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HomeMy WebLinkAboutTR-7757 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 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 0735C Date: April 4, 2012 THIS CERTIFIES that the existing wood bulkhead with vinyl sheathing landward of existing wood bulkhead; wood retaining wall; 3'x14' stairs; 12'x21' wood deck with vinyl knee wall landward of wood deck; and 5'x4' stair lan~ding with two 4'x7' stairs to beach; and that the existing non-turf buffer area between the bulkhead and the top of bluff remain as non-turf. At 1050 West Cove Road, Cutchogue, New York Suffolk County Tax Map # 11 I-5-1 Conforms to the applications for a Trustees Permit heretofore filed in this office Dated February 27, 2012 pursuant to which Trustees Wetland Permit #7757 Dated March 21, 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 existing wood bulkhead with vinyl sheathing landward of existing wood bulkhead; wood retaining wall; 3'x14' stairs; 12'x21' wood deck with vinyl knee wall landward of wood deck~ and 5'x4' stair landing with two 4'x7' stairs to beach; and that the existing non-turf buffer area between the bulkhead and the top of bluff remain as non-turf. The certificate is issued to 1050 WEST COVE RD., LLC owner of the aforesaid property. Authorized Signature BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7757 DATE: MARCH 21~ 2012 ISSUED TO: 1050 WEST COVE RD, LLC PROPERTY ADDRESS: 1050 WEST COVE ROAD~ CUTCHOGUE SCTM# lll-5-1 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 March 21, 2012, and in consideration of application fee in the sum of $250.00 paid by 1050 West Cove Rd., LLC and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit for the existing wood bulkhead with vinyl sheathing landward of existing wood bulkhead; wood retaining wall; 3'x14' stairs; 12'x21' wood deck with vinyl knee wall landward of wood deck; and 5'x4' stair landing with two 4'x7' stairs to beach; with the condition that the existing non-turf buffer area between the bulkhead and the top of the bluff is to remain as non-turf; and as depicted on the survey prepared by Nathan Taft Corwin III, last dated September 29, 2012, and stamped approved on April 4, 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 1050 West Cove Rd., LLC, residing at 1050 West Cove Road, 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 pa~ies, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. The Pennittee 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. 10. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. 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 March 21, 2012 BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD Eugene Burger 2215 Pine Tree Road Cutchogue, NY 11935 RE: 1050 WEST COVE RD., LLC 1050 WEST COVE ROAD, CUTCHOGUE SCTM# 111-5-1 Dear Mr. Burger: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, March 21, 2012 regarding the above matter: WHEREAS, 1050 WEST COVE RD., LLC 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 February 27, 2012, 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 recommended that the proposed application be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policies 6.3 of the Local Waterfront Revitalization Program to the greatest extent possible through the impositiOn of the following Best Management Practice requirements: the existing non-turf buffer area between the bulkhead and the top of bluff is to remain as non-turf; and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on March 21,2012, 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 concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the application of 1050 WEST COVE RD., LLC for the existing wood bulkhead with vinyl sheathing landward of existing wood bulkhead; wood retaining wall; 3'x14' stairs; 12'x21' wood deck with vinyl knee wall landward of wood deck; and 5'x4' stair landing with two 4'x7' stairs to beach; with the condition that the existing non-turf buffer area between the bulkhead and the top of the bluff is to remain as non-turf; and as depicted on the survey prepared by Nathan Taft Corwin III, last dated September 29, 2012, and stamped approved on April 4, 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: $0 Very truly yours, JFK/eac James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer 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: 1050 WEST COVE RD., LLC Please be advised that your application dated February 27, 2012 has been reviewed by this Board at the regular meeting of March 21, 2012 and your application has been approved pending the completion of the following items checked off below. __ Revised Plans for proposed project __ Pre-Construction Hay Bale Line Inspection Fee ($50.00) __ 1st Day of Construction ($50.00) __ ¼ Constructed ($50.00) __ Final Inspection Fee ($50.00) Dock Fees ($3.00 per sq. ft.) XX The Permittee is required to provide evidence that the non-turf buffer condition of the 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. Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: TOTAL FEES DUe: $ 0 BY: James F. King, President Board of Trustees Peter Young, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (63 I) 765-1892 Fax (631) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., March 14, 2012 the following recommendation was made: Moved by Audrey Horton, seconded by Peter Young, it was RESOLVED to SUPPORT the Wetland Permit application of 1050 WEST COVE RD., LLC for the existing wood bulkhead with vinyl sheathing landward of existing wood bulkhead; wood retaining wall; 3'X 14' stairs; 12'X 21' wood deck with vinyl knee wall landward of wood deck; and 5'X 4' stair landing with two 4'X 7' stairs to beach. Located: 1050 West Cove Rd., Cutchogue. SCTM#111-5-1 Inspected by: Audrey Horton, Peter Young The CAC Supports the application with the Condition of a 40' non-disturbance buffer between the top of the bulkhead and the crest of the bluff. Vote of Council: Ayes: All Motion Carried James F. King, President Bob Ghosio~ Jr, Vice-Prcsidenl PO. Box 1179 Southold, NY 11971 Telephone (631 765-1892 Fax (631 ) 765-6641 Southold Town Board of Trustees Field InspectionNVorksession Report Date/Time: 1050 WEST COVE RD., LLC requests a Wetland Permit for the existing wood bulkhead with vinyl sheathing landward of existing wood bulkhead; wood retaining wall; 3'X 14' stairs; 12'X 21' wood deck with vinyl knee wall landward of wood deck; and 5'X 4' stair landing with two 4'X 7' stairs to beach. Located: 1050 West Cove Rd., Cutchogue. SCTM#111-5-1 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: __Chapt.275 Chapt. 111 other Type of Application: __ Wetland __Administrative__Emergency Coastal Erosion Pre-Submission __Amendment Violation Info needed: Modifications: Conditions: Present Were: J. King B. Ghosio __ J. Bredemeyer__ Michael Domino Form filled out in the field by D. Bergen, D. Dzenkowski other Mailed/Faxed to: Date: Fit National Title Insurance iny TITLE ]NO, 07-?405-50765-$UFF AMENDED SCHEDULE A. 1 (Description) ALL that certain plot. piece or parcel of land, situate, lying and being at Nassau Point, Town of $outhold, County of Suffolk and State of New York, known and designated as and by the Lot No. 2 on a certain map entitled, "Rew~ed Subdivision Property of Alonzo Jersey, being Plot 292, Nassau Point Club Properties, Inc., at Peconic. New York" made and completed April 21. 1980 by Otto W. Van Tuyl, Professional Engineer and Land Surveyor, flied in the Office of the County Clerk, Suffolk County, New York, April 28, 1930, file number 763, and which map was superseded made Ma5 9. 1923, and filed in said Counly Clerk's Office in File No. 640 bounded and described as follows: EEGINNING at a point on the northerly side of West Cove Road distant 320 feet westerly from the comet formed by the intersection of the northerly side of West Cove Road and the westerly side of Old Cove Road; R t.;~'2WING TH2ENCE north 71 degrees 38 minutes 00 seconds west along the northerly side of West Cove Road 90 feet; '~ HENCE ~oah 18 degrees 47 minutes 30 seconds east 318.46 feet: T I-[ENCE south 62 degrees 58 minutes 20 seconds east 90,00 feet; THENCE south 18 degrees 37 minutes 10 seconds west 304.91 feet to the northerly side of West Cove Road and the point o: place ~.3f BEGINNING ['OGETbr_ER with all rights and privileges, if any. of the party of the first part to use the 10 foot roadway extendh',g We:;irr!y from [he Northwest Loop to the bay, as shown on said Map, as a right of way to the beach. · NtAR 2 1 2012 THE POLICY TO BE ISSUED under this commament will insure the title to such buildings and im?rovements on the pi em~yes which FOR CONVEYANCING ONLY' Together with all the right, title and iaterest of the parg, of the first pan, of in and to the land tyOtg ~.,~ r~e stayer m front oJ and adjoining said premise~ 4 5 4.3A(¢) 1,4A(c) 3.0A(c) /, ~.3A(¢) MAR 2 '1 2012 Joan Kelly 1050 West Cove Road Cutchogue, NY 11935 February 23, 2012 Southold Town Trustees PO Box 1179 Southold, NY 11971 To Whom It May Concern, This letter is in regards to the above premises 1050 West Cove Road, Cutchogue, NY, 11935 - tax map number 1000-111-05-001. As the previous owner of the property we hired RAMBO, 1NC. to sheathe the existing bulkhead on the landward side of the bulkhead with vinyl sheathing. It was my impression that all permits were in place for this project. I apologize for any miss-understanding if this work was done without the benefit of the Southold Town Trustee Permit. Sincerely, /Joan T. Kelly GAILA. GHOSIO NotapJ Pu.b. lic,~te,,~o~f New York Qualified in Suffolk County Commission Expires March 19,20 I_~ N 111 OFFICE LOCATION: Town Halt Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 F~x: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: March 19, 2011 Re: Proposed Wetland Permit for 1050 WEST COVE RD., LLC SCTM#1000-111-5-1 1050 WEST COVE RD., LLC requests a Wetland Permit for the existing wood bulkhead with vinyl sheathing landward of existing wood bulkhead; wood retaining wall; 3'X 14' stairs; 12'X 21' wood deck with vinyl knee wall landward of wood deck; and 5'X 4' stair landing with two 4'X 7' stairs to beach. Located: 1050 West Cove Rd., Cutchogue. SCTM#111-5-1 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 actions are INCONSISTENT with the LWRP. Note: The construction of the bulkhead with vinyl sheathing landward of existing wood bulkhead; wood retaining wall; 3'X 14' stairs; vinyl knee wall landward of wood deck; and 5'X 4' stair landing with two 4'X 7' stairs to beach were not constructed with the benefit of a Board of Trustees permit and therefore does not comply with Policy 6.3. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The 252 square foot deck is not a permissible action pursuant to 275-11 Construction and operation standards, A (6). 275-11 Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (6) Decks and platforms. No decks or platforms shall be permitted on or near bluffs. Platforms associated with stairs may not be larger than 32 square feet. [Amended 10-11-2005 by L.L. No. 17-2005] 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 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 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only ~eastal Erosion Permit Application tland Permit Application Administrative Permit Amendment/Tmns fer/Extension ./ffece~vved Applicatiom~)~J~_ '/~Received Fee:$ ,3~ ~"C)~ ' ~42ompleted Appl~dation ~;-qJ~q.~%[ I&) ~Incomplete __SEQRA Classification: Type I Type II Unlisted Coordination:(date sent). ~EWRP Consistency Assessment Form ~ ~,~-CAC Referral Sent: ~l~ate of Inspection: 23 [ IA.l[ l~t __Receipt of CAC Report: __Lead Agency Determination: Technical Review: ~"~ublic Hearing Held: ~1~ t l~ Resolution: Suffolk County Tax Map Number: 1000- Property Location: t (provide LILCO Pole #, dist-ance to cross streets, and location) Address: Phone: Board of Trustees Application GENERAL DATA Land Area (in square feet): Area Zoning: ~4~et ()U~t Previous use of property: ~(.gTI ()C/q~'lLk Intended use of property: .~v Coven~ts ~d Resections: Yes ~ No If"Yes", plebe provide copy. Does this project require a variance from the Zoning Board of Appeals __ Yes "~. No If "Yes", please provide copy of decision. Will this project require any demolition as per Town Code or as determined by the Building Dept. Yes ~ No Does the structure (s) on property have a valid Certificate of Occupancy 'x., Yes No Prior permits/approvals for site improvements: Agency · ~ Date - No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspet~ded by x, No If yes, provide explanation: a govemmental agency? Yes Project Description (use attachments if necessary): L&O-&t- Z/z tS-~c 1'5'T-tU6--~Uo 0 0 Boar~of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Area of wetlands on lot: (~) square feet Percent coverage of lot: CD % Closest distance between nearest existing structure and upland edge of wetlands: feet Closest distance between nearest proposed structure and upland edge of wetlands: feet Does the project involve excavation or filling? No Yes If yes, how much material will be excavated? i cubic yards How much material will be filled? , ._ ,,, cubic yards Depth of which material will be removed or deposited: Proposed slope throughout the area of operations: Manner in which material will be removed or deposited: feet Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of sulch proposed~ operations (use attachments if appropriate): PROJEC~ ID NUMBER PART 1 - PROJECT INFORMATION 1. APPLICANT / SPONSOR 61720 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by Applicant or Project Sponsor) 2. PROJECT NAME SEQR 3,PROJECT LOCATION: Municipality 4. PRECISE LOCATION: Street Addess and Road Intersections. Prominent landmarks etc -or crovide maa 5. IS PROPOSED ACTION: [] New [] Expansion [] Modification / alteration 6. DESCRIBE PROJECT BRIEFLY: 7, AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? ~]Yes [] No If no, descdbe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) ~]Residential []Industrial [---]Commercial ~]Agricutture F--]Park/Forest/OpenSpace F~Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) E~]Yes'~"~]..No yes, agency name and permit / approval: ll. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ]Yes E~NO If yes, list agency name and permit / approval: RE ULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Signature ~'~ ~ ,~''''X'''-~'''-"'-~rr, '"'~ If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART Il - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 ff yes, coordinate the review process and use the FULL FAF. r-]Yes r~--] No B. VYtLL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If NO, a negative deolaraliort may be suporseded by anoUler im~lved nge~cy. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WtTH ~ FOLLOV~NG: (Answers may be handwd~efl, if legible) C1. ~ng air qua#fy, sur[ace or gmundwator quality or quanfl~y, n~se levels, existing traffic pattern, solid waste produc~on or disposal, potential A~'emslon, dmthage or flooding problems? Explain bdofly: C2. Aesthetic. agricultural, archaeological, historic, or other natural or cultural resources; or community or nelghl~hood chamstet? Explain briefly: I C3. V~,={={;O~ m' faurm, fish, ~lflsh or wildlife species, significant habitats, or ifseatened or endangered species? Explain bdefly: C4. A ~ ,.,,unlys =,Galh,v Iffans or goals as ~,,T,~l;y adD,ted, or ~ change i~ use or [qteeslty of use of land or other natural resoumes? Explain b~efly: C$. Gre~h. eub~oqu~nt development, or mlatnd a~l~be~ #kely Io be Ind~,-,d by tho Ixopo.sed action? E~plain bdefly: ' ....... C6 ongtenn shodterm oJmulative ornthereffectsnotidentifledthCl~5? F-xplalabriefly: C7. Other Impants (including changes in use of either quantity or type of eries},? ~:~'pl~. txlefly: D. WILL THE PROJECT NAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAl ~I~eCsNME~.~.]AiLqoARiEA (CEA ? Ill yes ex,lath briefly / F-- I~ THERE, OR IS THERE UKELY TO BE~ CONTROVC=RSy RELATED TO PO~ ADV~,SE E NVI RC,%',%~ C~.'TAL IMPACI'S~ PART III - a: ~ =alNA'nO~ OF SIGNIFICANCE (To be completed by.aGeno/) . INSTRUCTIONS: Foreachadvorsee~e~idend~edabeve~de~en~ninew~e~hor~tissubstantia~~r~s~n~nt~ Each eff~t should be assessed in ~onnection with its la) se~ng (i.e. urban or mini); (b) pr~al~re/of e~afing; lc) duration; (d) Inevemibility;. (e) geographic re=ope; and (f) megnitude. If necessat, y, add attachments or reference supporting materials. Ensure ~ explanatieaa (xmtaln sufl¶clent detail to show that all relevanf! adverse Impacts have been identified and edequaM~ addressed, if qUeS~o~ d of part il was cimc~ed yes, the det~mlnaOo~ of sight, erie must evaluate Ibe potenUal Impact of the profx~ ae~on on the emaronme~al cham~ of the CEA. EAF and/or prepare a positive dectsmOon. WILL NOT re"~2~ I~ any slgo[fican~ adve~e environmental knpacts AND pro~e, co at~achmeflts as necessa~/, Ihe reascos suppodfng detennthaOon. Board of Trustees Name of Lead Agency Pdnt or TyJ~e Name of Responsible Officer.in Lead Agency igrl~ o sponslble Officer in Ldad'Agency / President Date T'rile of Responsible Officer Signa[um of Preparer (If differe~ from responsible officerJ - -own of Sout-- old Erosion, Sedimentation & Storm-Water Run-off ASSESSMENT FORM  PROPERTY LOCATION: S.C.T.M.#: THE FOLLOWING ACTIONS MAY REQUIRE THE SUBMISSION OF A STORM-WATER, GRADING~ DRAINAGE AND EROSION CONTROL PLAN Distract Sect]on Block Lot CERTIFIED BY A DESIGN PROFESSIONAL IN THE STATE OF NEW YORK. SCOPE OF WORK - PROPOSED CONSTRUCTION J'l'itM # / WORK ASSESSMENT I Yes No a. What is the Total Area of the Project Parcels? (Include Total Area of all Parcels ;ocated within 1 Will this Project Retain All Storm-Water Run-Off the Scope of Work for Proposed Construction) '~ 7 i ?' ~ '7 ~;~ Generated by a Two (2") inch Rainfall on Site? (SF./Acme) (This item will include all ran-off created by site x I I b. What is the Total Area of Land Cleadng clearing and/or construct~n activities as well as all -~- and/or Ground Disturbance far the proposed iC' (2..~ '~--- Site Improvements and the permanent creation of construction activity? impervious surfaces.) is.~ ,^~) 2 Does the Site Plan and/or Survey Show A~I Proposed PROVIDE BKIEF PROJECT DESCRIPTION {Pm¥ide Ad~donal p~ge; as Needed) Drainage Structures Indicating Size & LOCatk)n? This item shall include all Proposed Grade Changes and ~h~O ~JI~'{,IL ~-~;t~- /-~L~ 3 Does the Site Ptan and/or Survey descrthe the eresion and sediment control p~acfices that will be used to control site erosion and storm water discharges. This -- Construction Period. ~-~._~ (~r' ~'~ ~t./X~ t ~ ~/'.,.J .(~ ~_(./ 4 Will this Project Require any Land Fitling, Grading or , Excavation where there is a change to the Natural ';~"~LI~' ~j~./~)~ ~:='~'--~ t~, ('~ ~.%_[ i),,)~)(~)[~') ExistingGradelnvolvlngmorethan200CubicYards ~,~:~ ~3 ¢'~ /: ._~[Ti'~J. i~.~'~i~ -- (5.000 S.F.)Square Feet of Ground Surface?I'~ -- (~ 6 Is ~here a Natural Water Course Running through the Site? is this Project within the Trustees jurisdiction I I ~eneral DEC SWPPP Requirements: or wilhin One Hundred (100') feet ora Wetland er Submission of a eWPPP is required f~' all Construction acti'~tiss i~vo~vin9 ~oil Beach? are pa,'t of a larger common plan that ~ ~tirredely disturb one or more acres et land; which Exceed FifteenPreparati°n(15) feet°nofEXistingveritcal GradeRise toSI°pes I'--""--I SWPPP"s Shall meet the Minimum Requirements of the SPDES General Permit ~ Will Driveways, Parking Areas or other Impowious for Storm Water Discharges fto~ Construction activity - Permit No. GP-0-10~t .) Surfaces be Sloped to Direct Storm-Water Run-Off I""--I constructed to reduce the Fx3llutunts in storm water discharges and to assure Ilem Wtih[n the Town Right-of. Way or Road Shoulder STATE OF NEW YORK, .~.,/,,.~, ,~ ;..,~..~ being duly sworn, deposes and says that he/she is the applicant for Permit, And that he/she is the Owner and/or representative of the Ore,er or Ore,ers, and is duly authorized to perform or hav~ l~&~O work and to make and file thi§ application; that all statements contmned m tbs. app icafion ~e b'ue to thc U01a~[~[i~ 1~'~~;, ~ L.a,~a~0~" lief;' and that the work will be performed in the manner set forth m the application filed herewith. FORM - 06/10 Board of Trustees Application County of Suffolk State of New York ~, m. -o-- ,~-.'-X( //~ Or'tn "~Z'"- BEING DULY SWORN DEPOSE~S~[ND AFFIRMS THAT i~O~/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE.APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATiVES(S), TO ENTER ONTO NrY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. SWORN TO BEFORE ME THIS a~ DAY OF~'~tg(~ ,20/;/-. Public James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Brcdemcycr Michael J. Domino 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 BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of 1050 WEST COVE RD., LLC COUNTY OF SUFFOLK) STATE OF NEW YORK) being duly sx~:n~, depo~'e and AFFIDAVIT OF POSTING , residing at/dba ~)O-J ~ F/~' ~ say: That on the day of ,201, I personally posted the property known as by placing the Board of Trustees official po~ter~vhere 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., March 21, 2012. Dated: S~vom to before me this /3v'"day q~ar~ Public Board Trustees Application AUTHORIZATION (where the applicant is not the owner) (print owne~ of property) (mailing ad~lress} ' do hereby authorize (Agent) to apply for permit(s) from the Southold Board of Town Trustees on my behalf. (Owner's signature) 8 ]A L PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Il I'1 ~ Mall ' I [] ¢.o.n. 102595-02-M. -~.~I~,0.~,,,~.,.'~,, c., , being duly sworn, deposes and says that c ~ Oday of ~, ,20/?; deponent mailed a tree 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 there 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 ff-,~ ~-~.~ , that said Notices were mailed to each of said persons by CERTIFIED MAI'L/RETURN RECEIPT. Sworn to before me this Day of "-~flOf('fq ,20 otary Public APPLI CANT/AGENTfREPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics orohibits conflicts of interest on the oart of town 0fficom and emolovees. The ouroos¢ of this form is to orovide information which can alert the town of l~ossible conflicts of htom~t and allow it to t~e whatever action Eeeessarv to avoid same. (Last name, tn'st name, apiddl¢ initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee ~' Change &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 ~ith any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Busines~ interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of(or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. NO ~N, If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee, Either check the appropriate line A) through D) and/er describe in the space provided. The town officer or employee or his or her spouse, sibling, parenk or child is (check all that apply): A) tho owner of greater than 5% of the shares of the corporate stock of the appli¢0nt (when the applicant ia a corporation); ___B) the legal or beeeficial 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 day of 200 Town of Sohthold 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 supplemem 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 Waterfrom Revitalization Program. A proposed action will be evaluated as to its sitmificant 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, listin~ both supporting and non- suooortiw, facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online 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. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 'I ~ I 0~' - O I PROJECT NAME ~t-'O'~aJ ~ ~ ~~ The Applica~on h~s been ubm~ed to (check appropriate response): TownBoard ~ Plann~gBoard~ Build~gDept. ~ Board ofT~stees ~ 1. 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: ~] ~ ..-- -- Location of action: Site acreage: I. ~- ~rf. tT.~c~ Present land use: Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: la) Nameofapplicant: ~C~£) Cc'C ~ lc, v( i2_3_~ ~,C~ lb) Mailing address: ~¢b ~O 'A C['~OI tn U/'T'(t40&O~; ~-(,~' I~qQ)i3'/ lc) Telephone number: Area Code I~ (d) Application number, if any:. Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No~ If yes, which state or federal agency?_ C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. E~Yes [] No~ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section IIlx- Policies Pages 3 through 6 for evaluation criteria [] Yes [-~ No l)~lxl Not Applicable Attach additional sheets if necessary Policy 3.. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section lEk-Policies Pages 6 through 7 for evaluation criteria ~-~ Yes ~~No [~ I Not Applicable 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 tlt~ough 21 for evaluation criteria ~ Yes [] No~t~'lNot 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 IH - Policies; Pages 22 through 32 for evaluation criteria. Yes No Not Applicabl~ Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section IH - 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 Soathold from solid waste and hazardous substances and ~vastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. Yes [-~ No ~,~Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. Sec LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. No~ [] Yes~ Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III- Policies; Pages 47 through 56 for evaluation criteria. ~ Yes ~ No~X~ Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island jSound, the Peeonie Estuary and To~v~ waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~ Yes ~ No[-~t--I Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. ~ Yes ~ No~ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - policies; Pages 65 through 68 for evaluation criteria. ['-] Yes [-~ No~ Not Applicable GOGGINS & PALUMBO ATTORNEYS AND COUNSELORS AT LAW P.O. Box 65 13235 Main Road Mattituck, New York 11952 Phone: (631) 298-4200 Fax: (631) 298-4214 WILLIAM C. GOGGINS, ESQ. ANTHONY H. PALUMBO, ESQ. May 7, 2012 Southold Town Attorney's Offi¢_~ 53095 Main Road Southold, New York 11971 MAY 2 3 2012 TRACY L. KARSCH, ESQ. DONALD A. MATES, ESQ. Of Counsel DONNA M. PALMER Paralegal Re: 1050 West Cove Road, LLC Dear Sir/Madam: In connection with the above referenced matter, enclosed please find the certified copy of the filed covenants. If you have any question, please do not hesitate to contact the undersigned. ~L'LiAi~ C.~GOpG1NS WCG/dmp CC: Eugene Burger TOWN ATTORNEY'8 OFfiCE TOWN OF 90UTHOLD HP LaserJet P2015 Series PCL 5e RECORDING0017~ RECEIPT Suffolk County Clerk JUDITH A. PASCALE County Clerk Receipt NumBer : Payor Name : 12-0050511 WILLIAM C GOGGINS, DESCRIPTION TRANS AMOUNT Type of Instrument: DECLARATION Page/Filing $20.00 Handling $20.00 COE $5.00 NYS SRCHG $15.00 TP-S84 $0.00 Notation $0.00 Cert. Copies $5.00 RPT $60.00 Fees Paid $125.00 LIBER D00012692 PAGE 416 DATE: 05/03/2012 TIME: 01:49:02 PM RECEIPT TOTAL $125.00 CHECK AMT PAID $125.00 TOTAL AMOUNT PAID $125.00 CHECK REFUND $0.00 COMMENTS PC u : , ~4A¥ 23 2012 /ih' COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK CC #: C12-17973 I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certi~ that I have compared the annexed with the original DECLARATION recorded in myoffice on0510312012 under Liber D00012692 and Page 416 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 05/03/2012 SUFFOLK COUNTY CLERK JUDITH A. PASCALE SEAL Nflmber of pages '~ TORRENS Serial # Certificate # Prior Cfi. # Deed. Mortgage Instrument 31 Page / Filing Fee Handling Deed / Mortgage Tax Stamp I FEES TP-584 Notation EA-5217 (County) EA-5217 (State) R.P.T.S.A. Comm. of Ed. 5..00 Affidavit Certified Copy ], Reg. Copy Other i c~) . 11000 ..4 [District Real Property Tax Service Agency Verification Sub Total Sub Total Grand Total 1000 11100 0500 OOlO00 Satisfacfion/Disch~ges/Release ListProper~ Owners Mailing Address RECORD & RETURN TO: William C. Goggins, PC Goggins and Palumbo 13235 Main Road P.O. Box 65 Mattituck, New York 11952 RECORDED 2012 May 03 01:49:02 PM JUDITH A. PASC~LE CLERK OF SUFFOLK COUNT? L D000i2692 P 4!6 Recording / Filing Stamps Consideration Amount CPF Tax Due M~)rtgage Amt' I. Basic Tax 2. Additional Tax Sub Total Spec. / Assit. or Spec. / Add. TOT. MTG. TAX Dual Town. Dual County Held for Appoinu,nent Transfer Tax Mansion Tax The property covered by this motgage 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 $ Improved Vacant Land TD TD TD 7 [ Title Company Information u,.g oc naorsement Page '. This page forms part of the attachedDeclaration of Covenants made by: (SPECIFY TYPE OF INSTRUMENT) ---_1050 West Cove Road, LLC The premisis herein is situated in SUFFOLK COUNTy, NEW YORK. In the Township of .... Southold TO In the VILLAGE or HANiLET of Cutchogue BOXEs 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE . ' 25 2©i2 .. i T~pe of Instrument: DECLARATION N!~m~er of Pages: 4 Receipt N!!~ber : 12-0050511 District: 1000 Recorded: At: 05/03/2012 01:49:02 PM Page/Filing COE TP-584 Cert. Copies LIBER: D00012692 PAGE: 416 Section: Block: Lot: 111.00 05.00 001.000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt $20.00 NO Handling $20.00 NO $5.00 NO NYS SRCHG $15.00 NO $0.00 NO Notation $0.00 NO $5.00 NO RPT $60.00 NO Fees Paid $125.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County '//, DECLARATION OF COVENANTS L '~ · ,~;-~' ~ ~-'7 -'--'~-~ THIS DECLARATION made this .~O day of April, 2012, by 1~)~ West Cove Road, LLC. doing business at 2215 Pine Tree Road, Cutchogue, New York 11935, hereinafter referred to as "DECLARANT": WlTNESSETIt: WHEREAS, DECLARANT is the owner of certain real property located at 1050 West Cove Road, Cutchogue, Town of Southold, County of Suffolk, State of New York, described in the Suffolk County Tax Map as District 1000, Section 111, Block 5, Lot 001.000 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 the existing non turf area between the bulkhead to the top of the bluff is to remain as non turf, and as depicted on the survey prepared by Nathan Taft Corwin, III last dated September 29, 2011; NOW, THEREFORE, the DECLARANT doe,,; hereby covenant and agree as follows: 1) The existing non turf buffer must remain and be subsequently maintained between the bulkhead and the top of the bluff as depicted on the survey prepared by Nathan Taft Corwin, III last updated dated September 29, 2011 and stamped approved on April 4, 2012 by the Board of Trustees. 2) These covenants shall run with the land and shall be binding on the DECLARANT, their heirs, assigns, purchasers, or successors in interest and may only be modified after a public heating and upon resolution of the Trustees. IN WITNESS WltEREOF, the owner has duly executed this instrument this ~b ~ay. of April, 2012. 1050 West Cove Road, LLC. BY: '~' ~ ~ (~-x Euger~e Burger, Member STATE OF NEW YORK) ) SS.: COUNTY OF SUFFOLK) On th~3 day of April, in the year 2012, before me the undersigned, a Notary Public in and for said State, personally appeared, Eugene Burger personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual or the persons on behalf of which the individual acted, executed the instrument. NOTARY PUBLIC ELAINE T, VILLANO Notary Public, State of New York No, 01VI6029229 Suffo k CountvL..~ Commlss on Expires Aug, 9, ~. SCHEDULE A PROPERTY DESCRIPTION The land referred tO in this Commitment is described as follows: AMENDED 10/14/11 ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, SITUATE, LYING AND BEING at Nassau Point, Town of Southold, County of Suffolk, State of New York, being the westerly part of the northerly 200 feet of the "Clara Bamlay" plot as shown on the map of Nassau Point No. 156, being more particularly bounded and described as folJows: BEGINNING at a point on high water mark of Cutchogue Harbor and the southerly side of a certain 10 foot strip of land adjacent to Lot 281 as shown on "Amended Map of Nassau Point, owned by Nassau Point Club Properties, Inc." filed in the Suffolk County Clerk's Office at Riverhead, New York; RUNNING thence along the southerly side of said 10 foot strip, north 79 degrees 58 minutes 20 seconds east 218.79 feet to the southerly revised line of Northwest Loop; THENCE along said southerly revised line of Northwest Loop, on a curve to the left whose chord runs south 84 degrees 29 minutes east 46.61 feet; THENCE along said revised southerly line of Northwest Loop, on a line parallel to the odginal line as shown on said map north 79 degrees 58 minutes 20 seconds east 125.80 fee.t.to a concrete monument; THENCE along said revised southerly lien of Northwest Loop, on a curve to the left[whose chord runs south 71 degrees 50 minutes east 79 feet to a concrete monument on the westerly side of pdvata read, 15 feet in width; THENCE along the westerly side of said private road, south 43 degrees 44 minutes west 247.34 feet to a concrete monument; THENCE south 79 degrees 58 minutes 20 seconds west 223 feet to said high water mark of Cutchogue Harbor; THENCE along said high water mark of Cutchogue Harbor the following two courses and distance; 1. North 17 degrees 44 minutes 14 seconds west 109.56 feet; 2. North 23 degrees 55 minutes 53 seconds west 90.10 feet to the point or place of BEGINNING. TOGETH ER with a right of way to all points 15 feet in width over the said private road from Northwest Loop southerly to the southeasterly corner of the premises herein described and as described in right of way and repair agreement in Liber 9978 Page 385. FOR INFORMATION ONLY: SAID PREMISES BEING KNOWN AS AND BY: District: 1000 Section:l 11.00 Block: 05.00 Lot: 001.000 1050 West Cove Road Cutchogue, NY COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK CC #: Ct2-17973 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 on0510312012 under Liber D00012692 and Page 416 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 05103120t2 SUFFOLK COUNTY CLERK JUDITH A. PASCALE SEAL SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE T~pe of Instrument: DECLARATION N~m~er of Pages: 4 Receipt Number : 12-0050511 District: 1000 Recorded: At: 05/03/2012 01:49:02 t:~ Page/Filing COE TP-584 Cert. Copies LIBER: D00012692 PAGE: 416 Section: Block: Lot: 111.00 05.00 001.000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt $20.00 NO Handling $20.00 NO $5.00 NO NYS SRCHG $15.00 NO $0.00 NO Notation $0.00 NO $5.00 NO RPT $60.00 NO Fees Paid $125.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County DECLARATION OF COVENANTS THIS DECLARATION made this 3/) day of April, 2012, by 1050 West Cove Road, LLC. doing business at 2215 Pine Tree Road, Cutchogue, New York 11935, hereinafter referred to as "DECLARANT": WlTNESSETH: WHEREAS, DECLARANT is the owner of certain real property located at 1050 West Cove Road, Cutchogue, Town of Southold, County of Suffolk, State o£New York, described in the Suffolk County Tax Map as District 1000, Section 111, Block 5, Lot 001.000 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 marie 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 the existing non turf area between the bulkhead to the top of the bluffis to remain as non turf, and as depicted on the survey prepared by Nathan Taft Corwin, III last dated September 29, 2011; NOW, THEREFORE, the DECLARANT does hereby covenant and agree as follows: 1) The existing non turf buffer must remain and be subsequently maintained between the bulkhead and the top of the bluffas depicted on the survey prepared by Nathan Taft Corwin, III last updated dated September 29, 2011 and stamped approved on April 4, 2012 by the Board of Trustees. 2) These covenants shall run with the land and shall be binding on the DECLARANT, their heirs, assigns, purchasers, or successors in interest and may only be modified after a public hearing and upon resolution of the Trustees. IN WITNESS ~rI-IEREOF, the owner has duly executed this ~nstnnuent this O "-day of April, 2012. 1050 West Cove Road, LLC. BY: '~ _~.~._,._.. (~v-~ Euge~l'e Burger, Member STATE OF NEW YORK) ) SS.: COUNTY OF SUFFOLK) On th._-.~ day of April, in the year 2012, before me the undersigned, a Notary Public in and for said State, personally appeared, Eugene Burger personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual or the persons on behalf of which the individual acted, executed the instrument. NOTARY PUBLIC ELAINE T. VILLANO Notary Public, State of New York No, 01VI6029229 Suffo k Countvl Comm ssion Expires Aug, 9, ~. SCHEDULE A PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: AMENDED 10/14/11 ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, SITUATE, LYING AND BEING at Nassau Point, Town of Southotd, County of Suffolk, State of New York, being the westerly part of the northerly 200 feet of the "Clare Bamlay" plot as shown on the map of Nassau Point No. 156, being more particularly bounded and described as follows: BEGINNING at a point on high water mark of Cutchogue Harbor and the southerly side of a certain 10 foot strip of land adjacent to Lot 281 as shown on "Amended Map of Nassau Point, owned by Nassau Point Club Properties, Inc." filed in the Suffolk County Clerk's Office at Riverhead, New York; RUNNING thence along the southerly side of said 10 foot strip, north 79 degrees 58 minutes 20 seconds east 218.79 feet to the southerly revised line of Northwest Loop; THENCE along said southerly revised line of Northwest Loop, on a curve to the left whose chord runs south 84 degrees 29 minutes east 46.61 feet; THENCE along said revised southerly line of Northwest Loop, on a line parallel to the original line as shown on said map north 79 degrees 58 minutes 20 seconds east 125.80 fee,t.to a concrete monument; THENCE along said revised southerly lien of Northwest Loop, on a curve to the left whose chord runs south 71 degrees 50 minutes east 79 feet to a concrete monument on the westerly side of private mad, 15 feet in width; THENCE along the westerly side of said private read, south 43 degrees 44 minutes west 247.34 feet to a concrete monument; THENCE south 79 degrees 58 minutes 20 seconds west 223 feet to said high water mark of Cutchogue Harbor; THENCE along said high water mark of Cutchogue Harbor the following two courses and distance; 1. North 17 degrees 44 minutes 14 seconds west 109.58 feet; 2. North 23 degrees 55 minutes 53 seconds west 90.10 feet to the point or place of BEGINNING. TOGETHER with a right of way to all points 15 feet in width over the said private road from Northwest Loop southerly to the southeasterly corner of the premises herein described and as described in right of way and repair agreement in Liber 9978 Page 385. FOR INFORMATION ONLY: SAID PREMISES BEING KNOWN AS AND BY: District: 1000 Section:Il 1.00 Block: 05.00 Lot: 001.000 1050 West Cove Road Cutchogue, NY HP LaserJet P2015 Series PCL 5e RECORDING0017~ RECEIPT Suffolk County Clerk JUDITH A. PASCALE County Clerk Receipt N~mBer : Payor Name : 12-0050511 WILLIAM C GOGGINS, DESCRIPTION TRANS AMOUNT T~pe of Instrument: DECLARATION Page/Filing $20.00 Handling $20.00 COE $5.00 NYS SRCHG $15.00 TP-584 $0.00 Notation $0.00 Cert. Copies $5.00 RPT $60.00 Fees Paid $125.00 LIBER D00012692 PAGE 416 DATE: 05/03/2012 TIME: 01:49:02 PM RECEIPT TOTAL $125.00 CHECK AMT PAID $125.00 TOTAL AMOUNT PAID $125.00 CHECK REFUND $0.00 CO~ENTS PC HP LaserJet P2015 Series PCL 5e RECORDING0017~ RECEIPT Suffolk County Clerk JUDITH A. PASCALE County Clerk Receipt Number : 12-0050511 Payor Name : WILLIAM C GOGGINS, DESCRIPTION TRANS AMOUNT Type of Instrument: DECLARATION Page/Filing $20.00 Handling $20.00 COE $5.00 NYS SRCHG $15.00 TP-584 $0.00 Notation $0.00 Cert. Copies $5.00 RPT $60.00 Fees Paid $125.00 LIBER D00012692 PAGE 4i6 DATE: 05/03/2012 TIME: 01:49:02 PM RECEIPT TOTAL $125.00 CHECK AMT PAID $125.00 TOTAL AMOUNT PAID $125.00 CHECK REFUND $0.00 COMMENTS PC COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK MAY - 8 2012 I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certity that I have compared'the annexed with the original DECLARATION recorded in my office on05103120'12 under Liber D000'12692 and Page 416 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 05103120'12 SUFFOLK COUNTY CLERK JUDITH A. PASCALE SEAE 31 Page / Filing Fee ~TR, D TP-584 Notation EA-5217 (County) EA-5217 (State) R.P.T.S.A. Comm. of Ed. Affidavit Certified Copy ,~ Reg. Copy Other {~" Real ~ Property Tax Service Agency Verification FEES Sub Total 5. O0 Sub Total Grand Total 1000 11100 0500 001000 BAY - 8 2012 Safisfaction/D~charges/Rele~e ListProp~ Owners M~lingAddress RECORD&RETURNTO: William C. Goggins, PC Goggins and Palumbo 13235 Main Road P.O. Box 65 Mattituck, New York 11952 Co. Name 5 Community Preservation Fund Consideration Amount $. CPF Tax Due $. Improved M~rtgage 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 motgage 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 ins~ument. Vacant Land TD TD Title Company Information Title # Suffolk County Recording & Endorsement Page This page forms part of the attached Declaration of Covenants made by: (SPECIFY TYPE OF INSTRUMENT) _ 1050 West Cove Road, LLC The premisis herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the Township of 8outhold In the VILLAGE or HAMLET of Cutchogue .BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FLING. (over) SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Number of Pages: 4 Receipt Number : 12-0050511 District: 1000 Recorded: 05/03/2012 At: 01:49:02 PM LIBER: D00012692 PAGE: 416 Section: Block: Lot: 111.00 05.00 001.000 EXAMINED AND CHARGED AS FOLLOWS Page/Filing COE TP-584 Cert. Copies Received the Following Fees For Above Instrument Exempt Exempt $20.00 NO Handling $20.00 NO $5.00 NO NYS SRCHG $15.00 NO $0.00 NO Notation $0.00 NO $5.00 NO RPT $60.00 NO Fees Paid $125.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County DECLARATION OF COVENANTS TH/S DECLARATION made this ~D day of April, 2012, by 1050 West Cove Road, LLC. doing business at 2215 Pine Tree Road, Cutchogue, New York 11935, hereinafter referred to as "DECLARANT": WlTNESSETH: WHEREAS, DECLARANT is the owner of certain real property located at 1050 West Cove Road, Cutohogue, Town of Southold, County of Suffolk, State of New York, described in the Suffolk County Tax Map as District 1000, Section 111, Block 5, Lot 001.000 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 ora Wetlands Permit to undertake such regulated activities, the Trustees required that the existing non turf area between the bulkhead to the top of the bluffis to remain as non turf, and as depicted on the survey prepared by Nathan Taft Corwin, III last dated September 29, 2011; NOW, THEREFORE, the DECLARANT does hereby covenant and agree as follows: 1) The existing non turf buffer must remain and be subsequently maintained between the bulkhead and the top of the bluff as depicted on the survey prepared by Nathan Taft Corwin, IH last updated dated September 29, 2011 and stamped approved on April 4, 2012 by the Board of Trustees. 2) These covenants shall mn with the land and shall be binding on the .DECLARANT, their heirs, assigns, purchasers, or successors in interest and may only be modified after a public hearing and upon r ' esolution of the Trustees. IN WITNESS WlqEREOF, the owner has duly executed this instrument this ~b _'~day of April, 2012. 1050 West Cove Road, LLC. gugefle Burger, Member STATE OF NEW YORK) SS.: COUNTY OF SUFFOLK) On the<ill) day of April, in the year 2012, before me the undersigned, ~-No~ary Public in and for said State, personally appeared, Eugene Burger personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual or the persons on behalf of which the individual acted, executed the instrument. ELAINE T. VILLANO Notary Public State of New York No. 01VI6029229, Suffolk Cou L~ Co, remission EXpires Aug. 9, ~_/ NOTARY PUBLIC 2 This page forms part of the attached ~- MARTIN D. FINNEGAN TOWN ATTORNEY martin.finnegan@town.southold.ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jennifer.andaloro@t own.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse@t own.southold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 Goggins and Palumbo Attorneys and Counselors at Law P.O. Box 65 Mattituck, NY 11952 RE: 1050 West Cove Road, LLC, Wetlands Permit No. 7757 April 24, 2012 Dear Mr. Goggins, I have reviewed the Declaration of Covenants draft you submitted to this office with respect to the above referenced application. The existing non turf buffer must remain and be subsequently maintained between the bulkhead and the top of bluff as depicted on the survey last dated September 29, 2012 and stamped approved on April 4, 2012 by the Board of Trustees. The covenants and restrictions document must be executed and filed with the County pursuant to §275-10CK) of the Southold Town Code. Please notethat a copy of this document or, in the alternative, a sworn statement attesting to the filing is to be presented to the Office of the Board of Trustees within 90 days of issuance of the permit. Regards, Assistant Town Attorney Cc: Board of Trustees ~ 04/17/2012 13:10 8312S0a214 GDGGIHS PALUMBD PAGE 01/03 GOGGINS AND PALUMBO Attorneys and Counselors at Law 13105 Main Road, P.O. Box 65 Mattituek, New York 11952 TELEPHON'E 631-298~4200 FAX 631-298,-4214 FACSIMILE TRANSMISSION COVER SlqEET DATE: FROM: William C. GogginsZ Anthony H. Palumbo Donna M. Palmer Elaine T. Villano TO: FIRM: RE: Total number of pages in this t~nsmission including cover sheet ~ IF YOU DO NOT RECEIVE ALL OF TBE PAGES PLEASE CALL OUR OFFICE PROMPTLY AT (631) 298-4200 COMMENTS: VOC mS NCrOSED: CQNIr[DENTIALITY NOTE: The documents accompanying this facsimile transmLqsioD contain confidential and/or legally privileged information. Thc information is intended only for tlae us~ of the individual or entity named on this transmission sheeL 04/17/2012 13:10 8312984214 GOGGINS PALUMBD PAGE 82/83 DECLARATION OF COVENANTS THIS DECLARATION made this ]b ff~day of April, 2012, by 1050 West Cove Road, LLC. doing business at 2215 Pine Tree Road, Cutehogue, New York 11935, bereina~er referred to as "DECLARANT": WITNESSETH: WHEREAS, DECLARANT is the owner of certain real property located at 4600 Wunneweta Road, Cutchogue, Town of Southold, County of SuffoLk, State of New York, described in the Suffolk County Tax Mal) as District 1000, Section ! ! l, Block 5, Lot 001.000 which is more particularly bounded and described as set forth in Schedule "A" annexed hereto, hereinat%er 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 o£the granting of a Wetlands Permit to undertake such regulated activities, the Trustees required that the existing non turf area between the bulkhead to the top of the bluff is to remain as non turf, and as depicted on the survey prepared by Nathan Taf~ Covuin, III last dated September 29, 2011; NOW, THEREFORE, the DECLARANT does h~a'eby covenant and 84/17/2812 13:18 6312984214 GOGGINS PALUMBO PAGE 83/83 agree as follows: 1) The existing non turf area between the bulkhead to the top of the bluff is to remain ns non turf, and the area depicted on the survey prepared by Nathan Taft Corwin, IH dated September 29, 2011. 2) These covenants shall nm with the land and shall be binding on the DECLARANT, their heirs, assigns, purchasers, or s~ in interest and may only be modified after a public hearin.~ and upon resolution of the Trustees. IN WITNESS WHEREOF, the owner has duly executed this · instrument this /m-day of April, 2012. 1050 West Cove Road, LLC. Eugene Burger; Member STATE OF NEW YORK) ) SS.: COUNTY OF SUFFOLK) On the /t~ ~la~'~ of April, in the year 2012, before me the undersigned, a Notary Public in and for said State, personally appeared, Eugenz Burger personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the sn~e in his eafneity, and that by his signature on the insmunent, the individual or the persons on behalf of which the individual/act~,3ecute~ent' NOTARY PUB~C~' E 79'5' '20" 125.B( £ N 79'5B 223.00' ~T LO SURVEY OF PROPERTY SITUA TS NASSAU POINT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-111-05-01 SCALE 1"=20' SEPTEMBER 29, 2011 AREA = 67,247 sq. fh (TO TIE LINES & BULKHEAD) 1.544 ~c. CERTIFIED TO. 1050 WEST COVE ROAD LLC VISTA LAND SERVICES 303.60, NYS tlc No 50467 Nathan Taft Corw~n III Land Surveyor Joseph A Ingegno LS PHONE (631)727 2090 OFFICES LOCATED AT