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TR-7985
*Of SOUL Michael J.Domino, President h�� y�lO Town Hall Annex John M.Bredemeyer III,Vice-President 54375 Route 25 P.O.Box 1179 Charles J. Sanders cn Southold,New York 11971 Glenn Goldsmith � O �� Telephone(631) 765-1892 A.Nicholas upski Ol KrFax(631) 765-6641 BOARD OF TOWN TRUSTEES March 22, 2017 TOWN OF SOUTHOLD - Mr. Joseph Battaglia 28 Wilton Road Cold Spring Harbor, NY 11724 RE: 2000 HOBART ROAD, SOUTHOLD SCTM#: 1000-64-3-3.2 Dear Mr. Battaglia: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, March 22, 2017: RESOLVED that the Southold Town Board of Trustees APPROVE the Administrative Amendment to Wetland Permit#7985 for the existing water and electric that was installed to the seaward end of the dock, and as depicted on the project plan prepared by Joseph Battaglia, received on February 24, 2017, and stamped approved on March 22, 2017. Any other activity within 100' of the wetland boundary requires a permit from this office. This is not an approval from any other agency. If you have any questions, please do not hesitate to contact this office. Sincerely, o Michael J. Domino, President, Board of Trustees MJD/dd Michael J.Domino,President Town Hall Annex O`� �l0 John M.Bredemeyer III,Vice-President 54375 Route 25 P.O.Box 1179 Charles J.Sanders Southold,New York 11971 Glenn Goldsmith Q Telephone(631) 765-1892 A.Nicholas Krupski IN Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 1321C Date: March 24, 2017 THIS CERTIFIES that the construction of a 4'x68' fixed dock elevated a minimum of 4' above grade,• install a 3'x15' seasonal ramp; and a 6'x20' seasonal floating dock,with the conditions stairs are to be constructed up and over dock for public access and open-grate decking to be used from landward start of the dock to the low_ tide water mark with existing water and electric at the seaward end of the dock, At 2000 Hobart Road, Southold Suffolk County Tax Map#1000-64-3-3.2 Conforms to the application for a Trustees Permit heretofore filed in this - office Dated January 19, 2012 pursuant to which Trustees Wetland Permit#7985 Dated April 18,2012,was issued and Amended on March 22,2017 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 4'x68' fixed dock elevated a minimum of 4' above grade• install a 3'x15' seasonal ramp; and a 6'x20' seasonal floating dock,with the conditions stairs are to be constructed W and over dock for public access and open-gate decking to be used from landward start of the dock to the low tide water mark,with existing water and electric at the seaward end of the dock. The certificate is issued to JOSEPH&HEIDI BATTAGLIA owners of the aforesaid property. Authorized Signature a O - Plea View � Prepared for: Joe Battaglia .� V NN Proposed: Dock, Ramp & Float & v��� Purpose: Private Mooring X000 0 q w Surveyed: 12-29-09 — - 5CT# 1000-64-3-3 Situate: Southold Town: Southold C Suffolk County, NY Datum: Low Water APPROVED 3Y q < T�a , 1° = 50' a o BOARD OF 1 RUSA#5 ' \ --�` Q°n�' Co.� �' F g4�3,3 GUA T E-p TOWN OF SOU�HOLDb ' �o DATE N1AgW 2zz&t7 10 `ao, •�, y �` m o .9 ,� ,: .. •• . SGL-, ,p �hq v 10 Ory i 99A p0ty Q `°- ' - - - - o Q� L °c+ ti� 9 . M A S H .+. S< FEB 2 4 2017 m° \ ����1 Southold Town r " 6 B rd of Trus'P •ci-. _ - 4o UI Section � Proposed Dock 4' x 68' Seasonal (min. 4' abv. grd.) Ramp 3' x 15' & Float 6' x 20' HVq -- - LW ---- — -- --- -- -- -- ROBERT H.FOX Wetland exist._ - F NYS PLS#50197 6" dia bttm. (2) 8" di �u Foxes piles anchor l ._ ,'i Box#366 Aquebogue 12/OGS' O. C. piles - ` NY 11931 I Michael J. Domino,P NF n` ��SVFFtIj�COG r � Town Hall Annex John M. Bredemeyer III,Vice-President �� 'yj, 54375 Route 25 Charles J. Sanders C P.O.Box 1179 Glenn Goldsmith 0 Southold,NY 11971 A.Nicholas Krupski y,�ol � l Telephone(631)765-1892 Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Date/Time:]LA� 1� ? �� Completed in field by: ��r JOSEPH BATTAGLIA requests an Administrative Amendment to Wetland Permit#7985 for the existing water and electric that was installed to the seaward end of the dock. Located: 2000 Hobart Road, Southold. SCTM# 1000-64-3-3.2 CH. 275-3 - SETBACKS WETLAND BOUNDARY: Actual Footage or OK=q Setback Waiver Required 1. Residence: 100 feet 2. Driveway: 50 feet 3. Sanitary Leaching Pool (cesspool): 100 feet 4. Septic Tank: 75 feet 5. Swimming Pool and related structures: 50 feet 6. Landscaping or gardening: 50 feet 7., Placement of C&D material: 100 feet TOP OF BLUFF: 1. Residence: 100 feet 2. Driveway: 100 feet 3. Sanitary leaching pool (cesspool) 100 feet: 4. Swimming pool and related structures: 100 feet Public Notice of Hearing Card Posted: Y / N Ch. 275 Ch. 111 SEQRA,Type: 1 II Unlisted Action Type of Application: Pre-Submission Administrative Amendment Wetland Coastal Erosion Emergency Violation Non-Jurisdiction Survey <_ 5 years: Y/N Wetland Line by: C.E.H.A. Line Additional information/suggested modifications/conditions/need for outside review/consultant/application completeness/comments/standards: Present were: J. Bredemeyer M. Domino G. Goldsmith N. Krupski Sanders Other Page 1 of 2 Michael J. Domino,Pr, �f _ 1 �gUFFO(/-Co :r Town Hall Annex John M. Bredemeyer III,Vice-President �`�� Gym, 54375 Route 25 Charles J. Sanders y P.O.Box 1179 Glenn Goldsmith Southold,NY 11971 A.Nicholas Krupski Telephone(631)765-1892 Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Date/Time: Completed in Work Session by: JOSEPH BATTAGLIA requests an Administrative Amendment to Wetland Permit#7985 for the existing water and electric that was installed to the seaward end of the dock. Located: 2000 Hobart Road, Southold. SCTM# 1000-64-3-3.2 Ch. 275-12 - STANDARDS FOR ISSUANCE OF PERMIT MET=X or Comment=* A. Adversely affect the wetlands of the Town: B. Cause damage from erosion, turbidity or siltation: C. Cause saltwater intrusion in the fresh water recourses of the Town: D. Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife & vegetation or the natural habitat thereof: E. Increase the danger of flood and storm-tide damage: F. Adversely affect navigation tidal waters or the tidal flow of the tidal waters of the Town: G. Change the course,of any channel or the natural movement or flow of any waters: H. Weaken or undermine the lateral support of other lands in the vicinity: I. Otherwise adversely affect the health, safety and general welfare of the people of the Town: J. Adversely affect the aesthetic value of the wetland and adjacent areas: Ch. 111-9 - ISSUANCE OF PERMIT MET=X or Comment=* A. Is reasonable and necessary, considering reasonable alternatives to the proposed activity and the extent to which the proposed activity requires a shoreline location: B. Is not likely to cause a measurable increase in erosion at the proposed site and at other locations: C. Prevents, if possible, or minimizes adverse effects on natural protective features and their functions and protective values, existing erosion protection structures and natural resources: D. :525% Expansion/Calculation Work Session Notes Application Complete SEQRA Classification Confirmed Coordinated Review Y/N Pos/Neg Declaration CAC: LWRP: Additional information on comments/to be discussed/Public Hearing: Date: Completed By: Present: J. Bredemeyer M. Domino G. Goldsmith N. Krupski C. Sanders E. Cantrell D. Di Salvo Other Page 2 of 2 John M.Bredemeyer III,President *0¢ SO�jyo t, Town Hall Annex 54375 Route 25 Michael J.Domino,Vice-President P.O.Box 1179 Glenn Goldsmith Southold,New York 11971 A.Nicholas Krupski ® OQ Telephone(631) 765-1892 Charles J.Sanders O �4UNT`1, Fax(631) 765-6641 �y �� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DATE OF I SPECTION: l D 11 Ch. 275 Ch. 111 INSPECTION SCHEDULE Pre-construction, hay bale line/silt boom/silt curtain 1St day of construction %2 constructed Project complete, compliance'inspection. INSPECTED BY: C_'�g Vl u COMMENTS: C 6W 6\"iVl� ✓y V kL-k 1 M if 0 r4:�rwt V) C'GC)x 10 IJ CERTIFICATE OF COMPLIANCE: T- 02 C� ► t n7 IZO Cd f.D �����,�� kJa P- A-)--/ 11-761Lf Joseph Battaglia 2000 Hobart Road Southold, New York 11971 631-678-6546 February 17, 2017 To Whom It May Concern Southold Town Board of Trustees: I,Joseph Battaglia, am requesting an amendment to my dock permit number 7985 to add electric and water. Thank you for your cooperation in this matter. Sincerely, Joseph Battaglia FEB 17 2017 4` � S . ffi S(!�tllo:d Cry 11 James F King,President � 4 GpGl1 P O Box 1179 Bob Ghosio,Jr Vice-President Southold,NY 11971 Dave Bergen Telephone(631 765-1892 John Bredemeyer Fax(631)765-6641 Michael J Domino Southold Town Board of Trustees Field Inspection/Work Session Report Date/Time: JOSEPH & HEIDI BATTAGLIA requests a Compliance Inspection for Wetland Permit#7985, as issued on April 18, 2012. Located: 2000 Hobart Road, Southold. SCTM# 64-3-3.2 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: _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 D. Bergen, J. Bredemeyer Michael Domino D. Dzenkowski other Form filled out in the field by Mailed/Faxed to: Date: James F.King,President ppb COG Town Hall,53095 Main Rd. Bob Ghosio,Jr.,Vice-President o y� P.O.Box 1179 Dave Bergen W ze Southold,NY 11971 John Bredemeyer • Yr Telephone(631)765-1892 Michael J.Domino y�Oj fap! 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 / % constructed �/ Project complete, compliance inspection BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD,NEW YORK PERMIT NO. 7985 DATE: APRIL 18, 2012 ISSUED TO: JOSEPH & HEIDI BATTAGLIA PROPERTY ADDRESS: 2000 HOBART ROAD, SOUTHOLD SCTM# 64-3-3.2 AUTHORIZATION i 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 April 18,2012,and in consideration of application fee in the sum of$250.00 paid by Patricia Moore,Esq. and subject to the Tetras and Conditions as stated in the Resolution the Southold Town Board of Trustees authorizes andP ermits the following: Wetland Permit to construct a 4'x68' fixed dock elevated a minimum of 4' above grade; install a 3'x15' seasonal ramp; and a 6'x20' seasonal floating dock,with the conditions stairs are to be constructed up and over dock for public access and open- grate decking to be used from landward start of the dock to the low tide water mark, and as depicted on the site plan prepared by Robert H. Fox, last dated December 29, 2009, and stamped approved on April 18, 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. Iil h�o��gUFFO�,�cO A y D a 1 �, TERMS AND CONDITIONS The Pennittee Joseph & Heidi Battalia, residing, at 2000 Hobart Road, Southold, New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: r 1. 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 Pennittee 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. 2. 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. 3. That this Permit should be retained indefinitely, or as long as the said Pennittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. 4. 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. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. 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. 7. 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. 8. That the said Board will be notified by the Pennittee of the completion of the work authorized. 9. That the Pennittee 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. 0 0 James F. King, President pF SOulyo Town Hall Annex Bob Ghosio,Jr.,Vice-President ,�O l� 54375 Main Road Dave Bergen P.O. Box 1179 Southold, New York 11971-0959 John Bredemeyer tN ac Michael J. Domino 'G.�t �O Telephone (631) 765-1892 COU rm, Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD April 18, 2012 Ms. Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 RE: JOSEPH & HEIDI BATTAGLIA 2000 HOBART ROAD, SOUTHOLD SCTM# 64-3-3.2 Dear Ms. Moore: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, April 18, 2012 regarding the above matter: WHEREAS, Patricia C. Moore, Esq. on behalf of JOSEPH & HEIDI BATTAGLIA 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 January 19, 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, 6.3 & 9.3 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: to construct stairs up and over dock for public access; the use of open-grate decking from landward start of the dock to the low tide water mark; and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on April 18, 2012, at which time all interested persons were given an opportunity to be heard, and, i 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 JOSEPH & HEIDI BATTAGLIA to construct a 4'x68' fixed dock elevated a minimum of 4' above grade; install a 3'x15' seasonal ramp; and a 6'x20' seasonal floating dock, with the conditions stairs are to be constructed up and over dock for public access and open-grate decking to be used from landward start of the dock to the low tide water mark, and as depicted on the site plan prepared by Robert H. Fox, last dated December 29, 2009, and stamped approved on April 18, 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: $ 1,193.00 Very truly yours, James F. King President, Board of Trustees JFK/amn James F. King,President y Town Hall Annex Bob Ghosio,Jr.,Vice-President Q nxs 54375 Route 25,P.O.Box 1179 Dave Bergen Southold,NY 11971 John Bredemeyer Oj �`L� Telephone(631)765-1892 Michael J.Domino Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SIOLUTHOLD TO: `1DS2p�1 �" I-I�IQI �T-IQ�IfGL Please be advised that your application dated I qZ has been reviewed by this Board at the regular meeting of 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) Y2 Constructed ($50.00) 7 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: FlnaI Tnspec+'on - �Sa. DD Dbc-k Fees — fixed docL sq�4J3Fey, 50 '4'). (o4 ramp C45sq-14. 03per, St )= I3S �Ioa} C I20sq. { ) 3persq . a)= 3(oD TOTAL FEES DUE: $ �_ PS BY: James F. King, President Board of Trustees SEB-22-2012 16:35 From:TWOMEY-LRT6 6317272385 To:7651 P.1/6 ®Twomey, Latham, Shea, Kelley, Dubin, &Quartararo LLP A T T O A N E 19 A T L A 'N . .. 33 West Second Street,P.O. Box 9398 Riverhead,New York 11901 FES 2 3 2012 Tel: (631) 727-2180 Fax: (631) 727-1767 FAX COVER SHEET TO FAX NUMBER Jim King,Chairman 631-765-6641 FROM: Karen Hoeg, Esq. CLIENT CODE: TRANSMISSION DATE: February 22, 2012 SUBJECT: 2000 Hobart Road, Southold NUMBER OF PAGES FOLLOWING THIS COVER SHEET: S IF ANY OF THESE PAGES ARE NOT LEGIBLE, PLEASE CALL (631) 727--2180 AND NOTIFY: Peggy B. Hubbard (Extension 302) PLEASE SEE ATTACHED CORRESPONDENCE ❑ This is the only copy you will receive Cl Original to follow by regular mail =15 TDANNUBBIM rs ZXMW® Omx FON Tee use OF T= INDIVIDVAL ON mIrm m NNICH iT :N ADDEBNNN, ii, NAI 'ONTAIN CONFIDNNVIAL nlO&MATION M M62M TO TIN 32MVEA DDICD is P10"eno DI Tei AT'wny-Cuamr PRIVILEGE ON OTM Dwn mI. IF IOD A NOT T INnum M[CIPISNS, ION as nmr NOTIFLED TEAR AIR DINCIMURN, COPILIIG, DINTRINDTION OR Tee TWX" OF ANI ACTION IN nLIANCi ON THE CONT M OF ININ INPOAwwrcx ID SWIMI .nourairmi Lr M LVE NNCEIVND Tele TRA XZION IN eAmA INMDZAa y NOTIFI De eI TBf.ePRONE TO ARRANGE FON 328 RNTDM. FEB-22-2012 16:35 From:TWOMEY-LATHAM 6317272385 To:7656641 P.2/6 Twomey, Latham, MAILING ADDRSSSI Shea, Kelley, Dubin & Quartararo LLP to , Office Boz 9398 A T T 0 R N E Y S A T L A W RiwThcod,New York 11901.9399. MAIN Orne.r:: rxULw A.YwuMEr.IK. 31 ww.seunnd street WIL MeN A.IRtHAM Riocrht d,New York 11901-9398 JOHN V.SARA,III UHKIS'IUYHKK D.0.1.IYY Tnle,h°nC:6.31. 27.2180 wwo U RTM V2cximilc: 631,727,1767 "VATF GCAKTAMLLUT ._. ... .FCbruary 22,2012. .-.. ._ RrrrxM 9NF.A wwwauffniklmv rnm IANICF.L.RNFAD ANNF.MARIR ODODALE KKYAN C. VAN C(YTT4 khoc&&ulrolklRw,com KATHRYN 1)AIJ.I Direct Pipe:631.72 ,2395 LAURA I.DUNATHAN a [ IAkACS1G LISA ULAIIE KUMSIUNK Town Trustees VA'IRIcK E.Filo. p KELLY E.K NINUM� ., Town 9 $94thold LAUREN E.STILIIS ..-. ... .... . , . IxITac1A 1.RUM" 53095 Main Road nARMRA L.HAIR. P.O.Box 1179 TA ,J.RUX1"1 FEB 2 3 2012 )UNK , U TO: Southold New York 1 1971 IOHN n.077Y)1 � no U"noel. _. .. ..,. _KE\NrM1rj VALIA . . 'Attn:Jp im King,Chairman '- .. _.., .__. ., _.... ... .: ... .:.. _...._._..:. ... .... ..._. KAMNA.HO,L. O M.-NNW 'Mrlxrawrox Re: Joseph and Heidi Battaglia 4 MMM1S 2000 Hobart Road,Southold SCTM#: 1000-64-3-3.2 Dcar Chairman King and Members of the Board: This office represents Andrew Scmons,owner of a house at .1580 Hobart Road immediately to-thc-north of the abovc-rofcrcnccd property-on Hobart-Road"We - - are in receipt of a notice sent by the applicant's attorney, Patricia C.Moore, indicating that the Battaglias seek to construct a 4' x 68' fixed dock elevated a minimum of 4' above grade;install a 3' x 15' seasonal ramp;and a 6' x 20' seasonal floating dock. We hereby oppose the application if the existing illegal dock on the Battaglia's adjacent lot(SCTM# 1000-64-3-3,1)is allowed to remain. By way of background,the Dattaglias's recently received subdivision approval from the Planning Board for 2 lots on Hobart Avenue.Lot 3.2 is the lot with a newly constructed house on it and the lot which is the subject of this'application. The second lot(Lot 3.1)is vacant and contains an Megally.reconstructed dock: The: - - ------=- -illegally reconstructed dock is-in-close-proxirnityto-thacxisting-dock ofany-client. It- -- -- is located immediately across the common boundary line of my client's property. The existing dock as an accessory structure should not be permitted to remain wi thuut a primary structure on the property and is ihcrcforc illegal. Sec Town Code§§ 280- 13 C(3)and 280-17(c)and the definition of"Accessory Building or,Structure"at §28.04--.A.variance-sho-uld_be tequited i j(be.applicant)ntends to have two docks,one.,. . on a vacant lot (without a primary structure). Ihlum atu LML'NRKY51 2u M,ir SI , Furthermore, in regard to.the existing dock,we note that the Trustees on 631124=000 'NY I1siT November 17,2010 approved an amendment to Wetland Permit#64.3-3 to include a 51 Hill SIr«r. 6'x 9' floating dock on the vacant lot with the condition that the width of the fixed 611.210(X" Att 11968 dock be reduced to 4' by June 1,2011 in order to comply with Chapter 275 of the 4W)wh w.H,Md Town Code. 11c Battaglia'.s commenced an Article 78 proceeding to annul this suit/1650 Nan,qulxp,NY 1178N 631.265.1414 56340 Mata Rout K0.F.125 SuudwW,NY 11971 64i.761.23M FEB-22-2012 16:35 From:TWOMEY-LRT 6317272385 To:7650 P.3/6 February 22,2012 Page 2 requirement and their petition was dismissed by the Supreme Court on July 2g,2011. (A copy of the decision by Judge William B. Rebollini is attached and made a part hercot). Tbus,the existing dock on the vacant lot docs not comply with the Town Code and is illegal. Unless.the Trustees.require removal of the.illegal existing dock on the vacant lot as a condition of and prior to approving the instant application,we ask that the current application be denied. VP 'Y Enc. KAH/ph cc: Andrew Semons I FEB-22-2012 16:35 From:TWOt'EY-LRT 6317272385 To:7641 P.4/6 MEMORANDUM SUPREME COURT •STATE:OFNEW YORK 1.A S P,/1 jkT 7 SUFFOLK COUNTY FEB 2 3 2012 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OFSUrIVOLK Joseph Battaglia and Heidi Battaglia, Motion Sequence No.:001;MOT,D SETTJ Petitioners, Motion Date: 4/8/11 Submitted: 7/13/11 ,against- In ex No.: 07706/2011 Board of Trustees of the Town of Southold, comprised of Jill M. Doherty,James F. King, Attorney for Petitioners: Dave Berger, Bob Ghosio,Jr, and John Bredemeyer in their capacity as Town Trustees, William D. Moore,Esq. 51020 Main Road Respondents. Southold, NY 11971 Attorney for Respondents. Smith,Finkelstein,Lundberg, Isler& Yakaboski, LLP 456 Griffins Avenue Riverhead, NY 11901 This is a proceeding pursuant to CPLR Article 78 fora judgment annulling the condition set forth in the determination of the respondent Board of Trustees of the Town of Southold ("Board")dated November 17, 2010. Petitioner is owner of walerfront premises at Hobart Road, Southold, New York ("the property"), Based on all application by petitioner made in 2008 and a hearing held January 21, 2009 before the Board, petitioners were;ranted a grandfather permit (so denominated in the petition herein) for an existing dock on the premises (for which a permit had been granted in 1993 to the pit viuus owner of the property). The minutes of the hearing of January 21, 2009 reflect the respondent's denomination of the application as one for"(t)ransfer of Permit#644-3 for the existing dckk as issued (to previous owner Creighton) on January 28, 1993 . . .". The minutes of the January 21. '_009 meeting further reflect that the motion then before the Board was, in substance, to approve a condition that if the dock were "rebuilt"it would have to conform FEB-22-2012 16:35 From:TWOMEY-LATw 6317272385 To:7641 P.5/6 Rat fa V.Town of Southold Index No.:W706WI I Page 2 to the"current code". It is undisputed that the existing duck(in 2009) was 6 feet wide and the current code would limit the width to 4 feet. The written determinatieu date[13antmry 2k.2 issued to petitioners stated as follows: The following action was taken at the Southold Town Board of Trustees regular meeting held on Wednesday,January 21, 2009: RESOLVED,that the Southold Town Board of Trustees APPROVE the request for a Transfer of Permit#64-3-3 for the existing dock, as issued on January 28, 1993 with the condition*d whey the dock is repaired or rebuilt it shall conform to Chapter 275 of the Town Code- ' Wetlands and Shoreline. The January 21,2009 determination was not challenged. In 2010,petitioner made a separate application which resulted in the determination Under review in this proceeding. That application was to amend the wetland permit#64-3-3. A hearing was held on November 17,2010.and a determination dated November 17,2010 was issued, which stated, in relevant part,as follows: The following action was taken by the Southold Town Board.of Trustees at their Regular Meeting held on Wed., November 17, 2010 . . . WHEREAS,JOSEPH BATTAGLIA applied to the Southold Town Trustees for an Amendment to Wetland Permit 64-3-3 under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated October 25,2010, : . NOW THEREFORE BE.iT, RESOLVED, that the Southold Town.Board of Trustees APPROVE$the Amendment to Wetland Permit#64-3.3 to include the 6'x 19'floating dock with the Condition the width of the fixed dock is reduced to 4' by June 1,2011, in order to comply with Chapter 275 of the Town Code. . The instant'proceeding which requests that the condition of the November 17,2010 determination be annulled (see, petition whereforeclause and notice of petition) was commenced March 9, 2011, Respondent answered, raising as an obiection in point of law the statute of limitations, i.e., that this proceeding is barred thereby. The petitioners' failure to challenge the January 21, 2009 determination has foreclosed its present application. The 2009 determination expresslystated as a condition that the repair of the dock or the rebuilding of the dock would requite code compliance. It is clear that upon petitioner's 2010 application the Bourd applied the icehnical implementation of its unimpcaehed 2009 determination. At the point that ficutioner applied for amendment of its wetlands permit in FEB-22-2012 16:35 From:TWOMEY-LAT 6317272385 To:7641 .P.6/6 Bottaidia v_.Town orsoathold Index No.: 07706/2011 Page 3 2010, it was too latc to challenge the January 21, 2009 determination under the applicable four month statute of limitations. Although the Court recognizes that the January 21,2009 determination is at variance with the motion before the Board at the January Z1,2009 hcwiog, review of the resulting scope of the January. 21, 2009 determination(Iaaking a trier necessitating compliance either rcbuildinb or repairing)is barred, and sine the pefi ibacts' challenge to enforcement of such condition is the predicate of the instant petition,it must be and is hereby denied and the procecding is dismissed. Settle judgment ace, 22 NYCRR §202.48). So ordered, Dated:July 2011 TION.WILLIAM B,REBOLINI,J.S.C. X FINAL,DISPOSITION NON•FINAI,DISPOSITION O��gpFFO(,�c� • Peter Young,Chairman Town Hall, Main Rd. � P.O.Box 117979 Lauren Standish,SecretaryrR �y Southold,NY 11971 a' Telephone(631)765-1892 Fax(631)765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., February 15, 2012 the following recommendation was made: Moved by Derek Bossen, seconded by William McDermott, it was RESOLVED to SUPPORT the Wetland Permit application of JOSEPH & HEIDI BATTAGLIA to construct a 4'X 68' fixed dock elevated a minimum of 4' above grade; install a TX 15' seasonal ramp; and a 6'X 20' seasonal floating dock. Located: 2100 Hobart Rd., Southold. SCTM#64-3-3.2 Inspected by: William McDermott The CAC Supports the application with the Condition the application is within the bounds of all Town Codes. Vote of Council: Ayes: All Motion Carried 0 James F.King,President QV�gvf F0(SCD P.O. Box 1179 Bob Ghosio,Jr.,Vice-President �Q 6Z Southold.NY 11971 Dave Bergen w Telephone(631 765-1892 John Bredemeyer Fax(63 1)765-6641 Michael J. Domino Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: /-' 20/2, JOSEPH & HEIDI BATTAGLIA request a Wetland Permit to construct a 4'X 68' fixed dock elevated a minimum of 4' above grade; install a TX 15' seasonal ramp; and a 6'X 20' seasonal floating dock. Located: 2100 Hobart Rd., Southold. SCTM#64-3-3.2 Type of area to be impacted: �� x __L,8altwater Wetland _Freshwater Wetland _Sound _Bay 7"6 td/1 C ,e 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 _Coastal Erosion _Amendment —Administrative—Emergency _Pre-Submission Violation Info needed:Modifications: ,Tkla�r ero t/J-b,(Q 6 a a 4) &-&A 6'X Y 0 7 n e e t r X-o 6 o W e a-1;L-i . Conditions: 1v6� i `tn4 �ir,a.,f �� �'fYe¢yip�� 7o 90 ' /bCre4j- - a,ufj r /r ii,o/w/—.;, f p J/Y .r✓6�.�irk.� 17U�.k OF Ow1W �[a{�('!� Present Were: ✓J. King _B. Ghosio Bergen, vJ. Bredemeyer --Michael Domino ✓D. Dzenkowski other Form filled out in the field by Mailed/Faxed to: Date: � �� . i7 , . ,�_ - .. _ - - ,� I!_._. --- -- A J. _ _ �'. '�' �� R Joseph&Heidi Battaglia 2100 Hobart Road,Southold SCTMN 64-3-3.2 3/14/2012 ii,;. X fir_ J� � t. r� }.d,.c •s.- �.yr. t I e " . •,- =' .r, k ':.• s s# 'may,r _ .��I. �^�'�T,,��ee��,,��� �� 3�6++t a+ � .fin ,� lam' ���1 y s .�•',,,4 '� w R+�j f'r � • <� �tv e �� � � w�s w"a�- T '�F � �f � ����.� IT��_3� '�}.�y �f�. . yl� .j'-� JJi '� �� s � S .x'Y•.. .� ...-.,.. _ � s�r/'r`w �. 1'-.. -+' .:.i's eH .� . . �_ sr r �. '?f"!. �. -. ._.1 1..J-d.-r. ... � w.�..:�. �.. �t t if� 1 -• : 1� I' q,�t °'�t:'1�����\�1�(flFt � . �. ���I 11�;. .;r 1�..'t 1�,L� �!.'� L Joseph&Heidi Battaglia 2100 Hobart Road,Southold SCTMtt 64-3-3.2 . + •v - � Y - --- 3/14/2012 `a .441 2 ` . •:y _ � �. .. 1'}byC� � �, t�� yea , R' ``+rC t •+.F � -0 '`�'cT-We.'.� ► .�� r' �` acs` Z .. �.�c: y�l�� ��r,—sa.•�T �`., .tea 'L ♦ fl 6'�F' - `� t t�T"' y x fir ►+ '� a_Y ": -t^� ..- -. i..�`�_ '����,.';.✓ ,�'�L4sy +�' r A-�' ,. rs=fit::. + yT �. � •Y t � +` �s I� flYll e !Iweph&Held!Battaglia a100 Hobart Road,Southold y ; , •f. ` M .•.. K. Y * .A • J4-. a 1 4Ip 1. `'� !'.i � A S het i) x/f '•:.� 1•-:. - "p'• �•. _ F - K • R - ZI r' ��� glia • p .p- A •• CC#: C11-43407 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK JAN 1 19 2012 1, 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 11/1812011 under Liber D00012677 and Page 017 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 11118/2011 SUFFOLK COUNTY C//O-�UNT///Y� CLERK JUDITH A.PASCALE SEAL I IIIINI IIII IIIN IIID IIIII ILII ILII(IIII ILII(III IIII I IINIi 11111 11111 Illi IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 11/18/2011 Number of Pages: 7 At: 11 :38:59 AM Receipt Number : 11-0126652 LIBER: D00012677 PAGE: 017 District: Section: Block: Lot: 1000 064.00 03.00 003.000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $35.00 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 $30.00 NO Fees Paid $110.20 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County I 2 Number of pages This document will be public record.Please remove all ` '`uc Social Security Numbers " prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording 7 Filing Stamps 3 FEES Page/Filing Fee 2S Mortgage Amt. _ 1.Basic Tax _ Handling 20. 00 2. Additional Tax _ TP-584 Sub Total Notation _-- _— Spec./Assn. -- or EA-5217(County) Sub Total_ Spec./Add. EA-5717(State) _., _ TOT.MTG.TAX RAT.S.A, 1_ Dual Town_-_Dual County Held for Appointment Comm.of Ed. 5. 00 Transfer Tax _ AHidavit_,1 ___ a e Mansion Tax _ l `� )Slril The property covered by this mortgage is (Certified Co �. . .] or will be improved by a one or two NYS Surcharge 15. 00 `` i]f Ul family dwelling only. Sub Total_ YES or NO Other _ �`� C�) Grand Total l/ . If NO,see appropriate tax cl se op � I page 9_of this instrumTnt. 4 Dist. 1000 Section 64 Block 3 Lot 3 5 Community Preservation Fund 1000 06400 0300 003000 �— Real Prope T Connideration Amount$. �axemic, F S Agency R DTY A CPF Tex Due S-. Vedflcatio 1&NOV-i Improved__ 6 Sadsl. Tress RECORD&RETURN"10: Vacant Land TO PATRICIA C.MOORE ESQ. 51020 MAIN ROAD TD ----- SOUTHOLD NY 11971 TD Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Company Information 310 Canter Drive, Riverhead, NY 11901 Co.Name www.suffolkcountyny.gov/clerk Titles a Suffolk County Recording & Endorsement Page This page forms part of the attached DECLARATION AND COVENANT _ _made by: (SPECIFY TYPE OF INSTRUMENT) JOSEPH BATTAGLIA AND _ The premises herein is situated in HEIDI BATTAGLIA SUFFOLK COUNTY,NEW YORK TO In the TOWN of SOULHQLp____. 1QVa QI'SOU'I'HOLD. _ _— In the VILLAGE PLANNING BOARD or HAMLET of SOUTHOLD BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over DECLARATION AND COVENANT SOUTHOLD TOWN PLANNING BOARD THIS DECLARATION made the 14'day of November, 2011 by Joseph Battaglia and Heidi Battaglia, residing at 28 Wilton Road, Cold Spring Harbor NY 11724, hereinafter collectively referred to as the Declarant, states as follows: WHEREAS, Declarant is the owner of certain real property situate at Hobart Road, in the Town of Southold, Suffolk County, New York, more particularly bounded and described as set forth in Schedule A annexed hereto; and WHEREAS, for and in consideration of the granting of subdivision application entitled, "Standard Subdivision of Joseph and Heidi Battaglia' prepared by Nathan Taft Corwin, III, Land Surveyors, dated August 1, 2011 (hereinafter"Filed Map") and as a condition of granting said approval, the Town of Southold Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, Declarant has considered the foregoing and determined that same will be in the best interest of the Declarant and subsequent owners of said parcel; NOW, THEREFORE, THIS DECLARANT WITNESSETH: 1. That Declarant, for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: (a) Thirty (30) foot non-disturbance, non-fertilization buffer landward of the edge of the wetlands as shown on the Filed Map. The 30 foot buffer shall remain undisturbed in perpetuity except for permitted activities. Permitted activities within the buffers are limited to the removal of known exotic invasive weeds and invasive vines, removal of dead and/or diseased trees that are hazardous to life or property and the buffer may be supplemented with plantings of native and drought tolerant species and a 4' access path to Town Creek on lot 2, subject to Board of Trustee approval. (b) Trees that are greater than 18 inches in diameter at breast height are shown on the Approved Final Plat map and shall be preserved in perpetuity. Maintenance of said trees is permitted and shall include pruning and removal of dead and/or diseased trees that are hazardous to life or property and may be replaced. ( c ) The Planning Board is requiring the replacement of the tree by June, 2012. The tree located immediately north of the driveway on lot 2 shall be replaced with a minimum 4" caliper'street' tree selected from the Southold Town Planning Board Native Tree List. The tree was approved to be removed due to the poor health and condition of the tree. This tree together with the vegetation located within the naturainandscaped buffer satisfies section 240.17. Technical requirements. Item H,2(n) and section 161- 44.Street Tree Requirements of the Town Code. The planted tree shall be guaranteed to survive for a three year period from planting date. In the event that the planted tree dies within the three year period, the tree shall be replaced with a minimum of 4" caliper tree of similar species. A letter shall be provided to the Planning Board indicating the planting date, species and size of the tree (d ) Pursuant to chapter 24049 Clearing of the Southold Town Code, clearing limits on lot 1 and lot 2 are restricted to 50% of the total lot area. Clearing limits shall be clearly staked and approved by a New York State licensed engineer or surveyor prior to any new clearing or grading of the lots. All planted vegetation installed within the clearing limits as established by the Planning Board on the approved Filed Map shall be guaranteed to survive for a period of three years from final acceptance of the planted vegetation by the Planning Board. In the event that any of the planted vegetation dies, the landowner shall replace such vegetation at their expense. (e) The driveway on Lot 1 shall be constructed of pervious material or if non- pervious material is used, drainage shall be provided which complies with Chapter 236, "Stormwater Management of the Southold Town Code and the construction of the driveway to lot 1 shall be excluded from the buffer conditions outlined herein. (f) There shall be no further subdivision of Lot 1 and Lot 2 in perpetuity. (g) Except for the driveway to Lot 1, a 20'wide natural/landscaped buffer running along the property boundary described as S. 26 degrees 25 minutes 00 seconds E for a distance of 282.61 then S. 43 degrees 14 minutes 50 seconds E. for a distance of 156.80 feet shall be established. The 20' natural/landscaped buffer is established in perpetuity. The current and all subsequent landowners of lots 1 and 2 shall be responsible for maintenance of the perpetual 20' natural/landscaped buffer area. All planted vegetation within this area shall be guaranteed to survive a period of three years. In the event that any of the planted vegetation dies, the landowner shall replace such vegetation at their expense. Any changes to trees and shrubs require Planning Board approval. (h) As to Lot 1, prior to issuance of a Certificate of Occupancy the following landscaping will be planted and maintained in perpetuity: (1) the 20'wide natural/landscape buffer running along Hobart Avenue will be planted with such plant species, density and size as was planted on Lot 2 along Hobart Avenue. (2) along the northern boundary of lot 1 a row of 6-T tall white pines, T-8' on center will be planted to achieve winter screening. (i) Pursuant to a recorded "Grant of Drainage Easement', there shall be established a 50' wide X 145.18' long drainage easement running along the property boundary described as S 35 degrees 05 minutes 00 seconds W and as illustrated on the Filed Map Q) The use of synthetic herbicides, pesticides and/or fertilizers capable of entering surface or ground waters is prohibited on Lots 1 and 2 (k)All utility connections shall be constructed underground (1) If applicable, prior to construction activity on any of the lots within the subdivision, the project may require a General Permit for storm water run-off from construction activity administered by the New York State Department of Environmental Conservation Under Phase II State Pollutant Discharge Elimination System or a drainage approved under Chapter 236 (m) Concrete property boundary monuments shall be required. Monuments shall be set on the inside corners of outside boundaries of the land subdivided at each point where there is a change of alignment . Except where the boundary is a watercourse, the monuments shall be offset in the line of adjacent traverse. 2. Declarant grants the continuing right in perpetuity to the Town of Southold, any of its designated representatives or any owner of property within the subdivision to enforce the conditions and restrictions of the covenants and to take any legal action it deems necessary to enforce the conditions and restrictions of the covenants. These rights of inspection and enforcement shall be binding upon declarant, their heirs, executors, legal representatives, distributees, successors, assigns and transferees. 3. These covenants and restrictions shall run with the land and shall be binding upon the Declarant, his successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the property only with the written consent of the Town of Southold Planning Board granted by a majority vote plus one following a public hearing. 4. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. 5. The aforementioned restrictive covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or law. The failure of said agencies of the Town of Southold to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. 6. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated made a part hereof, as though fully set forth herein. That the within Declaration shall run with the land and shall be binding upon the Declarant and his successors and assigns and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked or amended by subsequent owners of the property unless and until approved by a majority plus one vote of the Planning Board of the town of Southold or its successors, after a public hearing. IN WITNESS WHEREOF, the Declarant has hereunto set its hand and seal the day and year above written. J h Ba ag ia, , eidi B ttaglia 00 STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK ) 99 On the -f—day of /yOL^EyYtm��r4,,gc /before me, the undersigned, a notary public in and for said State, personally appeared Joseph Battaglia and Heidi Battaglia personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature on the instrument, the individuals, or the person upon behalf of which the individual acted, executed the instrument. otary Public PATRICIA C.MOORE Notary Public,State of New York Suffolk County-No.4861669t Commission Expires June 18, _I *0 Schedule A Description ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, in the Town of Southold, County of Suffolk and State of New York, and bounded and described as follows: BEGINNING at the northeasterly corner of the premises about to be described, the point of beginning being monumented by a pipe set in the westerly side of Hobart Road at the division line between premises about to be described and lands of Frederic P. Rich, said point of beginning being distant 176 feet southerly measured along the westerly side of said road from another monument in the westerly side of said road marking the division line between lands of Frederick P. Rich and lands of E. Gates formerly of John Kom and formerly of Hubert Howard; RUNNING THENCE southerly along the westerly side of Hobart Road the following two courses and distances: 1) South 26 degrees 25 minutes 00 seconds East, 282.61 feet to a monument; 2) South 43 degrees 14 minutes 50 seconds East, 156.80 feet to the division line between lands herein described and lands now or formerly of Penney; THENCE along said division line, South 35 degrees 05 minutes 00 seconds West, 145.18 feet to the ordinary high water mark of Town Creek; THENCE along the said high water line of Town Creek in a general northwesterly, southwesterly and again northwesterly direction to the division line between lands herein described and said lands now or formerly of Frederic P. Rich the following (9) courses and distances: 1) North 34 degrees 35 minutes 14 seconds West, 17.08 feet; 2) North 74 degrees 35 minutes 22 seconds West, 73.82 feet; 3) North 56 degrees 35 minutes 27 seconds West, 89.19 feet; 4) North 42 degrees 15 minutes 27 seconds West, 63.27 feet; 5) North 47 degrees 46 minutes 26 seconds West, 66.84 feet; 6) North 22 degrees 18 minutes 44 seconds West, 40.90 feet; 7) North 51 degrees 47 minutes 32 seconds West, 38.54 feet; 8) North 37 degrees 23 minutes 58 seconds West, 83.81 feet; 9) North 18 degrees 59 minutes 27 seconds West, 56.47 feet; THENCE along said division line, North 58 degrees 35 minutes 00 seconds East, 249.27 feet to the westerly side of Hobart Road to the point or place of BEGINNING. Page 1 of 1 Sabatino, Alyxandra K. From: Kalin, Carol Sent: Monday, November 28, 2011 11:34 AM To: Sabatino, Alyxandra K. Subject: FW: battaglia J 1 Attachments: recorded c&is for PB.pdf From: betsy@mooreattys.com [mailto:betsy@mooreattys.comj Sent: Monday, November 28, 201111:32 AM To: Lanza, Heather; Terry, Mark Cc: Kalin, Carol; pat Subject: battaglia Supplementing my package dropped off to your office on 11/22, attached please find the recorded C & R's. Thank you. Betsy Perkins LA Moore Law Offices William D. Moore, Esq. 631.765.4663 Patricia C. Moore, Esq. 631.765.4330 mailing & physical address: 51020 Main Road Southold NY 11971 fax number for both 631.765.4643 11/30/2011 PATRICIA C. MOORE Attorney at Law V 51020 Main Road Southold,New York 11971 Tel: (63I 1)7654330 Fax: (631)765-4643 January 3, 2012 2012 Planning Board Town of Southold PO Box 1179 Southold NY 11971 �pIJ 3 2012 RE: BATTAGLIA SCTM: 1000-64-3-3 Dear Mr. Sidor: With reference to the above, enclosed please find copy of the recorded Drainage Easement. Also, please be advised that the maps were filed in the County Clerk's office on December 22, 2011 as Map No. 11840. Thank you. Very truly urs, L1cia C. Moorelcia C. Moore PCM/bp encls. C: Mr. & Mrs. Battaglia ;;r .• CC #: Cll-47803 ,rt 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 1 have compared the annexed with the original EASEMENT recorded in my office on 12/22/2011 under Liber D00012680 and Page 293 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 12/22/2011 SUFFOLK COUNTY CLERK C;?1< Disc a /9 JUDITH A.PASCALE SEAL Number of pages 20ll Dec :4-:rH ✓u J',IDITH v. FR LGL- LEPIF 'Jr This document will be public -IFFOLr ,'Ii " record.Please remove all L D00012E8D Social Security Numbers F =" 11-i0'..E2 prior to recording. DTA Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps FEES Page/Filing Fee 40 Mortgage Amt. Handling 20. 00 1.Basic Tax i 2. Additional Tax TP-584 h_ Sub Total _ Notation Spec./Assit. or EA-5217(County) Sub Total_. Spec./Add. EA-5217(State) TOT.MTG.TAX R.P.T.SA. Dual Town Dual County Held for Appointment Comm.of Ed. 5. 00 Transfer Tax -- Affidavit /I • Mansion Tax _ Certified Co �(/ The property covered by this mortgage is Copy / or will be improved by a one or two NYS Surcharge 15. 00 Sub Total- family dwelling only. �S,S YES or NO Other _ __ �G Grand Total If NO, see appropriate tax clause on page# _ofthis instrument 4 1 Dist. 1000 Section 641'() Block 03,DQ Lot&,00;k 5 Community Preservation Fund Real Property ppopFq' �� '/ Consideration Amount$ Tax Service Agency ca»�i Verification ,��W��., CPF Tax Due S_ Improved 6 Satis(actions/Discharges/Release ist Property Owners Mailing Address RECORD&RETURN TO: Vacant Land PATRICIA C.MOORE ESQ. TD _- 51020 MAN ROAD TO SOtJTHOLD NY 11971 - - TO Mail to:Judith A. Pascale,Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name www.suffolkcountyny.gov/clerk Title# 8 Suffolk Count ecording & Endorsement Page This page forms part of the attached GRANT OF DRAINAGE EASEMENT - made by: (SPECIFY TYPE OF INSTRUMENT) JOSEPH BATTAGLIA AND _ The premises herein is situated in HEI DI M.BATTAGLIA SUFFOLK COUNTY,NEW YORK, TO In the TOWN of-SOUTH-OLD TOWNOFSOUTHOLD _. Inthe VILLAGE ---- - - or HAMLETof SOUTHOLD _ BOXES 6 THRU A MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over I IIIIIII(III VIII VIII VIII VIII VIII VIII VIII IIII IIII 111111 VIII(IIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 12/22/2011 Number of Pages : 8 At: 02 :43 :05 PM Receipt Number : 11-0139747 TRANSFER TAX NUMBER: 11-10382 LIBER: D00012680 PAGE : 293 District: Section: Block: Lot: 1000 064 .00 03.00 003. 002 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $40 . 00 NO Handling $20 .00 NO COE $5 . 00 NO NYS SRCHG $15.00 NO TP-584 $5.00 NO Notation $0 .00 NO Cert.Copies $5.20 NO RPT $30.00 NO Transfer tax $0. 00 NO Comm.Pres $0.00 NO Fees Paid $120 .20 TRANSFER TAX NUMBER: 11-10382 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL 'JUDITH A. PASCALE County Clerk, Suffolk County � N GRANT OF DRAINAGE EASEMENT THIS indenture made this 14'h day of November, 2011, by and between Joseph Battaglia and Heidi M. Battaglia residing at 28 Wilton Road, Cold Spring Harbor, New York (the "Grantor" ) and the Town of Southold, a municipal corporation of the State of New York, having its office at 53095 Main Road, Town of Southold, Suffolk County, New York (the "Grantee"). WHEREAS, the Grantor is the owner of a certain parcel of land containing 2.319 acres, more or less, of land identified by Suffolk County Tax Map number 1000-64-3-3 located on the southwestern side of Hobart Road in the Hamlet of Southold, Town of Southold, Suffolk County, New York; WHEREAS, the Grantee, for drainage purposes proposes to construct, install, maintain, and repair culvert pipes and leaching pools to provide drainage for road runoff from Hobart Road; WHEREAS, the Grantor has agreed to grant to the Grantee an easement over a portion of Grantor's land as described in Schedule A attached hereto. NOW THEREFORE, IN CONSIDERATION OF Ten Dollars ($10.00) and other good and valuable consideration paid by the Grantee to the Grantor, the receipt of which is hereby acknowledged, this agreement witnesseth that: WHEREAS, On June 13, 2011, Grantor received Conditional Final Approval for a standard subdivision of a 101,022 square foot parcel into two lots where lot 1 is equal to 43,213 sq. ft. and lot 2 is equal to 57,809 sq. ft. in the R-40 Zoning District on the condition that a 50' wide X 145.18" long drainage easement for storm water control be granted to the Town; -1- 1. The Grantor does hereby donate, grant, transfer and convey to the Town of Southold, a drainage easement in gross, of the nature, character and to the extent hereinafter set forth, over and upon the southerly portion of the premises described in Schedule A. 2. The nature, character and extent of the easement hereby granted are as follows: (a) The right of the Grantee to enter upon the premises at all reasonable times: (i) To install, create and maintain culverts, pipes, leaching pools on the premises and to repair, replace or remove same as needed for the effective drainage of road runoff from Hobart Road . The easement area for the subsurface culverts and/or pipes is limited to an area that is approximately fifty (50) feet in width as described in Schedule B. (ii) To perform such grading, excavation and the installation of such facilities as may be required for the construction, operation, repair, replacement and maintenance of said culverts, pipes, and leaching pools for the collection of storm water control. (b) The right of Grantee to enter upon the premises at all reasonable times to access the underground drainage features installed and constructed under the terms of this easement. Said easement for access is limited to approximately the 50 foot area set forth in Schedule B attached hereto. 3. The Grantor reserves the right to the use and enjoyment of the Grantor's premises to the fullest extent possible without unreasonable interference by the Grantee in the exercise of the Grantee's rights granted herein. -2- 4. The Grantee further agrees to pay all reasonable damages to the premises of the Grantor sustained as a result of the construction, maintenance and/or operation of the drainage easement thereon by the Grantee and shall be obligated to restore the affected area in a timely fashion to the condition prior to the damage. Restoration may include, but is not limited to, replacing affected vegetation. 5. The Grantee further agrees to obtain all necessary permits from all governmental agencies necessary to carry out the operations contemplated by this agreement. Grantee agrees to construct no fences, walls or other obstructions as part of this project. 6. This easement shall be deemed a "minor utility easement' and the Grantor agrees that the easement area shall be included in the lot area (buildable area) and that the setbacks for the principal structure shall be measured from the property line and not the easement area. This is a material element of this agreement. 7. This agreement and the easements and rights granted herein shall run with the land and be binding upon the parties hereto and their respective successors and assigns. 8. Grantee shall indemnify and hold harmless Grantor against all liability associated with its own acts or omissions in connection with the use of the premises. 9. The terms of this easement may not be changed orally, and this writing constitutes the entire agreement of the parties. Each party represents to the other that no representations have been made or relied upon by or to either party except those set forth herein. 10. If any term of this easement shall be determined by a court of competent jurisdiction to be unlawful, null or void, all other terms shall remain in full force and effect. -3- 11. Grantor represents to Grantee that the execution of this Easement does not violate any covenant, regulatory restriction, court order or agreement to which its lot may be subject, and that the undersigned is the sole owner of the lot and possessed of full authority to execute same. 12. This easement shall be perpetual unless, by judicial decree or determination or by written agreement of all parties, the beneficial use of the easement or either of them shall cease by operation of law or otherwise. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. 4'v t SEPH BATTAGLIA EIDI M. BATTAGLJ TOWN OF UTHOLD By: ScA A. Russell, Supervisor STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) On this i day of H' , in the year 2011, before me personally appeared JOSEPH BATTAGLIA AND HEIDI M. BATTAGLIA , 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 person upon behalf of which the individual acted, executed the instrument.% PATRICIA C.MOORE Notary Public,State of New York Suffolk County-No.486166D ,1 Commission Expires June 16, -4- i N STATE OF NEW YORK) ) SS.: COUNTY OF SUFFOLK) x'1 On this day of sir , in the year 2011, before me personally appeared Scott A. Russell, 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 person upon behalf of which the individual acted, executed the instrument. 14 r Notary Public CAROL HYDELL NOTARY PUBLIC-STATE OF NEW YORK NO.01HY6189695 QUALIFIED IN SUFFOLK COUNTY COMMISSION EXPIRES 06/80/20,,' -5- SCHEDULE A ALL that certain plot, piece or parcel of land situate, lying and being at Southold, Town of Southold, County of Suffolk and The State of New York, known and designated as Lot 2 as shown on a certain map entitled "Final Plat of Joseph and Heidi Battaglia",bounded and described as follows: BEGINNING at a concrete monument along the westerly side of Hobart Avenue and at the southeast corner of land to be herein described, said monument being 1,059 feet more or less northerly as measure along the westerly side of Hobart Avenue from the comer formed by the intersection of the westerly side of Hobart Avenue and the northerly side of Terry Lane; RUNNING thence South 35 degrees 05 minutes 00 seconds West along the northerly line of Lot 118 as shown on a certain map entitled "Subdivision Map of Founders Estates",filed in the Office of the Clerk of Suffolk County on May 10, 1927 as File No. 834, 145.18 feet to a point along the apparent high water mark along the easterly side of Town Creek; RUNNING thence along the apparent high water mark along the easterly side of Town Creek the following six(6) courses and distances: (1) North 34 degrees 35 minutes 14 seconds West, 17.08 feet to a point; (2) North 74 degrees 35 minutes 22 seconds West, 73.82 feet to a point; (3) North 56 degrees 35 minutes 27 seconds West, 89.19 feet to a point; (4) North 42 degrees 15 minutes 27 seconds West, 63.27 feet to a point; (5) North 47 degrees 46 minutes 26 seconds West, 66.84 feet to a point; (6) North 22 degrees 18 minutes 44 seconds West, 40.90 feet to a point along the southerly line of Lot I as shown on a certain map entitled"Final Plat of Joseph and Heidi Battaglia; RUNNING thence North 58 degrees 56 minutes 00 seconds East along the southerly line of above said map, 223.87 feet to a point along the westerly side of Hobart Avenue; RUNNING thence along the westerly side of Hobart Avenue the following two (2)courses and distances: (1) South 26 degrees 25 minutes 00 seconds East, 105.94 feet to a concrete monument; (2) South 43 degrees 14 minutes 25 seconds East, 156.80 feet to the point or place of BEGINNING. SCHEDULE B ALL that certain plot, piece or parcel of land situate, lying and being at Southold, Town of Southold, County of Suffolk and The State of New York, bounded and described as follows: BEGINNING at a concrete monument along the westerly side of Hobart Avenue and at the southeast comer of land to be herein described, said monument being 1,059 feet more or less northerly as measured along the westerly side of Hobart Avenue from the corner formed by the intersection of the westerly side of Hobart Avenue and the northerly side of Terry Lane; RUNNING thence South 35 degrees 05 minutes 00 seconds West along the northerly line of Lot 118 as shown on a certain map entitled"Subdivision Map of Founders Estates", filed in the Office of the Clerk of Suffolk County on May 10, 1927 as File No. 834, 145.18 feet to a point along the apparent high water mark along the easterly side of Town Creek; RUNNING thence along the apparent high water mark along the easterly side of Town Creek the following two (2) courses and distances: (1) North 34 degrees 35 minutes 14 seconds West, 17.08 feet to a point; (2) North 74 degrees 35 minutes 22 seconds West, 36.09 feet to a point; RUNNING thence North 35 degrees 05 minutes 00 seconds East through land now or formerly of Joseph and Heidi Battaglia, 161.72 feet to a point along the westerly side of Hobart Avenuc; RUNNING thence South 43 degrees 14 minutes 50 seconds East along the westerly side of Hobart Avenue, 51.06 feet to the point or place of BEGINNING. MARTIN D.FINNEGAN - .• SCOTT A. RUSSELL TOWN ATTORNEY OF SOUL Supervisor 6 martin. nnegan@town.southold.ny.us Oda yOl� JENNIFER ANDALORO ~ Town Ilall Annex,54375 Route 25 ASSISTANT TOWN ATTORNEY P.O.Box 1179 jennifer.andaloro@townsouthold.ny.us G Southold,New York 11971-0959 • LORI M. IIULSE Telephone(631) 765-1939 ��� ASSISTANT TOWN ATTORNEY Facsimile(631)765-6639 COO�'I lori.hulse@town.southold.ny.us I kA5 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM To: Ms. Sandi Berliner From: Lynne Krauza Secretary to the Town Attorney Date: December 16, 2011 JAN 19 2012 Subject: Battaglia Drainage Easement SCTM#1000-643-3 Please be advised that Jennifer has reviewed and approved the attached Grant of Drainage Easement in connection with the referenced matter. A copy of the resolution authorizing Scott to sign this document is also enclosed. In this regard, kindly have Scott sign the Easement, along with the TP-584 and Peconic Bay Region CPF forms where indicated, using black ink, and return to me for processing. Please note that Scott's signature on the Easement must be notarized. Thank you for your attention. If you have any questions, please do not hesitate to call me. /lk Enclosures cc: Ms. Elizabeth A. Neville, Town Clerk (w/encls.) Ms. Heather Lanza, Planning Director (w/o encls.) Mr. James Richter, Town Engineering Inspector (w/o encls.) •• MAILING ADDRESS: PLANNING BOARD MEMBERS ��qsoyo Southold,,ox 1179 11971 MARTIN H.SIDOR �0 t'O Chair r J� OFFICE LOCATION: WILLIAM J.CREMERS 'n ac Town Hall Annex KENNETH L.EDWARDS �O 54375 State Route 25 JAMES H.RICH III ��� a1 (cor.Main Rd. &Youngs Ave.) DONALD J.WD.CENSKI C(7�Im Southold, NY Telephone:631795-1938 Fax:631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 13, 2011 JA N 19 2012 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: final Plat Approval: Proposed Standard Subdivision for Joseph & Heidi Battaglia Located on the w/s/o Hobart Road, approx.1,059 feet n/o Terry Lane, Southold SCTM#1000-64-3-3 Zoning District: R-40 Dear Ms. Moore: The Southold Town Planning Board, at a meeting held on Monday, December 12, 2011, adopted the following resolutions: WHEREAS, this proposal is for a Standard Subdivision of a 101,022 sq. ft. parcel into two lots where Lot 1 is equal to 43,213 sq. ft. and Lot 2 is equal to 57,809 sq. ft. in the R-40 Zoning District; and WHEREAS, on June 13, 2011, the Southold Town Planning Board granted Conditional Final Approval on the plat entitled "Final Plat of Joseph & Heidi Battaglia", dated May 28, 2008 and last revised October 17, 2010, subject to conditions; and WHEREAS, on November 28, 2011, the applicant submitted four mylar prints, 12 paper prints of Department of Health Services approved maps, and the Administration Fee in the amount of$2,000; and WHEREAS, on November 30, 2011, the applicant submitted recorded Covenants and Restrictions, Liber D00012677 and Page 017; and WHEREAS, the Drainage Easement affecting Lot 2 shall be filed by the applicant simultaneously with the filing of the Final Plat with the Office of the Suffolk County Clerk; and WHEREAS, the conditions of the Conditional Final Approval granted on June 13, 2011 have been met; therefore, be it Battaglia Page Two December 13, 2011 RESOLVED, that the requirement of the Storm Water Pollution Prevention Plan (SWPPP) pursuant to Chapter 236 on the recommendation of the Office of the Town Engineer be deferred until a Building Permit Application for Lot 1 is filed subject to the following condition: 1. Install and maintain a hay bale turbidity screen pursuant to the Board of Trustees Permit#7028 until Lot 1 is improved; and be it further RESOLVED, that in the event that the subdivision is not completed pursuant to the Approved Subdivision Plat and a copy of the recorded Drainage Easement is not submitted to the Town of Southold Planning Department within 30 days from this approval, the Planning Board's approval of the subdivision shall automatically be rescinded and rendered null and void without any further action of the Board, unless the Board agrees to an extended time period; and be it further RESOLVED, that the Southold Town Planning Board hereby grants Final Plat Approval on the plat entitled "Final Plat of Joseph & Heidi Battaglia", dated May 28, 2008 and last revised August 1, 2011, and authorizes the Chairman to endorse the map. Upon endorsement of the Final Plat by the Chairman, the mylars and paper prints must be picked up at this office and the Final Plat filed with the Suffolk County Clerk by the applicant within 62 days of the date of Final Plat Approval, or such approval shall expire. Final Plat Approval shall be determined in accordance with §276 of the New York State Town Law. Final Plat is void if revised after approval. No changes, erasures, modification(s), or revisions shall be made to any Final Plat after it has been approved by the Planning Board, and such approval has been endorsed in writing on the plat, unless the said plat is first re-submitted to the Planning Board and the Planning Board approves any modifications. In the event that any such Final Plat is filed without complying with this requirement, the same shall be considered null and void, and the Planning Board shall institute proceedings to have the Final Plat stricken from the records of the Suffolk County Clerk. If you have any questions regarding the above, please contact this office. Very truly yours, Martin H. Sidor Chairman Encl. cc: Assessors w/map Building Dept. wlmap r i 1 l I Iw ' sp . re f i '3j b J � 1 1 111 �� Joseph Battaglia 28 Wilton Rd. Cold Spring Harbor, N.Y. 11724 631-678-6546 March 26, 2012 To: Board of Trustees Town of Southold RE: 2000 Hobart Rd., Southold SCT#64-3-3 Trustees Permit#7028 This letter is notification that the rock reventment wall on above mentioned property has been reshaped to meet the permit conditions. In addition to permit for dock and float, flagging will be adjusted by Nate Corwin no later than Saturday April 7, 2012. 1 apologize for any inconvenience. Very Truly Yours. OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 +'; Southold, NY 11971 (cor. Main Rd_ & Youngs Ave.) 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: March 21, 2012 Re: Proposed Wetland Permit for JOSEPH & HEIDI BATTAGLIA SCTM#1000-64-3-3.2 Patricia C. Moore, Esq. on behalf of JOSEPH & HEIDI BATTAGLIA request a Wetland Permit to construct a 4'X 68' fixed dock elevated a minimum of 4' above grade; install a TX 15' seasonal ramp; and a 6'X 20' seasonal floating dock. Located: 2100 Hobart Rd., Southold. SCTM#64-3-3.2 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 INCONSISTENT with the LWRP and listed policy standards provided below. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the 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 applicant fails to prove that the action meets the following requirements § 275-11 Construction and operation standards C. 2 (d) of the Southold Town Code: (d) Review and approval of dock applications. Before issuing a permit for a dock structure, the Trustees shall consider whether the dock will have any of the following harmful effects: (2] Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, waterskiing and other water-dependant activities, A net loss in public use of waterways is expected as a result of the construction of such a structure in/on public waterways. The distance to the opposite shoreline has not been provided correctly. It should be measures from the vessel to the opposite shoreline to establish that the action will not impede navigation of the Town Creek. [5] Whether the dock will cause degradation of surface water quality and natural resources; The mean water depths reference -2.9 feet at the dock terminus.. What is the expected draft of a vessel moored at the proposed dock? Insufficient water depths could result in bottom scarring, turbidity and loss in marine species. [7] Whether the dock will result in the destruction of or prevent the growth of vegetated wetlands, seagrasses including eelgrass (Zostera marina) and widgeon grass (Ruppia maritima) or shellfish; There is a high probability that commercially valuable shellfish species occur in the proposed location of the dock structure. The introduction of a dock structure (piles) will result in a net loss of shellfish species. An answer to this question has not been provided. (11] Whether the cumulative impacts of a residential and commercial dock will change the waterway or the environment and whether alternate design, construction, and location of the dock will minimize cumulative impacts; and The construction method has not been identified. & 275-11 Construction and operation standards requires that all intertidal construction and excavation employ the installation of a silt boom that will retain all suspended sediments within the immediate project area. (12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. The answer to this question has not been provided. 9.3 Preserve the public interest in and use of lands and waters held in public trust by the state and the Town of Southold. A. Limit grants, leases, easements, permits or lesser interest in lands underwater in accordance with an assessment of potential adverse impacts of the proposed use, structure, or facility on public interest in public lands under water. A public boat ramp is located just south (roughly 1120') of the parcel providing adequate public access for recreational boating to public waters. The placement of a private residential dock structure in public trust lands and/or waters results in a permanent net loss of public use of such lands and waters. 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 Office Use Only _Coastal Erosion Permit Application Wetland Permit Application Administrative Permit _AmendmenUT F rsion JAN 19 2012 Received Application: /7 Received Fee:$ Completed Application_ 1 } _Incomplete SEQRA Classification: _Type 1_Type II—Unlisted_ _Coordination:(date sent) 3(WRP Consistency Assessment Form 4 t CAC Referral Sent: aJ Tf!bate of Inspection: t. 1j)L _Receipt of CAC Report: _Lead Agency Determination: _Technical Review: y[*ublic Hearing Held: 3 1 Resolution: Name of Applicant �o q k e.- Address 28 W 14-bo 's'cesc` t C_c W J,7 y,nC s ��L ryYY N Y. 1 _7Z9 Phone Number:( ) Suffolk County Tax Map Number: 1000 - Property Location: 2- (provide (provide LILCO Pole #, distance to cross streets, and location) AGENT: (If applicable) / Address: 5 /020 lal"I /` Cc{c1CLLY1?C1 /(-Y MW Phone: 71,5 - �1 3_i o it � Ord of Trustees Application* GENERAL DATA Land Area(in square /lfeet): Area Zoning: Previous use of property: �> Intended use of property: - < -<ua G�/� /1 L�� r✓� Covenants and Restrictions.--,)L—Yes No P(q�iq�y^ Ash — Sv/10[✓i si IA If"Yes", please provide copy. 7 Does this project require a variance from the Zoning Board of Appeals Yes _No If"Yes", please provide copy of decision. Prior permits/approvals for site improvements: Agency Date 0 Er --V'Z312(yo �tZ'l of A�r7� &19/ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? No X Yes If yes, provide explanation: � V Project Description (use attachments if necessary): zz-��� 9Lrd of Trustees Applicatiolo WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: inrr✓s�rz .0 s. ,z fr P lot Area of wetlands on lot: square feet Percent coverage of lot: 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 rf,As ) If yes, how much material will be excavated? cubic yards How much material will be filled? cubic yards Depth of which material will be removed or deposited: feet Proposed slope throughout the area of operations: Manner in which material will be removed or deposited: 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): ';kN//Cu'c1 ��C lfc'r/ �Yl ifh z� `JCIS /fi�nis7�a� !>`fztf "':'2t !jn�2q V PROJECT ID NUMBER 817.20 SEAR APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1 PROJECT INFORMATION (To be completed by (cent or Project Sponsor) 1.APPLICANT I SPONSOR 2.PROJECT NAME 75? 1 l/eadt A//l r e �wy, oeeck- ?.PROJECT LOCATION Za OV //cLt2ce , COGc� �C_ Municlpallty, SD cG,f�9D/off �' County S��A 4.PRECISE LOCATION: Street Addess and Road Intersections, Prominera Iandmerda ate -or provide map �/co Ile Lircf S.IS PROPOSED ACTION; Now O FVwslon F1 ModMcaBat I adoration B.DESCRIBE PROJECT BRIEFLY: LJ 7 / X �.t�+0 /�. !✓cr/c. r G / X Z,-) 7.AMOUNTOF LAND AFFECTED:J;f- %iu Initially .. acres ultimately aeras 8.yViLL.PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? PYes O No If no,describe briefly: IS..WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Chooss as many as appy.) I ]Realdontisl D Industrial ❑Commerclal OAgricultum Partr I Forest lope"Space OD81ar (describa) to. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER 60VERNMENTAL AGENCY (Federal, Satoor Locel). ©Tee ONO A yes, get agency name and permit / approval: 11.DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? IGYes [—]No If yes, Set agency name and permit I approval: L•�' PEG �'i`in� �cr�,+� D�of-l/S{�'� t AS A LtEOULT OF PROPOSED ACTION WILL EXISTING PERMIT./ APPROVAL REQUIRE MODIFICATION? Lves jam I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponsor Name _ 7 IG',7e"L'+G ��ill'/`P Date: Signature l - //�� /✓" If the action Is a Costal Area,and you are a state agency, complete the Coastal Assessment Form before proceeding whp this assessment PART II- IMPACT ASSESSMENT To be completed by Lead Agency) A DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR,PART 617.47 If yes,coordinate the review process and use the FULL EAF. E]Yes (0 No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRIL PART 617.67 If No,a negative ma be superseded by another kwdved agency. dedaretlon v/ Yes No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handrMlten,It legible) C1. Exbfing air Quality.surface or groundwater quality or quantity.noise layels,existkg basic pattem,sold waste production or disposal, potential for erosion,drainage or flooding problems? Explain bdoly: C2. Aesthatic,agricultural,archaeological,historic.or otter natural or cultural resources:or commurilly or neighborhood character?Explain briefly: C3. Vegetation or fauna,flail,Wu Msh or wildlife spades,sigdticard habitats,or threatened or endangered species?Explain briefly: C4. A community's exiahng plans or goals as offkiaay adopted.or a change M use w Mtenslty of use of land or other nsbrna resources?Explain Wetly: C5. Growth,subsequent development,or related activities dkety to be induced by the proposed action?Explain briefly: 06. Long term,short term,cumulative,or other effects not identified M C1-05? E)#alnbriefly: C7. Ocher ins.ads Ing changes in use of either quantity or of ens and briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA? it Yes.exolainbriel : EDYes a No .EIS THERE.OR IS L LIIfELY TO BE CONTROVERSY RELATED TO POTENTIAL ADVERSE FtmgoNMENTAL IMPACTS? If yes explain: QYes Q No _ PART M-DETERMINATION OF SIOMMANCE(To be completed by Agency) . 01111MOTIONS: Fareachad%w"efledidendkedabove,delermMewhelherkisaub$Wtial,targe,hPdtaatoroUmMinsigngimtEads eHed should be asse=W in oonnedlon with las(a)sellft(.e.urban or rurap;(b)probabof olev occurring:(C)duraft(d)healWrdy;(a) ogns gephic scope:and(f)magnitude. k necessary,add attachments or reference supkigrporting midedak. Ensure dw wou" igra otxNain suMckntdetd io showlhatd rsWi nt adveree impacts have been idengked and adequO*BddmaW. Nquestion d ofpert k was ciacked yes,the dia errninafbndeigniflcancenwatevaluatetopotentialIftWdileproposedactonontheenvkonnmWdaradsrktfxofireCFA. ChecktNeboxkyouhegek%WWpaamompokrga MW*r$WMgmts mnbfixicia chMAYoccr.Tfanproceaddtecaytotla EAF anNar prepare a positive dectuali . Check has box kyou have dekrnYned,based on the inkrmade f and analysis above arhd any au "ford g daasrhenktlon gat do proposed WILL NOT result M any signiflwnt adverse environmental Impacts AND provide,on atadanents as rooesaefy,file reaeora supporlkg ft ddennMalon. Board of Trustees Name of Lead Agency Date cJAX9/�S 6. X/.?7/ President Print or Type Name of Respons Officer In Lead Agency Tile of Responsible Officer 2 y�44 Al Signa of Kesponsiole O ren Leac pmcy Signsture of Preparer(if different from res o MEMO LETTER PATRICIA C. MOORE, ATTAY AT LAW 51020 Main Road Southold,NY 11971 (631)765-4330 email:pcmoorel Goptonline.net DATE a-ai- is TO SUBJECT 7' W S 7-2C-75--S 6 B 2 1 2012 SGNE��� F •C, �� please reply No reply necessary BOARD OF TRUSTEES TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF SIGN JOSEPH & HEIDI BATTAGLIA POSTING Regarding Posting of Sign Upon Applicant's Land Identified as SCTM: 1000-64-3-3.2 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, JOSEPH BATTAGLIA, residing at 28 Wilton Road, Cold Spring Harbor NY 11724 being duly sworn, depose and say that: On the 9 ay of February, 2010 1 personally posted the property known as 2000 Hobart Road, Southold, by placing the board of Trustees official Poster where it can easily be seen, and that I have checked to be sure the post has remained in place for eight (8) days prior to the date of the public hearing. Date of Hearing to be held on Wednesday, February 22, 2012 on or about 6:00 p.m. ASEP/ ATTAGLIA Sworr�to before me this 3 day of February, 2012 otary P BETSY A.PERMNS Notary Public, State of New York FES 2 1 1012 No. 01PE6130636 Qualified in Suffolk County Expires Jul 18 CommissionExp' Y , PRODUCT186 • • NO CARBON PAPER REQUIRED:Just type(or write)on origins r impression will automatically appear on copies beneath. bold at(>)to fit 771 DIYi Envelope PATRICIA C. MOORE, ATTORNEY AT LAW ® 51020 Main Road Southold, NY 11971 LETTER (631) 765-4330 email: pcmoore@mooreattys.com �...- Date ..... ......... ... To_ .......... .......... ......... ......... ................. Subject C. t /"F.. .... ........ ......... _._._. ........ .......... .......... ......... ......... ......... 77 . .... ... . -mac_ SIGNED 0 Please reply ❑ No reply necessary 0 BOARD OF TRUSTEES TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF JOSEPH & HEIDI BATTAGLIA MAILING Applicant's Land Identified as sctm: 1000-64-3-3.2 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Betsy Perkins, residing at Mattituck, New York, being duly sworn, depose and say that: On thz day of February, 2012, 1 personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to the neighbors on the attached list. Attached hereto is the white receipt post-marked by the Southold Post Office on said date. ETSY PE KI Signatur ) qT� Sworn to before me this day of February, 2012. Oc•�c9�a��/✓C �„ (No ary Public) MARGARET C. RUTKOWSKI Notary Public, State of New York No. 4982528 Qualified in Suffolk County Commission Expires June 3, a0/_5 PLEASE list, on the back of this A� ii avit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. I i JOSEPH & HEIDI BATTAGLIA SCTM: 1000-64-3-3.2 ANDREW SEMONS LINDA A. FISCHETTI 1580 HOBART ROAD PO BOX 616 SOUTHOLD NY 11971 SOUTHOLD NY 11971 SCTM; 1000-64-3-2.2 SCTM: 1000-63-2-14 I I WM. & ROBYN PENNY ANTHONY& JEAN PEMPER 2200 HOBART ROAD 22741 BELLA RITA CIR SOUTHOLD NY 11971 BOCA RATON FL 33433 SCTM: 1000-64-3-4 SCTM: 1000-64-4-1 DIANE PIETRODANGELO ANTHONY & JEAN PEMPER 158 WATSON AVE. 22741 BELLA RITA CIR WEST ORANGE NJ 07052 BOCA RATON FL 33433 SCTM: 1000-64-2-13 SCTM: 1000-64-4-2 RECEIPT RECEIPT RECEIPT RECEIPT -- 7192 6463 3110 0001 0613 7192 6463 3110 0001 0620 7192 0463 3110 0001 0637 RECEIPT FROM: FROM: FROM: 719264633110 0001os44 RECEIPT Moore Law Office Moore Law Office Moore Law Off ]192 6463 3110 0001 0651 RE FROM: RE'.bartaglia trustees RE:Battaglia trustees RE bartaglia trustees Moore LawFROM: Office RE:bartaglia trustees Moore Law Office RE:Battaglia trustees SEND T0. SEN"b O: 1, �1\N� _ ANDREWSEMONS Lf`1 ~,�'D�1Kkk''1�E PIETRODANGELO Dt � g t ` WM' ROBVN PENNY SENy� SEND TO: � .� r 1560 HOBART ROAD 1` 159.WATSON AVE LQJOAf/ffp FISCHETTI SOUTHOLD NV 11971 RZOUHOBART ROAD - SOU HOLD NY 11971 I - ?T ORANGE NJ 0 7052 PO Sax 616 ANTHON`/" AN PEMPER ti -- �- SOUTHOLD NY 11971 22741 SOCA B T ITA CIR FL 33433 FEES: FEES: FEES: l' 1 Postage 045 Postage 0.45 Postage 0.45 FEES: )\ Certified Fee 2.95 Certlfled Fee 295 Certified Fee Postage FEES: Retum Receipt 235 Return Receipt 235 Return Receipt 2'95 Certrfetl Fee 0.45 Postage 045 Restricted Restrictetl Restricts tl P 235 Certdietl Fee 295 Return Receipt TOTAL $5.75 TOTAL TOTAL Restricted Return Receipt 2.35 1 $5.75 $5.75 5 75 Restricted POSTMARK OR DATE POSTMARK OR DATE POSTMARK OR DATE TOTAL $5.75 TOTAL POSTMARK OR DATE $5.75 POSTMARK OR DATE RECEIPT 7192 6463 3110 0001 0668 FROM: Moore Law Office RE'.battaglia trustees SEND ANTHONY S JEAN PEMPER ;Return SEL{ARITACIR A RATAN FL 331332 95 F 045 S 235 Restrictetl TOTAL $5.75 PATRICIA C. MOORE Attomey at Law 51020 Main Road Southold,New York 11971 Tel:(631)7654330 Fax:(631)765-4643 February 8, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: JOSEPH & HEIDI BATTAGLIA PROPERTY ADDRESS: 2000 Hobart Road, Southold SCTM: 1000-64-3-3 . 2 Dear Neighbor: I represent the above with regard to property located on Hobart Road, Southold, New York. They have submitted an application to the Southold Town Board of Trustees to construct a 4 ' X 68 ' fixed dock elevated a minimum of 4 ' above grade; install a 3 ' X 15 ' seasonal ramp; and a 6' X 20 ' seasonal floating dock. A copy of the Hearing Notice is enclosed together with a copy of the survey. The hearing on this matter has been scheduled for WEDNESDAY, FEBRUARY 22, 2012 on or about 6 : 00 p.m. at Southold Town Hall . If you have any questions, or you wish to support this application, please do not hesitate to contact me. Very yours, Patricia C. Moore PCM/bp enclS. C: Mr. & Mrs . Joseph Battaglia NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD BOARD OF TRUSTEES at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: Jastph ot 4W b 14 SUBJ ECT OF PUBLIC HEARJNG:T0 ru + a WA W ;I tel dbr,.k cttu a rat x� Stasonal�r�a�r� � ar�a�%ao�MrINOG":.- a � ' �nR�u a 3 � TIME & DATE OF PUBLIC dW*APk, VJgdl, ��� 1�►� �u0�i • ©r\ or dboa+ 6 If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection rior to the day of the hearing during normal business days between the hours Y8 a.m and 4 p.m. BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631 ) 765- 1892 Plan View '.7)o Prepared for: Joe Battaglia 1(0 Proposed: Dock, Ramp &Float O pc vom Purpose: Private Mooring vol Surveyed: 12-29-09 c SCT# 1000-64-3-3 �m Situate: Southold Town: Southold Suffolk County, NY -_ Datum: Low Water r ` op O, • � \ \ Q05 + �to433 �o� AV U� NYSDEC �s 00�03�}� APPROVED AS PER IMMS Q�C`Q�� e \ .i ` _.__.� - �. �. 7 c.�"�J(Ja l/✓�7i � .3� \VJ .-`` .p9 �.._...^i�..._s" -, Q, o 9 0 �- 3 � R Sego®n C 9 1' = 20• Proposed Dock 4' x 68' Seasonal (min. 4' abv, grd.) Ramp 3'x 15' �? ? & Float 6' x20' M1 r —__. --- - --HW Wetland exist. F ROBERT H.FOX Boundary 6" Jia bttm. (2) 8 di NYS Pus#50197 R. Fox piles anchor Box#366 12/OG $' O. C. piles Aquebogue x AIV 44no4 Ord of Trustees Application County of Suffolk State of New York /40 /Uy /lICO BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/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 MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Signature SWORN TO BEFORE ME THIS /Z DAY OF : Nota� BETSY A. PERKINS Notary Public,State of New York No.01PE6130636 Qualified in Suffolk CourN�r� Commission Expires July 18 0 Board of Trustees Application AUTHORIZATION (where the applicant is not the owner) [, �A Lck QO—residing at 0 -�O-\ f7jcj (print owner of property) (mailing address) do hereby authorize 0_,0 (Lu n (Agent) �J<� to apply for permit(s) from the Southold Board of Town Trustees on my behalf. (O ner's signature) Joseph& Heidi Battaglia 28 Wilton Road Cold Spring Harbor NY 11724 January 102, 2012 Patricia C. Moore, Esq. 51020 Main Road Southold,NY 11971 Dear Ms. Moore: We hereby authorize you to make any and all applications to the Board of Trustees of the Town of Southold,NYS Department of Environmental Conservation and any other necessary agencies on my behalf regarding property located at Hobart Road, Southold,New York(sctm: 1000-64-3-3.2) Very truly yours, Joseph Battaglia Heidi Battaglia 9 0 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and emwces The WDOW of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. ,c,` YOURNAME: V/Ut�, 7 i�f'(p!" � J(,ilj��i /'Qfy�uc, 11V&A `e (Last time,first time,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: (Check 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 town officer or employee owns more than 55%of the shares. YES NO X 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/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 than 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 Submitted this IZ—_ of Ti , o _20d_2-- Signatitre 7 P ' flame` !, e L, r� Form TS 1 L �+ B��/tea Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. 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. 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). 3. If any question in Section C on this form is answered"yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law.Thus,the action should be analyzed in more detail and, if necessary,modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. 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# 1000-64-3-3.2 (Joseph & Heidi Battaglia) AGENT: Patricia C. Moore Esq. 3 0 2012 51020 Main Road, Southold NY 11971 631-765-4330 The Application has been submitted to (check appropriate response): Town Board ❑ Planning Dept. ❑ Building Dept. ❑ Board of Trustees X Zoning Board of Appeals 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: ❑ Type: Trustees Permit Town of Southold LWPP Consistency Assessment Form 1 Nature and extent of action: Property subdivided and improved separate lot created in December 2011; proposed 4' x 68' fixed dock.3' x15' seasonal ramp and 6' x 20' seasonal float; minimum 4' above grade Location of action: 2000 Hobart Road, Southold Site acreage: 1.5 acres to tie line Present land use: residential Present zoning classification: R-40 2. 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: Joseph & Heidi Battaglia (b) Mailing address: 28 Wilton Road, Cold Spring Harbor. NY (c) Telephone number: (516-785-89741 or Pat Moore 765-4330 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No X If yes, which state or federal agency: 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 X No ❑ Not Applicable ❑ Discussion (if appropriate): The proposed dock makes beneficial use of the waterfront residence. The new dock has received DEC Dept of State and Dept of Army approval. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III-Policies Pages 3 through 6 for evaluation criteria Yes ❑ No ❑ Not Applicable X Discussion (if appropriate): The site is not identified as area of archeological sensitivity or on the National Register on the map produced by NYS Dept. Of State, Division of Coastal Resources. Town of Southold LWRP Consistency Assessment Form 2 0 • Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III- Policies Pages 6 through 7 for evaluation criteria Yes X No ❑ Not Applicable ❑ Discussion (if appropriate):the residential use of the property will not change. The propsed dock conforms to the Town's regulations. 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 X No ❑ Not Applicable ❑ Discussion (if appropriate): The property s on the Town Creek: upon information and belief, every waterfront lot along Hobart Road and across the water has residential docks. The dock will not impact property with respect to flooding or erosion 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 X Discussion (if appropriate): The house was constructed with a new sanitafy system, designed to prevent discharge of runoff into surface waters through use of gutters and leaders. The owner planted native and low-fertilizer dependent plant species which reduce nitrogen loading from the site. The previous Trustees permit for the house required a 30' non-disturbance buffer, the dock will conform to the Trustees standards and does not impact water quality or supply. 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 X Discussion (if appropriate): The site is adjacent to Town Creek and the proposed dock has been rreviewed by the DEC.Dept. of Army and Dept. of State with regard to impact on the habitat and wetlands. All regulatory agencies have issued a permit. Policy 7 Protect and improve air quality in the Town of Southold. See LWRP Section III- Policies Pages 32 through 34 for evaluation criteria. See Section III- Policies Pages; 34 through 38 for evaluation criteria. Yes ❑ No ❑ Not Applicable X Discussion (if appropriate):No impact is anticipated to air quality Town of Southold LWRP Consistency Assessment Forth 3 Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III-Policies; Pages 34 through 38 for evaluation criteria. Yes No ❑ Not Applicable x Discussion (if appropriate): The proposed structures will not impact solid waste or hazardous substances Materials used for proposed dock comply with Town standards. 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 111- Policies; Pages 38 through 46 for evaluation criteria. Yes X No ❑ Not Applicable X Discussion (if appropriate):The parcel is private, however, access along the beach is open to the public 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 X No ❑ Not Applicable ❑ Discussion (if appropriate): the waterfront property retains riparian rights,• proposed dock enables owners to access Town Creek with their vessel. Policy H. 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 X No ❑ Not Applicable ❑ Discussion (if appropriate): The NYSDEC, Army Corp and Department of State regulations prevent depredation of the environment. 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 X Discussion (if appropriate): The area is not a designated agricultural district. The neighborhood consist of single family homes on existing parcels with docks Town of Southold LWRP Consistency Assessment Form 4 0 0 Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section 111-Policies; Pages 65 through 68 for evaluation criteria. Yes X No ❑ Not Applicable ❑ Discussion (if appropriate):Residential development is a recognized permitted and encouraged use in the Town of Southold; waterfront parcels have the right to seek permits for residential docks. *copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 5 PATRICIA C. MOORS, ATTORNEY AW , ® 51020 Main Road Southold, NY 11971 LETTER (631) 765.4330 email: pcmoore@mooreattys.com Date To $u�ect s JIM 30 2012 C—ur r e Ph o 'j P SIGNED ❑ Please reply ❑ No reply necessary PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 January 17, 2012 HAND DELIVERED Board of Trustees Town of Southold SAN 9 2012 Main Road PO Box 1179 Southold NY 11971 RE: BATTAGLIA PREMISES: HOBART ROAD, SOUTHOLD SCTM: 1000-64-3-3.2 Dear President King & Board members: Enclosed please find application for a fixed dock, seasonal ramp and float. My check in the amount of$250.00 is also enclosed. Please note that there is presently litigation involving the pre-existing dock on tax lot 3.1 Thank you and please do not hesitate to call should you have any questions. Very truly y urs, Fa ricia C. Moore PCM/bp encls. C: Mr. & Mrs. Battaglia Plan View Prepared for: Joe Battaglia o P 9 � �0 Proposed: Dock, Ramp&Float O 0�� Purpose: Private Mooring o� cam' `oo aw Surveyed: 12-29-09 Hca ���a ` SCT# 1000-64-3-3 Y �m Situate: Southold Town: Southold Suffolk County, NY APPROVED V 4 ED BY Datum: Low Water r 50AW OF Y � I Q / T�� �, � 1 - 50 T/�OW�N� //��� ���6 �C/1�1� Vf ff 19 DIM `4 ''9QUO b JA Q9h4 3 L 9 'Ay , \ C C 0�� 30 -r{rA¢'.*... _ _ - `\\ x`27 A�ppE/N)Y SpD EE C���/� .9 AND y o., .. ....r.. �.:. ` _ O '9 y/ - Section 2 1 = 20 Proposed Dock 4' x 68' Seasonal F F y2z JAN 19 2012 (min. W abv, grd.) Ramp 3'x 15' & Float 6' x20'- FF 2 Wetland exist. ROBERT H.FOX Boundary 6° dia bttm. (2) 8'1 dl F NYS PW^#50197 2ioa Piles anchor , :' + ,F Boe#sss 8 O. c. piles q Bogue p NY 11931 (51 S, 1. \\ \ \ tiA t \\ ..� : : Y.' • �� � :..1��: :� .• i� 3 .pRi�..L, . •. g1 G.� \\ \ S(�e -- - 8 3 \ \ \\ ' 1 ! ' \ , $tee\ \ \ y // l F X X-u IN \ o \\ \ / 6 �6, \ \ \ h / EXISTING GRADE 6 IN It .Qhs,, \\ \ ,� � '�\\ x�� // 'Y _ �°� x•r�, O� � �`9t~P \ � - -- - --- � ��•C \-- / ��ir. / ° � °sem / S �o xx ...:::::........ r T N ;:s±.K:.:..... .� Fo �� 8 *h .;:...... — ...mVii::::.: — —../2pN FAF 0 O 9Y \ °j1 Gj vQh US�. L 74.35, 22 ALyo��� 82 2 w AlU -�C�o�P Q' szr Ss 9 >okjX o.6. . e o sz. F i`3'' .ad oo •p I X_EY MAP ' FINAL PLAT OF JOSEPH & HEIDI HA,rrAGLIA SCALE 1"=60D'j SITunTE .\ <\ \ SSSS _ _ SOUTHOI,D i^�\\ �� \\\ \ �\ �J� APPROVED BY TOWN OF SOU7HOlD '+C PEANNING BOARD SUFFOLK COUNTY, NEW YORK TOWN orsouTNon S.C. TAX No. torr=30' o3-Ds �\ A \\ CHH. SCALE 1 30 \ bw \ �� MAY 28 2008 1111 HE 1. 1 r[s E S,1111 HEII uU o T \\ 44AC.11,11 HAS I 1.?E'. fl.} v�+m�Al nnrs x:rmrR �]xo'Pi`ir.-3Ell .SUIG sM�[UAT-I.HOF vxcTRIFEE I. ucx lol x aO6a1`i26_,� \ 'b ":\� •`4 \ nur..,sr 1.;LI RrvIB[D°`NN`" AY PrE"SOINN[ILI 11 E AS NCE. ErEmc:jMAN ,./ri�� E9NY:1'J1A3li�17 Llf:10 _ Ng. , \ TOTAL eREA = tOL02o s9. 11. `GGHNO .HE M3V1'^.D'IaYS 1\. \\ \ fm-¢EA 2.319 c O 1 ',�' I` \\�LT.,� OPIAND AREA = 94.Atl1 eq. f1. um B t Ait —� 'IN`O�P[W \I \y, \ `MEiUNO eRFA - 6,541 a9. tl. IOJspj\cEt t aa9°.•c" 1 \ \ °;�,to C73tV3?3i! s'`[Sc+".ysi' .,, � `u'e -l.\s\\ OWNER, W OS FM Berreeu° ": I /1 1' \ \ HI BATTAGLIA 9( / l.} 2B MITON ROAD IS, 281DI SPRING HARBOR. NEW YORK II724 _� ✓� `{A11 \ I.IS [LE EMIoxS.R[RC[E9EMCE0 MAN.rFANHLA ILx \S ' \ y 4 E 5 G`OHIO RLISSAISE,6 LINES E Sr OHN THUS �< Hs Is TYPR' f. Pl OT PLA 1' Sa3'D a toT i e Ar K r\e y I N LIA.xNrr/R<..[.. .N,,rv...Ro x,NR°I. ,nC to SCALE) P 43.s 5 s. TOTAL C 4\\ gi \ nE C s.x. • c SMALL s[�xs.um ro. \ 1 'A \�` 61 273 p I OP1AN0 kC / L 4G\\ / fi \ CARTINGSTELCILIESas Ax. Ir x.IS ISM [Ao.N.I 1 TrM[H000ixoLU TO—xI 1HEI ox av 1m x 10 G 11PETLAYO'AREA \ \ J E. \ e EXISTING TAHES nS SxOWx`Niv ox:w[`rc Riow.xre [x:Ear o uxow co _ 4\/ i a "" _ �Z� H A �ry .��0 �\ \ 1.a E\ 4 cSL�' i I � �• v • / 5, ,.,.°N. li E —� .]� �WJ y Y rP y•J� � �jLJi �.�\ ViJ (NIr..el ` /i ' fi v afr V l E. Rbry���y.� M., rySA �`\ os y6 Y \.'lJ` 1. \J �E\ •,t s / 5 F --. 0 \ BS.32..��\ .eci l \ \/'a'' ([pArWN \`)/- ^\ \ A•�',, i3,0. At ]G,-C x Y ." Lr :m,.<ix 2 k.R +N b PLAN ' a. . SEP o J EON `•aes' op \ n\mesy q ! -Fe t.� SECTION x R-•Bm 0 A SII wlHESS —% 1-4 C�,.�, ss°ez i _ _ �_� r� °ay,� ,,., - _— THEEl. 1 *y, 5(.CTION A A .Pj^ .. o,. a.�-.s . fe`' 7-`O�, r .. •,.-,--�'. -i�r 11,' s oA%i CONCRETE DRIVEWAY APRON 5]809 xV 0, FOLIATE, y !°` rvO-to ) yyNORpRiE,rE !yN '" )' fy�, L�E018a9a ILS C1LARfC AREA , 0 "+ — HIHHO p r b \8 6A , i G a 1 TMST HOLE DA(AP pt, ME LTHIAME'S SHE'EFACE PROPOSED SEPTIC SYSTEM DETAIL - ' "� JAN 19 2012 I.o'To THAes feEE HIS, . E.A. Fx Q62yG2,i2cy A, A, ruRsr 0°` acoL ssuug. .. _. W 5 pye°¢ ;_x�q"a`r i Q° . 4 NB Nathan Taft Corwin III e..>'.^' "' • OB v. # / �' N.fA 00NAy9 Land Surveyor tTrx'.18BCL1 A -- -- 4 fy+ `ACJ • Y * -- — a rt, e1