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Home My WebLink About1000-106.-6-25 OFFICE LOCATION: Town Hail 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 Fax: 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: April 17, 2012 Re: Proposed Wetland Permit for NICK ANDREADIS SCTM#1000-106-6-25 Creative Environmental Design on behalf of NICK ANDREADIS requests a Wetland Permit to install a 1,570 sr. permeable patio with drains leading to existing drywells; install a set of stairs on either side of existing pool at fimt floor level down to grade level; place silt fence and haybales on south side of property during construction; remove all Poison Ivy and replant with native plants; remove selective trees to allow for further growth of healthy trees and plants; place permeable brick path on existing 72'X 3.5' wide dirt path; and add a 4'X 24' catwalk on the landward end of existing catwalk. Located: 700 North Dr., Mattituck. SCTM#106-6-25 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 action is INCONSISTENT with the below listed policies and therefore INCONSISTENT with the LWRP. In 2007, the Board established a non disturbance buffer along the 18' contour line (permit 6747). Therefore the action to "remove all Poison Ivy and replant with native plants; remove selective trees to allow for further growth of healthy trees and plants" and "place permeable brick path on existing 72'X 3.5' wide dirt path; and add a 4'X 24' catwalk on the landward end of existing catwalk". A covenant and restriction was filed during the original application in 2009 (Liber D0012537 Page 447) agreeing to the non-disturbance buffer. Note the contour lines are not labeled on the survey and therefore it cannot be determined if the patio encroaches into the non-disturbance buffer. '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 BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6747 DATE: OCTOBER ISSUED TO: NICK ANDREADIS PROPERTY ADDRESS: 700 NORTH DRI~TTITUCK SCTM# 106-6-25 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of thc Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on October 17 2007 and in consideration of application fee in the sum of $250.00 paid by ~ and subject to the Ten'ns and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to construct a two-story dwelling, sanitary system, swimming pool and concrete retaining walls along north and south sides of property, with the condition the installation of gutters and d~wells to contain roof and pool runoff and in accordance with Chapter 236 of the Town Code-Storm Water Runoff, a line of staked hay bales to be installed prior to construction approximately located at the 20' contour line, the area seaward of the 18' contour line remains non-disturbance, the driveway is constructed using pervious materials, the retaining walls are to be shortened and as Iow as possible, and, and as depicted on the site plan prepared by Burton, Behrendt, Smith Architecture & Engineering, last dated November 8, 2007, and received on November 13, 2007. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to ha affixed, and these presents to be subscribed by a majority of the said Board as of this date. SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Tl~oe of Instrument: DBCLARATION/DOP N"m~r of Pages: 4 Receipt ~,--~r : 08-0004646 District: 1000 Recorded: At: LIBER: PAGE: Section: Block: 106.00 06.00 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instr---nt Exempt Page/Filing $12.00 NO Handling COS $5.00 NO NYH SRCHG TP-584 $0.00 NO Notation Cart.Copies $5.00 NO RPT Fees Paid THIS PA~E IS A PART OF THE INSTRUMENT THIS IS NOT A BILL 01/16/2008 09:58:07 ~M D00012537 447 Judith A. Paso&la County Cle=k, Suffolk County Lot: 025.000 $5.00 $1 .oo $0.00 $30.00 $72.00 Exempt NO NO NO NO Number of pages This document will be public record. PJease remove all Social Security Numbers prior to recording. Deed / Mortgage Instrument Page / Filing Fee Handling 5. 00 TP-584 Notation EA-5217 (County) EA-5217 (State) R.P.T.S.A. ~ ~ Comm. of Ed. 5. 00 Affidavit Certified Copy NYS Surcharge 15. OO Other Deed / Mortgage Tax 5tamp FEES SubTotal SubTotal ! 4 I Dist. Reall ProDertY Tax Service Agency Verification 1000'10600 0600 02~000 Satisfactions/Discharges/Releases Ust Property Owners Mailing Address RECORD& RETURN T~ PATRICIA C. MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 Mail to: Judith A. Pascale, Suffolk County Clerk 717I 310 Center Drive, RIverhead, NY 11901 www~uffolkcountyny.gov/clerk ~J~cordlng / Filing StampS Mortgage Amt. I. Basic Tax 2. Additional Tax SubTotal SpecJAssit. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County Held for Appointment Transfer Tax Mansion Tax The property covered by this mongaga is or will be Improved by a one o~ two family dwelling only, YES__ or NO If NO, see appropriate tax clause on page # of this instrument. Community Preservation Fund Consideration Amount $ CPFTaxDuc Improved VacantLand__ 'rD TD TD Title Company Information Suffolk County Recording & Endorsement Page This page forms part of the attached by: NICOLAS PuNDREADI~ DECLARATION OF COVENANTS & RESTRICTIONS made (SPECIFY TYPE OF iNSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the TOWN of SOUTHOLD TOW~ OF ~OIJTHOI,D in the VILLAGE or HAMLET of MATTITUCK BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDJNG OR FiLiNG. IMPORTANT NOTICE If the document you've just recorded is your SATISFACTION OF MORTGAGE, please be aware of the following: If a portion of your monthly mortgage payment included your property taxes, *you will now need to contact your local Town T ax Receiver so that you may be billed dlr ectly for all futura property tax statements. Local property taxes are payable twice a yeah on or before January 10~ and on or before May Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Undenhurs~ N.Y. 11757 Riverhead, N.Y. 11901 (631 } 957-3004 (631 ) 727-3200 Brookhaven Town Receiver of Taxes One independence Hill Farmingville, N.Y. 11738 (631) 451-9009 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Island, N.Y. 11964 (631) 749-3338 East Hampton Town Receiver of Taxes 300 Pantigo Place East Hampton, N.Y. 11937 (631) 324-2770 Smithtown Town Receiver of Taxes 99West Main Street Smithtown, N.Y. 11787 (631) 360-7610 Huntington Town Receiver of Taxes 100 Main Street Huntington, N.Y. 11743 (631) 351-3217 Southampton Town Receiver of Taxes 116 Hampton Road Southampton, N.Y. 11968 (631) 283-6S 14 blip Town Receiver of Taxes 40 Nassau Avenue Islip, N.Y. 11751 (631) 224-5580 Southold Town Receiver of Taxes 53095 Main Street Southold, N.Y. 11971 (631 ) 765-1803 dw Sincerely, Judith A. Pascale Suffolk County Clerk DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this/~'-~day of January, 2008, by NICOLAS ANDREADIS now residing at 2 Sycamore Ave., Glen Head, New York, as owner, hereinafter referred to as the "Declarant". WITNESSETH: WHEREAS, the Declarant has title to certain land situate, lying and being at 700 North Drive, Mattituck, Town of Southold, Suffolk County, New York, SCTM #1000-106;6- 25 said land being more particularly described in Schedule A which is attached hereto; and WHEREAS, the Property is situated in or adjacent to lands activities upon which are regulated by the Town of Southold Board of Trustees pursuant to Chapter 275 of the Town Code of the Town of Southold, as may be amended, and various activities conducted upon the property am subject to the jurisdiction, regulation and approval or disapproval of the Trustees prior to being conducted; WHEREAS, the Declarant has applied to the Town of Southold Board of Trustees for a Wetland Permit for approval to construct a two-story dwelling, sanitary system, swimming pool and concrete retaining walls along north and south sides of property, on the property as described in Schedule A and known as SCTM #1000-106-6-25, and as depicted on the plans prepared by Burton Behrendt Smith last dated 11-8-07; and WHEREAS, the Town of Southold Board of Trustees, as conditions for the issuance of such Wetland Permit, required certain covenants and restrictions be placed on the property as shown on the aforesaid plans. NOW, THEREFORE, this Declarant witnesseth: That Declarant, for the purpose of carrying out the intentions expressed above does hereby make known, admit, publish, covenant and agree that the said property herein described shall hereafter be subject to the following covenants which shall run with the land and shall be binding on all purchasers and holders of said premises, their heirs, successors, and assigns, to wit: 1. The grant of a Wetland Permit for the construction of a two-story dwelling, sanitary system and swimming pool and concrete walls shall be conditioned upon the installation of gutters and drywells to contain roof and pool run-off on the property as depicted on the site plan prepared by Burton Behrendt Smith last dated 11-8-07, within perpetuity. 2. The grant of a Wetland Permit for the construction of a two-story dwelling, sanitary system and swimming pool and concrete walls shall be conditioned upon the installation of a continuous line of hay bales, maintained throughout the period of construction on the property located at the 20 foot contour line, the area seaward of the 18 foot contour line remains non-disturbance, the SCHEDULE A SCTM: 1000-106-6-25 ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, known as Lot "O" on a certain map entitled, "Map of Shore Acres, situate at Mattituck, Town of Southold, Suffolk County, New York, surveyed December 1913, by Roswell S. Baylis, CE, Huntington, LI:" which map was filed in the Office of the Clerk of the County of Suffolk, New York, on January 3, 1914 as Map Number 41. Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its 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 acNevement of the LWRP policy standards and conditions contained in the consistency review law. Thus~ each answer must be explained in detail~ listinh~ both SUl~Oortimt and non- suoportin~ 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. OESCmPTION OF SITE AND PROPOSED ACTION SCTM# /06 ~)(o ~ PROJECT NAME ~'~',C~ (~r~:O~: ~ The Application has been submitted to (check appropriate response): TownBoar0 Planning ,,oar0 V] B.ildin Dcp,. "oardo,Trustees I. 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) IXPB - 2 20 2 (c) Permit, approval, license, certification: Nature and extent c*f action; Install 1570 sq.ff, permeable patio with drains leading to existing dry'wells. A set ~ of stairs on either side of existing pool at first floor level clowrt to grade level. Place silt fence and haybales on south side of property during construction. Remove all Poison Ivy as entire family is highly allergic to Poison Ivy. Replant with native plants, Remove selective trees as mark to allow for further growth of healthy trees/plants. Place permeable brick path on existing 72 ' X 3 ~' wide dirt path. Add a 4' X 24' catwalk on landward end of existing catwalk As per attached drawing. Location of action: Site acreage: q t, 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: (a) Name of applicant: Co) Mail g addr : (d) Appli~tion n~be~, i£~ny:. 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 I. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ~/'/Yes [] No [] Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section II1 - Polices Pages 3 through 6 for evaluation criteria [ ] Yes L_] No I"'l Not Apphcable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section IH - Policies Pages 6 through 7 for evaluation criteria ~-~ Yes [] No [] 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 through 21 for evaluation criteria ~-~ Yes [] No ~Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes No Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. F~ 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 Atlach additional sheets if necessary WORKING COAST POLICIES ' Poli~y 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. ~Yes [] No [] Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconie Estuary and Town waters. See LWRP Section Ill - Policies; Pages 57 through 62 for evaluation criteria. No Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes ~ No~'~Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ~ Yes [] No [~Not Applicable PREPARED DATE S~OLK COUNTY TAX MAP #1000-106-06-25 MATTITUCK Ct F K EDC.;E OF Bo¢ rO LLI WETLANDS A~ F'LA~ BY ~N-CON~ULTANT~ 12-8-0.5 P~oPosED COIvPASS II ESIOENCE