The proposed docking facility is INCONSISITENT with the following LWRP policies and policy standards: Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. 6.1 Protect and restore ecological quality throughout the Town of Southold. 6.3 Protect and restore tidal and freshwater wetlands. Policy 9 Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. The following impacts will result from the proposed docking facility if approved: 1) 2) 3) 4) Habitat fragmentation within a Critical Environmental Area. Prop dredging of the bottomland causing the suspension of sediments and contaminants within the surrounding water body. Impairment with the physical loss of wetland habitat. Prevent the growth of vegetated wetlands. The proposed docking facility -'- located in Goose Creek a Critical Enviro'~mental Area nominated by the Town of Sou.thoid as worthy of protec ~ (see Critical Environmental Areas ! 3-2 Definitions below). Any proposed action in a Critical Environmental Area may be subject to more stringent requirements such as denial of cel~ain operations,, and shortening or reducing the size of the structure pursuant to § 275-11 Construction and operation standards. Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the SouthoM Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. § 275-2 Defin!tions; word usage. CRITICAL ENVIRONMENTAL AREAS -- All sites previously nominated by the Town of SouthoM and designated by the New York Sate Department of state as Critical Environmental Areas worthy of protection including: Cutchogue Harbor Wetlands, Hallock's Bay, Dam Pond, Downs Creek, Orient Creek, West Creek, Richmond Creek and Beach, Brush's Creek, Cedar Beach Creek, Corey Creek, Deep Hole Creek, Goldsmiths Inlet, Hails Creek, Goose Creek, Little Creek, Mill Creek and Pipes Cove Creek. § 275-11 Construction and operation standards. (7) Critical environmental areas. At the discretion of the Board of Trustees, any operations proposed in critical environmental areas (§ 275-2) may be subject to more stringent requirements than detailed in this section. Such requirements may include, but are not limited to, denial of certain operations, shortening or reducing the size of structures, and increasing the width of nondisturbance buffers. The applicant must demonstrate that the following dock standards pursuant to § 275-11 Construction and operation standards have been met. § 275-11 (2) Docks. 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: fU [61 Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion; Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shell, fishing, waterskiing and other water-dependant activities; Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; Whether the dock will significantly impair the use or value of waterfront property adjacent to or near the dock; Whether the dock will cause degradation of surface water quality and narwhal resources; Whether the dock will cause habitat fragmentation and loss of signi, ficant coustal ftsh and wildlife habitats; The proposed docking faciliW if approved will result in habitat fragmentation and impairment with the physical loss of fish and wildlife habitat within a Critical Environmental Area. If the dock is constructed the loss of high and low intertidal marsh habitats will occur. The proposed action and associated impacts could be mitigated by seasonally mooring a vessel in public waters. This alternative would lessen the potential impacts to the habitat within Goose Creek a Critical Environmental Aroa- [7] Whether the dock will result in the destruction of or prevent the growth of vegdtated wetlands, seagrasses including eelgrass (Zostera marina) and widgeon grass (Ruppia maritima) or shellftsh; [8] Whether the dock will unduly restrict tidal flow or water circulation; [9] Whether the dock will be safe when constructed; [10] Whether the dock will adversely affect views, viewsheds and vistas important to the community; [11] Whether the cumulativ~ impacts of a residential and commercio~ dock will change the waterway or the environment and whet, alternate design, construction, and loc n of the dock will minimize cumulative , impacts; and [12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. 6.1 Protect and restore ecological quality throughout the Town of $outhold. B. Protect and restore ecological quality by adhering to the following measures. 3. Avoid fragmentation of ecological communities and maintain corridor* to facilitate the free exchange of biological resource* within and among communities. a. Each individual resource area shouM be maintained as complete contiguous areas to protect the area's natural resource values. Specifically, actions that would fragment the ecological community into separate ecological islands shouM be avoided b. Where fragmentation of ecological communities has already occurred, the adverse effects of fragmentation can be mitigqted by maintaining or providing connecting corridors to allow exchange of biological resources. Habitat fragmentation can be avoided thrOugh other public land access alteunatives such as vessel moorings. The action~ as proposed~ will result in thi~ continued fragmentation of a Critical Environmental Area. If approved~ proposed action will result in the physical loss of habitat within Goose Creek an ecological sensitive area. Policy 9 Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southoid. The proposed action is private~ noncommercial and will not support a pattern of development that enhanccx community character nor preserves "Public" access or public recreational activities Policy Standard 9.4 Assure public access to public trust lands and navigable waters. A. Provide free and substantially unobstructed passage along public trust shorelands. E. Proeide access to, and reasonable recreational use of, navigable waters and public trust lands Under water. 3. Obstruction of navigable waters and underwater lands is limited: b. to the minimum necessary for access to navigable waters. The minimum is determined by evaluating the following factors: (ii) the range of tidal water level fluctuation, The proposed,docking facility at its terminn~ will achieve 0.79 feet of water at MLW as depicted on the survey. Pron dred~,ing from a vessel naviuatine in limited water depths will cause the suspension of sediments and contaminants within the surrounding water body of Goose Creel,. Mooring a vessel in an area with appropriate water depths is an alternative. (vi) whether or not alternative means to gain access are available. The applicant currently enioys access to Goose Creek thrOUgh an established walking path. The applicant also has an alternate means of access to Goose Creek via the Town's boat ramp off Gagen's Landing, Rd_ § 275-2 Definitions; word usap~ ACCESS PATH -- An area, cleared by hand or hand-held equipment, no more than four feet wide, left in its natural state and devoid of any man-made structure, to provide a walkway to a body of water. In the event that a docking facility is approved in this location, the following BMP's (design standards) are recommended: 1) 2) 3) 4) 5) 6) Use grid decking having greater than 50% light penetration (irradiance) to the substrate. Low profile catwalk 2 feet above MHW and grade over vegetated wetlands. The dock structure at its terminus must achieve a minimum of 2.5 feet at MLW. Prohibit the use of building materials containing CCA, creosote, penta or homemade wood preservative products. Design standards allowing for the pass and re-pass by the public for accessing trust lands, public waters and the foreshore. Minimize the size of the docking structure to the greatest extent practicable: a. to provide for reasonable access to the water body. b. to minimize the loss of navigable waters and use of underwater lands. c. to minimize the fragmentation, impairment and physical loss of wetland habitat. If the Aeencv. (Board of Trustees) makes a contrary determination of consistency, the Agency shall elaborate in writing the basis for its disagreement with their recommendations Pursuant to Chapter 268 Waterfront Consistency Review. § 268-5. Review of actions. In the event the £ WRP CoOrdinator's recommendation is that the action is inconsistent with the L WRP, and the agency makes a contrary determination of consistency, the agency shall elaborate in writing the basis for its disagreement with the recommendation and state the manner and extent to which the action is consisten[ with the £ WRP policy standards. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. 1) 2) Them shall be no further subdivision of Lots land 2. No lot lines shall be changed unless authorized by the Town Planning Board. No structure or sanitary disposal facility shall be constructed or otherwise located within I00 feet of the top of the wetlands as designated on the subdivision map. 3) There shall be a 50' non-disturbed buffer adjacent to the wetland boundary on the subject premises as shown on the subdivision map approved by the Planning Board. 4) Storm-water resulting from the development and improvement or use of Lots 1 and 2 of such subdivision map shall be retained and disposed of on site. No storm-water shall be discharged to public lands or waters. 5) Prior to the commencement of any construction activity on lots 1 and 2 NYSDEC SPEDS General Permit must be secured and submitted. This declaration of covenants shall run with the land and shall be binding upon the owner and his distributees, executors, administrators, successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owners of the Property only with the written consent of the Town granted by a majority plus one vote of the Planning Board after a public hearing. If any section, subsection, paragraph, clause, phrase or provision and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid or unconstitutional. The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the Town of Southold te enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. That the within Declaration shall nm with the land and shall be binding upon the Declarant SCHEDULE "A" All that certain plot, piece or parcel of land, situate, lying and being at Bayview in the Town of Southold, County of Suffolk, State of New York, being known and designated as Lots Nos. 68, 69, 70, 71 and the southeasterly one half of Lot 72 on a certain map entitled, "Map of Goose Neck", situate at Bayview and filed in the Suffolk County Clerk's Office on November 22, 1948 as and by Map No. 1663 and described parcels adjacent thereto when taken together being more particularly bounded and described as follows: BEGINNING at a monument on the northeasterly side of Main Bayview Road distant 325.00 feet southeasterly from the comer formed by the intersection of the southerly side of Sm/th Drive South and the northeasterly side of Main Bayview Road, and; RUNNING THENCE North 39 degrees 00 minutes East along lands now or formerly of Ohlman 162.32 feet to a monument; THENCE still along lands now or formerly of Ohlman North 50 degrees 39 minutes 50 seconds West, 76.96 feet; THENCE North 70 degrees 49 minutes 40 seconds East along lands now or formerly ofB. Stahl 143.86 feet and North 39 degrees 00 minutes East still along said lands ofB. Stahl, and later along lands now or formerly of Rukowski 338.37 feet to an iron pipe and lands now or formerly of O'Neill; THENCE South 51 degrees 00 minutes East along said land of O'Neill 210.00 feet; THENCE North 70 degrees 49 minutes 40 seconds East, 30 feet more or less to the normal high water mark of Goose Creek; THENCE southeasterly and southwesterly along the normal high water mark of Goose Creek as it winds and tums the following nine (9) courses and distances: 2. 3. 4. 5. 6. 7. 9. South 02 degrees 33 minutes 32 seconds West, 55.03 feet; South 69 degrees 18 minutes 58 seconds East, 58.10 feet; North 83 degrees 6 minutes 51 seconds East, 58.15 feet; North 72 degrees 54 minutes 31 seconds East, 60.29 feet; South 50 degrees 6 minutes 57 seconds East, 32.82 feet; South 36 degrees 41 minutes 36 seconds West, 121.62 feet; South 15 degrees 34 minutes 36 seconds East, 67.77 feet; South 25 degrees 31 minutes 54 seconds West, 16.86 feet; and South 31 degrees 13 minutes 36 seconds East, 21.97 feet; THENCE South 42 degrees 53 minutes West along lands now or formerly of Gratten 351.17 feet to lands now or formerly of Green; THENCE along said lands now or formerly of Green, North 51 degrees 00 minutes West, 56.00 feet; and 2. South 40 degrees 44 minutes 00 seconds West, 166.14 feet to ~he northeasterly side of Main Bayview Road; THENCE North 51 degrees 00 minutes West along the northeasterly side of Main Bayview Road 420.65 feet to the monument, the point or place of BEGINNING. and its successors and assigns, and upon all persons entities claiming under them, and may not be ,nnulled, waived, changed, modified, terminated, revoked, or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public heating. IN WITNESS THEREOF, the Declarant has caused this instrument to be executed the day and year first above written. Mark Baxter /cq~ine Baxter STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss: On the I~' day of November in the year 2005 before me, The undersigned personally appeared Mark Baxter and Jacqueline Baxter Personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose names(s) is (are) subscribed to the within instrument and acknowledged to me that they executed the same in their capacities, and that by their signature(s) on the instrument the individual(s), or the person upon behalf of which individual(s) acted, executed the instrument. Signature and'%Office of individual taking acknowledgment NmP/Pu~li~, $tm Of IkwltH(~ No. 01ffi6095328, .~dfdk ~ and its successors and assigns, and upon all persons entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Planing Board of the Town of Southold or its successors, after a public heating. IN WITNESS THEREOF, the Declarant has caused this instrument to be executed the day and year f'ast above written. ! Mark Baxter q~ine Baxter STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss: COUNTY CLERK'S OFFICE STATE OF NEW YORK SS.: COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Acting Clerk of the County of Suffolk and the Court of Record thereof, tip he, by cer3tify that I have compared the ..... al ~x. ~ v~ ~ ~.~ .... RECORDED in my annexed w~tp m,e ongm .... ~':. ~' .......: ......... :'" __ ,.d~ t~) nffice '/.'t~ 1o ~ .... and, thatthcsame~satrue ~ I~ 'q3/ d"3t~ copy thereof, and of the whole of such ofigmak the seal of said County and Court this ............... ;- ]..~.-/' v. ....... ; ..... Signature andk'~ffice of individual taking acknowledgment BONNIEJ. IX~OSIff Nmvt Pol~,,State Of Ilewlt~It No. 01D06095328, Suffolk Imm E. qdfes J~'/7, 20 ("] '1 Number of pages 7' This document will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage Instrument Deed / Mortgage Tax Stamp ] Recording / Filing Stamps Page / Filing Fee / ~' '~ Handling 5. 00 TP-584 Notation EA-52 17 (County) EA-5217 (State) R.P.T.S.A. ~ Conun. of Ed. 5. 00 Affidavit Certified Copy "~ ~'~ I 0 / NYS Surcharge 15. 00 Other SubTotal Grand Total 4 [ Dist. Real Property Tax Service Agency Verification 8 iood 07000 0700 0~5003 1000 07800 0700 005004 Satisfactions/Discharges/Re/eases List Property Owners Mailing Address RECORD & RETURN TO: Mail to: Judith A. Pascale, Suffolk County Clerk I o' 310 Genter Drive, Rivorhead, NY 11~01 . Name www, s uffolkcou ntyny, gov/clerk I Tide # Mortgage Amt. 1. Basic Tax 2, Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County Held for Appointment __ Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page #__ of this instrument. Community Preservation Fund /'Ih 5 Consideration Amount $ CPF Tax Due $ Improved __ Vacant Land TD TD TD Title Company Information Suffolk County Recordings. & Endorsement Page This page forms part of the attached [~ C {~ made by: (SPECIFY TYPE OF INSTRUMENT) /k,/[ (~/I ~ ~'2 ~,,J~:'/-'(~ The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the TOWN of ~; ~'/~) t? In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED [Iq BLACK INK ONLy PRIOR TO RECORDING OR FILING. (over) SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument= DECLARATION/DOP Number of Pages= 4 Receipt Number : 06-0102349 District: Section: Hlock= 1000 078.00 07.00 EXAMINED A~D CF~tROED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Page/Filing $12.00 NO Handling COE $5.00 NO NYS SRCHG TP-584 $0.00 NO Notation Cert.Copies $10.00 NO RPT SCTM $0.00 NO Fees Paid THIS PAGE IS A FART OF THE INSTRUMENT THIS IS NOT A HILL Judith A. Pascale County Clerk, Suffolk County Recorded: 10/19/2006 At: 02:13:02 PM LIBER: D00012475 PAGE: 008 Lot: 005.003 $5.00 $15.00 $0.00 $50.00 $97.00 Exempt NO NO NO NO Baxter Subdivision Page Three October 17, 2006 WHEREAS, in a letter dated July 11,2006, the Suffolk County Department of Health Sen/ices indicated that the project, as proposed, complies with the requirements of the County's Sanitary Code; and WHEREAS, on September 12, 2006, the Engineer for the project submitted a letter dated September 11, 2006, indicating that the construction of a single-family residence would not exacerbate the flooding problem and therefore would not have any deleterious effects on the adjacent properties; and WHEREAS, the Southold Town Planning Board has considered the comments and evidence submitted by the neighboring property owners; and WHEREAS, the applicant has complied with Chapter 240, Subdivision of Land, of the Southold Town Code; be it therefore RESOLVED, that the Southold Town Planning Board hereby grant Conditional Final Plat Approval upon the map prepared by Howard W. Young, L.S. dated June 10, 2002 and last revised on November 14, 2005, subject to the following conditions as per the LWRP Coastal Consistency Review: a. Submission an Affidavit which states that the applicant is fully aware that the parcel is located within the coastal barrier flood zone and that the Planning Board has advised the applicant of the risks associated with this designation and is requiring that the proposed structure constructed within this area be designed to withstand and avoid expected flooding to the greatest extent possible. b. Submission of additional Covenants and Restrictions which limits cleadng on Lot 2 to 25,572 square feet and requires that the driveway be constructed of pervious materials. Upon fulfillment of the conditions, the Planning Board Chair is authorized to endorse the maps. Upon endorsement by the Chairpemon, the mylar maps must be picked up at this office and filed in the Office of the Suffolk County Clerk. Any plat not so filed or recorded within sixty-two (62) days of the date of map signing shall become null and void. If you have any questions regarding the above, please contact this office. Very truly yours, oodhouse Chairperson cc: Town of Southold Board of Trustees Baxter Subdivision Page Two October 17, 2006 WHEREAS, on November 7, 2005, the Southold Town Planning Board granted conditional preliminary plat approval upon the map prepared Howard Young, L.S. dated Se 3tember 23, 2005; and WHEREAS. on November 15, 2005. the applicant submitted eight (8) paper prints and five (5) mylars of the final plat, prepared by Howard W. Young, L.S. dated June 10, 2002 and last revised on November 14. 2005, each containing the Health Department stamp of approval; and WHEREAS, on January 26, 2006, the applicant submitted the application and fee for final plat approval; and WHEREAS, on January 30, 2006, the applicant submitted one (1) copy of recorded Declaration of Covenants and Restrictions as filed in the Office of the County Clerk; and WHEREAS, the final public hearing was held for this application on February 13, 2006 where a number of neighborhood residents objected to the proposal due to severe flooding problems on the subject property and their concerns that the wetlands line was inaccurately delineated; and WHEREAS, the opposition submitted photographs and written statements pertaining to their concerns about the potential for increased flooding problems by the creation of another building lot in a flood-prone area; and WHEREAS, due to the considerable amount of evidence submitted to Planning Board, the hearing remained open until July 10, 2006 in order to give the Board time to re-evaluate the site conditions and ask the New York State Department of Environmental Conservation, the Suffolk County Department of Health Services and the Southold Town Trustees to also re-evaluate the site conditions and the permits/approvals they issued for the project; and WHEREAS, on March 6, 2006, the applicant submitted the park and playground fee in the amount of $7000; and WHEREAS, April 24, 2006, the Southold Town Planning Board received a memorandum from the Town Trustees indicating that the parcel was re-inspected and that the wetlands line as shown on the final map is correct; and WHEREAS, in the Spdng of 2006, representatives from the New York State Department of Environmental Conservation re-inspected the subject property and surrounding area, found no changes to the wetlands boundary and therefore validated the permit issued by the agency on March 26, 2003 (permit #1-4738-03072/00001); and WHEREAS, on July 17, 2006, the Suffolk County Department of Health Services submitted a letter dated July 11, 2006 indicating that their approval for this project is valid based on the Town's SEQRA Determination, the issuance of a NYSDEC wetlands permit and the filing of a covenant to raise the grade of the site to accommodate the sanitary system; and PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L, EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPIt L TOWNSEND October 17, 2006 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southol~ 11971 OFFICE [ 2 '~TION: Town ]=l~r~An n ex 54375 State Route 25 (cor. Mmn Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 Mr. Mark Baxter 5805 Main Bayview Road Southold, NY 11971 Re: Proposed Standard Subdivision of Mark Baxter Located n/o Main Bayview Road, 325' e/o Smith Drive South, in Southold SCTM#1000-78-7-5.3 and 5.4 Zoning District: R-40 Dear Mr. Baxter: The Southold Town Planning Board, at a meeting held on Monday, October 16, 2006, adopted the following resolutions: WHEREAS, this standard subdivision proposes to subdivide a 6.78-acre parcel into 2 lots where Lot 1 equals 4.4417 acres and Lot 2 equals 2.3841 acres, inclusive of the wetlands; and WHEREAS, an application for sketch approval was submitted on September 10, 2004; and WHEREAS, during the initial review of the application, the wetlands boundary was re- flagged by the Town Trustees and a 50'-wide non-disturbance buffer was delineated on the subdivision map; and WHEREAS, on May 6, 2005, the Southold Town Planning Board received a memorandum from the Town Trustees dated May 4, 2005 indicating that the subdivision map was satisfactorily revised to show the amended wetlands line and a 50'-wide non- disturbance buffer with the proposed structure to be outside of the Trustee's jurisdiction; and WHEREAS, on June 13, 2005, the Southold Town Planning Board granted conditional sketch approval upon the map prepared by Howard Young, L.S. dated December 15, 2005 and last revised on December 22, 2005; and WHEREAS, on June 13, 2005, the Southold Town Planning Board granted a Negative Declaration for the project pursuant to SEQRA; and WHEREAS, on August 1, 2005, the Southold Town Planning Board received comments from the LWRP Coordinator; and Number of pages ~R~NS Serial # Certificate # Prior Cfi. # Deed / Mortgage Instrument Deed / Mortgage Tax Stamp 31 I CLEPk OF SUFFOLK COUNTY L DOnO12430 P 127 Recording / Filing Stamps Page / Filing Fee Handling TP~584 Notation EA-52 17 (County) EA-5217 (State) R.RT.S.A. Comm. of Ed. Affidavit NYS Surcharge Other SubTotal j3 1000 07800 0700 005004 1000 07800 0700 005003 Real Property Tax Smwice Agency Verification I Satisfactions/Discharges/Releases List Property Owners Mailing Address 6 I RECORD & RETURN TO: 51 Mortgage Amt. 1. Basic Tax 2l Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County Held for Appointment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page #__ of this instrument. Community Preservation Fund Consideration Amount $ CPF Tax Due $ Improved Vacant Land TD TD TD ~] Title Company Information o. Name lite# 'Suffolk County Recording & Endorsement Page _ (SPECIFY TYPE OF INSTRUMENT) · The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO KECORDING OR FILING. DECLARATION OF COVENANTS AND RESTRICTIONS This DECLARATION is made and dated the {c~ day of November, 2005 by Mark Baxter and Jacqueline Baxeter,residing at 5805 Main Bayview Road, Southold, NY 11971. Herein referred to as the DECLARANT. WITNESSETH: WHEREAS, the DECLARANT is the owner of a certain real property situate on the northeasterly side of Main Bayview Road, Town of Southold, Suffolk County, New York, more particularly bounded and described in Schedule "A" attached hereto (hereinafter referred to as the Property); and WHEREAS, the DECLARANT has made an application for and has received conditional approval from the Planning Board of the Town of Southold to subdivide said property into two (2) lots, as shown on the Subdivision Map of Mark Baxter prepared by Young & Young, Land Surveyors last dated January 18, 2004 which map will be filed herewith in the Office of the Suffolk County Clerk; and WHEREAS, for and in consideration of the granting of said approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within Covenants and Restrictions be imposed on said lots I and 2, and as a condition of said approval, said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the Declarant has considered the foregoing and has determined that the same will be for the best interests of the DECLARANT ans subsequent owners of said parcel; NOW, TIt~REFORE, THIS DECLARATION WITNESSETH: That the DECLARANT, for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the sail lots within said subdivision map shall hereafter be subject to the following covenants and restrictions as herein cited, which shall nm with the land and shall be binding upon all purchasers, lot owners and holders of said Property, their heirs, executors, administrators, legal representatives, distributees, successors and assigns, to wit: N TEST HOLE (~) "~' ~-. / ~,,/ /' · THIS PLOT PLAN DEVELOPED UTILIZlN¢ AERIAL PHOTOCRAPN"¢, C, ONV'ENTIONAL At~,EA = 2.~.~4 AGUE5 UPLAND At~,EA = I.l"Tgl AC. AtE& · 5U~DfVISION - "HARK BAXTER" FILED IN THE OFFICE OF THE CLE~ OF 5UFFOL~ COUN~ ON NOV. 14, 200¢ AS FILE NO. 11484 · 50UNDIN~5 A~ ~EFE~NGE~TO NLA (AL~ ,,~.~..~.o,,~ · FIRIvf ZONE AE (EL 8) P LECEND '. Young & Young 400 Ostrander Avenue, Riverhea~ New York 11901 631-727-2303 Howard ~. Young, Land Su~eyor Thomas C. rgolpert, Professional Engineer Douglas E. Adarr~s, Professional Engineer Robert C. Tast, Architect 5UI~,'v"E¥Ot~,'5 GE~TIt=:IG~ / , HN "I,4A~K. BAX'i'~" AL B~vI~, To~n oF 5ou~hol~ SuFFolk GounOd, N~ ~ork Goun~ TOx ~op District I000 Section ~ Block O~ Lot ~.~ E~UILE21N~ F~I~,MIT ~&IF~VE'¢ HAP Pt~,EPA~D SI=PT. 20, 2OII 5GALE: I"=1OO' .,.lOB NO. 2OII-OO72 DI'~5. 2002_02&&_OO2_200-t_O25~_bl~lan_B_,4¢c IOF2 N / 5.85 !/! , / , / I ! s. s~.~/ / / + 5.73 NOTE Young & Young 400 Ostra~der Avenue, Riverhead, New York I1901 ~3 ~-727-2303 Howard ~. Young, Land Su~eyor Thom~ C. Wolpert, Professorial Engineer Dougl~ E. Ada~, ~ofes~ona[ Engineer Robert C. T~t, Architect , '.,.., ..r {~ (J \ .GUR. VEY FOR. ,JOHN F IZEHAN LOT ;2 "MAR.W. BAXTER" Al: Boyvl¢~, Town ot' 5outholct COUnty T62X ~v[(2]p District IOOO section -~ Block O? Lot 5.& ~ILDIN~ ~HIT ~ HAP PI~EPAI~D E:~PT. 20, 2OII ~,GALE: 1"=50' JO~ NO. 2OI1-OO'/2 ~W~. 2002_02~_O02_200"'i_02fi~Lb~_plan_lB_ctec 2OF2 Dav~ ~n ~OA.~D OF TOWN WRU~TEES TOWN OF 80r, yrltOLD ApffilT, 2006 N[EMO To: Anthony Tr~zza, $~nior planue~ From: Board of Tmstee~ Re: Mark Baxl~r Subd/vis/on 1000-7~-7-5.3,5.4 The Bo~d of Tmst~ h~ i~p~t~ ~ a~ve left.ed p~cel m v~fy .del~io~ ~ fo~ t~ ~c w~ ~e co--fly i4enfifi~ en ~e s~ey. ~ ~e ~nc~{ ~bout ~c occ~lo~ flo~ ~t ~c~ ~d ~.e lo~tion of p~a~i~s on ~ed~ spoil. ~e Bo~ ~ks that ~u c~i~ ~ foHo~8 r~ml~daQ~s: 1. No ~r~e of~e P~*~s ~ ord~ to ke~ · larse b~ ~ 2, P~m~t of~ ho~e on pi~ngs m or~ ~ decr~ ~e n~d for fill, w~ld imp~t ~ adjoi~g pr~¢s. 4, C~t~mm: of all ~ge ~ a F~nch ~n sys~a* iffy fill is Please coutact this officc with