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Home My WebLink About6865�LFy vFF5/3 '�5 0� UapAG e-0 /.2 pff7o /r ' ��to f IV, 02/�'fas- �t� pwyv4a / cf7�`�lS g ) E BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider ZBA FILE: 6865 http://southoldtown.northfork.net Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 ® Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 6, 2015 NAME OF APPLICANT: David and Stephanie Sack PROPERTY LOCATION: 445 Glen Court (adj. to Long Island Sound) Cutchogue, NY. SCTM#1000-83-1-5 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated June 2, 2105, stating that this application is considered a matter for local determination as there appears to be no significant county -wide or inter -community impact. LWRP_ DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated June 19, 2015. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Subject parcel is a non -conforming 20,214 sq. ft. lot (10,506 sq. ft. buildable area) located in the R40' zone district. It is improved with a single family dwelling with attached deck and hot tub, which is proposed to be demolished. It has 100.00 feet on frontage on Glen Court, 205.00 feet along the eastern property line. 100.00 feet on Long Island Sound and 205.00 feet along the western property line as shown on the survey prepared by Nathan Taft Corwin, III, LS dated March 7, 2014, revised April 15, 2015. BASIS OF APPLICATION: Request for Variances from Article XXIII Section 280-124 and Article XXII Section 280-116 and the Building Inspector's May 6, 2015 Notice of Disapproval based on an application for building permit for demolition of existing dwelling and construction of a new single family dwelling, at; 1) less than the code required front yard setback of 40 feet, 2) more than the code permitted maximum lot coverage of 20%, 3) less than the code required top of bluff setback of 100 feet. RELIEF REQUESTED: The applicant proposes to demolish an existing dwelling and construct a new single family dwelling which will require variances for; 1) 25 foot front yard setback where the code requires a minimum of 40 feet, 2) 25.1% lot coverage of buildable area where the code permits a maximum of 20% and 3) a 50 foot setback from "Top of Bluff' where the code requires a minimum of 100 feet. All as shown on the Survey prepared by Nathan Taft Corwin III, L.S., dated March 7, 2014 and last revised April 15, 2015 Proposed House. Page 2 of 3 — August 6, 2015 ZBA#6865 — Sack SCTM#1000-83-1-5 ADDITIONAL INFORMATION: There are letters of support for the application, as well as letters and testimony of concern over bluff stability during the proposed construction. Suffolk County Soil and Water Conservation District issued a report dated July 27, 2015. The report in part stated that: "The foremost objective with the proposed construction is maintaining the current level of bluff stability. Currently the stability has been achieved through toe protection via the bulkhead and stability of the top of the bluff by limiting disturbance and surface water from traveling onto the bluff. The dense vegetation occurring on the bluff face while critically important to maintaining this stability is of secondary importance to the stabilization of the toe and top of the bluff' and "The demolition of the existing house and the reconstruction of a new residence has the potential to help protect the bluff and the residence by increasing the structural distance from the bluff top edge, as long as the demolition, reconstruction, and maintenance of the proposed infrastructure does not catalyze bluff erosion." The SWCD recommended the installation of a 10 foot wide buffer, landward of the existing vegetation and fencing, having a "low diversion" (1' high x 3' wide) sited at its center with natural buffer vegetation occurring in front of the diversion as well as behind. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on July 2, 2015, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law X267-b(3)(b)(1). Grant of the variances or will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. All of the other developed Sound front properties along Glenn Court have similar nonconforming "Top of Bluff' and front yard setbacks to what the applicant proposes. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than area variances. The depth between the front property line and the "Top of Bluff' measures only 125 feet. The code required "Top of Bluff' setback (100 feet) and front yard setback (40 feet) combined require a 140 foot depth, therefore the placement of any dwelling and related structures anywhere on the subject property would unavoidably require a "Top of bluff' and/or front yard setback variance. The applicant could feasibly construct a new dwelling that would not require a lot coverage variance. 3. Town Law §267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing a 50% variance for a "Top of Bluff' setback, a 37.5% variance for a front yard setback and a 25.5% variance for lot coverage. However, the proposed "Top of Bluff' setback of 50 feet to the nearest corner of the proposed pool and deck represent a 25 foot setback increase to the `Top of Bluff' compared to the existing deck. The proposed lot coverage (25.1%) will be a decrease compared to the existing lot coverage of 25.3%. The proposed front yard setback of 25 feet represents a 9.4 foot decrease compared to the existing front yard setback of 34.4 feet. However, this proposed setback allows for a more substantial "Top of Bluff' setback and is consistent with the front yard setbacks of other properties in this community. 4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law &267-b(3)(b)(Q. The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a constructing a new single family dwelling with pool and decking, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 3 of 3 — August 6, 2015 ZBA#6865 — Sack SCTM#1000-83-1-5 RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Schneider, seconded by Member Weisman (Chairperson), and duly carried, to GRANT, the variances as applied for, and shown on the Survey prepared by Nathan Taft Corwin III, L.S., dated March 7, 2014 and last revised April 15, 2015 Proposed House. CONDITIONS: 1. The existing vegetation and fencing at the top of the bluff shall remain intact to limit soil disturbance and protect the top of the bluff. 2. Install a 10 foot wide non -turf buffer, landward of the existing vegetation and fencing at the top of the bluff, having a "low diversion" (1' high x 3' wide) sited at its center with natural buffer vegetation occurring in front of the diversion as well as behind. 3. The existing abandoned cesspool shall be pumped clean and then filled with clean sand. Cesspool shall not be removed. The purpose of this condition is to limit soil disturbance. 4. The existing tree stump (already cut to grade), in the rear yard, shall not be removed or disturbed. The purpose of this condition is to limit soil disturbance. 5. Heavy equipment, such as excavators, is prohibited from being sited on the bluff side of the demolition and excavation activities. 6. The use of equipment which emits low frequency vibrations (such as blasting or large pile drivers) is prohibited That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk, within three (3) years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1) year terms. Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Horning, Dante. Absent was Member Goehringer. This Reso ution was duly adopted (4-0). K F&,aj Leslie Kanes Weisman, Chairperson Approved for filing �? /a /2015 _L9 24 25 ° ° lip All A / / O. O, / / 52.1 ''� ,�C • O\x oo d 52.4 / 58.3 I - 54.9 \ X7. 52.5 ' . �Za aD` / / 51.7 / �jc.Or\ . • ,. v, i 2 D,N� � \ � X/ � \�UOPe� �, 55 0 X52.7 Cl '0�� v9 O'D - �Y \ASj G gyp' oX 54 3 `' �� 1 PF�Nc�05�� J��NC1 00 S• (JO \ �� maw 0 �.p SCP RSP �P 5 P� PRa o� NPtiSNE�� e \off �1 li5u _5 GOPS�PL ERIN �a� 53.2=oy /P - 5�• , �c, X00¢ .�Q , , ' • 2 yam �i� / F\'m c' 1 c. �� i, f��jY • 53 7 X, o�y �� fps Jam,. y�Qpo �PtoG C, 0, s 0, X O o %! l�J 0�' -c.., � r. O' ••�PP�V ;PE�7•NOL6 N \ e .r�6V �P`F-�� FO�a 58.3 �0 �(X a _ X00 pec. 5 9X 55.1 Q° Gj y �� •'r' �C4 �sX� D p 0 �c-�4'�•. ! LPl <=• X5.2 605, oD (O 5% .. • • . sF �� ZEA pP��'S �G�O��p • 24 P � X 6 54.2 X Y' X 54 � D � C� J \G X � `Q\� o P P, ool� SURVEY OF LOT 4 MAP OF BIRCH HILLS FILE No. 4908 FILED JULY 19, 1967 SITUATE CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-83-01-05 SCALE 1 "=20' MARCH 7, 2014 APRIL 15, 2015 PROPOSED HOUSE AREA = 20,214 sq. ft. 0.464 ac. NOTES: 1. ELEVATIONS ARE REFERENCED TO N.A.V.D. 1988 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:S.o EXISTING CONTOUR LINES ARE SHOWN THUS: - - - -5- F. FL. 5-F.FL. - FIRST FLOOR G. FL. - GARAGE FLOOR TB. - TOP OF BULKHEAD BB. - BOTTOM OF BULKHEAD TC. - TOP OF CURB BC. - BOTTOM OF CURB 2. MINIMUM SEPTIC TANK CAPACITIES FOR A 1 TO 4 BEDROOM HOUSE IS 1,000 GALLONS. 1 TANK; 8' LONG, 4'-3" WIDE, 6'-7" DEEP 3. MINIMUM LEACHING SYSTEM FOR A 1 TO 4 BEDROOM HOUSE IS 300 sq ft SIDEWALL AREA. 1 POOL; 12' DEEP, 8' dia. �'' :'•:, PROPOSED EXPANSION POOL PROPOSED LEACHING POOL PROPOSED SEPTIC TANK 4. THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD OBSERVATIONS AND/OR DATA OBTAINED FROM OTHERS. 5. THE EXISTING SEPTIC SYSTEM IS TO BE PUMPED CLEAN AND EITHER REMOVED OR FILLED WITH CLEAN SAND. DRAINAGE SYSTEM CALCULATIONS: ROOF AREA: 1,900 sq. ft. 1,900 sq. ft. X 0.17 = 323 cu. ft. 323 cu. ft. / 42.2 = 7.6 vertical ft. of 8' dia. leaching pool required PROVIDE (2) 8' dia. X 5: high STORM DRAIN POOLS EXS TING L 0 T CO VERA GE BUILDABLE LOT AREA AS DEFINED BY TOWN = 10,506 sq. ft. (LOT AREA LANDWARD OF COASTAL EROSION HAZARD LINE) DESCRIPTION AREA II HOUSE 2,102 sq. ft. 20.0% FS o� 50 sq. ft. 0.5% DECK � � �o 4.3% HOT TUB 57 sq. ft. 0.5% TOTAL 2,662 sq. ft. oo d 52.4 / 58.3 I - 54.9 \ X7. 52.5 ' . �Za aD` / / 51.7 / �jc.Or\ . • ,. v, i 2 D,N� � \ � X/ � \�UOPe� �, 55 0 X52.7 Cl '0�� v9 O'D - �Y \ASj G gyp' oX 54 3 `' �� 1 PF�Nc�05�� J��NC1 00 S• (JO \ �� maw 0 �.p SCP RSP �P 5 P� PRa o� NPtiSNE�� e \off �1 li5u _5 GOPS�PL ERIN �a� 53.2=oy /P - 5�• , �c, X00¢ .�Q , , ' • 2 yam �i� / F\'m c' 1 c. �� i, f��jY • 53 7 X, o�y �� fps Jam,. y�Qpo �PtoG C, 0, s 0, X O o %! l�J 0�' -c.., � r. O' ••�PP�V ;PE�7•NOL6 N \ e .r�6V �P`F-�� FO�a 58.3 �0 �(X a _ X00 pec. 5 9X 55.1 Q° Gj y �� •'r' �C4 �sX� D p 0 �c-�4'�•. ! LPl <=• X5.2 605, oD (O 5% .. • • . sF �� ZEA pP��'S �G�O��p • 24 P � X 6 54.2 X Y' X 54 � D � C� J \G X � `Q\� o P P, ool� SURVEY OF LOT 4 MAP OF BIRCH HILLS FILE No. 4908 FILED JULY 19, 1967 SITUATE CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-83-01-05 SCALE 1 "=20' MARCH 7, 2014 APRIL 15, 2015 PROPOSED HOUSE AREA = 20,214 sq. ft. 0.464 ac. NOTES: 1. ELEVATIONS ARE REFERENCED TO N.A.V.D. 1988 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:S.o EXISTING CONTOUR LINES ARE SHOWN THUS: - - - -5- F. FL. 5-F.FL. - FIRST FLOOR G. FL. - GARAGE FLOOR TB. - TOP OF BULKHEAD BB. - BOTTOM OF BULKHEAD TC. - TOP OF CURB BC. - BOTTOM OF CURB 2. MINIMUM SEPTIC TANK CAPACITIES FOR A 1 TO 4 BEDROOM HOUSE IS 1,000 GALLONS. 1 TANK; 8' LONG, 4'-3" WIDE, 6'-7" DEEP 3. MINIMUM LEACHING SYSTEM FOR A 1 TO 4 BEDROOM HOUSE IS 300 sq ft SIDEWALL AREA. 1 POOL; 12' DEEP, 8' dia. �'' :'•:, PROPOSED EXPANSION POOL PROPOSED LEACHING POOL PROPOSED SEPTIC TANK 4. THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD OBSERVATIONS AND/OR DATA OBTAINED FROM OTHERS. 5. THE EXISTING SEPTIC SYSTEM IS TO BE PUMPED CLEAN AND EITHER REMOVED OR FILLED WITH CLEAN SAND. DRAINAGE SYSTEM CALCULATIONS: ROOF AREA: 1,900 sq. ft. 1,900 sq. ft. X 0.17 = 323 cu. ft. 323 cu. ft. / 42.2 = 7.6 vertical ft. of 8' dia. leaching pool required PROVIDE (2) 8' dia. X 5: high STORM DRAIN POOLS EXS TING L 0 T CO VERA GE BUILDABLE LOT AREA AS DEFINED BY TOWN = 10,506 sq. ft. (LOT AREA LANDWARD OF COASTAL EROSION HAZARD LINE) DESCRIPTION AREA % LOT COVERAGE HOUSE 2,102 sq. ft. 20.0% ROOF OVER PORCH 50 sq. ft. 0.5% DECK 453 sq. f 4.3% HOT TUB 57 sq. ft. 0.5% TOTAL 2,662 sq. ft. 25.3% PROPOSED LOT COVERAGE BUILDABLE LOT AREA AS DEFINED BY TOWN = 10,506 sq. ft. (LOT AREA LANDWARD OF COASTAL EROSION HAZARD LINE) DESCRIPTION AREA % LOT COVERAGE HOUSE 1,760 sq. ft. 16.7% 2nd STY. BALCONY 40 sq. ft. 0.4% FRONT ENTRY & STEPS 164 sq. ft. 1.6% REAR ENTRY & STEPS 96 sq. ft. 0.9% POOL & SPA 305 sq. ft. 2.9% DECK & WALKWAY/STEPS AT N.E. HOUSE SIDES 27o sq. ft. 2.6% TOTAL 2,635 sq. ft. 25.1% TEST HOLE DATA (TEST HOLE DUG BY McDONALD GEOSCIENCE ON NOVEMBER 25, 2014) o' DARK BROWN LOAM OL V BROWN AND PALE BROWN SILT ML 7' ROWN CLAYEY SAND WITH HEAVY GRAVEL SC 16' ROWN CLAYEY SAND SC 22' %LE BROWN FINE TO COARSE SAND SW 27' ROWN CLAYEY SAND SC 32' aLE BROWN FINE TO COARSE SAND SW 38 I RECEIVEo MAY 21 2015 ZONING BOARD OF APPEAL, UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. F=INAL MAP REVIEWED BY ZBA SEE DECISION # 00S_ DATED 8 / (D /_ PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE L.I.A.L.S. AND APPRQVE0_Z4 D ADOPTED FOR SUCH USE BY T +SEW YORK'S TE LAND TITLE ASSOCIATION �•�IF, Of &"c f0 N.Y.S. Lic. No. 50467 Nathan Taf t Corwin 1H Land •s o Successor To: Stanley J. Isaksen, Jr. L.S. Joseph A. Ingegno L.S. Title Surveys - Subdivisions - Site Plans - Construction Layout PHONE (631)727-2090 Fax (631)727-1727 OFFICES LOCATED AT MAILING ADDRESS 1586 Main Road P.O. Box 16 Jamesport, New York 11947 Jamesport, New York 11947 -�[ SUFFOLK COUNTY SWCD 423 GRIFFING AVENUE 1Y SUITE 110 RIVERHEAD. NY 11901 Paul A. TeNyenhuis, CPESC District Manager (631) 852-3286 FAX (631) 852-3302 www.SuffolkSWCD.ora .................................................................................................................................................... July 27, 2015 0.J RECEIVED Leslie K. Weisman Chairperson U L Southold Town Zoning Board of Appeals Box 1179 So BOARD OF APPEALS Southold, New York 11971-0959 Re: ZBA#6865 Sack Dear Chairperson Weisman: A site visit was conducted at the Sack Residence at 445 Glen Court, Cutchogue, to review the proposed house demolition and construction respective of current site conditions. The following are the observations and recommendations reflective of this site investigation. Observations: The existing house is sited atop of a densely vegetated bluff with less than 50 feet of lawn and porch occurring between the house and bluff. The bulkhead is in sound condition and is effectively protecting the toe of the bluff from both tidal and storm scour. The top of the bulkhead to the top of the bluff is well vegetated with a diversity of native and non-native herbaceous species and shrubbery. A population of Japanese knotweed (Fallopia japonica) exists on the western side of the bluff along the bulkhead and stairway. The bluff appears to be in stable condition although the density of the vegetation made it challenging to view the majority of bluff face. Populations of American Germander (Teucrium canadense) and Purple Loosestrife (Lythrum salicaria) are species dependent on high freshwater soil moistures which in this location indicates a potential for clay lenses or freshwater seeps on the bluff. 1 RECEIVED ■SRO OF nnncn� c M"W, Atop of the bluff, a woven turkey wire -fence marks the transition from the natural bluff area to a vegetated lawn which slopes very gently towards the bluff. The house sits on a partially exposed concrete foundation as depicted in the above photos. The depth of the foundation is unknown. In the front yard, at least three boulders were identified, one of which is only exposed on the top surface. `� RECEIVED JUL 2 9 2015 ` 80(o f- 0 Recommendations: �� R CO The foremost objective with the proposed construction is maintaining the current le[Dve1 ofb9u st APPEALS Currently the stability has been achieved through toe protection via the bulkhead and stability of the top of the bluff by limiting disturbance and surface water from traveling onto the bluff. The dense vegetation occurring on the bluff face while critically important to maintaining this stability is of secondary importance to the stabilization of the toe and top of the bluff. The demolition of the existing house and the reconstruction of a new residence has the potential to help protect the bluff and the residence by increasing the structural distance from the bluff top edge, as long as the demolition, reconstruction, and maintenance of the proposed infrastructure does not catalyze bluff erosion. The demolition of the house and foundation as well as the excavation of new foundation will require extensive soil disturbance and boulder removal (in the front yard) through the use of heavy equipment. Additionally, there is a strong potential that additional boulders may be discovered on the property which may also result in additional excavation. To prevent damage to the back lawn vegetation, reduce the potential for soil compaction and minimize weight bearing on the bluff, it is advised that no heavy equipment be sited on the bluff side of the property. If demolition of the foundation is permitted, it is advised that removal of the foundation be conducted with as little ground disturbance as possible and with equipment which will not create low frequency vibrations. Equipment which emits these low vibrations (such as blasting or large pile drivers) however is not commonly used for such demolitions. The void caused by the demolition should be back filled to a natural grade. Similarly the existing elevations and slope of the yard should not be altered (especially increased) to prevent surface water from being directed and accelerated towards the top of the bluff. The installation of silt fencing to NYS DEC Sediment and Erosion Control Standards (see attached document) " is strongly encouraged (as identified in the Variance application) due to the high hydrologic connectivity to Long Island Sound. As the proper installation of the silt fencing requires soil disturbance, the fence should be installed as close as possible to the construction activities to isolate soil disturbance as much as possible from the top of the bluff. During the site visit it was difficult to determine if the proposed buffer encompassed the existing natural area and associated fence or if it was proposed as an additional 10 feet of buffer. Either way, the existing natural vegetation and fencing should remain intact to limit soil disturbance and protect the top of the bluff. The proposed native vegetated buffer should occur at least 10 feet landward or more from the existing natural area. The use of native species including a diverse mix of bunch and rhizomatous grasses as well as forbs is encouraged. However, woody species and especially trees are not advised in this location as with maturation the wind can loosen roots and cause toppling, catalyzing bluff erosion. The use of natives will reduce the need for soil amendments including fertilizers, pesticides and irrigation and thus protect the Sound from contamination by these potential pollutants. As water traveling over the bluff face is a catalyst for erosion, the installation of a low diversion (1' high x 3' wide) as a component of the proposed buffer is inexpensive but highly effective. The diversion should be sited in the middle of the buffer with natural buffer vegetation occurring in front of the diversion as well as behind the diversion to reduce the velocity of water flowing into the diversion as well as any water that crests the diversion. This practice reduces the volume of water reaching the bluff face and through retention, helps encourage infiltration. To further protect the bluff from runoff, the use and/or installation of irrigation in the rear yard is not advised. The use and vegetation of the area between the proposed fence and 10' vegetative buffer is not identified. One option which can further protect the bluff and reduce maintenance along this area is to extend the native buffer to the proposed fence line. If the area remains in turf, it should be mowed as high as possible to aid in reducing the velocity of surface runoff associated with storm events. It is recognized that the proposed boundary fence in the rear yard is required by code to prevent pool access; however the type of fence and posts selected should limit soil disturbance as much as possible while meeting the exclusion requirements. Within the fenced area of the rear yard, the abandoned cesspool and the existing tree stump (already cut to grade) in the rear yard should not be removed or disturbed. In addition to the installation buffers and limiting soil disturbance, minimizing impermeable surfaces is integral to reducing surface water flow to the bluff. Accordingly, the permeable paver driveway is very progressive, appropriate and a strongly supported practice that will increase water infiltration and reduce surface runoff. Similarly, the use of gutters, downspouts and pool drains which are tied into drywells (as also noted in the Variance application) are also strongly recommended best management practices to dispose of water running off of the roof. The siting of dry wells as well as the septic system as close to the front side of the property is suggested to distance the infiltration and percolation of these point sources as much as possible from the bluff. This is particularly important to maximize the land area between the bluff and the point of groundwater discharged allowing time for water to percolate through the soil column reducing the potential for seeps on the bluff. The bulkhead should be maintained in sound condition at all times to recognize the protection of the toe from tidal and storm scour. Accordingly, all stringers and stayers should be tight with no sediment being pulled between the boards. Vegetation should be maintained atop of the bulkhead to buffer against scour caused by waves overtopping the bulkhead. Inspections should occur periodically and especially after storm events and repairs should be made immediately. A- ,� Such is the case with this damaged bulkhead, caused by a boulder tumbling from the bluff face immediately to the west on the adjacent property. Conducting inspections and making necessary repairs is critical to protecting the individual landowners' investments and the continuous shoreline. The bluff face should also be maintained in full vegetative cover including the top of the bulkhead. Any openings or bare spots should be replanted as soon as possible to ensure stabilization. Details on protecting and maintaining bluff stability as well as native plant lists are provided in the enclosed document. X Please contact our office immediately, if you have any questions or concerns associated with these observations and recommendations. Sincerely: 4;�4t)pt Polly L. Weigand Senior Soil District Technician RECEIVED BOARD OF APPEALF -7�� OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner � 6 LWRP Coordinator Date June 19, 2015 �.OSb/ RECErVED JUN 19 2015 ZONING BOARD OF APPCALS Re: Coastal Consistency Review for ZBA File Ref. DAVID and STEPHANIE SACK #6865 SCTM# 1000-83-1-5 DAVID and STEPHANIE SACK #6865 - Request for Variances from Article XXIII Section 280-124 and Article XXII Section 280-116 and the Building Inspector's May 6, 2015 Notice of Disapproval based on an application for building permit for demolition of existing dwelling and construction of a new single family dwelling, at; 1) less than the code required front yard setback of 40 feet, 2) more than the code permitted maximum lot coverage of 20%, 3) less than the code required top of bluff setback of 100 feet, located at: 445 Glen Court (adj. to Long Island Sound) Cutchogue, NY. SCTM#1000-83-1-5 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, the proposed action is recommended as CONSISTENT with the LWRP. The proposal includes best management practices that further the LWRP policies over existing conditions. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Stephen Kiely, Assistant Town Attorney 06,•'04/2015 10: 24 631-85_-4044 S C PL -441i"+3 DEFT PAIGE 02 Steven Bellone SUFFOLK COUNTY EXECU7?VF. Department cif Economic Development a.nd'Planning Joanne Minieri Deputy County Executive and. Conimissioner June 2, 2015 Town of Southold Zoni.n.g Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971.0959 Attii: Leslie Weisman Dear Ms. Weisman: RECEIVED lo6 fl,Q JUN 0 4 2f�ir BOARD OF APPEALS Division of Planning and. Environment Pursuant to the ,requirements of Sectionsx,14-14 tbru A, 14-25 of;fjie Suffolk County Adiraiiiistrative Code, the following application submitted to the SufFalk County Planning Commission. is to be a matter for local determination as there appears to be no significant county -wide or inter -community impacts. A. decision of local determination should not be construed as either an approval or disapproval. Apimlycant _ Mun!L.ipalFile Number Breezy Shores Comm. Inc. (Brooks, Martha Cottage #4) #6862 Flaherty, Kevin and Paula #6863 Cole, Denis acid Nancy 46864 Sack, David & Stephanie ##6865 Morgan, James 46866 Very truly yours, Sarah Lansdale Director of Planning Theodorc R—Klein Senior Planner TMcd H. LEE DENNISON SLDG 19 190 VETERANS MEMORIAL HWY, 4th FI © P.O. WX 6100 W HAUPPALIGE, NY 11788-0099 0 (631) 853-5191 FORM NO. 3 NOTICE OF DISAPPROVAL TO: Chris Caruso (Sack) PO Box 763 Bridgehampton, NY 11932 Please take notice that your application dated April 29, 2015 RECEIVE�� d c!i b MAY 2 1 2015 ZONING BOARD OF APPEALS DATE: May 6, 2015 For permit to demolish an existing dwelling and construct a new single family dwelling_at Location of property: 445 Glen Court, Cutchogue County Tax Map No. 1000 - Section 83 Block 1 Lot 5 Is returned herewith and disapproved on the following grounds: The proposed construction on this 20,037 square foot lot in the R-40 District is not permitted pursuant to Article XXIII, Section 280-124, which states that, on lots measuring between 20,000 and 39,999 square feet in total size, the minimum front yard setback is 40 feet and the maximum lot coverage 0 percent. Following the proposed construction, the single family dwelling will have a front yard setback of 25 feet and a total lot coverage of 25.1 percent. Buildable area is approximately 11,000 square feet. In addition, the proposed construction is not permitted pursuant to Article XXII Section 280-116 which states; "All buildings located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than one hundred (100) feet from the top of such bluff or bank." Note to Applicant: Any change or deviation to the above refere cn ed -application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. Fee: $ Filed By: Assignment No. RECEIVED APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE MAY 2 1 2015 House No. 445 Street Glen Court Hamlet Cutchogue ZONING BOARD OF APPEALS SCTM 1000 Section 83 Block 1 Lots) 5 Lot Size 20,214 s.f. Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: May 6, 2015 BASED ON SURVEY/SITE PLAN DATED April 15, 2015 Applicant(s)/Owner(s): David & Stephanie Sack Mailing Address: 101 West 12th Street, Apt. 20F, New York, NY 10011 Telephone: 917-375-7773 Fag: Email: stepheniesh@mac.com NOTE: In addition to the above, please completed below if applicant is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: En -Consultants for (X) Owner ( ) Other: Address: 1319 North Sea Road, Southampton, NY 11968 Telephone: 631-283-6360 Fag: 631-283-6136 Email: rherrmann@enconsultants.com Please check box to specify who you wish correspondence to be mailed to, from the above names: ( ) Applicant/Owner(s), (X) Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED April 15, 2015 and DENIED AN APPLICATION DATED Apri129, 2015 FOR: (� Building Permit () Certificate of Occupancy ( ) Pre -Certificate of Occupancy () Change of Use () Permit for As -Built Construction () Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article XxIII Section 280- Subsection 124 Article XXII Section 280- Subsection 116 Type of Appeal. An Appeal is made for: (X)A Variance to the Zoning Code or Zoning Map. ( ) A Variance due to lack of access required by New York Town Law -Section 280-A. ( ) Interpretation of the Town Code, Article Section ( ) Reversal or Other A prior appeal ( )has, ()has not been made at any time with respect to this property, UNDER AppealNo(s). Year(s). (Plegse be sure to research before completing this question or call our once for assistance) Name of Owner: ZBA File # REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: See attached. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: See attached. RECEIVED (3) The amount of relief requested is not substantial because: MAY 2 12015 See attached. ZONING BOAR® OF APPEALS (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: See attached. (5) Has the alleged difficulty been self-created? { }Yes, or WNo. See attached. Are there any Covenants and Restrictions concerning this land: { }No {X}Yes (please furnish copy). This is the NIFMN JM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the comnxmity. SignatureV Appellant or Authorized Agent 15th (Agent must submit written Authorization from Owner) aworn before me this 15 Robert E. Herrmann Coastal Management Specialist 0 -Iof P -Public KIM H. STPPHENS NOTARY PUBLIC STATE OF NEW YORK COMMISSION NO. 5015931 QUALIFIED IN SUFFOLK COUNTY EXPIRES AUGUST 2. 2017 REASONS FOR APPEAL ADDENDUM iRECi:IVED for David & Stephanie Sack 445 Glen Court, Cutchogue NIAY 2 12015 1000-83-1-5 ZONING BOARD OF APPEAL., 1. The granting of the requested lot coverage and front yard (road) setback relief from §280- 124(B) and bluff relief from §280-116(A)(1) for the proposed dwelling and swimming pool will not have an adverse impact on neighboring properties or the character of the community. With respect to the bluff setback, all of the other properties located within the surrounding developed shoreline community along Glen Court, which include those similarly created in the 1960s by the Subdivision Maps of Birch Hills and Vista Bluff, are characterized by dwellings located similar nonconforming distances less than 100 feet from the bluff crest. All of these properties are characterized by distances between the road and bluff that measure less than the combined bluff and road setbacks of 100 feet and 35 or 40 feet (depending on lot size), respectively, which are required by §280- 124(B). This distance on the subject parcel is approximately 125 feet where the combined bluff and road setbacks equal 140 feet. Therefore, the surrounding community is characterized by several other dwellings that are also located less than the required road setback, including three whose previously ZBA-approved front yard setbacks have both a median and mean setback equal to the 25 feet proposed herein. Specifically, the Board has granted relief a) in 2008 (Case 6166) that established a 20' setback for an altered dwelling with attached garage at 995 Glen Court, which is located 5 properties to the east; b) in 1992 (Case 4104) that established a 30' setback for an expanded dwelling at 645 Glen Court, which is located 2 properties to the east; and c) in 1976 (Case 2134) that established a 25' setback (the same as proposed by the applicant) for a new dwelling at 255 Glen Court (see Figure 6 in photos submitted with application), which is located 2 properties to the west. Although none of the properties located along Glen Court is additionally improved with a swimming pool, the two contiguous properties located approximately 700 feet to the west are both improved with full sized (800 A) swimming pools located less than 100 feet from the bluff, and the small (305 sf) proposed "plunge pool" type swimming pool/spa conforms to the 50' bluff setback for swimming pools set forth by the Town Wetlands Law pursuant to §275-3(1))(1)(b)(4). With respect to the requested lot coverage relief (25.1% where 20% is allowable), the proposed lot coverage actually represents a 27 square -foot or 0.4% decrease to the existing lot coverage, and the proposed dwelling footprint would comprise 19.2% lot coverage as compared to the existing dwelling footprint, which constitutes 20.5% lot coverage. Due to the applicants' desire to include a small "plunge ol" type swimming Obert E. Herrmann Sworn to before me this 15th day of May, 2015. Cin "__Ndtiaty .Public KIS H. STEPHENS NOTARY PUBLIC STATE OF NEW YORK 1 COMMISSION NO. 5015931 QUALIFIED IN SUFFOLK COUNTY EXPIRES AUGUST 2. 20_/] pool design, the proposed house footprint with the covered entries and steps has been limited to a smaller footprint (2,020 sf) than the existing 45 year old dwelling with covered porch (2,152 sf). Therefore, the proposed lot coverage will remain consistent with the existing coverage and will not create a change in community character or impact on neighboring properties in that regard. It is worth noting that the adjoining property to the west is vacant and will remain undeveloped, as it is the park and playground property owned by the Birch Hills Property Owners Association. 2. The benefit sought by the applicant, namely the construction of a new, modern dwelling with attached garage and small "plunge pool" type swimming pool in place of a dated and aging dwelling constructed 45 years ago, cannot be achieved without the benefit of area variance because the property depth between the road and bluff measures only 125 feet and thus less than the combined bluff and road setbacks of 100 feet and 40 feet required by §280-124(B). Therefore, the placement of any dwelling and related structures anywhere on the subject property would unavoidably require bluff and/or front yard setback relief. And due to the limited "Buildable Land" area of 10,506 square feet resulting from the even shallower lot depth between the road and Coastal Erosion Hazard Area Boundary, 20 percent lot coverage for the subject property would equal only 2,101 square feet, and the existing coverage is 2,662 sf or 25.3 percent. However, the intent of the design was to increase the bluff setback as much as possible without significantly reducing the front yard setback beyond what has been previously established in the neighborhood and to limit lot coverage as much as reasonably practicable by limiting the proposed house footprint with covered entries and steps to a smaller footprint (2,020 sf) than the existing dwelling with covered porch (2,152 sf) and by situating the pool at grade level with a surrounding an on -grade masonry pool patio and a limited area of walks, deck platform, and steps leading to the pool. As a result, the proposed lot coverage is actually less than the existing. 3. All of the relief requested is substantial mathematically (50% bluff setback relief, 37.5% front yard setback relief; and 25.5% lot coverage relief), but none of the relief requested is substantial relative to existing site conditions and/or the conditions of the surrounding neighborhood. Specifically, the proposed lot coverage will actually decrease by 27 sf or 0.4% from 25.3% to 25.1 percent. The proposed bluff setbacks of 50 feet to the nearest corner of the pool and small deck area leading to the pool represent a 25 foot or 100% increase to the existing bluff setback of 25 feet to the existing attached deck; and the proposed bluff setback of 54 feet to the nearest corner of the proposed dwelling represents a 16 foot or 42% increase over the bluff setback of 3 feet to the existing Robert E. Herrmann Sworn to before me this 15th (� 0 day of ay, 2015. 1�AY � � 2015 otar Public KIM H. STEPHENS NOTARY PUBLIC STATE BOARD of APPEAL STATE OF NEW YORK COMMISSION NO. 5015931 2 QUALIFIED IN SUFFOLK COUNTY EXPIRES AUGUST 2. 20J3 house. And although the proposed front yard setback of 25 feet from the dwelling to the road represents a 9.4 -foot decrease to the existing road setback of 34.4 feet, the proposed setback allows for a more substantial bluff setback and is consistent with the front yard setbacks of other properties in the surrounding community, as described above. 4. The proposed project design and incorporated mitigation will result in an improvement to the physical and environmental conditions. As a result of the project design, there will be a 132 square foot decrease in dwelling footprint; an overall decrease in lot coverage of 27 square feet; a doubling of the bluff setback to structures from 25 to 50 feet; and a 16 foot increase in bluff setback to the primary dwelling from 38 feet to 54 feet. As project mitigation, approximately 1,035 square feet of existing lawn maintained within 10 feet of the bluff crest will be removed and replaced with native vegetation, and a drainage system of leaders, gutters, and drywells will be installed to capture and recharge roof runoff. Together, these measures will mitigate both the quantity and quality of surface water runoff reaching the bluff by reducing the area of the property nearest the bluff and wetlands potentially treated with fertilizers, pesticides, and insecticides; increasing the setback of those areas from the bluff and surface waters of Long Island Sound; and creating an area of more permeable soil and natural vegetation adjacent to the bluff that serves both as a sink and filter for stormwater runoff and the contaminants potentially contained therein. Additionally, the existing, nonconforming sanitary system consisting only of a cesspool located 27 feet from the bluff will be replaced with an upgraded sanitary system consisting of a septic tank and leaching pool, which will be located more than 75 feet from the bluff, a 48 foot increase or near tripling of the bluff setback to the active leaching pool. The small (305 sf) "plunge pool" type swimming pool conforms to the 50' bluff setback for swimming pools set forth by §275-3(D)(1)(b)(4), and as additional environmental mitigation for the pool, the pool will be equipped with an ECOsmarte® pool filtration system, which utilizes a chemical free ionization process for pool filtration in place of chlorination and other chemical treatment processes. Because this system eliminates the use of chemicals for pool treatment, it also creates chemical free pool backwash, which will be directed into the proposed drainage system. Finally, a project limiting fence and staked haybales will be installed to contain site disturbance and potential runoff during construction. The project design and incorporated mitigation measures will thus result in decreased lot coverage; increased wetlands and bluff setbacks to structures, sanitary system, and maintained lawn areas; improved septic treatment; increased native vegetation; and increased drainage capacity, thereby resulting in a significant net improvement to the physical and environmental conditions of the site and neighborhood. 5. It is always potentially arguable that the difficulty associated with the construction of any new, nonconforming structure is at least partially self-created because the difficulty could Robert E. Herrmann Sworn to before me this 15th day of May, 2015. RECEIVED KIM H. STEPHENS MAY 2 1 2015 Nota - Public NOTARY PUBLIC STATE OF NEW YORK ZONING BOARD OF APPEALS COMMISSION NO. 5015931 OUALIFIED IN SUFFOLK COUNTY 3 EXPIRES AUGUST 2, 20L1 be avoided simply by not proposing to construct the new structure. However, in the case of the subject property, it is reasonable to expect that an aging and outdated 45 year old dwelling that was not properly maintained by the previous owner will be most cost- effectively demolished and removed in favor of a new dwelling or at least require substantial renovation and alteration, and neither a new or altered dwelling structure can be located on the subject property without variance relief. Specifically, the difficulty here is not self-created but is associated with the small, nonconforming size of the parcel and location of the bluff, which creates a limited distance between the bluff crest and road and a limited area of "Buildable Land," which together create the need for the requested setback and lot coverage relief. Sworn to before me this 15th day of May, 2015. Notar Public HIM H. STEPHENS NOTARY PUBLIC STATE OF NEW YORK COMMISSION NO. 5015931 QUALIFIED IN SUFFOLK COUNTY EXPIRES AUGUST 2, 2011 Obert E. Herrmann �M� RECEIVED MAY 211 2015 ZONING BOARD OF APPEALS EA APPLICANT'S PROJECT DESCRIPTION Applicant: David & Stephanie Sack Date Prepared: May 15, 2015 I. For Demolition of Existing Building Areas Please describe areas being removed: The existing one-story dwelling, wood deck, hot tub, and all related structures are to be demolished and removed. II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: +/-42' x +/-57' Dimensions of new second floor: same as first sloor Dimensions of floor above second level: N/A Height (from finished ground to top of ridge): 28'-9" from average grade; 31'-10" from lowest grade; 34'-9" maximum from lowest grade Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from to top of natural existing grade to first floor: 48" glass ra; l on roof III. Proposed Construction Description (Alterations or Structural Changes) terrace. (Attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: N/A Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 2,662 sq. ft. Proposed increase of building coverage: -27 sq. ft. (decrease) Square footage of your lot: 10,506 sq. ft. (buildable land) Percentage of coverage of your lot by building area: 25.3% existing; 25.1% proposed (buildable land) V. Purpose of New Construction• To replace 45 year old dwelling constructed in 1970, which is outdated and has not been properly maintained, with a modem dwelling (with attached garage, partial finished basement, and roof terrace) and "plunge type" swimming pool with spa. VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): The developed portion of the property between the road and top of bluff is flat, with a change in elevation of only 6 feet over a distance of approximately 125 feet (<5% slope). However, because the code requires a 100' setback from the top of the steeply sloped bluff, it is not possible to place a dwelling in the approximately 125' deep area between the top of bluff and road that meets the code required setbacks. Please submit eight (8) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 4/2012 RECEIVED MAY 21 2095 ZONING BOARD OF APPEjU PROJECT DESCRIPTION for David & Stephanie Sack 445 Glen Court, Cutchogue SCTM #1000-83-1-5 Demolish and remove existing one-story dwelling, deck, hot tub, and all other related structures located as close as 25 feet from bluff, and construct new two-story, single family dwelling (with attached garage and roof terrace), 305 sf swimming pool/spa, 330 sf on -grade masonry pool patio, and 270 sf walkway/steps/deck to pool, all located no closer than 50 feet from bluff; remove existing sanitary system and install new sanitary system; remove existing driveway and install new grass paver block driveway; install pool enclosure fencing and drainage system of leaders, gutters, and drywells; and establish 1,035 sf nonturf buffer to be planted with native vegetation in place existing lawn within 10 feet of bluff crest, all as depicted on the site plan prepared by Nathan Taft Corwin III Land Surveyor, last dated April 15, 2015. RECEIVED MAY 21 2015 ZONING BOARD OF APPEALS PROJECT DESCRIPTION for David & Stephanie Sack 445 Glen Court, Cutchogue SCTM #1000-83-1-5 Demolish and remove existing one-story dwelling, deck, hot tub, and all other related structures located as close as 25 feet from bluff, and construct new two-story, single family dwelling (with attached garage and roof terrace), 305 sf swimming pool/spa, 330 sf on -grade masonry pool patio, and 270 sf walkway/steps/deck to pool, all located no closer than 50 feet from bluff; remove existing sanitary system and install new sanitary system; remove existing driveway and install new grass paver block driveway; install pool enclosure fencing and drainage system of leaders, gutters, and drywells; and establish 1,035 sf nonturf buffer to be planted with native vegetation in place existing lawn within 10 feet of bluff crest, all as depicted on the site plan prepared by Nathan Taft Corwin III Land Surveyor, last dated April 15, 2015. RECEIVED MAY 2 1 2095 ZONING BOARD OF APPEALS QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Is the subject premises listed on the real estate market for sale? Yes X No B. Are there any proposals to change or alter land contours? X No Yes, please explain on attached sheet. C. 1) Are there any areas that contain sand or wetland grasses? Yes 2) Are these areas shown on the map submitted with this application? Yes 3) Is the property bulkheaded between the wetlands area and the upland building area? Yes 4) If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? No Please confirm status of your inquiry or application with the Trustees: Trustees require review by ZBA before they and if issued, please attach copies of permit with conditions and approved survey. will process wetlands application. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? No Please show area of the structures on a diagram if any exist. Or state "none" on the above line. F. Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: G Please attach all pre -certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? No If yes, please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel Residential, single-family dwelling with attached deck & hot tub and proposed use New two-story, single family dwelling with swimming pool and spa. . (ex: existing single-family dwelling, proposed: same with garage, poo or other) Authorized Signa re and Date Robert E. Herrmann Coastal Management Specialist RECEIVED MAY 21 2015 ZONING BOARD OF APPEALS AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM. The form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239m and 239n of the General Municipal Law. 1) Name of Applicant: David & Stephanie Sack 2) Address of Applicant: 101 West 12th Street, Apt. 20F, New York, NY 10011 3) Name of Land Owner (if other than applicant) Same as applicant 4) Address of Land Owner: 5) Description of Proposed Project: See attached. 6) Location of Property (road and tax map number):445 Glen Court, Cutchogue 7) Is the parcel within 500 feet of a farm operation? { )Yes {X}No 8) Is this parcel actively farmed? f )Yes (X)No 9) Name and address of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. Name and Address 5. 6. �� / (Please use back side of page if there are additional property owners .) ��CEIVEO 9 MAY 21 2015 5 / 15 /2015 ZONING BOARD OF APPEALS Signatu o pplicant Date Note: 1 The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the applicant at the time the application is submitted for review. 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing RECEIVED MAY 21 2015 ZONING BOARD OF APPEALS Part I - Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part I based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1 You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part I - Project and Sponsor Information Name of Action or Project: Sack Residence Project Location (describe, and attach a location map): 445 Glen Court, Cutchogue, Town of Southold, SCTM 91000-83-1-5; property is located on west side of Glen Court, southwest of the western end of Vista Place, maps provide. Brief Description of Proposed Action: Demolish and remove existing one-story dwelling, deck, hot tub, and all other related structures located as close as 25 feet from bluff, and construct new two-story, single family dwelling (with attached garage and roof terrace), 305 sf swimming pool/spa, 330 sf on -grade masonry pool patio, and 270 sf walkway/steps/deck to pool, all located no closer than 50 feet from bluff, remove existing sanitary system and install new sanitary system; remove existing driveway and install new grass paver block driveway; install pool enclosure fencing and drainage system of leaders, gutters, and drywells; and establish 1,035 sf nonturf buffer to be planted with native vegetation in place existing lawn within 10 feet of bluff crest, all as depicted on the site plan prepared by Nathan Taft Corwin III Land Surveyor, last dated April 15, 2015. Name of Applicant or Sponsor:Telephone: 917-375-7773 E -Mail: stephaniesh@mac.com David & Stephanie Sack Address: 101 West 12th Street, Apt. 20F City/PO: State: Zip Code: New York NY 10011 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that X may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 2. Does the proposed action require a permit, approval or funding from any other governmental Agency? NO YES If Yes, list agency(s) name and permit or approval: X NYS DEC, Suffolk County Department of Health Services 3.a. Total acreage of the site of the proposed action? 20,214 sf acres b. Total acreage to be physically disturbed? +/-11,000 sf acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? 20,214 sfacres 4. Check all land uses that occur on, adjoining and near the proposed action. ❑ Urban ❑ Rural (non -agriculture) ❑ Industrial ❑ Commercial 0 Residential (suburban) ❑ Forest ❑ Agriculture N Aquatic ❑ Other (specify): ❑ Parkland Page 1 of 4 5. Is the proposed action, a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? NO YES N/A X X 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? NO YES X 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify• NO YES X 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public transportation service(s) available at or near the site of the proposed action? c. Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? NO YES X X X 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: NO YES X 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water- NO YES X 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: A new, SCDHS compliant on-site sanitary system is proposed. NO YES X 12. a. Does the site contain a structure that is listed on either the State or National Register of Historic Places? b. Is the proposed action located in an archeological sensitive area? NO YES X X 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? b Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres. NO YES X X 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply. ® Shoreline ❑ Forest ❑ Agricultural/grasslands ❑ Early mid -successional ® Wetland ❑ Urban ® Suburban 15 Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? NO YES X 16. Is the project site located in the 100 year flood plain? NO YES X 17. Will the proposed action create storm water discharge, either from point or non -point sources? If Yes, a. Will storm water discharges flow to adjacent properties? ❑ NO ❑ YES b Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: ❑ NO ❑ YES RECEIVEDI NO YES X /(p4 V Page 2 of 4 el ZONING BOARD OF APPEALS 18. Does the proposed action include construction or other activities that result in the impoundment of water or other liquids (e.g. retention pond, waste lagoon, dam)? If Yes, explain purpose and size: NO YES X small to large impact impact may 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: NO YES X 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 20. Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? If Yes, describe: NO YES X 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? I AFFIRM THAT THE INFORMATIO PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Robert E. He ann, Coastal Mgmt. Specialist Date: May 15, 2014 Signature: LEM Part 2 - Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part I and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept "Have my responses been reasonable considering the scale and context of the proposed action?" Page 3 of 4 MAY 21 2095 ZONING BOARD OF APPEALS No, or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a. public / private water supplies? b. public / private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? Page 3 of 4 MAY 21 2095 ZONING BOARD OF APPEALS Part 3 - Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered "moderate to large impact may occur", or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part I Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-term, long-term and cumulative impacts. ❑ Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from Res ihle cer) YlvMAY S a 2015 Page 4 of 4 ZOIVIfVG B0Altl7 OF APPEALS No, or Moderate small to large impact impact may may occur 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3 - Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered "moderate to large impact may occur", or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part I Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-term, long-term and cumulative impacts. ❑ Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from Res ihle cer) YlvMAY S a 2015 Page 4 of 4 ZOIVIfVG B0Altl7 OF APPEALS APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and emplovees. The purpose 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. YOUR NAME : Sack, David & Stephanie (Last name, fust name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Variance Change of Zone Approval of Plat Other (activity) Building Permit Trustee Permit Coastal Erosion Mooring Planning 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 5% of the shares. YES NO 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 that 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 day oRECEIVED Signature __� ,.k ,ems MAY 21 2095 Print Name David Sack �®NTNG BOARD OF APPEALS Signature � epharn ck AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose 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. YOUR NAME Herrmann, Robert E. Last name, first nam, iniddle initial, unless yo" are applying int the name of someone else or other entity, such as a company. If so, indicate the other person's or company s name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Variance Change of Zone _ Approval of Plat Other (activity) XXX Building Permit Trustee Permit Coastal Erosion Mooring Planning 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 5% 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 that 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) Q an officer, director, partner, or employee of the applicant; or D) the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this15 day of May 2015 Signature Print Name Robert E. Herrmann RECEIVED MAY 21 2015 ZONING BOARD OF APPEALS Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. A 11 applicants for perm its' including Town of Southold agencies, shall com plete this CCAF for proposed actions that are subject to the Town of Southold W aterfront Consistency Review Law. This assessm ent is intended to supplem ent other inform ation used by a Town of Southold agency in m a k in g a d e t e r m in a t i o n o f c o n s is t e n c y, *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both supporting and non - supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. 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. RECEIVED B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 83 W, PROJECT NAME David & Stephanie Sack �00423 MAY 2 12015 ZONING BOARD OF APPEALS The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board ❑ Building Dept. ❑ Board of Trustees ❑ 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) El (c) Permit, approval, license, certification: Nature and extent of action: Demolish and remove existing one-story dwelling, deck, hot tub, and all other related structures located as close as 25 feet from bluff, and construct new two-story, single family dwelling (with attached garage and roof terrace), 305 sf swimming pool/spa, 330 sf on -grade masonry pool patio, and 270 sf walkway/steps/deck to pool, all located no closer than 50 feet from bluff, remove existing sanitary system and install new sanitary system; remove existing driveway and install new grass paver block driveway; install pool enclosure fencing and drainage system of leaders, gutters, and drywells; and establish 1,035 sf nonturf buffer to be planted with native vegetation in place existing lawn within 10 feet of bluff crest, all as depicted on the site plan prepared by Nathan Taft Corwin III Land Surveyor, last dated April 15. 2015. Location of action: 445 Glen Court, Cutchogue Site acreage: 20,214 sf Present land use: Residential, single family dwelling 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: David & Stephanie Sack (b) Mailing address: 101 West 12th Street, Apt. 20F New York, NY 10011 (c) Telephone number: Area Code 917-375-7773 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ® No ❑ If yes, which state or federal agency?NYS DEC, Suffolk County of Health Services C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable RECEIVED MAY 2 T 2095 ZONING BOARD OF APPEALS Attach additional sheets if necessary 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 Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ® Yes ❑ No ❑ Not Applicable The proposed redevelopment of the site, which includes the removal of the existing dwelling and deck located 38 feet and 25 feet, respectively, from the bluff crest and construction of a new dwelling and swimming pool located 54 feet and 50 feet, respectively, from the bluff crest, is consistent with Policy 3 to the extent that the overall separation between the building areas and the bluff will be increased, thus increasing the visual buffer between developed portion of the property and Long Island Sound. The proposed 1,035 square foot non -turf buffer to be established with native plantings in place of existing lawn will also further the policy objective of enhancing the scenic quality of the site adjacent to the bluff. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ® Yes ❑ No ❑ Not Applicable The project is consistent with Policy 4 because it will result in the relocation and placement of new structures on the property substantially farther landward of the bluff, which is stable and well vegetated and retained at the toe of the bluff by a functional bulkhead. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria�� ® Yes ❑ No ❑ Not Applicable RECEIVER See attached addendum. MAY 2 'L ZONING BOAR® OF APP Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. ® Yes ❑ No ❑ Not Applicable LWRP CONSISTENCY ASSESSMENT FORM ADDENDUM FOR DAVID & STEPHANIE SACK 445 GLEN COURT CUTCHOGUE,NY SCTM#1000-83-1-5 Policy 5 A drainage system of leaders, gutters, and drywells will be installed to collect roof runoff and chemical free pool backwash, and an approximately 1,035 square foot buffer area to be planted with native vegetation will be established in place of the existing lawn area within 10 feet of the bluff crest. Together these measures will mitigate both the quantity and quality of surface water runoff reaching the bluff by reducing the area of the property nearest the bluff and wetlands potentially treated with fertilizers, pesticides, and insecticides; increasing the setback of those areas from the bluff and surface waters of Long Island Sound; and creating an area of more permeable soil and natural vegetation adjacent to the bluff that serves both as a sink and filter for stormwater runoff and the contaminants potentially contained therein. Groundwater and ultimately surface water quality will also benefit from the replacement of the existing nonconforming sanitary located only 27 feet from the bluff crest with an upgraded system whose leaching pool will be located more than 75 feet from wetlands. Therefore, the project is consistent with Policy 5, as water quality and supply will be both protected and improved as a result of the mitigation measures associated with the project. Policy 6 Consistent with Policy 6, the proposed project design and incorporated mitigation will result in an improvement to the environmental conditions of the property and thus serve to protect and restore the quality and function of the surrounding ecosystem. Specifically, as a result of the project design, there will be a 132 square foot decrease in dwelling footprint; an overall decrease in lot coverage of 27 square feet; a 16 foot increase in the bluff setback to the primary dwelling from 38 feet to 54 feet; a doubling of the bluff setback to structures from 25 to 50 feet; and a near tripling of the bluff setback to the leaching pool component of the septic system from 27 to 75 feet, all resulting in a substantial increase in conformance with the setback requirements of Chapter 275. The small (305 sf) "plunge pool" type swimming pool conforms to the 50' bluff setback for swimming pools set forth by §275-3(D)(1)(b)(4), and as additional environmental mitigation for the pool, the pool will be equipped with an ECOsmarte® pool filtration system, which utilizes a chemical free ionization process for pool filtration in place of chlorination and other chemical treatment processes. Because this system eliminates the use of chemicals for pool treatment, it also creates chemical free pool backwash, which will be directed into the proposed drainage system. As additional project mitigation, approximately 1,035 square feet of existing lawn maintained within 10 feet of the bluff crest will be removed and replaced with RECEIVED MAY 21 2015 ZONING BOARD OF APPEALS native vegetation, and a drainage system of leaders, gutters, and drywells will be installed to capture and recharge roof runoff. Together, these measures will mitigate both the quantity and quality of surface water runoff reaching the bluff by reducing the area of the property nearest the bluff and wetlands potentially treated with fertilizers, pesticides, and insecticides; increasing the setback of those areas from the bluff and surface waters of Long Island Sound; and creating an area of more permeable soil and natural vegetation adjacent to the bluff that serves both as a sink and filter for stormwater runoff and the contaminants potentially contained therein. In addition, the existing nonconforming sanitary system consisting only of a cesspool located 27 feet from the bluff will be replaced with an upgraded sanitary system consisting of a septic tank located approximately 64 feet from the bluff and a leaching pool located more than 75 feet from the bluff. Finally, a project limiting fence and staked haybales will be installed to contain site disturbance and potential runoff during construction. The project design and incorporated mitigation measures will thus result in decreased lot coverage; increased wetlands and bluff setbacks to structures, sanitary system, and maintained lawn areas; improved septic treatment; increased native vegetation; and increased drainage capacity, thereby resulting in a significant net improvement to the environmental conditions of the property and increased conformance with Chapter 275. Due to its location landward of the bluff crest, the project is exempt from the NYSDEC's permitting requirements pursuant to Article 25 of the New York State Tidal Wetlands Land Use Regulations. RECEIVED MAY % 12015 ZONING BOARD OF APPEALS K See attached addendum. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes 1:1No ® Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ❑ Yes [—]No ® Not Applicable MAY Z 12015 ZONING BOARD OF APPEALS Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's w dependent uses and promote siti if new water -dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 59 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ® Not ApplicableCo��b RECFYVED MAY 2�2015 n ZONING BOARD OF APPEALS PREPARED BY Amended on 811105 TITLE coastal Mgmt. Specialsit DATEMay 15, 2015 Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) WE/I, David & Stephanie Sack (Print property owner's name) New York, NY 10011 residing at 101 W. 12th St., Apt. 20F (Mailing Address) do hereby authorize En -Consultants (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. C4 (Owner nature) Owner's Sign t e) David Sack (Print Owner's Name) Stephanie Sack `_Fb6 RECEIVED MAY 2 12015 s ZONING BOARD OF APPEALS O /O EN -CONSULTANTS May 15, 2014 Southold Town Zoning Board of Appeals Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Attn.: Vicki Toth Re: David & Stephanie Sack 445 Glen Court, Cutchogue SCTM #1000-83-1-5 Dear Ms. Toth: Enclosed for review are a total of (9) separate sets of the following for your review: RECE7.VEi3 Ug % 12015 XONI C, BOARD OF: APPEALS 1. Notice of Disapproval from the Building Inspector. 2. Office Check List 3. Zoning Board of Appeals application including; a. Reasons for Appeals (additional pages 1-3 of 3). b. Applicant's Project Description (written project description attached). c. Questionnaire (with attachment). d. Certificate of Occupancy. e. Agricultural Data Statement (project description attached). f. Short Environmental Assessment Form (location map attached). g. Owner's Consent. h. Applicant & Agent Transactional Disclosure Forms. 4. LMW Consistency Assessment Form. 5. Site Photographs. 6. Survey prepared by Nathan Taft Corwin III, Land Surveyor., last dated April 15, 2015. 7. Architectural rendering and building plans prepared by Barnes Coy Architects & Planners, dated March 6, 2015. 8. Property card. 9. Application fee of $1,500. I hope this information shall allow you to process our request. Should any additional information be required, please do not hesitate to contact our office. Sinc rely, Bober . Herrmann Coastal Management Specialist /khs Enc. 1319 North Sea Road I Southampton, New York 11968 1 p 631.283.6360 1 f 631.283.6136 www.enconsultants.com environmental consulting FORM N'O. 4 TOWN OF SOUTHOLIO BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of ®ccupa'ncy No. Z.37 5 .... Bate ... _ , . ... Vbb ... , 13.... , 19. 79 THIS CERTIFIES that the building located at , 010ro - ''ow -t ............. Street Map No. 4iKO.,1'IIAI&B1ock No........ ..Lot No. !k ......... conforms substantially to the Application for Building Pez mit heretofore filed in this office dated ..... _ ...... JU17 . -.1-f) 19.69. pursuant to whidh Building Permit No.. ,1+386Z dated ........... Ju1y...16... , 19.69 , was issued, and conforms to all of the require - meets of the applicable provisions of the law. The occupancy for which this certificate is issued is . Private. one. -family. dwalling ............................... ...... . The certificate is issued to ..Robert. Long. & -Wifo ...:...€ mars ............ . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval lPeb ..13.f..19,74 by. -R, _ yJ.11a.. . Undo Cert # V765472 . Building Inspector Hausa # 441 RECEYVEo MAY 2.1 2015 ZONING BOAkD OF APP,LS � .. C � _ _. _ a _.l 3k. ii •. l 5. tl n.. map 45 �uffalk C®. C3 D3 �a,sa - E3 Duck Pond Site (Access Vial !� — -- -- -1— d Subject Property) I 41211- 71 1211- >r AY °Q \, • `�S � per✓p 35 �p1VIN� BDA�D Dv 90 y I J / P i ��ys G�U/ \9NFN r S t1. 14FF SEa� \\ FP OREGON B,d Me 3 o os y/\\✓� \ stella di Borgh 3 V aras F rr use , -Q1 Sherwood rouse �s Bailie Beach/ ` e oo F Vineyards Pakri P Y.S�, �p4 P� \F \ \ 1 f o EASTi,ATYtTUCK ` 84ir\ I ROSE LA', �. \ 1,' 48 TRK_ - 'k, 133 r'\\m 25 A, 00 V � �F sELAtl sarnE��op0 ` ys % 19 �J ` r �9 RaQOM ;}v Vu— �' -' ' 2 9 e ` '• i'I�n CKSON fox XRp m Mantuck HS Ro _/f \ y/'g•--'f !-' ^'4 (-� F- ✓� 99 PO - T 'x SII > , i tA`�OP4 i zii =.A�y HA(/q — _ Cy F✓✓ P v�<9,°� ,1 ' -^'c� S 32 an IF zl �) o2y O k ' \ a\ o f P h/Ii1SOL �2F r J atutuck v a � •- ' i �� c�% eFq 'F 84 m sr\ Sta V W �- Zvi (UPToN j fVIATTITUCKNonoil g,�� j to _ A PB C 4 ti TRK \ I , i _ \esu r 14 90 �- Z5 '` �w`� - sr -- - lc - y\�9 STEPHANIE AND DAVID SACK, 445 GLENN COURT, CUTCHOGUE tog L9 0P Id a rernoveu in javur oj new uweueng tucueeu cimer to ruuu. Figure 2. Looking southeast from bluff at waterside of existing dwelling and deck to be demolished and removed in favor of new dwelling located farther from bluff. STEPHANIE AND DAVID SACK, 445 GLENN COURT, CUTCHOGUE Figure 3. Looking northwest overtop of bluff and toward Long Island Sound from existing attached deck to be removed. Figure 4. Looking southeast from Long Island Sound shoreline at vegetated bluff face and bulkhead/retaining wall at toe of bluff. 'Vk AW V7 Avti -Ad- AAP Ncr I IV, 11 m;, 6; - - ')14 'Ab 1994 jA 445 Glen Ct ir 0 2 oogle Google earth 41-02'08 92' N 72"31'21 5 7' %, olov a6 It Eye alt 1184 It . _ TOWN OF SOUTHOLD PROPERTY RECORD CARD ,1- 9 WNER STREET 5 VILLAGE DIST. SUB. LOT fiZ L~/V C O LJe • 1 ORMER OWNER N E ACR. �C) SW E OF BUILDING T r.,�... 14 I a SEAS. VL. FARM COMM. CB. MISC. Mkt. Value t nv,'D IMP. TOTAL DATE REMARKS 66 4 d176i► I ti4-7 t 6 Lr,=-�2 3 a I zn 'E5� , 40 AGE BUILDING CONDITION'jIOU EW NORMAL BELOW ABOVE RECEIVED 4RM Acre Value Per Value MAY 1 201g Acre I 1 ZONING BOAR® OEAPP--rAjS ----------- lanae 2 [able 3 )odland ampland FRONTAGE ON WATER ishland FRONTAGE ON ROAD use Plot DEPTH BULKHEAD 'al DOCK ELIZABETH A. NIEV LLIE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax(631)765-6145 Telephone (631) 765-1800 www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: May 26, 2015 RE: Zoning Appeal No. 6865 Transmitted herewith is Zoning Appeals No. 6865 for David & Stephanie Sack -The Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Reasons for Appeal Addendum for David & Stephanie Sack, the Applicant's Project Description, Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form, Applicant/Owner Transactional Disclosure Form, Agent/Representative Transactional Disclosure Form, LWRP Consistency Assessment Form, LWRP Consistency Assessment Form Addendum, Notice of Disapproval to Chris Caruso for Sack Dated May 6 of 2015, Board of Zoning Appeals Application Authorization from David & Stephanie Sack for En -Consultants, A Cover Letter from En -Consultants to the Southold Town Zoning Board of Appeals Dated May 15 of 2014, Certificate of Occupancy for No. Z-3755 Dated February 13 of 1970, An Area Map of the Site, 3 Pages of Photos, 1 Page of a Google Earth Map, Town of Southold Property Record Card for Tax Map No. 1000-83.-1-5, 2 Photos of Proposed Structure, Survey of Property for Tax Map No. 1000-83.-1-5 Dated April 15 of 2014 for Proposed House, 7 Pages of Drawings; Page 1 is a Drawing of the Proposed Site Plan; Page 2 is a Drawing of the Proposed First Floor Plan; Page 3 is a Drawing of the Proposed Second Floor Plan; Page 4 is a Drawing of the Proposed Roof Plan; Page 5 is a Drawing of the Proposed Garage/Basement Plan; Page 6 is a Drawing of the Proposed East Elevation; Page 7 is a Drawing of the Proposed West Elevation. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) ®ATE: 5/22/15 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVE 6865 Sack, David & 6469 $1500.00 Stephanie �AAY 2 F 2015 !.5 _ - as > � - - _.. - _•. -_ -.r 464.69 �) �" -=•':. ^"' . A.. _ �---fJ:B"-, t'i4r. N �� y-"q'�`. -f^ r-` �' - � 4� __ _. _ - +� 'tom .% ��+ar��..l�'r.�:w •o��.. a �..a '•y'�Y...x:�^�•�'-".c>''am'- �'''vn''�'..v f EN=CONSULTANTS N � +.� �'Y _ - _ ,- ' mss`" 't•' �} _ •� 1�= = v� _ _; • _ _ Amrwo..w. _ ��319 NORTht.8EA ROAD -PN: (631)283- `•� , �.� « < SOUTHgMPT NY 49 50666.214 s 1 }..5: +L`Y ffi°Ua• -Rb •fi��ci.i6/��`+w �yo. .. ..e. �� +v"�-�a _ :. .. -. •• � � ✓ :` - ' �` � �:4 ..�~>. �y�� ,:;;;� �=�.•G � __ `�, ,.� '.�.. -`n. ,�.�''.=� - rye �?. rQ �y%�a F' `2l•.r — � DATE .,.. _ _ -"s di .�. _ _ - � •�c fy - "'s`';�-x,. .a„�o . sy�.v. ;;-�-ti�.� •- _ yam_._` -ao. _ _ .._ ._ `. .-. � }. - � - --0,_ a yam, 4.f,.a �,. - .,,�', yr �., � �" _....�. � .:• - _ � ,'• ��'a7��:{ ��/�'� •.«« c� .. _ zo' LA' Rs= �' ��Kb •.�. '.ss�^...-`r��'$�'R,�-�{�Ni°' � �.i... r y .i-. iso= -.S _ .a _�_W � -��`2x� � _ �Na EaAkP�(,'^ TO%�"y'��o'MAMrTOMRW �� _ - � _ _ - , - _� o �_ - •'--. ^-` '1'� _ _ate q•.. '�.r'�' ' .� i.,:+�. » ", _ _ s•' _y - - j _-- `..`�i'..-o;> ! ..•��_ :. >. -Q��,.,'w�`� fid..,. �a ` � - • �_ �� r- -+G�'=+.J/!�'•-=�' �,r'0�4e.�yY��r.�m�lr+ois �;P'�T' _ _ ate. $i{s4... / !.5 _ - as > � - - _.. - _•. -_ -.r Date: 05/26/15 Quantity 1 Notes: Payment Type CK #6469 ***RECEIPT*** Transactions ZBA Application Fees Amount $1,500.00 Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Sack, David & Stephanie 101 West 12th St Apt 20f New York, NY 10011 Paid By Sack, David & Stephanie Receipt#: 185884 Reference Subtotal 6865 $1,500.00 Total Paid: $1,500.00 Clerk ID: SABRINA Internal ID: 6865 AB BLUFF ST ILITYAND EROSION CONCERNS N. Yannios, o Yannios (, PR. OF PPP �S 70glAG eo Yesterday o To day Tomorrow? Areas of Concern o Erosion/Recession of bluff • Slope Stability • Vibrations and other factors during construction • Current Proximity to edge of Bluff • Proportion between manmade structures to size of property • Proposed Construction • Change in proportion manmade to natural proportions 1Pyj celv=® O ,0\ It IMS Z00,34 '5000 OF Appepv 20 Years Ago o 20 years ago • Residents since early 1970s • Significant erosion observed over time • Upper Bluff • Shoreline Overhead view o Shoreline View ,eceivE® JUL 10 20 5 ZONZ%G BOAR OP APPEALS • /!� R R ' �Yannicis Res dente W 72°31'30" • K age U.S. Geological Survey i • Z9I0ft Good rth Graph: Min, Avg, Max Elevation: 11, 30,49 tt X Range Totals: Distance: 124 ft Elev GainjLoss; 18.S ft, -41.2 ft Max Slope: 99.3%, - Avg Slope: 0.4%, - tt Ir* WJ72°31-30" JF -, • age U.S. Geological Survey . 24D ft +� Graph: Min, Avg, Max Elevation: 11, 30, 49 ft Range Totals: Distance: 124 ft Elev GalnjLoss: 18.5 ft, -41.2 ft Max Slope: 99.3%, - Avg Slope: 0.4%, - ft 2S it 11 ft d Yannios Residence + , I Good th � R �%w.y ; • X 21 it 50 ft 82.0 ft 100 ft 124 ft . t )Yannios.Residence :04 _ ,. - - W 72 3 V3 0 Graph: Min, Avy, Max f levatlon: 15, 32, 49 ft Range Totals: Distance: 126 ft Etev GainlLoss: 17.5 it, -44 R Max Slope: 99.4%, - Avg Slope. 0.4%, - 49 1t 40 ft 40 it - 30 ft IS it . %a le earth X 0.0% 10 it 20 ti 31.1 ft 40 it 50 rt eo ft 70 ft HO ft 40 ft ton ft 110 ft 126 it III �ti ;21';O' A nmo,, Remdence'' y. Image r tt :,Goorth Graph: Min, Avg, Max Elevatwn: 11, 30. 49 it X Range Totals: Distance: 124 it Elev Gain/Loss: 18.5 ft, -41.2 ft Max Slope: 99.3%, - Avg Slope: 0.4%, - Present Shoreline RECEIVED JUL 10 2015?(96 ZONING BOARD OF APPEALS Present conditions RECEIVED JUL 10 2015 ZONING BOARD OF APPEALS Upper Portion RECEIVED j JUL 10 2015 0Y(OD ZONING BOARD OF APPEALS g ♦Y -. A. a►T�� •lam �� 1 FAx� • Zoning rules have been followed • Environmental rules have been followed • Bluff destabilization • Demolition • Vibrations • Excavations • Heavy Equipment o What steps taken to mitigate destabilization of bluff? • By construction company and architects? • How construction is done? -, � RECEIVED JUL 1 ® 2015 ZONING BOARD OF APPEALS JUL 10 to 13 ZONING BOARD OF APPEALS ld, T7 V C, JUL 10 to 13 ZONING BOARD OF APPEALS BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider SO Re 110 http://soutlioldtown.noi-tli fork.net Southold Town Hall 53095 Main Road - P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY l 1971 ZONING BOARD OF APPEALS TOWN OF SO11J`li'HOLD Tel. (631) 765-1809 - Fax (63.1) 765-9064 Date: August 10, 2015 To: Birch Hills Property Owners Re: Soil & Water report Attn: Bryan The Chairperson requested I provide a copy of the enclosed report for your information and records. Vicki Toth, Assistant Zoning Board of Appeals Town of Southold birch I';- - 11s `Property Owners lssociatiort, Inc. .! 5jrch �,urte�, eutchogu% NewMae York 11935 July 2, 2015 To Whom it May Concern: The undersigned members of the Board of Directors of the BIRCH HILLS PROPERTY OWNERS ASSOCIATION, INC. have no objections to the variances requested by Stephanie and David Sack, owners of Lot 4 in the above association. Sincerely, President Loi r 5 "V-4 �C/-- Mar us Bryan, Treasurer "4- 24 3 j� �- GV Frederick Lubanski, Director 07/01/2015 17:00 FAX 6312836130 To Whom. it May Coneerr : EN-CONSULTANTS,INC. 2 cowftogu&3 New R 002 lGTk 11935 JUL C, The undersigned memhena of the Board of Directors of the BIRCH( HILLS PROPERTY" OWNERS ASSOCIATION, INC. have no objections to the variances requested by Stephanie and David Sack, owners of Lot 4 in the abc,ve association. Sincerely, Costeflo, Vice Prey icient Mar ass Bryan, Treasurer Frederick Lubaosid, Dire-Aor 06/26/2015 13:48 FAX 6312636136 EN-CONSULTANTS,INC. Sa� Zoning To: Town of Southold r f 5G, � � e� � c� Appeals Re: David and Stephanie Sack 445 Glen Court Gutchogu -�, NY 11935 Date: June 14..'.015 To Wham it iso, Concern, U 002 by", - RECEIVED JUN 2 6 2015 BOARD OF APPEALS ...._.,I 1elrr- irc Property Owners- Association. I am writing to voice my support for the proposal changes to the Sack residence at 445 Glen Court, Cutchogue, NY 11935. We are aware of the Sack proposal to the ZBA, and understand that they requln:3 voriance reliefs We do not appose these changes. We feel that this projecl� will represent an improvement tc the neighborhood, and we support their application. Sincerely, iadf r Address: Pirojey .... yl ,�> 9-1 s 06/26/2015 13:48 FAX 6312836136 EN-CONSULTANTS,INC. To: Town of Southold Zoning Board of Appeals Re: David and St-i;�phanle Sack 445 Glen COL rt Cut hogue. I N 11935 Dote. June 14, 201 5 To Whore It may C ncem, [a 003 62ECEIVED JUN 9 a �,: I am a homeowner within the Birch Hills Property Owners Association. ,*% g to voiceMy support the ProPosed changes to the Sack residence at 445 Glen Court, Cutchogue, NY 11935. Sincerely, °� 06/26/2015 13:48 FAX 6312836136 EN-CONSULTANTS,INC. To: Town of Southold Zoning Board of Appeals 16004 Re: David end Stephanie Sack 445 Glen Court Cutchogue, NY 11935 _ RECEIVED Dote: June 4, 2015 JUN 2 6 1(1;.5 t30ARD OF APPEALS To Whom it May Concern, I am a homF�owner within the Birch Hills Property Owners Association. I ani writing to voice my support for the proposed changes to the Sack residence at 445 Glen Court, Cutchogue, NY 11935. We are awcre of the Sack proposal to the ZBA, and understand that they require variance relief. We do not oppose these changes. W,� feel that this project will represent an improvernnerit to the neighborhood, and we support their application. Sincerely, Printed Name: Andrew Barsen Address: 305 Birch Lane Cutchogue, NY 11935 Toth, Vicki From: Barbara Ripel <ripelbd@optonline.net> 4 1-� Sent: Monday, June 15, 2015 12:46 PM RECEIVED To: Toth, Vicki 'JUN n 5 2015 Subject: Application 6865 ZONING BOARD OF APPEALS Dear Ms Toth Recently I left a letter to the Zoning Board concerning the above noted application for variances. That letter noted problems with the original bulkhead but there is documentation that it was rebuilt in about 1992. 1 still am very fearful about the stability of the bluff. I have received a copy of the plot plan and note the lowered position of the cement monument on the back left side of the property indicating erosion. The Birch Hills Property Owners Association annually surveys the park and playground area and corrects erosion of that area but there has been no such effort on the bluff attached to the applicants' lot We have had to repair and replace parts of the staircase due to erosion as well as rebuild parts of the bluff. Therefore I am concerned that vibration from the proposals may cause serious damage which would be difficult if not impossible to repair Unfortunately I will be out of the country at the time of the hearing. I will be available after July 5th Thank you for your attention to my concerns Sincerely Barbara D Ripel 295 Vista Place Cutchogue Sent from my iPad BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider hapd/soul holdtown.north fork.net Southold Town Hall 5309.5 Main Road ® P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BARD G:D11-+' APPEALS TOWN OF SOUTHOLD Tel. (631) 765-9809 a Fax '631) 765-9064 June 16, 2015 i � 1 Suffolk County Soil and Water Conservation District 423 Griffing Ave., Suite 110 Riverhead, New York 11901 Attn: Paul TeNyenhuis Re: ZBA File Ref. No. 6865 — Sack, David Dear Sir or Madam: 4- �9(Z We have received an application for a project adjacent to Long Island Sound in Southold, NY, and shown on the enclosed site map. The hearing on this application is expected to be held on July 2, 2015. Enclosed is a copy of the site map, together with the application and a copy of the area map. May we ask for you assistance in an evaluation and recommendations for this proposal. Thank you for your assistance. Very truly yours, Leslie Kanes Weisman Chairperson l_-2 N Encls. 1 ry To the Southold Town Zoning Board June10, 2015 RECEIVED JUN 12 20106r Concerns about the proposed use of the Sachs Property, 445 Glen Court, Cutchogue, New York The proposed demolition of the house worries me that the bluff is not stable enough to endure this effort. The bulkhead at the base of the cliff was not built professionally but by a well intentioned gentleman in his seventies. There must be some record of the construction by Mr. Robert P. Long some years ago (probably over 30 years). The stability of the bluff would also have to resist vibrations from an underground garage with cars pulling in and out of it at an angle that suggests revving the engine to go up the slope. The rooftop deck probably infringes on the privacy of neighbors yards. Will there be some assurance that this will not happen? Who will be responsible if there is damage to the bluff, park and playground area, steps, road and the Association's bulkhead. These are very expensive repairs and/or reconstructions. The Association has spent years and much money maintaining the bluff. A written assurance of payment by the Sachs for repairs and replacement is necessary. Finally, the Association rules says that the plans must be made available to all members of the Association for approval and comments. This is beyond approvals from the Town and DEC. Thank you for your attention to these concerns. Barbara D.Ripel 295 Vista Place Cutchogue New York 11935 ripelbd@optonline.net 631-734-5825 BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider http://southoldtown.northfork.net Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JULY 2, 2015 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, JULY 2,2015: 1:30 P.M. - DAVID and STEPHANIE SACK #6865 - Request for Variances from Article XXIII Section 280-124 and Article XXII Section 280-116 and the Building Inspector's May 6, 2015 Notice of Disapproval based on an application for building permit for demolition of existing dwelling and construction of a new single family dwelling, at; 1) less than the code required front yard setback of 40 feet, 2) more than the code permitted maximum lot coverage of 20%, 3) less than the code required top of bluff setback of 100 feet, located at: 445 Glen Court (adj. to Long Island Sound) Cutchogue, NY. SCTM#1000-83-1-5 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vic ki.Toth@Town.Southold.ny.us Dated: June 8, 2015 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of _David & Stephanie Sack (Name of Applicants) SCTM Parcel # 1000-83-1-5 COUNTY OF SUFFOLK STATE OF NEW YORK AFFIDAVIT OF MAILINGS I, Robert E. Herrmann, residing c/o En -Consultants, 1319 North Sea Road, Southampton New York, being duly sworn, deposes and says that: On the 12`h day of June , 2015 , I personally mailed at the United States Post Office in Southampton , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the (X) Assessors, or( ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way f record, surrounding the applicant's property. I (Signature) Sworn to before me this Jb"dayof June, 2015 QA-� Uptu- 11 (Notary Public) PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner name and addresses for which notices were mailed. Thank you. AFFIDAVIT OF MAILING DAVID & STEPHANIE SACK SCTM: 1000-83-1-5 Renee Gendron 4710 Mayflower Way W. Estero, FL 33928 SCTM: 1000-83-1-35 Yannios Family Trust c/o Thomas Yannios 7 Stag Place Lincroft, NJ 07738 SCTM: 1000-83-1-6 Birch Hills Property Owners Attn.: Bryan 255 Glen Court Cutchogue, NY 11935 SCTM: 1000-83-1-4 Barbara D. Ripel 295 Vista Place Cutchogue, NY 11935 SCTM: 1000-83-1-20 RFL Properties P.O. Box 973 Cutchogue, NY 11935 SCTM:: 1000-83-1-25 omplete items 1, 2, and 3. Also complete :m 4 if Restricted Delivery is desired. rint your name and address on the reverse o that we can return the card to you. ttach this card to the back of the mailpiece, on the front if space permits. ticle Addressed to: _ Barbara D. Ripel 295 Vista Place Cutchogue, NY 11935 2. Article Number t7ransfer from service label) PS Form 3811, July 2013 A. ® Agent 0 Addressee Waived by (Printed e) C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes if YES, enter delivery address below: ❑ No 3. Service Type aGertifled Mail° ® Priority Mail Express ❑ Registered -Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 7014 2120 2203 8001 5251 Domestic Return Receipt N Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. E Print your name and address on the reverse so that we can return the card to you. ® Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: RFL Properties P.O. Box 973 Cutchogue, NY 11935 A. Signature 0 Agent X ❑Addressee B. Received by (Printed Name) I C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: 0 No 3. Service Type gi�Certified Mail- ® Priority Mail Express ❑ Registered Weturn Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (rransfer from service labeq 7 014 2120 0003 8001 5020 PS Form 3811, July 2013 Domestic Return Receipt ® Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ® Print your name and address on the reverse so that we can return the card to you. ® Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Birch Hills Property owners Attn-. Bryan 255 Glen Court Cutchogue, NY 11935 7. -' ® Agent X ❑ Addressee B. R eived bykl& (Printed Name) C. Date of Delivery D. Is delivery address different from item 1? M e if YES, enter delivery address below: 3. Service Type Certified Mall- 13 Priority Mail Express" ❑ Registered �Mturn Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ® Yes 2. Article Number (transfer from service labeq 7 014 2120 0003 8001 5044 PS Form 3811, July 2013 Domestic Return Receipt =0� LIMI.S. P'©stal Servce �vMMMIL° RECEIPT r delivenv information, visit our website at www usps.com®. M CO)FF1 cc Ips L U r Postmarle M Return Receipt Fee Here IC --:3 (Endorsement Required) C O Restricted Delivery Fee (Endorsement Required) C) ru Certified Fee a Total Postage ru Rene Gendron Return Recelpt Fee -r Sent To 4710 Mayflower Way W. C3 Estero, FL 33928 O(Endorsement Required) orrPOBoxpMo.' / Here T`/ City, State, ZIP Restricted U.S. Postal Service' CERTIFIED MAIL RECEIPT Domestic Mail Only For delivery information visit our website at www.VMS aom® a CO)FF1 cc Ips L U r C3Postage $ M Certified Fee ® Return Recelpt Fee Postmark O(Endorsement Required) / Here T`/ Restricted Delivery Fee C] (Endorsement Required) nj r -I Total Postag ru Yannios Family Trust = Sent To c/o Thomas Yannios QStreet&Apt A 7 Stag Place r- or PO Box No. Lincroft, NJ 07738 City Stefe,Zlt CCC'GdUillRIM ML@OF MEMED IM MZUfflWUOWR. nj r R �Jl A L U Z, NE �dd C7 Postage $CO Certified Fee M Postmark r� ® Return Receipt Fee Here ® (Endorsement Required) CZI Restricted Delivery Fee y (Endorsement Required) �/✓ ,A` ru r -I Total Postage ru ll Sent To RFL Properties Street x,4pt._Itl1 P.O. Box 973 or PO Box No. Cutchogue, NY 11935 Clay State, ZIP " (DIEMIRIE10 Ln C3 Ln r � �� 8966E C3 Postage $ cc Certified Fee G, MPostmark ® Return Receipt Fee Here - C ® (Endorsement Required) C] Restricted Delivery Fee � C] (Endorsement Required) ��p' ru r9 Total Postage. ru = Sent To Barbara D. Ripel ra C3 Streei&Apt-Mo 295 Vista Place or PoBox No. Cutchogue, NY 11935 City State,ZlP+ IJoC'Jo ° 0 ° O i @@ VIM aw tar)a Postage $CO �� 89664 M Certified Fee M ReturnReceipt Fee Postmark to C) (Endorsement Required) Here C1 C Restricted Delivery Fee (Endorsement Required) ru mac" rq Total Po ru -I"Sent To Birch Hills Property Owners Attn: Bryan C3 Streefxd 255 Glen Court - r- or PO Box Cutchogue, NY 11935 Reverse for Instructimnc_j * Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. ® Print your name and address on the reverse so that we can return the card to you. ® Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ;y Yannios Family Trust c/o Thomas Yannios 7 Stag Place Lincroft, NJ 07738 9 • A ® v A. Signature X ❑ Agent 111 Addressee B. Received y (Printed Name) C. Date oDel've ( �� D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ,.Certified Mail° ® Priority Mail Exprese Registered ,QAeturn Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label ?014 2120 0003 8001 503? PS Form 3811, July 2013 Domestic Return Receipt O O EN -CONSULTANTS June 16, 2015 Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971-0959 Re: David & Stephanie Sack 445 Glen Court, Cutchogue SCTM # 1000-83-1-5 Dear Sirs: In connection with the above referenced matter, enclosed please the original fully executed and notarized Affidavit of Mailing with parcel numbers, names and addresses noted as well as original green/white receipts postmarked by the USPS. Should you have any questions, please do not hesitate to contact the office. Thank you. Sincerely, iUe'(I-Iwlions Encls. 1319 North Sea Road I Southampton, New York 11968 1 p 631.283.6360 1 f 631.283.6136 www.enconsultants.com environmental consulting TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of David & Stephanie Sack (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel # 1000-83-1-5 445 Glen Court, Cutchogue COUNTY OF SUFFOLK STATE OF NEW YORK AFFIDAVIT OF POSTING I, Robert E. Herrmann, Fesiding c/o En -Consultants, 1319 North Sea Road, Southampton New York, being duly sworn, deposes and says that: -+0 On the 19 day of June , 2015 , I personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) — facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven (7) days prior to the date of the subject hearing date, which hearing date was shown to be July 2 2015 L, (Signature) Sworn to before me this aye day of Sum 12015 ANNE ILLI®NS Notary Public, State of New York No. 01 IL5084744 Qualified in Suffolk Cnun+v (Notary Public) Commission Expires q, $j 01-017 *near the entrance or driveway entrance of my property, as the area most visible to passerby. f 'j T I e t� aye-. s` - - � a • .IEri� Y �7,.'r . -�' '- _. ..! -. ; "5r',Th'R►ter _�r , y ,•s, `-� � t tom.., � �. : --+--�. q �� .. O / EN -CONSULTANTS June 24, 2015 Via Telefax 9631) 765-9064 & USPS Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971-0959 Re: David & Stephanie Sack 445 Glen Court, Cutchogue SCTM: 1000-83-1-5 Dear Sirs: In connection with the above referenced matter, enclosed please find the original fully executed and notarized Affidavit of Posting as well as photograph. Should you have any questions, please do not hesitate to contact the office. Thank you. Sincerely, dw'o uteta-_ Anne Illions Encs. 1319 North Sea Road I Southampton, New York 11968 1 p 631.283.6360 1 f 631.283.6136 www.enconsultants.com environmental consulting l4u"'Tli,E CoF HEARIi4ti The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: AME SACK, DAVID & STEPHANIE #6865 IkIAP # 83.-1-5 'VARIANCE SETBACKS; LOT COVERAGE BEQUEST DEMO EXISTING CONSTRUCT NEW )ATE: SINGLE FAMILY DWELLING THURS, JULY 29 2075 1 :30 PM If you are interested in this project, you may review the file(s) prior to ;he hearing during normal business days between 8 AM and 3 PM. BOARD=T01AINOF SOUTHOLD 765-1809 #12311 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 25th day of June, 2015. Principal Clerk day of V 2015. CHRISTINA VOLINSKI NOTARY PUBLIC -STATE OF NEW YORK No, 01V06105050 Qualifled In Suffolk County 11:45 A.M. - WILLIAM and IVA M. FELIX #fi867 - Request for Variance from Article XXIII Section 280-124 and .the Building Inspector's May 13, 2015 Notice of Disapproval based on an ap- plication for building permit for a 2 story addition to existing single family dwell- ing, at; less than the code required mini- mum side yard setback of 10 feet, locat- ed at: 760 Oak Street (adj. to Eugene's Creek) Cutchogue, NY. SCTM#1000- 136-1-39 1-.00 P.M. - JAMES MORGAN #6866 - Request for Variance from Article XIII Section 280-124 and the Build- ing Inspector's May 15, 2015 Notice of Disapproval based on an application for building permit for additions and altera- tions to existing single family dwelling, at; less than the code required minimum side yard setback of 15 feet, located at: 600 Harbor Lights Drive Southold, NY SCI'M#1000-71-2-13 1.15 PM - MICHAEL DUFF #6868 - Request for Variance from Article XXIII Section 280-124 and the Build- ing Inspector's May 11, 2015 -Notice of Disapproval based on an application for building permit for additions and al- terations to existing single family dwell- ing, at; less than the code required front yard setback of 35 feet, located at: 145 Lakeview Terrace (aka Ththill's Path) (corner Private ROW) East Marion, NY. SCTM#1000-31-9-10 1.:30 P.M. - DAVID and STEPHANIE 'SACK #6865 - Request for Variances from Article XXIII Section 280-124 and Article =1 Section 280-116 and the Building Inspector's May 6, 2015 Notice -of Disapproval based on an application for building permit for demolition of ex- isting dwelling and construction of a new single family dwelling, at; l) less than the code required front yard setback of 40 feet; 2) more than the code permitted maximum lot coverage of 20%, 3) less than the code required top of bluff set- back of 100 feet, located at: 445 Glen Court (adj. to Long Island Sound) Cu- tchogue, NY. SCTM#1000-83-1-5 res February 28, 2016 1:4$ P.M. - PASQUALE ANTHONY DeFIORE #6870 - Request for Variances from Article XXIII Section 280-124 and the Building Inspector's Amended June 5, 2015 Notice of Disapproval based on an application for building permit to amend permit #39646Z (construction of a single family dwelling) to include ad- ditional porches, decks and an accessory in -ground swimming pool, at; 1) less than the code required front yard setback of 40 feet (Sound View Avenue), 2) less than the code required front yard setback of 40 feet (Ryder Farm Road), 3) lot cover- age at more than the code maximum al- lowed of 20%, located at:110 Sound Vie,,v Avenue (comer Ryder,Farm Road) Ori- ent, NY. SCTM#1000-15-3-33 The Board of Appeals will hear all persons or their representatives, desiring to be heard at each hearing, and/or desir- ing to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than desig- nated above. Files are available for re- view during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at, (631) 765-1809, or by email: Vicki. Toth@Town.Southold.nyus. Dated: June 8, 2015 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIR- PERSON BY: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 12311-17 6/25 Sworn to before me this LEGAL NOTICE SOUTHOLD TOWN ZONING yv an;;0 'A M STEVEN- s nd AN- 316860 - (Adjourned BOARD OF APPEALS_F_��?�YER TIiURSDAY JULY 2, 2015 from PH.614/15),Request for Variances PUBLIC HEARINGS under.,Aii le III •Code .Section 280-14 and the Building, Inspector's 9, NOTICE IS HEREBY GIVEN, pur- _March 2015 Notice of Disapproval -for a build-. suant to Section 267 of the Town'Law and Town Code Chapter 280 (Zoning), ing permit for a subdivision, at: ProQosed Town of Southold, the following public I t I - (lot 10)-1) less than the code re- quired minimum lot size of 80,000 sq. ft., hearings will be held by the SOUTH- OLD TOWN ZONING BOARD OF 2) less than the code required minimum APPEALS at the Town Hall, 53095 lot width of 175 feet, Proposed Lot 2 - (lot 97- 1) less than the code required Main Road, P.O. Box .1179, Southold, New York 11971-0959, on THURSI)Al( minimum lot size of 80,000 sq. ft -,2) less JULY 2, 2015. than the code required minimum lot 10.00 A M - WILLIAM A PENNFY depth of 175 feet, located at: 4075 Para - Iii and SUKRU ILGIN (CV) #6839 - dise Point Road (adj. to a boat basin) (Adjourned from 6/4/15 PH) Request for Southold, NY, SCTM#1000-81-1-10.1 10,45 A.M. - SOUTHOLD FARM ' Special Exception under Article XI Sec- tion 280-4813(12) to construct gasoline and CELLAR INC (MEADOR) #68b1 i service station with convenience store. - (Adjourned from 6/4/.15 PH) Request for Variance under Article III Code Located at 45450 County Road 48 (aka North Road, corner Young's -Avenue) Section, 280-13A(4) and the. Building Southold, NY. SCTM#1000-55-5-2.2 Inspector's April 9, 2015 Notice of Dis- 1.0:00 A.M. - WILLIAM A. PEN- approval for a building permit for con- NEY, III and SUKRU ILGIN (_CV), struction of "an agricultural production building, at: 1) less than the code tnrni- 6840 - (Adjourned from 6/4/15 PH) Request for Variances from Article XI'mum required setback of 100 feet Sections 280-50A and 280-50C and the a major road, located at: 860 Old Forth Road Southold, NY. SCTM#1000-55-1-7 Building Inspector's September 24,. 2014, amended October 17, 2014 Notice 11:10A-M-JANIOSPINOLA#6869 of Disapproval based on an application - Applicant requests a Special Exception under Article III, Section 280--13B(13). for building permit to convert existing The Applicant is the owner requesting vehicle detailing, RV sales and service shop into gas station with convenience authorization to establish an Accessory store and construct new pump islands, at; Apartment in an accessory structure; la - cated at: 1235 Equestrian Avenue (cor- 1) proposed front canopy at less than the rode required setback of 100 feet from ner Bell Hill Avenue) Fishers Island,NY the right of way, 2) proposed front pump SCTM#1000-9-4-13.1 11:30 A.M. - DENIS and NANCY island at more. than the code permitted 60 linear feet of frontage on one street, COLE #6864 - Request -for Variance located at:,45450 County Road 49 (aka I2oarl;;cocner from Article XXII Section 280-11611 and the Building Inspector's April 23, North Young's Avenue) Crnirhold. NY SCTM#1000-55-5-2.2• 2015 Notice of Disapproval based -on an application for building, permit for addi- tions/alterations to existing single family dwelling (deck and in -ground swimming pool), at; 1) less than the code required bulkhead setback of 75 feet, located at: 655 Albacore Drive (adj. to a canal) Greenport, NY. SCI'M#1000-57-1-17 Principal Clerk day of V 2015. CHRISTINA VOLINSKI NOTARY PUBLIC -STATE OF NEW YORK No, 01V06105050 Qualifled In Suffolk County 11:45 A.M. - WILLIAM and IVA M. FELIX #fi867 - Request for Variance from Article XXIII Section 280-124 and .the Building Inspector's May 13, 2015 Notice of Disapproval based on an ap- plication for building permit for a 2 story addition to existing single family dwell- ing, at; less than the code required mini- mum side yard setback of 10 feet, locat- ed at: 760 Oak Street (adj. to Eugene's Creek) Cutchogue, NY. SCTM#1000- 136-1-39 1-.00 P.M. - JAMES MORGAN #6866 - Request for Variance from Article XIII Section 280-124 and the Build- ing Inspector's May 15, 2015 Notice of Disapproval based on an application for building permit for additions and altera- tions to existing single family dwelling, at; less than the code required minimum side yard setback of 15 feet, located at: 600 Harbor Lights Drive Southold, NY SCI'M#1000-71-2-13 1.15 PM - MICHAEL DUFF #6868 - Request for Variance from Article XXIII Section 280-124 and the Build- ing Inspector's May 11, 2015 -Notice of Disapproval based on an application for building permit for additions and al- terations to existing single family dwell- ing, at; less than the code required front yard setback of 35 feet, located at: 145 Lakeview Terrace (aka Ththill's Path) (corner Private ROW) East Marion, NY. SCTM#1000-31-9-10 1.:30 P.M. - DAVID and STEPHANIE 'SACK #6865 - Request for Variances from Article XXIII Section 280-124 and Article =1 Section 280-116 and the Building Inspector's May 6, 2015 Notice -of Disapproval based on an application for building permit for demolition of ex- isting dwelling and construction of a new single family dwelling, at; l) less than the code required front yard setback of 40 feet; 2) more than the code permitted maximum lot coverage of 20%, 3) less than the code required top of bluff set- back of 100 feet, located at: 445 Glen Court (adj. to Long Island Sound) Cu- tchogue, NY. SCTM#1000-83-1-5 res February 28, 2016 1:4$ P.M. - PASQUALE ANTHONY DeFIORE #6870 - Request for Variances from Article XXIII Section 280-124 and the Building Inspector's Amended June 5, 2015 Notice of Disapproval based on an application for building permit to amend permit #39646Z (construction of a single family dwelling) to include ad- ditional porches, decks and an accessory in -ground swimming pool, at; 1) less than the code required front yard setback of 40 feet (Sound View Avenue), 2) less than the code required front yard setback of 40 feet (Ryder Farm Road), 3) lot cover- age at more than the code maximum al- lowed of 20%, located at:110 Sound Vie,,v Avenue (comer Ryder,Farm Road) Ori- ent, NY. SCTM#1000-15-3-33 The Board of Appeals will hear all persons or their representatives, desiring to be heard at each hearing, and/or desir- ing to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than desig- nated above. Files are available for re- view during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at, (631) 765-1809, or by email: Vicki. Toth@Town.Southold.nyus. Dated: June 8, 2015 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIR- PERSON BY: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 12311-17 6/25 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net June 8, 2015 Re: Town Code Chapter 55 -Public Notices for Thursday, July 2, 2015 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before June 15th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than June 22nd: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later June 24th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before June 30, 2015. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider http://southoldtown.northfork.net Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 May 22, 2015 DECE[ V Mark Terry, Principal Planner MAY 2 2 2015 LWRP Coordinator Planning Board Office Southold Town Town of Southold Planning Board Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6865 - Sack Dear Mr. Terry: We have received an application for demolition and construction of a new single family -_.dwelling-in-Cutchogue. A copy of-the-Build-ing Inspector's -Notice- of Disapproval -under_- .-----. .-- -. -- --.-. -- Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson Encls. BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider http://southoldtown.northfork.net Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 May 22, 2015 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6865 Owner/Applicant: Sack, David & Stephanie Action Requested: Demolish of existing and construct new single family dwelling; setbacks ___..__.__._aad_I_ot co_v_er,.age.. Within 500 feet of: () State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chairperson Encls. a �f rY �rr P ,^�'F( y��i• }" c �. t RECEIVED MAY 21 2015 'MNING BOARD OF APPEALS �},'4�y�` w _w i'�7. �� ('K,y �S r ��. .� ".� q, i� ,..y"i�'y��-•� ,�•'iq� lk� 7S `� " .. . p .r �s j^-'„" 'hy' �•*5r.�„s,, t4 r f - , - � •„ '.. � r't � ...� l;iT .{,art M •..� _ .. .fix r4' ��r T+ a'i{'r vf"'" �r �- t✓� .�,�w � �"�.fN'.+ .� .'i C ,• . i�, rL: ,Y+�►'I' � 4y � �-'► ai _`�+: `+s .a w .:cin �' �v : 4 wWl"i* At,s a• ';� »: •.-� -' f. "" ^ t�L Oar �"r !' .yALI n `• r VON 6�- RECEIVED STANDARD AND SPECIFICATIONS FOR BOARD OF AR EALS SILT FENCE Definition A temporary barrier of geotextile fabric installed on the contours across a slope used to intercept sediment laden runoff from small drainage areas of disturbed soil. Purpose The purpose of a silt fence is to reduce runoff velocity and effect deposition of transported sediment load. Limits imposed by ultraviolet stability of the fabric will dictate the maximum period the silt fence may be used (approximately one year). Conditions Where Practice Applies A silt fence may be used subject to the following conditions: 1. Maximum allowable slope lengths contributing runoff to a silt fence placed on a slope are: Slope Maximum Steepness Length (ft.) 2:1 25 3:1 50 4.1 75 5:1 or flatter 100 2. Maximum drainage area for overland flow to a silt fence shall not exceed % acre per 100 feet of fence, with maximum ponding depth of 1 5 feet behind the fence; and 3. Erosion would occur in the form of sheet erosion, and 4. There is no concentration of water flowing to the barrier. Design Criteria Design computations arc not required for installations of l month or less. Longer installation periods should be designed for expected runoff All silt fences shall be placed as close to the areas as possible, but at least 10 feet From the toe of a slope to allow for maintenance and roll down. The area beyond the fence nest be undisturbed or stabilized. Sensitive areas to be protected by silt fence may need to be reinforced by using heavy wire fencing for added support to prevent collapse. Where ends of filter cloth come together, they shall be overlapped, folded and stapled to prevent sediment bypass. A detail of the silt fence shall be shown on the plan. See Figure 5A.8 on page 5A.21 for details. Criteria for Silt Fence Materials 1. Silt Fence Fabric: The fabric shall meet the following specifications unless otherwise approved by the appropriate erosion and sediment control plan approval authority. Such approval shall not constitute statewide acceptance. Minimum Acceptable Fabric Properties Value Test Method Grab Tensile Strength (lbs) 90 ASTM D 1682 Elongation at Failure (%) 50 ASTM D1682 August 2005 Page 5A.19 New York Standards and Specifications For Erosion and Sediment Control Figure 5A.8 Silt Fence RECEIVED JUL 2 9 2015 WOVEN WIRE FENCE SYMBOL (MIN. 14 GAUGE W/ MAX. 6' MESH 10' MAX, C, TO C. SPACING) 36' MIN, LENGTH FENCE POSTS DRIVEN MIN. 16' INT❑ GROUND, w HEIGHT OF FILTER 'Ak' — 16' MIN, w 41 '' 6' MIN, 40 PERSPECTIVE VIEW 36' MIN. FENCE POST —� WOVEN WIRE FENCE <MIN, 14 1/2 GAUGE W/ MAX. 6' MESH SPACING) WITH FILTER CLOTH 20'MIN. FLOW UNDISTURBED GROUND COMPACTED SOIL EMBED FILTER CLOTH 16'MIN. A MIN. OF 6' IN GROUND, A SECTION VIEW CONSTRUCTION SPECIFICATIONS 1. WOVEN WIRE FENCE TO BE FASTENED SECURELY TO FENCE POSTS WITH WIRE TIES OR STAPLES. POSTS SHALL BE STEEL EITHER 'T' OR 'U' TYPE OR HARDWOOD. 2. FILTER CLOTH TO BE TO BE FASTENED SECURELY TO WOVEN WIRE FENCE WITH TIES SPACED EVERY 24' AT TOP AND MID SECTION, FENCE SHALL BE WOVEN WIRE, 6' MAXIMUM MESH OPENING. 3. WHEN TWO SECTIONS OF'FILTER CLOTH ADJOIN EACH OTHER THEY SHALL BE OVER— LAPPED BY SIX INCHES AND FOLDED. FILTER CLOTH SHALL BE EITHER FILTER X, MIRAFI 100X, STABILINKA T140N, OR APPROVED EQUIVALENT, 4. PREFABRICATED UNITS SHALL BE GE❑FAB, ENVIROFENCE, OR APPROVED EQUIVALENT. 5. MAINTENANCE SHALL BE PERFORMED AS NEEDED AND MATERIAL REMOVED WHEN 'BULGES' DEVELOP IN THE SILT FENCE. ADAPTED FROM DETAILS PROVIDED BYi USDA — NRCS, NEW YORK STATE DEPARTMENT OF TRANSPORTATION, SILT FENCE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, NEW YORK STATE SOIL & WATER CONSERVATION COMMITTEE August 2005 Page SA.21 New York Standards and Specifications For Erosion and Sediment Control Mullen Burst Strength (PSI) 190 ASTM D3786 Puncture Strength (Ibs) 40 ASTM D751 (modified) Slurry Flow Rate (galhuin/st) 0.3 Equivalent Opening Size 40-80 US Std Sieve CW -02215 Ultraviolet Radiation Stability (%) 90 ASTM G-26 2. Fence Posts (for fabricated units): The length shall be a minimum of 36 inches long. Wood posts will be of sound quality hardwood with a minimum cross sectional area of 3.0 square inches. Steel posts will be standard T and U section weighing not less than 1.00 pound per linear foot. 3. Wire Fence (for fabricated units): Wire fencing shall be a minimum 14 gage with a maximum 6 in. mesh opening, or as approved. 4. Prefabricated Units: Envirofence, Geofab, or approved equal, may be used in lieu of the above method providing the unit is installed per details shown in Figure 5A.8. New York Standards and Specifications Page 5A.20 For Erosion and Sediment Control V p� RECEIVED � f 7 . JUL 2 9 X015 August 2005 ("" 0-3, R -'��S r RECEIVE® VA (-o809- JUL 2 9 2015 RD OF APPEALS United States Department of Agriculture Suffolk County Natural Resources Conservation Service Soil & Water Conservation District 423 Griffing Ave. Riverhead, New York 11901 (631) 727-23150 STABILIZATION OF ERODING BLUFFS L The coastal shoreline is affected by many different forces (tidal and wave action, wind, boat wakes, development, and wildlife) and is exposed to many harsh conditions (hurricanes, Nor;easters, freezing, precipitation, salt spray, flooding, and drought). A result of these forces and conditions is erosion. Bluff erosion is a natural process that can be slowed but not stopped. The only prediction that can be made is that bluff erosion will occur; the timing and magnitude of the erosion however cannot. Areas along the coastline may experience accelerated rates of erosion due to any of the above factors and the threat of erosion is magnified by winter storms and extreme high tides. In these instances, houses and structures sited atop of top of bluffs are at risk from erosion. H. The erosion of high sandy bluffs along coastlines has challenged conservationists since they were first observed. Typical of such bluffs are those along the north shore of Long Island. The soil material is sandy and erosive, being easily moved by wind or water. Bluff height varies from a few to well over 100 feet. The slopes vary but are usually very steep, occurring at a 1:1 ratio. The standard profile of an eroding bluff and the noted factors that individually and/or combined contribute to erosion. Typical Characteristics of Eroding Bluffs May 2013 otao r ho ng ing E rp at, ,raGmrrants of ol$d .,,egsla on, boul4dqr, plc � t devegt-Jot +d slop, f rpormal high t ide I11. Numerous attempts have been made by landowners to stabilize bluff slopes; only a few have succeeded. Although no procedure can guarantee a permanent solution or stop this erosion, the following measures have been found to be the most effective in obtaining the best possible stabilization of the bluff face. Best Management Practices for Slowin,l;- Natural Bluff Erosion water d iYerted ak-jay from slope oyer hanging lip remo%led Natural Angle of Repose k-aell Yegetoted slope ~-jell :-egetated toe RECEIVED JUL 2 9 2015 BOARD OF APPEAl.c-- normal high tide Stabilization of the toe and top of the bluff (ideally simultaneously) must occur. Implementing practices (such as revegetation, terracing, geo-textiles) without achieving this stability will not be successful. Resulting in a loss of time, resources, and financial investment as these areas are compromised by erosion. Once both of these areas are stabilized, efforts should be focused on remediating the bluff face. Although stabilization of the toe and top is recommended first, the environment should be evaluated holistically. Thereby, remediation of the bluff face should occur in conjunction with and/or as soon as possible after the remediation of the top and toe. Top Stabilization: a. Remove the overhanging lip at the top of the slope creating a natural angle of repose. This is generally a 1:1 slope or 45 degree angle. b. Any trees along the top edge of the bluff should be cut at the base leaving the roots in place. Tall trees swaying in the wind will loosen the bluff soils. c. Do not allow surface water (i.e. pool water, runoff, irrigation water) to flow over the top of the slope. Installation of a diversion with a catch basin drain and a vegetated natural buffer both serve this purpose. d. No ground disturbing activities should occur within 10 feet of the edge of the bluff. This includes installation of landscaping plants, irrigation systems, decks, and fences. e. Pools should be installed with an in ground drain to facilitate drainage (unless clay lenses exist within the bluff profile). May 2013 2 May 2013 RECEIVED s' JUL 929 20415 f. Houses should be fitted with gutters and down spouts v�f"i�ch��®h®ge�in APPEALS dry wells in order to reduce runoff flowing over the bluff edge. g. Sprinklers should not discharge water onto or near the bluff face. h. Irrigation scheduling should not exceed the peak consumptive requirements of the turf grasses (approximately 1" per week). Toe Stabilization: a. The use of vegetation is the preferred method to maintain a stabile toe. However, vegetation alone is not always successful. A good indicator of whether or not vegetation will stabilize the toe is the location of the mean high tide (MHT) mark. If MHT reaches the toe of the bluff, it is unlikely that vegetation alone will stabilize this site. If this is the situation, a consultation with NRCS or the SC SWCD can provide you with other alternatives. b. If a hardening structure, such as a bulkhead or rock revetment exists, it is critical that proper maintenance occurs to these structures. Such regular maintenance prolongs the life. The additional benefits are the protection the toe of the bluff and reduction in repair/replacement costs. The following are the maintenance activities that should occur on the bulkhead. ➢ Decaying and or damaged boards should be replaced. ➢ Holes behind the bulkhead should be filled with sand. ➢ Geotextile must be maintained between the bulkhead or revetment in order to retain sand behind the structure. The lack of geotextile in combination with wave action will pull sediment through the structure eventually cause collapse and failure. ➢ Vegetation (beach grass, Spartina patens, Coastal Panic grass) should be maintained on top of the bulkhead. Bluff Face: a. Any trees along the top edge and on the bluff face should be cut at the base leaving the roots in place. b. Trash, grass clippings, leaves and branches should not be disposed of on the bluff face. This creates instability as the debris adds weight to the bluff face and dually smothers vegetation. Thus, such debris should be removed from the bluff face and disposed of properly. c. A natural angle of repose should occur on the bluff face. Depending on the height and location of the vertical faces, such an angle may not be practical. Grading is a satisfactory practice to create such a natural slope at locations where such an angle can be achieved. Care should be taken to not disturb stabile areas of the bluff in an attempt to stabilize the eroding locations. Such precautions will prevent additional erosion problems on the bluff. d. ReNegetate the slope. ➢ `Cape' American beach grass and Spai-tina patens plugs should be used for this purpose and transplanted while dormant in the late winter or 3 UV early spring. Planting should occur from the top of the bluff face down. �Q Both Spartina and Beachgrass should be planted 12" apart. Rows should RECEIVE® be separated by 12" and the plants should be staggered with plants in adjacent rows. JUL 2 9 2015 ➢ Each full row should consist of entirely Beachgrass or Spartina and the rows should alternate between these the two species. For Beachgrass, BOAR® OF APPEALS one 35mm film canister of Osmocote slow release fertilizer should be placed into each planting hole and then plant three stems or culms per hole. ➢ To add diversity to the bluff planting, reduce the threat of disease, and compensate for natural beach grass die out, it is recommended to broadcast the following warm season grass mixture immediately prior to planting the `Cape' American beach grass. ➢ The warm season grass mixture should consist of: `LI Ecotype or Blackwell' Switch grass (Panicum virgatum)* 4 PLS lb/Ac `Atlantic' Coastal panic grass (Panicum amarum)* 5 PLS lb/Ac `LI Ecotype or Niagara' Big bluestem (Andropogon gerardii)* 5 PLS lb/Ac Coastal or LI ECOTYPE Little bluestem (Schizachyrium scoparium v littoriale)* 3 PLS lb/Ac Sheep fescue (Festuca ovina) for quick, temporary cover 10 lb/Ac `Monarch' Seaside Goldenrod (Solidago sempervirens v monarch) 1 lb/Ac `Golden Jubilee' Black-eyed Susan (Rudbeckiahirta) 1 lb/Ac Partridge Pea (Chamaecrista fasciculate) 1 lb/Ac Common Evening Primrose (Oenothera biennis) 1 lb/Ac (*Rates are in Pure Live Seed in Pounds Per Acre.) Spreading this seed mix just prior to planting the Beachgrass and Spartina, allows for the incorporation of the seed by foot traffic and sand disturbance as the beach grass is planted. This action is critical to a good seed establishment. s Adapted shrubs and vines can be added when the slope is well stabilized with the above listed grasses. Species include Bayberry, Beach pea, Shore rose, and Beach plum. ➢ Apply 20 lb/ac of nitrogen in June, if beach grass vigor is declining. ➢ Maintenance of the vegetated slope will be required on a continuous basis. Remove debris from planted areas; keep all water diverted from the slope; do not over -irrigate the lawn above; avoid excessive foot traffic and repair any damaged or eroding areas. May 2013 4 USDA U� �� N R C S United States Department of AkvicultLite Natural Rr�e.rrces C.onseria:ion Seivice AMERICAN RECEIVE® JUL 2 9 2015 Plant Fact SheetOARD OF APPALS BEACHGRASS Ammophila breviligulata Fern. Plant Symbol = AMBR Contributed by: USDA NRCS Plant Materials Program USDA NRCS National Plant Materials Center Beltsville, MD Uses American beachgrass is the predominant plant species utilized along the Atlantic and Great Lakes coastlines for initial stabilization of frontal sand dunes. It has also been utilized on extreme, non -dune sites, some having high salinity levels and droughty conditions, for erosion control and initial cover. Status Please consult the PLANTS Web site and your State Department of Natural Resources for this plant's current status (e.g. threatened or endangered species, state noxious status, and wetland indicator values). Description American beachgrass is a leafy, spreading, strongly rhizomatous grass, producing up to of 100 stems per clump annually. This cool season perennial grass species will spread up to 6-10 feet annually by subsurface rhizomes. It will grow to 2 or 3 feet tall, tolerating annual over -topping accumulations of sand up to a foot. The leaves have deeply furrowed upper surfaces and smooth undersides. The long narrow leaves may become rolled or folded when exposed to intense heat, excessive sunlight, or drying winds. Another moisture conservation attribute of American beachgrass is that the rough upper leaf surface, containing gas exchange openings (stomata), will orient itself away from winds. The seedhead emerges in late July or August as a spike-like cluster at the tips of long stalks. This multi -flowered panicle extends about ten inches above the leaves. Seed production is usually poor. Adaptation and Distribution This grass is a native of the mid-Atlantic coastal region from Maine to North Carolina and the Great Lakes. It will grow on sandy or other course textured soils on inland sites with or without high salinity, given that supplemental fertilizers are applied. This grass does not tolerate much soil moisture before it begins showing signs of stress. For a current distribution map, please consult the Plant Profile page for this species on the PLANTS Website. Establishment Vegetative establishment of American beachgrass, with dormant stem divisions, from October 15 to April 1, is effective. Seed production is sparse so it is not normally considered as an establishment option. Beachgrass culms must be planted at least 8 inches deep. This prevents plants from drying out, as well as being blown out by the wind. A tiling or ditching spade is an excellent tool for opening the planting hole. For erosion control and cover applications, two or more 18 to 24 inch long stems are mechanically or hand placed, 18 to 24 inches apart, per planting hole. If the site is exposed to severe wind erosion, spacing needs to be reduced to 12 inches and rows staggered. Utilizing an 18" spacing will require 38,720 culms per acre. For nursery production, the soil should be well worked prior to planting. Single sterns (12" to 18" long) should be planted one foot apart in rows, spaced wider than 30 inches to match cultivation equipment. Mechanical planting equipment is most productive under these site conditions for areas greater than 1/2 acre. Management Properly applied fertilizer is the key to good vigorous Initial growth of newly established stands of American beachgrass. Applications providing Plant Materials <http://plant-niaterials.nres.usda.gov/> Plant Fact Sheet/Guide Coordination Page <http.//plant-materials.iires.usda.gov/inti-aiieUpfs.litml> National Plant Data Center <http.//npdc usda.gov> between 30 and 60 lbs. of nitrogen per acre annually are adequate. These annual fertilizer amounts are more effective if split into a spring and early summer application. The spring application should be applied at least 30 days after establishment, but no earlier than April 1. Once the stand is established, the rate of fertilizer applied can be reduced by half, or applied only when the stand appears to be weakening. Pedestrian or vehicular traffic that bends or breaks the culms will seriously damage or kill the plants. On frontal dunes, areas devoid or with declining communities pose the threat of blowout. Replanting stands of beachgrass where openings or voids have developed should be an annual maintenance procedure, and exlusion of traffic with fencing is strongly advised. Cultivars, Improved, and Selected Materials (and area of origin) There are two named varieties available for conservation purposes: `Cape' (Massachusetts), and `Hatteras.' `Cape' was selected and developed by the Cape May PMC then released to the commercial market in 1971. `Hatteras' is an older variety, released by the North Carolina Agricultural Experiment Station in the early 1960's. It is better adapted for southern climates. `Cape' is considered the industry's standard, and has been proven to out perform all other varieties for conservation applications from Maine to North Carolina. Foundation stock of `Cape' is available to commercial nurseries from the Cape May PMC in New Jersey. Certified material is available to the public from numerous commercial nurseries. Prepared By & Species Coordinator: USDA NRCS Plant Materials Program Edited: 31Jan2002 JLK, 30may06jsp For more information about this and other plants, please contact your local NRCS field office or Conservation District, and visit the PLANTS Web site<http://plants.usda.eov> or the Plant Materials Program Web site <http://Plant-Materials.nres.usda.gov> The U.S. Department ql 4griculture (L•iSD 1) prohibits discrimination in all its programs and activities on the basis q/ race, color, national origin, sex, religion, age. disability, political beliefs..seatal orientation, and warital or family siants. (Vut all prohibited bases ripply to all programs) Persons lriih ehsabiliiies who require alternatinr rrreanS for communication q/ program information (Braille, large print, audiotape. etc. n should coitaci USD,Vs TARGET Center at 202-720-2600 (voice and TDD) Ta/ile a conriplaini ofcliscrintolaticm invite USDA. Director 0 oj'Civil Rights, Room 3'6-11' 167utien Building 14th and Independence Arenue, S11', 61'ashingion. DC 20:50-9410 or call 202-720-5964 (roic•e or TDD). USDA is an equal opportunity provider and employer Read about Civil Rights at the-%atural Resources Converration Service. C RECEIVED � JUL 2 9 2015 b0�� BOARD OF APPEALS Establishment for Field Production :°i#?'li`i':Call )t`_<1i:`h1 vai`=.s i.)roductlon fields are j�kit � %,eoetaliive, divisions. Planting consist•f' 911.�:te skins, ,otnetiines ;VIC;rrCd tO :1;, ti Inns. Fach culrn silt ldd be doIllsisle, liral al,lcl hive at Ica';i one Lealilly rc tiL n4; i~ }�Ic. l 'l. land#Ig can he :lccc)rnplisllcd by t#,,c of a vegi_table t.ransplant,wr. I'he leaves ilei roots ,wc to illiIned to b,.n ;ths that n1Cet the r:eecl., of t,le transplanter "Or.z,Ort i#lRlrnlation. See publiCatiOn FN N lINIC.`-0 -1<} 1:slrahlisl�irrrr.l'r�jclttclia�n Pields t?f •( aj)e° 4wer•iccan Bfracltgruss, to be posted oil Our w6site provided belo%v. Establishment for Conservation Use Cubes are usualb, planted on (June.,, by hand in Carl), lti'lrlg before breaking dormancy. A step - photo guide; to planting beaclig.rass is aavailaable on the Plant klaterials national website: as tt-: /ptant-raaraterials.nrc s.aastl4a.gtr�6l Locate and Obtain Plant Material I h,, Cape selects and propagates pian inti • <t# c:;llec; releases that ary best- €€ued liar Clic l .al4t coast.. and ttstq them in field L:tiikbre,der or'ioundationnie..terialoftliesc I- laarif , k niadc available to he public throuo h t'<rnlill� rcial nurscries. A list ot'plant and seed crldor`> r`; av,+ilaiblc t'ronl the PMC.` or online at laxtp:/t��-vvti�.aa,�.nres.aas�l;a.l;r3v°;lalsat.tsn➢ Opportunities to Participate NRC S yield Offices, Dis€rict Einployees, Partners and Volunteers: We need your help! `I'lie Cape May PMC; serves a nine -state; area c%tcnding Iro rn Massachusetts to North Carolina. The plant development process used by the Cabe May PMC relies, heavily on the Cooperation of our conservation partners to locate native plant stands; collect rnaterials and ship there to Capt: May: locate suitable plant testing sites; record plant perfilrniance Bata; and lattblish neve scientific findings. Call the Cape May PMC; for more details about how you can help. Tours Available Visitors are alvvays welconic at the PT's -.i C;. The center is open Monday through Friday. Please call the PsIAC to schedule VOUr visit. >li,S'DA NRC:S .Plant Materials Center 1.536 Route line .Nlorth Cape May Court House NJ 08214 Tele- (€09) 46:5-: 141 Fax: (609) 465-9284 The U S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, paren- tal status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all pro- grams.) Persons with disabilities who require alternative means for com- munication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D C. 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer. Publication Issued February 2006 United Mates Department of Agriculture RCSNatural Resources Conservation Service Cape May Plant Materials Center (PMC) AL 'Cape' American a h a Amniophila breviligulata Fern. Cape Allay PMC products are helping people help the land through better plants and science M M M 0 American Beachgrass Coastal Systems and Beachgrass Arnericta s beautiful and fgeoo,raphrcally diverse r cT3 , ` • t -oastline attracts millions of tourists each year. 't , $ r The sand dune sv teiaa5 found mora thee; sh()res are an inhemnt part of the tourist' erience." fit ;.addition to supporting an industry vital to the rg,),ion. these i]Unes provide habitat for many r species ofwildliR During hurricanes and storms, ' N{„} yd sand clue °s protect this habitat. our €carlCl, property e Hitchcock 195/ ;and, at times, out` very lives. Scientific Flame: Alternate Common Nance: Description: hcacia<1m,S is a Mut. nalivc bimch ass that spr',:adN by Minn—nes vt it taverqu,, las ght ° 3 , I li , scc I hc'. (Is tare a hpike- Hk2 p<ap:cle, up hi 10- long and appeal- in late JU-i , ,Vug asi. It,; t iprou� ,r•oNvth enables it: to Vlim a.rd li;,<.st.y depow€ts oi` Nandi. Plant Distribution: I laoiruh Ar;aerrc'an ixachgreaw is 1bund in the shsadcd wites, J' api h aril) reckmnrnendeC Ry use Ml 0.,.4 ii iU•TL. L,3 t.rNL•Yt.'t V no thcr'rl North I . £ri"oliria, f i ti)t` tC? Wig stn) plaint material dc�terinaine it; Wal invasive stiai(r`.j, `sand dunes erode by design as they, absorb storm energies. In the eastern United States 'Cabe' Airtcrican beeacligr•ass is widelT, used to stabilize dunes that protect our communities. When prol)Lrly used, 'Cape' increases the protective v alue of and duna that serge and protect the American public and the nced5 of wildlife. Plant Selection Process NKCS conducts its plant development activities in Weping with the phibsophy or 111% l-reanUin J. C;i rd:at', f;rst leader of v, hat is nasty- the Plant 'Vlaicrials Program. Dr. {:'rider maintained that "in most ceases; neatum has evolved a plant fur almost 'Very growing condition.' to developing 'C'iipe' ,�rnerican be:ichgrass, NRCS used the Comparative Observation l;valtration process. Many populations of the same species were planted side by side in evaluation plots, Populations were observed and compared to each other. The population with promising, traits and characteristics was isolated; increased, tested in nauMple environments and released to the coninie:rcical nursery industry. Selection Attributes 'Cape' American heeachgrass has a wide Icaf surface area and a desirable number of stems per plant, These naturally occrrn"i-ira< characteristics combine to provide superior seams -trapping, efficiencies, Origin This material cit'i€ inated fi`om naturally occurring sand done sr stella', ill Cape Cod, Massachusetts. 11MC1 staff relea5cd thio naturally occurring geno-type under the cultivear narne of `C_.ape in recognition of its place of origin. Cape COL Adaptation rnedcan hemhgrass grw.N,, best in the Crontal dime or pioneer zonc where sand ' 473ctively }€° aecUnattlating. L C Application and Uses r n 1�rM o Stab iIiliiag t -hind blot-vn sand CC= �<71 0 — 0 i,reaLiii,), iii:t-L'` dune `ysteii`Is cal V\ w Stabilizing beach reple :Yshi_iMM pYcslE°cw:�•� "lump starting" natura` ucce",,,iun on critical areas. gravel mines, r"Citic tri' spoil, coal fob biles, and many site,; with hotfdr",•!infertile soils Finding 121a is 1hal weel conserration ri%'C'tr's coliliiiz?t s /o be the lf7t,'Zis` { Jf the Plaza Materials Program rarrtion,,vide. lnttp:llplaaat-na6atea•iais.aa a•a°s.usd:a,�ov° USDA 0W N R C S R __7w Oni'iA Stat Dcpart.iet�t ofAgiict:IR. c,- Natutil Resources Con eraatior Service Plant Fact She BIG BLUESTEM Andropogon gerardii Vitman Plant Symbol = ANGE Contributed by - USDA NRCS Plant Materials Program Robert H. Mohlenbrock USDA NRCS 1995 Northeast Wetland Flora @USDA NRCS PLANTS Uses Erosion control: Big bluestem is a top choice for erosion control plantings on sites with moderately well drained to excessively well drained soils. Generally, it is planted in combination with other warm season grasses on these sites. Livestock: Big bluestem is one of the most palatable warm season grasses and is preferred over switchgrass by livestock. Therefore, in pastures, it should be planted alone for best management, especially where continuous or extensive grazing practices are used. It can be mixed with other species for intensive, rotational grazing. Wildlife: Birds and mammals use big bluestem for nesting and escape cover in summer and winter. It resists lodging under snow cover almost as well as switchgrass, thereby contributing to spring nesting habitat. Status Please consult the PLANTS Web site and your State Department of Natural Resources for this plant's current status (e.g. threatened or endangered species, state noxious status, and wetland indicator values). RECEIVErl ��1. . JUL 2, 9 2015 Description Andropogon gerardii, big bluestem, is a native, perennial, warm season grass that occurs from the short grass prairie region to the Atlantic Ocean. It is tufted, forms sod, and has short, scaly rhizomes. Big bluestem is tall, reaching a height of 6 to 8 feet on most sites where it is protected from grazing. It is very leafy at the base, with some leaves carried up on the stem. The seed heads normally have 3 spikelets that appear like a `turkey foot.' Adaptation and Distribution Big bluestem is climatically adapted throughout the Midwest and Northeast on moderately well drained through excessively well drained soils. It is adapted to a range of other soil limitations such as shallow depth, low pH, and low fertility. For a current distribution map, please consult the Plant Profile page for this species on the PLANTS Website. Establishment Big bluestem should be seeded as early in the spring as possible. Conventional tillage should be used where practical. Where no -till must be used due to slope, stoniness, or other reasons, the sod control should be performed in the fall to permit early spring planting. The seeding rate for broadcast or no -till methods should be 7 to 12 pounds PLS per acre. When drills are used to plant, debearded seed must be utilized unless the drill has a chaffy seed box. When the seed is broadcast, a packer should be utilized to firm the seedbed and incorporate the seed 1/4 to 1/2 inch (3/4 inch on very droughty sites) as if alfalfa was being planted. No nitrogen fertilizer should be applied during the establishment year unless no weed competition is expected. If pH is below 5.5, lime is recommended during site preparation or the fall prior to no -till plantings. Management No harvest of bluestem during the establishment season should be allowed. During the second growing season, harvesting by controlled pasturing or haying is possible on good stands. The first harvest should not commence until the bluestem is 20 inches tall. It should be grazed (5 days maximum duration) or cut no lower than 8 inches and then protected from use until 20 inches in height is reached again. No cropping should occur below 8 inches or within 1 month of anticipated frosts. After a killing frost, the Plant Materials <http://plant-materlals.nres.usda.gov/> Plant Fact Sheet/Guide Coordination Page <http://plant-materials.nres.usda.gov/intranet/pfs.htnil> National Plant Data Center <Itttp://npdc.usda.gov> LS area may be grazed to 8 inches, but forage quality is greatly reduced and supplementation is recommended for growing animals. Big bluestem has relatively weak seedling vigor compared to weeds and cool season grasses; therefore, control of competition is necessary for successful stand establishment. High mowing (above the bluestem seedlings) is a common method of weed control. Selected herbicides may have application when forage harvests are not anticipated during the year. Grazing of competing cool season grasses after frost in the fall and before the bluestem is I inch tall in the spring is desirable, unless soil conditions are too wet. Cultivars, Improved, and Selected Materials (and area of origin) There are several cultivars available as certified seed, i.e. `Bison' (ND), `Bonilla' (SD), `Champ' (NE, IA), 'Kaw' (KS), `Earl' (TX), `Niagara' (NY), `Pawnee' (NE), and `Rountree' (IA). Prepared By & Species Coordinator: USDA NRCS Plant Materials Program 31Jan2002 JLK, 24may06jsp For more information about this and other plants, please contact your local NRCS field office or Conservation District, and visit the PLANTS Web site<htto://glants. usda.eov> or the Plant Materials Program Web site <http://Plant-Materials.nres.usda.gov> The U.S. Department of 4griculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, sex, religion, age, disability', political beliefs, sexual orientation, and marital o' familp status. (,Vot all prohibited bases oppl}, to all programs.) Persons with disabilities who require alternative means jar communication gf program h1 ormatiorn (Braille, lenge print, andiotape, etc.) should contact USDA's T.j RGET Center at 102-,'20-1600 (voice and TDD) To file a complaint ofdiscrimuttation write L!SDA, Director Office gf0vil Rights, Room 326-{b; li'hitren Building, I -11h and bndepeuderrce Avenue, SIN, {Nashington. DC 10150-9410 or call 202-710-5964 (voice or TDD) USDA is an equal opportunity provider and emplover Read about _Ciril Rights at the ,Vaturol Resources C onvervarion Service. RECEIVE®_. JUL 2, 9 201.196V BOAR® OF APPEA1 q RECEIVE® �f ,JUL � 9 2015 JDA ;r s Plant GuidCOARD OF APPEALS PARTRIDGE PEA Chamaecrista fasciculata (Michx.) Greene Plant Symbol = CHFA2 Contributed by: USDA NRCS James E. "Bud" Smith Plant Materials Center, Knox City, Texas USDA NRCS Knox City Plant Materials Center Alternate Names Cassia fasciculata, Michx., sleeping plant, prairie partridge pea, showy partridge pea, prairie senna, large -flowered sensitive -pea, dwarf cassia, partridge pea senna, locust weed, golden cassia showy partridge pea but is produced by small orange glands at the base of each leaf. Ants often seek the nectar and are frequent visitors. The common sulfur butterfly lays its eggs on the leaves, and the larvae use the leaves as a food source. Erosion control: The plant can be used along road banks and stream banks to control erosion. Partridge pea most commonly occurs as a pioneer or colonizer of disturbed areas. Recreation and beautification: The flowers of this plant can be used to beautify areas where wildflowers are planted. The foliage is somewhat sensitive and will partially close when touched. Partridge pea is coinmonly grown as an ornamental. The bright yellow flowers snake it a popular choice for use in native gardens. Ethnobotanic. Cherokee Drug (Sports Medicine), Root medicine used to keep ball players from tiring. Cherokee Drug (Stimulant), Compound infusion given for fainting spells. Seminole Drug (Antiemetic), Cold decoction of plant used for nausea. Seminole Other (Tools), Plants used as a bed for ripening persimmons. Livestock: 41thvuggh partri(�ge 1,%e r lcrlia = is nwr•itiou.s it 4an he 1xri:5onou.` uncl.rhorrld be corr;idcrf:d'Potentially dang-e •ous io cattle. Partridge pea leaves and seeds contain a cathartic substance. This substance is effective either in fresh plant material or in dry hay. Domestic livestock will eat Uses partridge pea leaves. However, if large quantities are Wildlife: The seed is one of the major food iteins of consumed, the animal may be stressed and die. northern bobwhite and other quail species because it remains in sound condition throughout the winter and Restoration. Partridge pea is considered an excellent early spring. Partridge pea was found to be one of species for planting on disturbed areas for erosion the most important fall and winter foods of bobwhite control and improving soil fertility. It establishes quail in Alabama. Partridge pea seeds are high in rapidly, fixes nitrogen, reseeds, and slowly decreases phosphorus content and protein value, and low in as other species in the seeding mix begin to dominate crude fiber and lignin making digestibility generally the site. Nitrogen fixation is greatest during the high. flowering stage. To help prevent weed establishment Seeds of this legume are also eaten by the greater and and control soil erosion along county roadsides in lesser prairie -chicken, ring - necked pheasant, mallard, Iowa, partridge pea is often included in the seed mix grassland birds, and field mice. Deer can eat it with other forbs and grasses. without being poisoned (note livestock use). Partridge pea often grows in dense stands, producing Status litter and plant stalks that furnish cover for upland Please consult the PLANTS Web site and your State gamebirds, small mammals, small nongame birds, Department of Natural Resources for this plant's and waterfowl. current status (e.g. threatened or endangered species, Partridge pea is considered an important honey plant, state noxious status, and wetland indicator values). often occurring where few other honey plants are found. Nectar is not available in the flowers of United States Department of Agriculture -Natural Resources Conservation Service Plant Materials <http://plant-materials.nres.usda.gov/> Plant Fact Sheet/Guide Coordination Page <http://plant-materials.nres.usda.gov/iiitranet/pfs.htinl> National Plant Data Center <http://npdc.usda.gov> Description General: Pea Family (Fabaceae). Partridge pea is an annual sub -erect native legume plant that reaches a height of 1 to 3 feet. The leaves consist of 10 to 15 pairs of small, narrow leaflets that are somewhat delicate to the touch. The showy yellow flowers, about 1 inch across, grow 2 to 4 together in clusters on the stem. Flowers normally bloom July - September. The fruit is a straight, narrow pod I % to 2'/z inches long, which splits along 2 sutures as it dries; the pod sides spiral to expel the seeds. Distribution: For current distribution, please consult the Plant Profile page for this species on the PLANTS Web site. Habitat: Partridge pea grows on prairies, bluffs, riverbanks and river bottoms, as well as upland woods of the Great Plains. Partridge pea is common on sandy savannahs of the lower Gulf Coastal Plain. Partridge pea is most common on sandy to sandy loam soils. It grows best in full sunlight but will survive under shady conditions. Partridge pea has low water requirements and will grow and produce seed under stressed conditions. The lower pH limit of showy partridge pea is 5.0. Adaptation The USDA hardiness zones for showy partridge pea are 3 to 9. Showy partridge is distributed throughout the eastern, midwestern, and southern United States. Establishment Drill seeds at 1/4 to 3/4 inch deep at a rate of 10-15 pounds of Pure live Seed (PLS) per acre. If broadcasting seeds, the rate should be increased and seed covered by lightly disking or by cultipacking. Partridge pea can be planted from late winter (March) to late spring (May). Scarification will improve germination of seed, but it is not necessary to establish plantings of partridge pea. Seed should also be inoculated with the correct rhizobial bacteria before planting. Fertilizer should be applied at the recommended rate, based on soil samples, at time of planting. Management Established stands should be disked lightly in the spring to expose mineral soil on which the seed can germinate. Partridge pea usually reseeds but will gradually disappear without regular maintenance. Light disking to remove weeds, small brush, and old sod is necessary for healthy stands. In areas where prescribed burning is permitted, controlled fire is an excellent method for controlling unwanted RECEIVED x JUL 2 9 Z015 UV BOARD OF APPEALS vegetation. Fire or disking should be done in late winter for best results. Weeds can also be controlled during the growing season by mowing over the top of partridge pea plants. Seeds and Plant Production Showy partridge pea seed can be moist stratified for 56 days to improve germination. Under controlled conditions germination occurs at an alternating cycle of 30°C daytime and 15°C nighttime temperatures. The optimum soil temperature for germination is 20°C to 30°C. Seventy percent of seeds will germinate in 7 to 25 days. The seed count of partridge pea is approximately 28,000 seeds per pound. Seed for production fields should be planted '/4 to 1/4 inches deep on raised beds 36-40 inches apart. The seeding rate for seed production is 2-3 pounds of pure live seed per acre. Being a legume that fixes nitrogen partridge pea only needs one 20 -pound application of phosphorous applied in the spring each year. Average seed production at the Knox City Plant Materials Center has been recorded at 550 pounds per acre. Partridge pea may be direct harvested with a combine or plants maybe swathed and combined after drying. Seeds are ready for harvest in late October and November. Cultivars, Improved, and Selected Materials (and area of origin) The USDA NRCS Plant Materials Centers have three releases: `Comanche' partridge pea a cultivar release from the Knox City Plant Materials Center in TX, selected for use as a warm -season legume cover crop in the revegetation of critical areas, mined lands, as a wildlife food plant, and as a plant for beautification. Lark Selection a selected class release from the Jamie L. Whitten Plant Materials Center in Coffeeville, MS, selected to provide an adapted partridge pea for use in critical area seeding mixtures, wildlife food and cover, and beautification of roadsides in Arkansas, Louisiana, Mississippi, Alabama, and western Tennessee (mid -South region). Riley Germplasm a source identified release from the Manhattan Plant Materials Center in Manhattan, KS, developed to provide an adapted source for use in wildlife habitat improvement, erosion control, and recreational area plantings in the Central Plains Region. Contact your local Natural Resources Conservation Service (formerly Soil Conservation Service) office for more information. Look in the phone book under "United States Government". The Natural Resources Conservation Service will be listed under the subheading "Department of Agriculture." References Ajilvsgi, G. 1991. Wildflowers of Texas. Shear Publishing, Fredericksburg, Texas 78624 USA. Englert, J. M. et al. 1999—. USDA-NRCS improved conservation plant materials released by NRCS and cooperators. USDA NRCS National Plant Materials Center, Beltsville. Graham, E. H. 1941. Legumes for erosion control and wildlife. USDA Misc. Publ. 412. (Leg ErWild) Green, D.L., Plant pollinator web site. (http://pollinator.com/index.html), 22 March 2006. Haddock, M. 2004. Kansas wildflowers and grasses (http://www.lib.ksu.edu/wildflower/, 7 March 2006) Kansas State University, Manhattan. Hamel, P.B. and M.U. Chiltoskey. 1975. Cherokee Plants and Their Uses -- A 400 Year History. Sylva, N.C. Herald Publishing Co. 54p. Native Plant Information Network. 2001. Propagation datasheets (http://www.wildflower2. org/NPIN/Clearinghouse/Propagation/propsheets. html, 7 March 2006). Lady Bird Johnson Wildflower Center, Austin. Samuel Roberts Noble Foundation Noble Foundation. Plant image gallery. (http://www.noble.org/imagegallery/ index.html), Accessed: 6 March 2006. Ardmore. North Carolina Department of Transportation. Wildflowers on North Carolina Roadsides, (http://www.ncdot.org/doh/operations/dp_eng/roadsi de/wildflowerbook/. Raleigh. Sturtevant, W. 1954. The Mikasuki Seminole Medical beliefs and practices. Yale University, PhD Thesis (p. 276, 496) Tesky, J.L. 1992. Cassia fasciculata. In: Fire Effects Information System, [Online]. U.S. Department of Agriculture, Forest Service, (http.//www.fs.fed.us/database/feis/, 2006, March 7). USDA NRCS Jamie L Whitten Plant Materials Center. Notice of release Lark selection partridge pea (http://plant-materials.nres.usda.gov/pubs/ RECEIVED JUL 2 9 2095 toms BOARD OF APPEALS mspmcrnchfa2.pdf) USDA-NRCS Jamie L. Whitten Plant Materials Center, Coffeeville, MS. 3p. USDA NRCS James E.'Bud' Smith Plant Materials Center. Notice of release "Comanche " partridge pea.(http://plant- materials.nrcs.usda.gov/pubs/txpmcmchfa2.pdf) USDA-NRCS James E.'Bud' Smith Plant Materials Center, Knox City, TX, 2p. USDA NRCS Manhattan Plant Materials Center. Notice of release Riley Germplasm showy partridge pea.(hftp://plant- materials.nrcs.usda.gov/pubs/kspmemehfa2.pdo USDA-NRCS Plant Materials Center, Manhattan, KS. 3p. USDA, ARS, National Genetic Resources Program. Germplasm Resources Information Network - (GRIN) [Online Database]. National Germplasm Resources Laboratory, Beltsville, Maryland. URL: http://www.ars-grin.gov2/cgi- bin/npgs/html/tax_search.pl (16 March 2006). USDA NRCS 2006. The PLANTS database. (littp://J)lants.usda.p-ov). National Plant Data Center, Baton Rouge, LA 70874-4490 USA. Accessed: 22March2006. Prepared By and Species Coordinator Morris J Houck USDA NRCS Plant Materials Center, Knox City, Texas Edited: 221nar2006 jsp For more information about this and other plants, please contact your local NRCS field office or Conservation District, and visit the PLANTS Web site<http://Vlants.usda.aov> or the Plant Materials Program Web site <http://Plant-Materials.nres.usda eov> The U.S. Department of 4gricultxre (USD f) prohibil,s discrimination in all its programs and activities on the basis of race, color, national origin, .sex, i ehgion, age disability, political beliefs, sexual orientation, and mar•rtal or fhtnilt' stairs. (:vat all prohibited bases apply to all programs.) Persons i.ith disabilities• who require alternative meanrs• 61. communication of progrcan i; formation (Braille, large print, audiotape, etc.) should contact USDA's TARGET Conner ar 202-720-2600 (voice and TDC7t To fle a cotnpluou ofdiscrunincrtion write USDA, Dlractar', 0) ca of'Civil Bights, Room 326=f4, bt'7utten Building, lith and Independence �l venue, SPP, idashington, DC -10-150-9110 or call 02-7,20-5964 (voice or TDD; t,SEU is an equal opportimilii provider arra' employer Rcdd crbnur (_ii it Ri.. . u1_ rliz r1---- al tt sarrrczs C'ontier_u11on Jerv;ce u'DA N R C United States Department of Agriculture iOWIZ: R.es-,Airces ConsFerwatioa SLEEP FESCUE Festuca ovina L. Plant Symbol = FEOV Contributed By: USDA, NRCS, Idaho and Washington Plant Materials Staff and the National Plant Data Center Alternate names Often confused with Idaho fescue in the northwestern U.S. and with Arizona fescue in southwestern U S. Uses Grazing/range/pasture: In rangeland and pastureland plantings, sheep fescue is a competitive understory grass that controls erosion. Although it is sometimes grazed by sheep, it is seldom utilized by cattle or horses and is not considered to be an important forage species. Hay Due to its short dense tufts, it is not a good species for hay production. RECEIVED t JUL 2 9 2015G BOARD OF .APPEALS I a n G u c- e Wildlife Sheep fescue provides very little cover for hiding or nesting habitat. Erosion control/reclamation: The primary use of sheep fescue is ground cover. It is ideal for stabilization of disturbed soils because of its dense root system. Its low growth form and low maintenance requirements make it ideal for ground cover purposes. It is commonly used to protect roadsides, airport landing strips, industrial and residential areas, ditch and canal banks, skid trails, clear cuts, ski hills, camp sites and other recreation areas from erosion. It provides excellent cover and erosion control in areas between trees rows of shelterbelts, windbreaks and tree farms. Sheep fescue withstands moderate equipment traffic and requires minimal maintenance. This makes it useful in vineyards, orchards, and farm equipment yards. Its good drought tolerance combined with strong bunch type root systems and adaptations to a variety of soils make this species ideal for reclamation in areas receiving 12 to 24 inches annual precipitation. This grass can be used in areas where irrigation water is limited to provide ground cover. Weed control. Sheep fescue is an excellent weed control species because it has an extensive and dense bunch type root system. Once a good stand is established, it excludes the invasion of most weeds. Status Consult the PLANTS Web site and your State Department of Natural Resources for this plant's current status such as state noxious status and wetland indicator values. Description General: Grass Family (Poaceae). Sheep fescue Festuca ovina L. is an extremely variable cool season grass. It is native to Europe, Asia and North America. In the western United States, sheep fescue is often confused with Arizona fescue in the southwest and Idaho fescue in the northwest. Historically almost all fine leaved, non rhizomatous fescues were identified as F ovina. Many of these specimens have been re-identified as other species (Barkworth 2007). The PLANTS web site indicates F ovina has been mis-applied to specimens of F br•achypyhlla Schult ex Schult. & Schult F ssp brachyphylla and F brevipila Tracy, (F trachyphylla (Barkworth 2007) ), F trachyphylla, like F ovina is native to Europe while F brachyphylla ssp brachyphylla is circumpolar with North American representatives (Barkworth 2007). :�i' °*i ° f( a �aM�.j'J�� P�.p � gh #77#'s tax �: d; V,r Alternate names Often confused with Idaho fescue in the northwestern U.S. and with Arizona fescue in southwestern U S. Uses Grazing/range/pasture: In rangeland and pastureland plantings, sheep fescue is a competitive understory grass that controls erosion. Although it is sometimes grazed by sheep, it is seldom utilized by cattle or horses and is not considered to be an important forage species. Hay Due to its short dense tufts, it is not a good species for hay production. RECEIVED t JUL 2 9 2015G BOARD OF .APPEALS I a n G u c- e Wildlife Sheep fescue provides very little cover for hiding or nesting habitat. Erosion control/reclamation: The primary use of sheep fescue is ground cover. It is ideal for stabilization of disturbed soils because of its dense root system. Its low growth form and low maintenance requirements make it ideal for ground cover purposes. It is commonly used to protect roadsides, airport landing strips, industrial and residential areas, ditch and canal banks, skid trails, clear cuts, ski hills, camp sites and other recreation areas from erosion. It provides excellent cover and erosion control in areas between trees rows of shelterbelts, windbreaks and tree farms. Sheep fescue withstands moderate equipment traffic and requires minimal maintenance. This makes it useful in vineyards, orchards, and farm equipment yards. Its good drought tolerance combined with strong bunch type root systems and adaptations to a variety of soils make this species ideal for reclamation in areas receiving 12 to 24 inches annual precipitation. This grass can be used in areas where irrigation water is limited to provide ground cover. Weed control. Sheep fescue is an excellent weed control species because it has an extensive and dense bunch type root system. Once a good stand is established, it excludes the invasion of most weeds. Status Consult the PLANTS Web site and your State Department of Natural Resources for this plant's current status such as state noxious status and wetland indicator values. Description General: Grass Family (Poaceae). Sheep fescue Festuca ovina L. is an extremely variable cool season grass. It is native to Europe, Asia and North America. In the western United States, sheep fescue is often confused with Arizona fescue in the southwest and Idaho fescue in the northwest. Historically almost all fine leaved, non rhizomatous fescues were identified as F ovina. Many of these specimens have been re-identified as other species (Barkworth 2007). The PLANTS web site indicates F ovina has been mis-applied to specimens of F br•achypyhlla Schult ex Schult. & Schult F ssp brachyphylla and F brevipila Tracy, (F trachyphylla (Barkworth 2007) ), F trachyphylla, like F ovina is native to Europe while F brachyphylla ssp brachyphylla is circumpolar with North American representatives (Barkworth 2007). ;EINE® JUL 2 9 2015�� BOARD OF APPEALS Figure 2. Sheep Fescue Plant Guide. Idaho, 1982. Sheep fescue is a densely tufted, cool season, dwarf bunchgrass. Its numerous basal leaves are narrow, involute, stiff, semi-erect and short, 4 to 8 in (10 to 20 cm) and less than half the culm length. Plants are short, 12 in (less than 30 cm), with numerous fine stiff to semi erect stems. The panicle is narrow, dense, nearly spike-like in appearance and protrudes well above the basal leaves on stiff naked culms. They are about 4 in (10 cm) long with 4 to 5 flowers per spikelet. The seed is tipped with 1/8 to 1/4 in (3 to 6 mm) awns. The slightly unequal glumes persist after seed shatter (Cronquist et al., 1977). Distribution Sheep fescue, F ovina, is a cool season perennial grass native to Europe (Barkworth 2007.) Within North America, sheep fescue can be found in open forests and mountain and foothill slopes from Alaska to North Dakota and south to Arizona and New Mexico. It has also been introduced to many additional locations in eastern North America. For current distribution, consult the Plant Profile page for this species on the PLANTS Web site. Adaptation Sheep fescue occupies diverse habitats. Collections show altitudinal variation in habitat extending from 1000 to 13,000 ft (300 to 4,000 m). Although it may be found at any elevation between these extremes, it is most prevalent from about 3,000 to 8,000 ft (915 to 2440 m). It grows on all exposures in a wide variety of soil conditions. It is best adapted to silt loam or sandy loam soils and is occasionally found on loamy sand soils. It also tolerates shallow, dry, gravelly soils. Common habitats are exposed bench lands, hillsides and ridges, parks, meadows, forestlands, and open ponderosa and lodgepole pine stands. It is also tolerant of weakly saline to alkaline and acidic soil conditions. It has excellent cold tolerance, good drought tolerance, and moderate shade tolerance. It is more drought tolerant than Idaho fescue and hard fescue. Sheep fescue is best adapted to 12 inch plus precipitation zones. It is fairly tolerant of fire in autumn, but requires 2 to 3 years to fully recover after burning. It is not tolerant of high water tables or flooding. It is often found in association with big bluegrass, mountain brome, bluebunch wheatgrass, slender wheatgrass, geranium, western yarrow, mountain big sagebrush, antelope bitterbrush and ponderosa pine. Establishment Planting: Sheep fescue seed should be planted with a drill to a depth of 1/4 inch or less. The single species seeding rate is 4 pounds Pure Live Seed (PLS) or about 60 PLS per square foot (Ogle et al., 2009). If used as a component of a mix, adjust to percent of mix desired. When broadcast planting seed and for harsh critical planting areas, the seeding rate should be increased to 8 pounds PLS or 120 PLS per square foot. Mulching and irrigation during the establishment year are beneficial for stand establishment. The best seeding results are obtained from seeding in very early spring on heavy to medium textured soils or in late fall on medium to light textured soils. Late summer (August - mid September) seedings are not recommended unless irrigation is available. Seedling vigor is good; stands are generally slow to develop and seedlings may be very hard to find the establishment year. It should not be planted with aggressive introduced grasses, but is very compatible with slower developing natives such as bluebunch wheatgrass (Pseudoroegneria spicata), thickspike wheatgrass (Elynnis lanceolatus ssp. lanceolatus), streambank wheatgrass (Elynnrs lanceolatus ssp. psan nrophilus), big bluegrass (Poa secunda) and needlegrass species (Achnatherum spp., Hesper•ostipa spp., Nassella spp., Stipa spp., and Ptilagrostis spp.). Stands may require weed control measures during establishment, but application of broadleaf herbicides such as 2,4-D should not be made until plants have reached the four to six leaf stage. Mow above seedlings when weeds are beginning to bloom to reduce weed seed production. Grasshoppers and other insects may damage new stands and use of insecticides may be required. Be sure to read and follow label directions. Management Sheep fescue "greens up" in March to early April and matures in late June to mid-July. It is a cool season plant; therefore it produces most of its growth in the spring and again in the fall, if moisture is available. Growth during the summer is minimal and dependant on precipitation or irrigation. Sheep fescue is a low maintenance plant requiring little additional treatment or care. Its primary pests include grasshoppers. It is resistant to common turf diseases. Environmental Concerns Sheep fescue hybridizes with Idaho and western fescue resulting in somewhat larger plants. It is long-lived, spreads primarily via seed distribution. It is not considered "weedy", but can spread into adjoining vegetative communities under ideal climatic and environmental conditions. Seed Production Seed production of sheep fescue has been very successful under cultivated conditions. Row spacing of 24 to 36 inches are recommended and it should be cultivated and maintained in rows. Seed fields are generally most productive for four to five years. Average production of 300 pounds per acre can be expected under dryland conditions in 16 inch plus rainfall areas. Average production of 700 pounds per acre can be expected under irrigated conditions. Harvesting is best completed by direct combining or swathing in the hard dough stage, followed by combining of the cured windrows. Sheep fescue averages 680,000 seeds/pound (Smith et al., 1998). Cultivars, Improved and Selected Materials (and area of origin) Foundation and Registered seed is available through the appropriate state Crop Improvement Association or commercial sources to grow certified seed. `Covar' sheep fescue was released in 1977 by Washington Agricultural Research Center, Washington State University, Agricultural Experiment Stations of Oregon and Idaho in cooperation with the USDA, NRCS, Pullman Plant Materials Center. It originated from Konya, Turkey (Alderson and Sharp, 1994). The name is to identify it as an excellent cover. It is an aggressive competitor that forms an attractive drought tolerant erosion and weed control cover. It is more drought tolerant than other fescues including Idaho, red, western and hard fescue. `Bighorn' sheep fescue is a PVP turf grass release by Turf -Seed Inc. for improved turf performance, a powder blue color and it has a softer texture. Date of release and nativity is unknown. RECEIVED JUL � 9 2015 P10,�l� (�� `MX -86' sheep fescue is a tB g4ptIlvv oAPb'yEALS Jacklin Seed Company. It was released in 1989. MX -86 is very short and requires very little maintenance. The seed is enhanced with endophyte to improve its insect resistance. Nativity is unknown. References Alderson, J. & W.C. Sharp 1994. Grass varieties in the United States. Agriculture Handbook No. 170. USDA, SCS, Washington, D.C. Barkworth Mary E., L.K.; Anderton; K.M. Capels; S. Long; and M.B. Piep (ed.). 2007. Manual of Grasses for North America. Intermountain Herbarium and Utah State University Press. Utah State University, Logan, Utah. Cronquist, A., A. H. Holmgren, N. H. Holmgren, J. L. Reveal, & P. K. Holmgren 1977. Intermountain flora. Vol. 6. The New York Botanical Garden. Columbia University Press, New York, New York Hafenrichter, A.L., Mullen, L.A., and R.L. Brown; 1968. Grasses and Legumes for Conservation in the Pacific Northwest and Great basin States. USDA — SCS. Agr. Handbook 339, 69 p. Hitchcock, A. S. 1950. Manual of the Grasses of the United States. USDA, Washington, DC. Ogle, D., L. St John, M. Stannard, L. Holzworth. 2009. Grass, grass -like, forb, legume and woody species for the Intermountain West. USDA-NRCS. ID -TN 24. Boise, ID Smith, S., S. Smith, R. Haas and L. Holzworth. 1998. Native Grass Seed production manual. USDA-NRCS, Ducks Unlimited and Manitoba Foage Seed Association. USDA, Forest Service 1996. Fire effects information system. Version: 000413. <http://www.fs.fed.us/database/feis/>. Rocky Mountain Research Station, Fire Sciences Laboratory, Missoula, Montana. USDA, NRCS 2010. The PLANTS database. <http.//pIants. usda.gov>. National Plant Data Center, Baton Rouge, Louisiana. Prepared By Daniel G Ogle, USDA, NRCS, Boise, ID ALlark Stannard, USDA, NRCS, Plant Materials Center, Pullman, WA Pamela L. Scheinost, USDA, NRCS, Plant Materials Center, Pullman, WA Loren St John, USDA, NRCS, Plant Materials Center, Aberdeen, ID Citation Ogle, D; M. Stannard; P. Scheinost, and L. St John. 2010. Plant guide for sheep fescue (Festuca ovina). USDA - Natural Resources Conservation Service, Idaho and Washington Plant Materials Program. Published May, 2010 Edited ; 01Apr2010sj; ; 01Apr2010pls; 05Apr2010ms; 07Apr20I Odgo;07Apr20I Qj ab For more information about this and other plants, please contact your local NRCS field office or Conservation District at httpJ/vvww.nres.usda..,zov;' and visit the PLANTS Web site at http://plants.usda.gov/ or the Plant Materials Program Web site http://plant- materials.nrcs.usda.gov. PLANTS is not responsible for the content or availability of other Web sites. r`a RECEIVE® e �4 JUL 29 20%&Z BOARD OF APPEALS { 1�1) 1�1 f � AN FQ F %: , 0'1—s i '01� a0 ' Y :, ND Fl—bI III,)'$ I, 11 ;NRCS Unit d 5taies t;eE arta c<rt cE ri rlculr;.rsr vaturai ResOu,,Ces Conse;vatlon Service COASTAL RECEIVED �Q JUL 2 9 21�� Plant Fact Shee1ARDOFAPPEALS PANICGRASS Panicum amarum Ell. var. amarulum (A.S. Hitchc. & Chase) P.G. Palmer Plant Symbol = PAAMA2 Contributed by USDA NRCS Plant Materials Program USDA NRCS National Plant Materials Center Beltsville, MD Alternate Names Panician anraralwn A. S. Hitchc. & Chase, Panicum ainarum Ell ssp. amarahan (A.S. Hitchc. & Chase) Freclanann & Lelong, bitter panicgrass Uses Coastal panicgrass has a deep fibrous root system which has made it a top choice for secondary sand dune stabilization in the mid-Atlantic states. Due to its upright form, this warm -season grass has been recommended for use in developing vegetative wind barriers. Due to its hedges form and winter persistence, coastal panicgrass is popular for wildlife cover on sandy coastal soils and reclaimed minelands. It is also useful as a primary stabilizer of very well or excessively drained sites, such as gravel pits, dikes, and road bank cuts and fills. Status Please consult the PLANTS Web site and your State Department of Natural Resources for this plant's current status (e.g. threatened or endangered species, state noxious status, and wetland indicator values). Description This grass is deep rooted (+6 feet), robust, long lived where hardy, and grows to heights of 3 to 6 feet. This is a U.S. native grass. The stems may be as thick as 1/2 inch, with bluish green leaves from 8 to 20 inches long and 1/4 to 1/2 inch wide. Although coastal panicgrass grows faster than most warm season grasses, it is slower than cool season grasses. Producing short outwardly spreading rhizomes, it forms clumps or bunches. Like most other species in the genus Panicinn, coastal panicgrass has a large terminal inflorescence. It is a tightly arranged, densely flowered cluster. Seed dispersal is the primary means of reproduction of this species. There are an average of 350,000 seeds per pound. Adaptation and Distribution Coastal panicgrass naturally occurs from Massachusetts to Florida, west to Texas. Like most plants, coastal panicgrass flourishes on fertile, well drained soils, but will perform well on droughty, very sandy sites. When established on sand dunes it will only survive where other species have initially stabilized the location. It will tolerate moderate saline overspray, and pH as low as 5.0 It does not tolerate large deposits of sand. Coastal panicgrass is useful in warm season grass mixtures on sand and gravel pits. There the good seedling vigor helps with initial stand establishment. Inland and north of Massachusetts it will winterkill, but not before helping during the seeding years. For a current distribution map, please consult the Plant Profile page for this species on the PLANTS Website. Establishment Coastal panicgrass can be propagated by seed or vegetative divisions. It is the only species known to be successfully established on mid-Atlantic sand dunes by direct seeding. It is best to sow from early spring, until May. If sands shift after planting, Plant Materials <http.//plant-materials.ni-cs.usda.gov/> Plant Fact Sheet/Guide Coordination Page <http://plant-materials.nres.usda.gov/iiitraiiet/pfs.iitml> National Plant Data Center <http.//npdc.usda.gov> RECEIVED v Planting trials on field sites have been established utilizing bare -rooted stem divisions and containerized divisions, with mixed results. Successful sites were on protected locations, while failures were located on exposed, unstable sites. Under nursery conditions, most vegetative techniques work well. Management Annual controlled burning often stimulates seed production, recycles nutrients, and suppresses weed growth. At the time of planting 250 pounds per acre of 10-10-10, or the equivalent, should be band applied below the seed. Top or side dressed spring applications of 500 pounds of 10-10-10 fertilizer or the equivalent per acre, in post establishment years, will promote good plant and seed growth. Cultivars, Improved, and Selected Materials (and area of origin) Only one cultivar is grown for commercial distribution; that is `Atlantic' (Virginia). `Atlantic' was evaluated and selected for release by the Cape May Plant Materials Center in 1981. Foundation seed of this grass is available from the Cape May Plant Materials Center in New Jersey; certified seed is available from commercial nurseries. Seed distribution is the primary means of propagation. Prepared By & Species Coordinator: USDA NRCS Plant Materials Program Edited: 0517e62002 JLK, 25may06jsp For more information about this and other plants, please contact your local NRCS field office or Conservation District, and visit the PLANTS Web site<http://plants.usda.pov> or the Plant Materials Program Web site <Iittp://Plant-Materials.nres.tisda.gov> T he U& Department of 4griculture (USDA) prohibits discrimination itr all its programs acrd activities our the basis of race. color national origin, sex, religion. age, disability political hehef.'s, sexual orientation, and marital or fancily status. r;1 of all l;rohibited bases apply to all programs.) Persons with clisabilitres JUL 2 9 2015 BOARD OF APPEALS covering seed more than 2" deep, emergence will be who require ahcrnam-c `naris for communication ofprogrom obstructed. Depending on soil texture and available iglornurtion (Braille large print. trucliotape, etc) should contact moisture, seed should be placed 1 (with increased % U,04's T.IRGET Center at 202-720-2600 (voice arul TDD) fines) to 1 1/2 (coarse soils) inches deep Drilling in To file a complaint gfdisc•r•inrination write 1. `,U)k Director, Clffrce rows 10 to 20 inches apart, using 6 to 8 pounds of of Civil (lights, Room 326-0; Yf'hitten Building, l Ith and seed per acre results in the best establishment. In hielepentlence Ivenue, SfK Washington, DC'20250-9410 or call mixtures with other warm season grasses, 3 lb/ac of 202-720-5961 (voice or TDD) L'SD,4 is cur equal opportunity coastal panicgrass is sufficient. Inland critical areas pr'oviclerand employer should be established using standard broad cast seeding, mulching, and fertilization procedures on Read about Civil Rights at the Natural Resources C.onvemation sand and gravel pits, tracking with a dozer is Jenice recommended. Planting trials on field sites have been established utilizing bare -rooted stem divisions and containerized divisions, with mixed results. Successful sites were on protected locations, while failures were located on exposed, unstable sites. Under nursery conditions, most vegetative techniques work well. Management Annual controlled burning often stimulates seed production, recycles nutrients, and suppresses weed growth. At the time of planting 250 pounds per acre of 10-10-10, or the equivalent, should be band applied below the seed. Top or side dressed spring applications of 500 pounds of 10-10-10 fertilizer or the equivalent per acre, in post establishment years, will promote good plant and seed growth. Cultivars, Improved, and Selected Materials (and area of origin) Only one cultivar is grown for commercial distribution; that is `Atlantic' (Virginia). `Atlantic' was evaluated and selected for release by the Cape May Plant Materials Center in 1981. Foundation seed of this grass is available from the Cape May Plant Materials Center in New Jersey; certified seed is available from commercial nurseries. Seed distribution is the primary means of propagation. Prepared By & Species Coordinator: USDA NRCS Plant Materials Program Edited: 0517e62002 JLK, 25may06jsp For more information about this and other plants, please contact your local NRCS field office or Conservation District, and visit the PLANTS Web site<http://plants.usda.pov> or the Plant Materials Program Web site <Iittp://Plant-Materials.nres.tisda.gov> T he U& Department of 4griculture (USDA) prohibits discrimination itr all its programs acrd activities our the basis of race. color national origin, sex, religion. age, disability political hehef.'s, sexual orientation, and marital or fancily status. r;1 of all l;rohibited bases apply to all programs.) Persons with clisabilitres Establishment for Field Production Coastal panic -rays secd can be produced on ,a.lrnos: any s"vell-drainc:(t, tillable: soil. `spring ;piedintt is recor'runended rising conventional row planters, or a no -till (hill with c�er• 4th seed part tag)e. I o 1'I In sill-, or nle:d'urn textured sails, plant seed ll2 to , rr1(;ir deep. In coarse teXtured soils, place geed up to 2 inchc4 deep. Sced ztand rnarra�fgerncnt >eerrry best �s-l1c n row-.,are>n l0- 4'2** ( rrtcrs. For more deiails or cstablishino ',Ntla=nuc' seed producti(rn fieldk. rel�r to Publication TNT-\JPN-IC-t}509 Prue hlclion i ;?t f iritic e it =. '47I£arrt c' to bcr poS;ted on our web 'We; pr,)vidc(l below. Establishment for Conservation Use 1'or rnore inf'Orniatior ;a,tbout cow5crvatron reconl- :'nc'nd ati )w, and est"Iblisl"rrTrcrrt. refer to 1�1�CS 1'r.rl?i1Ct:t.iOrr 4r..d"ittt'Ldl.��i'C;tl Ir(tcdtrtTirtdt �JL;dt�C', ft37° the ortTrerr,t. and TN -NJ P.,vTC-05-10 C'r}rrYerva- fir fi3,- '.,ltdOnlic' Coastal .l anic.',grrass v latd1 %,.ill b, pust,.d on our ovebsife pro- vided below, Locate and Obtain Plant Material l'l c Cabe; tJklay 1-'N4C propagates, tests and , cic(:t:, plant-,, best -suited ror conservation pr wtr(,e�, rn lic oastd1rn U,S, Constal Plain area, '1'h,� l:}lams are; their released to the cornrnercial 11111'-{LI'y- indusir v w'h(:) rnealce breeder and rOunda- tiotr ;nateriw av,lJlable to the; public. A list of plant- end seed vendors is available born the 111M : or online at: Opportunities to Participate Nr1ZCS Field Oft -ices. District Employees, Partners and Volunteers- We need your help! The Cape .1%rlay P%1 4C serves a nine -state area extending ll°On1 Massachusetts to North Carolina. The dant developmental process used by the Cape 14•lay 11MIC relies heavily on the cooperation Of Our conservation partners to locate native plant stands: collect materials and ship them to Cape Nlwv, locate suitable pliant: testing; sites: record plant perl"ormance data; and publish nese` scientific linclings. Call the Capp: ,.VIay PMC fior more details about 110W you can help. Tours Available Visitors are always welcome at the 1'i4C. The center is opera 1\4onday thi-OLIgh Friday. Please call the PMC; ro schedule your visit. t.;SDA. N' CS plant 1Y.Tateriails Center 1536 Route mine North Cape Nt.ay Court louse NJ 0821.0 Fele: (609) 465-5901 Fax: (609) 465-9284 The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, paren- tal status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all pro- grams.) Persons with disabilities who require alternative means for com- munication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer. !'(ftp:/Avw�,nj.nres.usda.govrIslaTits.hurtl Publication Issued February 2006 United States department of Agriculture RCSNatural Resources Conservation Service Cape May Plant Materials Center (PMC) �, -�• `'3` tEb"j'.;.-�'�rcr'ta•'•yM�'�+d*`i-'j.^�7�.ii�,z,-/'. � • _; gr�xi ��',1�,' �IXd E-�9 �'� ,�`_S�,j a�e!£.,��.�,`,-�tipd,:a�y+�jp {'at• Q' A•llt1' Coastal e . . ;. ,. -0 G11 F , d II p `a °' old Irf =ilfll �t a 1 ,i: Chase) RG. Palmer Cape May PMC products are Helping people Help the lana through better plants and science liM M M 0 Coastal Panicgrass Coastal Systems and Coastal Panicgrass Selection Attributes Hilchcock 1951 Scientific Name: Vtfr. anlar""flull? f,' Iflichc(ic /, 6, C&,,.se) PG, Palmer Alternate Common Names: ( OaSUfl 1)`MiCcOra�,S. dUnCivvitchgrass. Description: i,; v, tall, robust, native ,rass that spreads w My by tilleHy, limited rhi,,onies and seed. u'oo-v,,th liab`! is upright and resembles as bunch tin. , although it jAwluces limbed lion Aw-wev Pion are bluish- given, Wall and awhPlemmed- large quandUes ofvible sced am pnunwed. Plant Distribution: I hough salwald0% colxlyass is fou"'It! in the nh; W MLA, 'Aflarl;c" i�, only recorn.,mended Ar uNe Ihmn I_ rng I and '%Y to I eras. Prior "M7 aw, -dwi --mai-,riad r_ , 7 , gj local it• �;V nn, SO Anicrica's beautiful and diverse coamline artmets millions Of'tOffiStS C,:Lh year. The sand dune SV '. swuns Rmind Wig these shores are an inherent part of'the touristwperience.- In addition to ,upporLing an industry vital to the rcz,:,�ion Mese dunes panklu habitat (or many spccics or,vildlik. During hurricanes and storms. ,,and dunes protect this habitat', our land, properly and. cit, times, our kery, lives. Sand dunes erode by desiga as they absorb 4torni energies. In the eastern U.nited �tates Wiantic' coastal paniegrass is widely used to stabilize dunes that protect our COITIMunkles. Coastal panicgress increases It: protective values of sand duties that serve and protect the American public and the needs or our diverse; wildlife species. Plant Selection Process NRCS conducts its plant development activities in keeping with the philosophy of Eh-. Franklin J Widen Hrst leader of diat is now the Plant Werials Program. Dr. Crider maintained that -in most cases, nature has evolved a plant flor almost evcry growing condition." In deN-cloping, 'AtIanlic', NRCS used the Comparative Observation Evaluation Process. ,Man%, populadons ofthe saine specks were planted side by side in evaluation plots. Populations wero observed and compam--d to each other. The popuiation fvith proniking traiLs and characteristics %,vas isolated, increased, tested in multiple enN.ironryients and released to th,a corninercial nursery iudt.11itrV. In a trial or 17 selections of the specic,4 from native stands, wvas l"OLIVId to rl,',1VC more ;eedling vigor. uniflorm 1110re reSiSt8r1l 10 1111;L Origin Wainic' o6ginated (rorty a nainrally occurrin,',.1 stand located at the Bncl, Ba,,, � ildlil� Refugc near Princess i,�nnc. Virginia int 1955. Adaptation R is adapted to the coastal plain. and the pied- rnont region Roni %1assachu,4elt,,, to I and has proven to be whaer haul; in areas why v We average temperature is between -10 and 0 degrees F. In coastal sand dune systems. "Atlantic' coastal panicgrass occupies non -sand -accretion zones and the back dune areas. are closcly -with the U.S. Army Corp or Engineers on beach replenishment projects to Wric the technique lbr di eedy secdQ `Adwitic' while &sWH&g 'Cqx' Arnefgan beactigrass on replenishment projects. 0 Application Uses lwa+-nn and QPQ r, 7n o USDA (Innservation Progi-ares > o Stabilizing wind blown sand 0 Creating neck dude systems rMT o ' (abilizirlg beach replenishment acts o Enabling natural succcssion on criJAI areas, gmav,I rnines, minkg sy&L coal gob piles, and niany sites vvilh hot/infertile ,oil, RECEIVE®; JUL 2 9 20156ax I-nUnited States Deparinwit of Agaiculttsrr tOARD Plant Fact Shee OF APPEALS Natural Resources Conseniatiun Setvic: BLACK-EYED SUSAN Rudbeckia hirta L. Plant Symbol = RUHI2 Contributed by - USDA NRCS Plant Materials Program W USDA NRCS National Plant Materials Center Beltsville. MD Uses Erosion control: Black-eyed Susan is an important component in critical area treatment plantings along with grasses, legumes, and other forbs when used along road cuts, hillsides, and other areas subject to erosion. Wildlife: This plant offers protection and food to several song and game birds. Recreation and beautification: Black-eyed Susan can be used for landscaping and in wildflower gardens. Status Please consult the PLANTS Web site and your State Department of Natural Resources for this plant's current status (e.g. threatened or endangered species, state noxious status, and wetland indicator values). Description Rudbeckia hirta L., black-eyed Susan, is a biennial forb about I m tall with yellow ray flowers and dark brown spherical centers. After germination, the seedling grows into a rosette with oblong leaves. Sometimes flower stalks will appear in the first summer, but typically black-eyed Susan blooms from June to September of the second year. After flowering and seed maturation, the plants die. The seed is very small (1,746,000 per pound) and black, about 2 mm long and 0.5 mm in diameter. Adaptation and Distribution Black-eyed Susan is naturalized in most of the states east of Kansas and the bordering areas of Canada. It is adapted throughout the Northeast on soils with a drainage classification range from well -drained to somewhat poorly drained. It will perform acceptably on droughty soils during years with average or above rainfall, but best growth is achieved on sandy, well drained sites. It is winter hardy in areas where low temperatures are between -30 ° and -20 °F. For a current distribution map, please consult the Plant Profile page for this species on the PLANTS Website. Establishment Black-eyed Susan is easily established with most critical area seeding techniques. Generally 1/2 lb. of seed per acre is sufficient in mixes with conservation grasses, legumes, and other forbs. Where the intent is to maximize the impact of the forb component, utilize bunchgrasses rather than aggressively spreading grasses such as reed canarygrass or bromegrass. Once established, new seedlings will be produced from the preceding crop; the stand may perpetuate itself indefinitely. Management After establishment, competing perennial vegetation should be controlled through the use of mechanical or chemical practices. If competing vegetation is not controlled, one will observe a decrease in the number of black-eyed Susan plants. Pests and Potential Problems There are no major insect or disease pests of black- eyed Susan. Stands can be reduced by powdery mildew and damping -off organisms. Cultivars, Improved, and Selected Materials (and area of origin) 'Golden Jubilee' black-eyed Susan was released by the Big Flats Plant Materials Center in 1985 It is typical of the species except slightly shorter in height with a longer bloom period. It was not selected for its flower size or color 'Golden Jubilee' is the only cultivar of black-eyed Susan that has proven adaptation throughout the Northeast for conservation Plant Materials <http://plant-materials.nres.usda.gov/> Plant Fact Sheet/Guide Coordination Page <http://plant-materials.nres.usda.gov/iiitraiiet/pfs.litml> National Plant Data Center <http://npdc.usda.gov> use. The original collection area of 'Golden Jubilee' was near Manchester, Vermont. Foundation seed is distributed to commercial producers by the Big Flats PMC in Corning, NY. Black-eyed Susan is readily available from commercial sources. Prepared By & Species Coordinator: USDA NRCS Plant Materials Program Edited: 05Feb2002 JLK, 060809 jsp For more information about this and other plants, please contact your local NRCS field office or Conservation District, and visit the PLANTS Web site<http://plants. usda.aov> or the Plant Materials Program Web site <htti)://Plant-Materials.nres.usda.aov> The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, sex, religion, age, disability, political beliefs, sexual orientation, and marital or fainily states. (Not a// prohibited bases apply to all programs) Persons with disabilities who require alternative means for communication gfprogranl it forntcnion (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at 202-730-2600 (mice and TDD). Tofile a complaint ofdiscrirnination write USDA, Director Oflice of Civil Rights, Room 326-1V, GVhitten Building, 141h and Independence Avenue, SW Washington. DC' 30250-9410 or call 202-720-5964 (voice or TDD). U.SD.9 is an equal opportunity provider and eniplgver Read about Civil Rights at rhe Natural Resources Convervation Service. RECEIVEDr; JUL 2, 9 2015 s BOARD OF APPEALS USDA 4,1 N RCS United Stags Department of Agriculture Natural Resources ConsetiiaUun Service SALTMEADOW CORDGRASS Spartina patens (Afton) Muhl. Plant Symbol = SPPA USDA NRCS National Plant Materials Center Beltsville, MD Contributed by: USDA NRCS Rose Lake Plant Materials Center. Alternate Names Marshhay cordgrass Uses Saltmeadow cordgrass is used for shoreline protection and tidal marsh restorations, and is often utilized for levee stabilization and dune stabilization plantings near coastal beaches and on barrier islands. It is an important species for dissipating wave energy in low topography relief coastlines (Stallins, 2002). Saltmeadow cordgrass is an effective stabilizer used on interior mud flats, dredge fill sites, and other areas of loose and unconsolidated soils associated with marsh restoration (Burger and Shisler, 1983). However, saltmeadow cordgrass colonies can be barried and killed by sand accumulation of 3 feet or more (Courtemanche et al., 1999). Saltmeadow cordgrass has been observed to inhibit the spread of aggressive rhizomatous species. Encroachment of Phragaaites ausira(is was blocked by saltmeadow cordgrass in restored marshes in New Jersey (Wang et al., 2006). RECEIVE® JUL 2P Saltmeadow cordgrass may play an important role for remediating and restoring marshes after oil spills. Saltmeadow cordgrass dominated coastal wetlands are predicted to recover from oil spills without additional intervention procedures (DeLaune et al., 2003). Saltmeadow cordgrass also provides food and cover to many terrestrial and aquatic species of wildlife including muskrats, nutria, rabbits, ducks, white-footed mouse and meadow vole (Stutzenbaker, 1999; Abuzeineh et al., 2007). In Canada, saltmeadow cordgrass is known to be a larval host of the endangered maritime ringlet butterfly (Sei, 2009). Saltmeadow cordgrass is considered an important forage species to livestock producers along the gulf coast (Stutzenbaker, 1999) and is cut and dried for hay in New England and Newfoundland (Stalter, 2003). This species is the primary component of salt hay, which is utilized in the landscape and vegetable trade industry as weed seed free mulch. Status Please consult the PLANTS Web site and your State Department of Natural Resources for this plant's current status (e.g., threatened or endangered species, state noxious status, and wetland indicator values). Weediness This plant may become weedy or invasive in some regions or habitats and may displace desirable vegetation if not properly managed. It is considered an invasive plant in Washington and Oregon (Washington Administrative Code, 2005; Oregon Dept. of Agriculture, 2006) Please consult with your local NRCS Field Office, Cooperative Extension Service office, or state natural resource or agriculture department regarding its status and use. Weed information is also available from the PLANTS Web site at plants.usda.gov. Description This warm season, native, perennial grows from 1 to 4 feet tall, and spreads extensively by long slender rhizomes. Dark green sterns emerge from the rhizomes. The rolled leaf blades are typically 1/2 to 1 foot long, and 0.1 to 0.2 inches wide. Leaf blades are shiny, dark green on the upper surface and rough with prominent veins on the lower surface. Leaves are drooping and wiry in appearance. From late June to October an inflorescence emerges at the end of the stem, which is composed of 2 to 10 two -inch -long spikelets. The numerous florets are 0.3 to 0.4 inches long and arranged in an overlapping scale - like fashion on each spikelet. The flowers are wind pollinated and self -sterile (Barkworth, 2003; Gould, 1975). ,�a;+� � `�17 .,.�t.t ��.i•iwir°ti 4 `);1 r8yd,',�'' ��. ,�a./f4at�.1,.�i%"t• i41i' ° fi, i?7neiiA r.11 °i'}a#. f'<Y}�5-'� _ t USDA NRCS National Plant Materials Center Beltsville, MD Contributed by: USDA NRCS Rose Lake Plant Materials Center. Alternate Names Marshhay cordgrass Uses Saltmeadow cordgrass is used for shoreline protection and tidal marsh restorations, and is often utilized for levee stabilization and dune stabilization plantings near coastal beaches and on barrier islands. It is an important species for dissipating wave energy in low topography relief coastlines (Stallins, 2002). Saltmeadow cordgrass is an effective stabilizer used on interior mud flats, dredge fill sites, and other areas of loose and unconsolidated soils associated with marsh restoration (Burger and Shisler, 1983). However, saltmeadow cordgrass colonies can be barried and killed by sand accumulation of 3 feet or more (Courtemanche et al., 1999). Saltmeadow cordgrass has been observed to inhibit the spread of aggressive rhizomatous species. Encroachment of Phragaaites ausira(is was blocked by saltmeadow cordgrass in restored marshes in New Jersey (Wang et al., 2006). RECEIVE® JUL 2P Saltmeadow cordgrass may play an important role for remediating and restoring marshes after oil spills. Saltmeadow cordgrass dominated coastal wetlands are predicted to recover from oil spills without additional intervention procedures (DeLaune et al., 2003). Saltmeadow cordgrass also provides food and cover to many terrestrial and aquatic species of wildlife including muskrats, nutria, rabbits, ducks, white-footed mouse and meadow vole (Stutzenbaker, 1999; Abuzeineh et al., 2007). In Canada, saltmeadow cordgrass is known to be a larval host of the endangered maritime ringlet butterfly (Sei, 2009). Saltmeadow cordgrass is considered an important forage species to livestock producers along the gulf coast (Stutzenbaker, 1999) and is cut and dried for hay in New England and Newfoundland (Stalter, 2003). This species is the primary component of salt hay, which is utilized in the landscape and vegetable trade industry as weed seed free mulch. Status Please consult the PLANTS Web site and your State Department of Natural Resources for this plant's current status (e.g., threatened or endangered species, state noxious status, and wetland indicator values). Weediness This plant may become weedy or invasive in some regions or habitats and may displace desirable vegetation if not properly managed. It is considered an invasive plant in Washington and Oregon (Washington Administrative Code, 2005; Oregon Dept. of Agriculture, 2006) Please consult with your local NRCS Field Office, Cooperative Extension Service office, or state natural resource or agriculture department regarding its status and use. Weed information is also available from the PLANTS Web site at plants.usda.gov. Description This warm season, native, perennial grows from 1 to 4 feet tall, and spreads extensively by long slender rhizomes. Dark green sterns emerge from the rhizomes. The rolled leaf blades are typically 1/2 to 1 foot long, and 0.1 to 0.2 inches wide. Leaf blades are shiny, dark green on the upper surface and rough with prominent veins on the lower surface. Leaves are drooping and wiry in appearance. From late June to October an inflorescence emerges at the end of the stem, which is composed of 2 to 10 two -inch -long spikelets. The numerous florets are 0.3 to 0.4 inches long and arranged in an overlapping scale - like fashion on each spikelet. The flowers are wind pollinated and self -sterile (Barkworth, 2003; Gould, 1975). Distribution: Saltmarsh cordgrass has been observed from the Atlantic shorelines in Newfoundland, Canada to the coastlines of Florida and Texas and as far south as Quintana Roo in Mexico (Stalter, 1993; Gould, 1975; Sauer, 1967). Saltmarsh cordgrass has also been observed along Lake Huron in Michigan (Voss, 1972). It also occurs in Oregon and Washington where it is considered invasive. For current distribution, please consult the Plant Profile page for this species on the PLANTS Web site. Adaptation Saltmeadow cordgrass is commonly found growing in saline to brackish marshes, sandy beaches and low dunes, tidal flats and marsh ridges. It can inhabit foredunes and primary dunes, and can survive in saturated soil conditions (Stalter, 1974; Stalter and Lamont, 1997; van der Valk, 1975). This grass is adapted to a wide range of soils from coarse sands to silty clay sediments with a pH range of 4.5 to 7.1 (Martin, 1959). Saltmeadow cordgrass will tolerate irregular inundations with 0 to 35 parts per thousand salinity and the concentration required for 50% above ground tissue death is about 65 parts per thousand (Hester et al., 2005). Leaf blades have a thick cuticle and usually are involute when fully developed which helps protect the plant from salt spray injury (Oosting, 1945). Establishment Saltmeadow cordgrass is usually established by vegetative means. Depending on the energy affecting the planting site, either containerized (high impact sites) or bare root (mild impact sites) plants can be utilized. Bare root material should contain 3 to 5 stems perplanting unit, while containers should have at least 5 to 8 healthy stems. Bare root plugs are generally limited to planting sites that are exposed to little or no wave energy. Since most marsh sites are irregular and difficult to access, hand planting is normally employed, using spades, dibbles, or planting bars. If site conditions are right, planting can be carried out with a mechanical, tractor drawn transplanter. Plant spacing should be between 18 and 36 inches; up to 2 feet of lateral spread can be expected annually (Craig, 1991; USDA, 2007). Pests and Potential Problems The toxic ascomycete ergot (Claniceps purpurea) has been observed to parasitize the ovaries of saltmeadow cordgrass. The infection can be transferred to other grass species including big cordgrass (Spartina cynosuroides) and smooth cordgrass (Spartina alterniora) (Eleuterius and Meyers, 1974). Environmental Concerns None at this time. Control Please contact your local agricultural extension specialist or county weed specialist to learn what works best in your RECEIVED r, JUL 2 9 201�6&!� area and how to use it safe ly.OAAAIRD OF APPEV-S safety instructions for each control method. Seeds and Plant Production Saltmeadow cordgrass is commonly propagated vegetatively. It has little ability to spread through seed production and the seedlings have low vigor. In nursery rows, plants of saltmeadow cordgrass should be spaced 6 to 12 inches apart. Under ideal nursery conditions, each planting unit should be able to yield up to 50 stems in a single growing season. Effective weed control is essential to producing duality plants. Cultivars, Improved, and Selected Materials (and area of origin) Saltmeadow cordgrass is easily found in nurseries, garden stores and other plant dealers and distributors. There are several named cultivars available on the commercial market. In 1986, `Avalon' (New Jersey) saltmeadow cordgrass was released for use in the coastal area north of the Carolinas by the Cape May Plant Material Center (PMC), in Cape May Court House, New Jersey. Soon after, `Flageo' (North Carolina) was released by the Americus, Georgia and Brooksville, Florida PMCs for use on southern Atlantic and Gulf coasts. `Sharp' (Louisiana) was released in 1994 by the Florida and Georgia PMCs for coastal back dune stabilization in the southern Atlantic and Gulf coast counties from Florida to Texas. It is also suited for use in inland areas from southern Georgia to southern Arkansas to stabilize shorelines, gullies, road banks, mine spoils, saline oil seep areas, and for nutrient reclamation in agricultural and municipal waste water irrigated fields. In 2003, `Gulf Coast' marshhay cordgrass was released from the Golden Meadow PMC near Galliano, Louisiana for marsh restoration, shoreline and levee stabilization, stabilizing dredge fill sites, and restoration of coastal beaches and dunes. `Gulf Coast' is found to be adapted to the coastal areas of Louisiana, Mississippi, and Texas. References Abuzeineh, A. A., R. D. Owen, N. E. McIntyre, C. W. Dick, R. E. Strauss, and T. Holsomback. 2007. Response of marsh rice rat (Oryzomys palustris) to inundation of habitat. Southwestern Naturalist 52(1):75-78 Barkworth, M. E. 2003 Spartina Schreb. In: Barkworth, M. E., K. M. Capels, S Long, and M. B. Piep eds. Magnoliophyta: Commelinidae (in Part): Poaceae, Part 2, Flora of North America North of Mexico, Volume 25. New York: Oxford University Press. 240 — 250. Burger, J. and J. Shisler. 1983. Succession and productivity on perturbed and natural Spartina salt- marsh areas in New Jersey. Estuaries 6(1)50-56. Courtemanche Jr, R. P., M. W. Hester, and 1. A Ivlendelssohn. 1999 Recovery of a Louisiana marsh plant community following extensive hurricane -induced overwash. Journal of Coastal Research 15(4):872-883. Craig, R. M. 1991. Plants for coastal dunes of the Gulf and South Atlantic Coasts and Puerto Rico. USDA - Natural Resources Conservation Service. Agriculture information Bulletin 460. 41pp. DeLaune, R. D., S. R. Pezeshki, A. Jugsujinda, and C. W. Lindau. 2003. Sensitivity of US Gulf of Mexico coastal marsh vegetation to crude oil: comparison of greenhouse and field responses. Aquatic Ecology 37(4):351-360. Eleuterius, L. N. and S. P. Meyers. 1974. Claniceps purpurea on Spartina in coastal marshes. Mycologia 66(6):978-986. Gould, F. W. 1975. The Grasses of Texas. College Station, Texas. Texas A&M University Press. 653 pp. Hester, M. W., E. A. Spalding, and D. D. Franze. 2005. Biological resources of the Louisiana coast: Part 1. An overview of coastal plant communities of the Louisiana Gulf shoreline. Journal of Coastal Research Special Issue No. 44:134-145. Martin, W. E. 1959. The vegetation of Island Beach State Park. Ecological Monographs 29(l):2-46. Oosting, H. J. 1945. Tolerance to salt spray of plants of coastal dunes. Ecology 26(1):85-89. Oregon Department of Agriculture. 2006. Noxious weed policy and classification system. http://www.oregon.gov/ODA/PLANT/WEEDS/Pages/li sts.aspx. Oregon Department of Agriculture. Verified 25 February, 2013. Sauer, J. 1967. Geographic reconnaissance of seashore vegetation along the Mexican Gulf Coast. Baton Rouge, Louisiana: Louisiana State University Press. 59pp. Sei, M. 2009. Flight and oviposition behavior of the adult maritime ringlet (Coenonympha nipisiguit McDunnough) females in response to microhabitat. Journal of Insect Behavior 22(2): 87-100. Stallins, J. A. 2002. Dune plant species diversity and function in two barrier island biogeomorphic systems. Plant Ecology 165:183-196. Stalter, R. 1974. Vegetation in coastal dunes in South Carolina. Castanea 39(1). 95-103. Stalter, R. 1993. Barrier Island Botany. The Southeastern United States. Dubuque, Iowa. Wm. Brown. 164pp Stalter, R. 2003. Barrier Island Botany - A Guide to Barrier Island Plants from Cape Cod, Massachusetts to Assateague Island, Virginia. Fort Washington, Pennsylvania: EasternNational. 72pp Stalter, R. and E. E. Lamont. 1997. Flora of North Carolina's Outer Banks, Ocracoke Island to Virginia. Journal of the Torrey Botanical Society 124(1): 71-88. RECEIVED t=�v JUL 2 9 2095 Stutzenbaker, D. D. 1999. Aquuattic�an�We�and F.APPEALS the Western Gulf Coast. Austin, Texas: University of Texas Press. 465 pp. USDA. 2007. Planting Guide for Establishing Coastal Vegetation on the Mississippi Gulf Coast. USDA - Natural Resources Conservation Service Jamie L. Whitten Plant Materials Center, Coffeeville, Mississippi. 38pp. van der Valk. A. G. 1975. The floristic composition and structure of foredune plant communities of Cape Hatteras National Seashore. Chesapeake Science 16(2):115-126. Voss, E. G. 1972. Michigan Flora - A Guide to the Identification and Occurrence of Native and Naturalized Seed -Plants of the State. Bloomfield Hills, Michigan: Cranbrook Institute of Science and University of Michigan Herbarium. 488pp. Wang, J., D. M. Seliskar, J. L. Gallagher, and M. T. League. 2006. Blocking Phragmites australis reinvasion of restored marshes using plants selected from wild populations and tissue culture. Wetlands Ecology and Management 14(6):539-547. Washington Administrative Code. 2005. State noxious weed list and schedule of monetary penalties, Chapter 16-750. http://apps.leg.wa.gov/WAC/default.aspx?cite=16-750 . State of Washington. Verified 25 February, 2013. Prepared By: USDA Rose Lake Plant Materials Center. East Lansing, Michigan. Citation Leif, J. 2013. Plant Guide for saltmeadow cordgrass (Spartina patens). USDA -Natural Resources Conservation Service, Rose Lake Plant Materials Center. East Lansing, Michigan 48823 Published March, 2013. For more information about this and other plants, please contact your local NRCS field office or Conservation District at http://www.nres.usda._gov/ and visit the PLANTS Web site at hnp:Hplants.usda.gov/ or the Plant Materials Program Web site http://plant- materials.nres.usda.so_v. PLANTS is not responsible for the content or availability of other Web sites. DR 3 Establishment for Field Production c"r.''._',:...:4;L1i't i.; 3r`{. �}['i,�5 t�;'•:i:t?t:t[t3i1 ttc,:{#.r `,iaf3:; ssl',.? 1'v?tl1 t C4'i tz?lie C{Ib? I€).l£1Til;?iF SL(f%:l'� \Ashy. `+o tla; t, she r? ober biwt can 1,nic{ 0)o ? ,'cr1 can be br 01C WC Of'ii vt,r?.t,t<al [C he +„abt_'s <`1 l a ro} )'Is are inrii Tic(j :i's ii.;I"..�:.r•s t:?�r'. iiik:,c.'t the riE.'cdt of the trL.,is7lanter 01, rii 'rt' Cr•.. .,#k kin c;::t.arl`,hi ?x> pro(lul Jon l cic s. rcier io Publication 1-NAJl1"1,,K'--05-1 1. i }/;1 t"t'IIr}pt t i';ft,i'jr''?i:.S''Fa?' ,,'€i�t1I1111 �. Vit){JIr to 3 lgt; tit- tctl t}zt Ot i' V.veb sift provided below, Establishment for Conservation Use ii'??rrsitill, t?:ped in e ''tr- i;''t I"e` ioralion ant': "Z;nci clun,. stabili/aJon. ` ii- ; r-ia1 + :m: lel` ;,%:J on 1 X'' center-. '•txt' t:',`tir'?1l<ltr!i?its'.?iiiit 4'4tm11)11S111ni,? ;is11t111Ct3t�t?S'b t5idssisi IF :w''>tt#ta:#i's, re."e.r Lc} Publication St.7tolle1'ttto1v (. fJ1"GI£7'rat ,., Soon t�.? be too t ti coi our Nvcb�ilc pro%,icle(l below. Locate and Obtain Plant Material !!€', rt{ ":i la r` . p'n, and :cle+'.7 j71iiEt5l}C`t- ti.t�'C° Io,,tCin t°v<atitiri to the cvrni:icrcial .?" ; ?n",u' Na,ho rn# "kc breccler' an:l 6)LIncla- 1111 1"'Ubii%. !A HSI Of tt'r`:li�?"`� r`, i:'�flrl:1131(' l#"i)#-n illc.: i.nr.11�'�' .i�sf .$. &)fir' il:kT844.1it9Sil Opportunities to Participate RRC S Field Offices, District E'Tn ;;loyees, Partners and Volunteers: We need your belga'. l fie ("ape vla�, l'IMC ,ewes a nine:- tatc argil extending hong I'�'la-,,,stchusE:tt.s to North C_ arolrria- ('lic plant &-veltspniental J)roCss t?scci by the Cape 'Vlay� 1'M(' re ics ,heavily on the cooperation o(`our conservation partners to locate native plant stands: collect ruaterials and shill thein to Cape locate suitable plant testin±➢ site,,: recorcl plant performance data: anci publish new wicntific; lrnclin-s. Call the Cape N'lay- 1"Ni 4C:: f€�r nit re cletails about fiwN, y,(Rl can 6.111 Tours Available Visitors are alw,,ays �-velcorne at the PNIC-'. "1'lie center• is opell klonday through Friday, Please call the 111-3C:; to schedule your visit. USDA NRCS .Plant Materials Center Renate {dine North Gagne May Court House NJ 08210 'belt:: (609) X1465-25901 Fax: (609) 465-9284 The U S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, paren- tal status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all pro- grams.) Persons with disabilities who require alternative means for com- munication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.0 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer Publication Issued February 2006 United States Department of Agriculture Natural Resources N R C Conservation Service Cape May Plant Materials Center (PMC) •, 5 .l tl� I i 11111 1111 l w -W;- Sprrtina pates (Ait.) M0. 1. � C .. C-) €—a Cape .1Vlrry .PMC.' products are a M helping�' people help the ler �' �\ through better plants and seienc� A -n � Saltmeadow cordgrass Hitchcock 1951 Scientific Name: ts;r;°lrlrcirte;Ir.s 4:'kit.) N"iIIIII, Alternate Common Names: Saltmeadow cordgrass Description: SaitineadovE cordgrass is a rhiroivatous. perennial ,varrn ,Oason grai:>s ihai o r(nAs to (},7w, iii t.a:I. It finrm,, deinse: vegetative: colonies (hair seer bct„Qcn thy; hi0i iidc line an(] hi=�her mar,h elc,.aat.ion:,. I'he rolled leaf blades e,re �lpic 1�, 6 t f Iand 0.I to 0.2 iilc1e,> \-Vick. l ,eaves) are drooping and ,1 ir\ ill appe:lranco. Frorn late ,lune to Jcto.ber an hili 1:"C`;:C,f,., e"i:ic:;'£.'.t'S alt dic end iii file s1cm which i, composed oF2 -10 inch long Plant Distribution: I howl ,'h : a!''.Tnea: my L:o"doras�, iS found in alarm Mates, 'A aloe' is only recommended for i:se froill M"issachusetts to North Carolina. 11rior to using ani plant material determine its local __1 \5 li j Coastal Systems and Saltmeadow Cordgrass Healthy estuaries are critical for much of our ocean life. Estuaries provide habitat for most of our nation's commercial fish catch. Commercial and rcereat:ional tishin5, boating; and tourism provide millions ofjobs. Fishing alone generates over 5100 billion annually into the U.S. econorny. Estuary and shoreline ecosystems provide immeasurable benefits to the American way of life. The Natural Resources Conservation Service is proud to have developed 'Avalon' saltmeadow cordorass. `Avalon' saltmeadow cordgrass developed at the Cape May 11t1;'1C restores estuary ecosystems, protects coastal said dune habitat and can be used to revezatate areas altered by human activity. v _ Plant Selection Process NRCS conducts its plant development activities in keepin(,, with the: philosophy of Dr. Franklin ,i Cridor, first leader of 4vhat is no,•v the Plant Materials 11rogr arra. Dr. Crider inaintained that "in most cases, nature has evolved a plant for almost every growing condition.” III develophio 'Avalon' saltmeadow cord-rass MRCS Used the C.`omparatIve Observ'atioiI l:.yaluatic3ia process. Many populations ofthe same species were planted side by side; in evaluation plots. Populations were observed and compared to each other. The Population with promising traits and characteristics was isolated. increased, tested ill multiple; environments and released to the commercial nursery industry. Selection Attributes 'Avalon' was observed to have to superior and denser rootimy system. This naturally evolved trait enabled this genotype to provide better site: stabilization on high energy locations. Origin This material originated. from naturally occt.irring salt marsh stands located near the Borough of Avalon, in Cape klay County, New Jersey. '.Avalon' was released as a cultivar in 1987 to the commercial nt.tt'sery niarl;et. Adaptation Saltmeadow cordgrass is adapted to bath the secondary and back dWIC IOCations _6 > C11 Ws' the tidal marsh cstuarv. `Avalon' is recommended for estuary- application. Application and Uses 6 Restoring estuarine an(] marsh hat)itat © Creating new sand dune systems © 1'rotectinobeach replenishalent prot�;ts a Limited application on critical area 7t7 �— ® C f kEOEIVE® qv JUL 2 9 2015 96< APPEALS SOAR® OF USDA_e C� Phi Y :.: p .'. i :� a 6 4 �; �� Cape May Plant Materials Center Y COASTAL Description BLUESTEM Schizachyrium scoparium var. littorale (Michx.) Nash plant symbol = SCSC Contributed by- Cape May Plant Alaterials Center Uses Dzzne Stabilization: Coastal bluestem is useful for adding plant diversity to frontal back dune and secondary dune systems. It is especially well-suited for stabilizing back dune "blow-out" areas. Wildlife: This plant provides cover for ground birds and small mammals. Landscaping: With its blue-green leaves during the growing season and attractive rusty color with white fluffy seedheads in the fall, coastal bluestem is useful as an ornamental planting in coastal landscapes. Status Please consult the PLANTS Web site and your State Department of Natural Resources for this plant's current status (e.g. threatened or endangered species, state noxious status, and wetland indicator values). Coastal bluestem (Schizachyrium scoparizan var. littoralis) occurs almost exclusively along the coastal strip from southern New England to Texas. It is a short (1-2 foot) bunch grass with coarse blue-green stems and basal leaves which often appear purplish. Coastal bluestem is very similar to the inland little bluestem but can be distinguished by the bent stems at the base, whereas little bluestem stems are erect. Leaves are smooth, but frequently are covered with hair at the base next to the sheath. Leaves tend to fold with maturity. Seed head clusters are about three inches long and consist of a number of short, silvery hairs (awns) when the seeds are ripe. In the late summer to early fall a low sun slanting across the seed heads of this grass give the plant a frosty appearance. As a warm season grass, it begins growth in late spring and continues through the hot summer period until the first killing frost. The entire plant has a reddish cast after frost. Ragged brownish -tan stems often persist through the winter. Known distribution 0 Virgin Islands Adaptation Coastal bluestem is very well adapted to dry, well to excessively drained, infertile secondary dunes. It does not tolerate large amounts of sand accretion. This grass has excellent drought tolerance once established, some salt spray tolerance and poor flood tolerance. It grows preferentially on sites with pH 7.0 and slightly higher. Establishment Seeding methods for this species have not been developed for backdune stabilization. Chopping stems with mature seed attached into the sand may result in some natural recruitment. However, the most reliable method of establishment is planting plugs of this species on a 2-3 foot spacing between rows of beachgrass. A soluble fertilizer such as 10-10-10 applied at the same rate as for American beachgrass (200- 400 lbs./ac.) will be beneficial for stand establishment of the coastal bluestem. Management No special management requirements have been developed. Pests and Potential Problems There are no serious pests of coastal bluestem. Cultivars, Improved, and Selected Materials (and area of origin) A Mid -Atlantic ecotype of coastal bluestem is currently under development by the Cape May Plant Materials Center. Prepared By & Species Coordinator: Christopher F Miller, Regional Plant Materials Specialist- Somerset, NJ RECEIVED JUL P 9 2090, BOARD OF APPEALS RECEIVE® : us!2A61 NRCS2Z01 kv< P ;= BOARD OF APPEALS lJfmti !1 Sldto� 0r-pZzrtin; nt of Agn,iftury auual Resojruis Coisenazion Se,�ice Plant Guide FIVII I'O+ "M�h; P Oenothera biennis L. Plant Symbol = OEBI Contributed by- USDA NRCS National Plant Data Center ©William S Justice @ PLANTS Alternate Names Weedy evening -primrose, German rampion, hog weed, King's cure-all, fever -plant Uses Ethnobotanic: The Cherokee, Iroquois, Ojibwas, and Potawatomi were among several Native American tribes that used common evening -primrose for both food and for medicinal purposes. The roots were boiled and eaten like potatoes. The young leaves were cooked and served as greens The shoots were eaten raw A tea was made from the plant and used as a dietary aid or stimulant to treat laziness and "overfatness." A hot poultice made from the pounded roots was applied externally to treat piles and boils. A poultice made from the entire plant was used to treat bruises. The roots were chewed and rubbed onto the muscles to improve strength. The plant was used to treat pain associated with menstruation as well as bowel pain. Handfuls of people still use the plant today, medicinally and for food. Other- Common evening -primrose is commercially cultivated in over 15 countries for its oil which contains the essential fatty acids, linoleic acid and gamma linolenic acid (Kemper 1999). When the seedpods ripen, the tall stalks can be cut and used as interesting additions to dried arrangements. Wildlife: Hummingbirds visit the flowers to obtain nectar and insects to eat. The seed capsules provide food for many other birds during the winter months. It is thought that the plants are pollinated by night - visiting hawk moths, which feed on their nectar. Japanese Beetles prefer the leaves of common evening -primrose to those of other garden plants. Status Please consult the PLANTS Web site and your State Department of Natural Resources for this plant's current status (e.g. threatened or endangered species, state noxious status, and wetland indicator values). Weediness This plant may become weedy or invasive in some regions or habitats and may displace desirable vegetation if not properly managed. Please consult with your local NRCS Field Office, Cooperative Extension Service office, or state natural resource or agricultural department regarding its status and use. Weed information is also available from the PLANTS. Description General: Evening Primrose Family (Onagraceae). Oenothera biennis is a biennial, herbaceous forb. The family is so -named because the flowers are partially to fully closed during the day and open in the evening. The bright yellow to gold corolla is 2-5 cm wide, with four petals. The fragrant flowers usually last only one to two days. The erect stem, which sometimes branches near the top, can be covered with hairs. The plant grows from 3-25 din tall. Basal leaves, which form a rosette, are from 10 - Plant Materials <http://plant-materials.nres.usda.gov/> Plant Fact Sheet/Guide Coordination Page <http://plant-materials.nres.usda.gov/intranet/pfs.htin1> National Plant Data Center <http://npdc.usda.gov> 30 cm long. The stem has alternate, lanceolate - shaped leaves, 2.5-15 cm long, that are shallowly toothed and wavey at the edges. The leaves are usually hairy. The plant flowers can from June through October. Distribution: For current distribution, please consult the Plant Profile page for this species on the PLANTS Web site. Adaptation Common evening -primrose grows in dry open fields, along roadsides, railroad embankments, waste areas and in open woods. Establishment These plants do best in well -drained soils in full sun. They can be easily grown from seed. The seeds are ripe when the seed capsule begins to split open, usually in October. To insure even planting, mix the seeds with a small amount of sand prior to sowing. The seeds usually germinate within four weeks. Thereafter, the plants will generally self -sow. Please use care when cultivating this plant as it has become invasive in many parts of the world. Control Please contact your local agricultural extension specialist or county weed specialist to learn what works best in your area and how to use it safely. Always read label and safety instructions for each control method. Trade names and control measures appear in this document only to provide specific information. USDA, NRCS does not guarantee or warranty the products and control methods named, and other products may be equally effective. Cultivars, Improved, and Selected Materials (and area of origin) These plants are readily available from commercial sources. Contact your local Natural Resources Conservation Service (formerly Soil Conservation Service) office for more information. Look in the phone book under "United States Government." The Natural Resources Conservation Service will be listed under the subheading "Department of Agriculture." References Bailey, L.H. & E.Z. Bailey 1976. Hortus Third. A concise dictionary ofplants cultivated in the United States and Canada. Simon and Schuster Macmillan Co., New York, New York. 1290 pp. RECEIVED JUL 2 9 2015 BOAR® OF APPEALS Banks, W.H. 1953. Ethnobotany of the Cherokee Indians. Master of Science Thesis, University of Tennessee, Tennessee. 216 pp. Borchers, A.T., C.L. Keen, J.S. Stern & M.E. Gershwin 2000. Inflammation and Native American Medicine the role of botanicals. American Journal of Clinical Nutrition 72: 339-347. Coffey, T. 1993. The history & folklore of North American wildflowers. Houghton Mifflin, Boston, Massachusetts. 356 pp. Chapman, A.W. 1883. Flora of the southern United States Flowering Plants and Ferns. Second Edition. J. Wilson and Son, Cambridge, Massachusetts. 698 pp• Cullina, W. 2000. The New England Wild Flower Society guide to growing and propagating ivildflowers in the United States and Canada. Houghton Mifflin Company, New York, New York. 322 pp. Duncan, W. H. & L.E. Foote 1975. Wildflowers of the Southeastern United States. University of Georgia Press, Athens, Georgia. 296 pp. Hamel, P.B. & M.U. Chiltoskey 1975. Cherokee plants and their uses. A 400 year history. Herald Publishing Company, Sylva, North Carolina. 65 pp. Kemper, K.J., MD, MPH 1999. The Longwood Herbal Taskforce and the Center for Holistic Pediatric Education and Research. Evening primrose (Oenethera biennis) http://www.mcp.edu/herbal/epo/epo.pdf (13 June 2001). Martin, A.C., H.S. Zim & A.L. Nelson 1951 American wildlife and plants. A guide to lvildlife food habits. Dover Publications, New York, New York. 500 pp. Moennan, D.E. 1998 Native American ethnobotany. Timber Press, Portland, Oregon. 927 pp. Phillips, H.R. 1985. Growing and propagating ivild flowers. University of North Carolina Press, Chapel Hill, North Carolina. 331 pp. Small, J.K. 1933. Manual of Southeastern flora. University of North Carolina Press, Chapel Hill, North Carolina. 1554 pp. Steffek, E.F. 1983. The new lvild flowers and how to grow them. Timber Press, Portland, Oregon. 186 pp. Taylor, K.S. and S.F. Hamblin 1963. Handbook of wildflower cultivation. The Macmillan Company, New York, New York. 307 pp. Prepared By: Diana L. Immel Formerly USDA, NRCS, National Plant Data Center, c/o Environmental Horticulture Department, University of California, Davis, California Species Coordinator If Kat Anderson USDA, NRCS, National Plant Data Center, c/o Plant Sciences Department, University of California, Davis, California Edited: 2lJune2001 jsp; 29may03 ahv; 060802 jsp For more information about this and other plants, please contact your local NRCS field office or Conservation District, and visit the PLANTS Web site<htto://olants.usda.eov> or the Plant Materials Program Web site <http://Plant-Materials.nres.usda.eov> The U.S. Department ofAgr•iculau•e (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, ser, religion, age, disability, political beliefs, serial orientation, and marital or family status. (,dot all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication ofprogrant information (131-aille, large print, audiotape, etc.) should contact USDA's TARGET Center at 202-720-2600 (voice and TDD) 7o file a complaint q/'discrimination write USDA, Director, Q>f ce oj'Civil Rights. Room 3-16- W Whitten Building, 141h and Independence Avenue. SA; 11'ashingron, DC 20250-9410 or call 202-720-5964 (voice or 7DD). USDA is an equal opporttn by provider and employer Read about Civil RijZhts at the ;Vatural Resources Com•ervation Service. RECEIVED 68K JUL 2 9 2015 Cn*-%e May Plant Materials Center 1G United States Department of Agriculture Natural Resources Conservation Service Plant Materials Program Planting Guide Proudly Serving the Conservation Needs of the U.S. Mid -Atlantic Region from Massachusetts to North Carolina. MONARCH GERMPLASM SEASIDE GOLDENROD ED 606�� (Solidago sempervirens) JUL 2 9 2015 Primary Use: Dune Restoration Secondary Use: Wildlife Habitat NRCS Conservation Practices: WHIP, dune restoration, wildlife habitat, and shoreline erosion control Monarch Germplasm seaside goldenrod is a tested class release for use in dune restoration and wildlife habitat in the coastal plain region of the U.S. from Massachusetts to North Carolina. Monarch Germplasm was assembled from collections throughout the Mid -Atlantic region. These collections were placed in a Latin Square crossing block in the field at the Plant Materials Center. The seed produced from this composite crossing block is broad-based genetic material suitable for dune planting and use throughout the Mid -Atlantic region. BOAR® OF APPEALS Description of the Species Seaside goldenrod is a perennial forb typically three to five feet tall with dark green fleshy leaves produce abundantly along the entire length of the stem. The basal leaves are up to eight inches long and 1/2 to 1 1/2 inches wide tapering to less than one inch in length near the top of the stem. Stems arise from short, stocky rhizomes. In late February and early March, red leaves poke through the dune sand surface and soon become dark green. From late August to early October, the bright yellow flowers provide an attractive contrast to the lush, thick green vegetation. Winter identification is usually made by the bleached skeleton of woody -like stalk and dried flower parts. Goldenrod is insect pollinated, but is often blamed for inducing hay fever and conditions when the wind -pollinated ragweed is most likely the culprit. Adaptation Seaside goldenrod is a native, perennial forb well adapted to the backside of primary dunes, low secondary dunes and edges of salt marshes. The species is known to occur from Maine, south to Florida and west to Indiana and Texas. The area of adaptation of Monarch Germplasm has not been fully tested. Successful plantings have been made along the Atlantic coast from r Cape Cod, MA to North Carolina. Because Monarch Germplasm is a composite Anticipated Area of Adaptation of collections from the Mid -Atlantic and southern New England states it should perform well throughout this region. Establishment Presently, the only developed method of propagation is by root stalk or propagule division. Transplants should be made in late winter to early spring. Seeding has potential, but the technique has not been fully developed. Management Seaside goldenrod requires little maintenance. Periodic fertilization of the dunes will help maintain vigor of the vegetation. American beachgrass growing in association with goldenrod will show signs of decline when fertilization is needed long before the goldenrod shows decreased vigor. In fact, seaside goldenrod often volunteers in declining or dead stands of American beachgrass (Ammophila breveligulata). Availability Foundation seed of Monarch Germplasm seaside goldenrod is available from the USDA-NRCS, Cape May Plant Materials Center, 1536 Route 9 N., Cape May Courthouse, NJ 08210, Tele: (609) 465-5901, Fax: (609) 465-9284. [DECEIVED .1 t� B 0 A R D OF A Pr)9�i)•5: For more information about this and other conservation plants, contact your local NRCS field office or Conservation District. Visit the Plant Materials Program at http:// Plant-llatee ialsal res.usda.gov January, 1999 U' Q�j 1 The United States Department of Agriculture (USDA) prohibits discrimination in all its programs on the basis ofrace, color, national origin, gender, religion, e..r A t'C S age, disability, political beliefs, sexual orientation. and marital or family status. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint ofdiscrimination, write the USDA, Director, Office of Civil Rights, Room 326W, Whitten Building, 14" and Independence Avenue, SW Washington, D C., 20250-9410 or call (202) 720-5964 (voice m TDD). USDA is an equal opportunity provider and employer. Developing conservation technologies and products for over 30 yews... and still growing!! BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider August 10, 2015 Rob Herrmann En -Consultants 1319 North Sea Road Southampton, NY 11968 http://southoldtown.northfork.net Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 RE: ZBA Application #6865 - Sack Dear Mr. Herrmann: Transmitted for your records is a copy of the Board's August 6, 2015 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. \Sincerely, Vicki Toth Encl. Cc: Building Dept. �� r lyl e-3 — — — — — — — — — — — — — -- �,— MATCH SEE SEC N0.095 SOUND 74 2.6A(c) 7— — T� INE SE.--ES E G E N MARCH 06, 2015 A R C H I T E C T S + P L A N N E R S NOTE: INDICATES 4' POOL GATE AND FENCE MOTOR COURT;? +_ PARK AND PLAYGROUND N/O/F SUZANNE YANNIOC & MARY YANNIOC PROPOSED SITE PLAN SCALE; 1/16" = 1'-0" 0 z O 0 z Q CD z O SAV 2 12015 ,eo N.t/VG RDpRD OFAPpEA LS SEGRETE-SACK RESIDENCE CUTCHOGUE, NEW YORK 9 Lo L9 60 N 0 POWDER I PANTRY I I �i I I F D.W. �� . L D.W. nlco _i M ------------- a BD Lo 32'-94" 5'-88" 12'-0" / DINI ':—OPEN TO BELOW� 42'_ 8" MARCH 06, 2015 ARCHITECTS + PLANNERS GAS F.P. ■ ■ BEDROOM 2 12'-44" PROPOSED FIRST FLOOR PLAN 1763 SQ. FT. (CONDMONED) SCALE: 114"= 1'-0" SWIMMING POOL r Re O CD r M 7 t� r Q r C 0 � L� Ly r IL 6'-88" C r o c Q SPA c c c c c 4'-6" Q r 1111111111A I r Q c i i C r i� r c RECEIVED MAY 2 12015 r ZONING BOARD OF APPEALS pr SEGRETE-SACK RESIDENCE CUTCHOGUE, NEW YORK BEDROOM 1 C? G -4CABANA o _ BATH 14'-1" 11'-12" 521" 521" i / i 42'_ 8" MARCH 06, 2015 ARCHITECTS + PLANNERS GAS F.P. ■ ■ BEDROOM 2 12'-44" PROPOSED FIRST FLOOR PLAN 1763 SQ. FT. (CONDMONED) SCALE: 114"= 1'-0" SWIMMING POOL r Re O CD r M 7 t� r Q r C 0 � L� Ly r IL 6'-88" C r o c Q SPA c c c c c 4'-6" Q r 1111111111A I r Q c i i C r i� r c RECEIVED MAY 2 12015 r ZONING BOARD OF APPEALS pr SEGRETE-SACK RESIDENCE CUTCHOGUE, NEW YORK MARCH 06, 2015 A R C H I T E C T S + P L A N N E R S 32'-94" 6 'D GV� RECEIVED MAY 2 1 2015 ZONING BOARD OF APPEALS SEGRETE-SACK RESIDENCE CUTCHOGUE, NEW YORK MARCH 06, 2015 A R C H I T E C T S + P L A N N E R S C Q c r r lot, --- I ' ®r J a r DN. r r Q PROPOSED ROOF PLAN r r SCALE: 114"=1'-0" rse'�c�srac�c��ar�rs�c� i I �ra�a®�s�®e,�m�'sc��:camp"�a�-m��-�aeammm�smc�e�r°�r�m�ra�sc^��e�r.��amr^�erara�rs�a�arsc�!mar^�r�r^s�^a�e^^ar^ac°°i�r■s RECEIVED MAY 2 1 2015 ZONING BOARD OF APPEALS SEGRETE-SACK RESIDENCE CUTCHOGUE, NEW YORK MARCH 06, 2015 A R C H I T E C T S + P L A N N E R S PROPOSED GARAGE / BASEMENT PLAN i RECEIVED MAY 2 T 2015 ZONING BOARD OF APPEALS SEGRETE-SACK RESIDENCE CUTCHOGUE, NEW YORK TOP OF GUARDRAIL EU + 87'- 9' TOP OF ROOF EU + 84'- 9" TOP OF FIN. CEILING (2ND FL.) EL.: + 82'- 8" IJ TOP OF FIN. FLOOR (2ND FL.) EL.:+72'-8' TOP OF FIN. CEILING (1ST FL.) EL.:+71'-0' TOP OF FIN. FL. (GUEST WING) L i TOP OF FIN. FLOOR (IST FL.) r t------ EU L – -j L FIN. NORTH (POOL) TERRACE 141J EU + 56'- 0" � FINISHED MOTOR COURT 'IV EL.: + 53'- 0" MARCH 06, 2015 LEN A R C H I T E C T S + P L A N N E R S TOP OF GUARDRAIL EL: + 87'- 9' J4 TOP OF ROOF IV EU + 84'- 9" jJ4 TOP OF FIN. CEILING (2ND FL.) EL.: + 82'- 8" PROPOSED NORTH ELEVATION SCALE: 3/16" = 1'-0" 0 ---------------------------- - - — - ----- - -- — - — ---------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- TOP OF FIN. FL. (GUEST WING) TOP OF FIN. FLOOR (IST FL.) - - - - - - - --- - - - - - - - - - - - - - - - - - - - - - - - ----- EL + 60'- 0" 0 (42y, - RECEIVED FIN. NORTH (POOL) TERRACE EL + 56'- 0" Vo 1.P J� FINISHED MOTOR COURTZONING BOARD OF APPEALS EL.: + 53'- 0" — - — - — - — - — - — - — - — - — - — - — - — - ----- - — - -- PROPOSED EAST ELEVATION SCALE: 3/16" = l' -O" SEGRETE-SACK RESIDENCE CUTCHOGUE, NEW YORK - -- - - - - - - - - - -- - - - - -- -- - - - - - - ----- - -- - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - — - ----- - -- — - — ---------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- TOP OF FIN. FL. (GUEST WING) TOP OF FIN. FLOOR (IST FL.) - - - - - - - --- - - - - - - - - - - - - - - - - - - - - - - - ----- EL + 60'- 0" 0 (42y, - RECEIVED FIN. NORTH (POOL) TERRACE EL + 56'- 0" Vo 1.P J� FINISHED MOTOR COURTZONING BOARD OF APPEALS EL.: + 53'- 0" — - — - — - — - — - — - — - — - — - — - — - — - ----- - — - -- PROPOSED EAST ELEVATION SCALE: 3/16" = l' -O" SEGRETE-SACK RESIDENCE CUTCHOGUE, NEW YORK TOP OF GUARDRAIL ---' TOP OF ROOF TOP OF FIN. CEILING (2ND FQ J4 FIN. NORTH (POOL) TERRACE J4 FINISHED MOTOR COURT MARCH . uw�4 , �w.�Ol� ^^ eel —`---- ------ ---------`—`--- ----_--_- _-_'_-_'_-_'_'_-_-_'__ ` � . | _______________________________________________________—____________________________________________'_ PROPOSED SOUTH ELEVATION ` TOP OF GUARDRAIL ' __' -_' -_' -_' -_- -_' -_- � . --: +,.. ^ _- -_-''__''-_'----'__.-_---__'----__'__--_' '---'-_-'--- --- - ---'---------'---'--'---'- Ak TOP OF ROOF -- ----'--'---'-----------------'---''---'--- ---' � - �-�-- 'r ��~w^'� � �_'_'_--'_'_'_- '_-_�'—'_'_-_'__'_-_-_-_'_'_-_- TOP OF FIN. CEILING (2ND FQ —EL.-. ' ` ' ' TOP OF FIN. FLOOR (2ND FL.) '---- --------'---'---'---------- Ak TOP OF FIN. FL. (GUEST WING) '— - — - —'—'— t TOP OF FIN. CEILING (IST FQ -EL..+71'-O' --�--r�~��-�----l-'--'-__'__--__'-_-'__'--- ---- FIN. FLOOR (IST R-) TOP OF FIN. FL. (GUEST WING) TOP OF FIN. FLOOR (1ST FQ J4 FIN. NORTH (POOL) TERRACE J4 FINISHED MOTOR COURT MARCH . uw�4 , �w.�Ol� ^^ eel —`---- ------ ---------`—`--- ----_--_- _-_'_-_'_-_'_'_-_-_'__ ` � . | _______________________________________________________—____________________________________________'_ PROPOSED SOUTH ELEVATION ` TOP OF GUARDRAIL ' __' -_' -_' -_' -_- -_' -_- � . --: +,.. ^ _- -_-''__''-_'----'__.-_---__'----__'__--_' '---'-_-'--- --- - ---'---------'---'--'---'- Ak TOP OF ROOF -- ----'--'---'-----------------'---''---'--- ---' � - �-�-- 'r ��~w^'� � �_'_'_--'_'_'_- '_-_�'—'_'_-_'__'_-_-_-_'_'_-_- TOP OF FIN. CEILING (2ND FQ —EL.-. ' ` ' ' '---- --------'---'---'---------- Ak TOP OF FIN. FL. (GUEST WING) '— - — - —'—'— t - —'-��- -EL..+71'-O' --�--r�~��-�----l-'--'-__'__--__'-_-'__'--- ---- FIN. FLOOR (IST R-) . ��J ' �� o_ ��` .~� __'-__'-_--_---__'-____________________________________________________________________________________________________________________________________________ r�Y»`� PROPOSED WEST ELEVATION - � SCALE: 3/16n = ]/-[Y' Or-/-*,MrTr 0aI-%,Z r"%rr%nr-%rK n/ -r A E 0E8YORK '---- --------'---'---'---------- Ak TOP OF FIN. FL. (GUEST WING) --�--r�~��-�----l-'--'-__'__--__'-_-'__'--- ---- FIN. FLOOR (IST R-) . ��J ' �� o_ ��` .~� __'-__'-_--_---__'-____________________________________________________________________________________________________________________________________________ r�Y»`� PROPOSED WEST ELEVATION - � SCALE: 3/16n = ]/-[Y' Or-/-*,MrTr 0aI-%,Z r"%rr%nr-%rK n/ -r A E 0E8YORK