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Home My WebLink AboutTR-7716 '/ John M. Bredemeyer III,President �i'��► F S��jif� - Town Hall Annex Michael J.Domino,Vice-President �� ,`O l0 54375 Main Road P.O.Box 1179 James F.King,Trustee ■ Southold, New York 11971-0959 Dave Bergen,Trustee ; G Q ,�► . • Telephone(631) 765-1892 Charles J.Sanders,Trustee D� `,oU � ►�� Fax(631) 765-6641 •e BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE #0959C Date: March 21,2014 THIS CERTIFIES that the construction of a 12'x37' in-ground swimming pool with pool drywell;pool fencingidrywells relocated for roof runoff on dwelling; and a 10' wide non- turf buffer to be subsequently maintained along the landward edge of the seawall. At 12120 New Suffolk Avenue, Cutchogue,New York Suffolk County Tax Map# 116-6-10.2 Conforms to the applications for a Trustees Permit heretofore filed in this office Dated December 23, 2011 pursuant to.which Trustees Wetland Permit#7716 Dated January 18, 2012 was issued 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 12'x37' in-ground swimming pool with pool drywell; pool fencing; drywells relocated for roof runoff on dwelling; and a 10' wide non-turf buffer to be subsequently maintained along the landward edge of the seawall. The certificate is issued to AVELNO, LLC owner of the aforesaid property. 4.140. 4Pws, 1644040,74 Authorized Signature • • James F.King,President ,11 Og�FFO(,� Town Hall,53095 Main Rd. Co Bob Ghosio,Jr.,Vice-President ;;'a�� Gy P.O.Box 1179 Dave Bergen y Southold,NY 11971 John Bredemeyer •, 1,%' 1�% Telephone(63l)765-1892 Michael J. Domino = �j * �,�'' Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DATE OF INSPECTION: /- Ch. 275 Ch. 111 INSPECTION SCHEDULE Pre-construction, hay bale line/silt boom/silt curtain 1st day of construction 1/2 constructed Project complete, compliance inspection. INSPECTED BY: C%tr- e' COMMENTS: °.s If) f �l..e C/� C�1 U� 1 q c.. ✓P. . `''. y-•-Pr l�D q f• CERTIFICATE OF COMPLIANCE: CP )/c • James F.King,President ,,,11 OFFO( Town Hall,53095 Main Rd. Bob Ghosio,Jr.,Vice-President , a� Cry P.O.Box 1179 Dave Bergen a ; Southold,NY 11971 John Bredemeyer , ,, Telephone(631)765-1892 c Mihael J. Domino 'y�04 * '0,�'� Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD r DATE OF INSPECTION: 7(? / Ch. 275 Ch. 111 INSPECTION SCHEDULE Pre-construction, hay bale line/silt boom/silt curtain 1st day of construction 1/2 constructed Project complete, compliance inspection. INSPECTED BY: . ( try ec_ COMMENTS: CERTIFICATE OF COMPLIANCE: • • 1319 North Sea Road Southampton, New York 11968 631-283-6360 EN-CONSULTANTS Fax:631-283-6136 r www.enconsultants.com ENVIRONMENTAL CONSULTING May 2,2012 Lauren Standish Board of Trustees Town of Southold P.O. Box 1179 Southold,NY 11971 Re: Avelno,LLC,Wetlands Permit No. 7716 Dear Ms. Standish: In satisfaction of Term and Condition #8 of the captioned permit, the required Declaration of Covenant was recorded in the Office of the Suffolk County Clerk on May 2, 2012. A copy of the recorded document is enclosed for your files. Respe• fully yours, 0.APIk ■ ;,,. Step- ;sn Enclosure MAY — ` 2012 cc: Avelno, LLC • • y 4 CC#: C12-17674 COUNTY CLERK'S OFFICE STATE OF NEW YORK 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 05/02/2012 under Liber D00012692 and Page 175 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 05/02/2012 . SUFFOLK COUNTY CLERK c2.4_ - c,. JUDITH A.PASCALE SEAL • r X11101 lID 11111 11111 11111 1111111111 11111 VIII liii 111111 011111111 IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 05/02/2012 Number of Pages: 4 \ At: 09:32:50 AM Receipt Number : 12-0049622 LIBER: D00012692 PAGE: 175 District: Section: Block: Lot: 1000 116.00 06.00 010.002 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $20 .00 NO Handling $20 .00 NO COE $5 .00 NO NYS SRCHG $15 .00 NO TP-584 $0.00 NO Notation $0 .00 NO Cert.Copies $5.20 NO RPT $60.00 NO Fees Paid $125.20 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County IP • 2 Number of pages [� ''``= iii:'li i „ JUDITH Ni. i W_7CPLLE CLEF.i( O This document will be public SUFFOLK COUNTY record. Please remove all L D0001'269 Social Security Numbers F' 175 prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp I Recording/Filing Stamps 3 I FEES Page/Filing Fee Mortgage Amt. 1.Basic Tax Handling 20. 00 - . 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. ‘,./I) or EA-52 17(County) Sub Total ,,-,-, Spec./Add. EA 5217(State) TOT.MTG.TAX R.P.T.S.A. g- r " 6% � Dual Town Dual County ,� Held for Appointment Comm.of Ed. 5. 00 X Transfer Tax e '+ Mansion Tax Affi_dav_it ,l, ,, ` - The property covered by this mortgage is +Certified cop)/ or will be improved by a one or two NYS Surcharge 15. 00 ° family dwelling only. Sub Total YES or NO Other . Grand Total t(...Y,,,,_;-' If NO, see appropriate tax clause on ‘ ,, page# of this instrume t. l' s IE i a 4 I Dist. 1 1000 11600 0600 010002 )2 5 Community Preservation Fund Real Property T p y SA_ A Consideration Amount $ Tax Service Agency 5-APR-1 CPF Tax Due $ Verification — Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land TD IU En-Consultants 1319 North Sea Road TD Southampton,NY 11968 TD • Mail to: Judith A. Pascale, Suffolk County Clerk 7 I Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name www.suffolkcountyny.gov/clerk Title# 8 Suffolk County Recording & Endorsement Page This page forms part of the attached Declaration of Covenants made by: (SPECIFY TYPE OF INSTRUMENT) Avelno, LLC The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of Southold Town of Southold In the VILLAGE Board of Trustees or HAMLET of Cutchogue BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) • • DECLARATION OF COVENANTS this //day of 4 6/ , 2012, by Avelno, LLC., with a THIS DECLARATION made t y � Y mailing address of do Noel Blair, Esq., Blair& Associates, 1501 Broadway— Ste 2401, New York, NY, 10011 hereinafter referred to as"DECLARANT": WITNESSETH : WHEREAS, DECLARANT is the owner of certain real property located on New Suffolk Avenue, Cutchogue, Town of Southold,County of Suffolk, State of New York,described in the Suffolk County Tax Map as District 1000, Section 116, Block 6, Lot 10.2,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 a ten-foot wide"nonturf buffer"be established along the landward edge of the seawall, NOW, THEREFORE,the DECLARANT does hereby covenant and agree as follows: 1) Upon the substantial completion of the aforementioned permitted activities there shall be established and subsequently maintained along the landward edge of the seawall on the subject premises a ten-foot wide"nonturf buffer"as defined by Chapter 275 of the Town Code; and 0 0 2) These covenants shall run with the land and shall be binding on the DECLARANT, its heirs, assigns, purchasers, or successors in interest and may be modified only upon resolution of the Board of Trustees. IN WITNESS WHEREOF, the owners have duly executed this instrument this /1 day of 4171./ ,2012. 1 , / • or Avelno,LLC /14/./A/C- d*/4T4/5J- 7/711/3 (Print Name&Title) /OW k/ . STATE OF /141/Vd4ss.COUNTY OF On the /1 day of 6/ , in the year 2012,before me the undersigned, a Notary Public in O L Y � ��-- / and for said State, personally appeared ,4 '/ 41,4 / personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed •'� , • . *,� 1 - and acknowledged to me that he/she executed the same in his/her capacity, an• - is/r ,►. - -n the instrument,the individual or the person on behalf of which the individual tr � r°•r the i'� _._...,......,„ - otary '11 blic MARC H.GLICK NOTARY PUBLIC,STATE OF NEW YORK NO 02014795735 QUAL.IN NEW YORK COUP COMMISSION EXPIRES JUNE 30, 2.0/3 2 ' r ' • SCHEDULE A All that certain plot,piece or parcel of land,with the buildings and improvements thereon erected, situate, lying and being at Cutchogue,Town of Southold, County of Suffolk and State of New York,bounded and described as follows: BEGNINNING at a monument on the southerly side of New Suffolk Avenue where the northwesterly corner of land now of formerly of Stine and the northeasterly corner of premises to be described intersects the southerly side of New Suffolk Avenue; RUNNING THENCE South 13 degrees 08 minutes 10 seconds West along the said land of Stine 410 feet more or less o the northerly line of the ordinary high water mark of Peconic Bay; RUNNING THENCE Westerly along said ordinary high water mark 140 feet more or less to the easterly line of land now or formerly of Butterworth; TUNNING THENCE North 13 degrees 08 minutes 10 seconds East along said land 263 feet more or less to a point; RUNING THENCE North 51 degrees 27 minutes East still along said land 50 feet to a point; RUNNING THENCE North 13 degrees 08 minutes 10 seconds East still along said land 100 feet to the southerly side of New Suffolk Avenue; RUNNING THENCE South 76 degrees 58 minutes 20 seconds East along the southerly side of New Suffolk Avenue 110.00 feet to the point or place of BEGINNING. 3 MARTIN D.FINNEGAN • • SCOTT A.RUSSELL TOWN ATTORNEY , SOU yO Supervisor fi martin. nnegan @town.southold.ny.us �� ' � ,`O JENNIFER ANDALORO l0 Town Hall Annex,54375 Route 25 ASSISTANT TOWN ATTORNEY * P.O. Box 1179 jennifer.andaloro @town.southold.ny.us ; G ,$ Southold, New York 11971-0959 �� Telephone(631) 765-1939 LORI M.HULSE �L�', • Facsimile(631) 765-6639 ASSISTANT TOWN ATTORNEY CQ�My,\1 �,,1# lori.hulse @town.southold.ny.us .•�� OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Kim Stephens April 25, 2012 En-Consultants 1319 North Sea Road Southampton, NY 11968 RE: Avelno,LLC,Wetlands Permit No. 7716 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 ten foot wide non turf buffer to be established and subsequently maintained along the landward edge of the seawall. 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, Pi 111 r Lori M. Hui Assistant Town Attorney Cc: Board of Trustees James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 1197l Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1st day of construction ¼ constructed Project complete, compliance inspection BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7716 DATE: JANUAR~ 18~ 2012 ISSUED TO: AVELNO, LLC~ AS CONTRACT VENDEE PROPERTY ADDRESS: 12120 NEW SUFFOLK AVENUE~ CUTCHOGUE SCTM# 116-6-10.2 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 January 18, 2012, and in consideration of application fee in the sum of $250.00 paid by Avelno, LLC, as Contract Vendee and subject to the Tel~ns and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to construct a 12'x37' in-ground swimming pool; install pool enclosure fencing; and relocate drywells; with the condition that a 10' wide non-turf buffer is installed and maintained along the landward edge of the seawall; a line of staked hay bales with silt fencing is to be installed prior to construction; and as depicted on the survey prepared by John C. Ehlers Land Surveyor, last dated January 26, 2012, and stamped approved on February 3, 2012. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. TERMS AND CONDITIONS The Permittee Avelno, LLC, as Contract Vendee, residing at 12120 New Suffolk Avenue, Cutchogue, New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of 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. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Pemfittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was original!y obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operation? of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. The Permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Clerk's Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety (90) calendar days of issuance of this permit. That the said Board will be notified by the Permittee of the completion of the work authorized. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 January 18,2012 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Robert E. Herrmann En-Consul~nts 1319 North Sea Road Southamp~n, NY 11968 RE: AVELNO, LLC, AS,~ONTRACT VENDEE 12120 NEW SUFFOLK AVENUE, CUTCHOGUE SCTM# 116-6-10.2 Dear Mr. Herrmann: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, January 18, 2012 regarding the above matter: WHEREAS, En-Consultants on behalf of AVELNO, LLC, AS CONTRACT VENDEE 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 December 23, 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 be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Headng was held by the Town Trustees with respect to said application on January 18, 2012, 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 conceming this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of AVELNO, LLC, AS CONTRACT VENDEE to construct a 12'x37' in-ground swimming pool; install pool enclosure fencing; and relocate drywelts; with the condition that a 10' wide non-turf buffer is installed and maintained along the landward edge of the seawall; a line of staked hay bales with silt fencing is to be installed prior to construction; and as depicted on the survey prepared by John C. Ehlers Land Surveyor, last dated January 26, 2012, and stamped approved on February 3, 2012. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees:$100.O0 Very truly yours, President, Board of Trustees JFK/eac James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bmdemeyer Michael J. Domino Town Hall Annex 54375 Route 25, P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: AVELNO, LLC, AS CONTRACT VENDEE Please be advised that your application dated December 23, 2011 has been reviewed by this Board at the regular meeting of January 18, 2012 and your application has been approved pending the completion of the following items checked off below. XX Revised Plans for proposed project XX Pre-Construction Hay Bale Line Inspection Fee ($50.00) __ 1st Day of Construction ($50.00) __ ¼ Constructed ($50.00) Paid Final Inspection Fee ($50.00) __ Dock Fees ($3.00 per sq. ft.) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above, COMPUTATION OF PERMIT FEES: Pre-Construction Hay Bale Line Inspection Fee - $50.00 TOTAL FEES DUE: $ 50.00 J f,/' BY: James F. King, President Board of Trustees Randy & Laura Plirnpton 11 Slumber Comets Weston, Ct 06883 203.454.1657 1/11/2012 Reference application: AVELNO, LLC Barbara Gladstone, managing member Dear Board of Trustees, This letter is in reference to the proposed installation of a swimming pool at 12120 New Suffolk Avenue, Cutchogue. We border this property immediately to the east and have owned that piece of land since my grandfather built the house in 1924. We know times have changed over the years and therefore cannot argue the idea of why someone in this day and age would build a swimming pool 75' from one of the most beautiful swimming holes on the east end of Long Island. - that being the Great Peconic Bay. However, we do have several concerns and hope that the board will at least listen to them, if not act upon them: First - Can the pool be placed to the rear (roadside) of the lot - on the northeast side of the house? The pool equipment could then be placed next to the barn and near the existing Air Conditioning condensers so that all the noise and equipment is located in one area. Two - If not at the above location, where are the pool pump and other noise emitting support equipment going to be placed? We ask that they too be located away from our property line so that we do not have to listen to the constant drone of pump motors and the like. Page 2 Three - We have a concem that the pool and its chemically tainted contents are sited too close to the bay. There is already an environmental issue with so many lawn chemicals and other pollutants running off into the waters all along the bay and affecting its pudty. Many think that the Brown Tide outbreaks are a direct result of such run off. What happens if we have an abnormally high storm tide and the pool's contents flow out into the bay as the salt water mixes with the pool water?. Or what would happen if the under ground piping to and from the pool support pumps crack and leach into the ground and bay water? The two water tables are very close to each other at this location. Not to mention that we have both West Creek and Downs Creek to the east and west of this properb/only a few hundred feet away and both already environmentally unstable. We respectfully ask that the board weigh these important environmental issues - both noise and water pollution - and make the appropriate changes to the applicants request. We stronolv ODOOSe the entire aoolication. Thanks ve[y ~much, Randy Plimpton and The Plimpton Family LLC Randy, Nicola, and Gib Plimpton Peter Young, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (63 I) 765-1892 Fax (631) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., January 11,2012 the following recommendation was made: Moved by Peter Young, seconded by Jack McGreevy, it was RESOLVED to SUPPORT the Wetland Permit application of AVELNO, LLC, AS CONTRACT VENDEE to construct a 12'X 37' in-ground swimming pool; install pool enclosure fencing; and relocate drywells. Located: 12120 New Suffolk Ave., Cutchogue. SCTM#116-6-10.2 Inspected by: Peter Young, Jack McGreevy The CAC Supports the application with the Condition the American beach tree is preserved and there is a 10' non-turf buffer landward of the seawall. Vote of Council: Ayes: All Motion Carried Jill M Dohcrty, P~csident Bob Ghosio, Jr, Vice-President James F King Dave Bergen PO. Boxl179 Soull~old, NY 11971 Telephone (631 765-1892 Fax ( 631 ) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: AVELNO, LLC, AS CONTRACT VENDEE requests a Wetland Permit to construct a 12'X 37' in-ground swimming pool; install pool enclosure fencing; and relocate drywells. Located: 12120 New Suffolk Ave., Cutchogue. SCTM#116-6-10.2 Type of area to be impacted: __Saltwater Wetland Freshwater Wetland Sound ~Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: zC~_Chapt.275 Chapt. 111 other Type of Application: ~'"Wetland __Coastal Erosion __Amendment __Administrative__Emergency Pre-Submission __Violation Info needed: Modifications: Conditions: Present Were: ~ J. King __B. Ghosio __ -~J. Bredemeyer___ D. Dzenkowski __ Form filled out in the find Mailed/Faxed to: Date: D. Bergeg, / °therv/k.,,._ ~ ~._: ~ ~ AVELNO, LLC, 12120 NEW SUFFOLK AVENUE~ CUTCHOGUE Figure 1, Looking south .[?om existing dwelling over location of proposed pool and toward bulkhead and Great Peconie Bay. Figure 2. Looking north from bulkhead toward existing dwelling and location of proposed pool. A__VELNO, LLC, 12120 NEW SUFFOLK AVENUE, CUTCHOGUE Figure 3. Looking west from locution of proposed pool toward offs'itc tidal wetlands' located more than 200' to west Figure 4. Looking east from offMte tidal wetlands to west toward subject dwelling and property. 116 EN-CONSULTANTS ENVIRONMENTAL CONSULTING 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com James King, Chairman Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 January 31, 2012 Re: Avelno~ LLC~ 12120 New Suffolk Avenue~ Cutchotue Dear Mr. King: As agreed at the public hearing held on the captioned application on Januas~y 12, 2012, please find attached (3) copies of a site plan prepared by John C. Ehlers, L.S., which has been revised to depict a 10' wide nonturf buffer along the landward edge of the existing concrete seawall. Also attached is a cheek for $50 to cover the pre-eonslruction hay bale line inspection fee. Should you require any additional information before your permit can be issued, please let me know. ~~OUI'S, Robert E. He. mann Coastal Management Specialist OFFICE LOCATION: Town Hail Annex 54375 State Route 25 coz'. Main Rd. & Youngs Ave.) Southotd, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM JAN 13 2012 To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: January 12, 2012 Re: Proposed Wetland Permit for AVELNO, LLC, AS CONTRACT VENDEE SCTM#1000-116-6-10.2 En-Consultants on behalf of AVELNO, LLC, AS CONTRACT VENDEE requests a Wetland Permit to construct a 12'X 37' in-ground swimming pool; install pool enclosure fencing; and relocate drywells. Located: 12120 New Suffolk Ave., Cutchogue. SCTM#116-6-10.2 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 CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided the following: If the action is approved, to further Policy 5: Protect and Improve Water Quality in the Town of Southold and Policy 6; Protect and Restore the Quality and Function of the Town of Southold Ecosystem it is recommended that the Board require the creation of a landscaped buffer 30 feet in width landward from the concrete seawall. A sample definition of a landscaped buffer is provided below for your use. LANDSCAPED BUFFER -- A land area of a certain length and width which is planted with indigenous, drought-tolerant vegetation (excluding turf) similar to that found within the immediate proximity of the parcel. Vegetation shall be installed in sufficient densities to achieve 95% ground cover within two years of installation. Survival of planted vegetation shall be 90% for a period of three years. Maintenance activities within the buffer are limited to removing vegetation which is hazardous to life and property, trimming tree limbs up to a height of 15 feet to maintain viewsheds, replanting of vegetation and establishing a four-foot-wide access path constructed of pervious material for access to the water body. [Added 12-15-2009 by L.L. No. 15-2009] 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 James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Brcderncyer Town Hall, 53095 Main Rd. P.O. Box 1179 Southold,NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only jw OaStaI Erosion Permit Application etland Permit Application Administrative Permit Amendment/Transfer/Extension ,.~ece~ved Application:~l~ ~_Received Fee:~ ~mpleted Application ~ Incomplete SEQRA Classification: Type I Type II Unlisted ~LOordination: (date sent) WRP Consistency Assessment Form I~N~I a AC Referral Sent: ~ ~ "--~-~1 [ {. te of Inspection: Receipt of CAC Report: Lead Agency Determination:__ p~ubhnical Review: lic Hearing Held: Resolution: Name of Applicant AVELNO, LLC (CONTRACT VENDEE) C/O BARBARA GLADSTONE, MANAGING MEMBER Address 515 WST 24TH STREET, NEW YORK, NY 10011 Phone Number: (212) 206-9300 Suffolk County Tax Map Number: 1000 - 116-6-10.2 Property Location: 12120 NEW SUFFOLK AVENUE, CUTCHOGUE (provide LILCO Pole #, distance to cross streets, and location) AGENT: EN-CONSULTANTS (If applicable) Address: 1319 NORTH SEA ROAD, SOUTHAMPTON, NY 11968 Phone:631-283-6360 3oard of Trustees Applica~ GENERAL DATA Land Area (in square feet): 52,574 Area Zoning: R-40 Previous use of property: RESIDENTIAL, SINGLE-FAMILY DWELLING Intended use of property: SAME, WITH SWIMMING POOL Covenants and Restrictions: If "Yes", please provide copy. Yes X No Does this project require a variance from the Zoning Board of Appeals If "Yes", please provide copy of decision. Prior permits/approvals for site improvements: Agency Date Yes X NO X 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 12' x 3T inground swimming pool; install pool enclosure fencing; and relocate drywells, all as depicted on the site plan prepared by John C. Ehlers Land Surveyor, last dated December 7, 2011. of Trustees Applicate WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: RECREATIONAL, SWIMMING POOL Area of wetlands on lot: 0 .square feet Percent coverage of lot: 0 Closest distance between nearest existing structure and upland edge of wetlands: >150 feet (BRICK PATIO) Closest distance between nearest proposed structure and upland edge of wetlands: +/-120 feet (SWIMMING pOOL) Does the project involve excavation or filling? No X Yes (AS REQUIRED FOR SWIMMING POOL) If yes, how much material will be excavated? <100 cubic yards How much material will be filled? N/A cubic yards Depth of which material will be removed or deposited: 8 (MAX) feet Proposed slope throughout the area of operations: N/A Manner in which material will be removed or deposited: STANDARD CONSTRUCTION PRACTICES, E.G. VIA BACKHOE, BOBCAT, ETC. 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 swimming pool is located within the jurisdiction of the Town Trustees pursuant to Chapter 275 because it would be located a minimum distance of 75 feet from an existing concrete seawall fronting Great Peconic Bay and thus within 100 feet ora "beach." However, the swimming pool would be located approximately 120 feet from tidal wetlands characterized by the unvegetated tida} waters of Great Peconic Bay to the south and well over 200 feet from vegetated tidal wetlands located offsite to the west. Therefore, the proposed pool will exceed the minimum 50' setback from tidal wetlands required by Chapter 275 by approximately 70 feet or more than double the required setback. A project limiting fence and staked haybales will be set in place during construction to control and contain site disturbance, and a dedicated drywell will be installed to contain backwash from the pool once constructed. Therefore, the project will not have any adverse impacts on the adjacent wetlands or tidal waters of the Town. Jill M. Doherty, President Bob Ghosio, Jr., Vice-President James F. King Dave Bergen John Bredemeyer Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of AVELNO~ LLC~ AS CONTRACT VENDEE COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Robex~ E. Herr.~ann ,l~l{ttill~gc~/dba AFFIDAVIT OF POSTING En-Consultantss 1319 North Sea Road: Southampton: NY being duly sworn, depose and say: 11qOR That onthe day of January ,201Z I personally posted the property known as 12120 New Suffolk Avenue, Cutchogue, Town of Southold, SCTM #1000-116-6-10,2 2012 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~ Januar~ 18~)012 on or about 6:00 PM. Dated: ature~~ (sign ~ Swum to betbre me this / J~day of~ 20 KlM H. 5TEPffEN$ NOTARY PUBLIC STATE OF NEW YORK COM~IS$10N NO. 5015931 O~ALIFIEO IN SUFFOLK COUNTY EXPIRES AUSUST 2, NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: AVELNO, LLC (CONTRACT VENDEE) SCTM#1000- 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 12' x 37' inground swimming pool; install pool enclosure fencing; and relocate drywells, all as depicted on the site plan prepared by John C. Ehlers Land Surveyor, last dated December 7, 2011. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 12120 NEW SUFFOLK AVENUE, CUTCHOGUE, TOWN OF SOUTHOLD 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: JANUARY 18TH, 2012 ~ 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. AVELNO, LLC (CONTRACT VENDEE) BARBARA GLADSTONE, MANAGING MEMBER PROPERTY OWNERS NAME: 515 WEST 24TH STREET MAILING ADDRESS: NEW YORK, NY 10011 PHONE#: 212-206-9300 AGENT: EN-CONSULTANTS MAILING ADDRESS: ~ 3 ~9 NORTH SEA ROAD, SOUTHAMPTON, NV 11968 PHONE #: 631-283~6360 Enc: Copy of sketch or plan showing proposal for your convenience. PLIMPTON FAMILY, LLC GOOF OF MAILING OF NOTICE { ATTACH CERTIFIED MAIL RECEIPTS Address: I 1 SLUMBER CORS WESTON, CT 06883 BARBARA BUTTERWORTH TRUST BARBARA BEST & ZARKO SVATOVIC P.O. BOX 507 CUTCHOGUE, NY 11935 250 MERCER STREET NEW YORK, NY 10012 DAVID TERRY CASE REVOCABLE TRUST 12601 OVERBROOK ROAD SHAWNEE MISSION, KS 66209 STATE OF NE'vV YORK COUNTY OF SUp'POLK ROBERT E. HERRMANN doing business at EN-CONSULTANTS 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 , beingduly sw'x)rn, deposesam~t on~ 3flth day of DECEMBER ,20 l 1 , deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at SOUTHAMPTON , that said Notices were 4ailed to each of said persons by {certified)(l~flYOI) mail. ROBERT )"ERRM~ COASTAL MANAGEMENT SPECIALIST Sworn to before me this day of DECEMBER ,20 I1 Notary l~ublic 30th gl, H. STEPflENS ~ARY PUBLIC ~,,.:~.~r~ eF NE~ YQRK CO~ IdN NO. 5015931 OUAL~ ,' SUFFOLK Cq~NTY EXP~ ~ i~.6UST 2, 20£_ tse. t ro Plimpton Family, LLC ..............11 Slumber Cors oS~'~'~?t/N~ Weston, CT 06883 Postage Certified Fee Postmark Return Receip~ Fee Here (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postag [So~tTo Barbara Butterworth Trust ...............P.O. Box 507 o"~g'Boa~'ffo~ Cutchogue, NY 11915 ," C3 C;3 Postmark Barbara Best & Zarko Svatovic New York, Ny 10012 Iseo, ro David Terry Case Revocable Trust / ............ 12601 Overbrook Road ..... j o'~'~'s~ Shawnee Mission, KS 66209 J ~;t/§i3i3; ..... PROJECT 1D NUMBER P*Rr P OJ CT IN O M*TION · k~PLL~Cd,NI~P~R~N~RACT VENDEE) BY EN-CONSULTANTS PROJECT LOCATION: Mttr~cipality CUTCHOGUE 617.20 APPENDIX C l STATE ENVIRONMENTAL QUALITY RLaWIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by A ~licant or Project Sponsor) 2. PROJECT NAME County SUFFOLK PRECISE LOCATION: Street Address and Road Intersections. Prominent landmarks etc - or provide map !120 NEW SUFFOLK AVENUE, CUTCHOGUE TOWN OF SOUTHOLD, SCTM #1000-116-6-10.2 5.1S PROPOSED ACTION: [~ New [--]Expansion ["~Mxtfficafion/alteration SEQR 6. DESCRIBE PROJECT BRIEFLY: 2onstruct a 12' x 37' inground swimming pool; install pool enclosure fencing; and relocate drywells, all as depicted on the site ~lan Prepared by John C. Ehlers Land Surveyor, last dated December 7, 2011. AMOUNT OF LAND AFFECTED: htiaally 52,574 S.F. acres Ultimately 52,574 S.F. acres 8. WiLL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? [~Yes [] No lfno, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) [~Residential [~]Industrial [-'~Commercia, [~Agriculture [~ Park / Forest / Open Space -']Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, 5rate or Local) [~Yes I--]No If list name and permit / approval: yes, agency DEC 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [-~Yes [~No If yes, list agency name and permit / approval: I~.~S A P,~LT OF PROPOSED ACTION WILL EXISTING PERMIT/. APPROVAL REQUIRE MODIFICATION? I [ Yes [~NO I CERTIF~Y THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Spons~me ROBERT E. HERRMANN, COASTAL MANAGEMENT SPECIALIST Date: DECEMBER 21,2011 Signature ~ . If the action is a Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT ITo be completed by Lead A~lency) A_ DO~S ACTION EXCEED ANY TYPE [ THRESHOLD IN 6 NYCRR, PART 6t7A? If yes, ceo~linate I~he review pro~ess and use the FUlL EAF. B. ~ ACTION RECEI~VE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NY(ARR, PART 6t7.67 If No, a negative C. COULD ACTION RESULT IN ANY AOVEP. SE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answem may be handwritten, fflegibte} Cl. F-~ting elf quaity, sun<ace or groundwater qualliy ~" quantity, noise levels, exis~ng traffic pa~. solid wasle produc~ er disposal. po(en~ for emsie~, drainage or ~ pmbtema? Explain bde~. (2. A~,,[;.~c, ag~oultuml, archae~cal, Ids(odc,, or other natural of cuti~al resoumes; or ~emmunity or rm~d~o~l chara~or? Explain bdelly: C4. ! ..... ,dnlty S ~.~-,,.,~ p~ans m' gnals as' .-.. ..... -- . .y edoPted, o~ a change m use or I~te~,tiy of use o¢ land o~ other nahum-al resources? ~ain ~y:' I C5. Growth, subsequent development, or related activities likely to be ~nduoed by lhe proposed action? Explain bne#y C6. Long term, short term, cumOative, or other effects no( identified in C1~;57 Explain briefly: ' ' ......... C?. ~ Im~a~ ~indud~g change~ in u~ of either qnanti~ ~ t~ of en~ ~x~ ain t~fl~: ....... / ! E. I~ mERE, OR la TI-IERE UKEI-Y TO BEf CONTROVERSy RE[A'IED TO POTENllA/. ADVERSE ENVIRO f;;.'=EAL IMP~ It'~ .~-~ '.~_'_ ~; PART m - ~ m r.m~iHA'rloN OF 81~NIRC~ (To be ~ompleted by ,~c-/) . IN$'I'I~UCTIO~S: F~a~hadverseeff~dent~ed~b~Ve~de~rm~neY~he~he~]t~ssubstant~a~.~~~L Each ~.=~ should be assessed in ~3nne~tlon with Its (a) setting (i.e. urban or rural); (b) pr<~ablre/el' occun~g;' (c) duration; (d.) Imwemlblli~; (e) ~raphlc scope; and (f) magnilude. Ifnecessmy, addattad~nentsormfemncesup~~ Ensumlhatexp~tiens~on~n WILL NOT result in any significant sdvorse en~onmen~l impacts AND pro~de, on at~dm*tenls as necessary, the reasons supl~flng tht~ Board of Trustees Name of Lead Agency FMnI or Type Name of Responsible Officer in Lead Agency Signalu~ 6f Resgenslbin Officer in Lead Agen~y," President Date T~le of Responsible Officer Sigrmlure of Preparer (If d/ffemn! ~'om resgendb~e officer) Town of Southold Erosion, Sedimentation & Storm-Water Run-off ASSESSMENT FORM PROPERTY LOCATION: S.C.T.M.#: THE FOLLOWING ACTIONS MAY REQUIRE THE SUBMISSION OF A 1000 116 6 10.2 STORM-WATER, GRADING, DRAINAGE AMP EROSION CONTROL PLAN District Section Block Lot CERTIFIED BY A DESIGN PROFESSIONAL IN THE STATE OF NEW YORK. SCOPE OF WORK - PROPOSED CONSTRUCTION ITEM # / WORK ASSESSMENT I Yes No a. What is the Total Area of the Project Parcels? 1 Will this Project Retain AIl Storm-Water Run-Off (include Total Area of all Parcels located within Generated by a Two (2")Inch Rainfall on Site? the Scope of work for Proposed Construction) 1 20 ACRES (S.Fd A~,es)) (This item will include all run-off created by site I I 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 +/- 1,000 SQ. FT. Site improvements and the permanent creation of construction activity? IsF. / ^r~,sl impervious surfaces.) 2 Does the Site Plan and/or Survey Show All Proposed PROVIDE BRIEF PROJECT DESCRIPTION (Provide Additional Pages as Needed)) Drainage structures Indicating Size & Location? This X item shall include all proposed Grade Changes and ]onstruct a 12' x 37' inground swimming pool; install pool Slopes Controlling Surface Water Flow, enclosure fencing; and relocate drywells, all as depicted on the 3 Does the Site Plan and/or Survey describe the erosion site plan prepared by John C. Ehlers Land Surveyor, last dated and sediment control practices that will be used to December 7, 2011: control site erosion and storm water discharger. This Item must be maintained throughout the Entire Consh'uction Period. 4 Will this Project Require any Land Filling, Grading or Excavation where {here is a change to the Natural Existing Grade involving more than 200 Cubic Yards I I of Material within any Parcel? 5 Will this Application Require Land Disturbing Activities Encompassing an Area in Excess of Five Thousand I I (5,000 S.F.) Square Feet of Ground Surface? 6 ls there a Natural Water Course Running through the Site? Is fids Project within the Trustees jurisdiction General DEC SWPPP Requiren~nts: or within One Hundred (100') feet of a Wetland or Submission of a SWPPP is required for all ConstmcUon activities involving soil Beach? disturl~mcesof one(l)or rcoreacr~s: h~cludh~gdistr~is~ncosof lessthanoneocrethat 7Will there be Site preparation on Existing Grade Slopes ~ , , are ~ of a larger conmxon plan tlmt will ul ihn~tely distarb one or more ocres of Im~ds which E xceed Fifteen (15) feet of Vertical Rise to I I hrluddng CcmstmcUcn aoivaies flwofvtug sc~l disturbences of le~ than one (1) amc where One Hundred (100') of Horizontal Distance? the DEC has determined that a SPDES penmt is required for stoma water disd~ar ge~: SWPPP's Shall meet the Minimum Requirements of the SPDES General Permit tot Storm Water Discharges from Construction activity - Permit No. GP-0-10-0~I.) 8 Will Driveways, Parking Areas or other impervious Surfaces be Sloped to Direct Storm-Water Run-Off h The SWYPP shall be prepared prior to the submittal of the NOI. The NOI shall be into and/or in the direction of a Town right-of-way? I I submitted to the Depar men pr or o he commencement of construction activity. 2 The SWPPP shall describe the erosion and sediment control practices and where 9 Will this Project Require the Placement of Material, required, post-constmction storm water management practices that will be used and/or Removal of Vegetation and/or the Construction of any ~ X constructed to reduce the pollutants in storm water discharges and to assure Item Within the Town Right-of-Way or Road Shoulder compliance with the terms and conditions of this permit, In addition, the SWPPP shall Area? {this item will NOT include the ilt*tal[ation o~ Dri~way identify potential sources of pollution which may reasonably be expected to affect the 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 posl-construction storm water management practice in a Box and the construction site disturbance is between 5,000 S.F & 1 Acre in area, a Storm-Water, Gradin Drainage & Erosion Control Plan is Required by the Town of component shall be prepared by a qualified Design Professional Licensed in New York gouthold and Must be ~bmitted for Review Prior to Issuance of Any Building Permit. ha is knowledgeableintbeprinciples and practicesofStormWater Management. (NOTFx AO~ckM~rk{X)a~t/orAnfl~foreochQuestion/sP~tfiredforaG~t~edA~ication/~ SLATE OF NEW YORK, COUN~' OF 5.1~[[OLK ]'hat 1, ROBERT E. HERRMANN beit~ duty s~torr~ deposes arid says that he/she is the applicant for Pem~it, AGENT FOR OWNER And that he/she is the (O~r~r, Ccr~r~k~, .afl,t, Ctarr r,~ Cltic~:, Oc 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, fl Sworn to before me this; N°tary Pub~'~'-'/~7~ .......... f' ~tum of ^pphcant) .......... 7.. FORM- O6/lO ROIA~¥ PUBLIC sTATE OF ~EW YORK COMMISSION ND. 5015§31 of Trustees Application (print owner of property) AUTHORIZATION (where the applicant is not the owner) (mailing address) 2t'Pt~ ~'f., /~J~/ , /~',fi'-/ do herebyauthorize (Agent) ~ - (qJ~'ff--~_l~ I ~ ! ~t9 apply for permit(s) from the Southold Board of Town Trustees on my behalf. //~~Owner's signature) ~rd of Trustees Application County of Suffolk State of New York ~ ~[~,~Jl,hC~ BEINGDULY SWORN DEPOSES AND AFFIRMS THAT HE/S~HE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S)AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES 1N CONJUNCTION WITH REVIEW OF THIS APPLICATION. STACEY TUNIS Notary Public - State of New York No. 01TU6227238 QuaJifie0 in Westchester County My Commission Expires August 30, 2014 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics orohibits conflicts of interest on the Dart of town officers and emvlovees. The nuroose of this form is to urovide information which can alert the town of POssible conflicts of interest and allow it to take whatever action is (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: (Cheek all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other", name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of(or employment by) a corporation in which the lown officer or employee owns more than 5% of the shares. YES NO ~/~ l£you answered "YES", complete the balance &this form and dale and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater thm~ 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); __C) an officer, director, partner, or employee of the applicant; or __D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS 1 Submitted this Signature Print Name APPLICANT/AGENT/REPRESEI~TATIVE TRANSACTIONAL DISCLOSUR~ FORM T{{~ Town of ~,~,*~,la'~ C~de of Ethics umhFoits ~[~ of [~ ~ ~ ~ ofm~ o~ ~ ~o1~ ~ ~ of NA~ OF ~ON: (~ ~1 ~ ap~.) ~ of~n~ Ap~ of p~ ~n ~ p~ ~ offic~ ~ PI~ 0f~, ~ ~ ~.) you ~ whi~ ~ YE~ NO Ify~ ~ ~", ~ ~ ~ ~is f~ ~d ~ ~d s{~ ~ ~. N~ of~ mp~ ~ ~ T~ of S~ Ti~ ~ ~ ~ ~ o~ ~pi~ or ~ ~r~ ~b~g ~g ~ ~ k (~ all ~ ~Iy}: (~ ~ ~{~t ~ a ~n); ~H~ k ~t a ~n); .C) ~ o~, d~, ~r, ~ emplo~ of~ ~li~g or DESCRIPTION OF RELATIONSHIP Form T~ I CONSENT Re: Premises: 12120 New Suffolk Avenue, Cutchogue, New York 11935 SCTM#: 1000-116-6-10.2 JAMES F. KELLY, as Trustee of the Kranse Family Trust dated 12/12/03, being duly sworn deposes and says: The Trust is the owner of the above referenced property (the "Premises"), and I am the sole Trustee of the Trust. I hereby authorize the Southold Town Board of Trustees, their agant(s) or representative(s) to enter onto the property to inspect the premises in connection with review of an application by AVELNO, LLC, and their agent, Eh- Consultants, for construction of an in ground swimming pool and fence on the Premises. I further authorize AVELNO, LLC and/or Enconsultants on its behalf as Agent to apply for such permit(s) from the Southold Town Board of Trustees. Sworn to before me December 9, 2011 Kelly, T~ Notary Public SANDRA M. NIDITCH Notm~ publ~ State of Nmv Yod~ NO. 01N14508804 Qu~lifl~l I~ Que~18 Cou~ Commi~ior: F..xp~ J~'t. ~1, 2014 Eat2/Kr/Qu/ConsentKellyTru~tee* CONSENT Re: Premises: 12120 New Suffolk Avenue, Cutchogue, New York 11935 SCTM#: 1000-116-6-10.2 JAMES F. KELLY, as Trustee of the Kranse Family Trust dated 12/12/03, the owner of the above referenced property (the "Premises"), does hereby consent to its contract vendee, AVELNO, LLC, and the contract vendee's agent, Eh-Consultants, to make applications for permits to the Town of Southold Board of Trustees and NYS DEC for construction of an in ground swimming pool and fence on the Premises. This consent shall include, without limitation, the right to obtain surveys, soil borings, engineering data, and all other matters in connection with such application. The pool shall be no larger than 20'x 40' plus appurtenances (deck, fence, etc.); proposed in a conforming location near the southeast comer of the residence, and in compliance with applicable side yard setbacks and zoning requirements of the Sunthold Town Building Code. Dated: December ,2011 F~t2/Kr/Qu/Con~emKelly Town of Southold A. LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS 1. A ti applicants f0r perm its* innludhg Tow n 0f S0uth0ld agencies, shall c0m plete this C C A F f0r proposed actions that are subject to ~he Town of South01d Waterfront Consistency Review Law+ This assessmentisintendedt0supplement0therinf0rmati0nusedbyaT0wn0fS0uth01dagencyin m a k i n g a d ete r m in a ti0 n 0 f c 0 n s is t e 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. A proposed 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~ listing both supporting and non- supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. SCTM# 116 A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. DESCRIPTION OF SITE AND PROPOSED ACTION 6 10.2 PROJECT NAME AVELNO, LLC (CONTRACT VENDEE) The Application has been submitted to (check appropriate response): TownBoard ~ Planning Board ~] Building Dept. ~] Board of Trustees [5~ 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 12' x 37' inground swimming pool; install pool enclosure fencing; and relocate drywells, all as depicted on the site plan prepared by John C. Ehlers Land Surveyor, last dated December 7, 2011. Location of action: 12120 NEW SUFFOLK AVENUE, CUTCHOGUE Site acreage: 1.21 ACRES Present land use: RESIDENTIAL, ONE-FAMILY DWELLING WITH ACCESSORY BARN Present zoning classification: R-40 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: AVELNO, LLC (CONTRACT VENDEE); C/O BARBARA GLADSTONE (b) Mailing address: MANAGING MEMBER, 515 WEST 24TH STREET NEW YORK, NY 10011 (c) Telephone number: Area Code 212-206-9300 (d) Application number, if any: Will the action)b~rJ~0e~gl0Yd~Rl~'~ require ff.d(d~l~K~r approval by a state or federal agency? Yes [~ No ~] If yes, which state or federal agency?NVS DEC 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 [5~] Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southoid. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [~] Yes [--] No [5~ 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 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 swimming pool will be consistent with Policy 5 as it will be located approximately 120 feet from the surface waters of Great Peconic Bay; and a dedicated drywell will be installed to contain pool backwash. 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 swimming pool is locate~f the Town Trustees purs o Chapter 275 because it would be I~cat~f 7-~eet I~tn existing concrete seawall fi'onting Great Pe'~gc ~ ~ ~ ;~'"~'a "beach." However, the swimming pool would be located approximately 120 feet from tidal wetlands characterized by the unvegetated tidal waters of Great Peconic Bay to the south and well over 200 feet from vegetated tidal wetlands located offsite to the west. Therefore, the proposed pool will exceed the minimum 50' setback fi.om tidal wetlands required by Chapter 275 by approximately 70 feet or more than double the required setback. A project limiting fence and staked haybales will be set in place during construction to control and contain site disturbance, and a dedicated drywell will be installed to contain backwash from the pool once constructed. The pool would also be located a minimum of 75 feet from the concrete seawall as required by Chapter 280 of the Town Code. Therefore, the porposed project will comply with all regulations set forth by Town Code and also by Article 25, Tidal Wetlands, pursuant to the New York State Tidal Wetlands Act. The project will therefore by consistent with Policy 6. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southoid. 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 Southoid from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. R 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. ['-] Yes ~ No ~ Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Po. licy 10. Pro. tect Southold's ~r-dependent uses and promote si~ of new water-dependent statable locations. See LWRP Section IH - Policies; Pages 47 through 56 for evaluation criteria. ~ Yes ~ No [~ Not Applicable uses in 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 [5~ 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 [51~] 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 PREPARED BY ~-, _ TITLEcoASTALMGMTSPECIALIST DATE 12/21/11 ROBERT'E. ~ERRMANN ~ Amended on 8/1/05 EN-CONSULTANTS 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com ENVIRONMENTAL CONSULTING December 21,2011 Town of Southold Board of Trustees 54375 Main Road Post Office Box 1179 Southold, New York 11971 Attn.: Lauren Standish Avelvo, LLC (Contract Vendee) 12120 New Suffolk Avenue, Cutchogue SCTM #1000-116-6-10.2 Dear Ms. Standish: In regard to the above referenced property, enclosed are the following for the Board of Trustees review: Three (3) Wetland Permit Applications including: a) Short Environmental Assessment Form; b) Authorization & Disclosure Forms;and c) survey. One (1) set of site photographs. Application fee of $250.00 wetlands. Three (3) LWRP Consistency Assessment Forms including: a) survey. I trust this information shall allow you to process our permit request. Should any additional information be required, please do not hesitate to contact our office. SRio~EY.'Harrmann Coastal Management Specialist /khs Enc. ..5,UR'v"E'T' OF PROPER"r'T' 51TUA'T~, TOI'~ SUFFOLK GOUNT'¢, N'r' .EA)~.YE'r': 11-12-200-/, INE. TLANDE, 10-21-2011 F:~.OP. POOL 12-~-2011 LOT C. OVEP. A~F 12--/-2011 AMENDED 01-2~-2012 E~F:FOLK. COUNTY TAX I000 - Il(;, - ,6 - 10.2 cJ~,~'t'~ 10:. APPROVED BY BOARD OF TRUSTEES TOWN OF SOUTHOLD o N w+E FEB - 1 2012 NOTE~: 0 PIPE FOUND~ INATER LINE 15 .~-tEATH~D IN AW, EA NEAR ~:rl'lC IN AC, C, OI~J2AN~E I~ITH 5.C.D.H.5. 5TAN~AP, D~ AF~F_A = 52...5~4 5.F. or' 120(::,q ACP. E5 FEMA FLOO~ ZONE A~ ]3~EPIC, TED ON CEMA MAP ~IOE~.,O5OI H LAST REV. OEPT. 25, 200q ®tRAPHIO .~CALE I"= ,40' JOHN C. EBI.ERS LAND SURVEYOR 6 EAST MAIN STP. I~i' N.Y.$. LIC. NO. 50202 ~, N.Y. 11901 369-8288 Fax 369-8287