HomeMy WebLinkAboutTR-10234 Glenn Goldsmith, President v 0 Town Hall Annex
®� 54375 Route 25
A. Nicholas Krupski, Vice President ® P.O. Box 1179
Eric Sepenoski AL Southold, New York 11971
Liz Gillooly Telephone(631) 765-1892
Elizabeth Peeples Fax(631) 765-6641
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BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
SOUTHOLD TOWN BOARD OF TRUSTEES
YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES
72 HOURS PRIOR TO COMMENCEMENT OF THE ACTIVITIES CHECKED OFF
BELOW
INSPECTION SCHEDULE
Pre-construction, hay bale line/silt boom/silt curtain
1St day of construction
% constructed
When project complete, call for compliance inspection;
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BOARD OF SOUTHOLD TOWN TRUSTEES
SOUTHOLD,NEW YORK
PERMIT NO. 10234 DATE: OCTOBER 19,2022
ISSUED TO: JAMES &LINDA GEMMILL
PROPERTY ADDRESS: 6004 INDIAN NECK LANE,PEC ONIC
SCTM# 1000-98-5-18
AUTHORIZATION
Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in
accordance with the Resolution of the Board of Trustees adopted at the meeting held on October 19, 2022, and
wa in consideration of application fee in the sum of$250.00 paid by James & Linda Gemmill and subject to the
Terms and Conditions as stated in the Resolution,the Southold Town Board of Trustees authorizes and permits 1
the following: *ays
Wetland Permit to remove existing 16' x 20' wood deck and embankment stairs with two ; -° ri•`,.
landings; construct a 10' x 20' grade-level masonry patio and a new embankment stairway,
consisting of a 4' x 8' top landing with two entry steps from patio,4 x 12'-6"stairs, a 4 x 8
middle landing,and 4' x 9'-2"stairs to existing 11' x+36' deck; remove easterly 11' x 16'
h portion of existing 11' x+36' deck, and shift existing 8' x 12' shed approximately 36"west on _
,• '`° westerly 11' x 19.7' section of deck to remain; replace and relocate existing 4' x 6' steps to E�
beach off bulkhead; and establish a 10' wide non-turf buffer landward of top of bank; all as .�
depicted on the site plan prepared by Richard C.Wright Architect, received on September 28, ,
2022 and stamped approved on October 19,2022. '4"s
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` IN WITNESS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affixed,and these r
f presents to be subscribed by a majority of the said Board as of the day and year first above written. =
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TERMS AND CONDITIONS
The Permittee James &Linda Gemmill residing at 6004 Indian Neck Lane Peconic,
New York as part of the consideration for the issuance of the Permit does understand and
prescribe to the following:
1. That the said Board of Trustees and the Town of Southold are released from any and all
damages, or claims for damages, of suits arising directly or indirectly as a result of any
operation performed pursuant to this permit, and the said Permittee will, at his or her own
expense, defend any and all such suits initiated by third parties, and the said Permittee
assumes full liability with respect thereto, to the complete exclusion of the Board of
Trustees of the Town of Southold.
2. That this Permit is valid for a period of 24 months, which is considered to be the estimated
time required to complete the work involved, but should circumstances warrant, request for
an extension may be made to the Board at a later date.
3. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to
maintain the structure or project involved,to provide evidence to anyone concerned that
authorization was originally obtained.
4. That the work involved will be subject to the inspection and approval of the Board or its
agents, and non-compliance with the provisions of the originating application may be cause
for revocation of this Permit by resolution of the said Board.
5. That there will be no unreasonable interference with navigation as a result of the work
herein authorized.
6. That there shall be no interference with the right of the public to pass and repass along the
beach between high and low water marks.
7. That if future operations of the Town of Southold require the removal and/or alterations in
the location of the work herein authorized, or if, in the opinion of the Board of Trustees,
the work shall cause unreasonable obstruction to free navigation,the said Permittee will be
required, upon due notice,to remove or alter this work project herein stated without
expenses to the Town of Southold.
8. That the said Board will be notified by the Permittee of the completion of the work
authorized.
9. That the Permittee will obtain all other permits and consents that may be required
supplemental to this permit, which may be subject to revoke upon failure to obtain same.
10. No right to trespass or interfere with riparian rights. This permit does not convey to the
permittee any right to trespass upon the lands or interfere with the riparian rights of others
in order to perform the permitted work nor does it authorize the impairment of any rights,
title, or interest in real or personal property held or vested in a person not a party to the
permit.
Glenn Goldsmith,President ®f S0 - Town Hall Annex
®� ®. 54375 Route 25
A. Nicholas Krupski,Vice President
P.O. Box 1179
Eric Sepenoski Southold, New York 11971
Liz Gilloolybc
G Telephone(631) 765-1892
Elizabeth Peeples ® y® Fax(631) 765-6641
®�No'uNTV,�
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
October 21, 2022
Robert E. Herrmann
En-Consultants
1319 North Sea Road
Southampton, NY 11968
RE: JAMES & LINDA GEMMILL
6004 INDIAN NECK LANE, PECONIC
SCTM# 1000-98-5-18
Dear Mr. Herrmann:
The Board of Town Trustees took the following action during its regular meeting held on
Wednesday, October 19, 2022 regarding the above matter:
WHEREAS, En-Consultants on behalf of JAMES & LINDA GEMMILL applied to the Southold
Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the
Wetland Ordinance of the Town of Southold, application dated July 20, 2022, and,
WHEREAS, said application was referred to the Southold Town Conservation Advisory Council
and to the Local Waterfront Revitalization Program Coordinator for their findings and
recommendations, and,
WHEREAS, the LWRP Coordinator issued a recommendation that the proposed action be
found Consistent with the Local Waterfront Revitalization Program policy standards, and,
WHEREAS, the LWRP Coordinator recommended that the as-built 11'x19.7' section of deck to
remain, be found Inconsistent with the LWRP, and,
WHEREAS, the Board of Trustees has furthered the Local Waterfront Revitalization Program
Policy to the greatest extent possible through the imposition of the following Best Management
Practice requirements: current permit is replicating a similar permit previously issued by
Trustees; and,
WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on
October 19, 2022, at which time all interested persons were given an opportunity to be heard,
and,
WHEREAS, the Board members have personally viewed and are familiar with the premises in
question and the surrounding area, and,
2
WHEREAS, the Board has considered all the testimony and documentation submitted
concerning this application, and,
WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold
Town Code,
WHEREAS, the Board has determined that the project as proposed will not affect the health,
safety and general welfare of the people of the town,
NOW THEREFORE BE IT,
RESOLVED, that for the mitigating factors and based upon the Best Management Practice
requirement imposed above, the Board of Trustees deems the action to be Consistent with the
Local Waterfront Revitalization Program pursuant to Chapter 268 of the Southold Town Code,
and,
RESOLVED, that the Board of Trustees APPROVES the application of the JAMES & LINDA
GEMMILL to remove existing 16' x 20' wood deck and embankment stairs with two landings;
construct a 10' x 20' grade-level masonry patio and a new embankment stairway, consisting of a
4' x 8' top landing with two entry steps from patio, 4' x 12'-6" stairs, a 4' x 8' middle landing, and
4' x 9'-2" stairs to existing 11' x +36' deck; remove easterly 11' x 16' portion of existing 11' x
+36' deck, and shift existing 8' x 12' shed approximately 36" west on westerly 11' x 19.7' section
of deck to remain; replace and relocate existing 4' x 6' steps to beach off bulkhead; and
establish a 10' wide non-turf buffer landward of top of bank; all as depicted on the site plan
prepared by Richard C. Wright Architect, received on September 28, 2022 and stamped
approved on October 19, 2022.
Permit to construct and complete project will expire two years from the date the permit is signed.
Fees must be paid, if applicable, and permit issued within six months of the date of this
notification.
Inspections are required at a fee of$50.00 per inspection. (See attached schedule.)
Fees: $50.00
VXnnGlyoldsm
ours,
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G h, President
Board of Trustees
GG/dd
Glenn Goldsmith,President \�g�FFt �OGyq Town Hall Annex
A.Nicholas Krupski,Vice President < 54375 Route 25
0
Eric Sepenoski �' ?, P.O.Box 1179
Liz Gillooly �y • ���} Southold,NY 11971
Elizabeth Peeples �Ol Telephone(631)765-1892
Fax(631)765-6641
Southold Town Board of Trustees
Field Inspection Report
Date/Time: 10%-2z Completed in field by:
En-Consultants on behalf of JAMES & LINDA GEMMILL requests a Wetland Permit to
remove existing 16'x20' wood deck and embankment stairs with two landings; construct
a new embankment stairway consisting of a 10'x10' top landing with two entry steps,
4'x12'6" stairs, a 4'x8' middle landing, and 4'x9'2" stairs, leading to existing 11'x36'
deck; remove easterly 11'x16' portion of existing 11'x36' deck, and shift existing 8'x12'
shed approximately 36" west on westerly 11'x19'7" section of deck to remain; replace
and relocate existing 4'x6' steps to beach off bulkhead; construct a 10'x20' grade-level
masonrypatio landward of buffer; and to establish and perpetually maintain a 10' wide
non-turf buffer area along the landward edge of top of bank. Located: 6004 Indian Neck
Lane, Peconic. SCTM# 1000-98-5-18
Typ"f area to be impacted:
,/Saltwater Wetland Freshwater Wetland Sound \4ay
Part of Town Code proposed work falls under: I-/Chapt.275 Chapt. 111 other
Type of Application: ✓ Wetland Coastal Erosion Amendment
Administrative Emergency Pre-Submission Violation
Notice of Hearing card posted on property: Yes No Not Applicable
Info needed/Modifications/Conditions/Etc.:
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Present Were: I/G. 9ldsmith ✓N. Kr9ski `"/E. Sepenoski
L. Gillooly ✓ E. Peeples
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BoardSouthodrTowuste GPROPOSED PATIO RICHARD . ARIGHT ``� 8
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FOR
A R G H I T E G T THE GEMMILL FAMILY
12 HARTMAN HILL ROAD :' �o� �,� � 6004 INDIAN NECK LANE, PEGONIG NEW YORK 17^
HUNTIN&TON VILLAGE STM SGTM 1000 98 5 18
NEW YORY 11743 _y>�._� .,•+R NO
65154M 1700 REALRIT'E®AOL.COM SCALE: AS NOTED DATE 25 SEPT 2022 OF 1
OFFICE LOCATION: VZO,�e1tu'Ell
MAILING ADDRESS:
Town Hall Annex P.O. Box 1179
54375 State Route 25 Southold, NY 11971
(cor.Main Rd. &Youngs Ave.) Telephone: 631 765-1938
Southold, NY 11971 ��
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
To: Glenn Goldsmith, President
Town of Southold Board of Trustees
From: Mark Terry, AICP
Assistant Town Planning Director
LWRP Coordinator
Date October 19, 2022
Re: Local Waterfront Revitalization Program Coastal Consistency Review for JAMES & LINDA
GEMMILL
SCTM# 1000-98-5-18
En-Consultants on behalf of JAMES & LINDA GEMMILL requests a Wetland Permit to remove
existing 16°x20" wood deck and embankment stairs with two landings; construct a new
embankment stairway consisting of a 10°x10' top landing with two entry steps, 4'x12''6"stairs, a
4'x8' middle landing, and 4'x9'2" stairs„ leading to existing 11'x36" deck; remove easterly 11"x16'
Portion of existing 11'x36' deck, and shift existing 3'x12' shed approximately 36 west on
westerly 11'x19'7" section of deck to remain; replace and relocate existing 4'x6" steps to beach
off bulkhead; construct a 10'x20' grade-level masonry patio landward of buffer, and to establish
and perpetually maintain a 10 wide non-turf buffer area along the landward edge of top of bank
Located: 6004 Indian Neck Lane, Peconic, SCTM# 1000-98-5-13
The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the
Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy
Standards. Based upon the information provided on the LWRP Consistency Assessment Form
submitted to this department, as well as the records available to me, it is my recommendation
that the proposed action is CONSISTENT with the LWRP policies and therefore CONSISTENT
with the LWRP.
The existing as-built 11' x 19.7 section of deck to remain is recommended as
INCONSISTENT with the below-listed policies:
Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem
6.3 Protect and restore tidal and freshwater wetlands.
A. Comply with statutory and regulatory requirements of the Southold Town Board of
Trustees Caws and regulations for all Andros Patent and other lands under their
jurisdiction
1. Comply with Trustee regulations and recommendations as set forth in
Trustee permitconditions
The as-built deck and shed structures were constructed without a Wetlands
Permit. The 11' x 16' on-grade platform/deck does not comply with the following
Town Code section:
§275-11. Construction and operation standards,
(6) Platforms
I [Amended 10-11-2005 by L.L. No. 17-2005; 10-9-2012 by L.L. No. 12-2012]
(a) Platforms associated with stairs may not be larger than 100 square feet.
[Amended 1-29-2013 by L.L. No. 1-2013]
(b) Platforms may not exceed 200 square feet and must be landward of the top
of bluff.
The platform associated with stairs with as built shed is located seaward of
the top of bank equals 216.7 square feet and does not comply with above
regulations.
Cantrell, Elizabeth
From: Robert Herrmann <rherrmann@enconsultants.com>
Sent: Wednesday, September 28, 2022 12:23 PM
To: Cantrell, Elizabeth
Subject: RE: Gemmill
Here it is:
Remove existing 16' x 20' wood deck and embankment stairs with two landings; construct a 10' x 20' grade-
level masonry patio and a new embankment stairway, consisting of a 4' x 8' top landing with two entry steps
from patio, 4' x 12'-6" stairs, a 4' x 8' middle landing, and 4' x 9'-2" stairs to existing 11' x+36' deck; remove
easterly 11' x 16' portion of existing 11' x+36' deck, and shift existing 8' x 12' shed approximately 36" west on
westerly 11' x 19.7' section of deck to remain; replace and relocate existing 4' x 6' steps to beach off bulkhead;
and establish a 10' wide non-turf buffer landward of top of bank, all as depicted on the site plan prepared by
Richard C. Wright Architect, dated September 22, 2022.
From: Cantrell, Elizabeth [ma i Ito:el izabethc@town.southold.ny.us]
Sent: Wednesday, September 28, 2022 11:02 AM
To: 'Robert Herrmann'
Subject: RE: Gemmill
Hi Rob.
Would you be able to give me a revised project description by sometime next week? The Board requires them when
changes are made to be in the file for the meeting.
Thank you.
Senor nr or Offuc e Assistant
11,01MI of Southold
flryca.rc:l of Tr.e:us::ees
Clffice, 631-765-1892
Hniiaii: lazaa> :4v.c: sc�u,.aalaa::pic a anuuuay.ayc
From: Robert Herrmann<rherrmann@enconsultants.com>
Sent:Tuesday, September 27, 2022 3:53 PM
To:Cantrell, Elizabeth<elizabethc@town.southold.ny.us>
Subject: RE:Gemmill
Elizabeth,
Please find attached a new plot plan prepared by Richard C. Wright,Architect,which depicts 1)confirmed locations for
the existing trees at the top of the bank; and 2) a very slight shift in the position of the proposed paths and stairway,along
with the replacement of the previously proposed 10' x 10' landing with a 4' x 8' landing/walkway between the patio and
stairway,to ensure that the proposed construction avoids those trees. The scope of the proposal remains otherwise
unchanged.
1
Given the minimal change to the plan,I'm not sure it's necessary to have the site re-staked for additional site inspection
by the Trustees,but if you could please check with them and let me know as soon as you can whether they wish us to do
so, that would be great. In either case,we are ready for the hearing to be opened on October 191h. We will mail or drop
off three(3)copies of the updated plan.
Thanks,
Rob
From: Cantrell, Elizabeth [maHto:elizabethc@to southoldny.us]
Sent: Friday, September 09, 2022 10:01 AM
To: 'Robert Herrmann'
Subject: RE: Gemmill
Rob,
Understood. The Gemmill application will be postponed and rescheduled to our October 19, 2022 public hearing date,
Senior Office Assistant
'I own. of Souttaoid
Board of'Trustees
Office: 631.765-1892
ErnaiL el i za bethc @sou d i old ro",i i o)L..'',o
From: Robert Herrmann<rherrmann2enconsultants.com>
Sent: Friday, September 9, 2022 9:37 AM
To:Cantrell, Elizabeth<elizabeth[1,1111�16)town�southold.nvus>
Subject:Gemmill
Elizabeth,
During field inspections,we found that the stake-out of the proposed top stairway landing reveals an inconsistency with
the intention of the proposed plans,which was to avoid conflict with a large oak tree positioned at the top of the bank. In
order to resolve,we will need to have the locations of the trees confirmed by the surveyor and then,if needed,adjust the
proposed stairway plan accordingly.
As we will not be able to accomplish this by next week's meeting,I'm writing to request that you please postpone the
hearing until the October 19th meeting.
Please confirm.
Thanks,
Rob
Robert E.Herrmann,MEM
Coastal Management Specialist
En-Consultants
1319 North Sea Road
Southampton,NY 11968
Phone: 631-283-6360
Fax:631-283-6136
Email:rherrmann@enconsultants.com
2
Cantrell, Elizabeth
From: Robert Herrmann <rherrmann@enconsultants.com>
Sent: Tuesday, September 27, 2022 3:53 PM
To: Cantrell, Elizabeth
Subject: RE: Gemmill
Attachments: Gemmill DECK schematic 28 Sept 2022.pdf
Elizabeth,
Please find attached a new plot plan prepared by Richard C. Wright,Architect,which depicts 1)confirmed locations for
the existing trees at the top of the bank;and 2) a very slight shift in the position of the proposed patio and stairway,along
with the replacement of the previously proposed 10' x 10' landing with a 4' x 8' landing/walkway between the patio and
stairway,to ensure that the proposed construction avoids those trees. The scope of the proposal remains otherwise
unchanged.
Given the minimal change to the plan,I'm not sure ifs necessary to have the site re-staked for additional site inspection
by the Trustees,but if you could please check with them and let me know as soon as you can whether they wish us to do
so,that would be great. In either case,we are ready for the hearing to be opened on October 19th. We will mail or drop
off three(3)copies of the updated plan.
Thanks,
Rob
From: Cantrell, Elizabeth [ma i Ito:el izabethc@town.southold.ny.us]
Sent: Friday, September 09, 2022 10:01 AM
To: 'Robert Herrmann'
Subject: RE: Gemmill
Rob,
Understood. The Gemmill application will be postponed and rescheduled to our October 19, 2022 public hearing date.
Senor Office Assistant
J OVVVI of Sot.urlaold
Board of I rt,kstees
C)ffice: 631-.765-1892
From: Robert Herrmann<rherrmann@enconsultants.com>
Sent: Friday, September 9, 2022 9:37 AM
To: Cantrell, Elizabeth <elizabethc@town.southold.ny.us>
Subject: Gemmill
Elizabeth,
During field inspections,we found that the stake-out of the proposed top stairway landing reveals an inconsistency with
the intention of the proposed plans,which was to avoid conflict with a large oak tree positioned at the top of the bank. In
order to resolve,we will need to have the locations of the trees confirmed by the surveyor and then,if needed,adjust the
proposed stairway plan accordingly.
As we will not be able to accomplish this by next week's meeting,I'm writing to request that you please postpone the
hearing until the October 19�h meeting.
Please confirm.
Thanks,
Rob
Robert E.Herrmann,MEM
Coastal Management Specialist
En-Consultants
1319 North Sea Road
Southampton,NY 11968
Phone:631-283-6360
Fax:631-283-6136
Email:riierrmarin�"ejicoT,istjltaj ts.com
www.enconsultants.com
ATTENTION: This email came from an external source. Do not open attachments or click on links from
unknown senders or unexpected emails.
2
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RICHARD IA/WG�WRIGHT ' "" BEACH ROM EV�E55 5PATITTAIR VESIGN
A R G H I T E G T ?114 THF-
MMILL FAMIL"
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12 HAMAN HILL ROAD &GO4 INDIAN NECK LANE PEC,0NIG NEN YORK PAQ6
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NEW YORY 11743
631 5491100 REALRITEDAOL.COM 94 :.ASMOTT�+ :?A-, 26:e.'"'r:O= OF 1
Cantrell, Elizabeth
From: Robert Herrmann <rherrmann@enconsultants.com>
Sent: Friday, September 9, 2022 9:37 AM
To: Cantrell, Elizabeth
Subject: Gemmill
Elizabeth,
During field inspections,we found that the stake-out of the proposed top stairway landing reveals an inconsistency with
the intention of the proposed plans,which was to avoid conflict with a large oak tree positioned at the top of the bank. In
order to resolve,we will need to have the locations of the trees confirmed by the surveyor and then,if needed,adjust the
proposed stairway plan accordingly.
As we will not be able to accomplish this by next week's meeting,I'm writing to request that you please postpone the
hearing until the October 191h meeting.
Please confirm.
Thanks,
Rob
Robert E.Herrmann,MEM
Coastal Management Specialist
En-Consultants
1319 North Sea Road
Southampton,NY 11968
Phone: 631-283-6360
Fax: 631-283-6136
Email:rherrmann@enconsultants.com
www.enconsultants.com
ATTENTION: This email came from an external source. Do not open attachments or click on links from
unknown senders or unexpected emails.
i
�w. � Town Hall Annex
Genn Goldsmith, President
A.Nicholas Krupski,Vice President 54375 Route 25
CD
Eric Sepenoski ,ze: Q P.O. Box 1179
Liz Gillooly ' Southold,NY 11971
Elizabeth Peeples , Telephone(631)765-1892
Fax(631)765-6641
Southold Town Board of Trustees
Field Inspection Report
Date/Time: I L2 Completed in field by: b peitxLo
En-Consultants on behalf of JAMES & LINDA GEMMIL requests a Wetland Permit to
remove existing 16'x20' wood deck and embankment stairs with two landings; construct
a new embankment stairway consisting of a 10'x10' top landing with two entry steps,
4'x12'6" stairs, a 4'x8' middle landing, and 4'x9'2" stairs, leading to existing 11'x36'
deck; remove easterly 11'x16' portion of existing 11'x36' deck, and shift existing 8'x12'
shed approximately 36" west on westerly 11'x19'7" section of deck to remain; replace
and relocate existing 4'x6' steps to beach off bulkhead; construct a 10'x20' grade-level
masonry patio landward of buffer; and to establish and perpetually maintain a 10' wide
non-turf buffer area along the landward edge of top of bank. Located: 6004 Indian Neck
Lane, Peconic. SCTM# 1000-98-5-18
Type of area to be impacted:
Saltwater Wetland Freshwater Wetland Sound Bay
Part of Town Code proposed work falls under: Chapt.275 Chapt. 111 other
Type of Application: Wetland __Coastal Erosion Amendment
Administrative Emergency _ Pre-Submission Violation
Notice of Hearing card posted on property: Yes No Not Applicable
Info needed/Modifications/Conditions/Etc.:
Present Were: G. Goldsmith N. Krvpski E. Sepenoski
, L. Gillooly " E. Peeples
10'-0'NON-TURF
BUFM
ECEIVE TRIM
XXL \
I BEY IOA'X IOA' �I■
S PROPOSED
IU � N. LANDI
RAIL
BALUSTRADES OUT
TRUGTION •
JUL 2 0 2022 RAJLING
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BULKHEAD
RELOCATED 117010" 9'-2' 15 T•10'■12'-6'
STAIR TO 0OT BOTTOM
� EXIST BH OF BANK pROppSED 414 STAIR WITH LANDINGS PROPOSED LANDING
BBAGH EL 59' 24'-10' 10'-0'
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PORTION OF
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EXISTING SFr BAG
STAIR TO
i �VE PLOT PLAN
EXISTING SCALE: I" = 20.0'
STAIR TO MHWM.
BE'°`C�H�� PLOT PLAN INFORMATION
AND DATA DERIVED FROM
S56°18'02"W 79.82 WRVEY5 4 TOPOGRAPHY
PREPARED BY PEGONIG
PECONI C BA Y 51JRVEYORS PG
DATED:
NOV 16,2016
RICHARD G. INRIGHT PROP05EV PATIO 4 SCHEMATIC,
AIA/NOARS BEACH ACCE55 STAIR DESIGN
ARGHITEGT FOR
'THE GEMMLLFAMILY VMS No
12 HARTMAN HILL ROAD i 4 INDIAN NECK LANE, FECONIG NEW YORK
HUNTINGTON VILLAGE SGTM 1000 98 5 18
NEW YORY 11145
651 544 I?00 REALRITE®AOL.COM �55GALE: A5 NOTED DATE 25 JUNE 2022
EfjCE 1 V E SURVEY OF PROPERTY
A T PECONIC
0 2022 TO WN OF SO UTHOLD
SUFFOLK COUNTY, N. Y.
�u"odTo 1000-98-05-18
Board of Trustees
�a
SCALE: 1' 50'
JUNE 11, 2010
REAAPRIL 4, 2016
D NOVEMBER 30, 2015
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08/21/15
0.5'
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--- tide ti4 c /
0 1
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PALE BROWN FlNE TO MEDIUN SAND SP
VO
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NOTE.• NO WATER ENCOUNTERED
CERTIFIED TO
JAMES N. GEMMILL
FIDELITY NATIONAL TITLE
INSURANCE COMPANY
FLOOD ZONE FROM FIRM o �'"�=T Pad
#36103C0164H
ELEVATIONS AND CON TOURLINES ARE REFERENCED TO NA VD 88
ANY ALTERATION OR ADD177ON TO THIS SURVEY IS A VIOLATION AREA = 44, 745 S 1' t. S. LIC. N0. 49618
OF SEC77ON 7209OF THE NEW YORK ST47E EDUCA77ON LAW. q CONIC-=SSU S,.P.C.
EXCEPT AS PER SEC110N 7209-SUBDIVISION 2. ALL CER17FlCA170NS Or .1.027 Acres (t0 Tie Line) (631) 765-5020 FAX (631) 765-1797
HEREON ARE VALID FOR 77-IIS MAP AND COPIES THEREOF ONLY IF
SAID MAP OR COP/ES BEAR THE IMPRESSED SEAL OF THE SURVEYOR P.O. BOX 909
WHOSE SIGNATURE APPEARS HEREON. 12JOSOUTHOLD
M ANSTREET
.Y. 11971 10-151
CC# : C17-42693
COUNTY CLERK'S OFFICE
STATE OF NEW YORK
COUNTY OF SUFFOLK
I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court
of Record thereof do hereby certify that I have compared the annexed with the original
DECLARATION
recorded in my office on 10/12/2017 under Liber D00012933 and Page 327 and,
that the same is a true copy thereof, and of the whole of such original.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County
and Court this 10/12/2017
SUFFOLK COUNTY CLERK
JUDITH A.PASCALE
SEAL
T
I IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII IIII IIII
111111 1111111111 IN IN
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DECLARATION Recorded: 10/12/2017
Number of Pages : 9 At: 10 :20 : 40 AM
Receipt Number : 17-0178908
LIBER: D00012933
PAGE : 327
District: Section: Block: Lot:
1000 098 . 00 05 . 00 018 . 000
EXAMINED AND CHARGED AS FOLLOWS
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $45 . 00 NO Handling $20 . 00 NO
COE $5 . 00 NO NYS SRCHG $15 . 00 NO
TP-584 $0 . 00 NO Notation $0 . 00 NO
Cert.Copies $5 . 85 NO RPT $200 . 00 NO
Fees Paid $290 . 85
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
^ . .
. . .
21
RECORDED
Number of pages
201'? Oct 12 1020.40 Ar,
JUDITH A. PPSCALE
CLERK OF
L D00012933
P 327
Deed Mortgage Instrument Deed Mortgage Tax Stamp Recording/Filing Stamps
Page Filing Fee Mortgage Amt.
1.Basic Tax
Handling 20. 00 2. Additional Tax
TP-584 SubTotal
Notation Spec./Assit.
EA-52 17(County)__ Sub Total
EA-5217(State) TOT.MTG.TAX
R.P.T.S.A. Dual Town Dual County
Held for Appointment
Transfer Tax
Affidavit Mansion Tax
The property covered by this mortgage is
Certified COPY
or will be improved by a one or two
NYS Surcharge 15. 00 family dwelling only.
-- Sub Total is's YES or NO
Other
Grand Total If NO, see appropriate tax clause on
page#-of this instrument.
4 Dist. H 3491728 1000 09800 0500 018000 N 5 Community Preservation Fund
Real Property p T S Consideration Amount $
Agency 04-OCT-1 I IN IIIII III 11111111111111 CPF Tax Due
Verification
Improved
' "
Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD&RETURN TO: Vacant Land
TD
1319 North Sea Road TD
Southampton,NY 11968 TD
Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Company Information
310 Center Drive, Riverhead, NY 11901 'Co.Name
8 Suffolk- County Recording & Endorsement Page
This page forms part of the attached Declaration ofCovenant made
by: (SPECIFY TYPE OFINSTRUMENT)
James N. Gernmill The premises herein is situated in
Linda B. Gemmill SUFFOLK COUNTY,NBNYO0(
TO |ntheTOVVNof Southold
Town of .-outhold |nthe VILLAGE
Board of Trustees orHAMLET of Peconic
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
DECLARATION OF COVENANTS
THIS DECLARATION made this day of_ ��-�a��' , 2017, by James N. Gemmill &
Linda B.Gemmill,35 Hartman Hill,Huntington,NY 11743,hereinafter referred to as"DECLARANTS":
WITNESSETH:
WHEREAS, DECLARANTS are the owners of certain real property located at 6004 Indian Neck Road,
Peconic,Town of Southold, County of Suffolk, State of New York,described in the Suffolk County Tax Map as
District 1000, Section 98, Block 5, Lot 18, which is more particularly bounded and described as set forth in
Schedule "A"annexed hereto,hereinafter referred to as the Property;
WHEREAS, the property is situated on lands within the jurisdiction of the Board of Trustees of the
Town of Southold (hereinafter the "Trustees") pursuant to Chapter 275 of the Town Code of the Town of
Southold or its successor, and various activities conducted upon the property may thus be subject to the
regLilation and approval of the Trustees prior to being conducted;and
WHEREAS, the DECLARANTS therefore made application to the Trustees for a permit pursuant to the
Wetlands Law of the Town of Southold to undertake certain regulated activities;and
WHEREAS,on August 16,2017,the Trustees approved the application and issued a permit with terms and
conditions;and
WHEREAS,the issued permit,term and conditions of the permit,as well as the survey prepared by Peconic
Surveyors,P.C. , last revised on June 29, 2017, and stamped approved by the Trustees on August 16, 2017, upon
which the permit is based,are annexed hereto as Schedule'S,"and
WHEREAS, as a condition of the granting of a Wetlands Permit to undertake such regulated activities,
the Trustees required that ten-foot wide"non-turf buffer"be established and maintained landward of the top of
bank, as depicted on the survey prepared by Peconic Surveyors,P.C. ,last revised on June 29,2017,and stamped
approved by the Trustees on August 16,2017;
NOW,THEREFORE,the DECLARANTS do hereby covenant and agree as follows:
1) Upon the substantial completion of the permitted activities there shall be established and
perpetually maintained landward of the top of bank, a ten wide "non-turf buffer" as defined by
Chapter 275 of the Town Code, as depicted the survey prepared by Peconic Surveyors, P.C. , last
revised on June 29,2017,and stamped approved by the Trustees on August 16,2017.
2) The DECLARANTS shall at all times comply with the Terms and Conditions of the permit, a
copy of which is attached hereto in Schedule`B"annexed hereto.
3) These covenants shall run with the land and shall be binding on the DECLARANTS, their heirs,
assigns, purchasers, or successors in interest and may be modified only upon resolution of the
Board of Trustees.
(THIS SPACE LEFT BLANK INTENTIONALY)
IN WITNESS WHEREOF,the owners have duly executed this instrument this day of
2017.
es N.Ge 1
�,1 �/ m B.Gemmill
STATE OF I-Q W V o r I-- :
ss:
COUNTY OF -S LA %C bc®1(�
On the
_Y� day of—D -d-p�e r ,in the year 2017,before me the undersigned, a Notary Public in and
for said State, personally appeared James N. Gemmill personally known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to
me that he executed the same in his capacity, and that by his signature on the instrument, the individual or the
person on behalf of which the individual acted,executed the instrum t.
AQfgiy� Q
Public
LISA A FERRARO
Notary Public-State of New York
STATE OF ! j NO.01 FE50501
SS: 55
Qualified in Suffolk County
COUNTY OF
� ®p� My Commission Expires Dec 17,2017
8
On the 6 day of_ ®C�``- , in the year 2017,before me the undersigned, a Notary Public in and
for said State, personally appeared Linda B. Gemmill personally known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to
me that she executed the same in her capacity, and that by her signature on the instrument, the individual or the
person on behalf of which the individual acted,executed the instrument.
Notary Public
ASU 0NY PAPf lCX Wl0
Wbmmly Publle.state of Plea v**
No.DIW6345585
®ualed In Suffolk
11
@omnlsslon a July ou®
i
SCHEDULE A
ALL that certain plot, piece or parcel of land, situate, lying and being at Peconic, Town of Southold,
County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at the northeast corner thereof, distant South 24 degrees 42 minutes 20 seconds East,
837.64 feet from the southerly side of Indian Neck Road, as measured along the westerly line of land
now or formerly of Beaney (formerly Ruts);
THENCE from said point or place of beginning, running along said land now or formerly of Beaney,
South 24 degrees 42 minutes 20 seconds East, 492.95 feet to the ordinary high water mark of Peconic
Bay;
THENCE along the ordinary high water mark of Peconic Bay on a tie line South 56 degrees 18
minutes 02 seconds West 79.82 feet to land now or formerly of Constan;
THENCE along said land North 27 degrees 05 minutes 50 seconds Wet, 506.98 feet;
THENCE North 65 degrees 55 minutes 50 seconds East, 100.00 feet to the point or place of
BEGINNING.
TOGETHER with a 16 foot right of way, the easterly and northerly line of which are described
below:
BENNING at a point on the southerly line of Indian Neck Road South 75 degrees 22 minutes 20
seconds West a distance of 127.22 feet along said southerly line from to northeasterly corner of land
now or formerly of B & B Beany (formerly Ruts); from said point of beginning running the following
two courses:
1) South 25 degrees 42 minutes 210 seconds East, a distance of 858.46 feet;
2) North 65 degrees 55 minutes 50 seconds East a distance of 34.81 feet to a monument at the
northwesterly corner of land hereinabove described, the westerly and southerly lines of said
right of way being 16.00 feet westerly and southerly from the above described lines, measured
at right angles thereto. Said right to the use of said right of way being for the purposes of
ingress and egress to and from said premises and to and from Indian Neck Road, and for the
installation, maintenance, repair and replacement of public utility lines, pipes, wires and
conduits along the surface, below the surface and above the surface of said right of way in
such mater as not to interfere with surface travel over said right of way.
3CBEDI" B
. . .
qmql
BOARD OF SOUTHOLD TOWN TRUSTEES
SOUTHOLD,NEW YORK
fi
PERMIT NO.9073
DATE. AUGUST 16.2017
ISSUED TO- JAMES &LINDA GEMMILL
PROPERTY ADDRESS: 6004 INDIAN NECK ROAD. PECONDC
SCTM# 1000-98-5-18
01,
AUTHORMATION
Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in
accordance with the Resolution of the Board of Trustees adopted at the meeting held on August 16,2017, and
in consideration of application fee in the sum of$250,00 paid by 1an_iqs t nda Genun�ll and subject to the
Terrns and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits
the following:
Wetland Permit to remove existing wood deck and covered porch from South/waterside
of
existing single-family,one-story dwelling; remove brick walks on west side of dwelling,and
construct a 1,005sq.ft.one-story addition,704sq.ft. of covered orches over masonry patios
At I with steps,and new cellar entrance;install a drainage system consisting of gutters,leaders and
drywells to the entire dwelling; remove existing 16'x2O'wood deck from top of bank and
construct a I 0'x1 6' on-grade masonry patic landward of top of bank; replace existing
i!mbankment stairway and landings with new stairway consisting of a 4'x14'landing,4'x6'
steps,4'x4l middle lending, and 4'xll' Steps to an I Vx20' section of existing deck,and 8'x121
shed behind bulkhead to remain; remove I Vx161 section of existing deck behind bulkhead;
�;f g replace and relocate existing 4'x6' steps to beach; establish and perpet ally mai t i a 109
non-turf buffer landward of top of bank; and to remove and replace existing sanitary system
located beyond Trustee jurisdiction; all as depicted on the survey prepared by Peconic
Surveyors,P.C.,dated June 29,2017,and stamped approved on August 16,2017.
IN WnNES S WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affixed,
and these presents to be subscribed by a majority of the said Board as of'this date.
Ift
I
. b
TERMS AND CONDITIONS
The Permittee James& Linda Gemmill, residit�at 6004 Indian Neck Road.Peconic,New York
as part of the consideration for the issuance of the Permit does understand and prescribe to the
following;
1. That the said Board of Trustees and the Town of Southold are released from any and all
damages, or claims for damages, of suits arising directly or indirectly as a result of any
operation performed pursuant to this permit, and the said Permittee will,at his or her own
expense,defend any and all such suits initiated by third parties,and the said Permittee
assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees
of the Town of Southold.
2. That this Permit is valid for a period of 24 months,which is considered to be the estimated
time required to complete the work involved,but should circumstances warrant, request for
an extension may be made to the Board at a later date.
3. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to
maintain the structure or project involved,to provide evidence to anyone concerned that
authorization was originally obtained.
4. That the work involved will be subject to the inspection and approval of the Board or its
agents, and non-compliance with the provisions of the originating application may be cause
for revocation of this Permit by resolution of the said Board.
5. That there will be no unreasonable interference with navigation as a result of the work herein
authorized.
6. That there shall be no interference with the right of the public to pass and repass along the
beach between high and low water marks.
7. That if future operations of the Town of Southold require the removal and/or alterations in the
location of the work herein authorized,or if, in the opinion of the Board of Trustees,the work
shall cause unreasonable obstruction to free navigation,the said Permittee will be required,
upon due notice,to remove or alter this work project herein stated without expenses to the
Town of Southold.
8. The Permittee is required to provide evidence that a copy of this Trustee permit has been
recorded with the Suffolk County Cleric's Office as a notice covenant and deed restriction to
the deed of the subject parcel. Such evidence shall be provided within ninety(90)calendar
days of issuance of this permit.
9. That the said Board will be notified by the Permittee of the completion of the work
authorized.
10. That the Permittee will obtain all other permits and consents that may be required
supplemental to this permit,which may be subject to revoke upon failure to obtain same.
H. No right to trespass or interfere with riparian rights. This permit does not convey to the
permittee any right to trespass upon the lands or interfere with the riparian rights of others in
order to perform the permitted work nor does it authorize the impairment of any rights,title,
or interest in real or personal property held or vested in a person not a party to the permit.
2
NovSOUTHOL T
0 RUSTEEN�
q075
Issued ToMA466i�WAdet�NNit� Date....?*/lllllrr1?
Address. 404 IMM MWI�i� rico*
THIS NOTICE MUST BE DISPLAYED DURING CONSTRUCTION
TOWN TRUSTEES OFFICE,YOWN OF SOUTHOLD
SOUTHOLD, N.Y. 11971
TEL.: 765.992
w
o o
• • t a o `i:yr " 'mss` .
SURVEY OF PROPERTY
APPROVED BY AT PECONIC
BOARD OF 1 RUSTEES , TOWN OF SOUTHOLD
TOWN OF SOUTHOLD -:' ,.
DATE Jul. to sB17 :§I SUFFOLK COUNTY, N.Y
/hrv4E,r w,Zqy1000-98-05-18
SCALE.' 1=30'
6 JUNE 77,
NOVEMBER 300,,2015
lw APRIL 4,2016
NOVEMBER 16,2016(REVISIONS)
DECEMBER 79,2016(PROP.ADDITION)
A D DECEMBER 28,2016(REVISION)
R O FEBRUARY 21,2017(REVISION)
N CAPRIL 6,2077(REVISION)
E 11 APRIL 19,2077(FINAL REVISIONS)
AN �� APRIL 25,2077(FINAL REVISIONS)
I AJC�A11R a 6�LfA MAY 12,2017(REVISIONS)
JUNE 29,2017(REVISIONS)
' -
JNID� P`1FWP1�+� \ODoo 1,a `�
P
9A� a
LOT COVERAGE
38,BJ2 BUILDABLE LAND aJ,ri•'O"
�ti^F
LAOIS£a 245>aq.R �• ._ „st�eW��Y�f � \
hYKti;�r d Ill LY/(TO D£
GARAGE
=588 nQ.N
PDRIICN G-OEOK TOP OF BA U m 100 ' • `�,,` L\
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rno;,i`��x.A�`"a• \ .\i .' e1 ? �\\4;L,�•Nu (a?Roml•
AFTER IMPROVEMENTS
PROPOSED AOW P
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ROPOSED GDI.TR£D ORCIF$..701 sq./t !�\•li�r��}o. `F
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ANY ALTERATION Ct ADDIRON TO TPJS SURVEY 15 A NOLANON a?'N.'•\..` 9678
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EXCEPT AS PER SECTION 7209-SURROMSION 2,ALL CERTJTCA71ONS AREA`44,745 8%Ft.
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MOSF SIONAIURE APPEARS HEREON. I'O IRA
�KY. !STREET 10-351
4
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t JAMES AND LINDA GEMMILL,6004 INDIAN NECK ROAD,PECONIC
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Figure 1. Aerial view of subject property in April 2021. Image by Google Earth.
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Figure 2. Looking southeast at existing 16'x 20'deck at top of stairs to be removed;and at locations of proposed
10-foot non-turf buffer along top of bank and proposed grade-level patio landward of buffer.
' JAMES AND LINDA GEMMILL,6004 INDIAN NECK ROAD,PECONIC
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Figure 3. Looking northwest at existing embankment stairs to be removed and replaced,deck adjacent to bulkhead to be reduced
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6
Glenn Goldsmith,President q¢ Sol]
Town Hall Annex
54375 Route 25
Michael J.Domino,Vice-President P.O.Box 1179
John M.Bredemeyer III 1t J Southold,New York 11971
A.Nicholas Kru ski Telephone(631)765-1892
Greg Williams �� Y® Fax(631)765-6641
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
This Section For Office Use Only
Coastal Erosion Permit Application
—Wetland Permit Application
Administrative Permit
Amendment/Transfer/Extension
Received Application: 7'20
—Received Fee:
:completed Application: 7.20,
Incomplete:
SEQRA Classification: Type I Type II Unlisted Negative Dec. Positive Dec.
Lead Agency Determination Date:
Coordination:(date sent): D E V G ' V E
—__74LWRP Consistency Assess ent Form Sent:
—ECAC Referral Sent:
V74Date of Inspection: JUL 2 0 2022
Receipt of CAC Report:
Technical Review:
Public Hearing HelSouftid-o -
Resolution: Board of Tnistees
Name of Applicant James and Linda Gemmill
35 Hartman Hill Road
Address Huntington,NY 11743
Phone Number: 631 367-9760
Suffolk County Tax Map Number: 1000 - 98-5-18
Property Location:6004 Indian Neck Lane,Peconic
Property is located on south side of Indian Neck Road via 16'r.o.w.+/-616'east of Robinson Lane.
(provide LILCO Pole #, distance to cross streets, and location)
AGENT: - En-Consultants
(If applicable)
Address: 1319 North Sea Road,Southampton,NY 11968
Phone:631-283-6360
_' i
( �3�aa
Board of Trustees App"., _Ition
GENERAL DATA
Land Area(in square feet): 44,745 SF
Area Zoning: R-40
Previous use of property: Residential,single family dwelling and embankment stairway
Intended use of property: Same,with new embankment stairway
Covenants and Restrictions: X Yes No
If"Yes", please provide copy. Notice covenant for 10 foot non-turf buffer,filed 10-12-2017
Will this project require a Building Permit as per Town Code? Yes X No
If"Yes",be advised this application will be reviewed by the Building Dept.prior to a Board of Trustee review
and Elevation Plans will be required.
Does this project require a variance from the Zoning Board of Appeals Yes X No
If"Yes",please provide copy of decision.
Will this project require any demolition as per Town Code or as determined by Building
Dept. Yes X No
Does the structure(s)on property have a valid Certificate of Occupancy X Yes No
Prior permits/approvals for site improvements:
Agency Date
Southold Trustees#7593 7-20-2011
Southold Trustees#9073 8-16-2017
No prior permits/approvals for site improvements.
Has any permit/approval ever been revoked or suspended by a governmental agency?
X No Yes
If yes, provide explanation:
Project Description(use attachments if necessary):
Remove existing 16'x 20'wood deck and embankment stairs with two landings;construct a new embankment stairway,consisting of
a 10'x 10'landing with two entry steps,4'x 12'-6" stairs,a 4'x 8'landing,and 4'x 9'-2"stairs,leading to existing 11'x 36'deck;
remove easterly 11'x 16'portion of existing 11'x 36'deck,and shift existing 8'x 12'shed approximately 36"west on westerly 11'x
19.7'section of deck to remain;replace and relocate existing 4'x 6'steps to beach off bulkhead;establish a 10'wide non-turf buffer
landward of top of bank;and construct a 10'x 20'grade-level masonry patio landward of buffer,all as depicted on the site plan
prepared by Richard C.Wright Architect,dated June 28,2022.
Board of Trustees ApplicE )ri
WETLAND/TRUSTEE LANDS APPLICATION DATA
Purpose of the proposed operations:
Replacement of existing deck and embankment stairway with new embankment stairway and grade level patio.
Area of wetlands on lot: 0 square feet
Percent coverage of lot: 0 °%
Closest distance between nearest existing structure and upland
edge of wetlands: +/-30' feet existing beach steps
Closest distance between nearest proposed structure and upland
edge of wetlands: +/-30' feet replacement beach steps
Does the project involve excavation or filling?
N o X Yes
If yes, how much material will be excavated? TBD cubic yards (as required for installation of stairway support posts)
How much material will be filled? N/A cubic yards
Depth of which material will be removed or deposited: 3 feet (min.penetration for stairway support posts)
Proposed slope throughout the area of operations: N/A
Manner in which material will be removed or deposited:
Standard construction practices.
Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by
reason of such proposed operations (use attachments if appropriate):
The proposed work was previously approved in a substantially similar form in 2017,pursuant to Wetlands Permit No.
9073,an approval which also authorized dwelling renovations and resulted in the covenanting of a 10-foot wide non-turf
buffer along the top of bank upon completion of the permitted work. None of the authorized work was ever undertaken,
however,and the buffer was not established. Thus,all site conditions remain the same as they were at the time that permit
was issued. The current application contains no proposed dwelling renovations but again proposes removal of the existing
embankment stairway,along with the 16'x 20'deck that overhangs the embankment; and construction of a new stairway
with a 10'x 10'entry landing positioned landward of the top of bank;establishment of the previously covenanted 10'wide
buffer landward of the top of the bank; installation of a proposed grade level patio landward of the non-turf buffer; and
removal of a significant portion of the existing deck located adjacent to the bulkhead. There are no vegetated wetlands
located on or adjacent to the site,and the project will not cause any adverse impacts to the adjacent beach,shoreline,or
tidal waters of Peconic Bay. Rather,the removal of the deck overhanging the bank;the overall reduction of structural
areas located seaward of the top of bank;and establishment of the buffer at the top of the bank would further the LWRP
policy goals of restoring the quality and function of the surrounding ecosystem and result in a reduced potential for
erosion and flood damage.
r -
617.20
Appendix B
Short Environmental Assessment Form
Instructions for Completing
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:
Gemmill Embankment Stairway
Project Location(describe,and attach a location map):
6004 Indian Neck Lane,Peconic,Town of Southold, Suffolk County,NY, SCTM#1000-98-5-18;property is located
on south side of Indian Neck Road via 16'r.o.w.+/-616'east of Robinson Lane.,location map attached.
Brief Description of Proposed Action:
Remove existing 16'x 20'wood deck and embankment stairs with two landings;and construct a new embankment
stairway,consisting of a 10'x 10'landing with two entry steps,4'x 12'-6"stairs,a 4'x 8'landing,and 4'x 9'-2" stairs,
leading to existing 11'x 36'deck;remove easterly 11'x 16'portion of existing 11'x 36'deck,and shift existing 8'x 12'
shed approximately 36"west on westerly 11'x 19.7'section of deck to remain;replace and relocate existing 4'x 6'steps
to beach off bulkhead;establish a 10'wide non-turf buffer landward of top of bank;and construct a 10'x 20'grade-level
masonry patio landward of buffer,all as depicted on the site plan prepared by Richard C.Wright Architect,dated June
28,2022.
Name of Applicant or Sponsor: Telephone: 631-367-9760
James&Linda Gemmill E-Mail: jgemmill@optonline.net
Address:
35 Hartman Hill Road
City/PO: State: Zip Code:
Huntington NY 11743
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
may be affected in the municipality and proceed to Part 2. If no,continue to question 2. X
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:
NYS DEC Tidal Wetlands Permit X
3.a.Total acreage of the site of the proposed action? 44,745 sf
b. Total acreage to be physically disturbed? <3,000 sf
c.Total acreage(project site and any contiguous properties)owned
or controlled by the applicant or project sponsor? 44,745 sf
4. Check all land uses that occur on, adjoining and near the proposed action.
❑Urban ❑Rural(non-agriculture) ❑ Industrial ❑Commercial ® Residential(suburban)
❑Forest ❑Agriculture N Aquatic ❑ Other(specify):
❑ Parkland
Page 1 of 4
5. Is the proposed action, NO YES N/A
a. A permitted use under the zoning regulations? X
b. Consistent with the adopted comprehensive plan? X
6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES
landscape?
X
7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES
If Yes,identify: Name: Peconic Bay and Environs,Reason:Protect public health,water,vegetation&
scenic beauty,Agency: Suffolk County,Date:7-12-88 X
8. a. Will the proposed action result in a substantial increase in traffic above present levels? NO YES
X
b. Are public transportation service(s)available at or near the site of the proposed action? X
c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X
9. Does the proposed action meet or exceed the state energy code requirements? NO I YES
If the proposed action will exceed requirements,describe design features and technologies:
X
10. Will the proposed action connect to an existing public/private water supply? NO YES
If No, describe method for providing potable water: N/A
11.Will the proposed action connect to existing wastewater utilities? NO YES
If No,describe method for providing wastewater treatment: N/A
12.a. Does the site contain a structure that is listed on either the State or National Register of Historic NO YES
Places?
X
b. Is the proposed action located in an archeological sensitive area?
X
13.a. Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES
wetlands or other waterbodies regulated by a federal,state or local agency? X
b. Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? X
If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres:
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 NO YES
by the State or Federal government as threatened or endangered? 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? YES
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
Page 2 of 4
18. Does the proposed action include construction or other activities that result in the impoundment of NO YES
water or other liquids(e.g.retention pond,waste lagoon, dam)?
If Yes,explain purpose and size: X
19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES
solid waste management facility?
If Yes,describe: X
20. Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES
completed)for hazardous waste?
If Yes, describe:
X
I AFFIRM THAT THE INFORTION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY
KNOWLEDGE
Applicant/sponsor name: Robert . e=ann,Coastal Mgmt. Specialist Date: July 13,2022
Signature:
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?"
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
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?
I
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.
I
I
❑ 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 Responsible Officer)
I
I
Page 4 of 4
I
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Board of Trustees Applica _m
AUTHORIZATION
(Where the applicant is not the owner)
I/We, James Gemmill
owners of the property identified as SCTM# 1000- 98-5-18 in the town of
Southold New York,hereby authorizes
En-Consultants to act as my agent and handle all
necessary work involved with the application process for permit(s) from the Southold Town
Board of Trustees for this property.
N/A
roperty Own s Signature Property Owner's Signature
James Gemmill
SWORN TO BEFORE ME THIS �L4- DAY OF In IV , 20.6
Nota P 1' ANNE M JOHNSON
1 Notary Public-State of New York
N0. 01JO6222989
Qualified in Suffolk o ty
My Commission Expires o? 02
__, Board of Trustees Applica _ - :)n
I
i
AUTHORIZATION
(Where the applicant is not the owner)
I/We, Linda Gemmill
owners of the property identified as SCTM# 1000- 98-5-18 in the town of
Southold ,New York, hereby authorizes
En-Consultants to act as my agent and handle all
necessary work involved with the application process for permit(s)from the Southold Town
Board of Trustees for this property.
N/A
Vr6p-'ert)Owner's Si ature Property Owner's Signature
Linda Gemmill
SWORN TO BEFORE ME THIS I DAY OF ' ,20
NotaryPublic
ANTHONY PATRICK WPO
Notary Public,State of New York
No.01 W6345585
Qualified in Suffolk Canty a�
Commission Expires July 25,20—
-, Board of Trustees Applica,_`- 1)n
AFFIDAVIT
James Gemmill BEING DULY SWORN
DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE
DESCRIBED PERMIT(S)AND THAT ALL STATEMENTS CONTAINED HEREIN
ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF,AND THAT
ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION
AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES.
THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE
BOARD OF TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES
AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S),IF
GRANTED. IN COMPLETING THIS APPLICATION,I HEREBY AUTHORIZE THE
TRUSTEES,THEIR AGENT(S) OR REPRESENTATIVES,INCLUDING THE
CONSERVATION ADVISORY COUNCIL,TO ENTER ONTO MY PROPERTY TO
INSPECT THE PREMISES IN CONJUNCTION WITH THIS APPLICATION,
INCLUDING A FINAL INSPECTION. I FURTHER AUTHORIZE THE BOARD OF
TRUSTEES TO ENTER ONTO MY PROPERTY AND AS REQUIRED TO INSURE
COMPLIANCE WITH ANY CONDITION OF ANY WETLAND OR COASTAL
EROSION PERMIT ISSUED BY THE BOARD OF TRUSTEES DURING THE TERM
OF THE PERMIT.
r
N/A
tgnatur;eo fr perty Owner Signature of Property Owner
James Gemmill
SWORN TO BEFORE ME THIS - .DAY OF /",4 r_-/ , 20
ANNE M JOHNSON
Notary Public-State of New York
N0. 01,106222989
Notary Vblic Qualified in Suffolk o my
My Commission Expires o7
'—' Board of Trustees Applica'. in
AFFIDAVIT
Linda Gemmill BEING DULY SWORN
DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE
DESCRIBED PERMIT(S)AND THAT ALL STATEMENTS CONTAINED HEREIN
ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF,AND THAT
ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION
AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES.
THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE
BOARD OF TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES
AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S),IF
GRANTED. IN COMPLETING THIS APPLICATION,I HEREBY AUTHORIZE THE
TRUSTEES,THEIR AGENT(S) OR REPRESENTATIVES,INCLUDING THE
CONSERVATION ADVISORY COUNCIL,TO ENTER ONTO MY PROPERTY TO
INSPECT THE PREMISES IN CONJUNCTION WITH THIS APPLICATION,
INCLUDING A FINAL INSPECTION. I FURTHER AUTHORIZE THE BOARD OF
TRUSTEES TO ENTER ONTO MY PROPERTY AND AS REQUIRED TO INSURE
COMPLIANCE WITH ANY CONDITION OF ANY WETLAND OR COASTAL
EROSION PERMIT ISSUED BY THE BOARD OF TRUSTEES DURING THE TERM
OF THE PERMIT.
J N/A
r
Lgi`gnAure of Prope y Owner Signature of Property Owner
Linda Gemmill
SWORN TO BEFORE ME THIS i DAY OF r 120
Notary Public AWHOW PATRICK LUPO
NotaryPublic,State of Now York
County
Comrnission Expires July 25,20�
APPLICANT/AGENT/REPRESENTATPVE
TRANSACTIONAL DISCLOSURE FORM
The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The puroose of
this form is to Drovide inforination which can alert the town of Possible conflicts of interest and allow it to tale whatever action is
necessary to avoid same.
YOURNAME• Gemmill,James
(Last name,first name,griddle initial,unless you are applying in the name of
someone else or other entity,such as a company.If so,indicate the other
person's or company's name.)
NAME OF APPLICATION: (Check all that apply.)
Tax grievance Building
Variance Trustee X
Change of Zone Coastal Erosion
Approval of plat Mooring
Exemption from plat or official map Planning
Other
(If"Other",name the activity.)
Do you personally'(or through your company,spouse,sibling,parent,or child)have a relaEionship.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(oremployment by)a corporation
in which the town officer or employee owns snore than 5%of the shares.
YES
NO L-
If you answered"YES",complete the balance of this form and date and sign where indicated.
Name of person employed by the Town of Southold
Title or position of that person
Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check
the appropriate line A)through D)and/or describe in the space provided.
The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply):
A)the owner of greater than 5%of the shares of the corporate stock of the applicant
(when the applicant is a corporation);
B)the.legal or beneficial owner of any interest in a non-corporate entity(when the
app]icant is not a corporation);
C)an officer,director,partner,or employee.of the applicant;or
D)the actual applicant.
DESCRIPTION OF RELATIONSHIP
Submitted this °Z da of 2O Zy
Signature
Prin a James Gem I
Form TS 1
1 1
APPLICANT/AGENT/REPRESENT'ATIVE
TRANSACTIONAL DISCLOSURE FORM
The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employecs The pumose 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.
YOURNAME: Gemmill, Linda
(Last name,first name,Viddle initial,unless you are applying in the name of
someone else or other entity,such as a company.If so,indicate the other
person's or company's name.)
NAME OF APPLICATION: (Check all that apply.)
Tax grievance Building
Variance Trustee X
Change of Zone Coastal Erosion
Approval of plat Mooring
Exemption from plat or official map Planning
Other
(If"Other',name the activity.)
Do you personally'(or through your company,spouse,sibling;parent,or child)have a relationshipwith 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,ofticer 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 f
If you answered"YES",complete the balance of this form and date and sign where indicated.
Name of person employed by the Town of Southold
Title or position of that person
Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check
the appropriate line A)through D)and/or describe in the space provided.
The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply):
A")the owner"of greater than 5%of the shares of the corporate stock of the applicant
(when the applicant is a corporation);
B)the legal or beneficial owner of any interest in a non-corporate entity(when the
applicant is not a corporation);
C)an officer,director,partner,or employee of the applicant;or
D)the actual applicant.
DESCRIPTION OF RELATIONSHIP
Submitted this day of 6'�(� 20 a�-
Signature ' �J 3
Print Name Linda Giemmill
Form TS 1
i
APPLICANT/OWNER
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 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 Building Permit
Variance Trustee Permit X X
Change of Zone Coastal Erosion
Approval of Plat Mooring
Other(activity) 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)
C)an officer,director,partner,or employee of the applicant;or
D)the actual applicant
DESCRIPTION OF RELATIONSHIP
Submitted this 1 day of July 2022
Signature
Print Name Robert E. Herrmann
.. NOTICE OF HL.mARINC
NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Southold Town Board of
Trustees at the Town Hall, 53095 Main Road, Southold, New York, concerning this property.
OWNER(S) OF RECORD: JAMES & LINDA GEMMILL
SUBJECT OF PUBLIC HEARING: For a Wetland Permit to remove existing 16'x20' wood
deck and embankment stairs with two landings; construct a new embankment
stairway consisting of a 10'x10' top landing with two entry steps, 4'x12'6" stairs, a
4'x8' middle landing, and 4'x9'2" stairs, leading to existing 11'x36' deck; remove
easterly 11'x16' portion of existing 11'x36' deck, and shift existing 8'x12' shed
approximately 36" west on westerly 11'x197" section of deck to remain; replace and
relocate existing 4'x6' steps to beach off bulkhead; construct a 10'x20' grade-level
masonry patio landward of buffer; and to establish and perpetually maintain a 10'
wide non-turf buffer area along the landward edge of top of bank.
TIME & DATE OF PUBLIC HEARING: Wednesday, September 14, 2022 -
at or about 5:30P.M. If you have an interest in this project, you are invited to view the
Town file(s) which are available online at www.southoldtownny.gov and/or in the Trustee
Office until to the day of the hearing during normal business days between the hours of 8 a.m.
and 4 p.m. BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631) 765-1892
Glenn Goldsmith,President N� "aFF0(q'` Town Hall Annex
A.Nicholas Krupski,Vice PresidentGym 54375 Route 25
Eric Sepenoskiti P.O.Box 1179
Liz Gillooly o tb Southold,NY 11971
Elizabeth Peeples 'y-lj �4��f�� Telephone(631)765-1892
Fax(631)765-6641
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
BOARD OF TRUSTEES: TOWN OF SOUTHOLD
---------------------------------------------------------------
In the Matter of the Application of
JAMES & LINDA GEMMILL
COUNTY OF SUFFOLK
STATE OF NEW YORK
AFFIDAVIT OF POSTING
INLA_C OI V7'LEASUT'SEYEA I'S POO ;�E dSLI
I, Robert E. Herrmann , residing at/dba En—Consultants
1319 North Sea Road, Southampton, NY 11968
being duly sworn, depose and say:
That on the 7thday of September , 20 22, I personally posted the property known as
6004 Indian Neck Lane, Peconic; SCTM #1000-98-5-18
by placing the Board of Trustees official noticing poster where it can easily be seen from the
street, and that I have checked to be sure the noticing poster has remained in place for a full
seven days immediately preceding the date of the public hearing. Date of hearing noted thereon
to be held Wednesday, September 14,2022.
Dated:
(signature)
Sworn to before me this
14th day of Sept 20 22
KIM H . STEPHENS
NOTARY PUBLIC
_ STATE OF NEW YORK
Notary Public co MMISSION NO , 5 0 1 5 9 3 1
QUALIFIED IN SUFFOLK COUNTY
EXPIRES AUGUST 2 , 202�
SECTIONON DELIVERY
SENDER: COMPLETE THIS Sh-ECTION COMPLETE THIS
;" A. S nature■ Complete items 1,2,and 3. ❑Agent
■ Print your name and address on the reverse X ❑Addressee
so that we can return the card to you. g Rec ived by"de) C. D jof ery
■ Attach this card to the back of the mailpiece, 1
or on the front if space permits.
1. Article Addressed to: D. Is delivery address different from item 1? Yes
If YES,enter delivery address below: Cl No
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7
Phyllis Constan
6002 Indian Neck Lane 3. Service Type [3 priority Mail Express®
P.O Box 134 ❑Adult Signature ❑Registered Mailym
❑ It Signature Restricted Delivery ❑ReOlstered Mail Restricted
7 Peconic,NY 11958-0196 rtifledMailO Delivery
I ❑Certified Mail Restricted Delivery [3 Signature
Signature Confirmation
1 ❑Collect on Delivery
7021?2 7 2 2 TO 0 Q2' 6961 3 7 2 3 ollect on.D llvery Restricted Oeliydaryelivery Restricted Delivery
1
r PS Form;3811;.July'.2020;PSN7530-Q2-900-9053 : Domestic Return Receipt
SECTIONCOMPLETE THIS ON DELIVERY
SENDER: COMPLETE THIS SECTION
nature i
" 1 ■ complete ftems 1,2,and 3. '- p Agent i
■ Print.y% name and address on the reverse X
so that we can return the card to you. 13 Addressee
■ Attach this card to the back of the mailpiece, B. Received by�(PdntedC. Date of Delivery
or on the front if space permits. i
1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes
If YES,enter delivery address below: ❑No
DM Allen Revocable Trust
3. Service Type ❑Priority'Mall Expresso !,
6000 Indian Neck Lane ❑Adult signature ❑Registered Mail7m
Peconic NY 11958 ❑Aluit Signature Restricted Delivery ❑Registered Mail Restricted
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❑Certified Mail Restricted Delivery ❑Signature ConfirrnationTTM
❑Collect on Delivery ❑Signature Confirmation
2. : 7021
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NOTICE TO ADJACENT PROPERTY OWNER
BOARD OF TRUSTEES, TOWN OF SOUTHOLD
In the matter of applicant:
James&Linda Gemmill SCTM#1000-98-5-18
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to request a Permit from the Board of
Trustees to:
Remove existing 16'x 20'wood deck and embankment stairs with two landings; and construct a new
embankment stairway,consisting of a 10'x 10'landing with two entry steps,4'x 12'-6" stairs,a 4'x 8'
landing,and 4'x 9'-2"stairs,leading to existing 11'x 36'deck;remove easterly 11'x 16'portion of existing
11'x 36'deck,and shift existing 8'x 12'shed approximately 36"west on westerly 11'x 19.7'section of
deck to remain;replace and relocate existing 4'x 6'steps to beach off bulkhead;establish a 10'wide
non-turf buffer landward of top of bank;and construct a 10'x 20'grade-level masonry patio landward of
buffer,all as depicted on the site plan prepared by Richard C.Wright Architect,dated June 28,2022.
2. That the property which is the subject of Environmental Review is located
adjacent to your property and is described as follows:
6004 Indian Neck Lane,Peconic
3. That the project which is subject to Environmental Review under Chapters
96,111 and/or 275 of the Town Code is open to public comment on:
DATE: Wed.,Sept. 14,2022 @ 5:30 pm,Town Hall Meeting Room,53095 Main Rd,Southold
You may contact the Trustees Office at 765-1892 or in writing.
The above-referenced proposal is under review of the Board of Trustees of the Town of
Southold and does not reference any other agency that might have to review same
proposal.
James&Linda Gemmill
PROPERTY OWNERS NAME: 35 Hartman Hill Road
MAILING ADDRESS: Huntington,NY 11743
PHONE #: 631-367-9760
AGENT: En-Consultants
MAILING ADDRESS: 1319 North Sea Road,Southampton,NY 11968
PHONE #: 631-283-6360
Enc: Copy of sketch or plan showing proposal for your convenience.
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
Name: Address:
#1000-98-5-17.2 6000 Indian Neck Lane
DM Allen Revocable Trust Peconic,NY 11958
#1000-98-5-17.5 P.O.Box 134
Samuel&Phyllis Constan Peconic,NY 11958
#1000-86-7-1 6200 Indian Neck Lane
Bruce&Barbara Beaney Peconic,NY 11958
STATE OF NEW YORK
COUNTY OF SUFFOLK
Robert E.Herrmann doing business at En-Consultants
1319 North Sea Road
Southampton,NY 11968 , being duly sworn, deposes and says that on the
30th day of Aij� _. 2022 , deponent mailed a true copy of the Notice
set forth in the Board of Trustees Application, directed to each of the above named
persons at the addresses set opposite their respective names; that the addresses set
opposite the names of said persons are the address of said persons as shown on the current
assessment roll of the Town of Southold; that said Notices were mailed at the United States Post
Office at Southampton , that said Notices were Mai ed to each of said persons by
(certified)(mgkkmmdc mail.
Robert E.Herrmann
Coastal Managment Specialist
Sworn to before me this 2nd
day of September ,20 22 KIM H . STEPHEN S
NOTARY PUBLIC
STATE OF NEW YORK
COMMISSION NO . 5015931
Not Iic QUALIFIED IN SUFFOLK COUNTY
EXPIRES APGUST 2 , 201�5
Postal
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N s«e; 6200 Indian Neck Lane •------------
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Peconic,NY 11958 -______
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1
Town of Southold -
LWRP CONSISTENCY ASSESSMENT FORM
A. INSTRUCTIONS
1 . All applicants for permits* including Town of Southold agencies, shall complete this CCAF for
proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This
assessment is intended to supplement other information used by a Town of Southold agency in
making a determination of consistency.- *Except minor exempt actions including Building Permits
and other ministerial permits not located within the Coastal Erosion Hazard Area.
2. Before answering the questions in Section C, the preparer of this form should review the exempt
minor action list, policies and explanations of each policy contained in the Town of Southold Local
Waterfront Revitalization Program. A proposed action will be evaluated as to its significant
beneficial and adverse effects upon the coastal area (which includes all of Southold Town).
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.
B. DESCRIPTION OF SITE AND PROPOSED ACTION
SCTM# 98 - s - 18
PROJECT NAME James&Linda Gemmill
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) ❑
(c) Permit, approval, license, certification:
Nature and extent of action:
Remove existing 16'x 20'wood deck and embankment stairs with two landings;and construct a new embankment stairway,consisting
of a 10'x 10'landing with two entry steps,Tx 12'-6" stairs,a Tx 8'landing,and Tx 9'-2"stairs,leading to existing 11'x 36'deck;
remove easterly 11'x 16portion of existing 11'x 36'deck,and shift existing 8'x 12'shed approximately 36"west on westerly 11'x
19.7'section of deck to remain;replace and relocate existing 4'x 6'steps to beach off bulkhead;establish a 10'wide non-turf buffer
landward of top of bank; and construct a 10'x 20'grade-level masonry patio landward of buffer,all as depicted on the site plan prepared
by Richard C.Wright Architect,dated June 28,2022.
1
Location of action: 6004 Indian Neck Lane,Peconic
Site acreage: 44,745 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: James&Linda Gemmill
(b) Mailing address: 35 Hartman Hill Road
Huntington,NY 11743
(c) Telephone number: Area Code 631-367-9760
(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 Tidal Wetlands(beach steps only)
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 M Not Applicable
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 M Not Applicable
t
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 1:1No ® Not Applicable
Attach additional sheets if necessary
NATURAL COAST POLICIES
Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP
Section III- Policies Pages 8 through 16 for evaluation criteria
® Yes ❑ No ❑ Not Applicable
The project is consistent with the Policy 4 goals of minimizing loss of structures from flooding and erosion through the removal of the
existing 16'x 20'deck overhanging the embankment at the top of the existing stairs;construction of a replacement embankment
stairway,with a 10'x 10'entry landing positioned landward of the top of bank;establishment of a 10'wide buffer along the top of the
bank,which will help capture surface runoff,thus helping to mitigate erosion; and removal of a significant portion of the existing deck
located adjacent to the 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
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
z
There are no vegetated wetlands locates on or adjacent to the site,and the replacemen oi�the embankment stairway will not cause any
adverse impacts to the adjacent beach,shoreline,or tidal waters of Peconic Bay. Rather,the proposed project,which was previously
approved in a substantially similar form in 2017 pursuant to Wetlands Permit No. 9073,would further the Policy 6 goals of restoring the
quality and function of the surrounding ecosystem through 1)removal of the existing 16'x 20'deck that overhangs the embankment at
the top of the existing stairs;2)construction of a replacement embankment stairway with a 10'x 10'entry landing positioned landward
of the top of bank;3)establishment of a 10'wide buffer landward of the top of the bank;4)installation of the proposed grade level patio
landward of the non-turf buffer;and 5)removal of a significant portion of the existing deck located adjacent to the bulkhead.
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 ❑ No ® Not Applicable
PUBLIC COAST POLICIES
Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public
resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation
criteria.
® Yes No Not Applicable
The only work proposed seaward of the bulkhead is the relocation of the existing beach steps,which will in no way impact public
access to or recreational use of the adjacent beach.
Attach additional sheets if necessary
WORKING COAST POLICIES
Policy 10. Protect SoutholC-4ater-de endent uses and promotr-6 ming of new water-dependent uses in
suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria.
❑ Yes ❑ No ® Not Applicable
Attach additional sheets if necessary
Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the 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 Applicable
PREPARED BY TITLECoastal Management Specialist DATE 7/13/22
Robe t Eq&=ann
Amended on 811105
J' I
) I
�F� A
EN-CONSULTANTS
July 13, 2022
Town of Southold E C E I V E
Board of Trustees
54375 Main Road rjD
Post Office Box 1179 �+ 20
Southold,New York 11971
5eulholdTbara
Re: James&Linda Gemmill PORI[ofThies
6004 Indian Neck Lane,Peconic
SCTM#1000-98-5-18
Dear Board of Trustees:
In regard to the above referenced property, enclosed are the following for the Board of Trustees review:
1. Four(4)Wetland Permit Applications including:
a) Authorization&Affidavit Forms;
b) Applicant/Agent/Representative Transactional Disclosure Forms.
c) Short Environmental Assessment Form;
d) LWRP Consistency Assessment Form.
2. Schematic Design Drawing prepared by Richard C.Wright,Architect, dated June 28, 2022.
3. Survey prepared by Peconic Surveyors,P.C.,last dated November 16, 2016.
4. Two(2) sets of site photographs.
5. Copy of Notice Covenant for 10' buffer,recorded October 12,2017 under Liber 12933 Page 327.
6. Application fee of$250.00.
I trust this information shall allow you to process our permit request. Should any additional information be
required,please do not hesitate to contact our office.
Sinc r ly,
"4
Robe �Hem=ann
Coastal Management Specialist
/khs
Enc.
1319 North Sea Road I Southampton,New York 11968 p 631.283.6360 f 631.283.6136 www.enconsultants.com
environmental consulting