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HomeMy WebLinkAboutTR-10620 Glenn Goldsmith,President ®c S®Uf� Town Hall Annex A. Nicholas Krupski,Vice President ®� ®�® 54375 Route 25 P.O. Box 1179 Eric Sepenoski Southold, New York 11971 Liz Gillooly G Telephone(631) 765-1892 Elizabeth Peeples • �® Fax(631) 765-6641 29.1 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD August 15, 2024 Robert E. Herrmann En-Consultants 1319 North Sea Road Southampton, NY 11968 RE: THE DANIEL DIVINEY REVOCABLE TRUST &THE SUZANNE S. DIVINEY REVOCABLE TRUST 400 BAY ROAD, GREENPORT SCTM# 1000-43-5-8 & 23 Dear Mr. Herrmann: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, August 14, 2024 regarding the above matter: WHEREAS, En-Consultants on behalf of THE DANIEL DIVINEY REVOCABLE TRUST &THE SUZANNE S. DIVINEY REVOCABLE TRUST 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 June 20, 2024, 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 application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on August 14, 2024, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, 2 WHEREAS, the proposal 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 the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees APPROVE the application of THE DANIEL DIVINEY REVOCABLE TRUST &THE SUZANNE S. DIVINEY REVOCABLE TRUST to remove and replace in-place existing 3'x71' fixed timber catwalk (foot bridge), with 4'x95' elevated fixed timber catwalk constructed with open-grate decking (includes 12-foot incline at each end); all as depicted on the site plan prepared by En-Consultants, received on August 12, 2024, and stamped approved on August 14, 2024. Permit to construct and complete project will expire three 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 Very truly yours, Glenn oldsmith President, Board of Trustees GG/ec SOUTHOLD TR.USTEES No. loGA0 Itet 1>4n:t1 D:v:M� Issued To IN't S AA V:,w-1 Vas; Date T/14124 Address.'100 9QA ;Zocft� r" Agorl .THIS. NOTICE MUST BE DISPLAYED DURING CONSTRUCTION TOWN TRUSTEES OFFICE,TOWN OF SOUTHOLD SOUTHOLD, N.Y. 11971 TEL.: 765.1892 � � Town Hall Annex Glenn Goldsmith, President 54375 Route 25 A. Nicholas Krupski, Vice President P.O. Box 1179 Eric Sepenoski +3 Southold, New York 11971 Liz Gillooly Telephone(631) 765-1892 Elizabeth Peeples ® �� Fax (631) 765-6641 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 '/2 constructed When project complete, call for compliance inspection; BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD,NEW YORK PERMIT NO. 10620 DATE: AUGUST 14,2024 ISSUED TO: THE DANIEL DIVINEY REVOCABLE TRUST & THE SUZANNE S. DIVINEY REVOCABLE TRUST PROPERTY ADDRESS: 400 BAY ROAD, GREENPORT SCTM# 1000-43-5-8 & 23alp 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 August 14,2024,and in consideration of application fee in the sum of$1,250.00 paid by THE DANIEL DIVINEY REVOCABLE TRUST&THE SUZANNE S. DIVINEY REVOCABLE TRUST and subject to the Terms and Conditions as stated in the Resolution,the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to remove and replace in-place existing 31x71' fixed timber catwalk (foot bridge),with 41x951 elevated fixed timber catwalk constructed with open-grate decking(includes 12-foot incline at each end). IN WITNESS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of the day and year written above. �re-U. TERMS AND CONDITIONS The Penn ittee THE DANTEL DIVINEY REVOCABLE TRUST&THE SUZANNE S. DIVINEY REVOCABLE TRUST 400 Bay Avenue Greenport 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 36 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. ® St.Agnes re Cem 5 A 'A Cleves Pt AUG 2 LI s 4 59(ACC�55 VIA Ba 9 s 5UPJE Cf mop�m) ree is BeacSa h Pt Ds s 8 � Southold Town o`� tEQ� Yo gs Pt Board of Trustees 5 _. BAY ROAD K 5r tC' — — 125.00' / 0 25 w b� Suffolk Hacl5trom Map 50 2000' a EX. DWELLING FOUNDATION n a � o to o y SCTM 1000-43-5-8 PROP. 4' x +95' ELEVATED FIXED TIMBER CATWALK (INCL. n „ x (2) 12' INCLINED SECTIONS) IN PLACE OF EX. 3' x +71' CATWALK P. O -•\ O f�?0' 4' x 12' INCLINED SECTION HM •� im Y` p` ROVED BY x I +l (Tor,.v °FOND INLE sO°TXZ T BO' D. OF TRUSTEES N OF- SOUTHOLD -- - - - - �a- im DATE k 1`'� a O)lq HM IF n ?' 4' x 12' INCLINED SECTI N x SCTM 1000-43-5-23 Notes; G] a I, purpose:fo replace&maintain existinq fixed point Of access across dull pond Inlet C between applicants' properties) _ 2, 17atum:NAW21988 ` '?'� . •-_.. ` 3, plan and elevations based on hgdroq-aphic survey x $,, prepared 6q Kenneth M.Wogclvk band 5urvginq,PLLC, x c last dated Janaarti 9,2024 u x x 4. Catwalk t0 6e construcuted with open-q-ate deckinq, pressure-treated structural timbers,and hot-dipped galvanized steel hardware x 5, plan and erossview diaq-ams are schematic in nature W and are Intended only to establish project location,scope and basic constrvction detalls for permittinq purposes N o and are rot intended to serve as,or substitute for, x engineering or construction plans for construction purposes 6, project location:400 Paq Road,Greenport, x n 5CfM No,1000-43-5-8 w .� . H x E N - CONSULTANTS A 1319 NORTH SEA RD. x R' NC3SOUTHAMPTON, NY 1196 S 631-283-6360 1" = 40' PPOP05�P CATW&K PMACMN1' FOP nANE� ANn 52AW [MMY ON C&L PONP IN T`, 6PMropf', ,�'i" �6.82' 5UFFOI K COUNTY, NSW YOM GARDINERS BAY 5H��T` I OF 2 6-15-24, 8-9-24 � 'Z-S1-9 Z �O Z ;IAHS saaisnal jo p eoa W/k MAN `ILNn0 �10��% unnol ployinoS `JWJNIAd� '1I1NI GINOd 11n� NO FJ�INIAld ANNdZn5 QNb 1IINV6 U0 Z 6 gnv 09£9-£SZ-L£9 ;NIWINIJAd )11dMW LI-1SOdOdd ® 9961 L AN `N01dAVH1n0S 0 M WS MON 6L£L ("u")'o e > SINV11nSN00 - N 3 5�IW/5;50d NWNd1 WA x 9+ WI �---- WN --� i WN WI -------------- �, - --- ---------- -- --- ----------- --1 ---------- ------------- : ------------ ---------- ----------- --------------Ngg ---------- -'-------eW V 89 61Q�d6 Z'I =MNW ,OO x 0 ----,ZI--1 5d1%015 8 5Wd 1,9 �N` ld a1ddJ-NIdO ,ZI CcuU 11'd ClIW i-f 11,Z 'lWJ\ JO; 9 Z :99NI'Ildd 89+ —� QAOWdd d6 01 TWAND ,Id+ 'X�d0 51IWI'I TWAAND ,V+ !9%rIXd d0 dW Id NI TWAWD ddOM MAJ M50JOdd T WVM d10M d�XI� daLV I II 'XI �O N015NAIXA 'S 1NIVVIDV IJId 61150dOdJ W1 NOLID15 EN-CONSULTANTS August 9, 2024 Glenn Goldsmith, Chairman Board of Trustees Town of Southold P.O. Box 1179 Southold,NY 11971 Re: Diviney,400 Bay Road, Greenport Dear Mr. Goldsmith: Consistent with our discussion during the Board's field inspection of the above captioned property on Wednesday, August 7th, please find enclosed four(4) copies of a project plan prepared by En-Consultants, last dated August 9, 2024,which has been revised to clarify our intention to replace the existing 3-foot wide catwalk with a 4-foot wide catwalk, consistent with the standard width for walkways over wetlands and waterways, and with the width originally permitted by Wetlands Permit No. 323 in 1986. The project description should thus also be amended as follows: Remove and replace (in place) existing Yx 71'fixed timber catwalk('foot bridge') with Yx 95' elevated fixed timber catwalk constructed with open-grate decking (includes 12 ft long inclined section at each end), as depicted on the project plan prepared by En-Consultants, dated June 15, 2024, last revised August 9, 2024. Respe t 1 y yours, Robert E. errmann Coastal Management Specialist Enclosures D �' I V E AUG 12 2024 ftow bwn 60lltda�tn�es • i 1319 North Sea Road Southampton,New York 11968 p 631.283.6360 J f 631.283.6136 www.enconsultants.com environmental consulting IV EN-CONSULTANTS August 9, 2024 Glenn Goldsmith, Chairman Board of Trustees Town of Southold P.O. Box 1179 Southold,NY 11971 Re: D v n2y,400 Bgy Road,Greenport Dear Mr. Goldsmith: Consistent with our discussion during the Board's field inspection of the above captioned property on Wednesday, August 7th, please find enclosed four(4) copies of a project plan prepared by En-Consultants, last dated August 9, 2024, which has been revised to clarify our intention to replace the existing 3-foot wide catwalk with a 4-foot wide catwalk, consistent with the standard width for walkways over wetlands and waterways, and with the width originally permitted by Wetlands Permit No. 323 in 1986. The project description should thus also be amended as follows: Remove and replace (in place) existing Y x 71'fixed timber catwalk (foot bridge') with Y x 95' elevated fixed timber catwalk constructed with open-grate decking (includes 12 ft long inclined section at each end), as depicted on the project plan prepared by En-Consultants, dated June 15, 2024, last revised August 9, 2024. espe t 1 y yours, Robert E. errmann Coastal Management Specialist EnclosuresE I_VE U' AUG 1 2 2024 1319 North Sea Road Southampton,New York 11968 p 631.283.6360 f 631.283.6136 www.enconsu(tants.com - environmental consulting — s �Cloves P � [ 6 IS _ 1in AUG 51�(ACCP55 VIA 9 safjd � E l° _ SLIPJPCf P�Of�kfY) Beach Pt � �r' \DO Y 3 BAY ROAD I o ;1 LH 5uffolk Hag5trom Map 50 s ���,• I I = 2000' - — , oEX. DWELLING FOUNDATIONa ".4 h a o W � SCTM 1000-43-5-8 i - 7y � �t PROP. 4' x +95' ELEVATED FIXED TIMBER CATWALK (INCL. (2) 12- INCLINED SECTIONS) IN PLACE OF EX. 3' x +71' CATWALK �s F[.0' 4' x 12' INCLINED SECTION HM � - Im J tbj \ m x +l CC -- o IM HM n ss 4' x 12' INCLINED SECTI IN � O a ran � SCTM 1000-43-5-23 Notzs; n a I. Purpose;fo replace&maintain exlstinq fixed point of access across Gull Pond Inlet(between appl Icants' properties) 2. PaWm; NAVI71986 EL 2.0 ' i 3, Plan and elevations based on hgdroq-aphlc survey prepared by Kenneth M,Wogchuk Land 5urvegirq,PLLC, last dated Januarg 9,2024 w x 4. Catwalk to be construaked with open-crate decklnq, pressure-treated structural tlmberz,and hot-dipped galvanized steel hardware 5, Plan and crossvlew dlaq-ams are schematic In nature w and are Intended onlq to establlsh project location,scope and basic construction detalls for permlttlnq purposes and are rot Intended to serve as,or substitute for, x \ englneerinq or construction plans for construction purposes Ila 6. Project location;400 Pay Poad,6reenport; n SCfM No,1000-43-5-8 00 W 1 O ' HbOu �-u _ON I `A 6 -2 to;31- 3ff 0 Cq 1" = 40' WOPO5�P CATWALK PMAaM f FOP PANEL ANn 5UZAW PIVIWY ON GULL POW IN T' 61'��NPOPIT" 76. S LK COUNTY, NSW YOPK GARDINERS BAY SN��T I OF 2 6-15-24, 6-9-24 5�C110N THPU PPOPO5�P PVLAaM f & M'%510N OF �X, �LMtP FIX�J T MP, CATWALK PVOP05�P 1`1917 T1MltP,CATWALK IN PLACE OF M511NG +71' CATWALK 95 LIMITS OF EX. +71' CArNALK TO PF PFMOV�P a..- +68' ALING5: 2''x 6'' TOF PAIL, 2''x 4'' MII7 MI,MP,) 12' -1 OPEN-Gf;ATI; MCKIN6 6" CAP5& 5TPIN2P\5 IZ' 0 S X 11� w MAW- 10 ,83 _ _____..._____� _________-__W _.._. _.._r__m�_.__�_ ___.�.. _W_.._.._ ._......__..._o . _m T -------- ----- I Im IM L.. _ NM _f IM +6" x VAP,IL WH P05T5/PU5 9 NORTH SEA RD, � A � Y11968 w �� PPZOPO5�n CATWALK kMAC�M�Nf 632860 3' �3 6 � � ,I , � FOP nANE� AN1252AW ICI MY ) p �I,.`I !�'; _.» ON GULL POND &N T, CWF,�NPOPf, a 5UFFOLK COUNTY, NSW YOLK I, M..... . � ,. 5H��f 2 OF 2 6-15-24 0 Glenn Goldsmith,President � COGy� 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 �a Telephone(631)765-1892 Fax(631)765-6641 Southold Town Board of Trustees Field Inspection Report Date/Time: Completed in field by: En-Consultants on behalf of THE DANIEL DIVINEY REVOCABLE TRUST & THE SUZANNE S. DIVINEY REVOCABLE TRUST requests a Wetland Permit to remove and replace in-place existing 3'x71' fixed timber catwalk (foot bridge), with 3'x95' elevated fixed timber catwalk constructed with open-grate decking (includes 12-foot incline at each end). Located: 400 Bay Road, Greenport. SCTM# 1000-43-5-8 & 23 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. Krupski E. Sepenoski L. Gillooly E. Peeples v l St.AgOeS 6 MEgDO l _ Cem 5 a y o W Cleves Pt °- 51fF(ACCE 55 VIA JUN 2 0 2024 LA sri :; B �a°'°9 s��s 5U6JECf Pt OMM) Sandy' each Pt is t� SI11111:.,.J l l+ll U gsft f� Board of Trustees cos � `°�'j o x' T M �/J'I p C�NTF 'F� s'/.q BAY ROAD OP�P �?J�� _ — 125.00' Ms 25 L" ��. moo; Suffolk Hagstrom Map 50 oEX. DWELLING FOUNDATION a ti L _ o NJ J SCTM 1000-43-5-8 t - C ti PROP. 3' x +95' ELEVATED FIXED TIMBER CATWALK (INCL. (2) 12' INCLINES) IN PLACE OF EX. 4' x +71' CATWALK •\ N w " •\ V N A O -•\ O E(?o 3' x 12' INCLINE HM IM Y, \ \0) U GULL P x N (ToiY�r of AND INLET � 1 W IM E N - CONSULTANTS S HM ��� 1319 NORTH SEA RD. �9 txl h o x 3' x 12' INCLINE SOUTHANiPTON, NY 11968 x x 631-283-6360 x SCTM 1000-43-5-23 Notes: n I, Purpose:fo replace&maintain existing fixed point of access oV across Gull Pond Inlet C 6etween applicants' properties) •. 2, t2atum:NAW 1988 a `-•—-• Ei 20 a 3, Plan and elevations based on hydrocraphic survey prepared 6y Kenneth M.Woycluk Land 5urveyinq,PLLC, N $'' last dated January 9,2024 ux h, Catwalk to 6e construaked with open-crate decking, x pressure-treated structural timbers,and hot-dipped A galvanized steel hardware 5, Plan and crossview diaTams are schematic in nature and are intended only to establish project location,scope m and basic construction details for permittriq purposes N and are not intended to serve as,or%65t&Ae for, O engineering or construction plans for construction purposes w 6. Project location:400 Pay Poad,6reenport; u, x c� 5CTM No.1000-45-5-8 N c W x W ti A x cn O a y O v, 1" = 40' PPZOPO5�P CATWALK VLAaMf FOP PANES ANn 52AW IMMY MH„' 76.82' ON 61L POND MN T, 2 NPOPf, 5UF OLK COUNTY, NSW YOPK GARDINERS BAY 5H��fl OF 2 6-15-24 5�010N THPU FPOPO5�12 kMACMNT & �XT%510N OF �X, �VATF,b F1912 IMP,CAT WPU m 1" - 10' mo z PI?01`05W FIXEn T PP,CATWALK IN PLACF OF M51ING +71' CATWALK 2 CL o 95' cu o LIW5 OF FX. +-7I' CATWALK TO 6F PFMOVFP 1 y +68' FMIN65: 2"x 6" TOP BAIL, 2"x 4" MIP PAIL CT,) 12' OMN-6M MCKING 6" CAP5& 5VIN6�1?5 12' o S X 3' _1988 iINAW 0.0. ------ MHW- 1,2' -------------- ------------- ------------ ---- ----- -------------- ------------- UU�-_ � -------------- -------- IM HM I' HM IM +6" x VAP,I.�WH PO5T5/PIL�5 +8" O,C„T .) E N - CONSULTANTS 1319 NORTH SEA RD. t't?Ot'05�n CATWALK �f'I.AC�M�N1' �O SOUTHAMpTON, NY 1196FOP, nANl�l. ANn SUZANN� niVIN�Y ON G 631-253-6360 ULL f'ONn INI.�T, G��NpOf:1', SUFFOI K COUNTY, NSW YOLK 5H��f 2 OF 2 6-15-24 S.C.T.M. NO. DISTRICT: 1000 SECTION: 43 BLOCK: 5 LOT(S):8 & 23 MANHANSET AVENUE w LAND N/F OF o CHIARA RACANELLI / LAND N/F OF o 157.43' / Q % % / CHIARA RACANELLI N 85°38'40 E TIDAL WETLAND BOUNDARYAS I / O/z / 1 S 87°�5'23"E DELINEATED BY 'k J / 2\ 253.81' I Z EN-CONSULTANTS AUG.5,2021 ? I % r00 �ps� x 14 �p o �. \\ Z Q / 0���/ F�DTP I o 1 x 1.7 x24 I �.r No 4 4r� I O ' � TIDAL WETLAND BOUNDARYAS x4.4 x3.8 I N 17.2' 24-- v �I ' o�ry0 I^ DELINEATED BY x3.0 x4.5 x3.7 I iSl eeoo h I ����, I EN-CONSULTANTS NOVB,2 23 ',D D FLOC4 ON x4.0 i,Topma 4.0 "1 Z I m A 0 096.0 ti 24,183 Sq.Feet o W.V. W.M. 20.0' 0.38Acres IV 4.0 } h % } /' a 4.0 4.0 i G 16,599 Sq.Feet x 3.2 0.56Acres M so AU(3k)1'I x29 NND - s.r 4y /'ry LLl i 1 1.4 PA H 4.0 tz Er x xzx27 N Z 4.a x3.8 " / j �'A2 / 275.23' I sup 2 a 2024 , GO �, a� , I U.P. 1 \ lA w 1 x 1.5 x 5.1 101dT0Yg1 T N " II S 85038'15 W x 1.6 x27 xa.3 SOH(dd1 GUY o 1 % i I LAND N/F OF 108.15 RICHARD&JANE ROHMAN '�. S85°38'40"W 0.ss i I LAND N/F OF i I RICHARD&JANE ROHMAN UPDATE 1/9/24 FOUNDATION LOCATION 12/11/23 THE WATER SUPPLY, WELLS, DRYWELLS AND CESSPOOL LOCA71ONS SHOWN ARE FROM FIELD OBSERVATIONS ZONE AE EL 6 AND OR DATA OBTAINED FROM OTHERS FEMA MAP#36103CO176H EFFECTIVE 09/25/2009 AREA: ELEVATON DATUM: NAVDSS UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A WOLA77ON OF SEC77ON 2209 OF THE NEW YORK STA7E EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYORS EMBOSSED SEAL ,SHALL NOT BE CONSIDERED 70 BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY 70 THE PERSON FOR WHOM THE SURVEY/S PREPARED AND ON HIS BEHALF TO THE 717LE COMPANY, GOVERNMENTAL AGENCY AND LENDING INS77TU770N LISTED HEREON, AND 70 THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES 70 THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT IN70VDED 70 MONUMENT THE PROPERTY LINES OR 70 GUIDE THE ERECTION OF FFVCE$ ADD17701VAL STRUCTURES OR AND OTHER IMPROVEMENTS EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE THE OF SURVEY SURVEY OF.DESCRIBED PROPERTY CERTIFIED TO: DANIEL&SUZANNE DIVINEY; MAP OF. FILED: SITUATED AT:GREENPORT Town oF:SOUTHOLD SUFFOLK COUNTY, NEW YORK KENNETH M WOYCHUK LAND SURVEYING, PLLC Professional Land Surveying and Design P.O. Box 153 Aquebogue, New York 11931 FILE i!223-166 SCALE:1"=40' DATE:DEC. 10, 2023 N.Y.S. USC NO. 050882 PHONE (881)298-1688 FAX(891) 298-1688 DANIEL& SUZANNE DIVINEY,400 BAY ROAD,OREENPORT {r r .'.", s57�rl5 +� � rt't r I � z+/ e AAA J Figure 1. Looking east at westerly end of existing catwalk to be replaced in-place and extended 12 feet to west. 1 F Figure 2. Looking west at easterly end of existing catwalk to be replaced in place and extended 12 feet to east. DANIEL& SUZANNE DIVINEY,400 BAY ROAD,GREENPORT Figure 3. Looking north over Gull Pond Inlet at existing catwalk to be replaced in place and extended approximately 12 feet to east and west;and at similar catwalks on neighboring properties to north. r t i 1 Figure 4. Looking south toward southerly limit of Gull Pond Inlet at existing catwalk to be replaced in place and extended approximately 12 feet to east and west. H ee .�`��0',•'�}_! �t ____._._. E J ewrHo°FF��r � sart�o�o �. 9 Lapp � 2EAk, If ^. ! er ncscEH. , f 1{ ry Yp� s 0 k p 05 .10 ��'"-�«�•v�\ OF � ' �' r° �3 r �-� � ao �a�r� z r R sour •�ui � .,'.�\��\\\\�*.\\k\�"�1\d > 1 x ,, "' • � , 01 > _w GAROINfRS BAY ZO Y h 10 _ - •�I F 1 1 COUNTY OF SU LK'r_" N 'A' ti ,w,.,,r, E �} ti 114uperl 1 b O.\gen�x W uon. ,xe Y a souTHoro- - 043 ° �. --'-- --°`-- ...». II71 .�.. - aaa�rrra,fe..eo,a na v,„ •. g ru neEnoE.mc OFFICE LOCATION: � MAILING ADDRESS: Town Hall Annex " P.O.Sox 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY 11971 Telephone: 631 765-1938 v LOCAL WATERFRONT RE" ITALIZATION PROGRAM TOWN OF SOUTHOLD To: Glenn Goldsmith, President Town of Southold Board of Trustees From: Mark Terry, AICP LWRP Coordinator Date: August 8, 2024 Re: LWRP Coastal Consistency Review for THE DANIEL DIVINEY REVOCABLE TRUST & THE SUZANNE S. DIVINEY REVOCABLE TRUST SCTM# 1000-43-5-8 & 23 En-Consultants on behalf of THE DANIEL DIVINEY REVOCABLE TRUST & THE SUZANNE S. DIVINEY REVOCABLE TRUST requests a Wetland Permit to remove and replace in-place existing 3'x71' fixed timber catwalk (foot bridge), with 4'x95' elevated fixed timber catwalk constructed with open-grate decking (includes 12-foot incline at each end). Located: 400 Bay Road, Greenport. SCTM# 1000-43-5-8 & 23 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the action is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Honorable Lori Hulse, Attorney Caroline Burghardt,Chairperson Town Hall,53095Main Rd. Lauren Standish,Secretary P.O.Box 1179 Southold,NY 11971 Telephone(631)765-1889 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held on Thurs., August 8, 2024, the following recommendation was made: Moved by Carol Brown, seconded by Inga Van Eysden, it was RESOLVED to SUPPORT the application of THE DANIEL DIVINEY REVOCABLE TRUST & THE SUZANNE S. DIVINEY REVOCABLE TRUST to remove and replace (in- place of existing 71' fixed timber catwalk (foot bridge) with TX 95' elevated fixed timber catwalk constructed with open-grade decking (includes 12' incline at each end). Located: 400 Bay Road, Greenport. SCTM#43-5-8 & 23 Inspected by: Inga Van Eysden, Carol Brown, Nancy May Vote of Council;Ayes: All Motion Carried CC# : C23-3252 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK The 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 01/31/2023 under Liber D00013186 and Page 851 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 01/31/2023 SUFFOLK COUNTY CLERK 0 pu--X�� VINCENT PULEO SEAL I IIIIIII IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII I(IIIII IIIII IIIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 01/31/2023 Number of Pages: 9 At: 11 :29:45 AM Receipt Number : 23-0012685 LIBER: D00013186 PAGE : 851 District: Section: Block: Lot: 1000 043 . 00 05 .00 008 .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 $290. 85 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Vincent Puleo County Clerk, Suffolk County RECORDED 2023 Jan 31 11; 45 RM i Ulncent Puleo Number of pages rr CLERK OF SUFFOLK COUNTY L DOGA13186 This document will be public P 851 record.Please remove all Social Security Numbers prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee t!5_ Mortgage Amt. Handling 20. 00 1.Basic Tax 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. or EA-52 17(County) Sub Total Spec./Add. EA-5217(State) TOT.MTG.TAX R.P.T.S.A. ��_ O�iQD�y Dual Town Dual County �. Held for Appointment Comm.of Ed. 5. 00 Transfer Tax pia. Affidavit • + Mansion Tax Certified Copy S �� The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total Other YES or NO -� Grand Total .�94 r�. If NO, see appropriate tax clause on page# of this instrument. 4 1 Dist. 1000 Section 043.00 1 Block 05.00 Lot 008.000 5 Community Preservation Fund Real Property a Consideration Amount$ Tax ServiceA enc 9 Y CPF Tax Due S Verification \\a�\'Z Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land TD En-Consultants 1319 North Sea Road TD Southampton,NY 11968 TO Mail tr aunty Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name www.suffolkcountyny.gov/clerk Title# 8 Suffolk County Recording & Endorsement Page This page forms part of the attached Declaration of Covenants made by: (SPECIFY TYPE OF INSTRUMENT) Suzanne Diviney The premises herein is situated in Daniel Diviney SUFFOLK COUNTY,NEW YORK. TO In the TOWN of Southold Town of Southold In the VILLAGE Board of Trustees or HAMLET of Greenport BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over IMPORTANT NOTICE If the document you've just recorded is your SATISFACTION OF MORTGAGE please be aware of the following: If a portion of your monthly mortgage payment included your property taxes,you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property tax statements. Local property taxes are payable twice a year: on or before January 101h and on or before May 31,1.Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst,N.Y. 11757 Riverhead,N.Y. 11901 (631)957-3004 (631)727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes One Independence Hill Shelter Island Town Hall Farmingville,N.Y.11738 Shelter Island,N.Y. 11964 (631)451-9009 (631)749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton,N.Y. 11937 (631)324-2770 Smithtown,N.Y. 11787 (631)360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington,N.Y. 11743 Southampton,N.Y. 11968 (631)351-3217 (631)283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Street Islip,N.Y. 11751 Southold,N.Y. 11971 (631)224-5580 (631)765-1803 Sincerelv. dw. Suffolk County Clerk 2/99 11-0104-06/06kd 1_ DECLARATION OF COVENANTS THIS DECLARATION made this eday of3l:�,v C/' ,2023,by Suzanne Diviney& Daniel Diviney,both residing at 400 Bay Road,Greenport,NY 11 ,hereinafter by to as "DECLARANTS": WITNESSETH: i i WHEREAS,DECLARANTS are the owners of certain real property located at 400 Bay Road, 1 Greenport,Town of Southold, County of Suffolk, State of New York, described in the Suffolk County Tax Map as District 1000, Section 43,Block 5, Lot 8, which is more particularly bounded and described as set forth in Schedule "A" annexed hereto, hereinafter referred to as the Property; and WHEREAS,the Property is situated on lands within the jurisdiction of the Board of Trustees of the Town of Southold(hereinafter the"Trustees")pursuant to Chapter 275 of the Town Code of the Town of Southold or its successor, and various activities conducted upon the property may thus be subject to the regulation and approval of the Trustees prior to being conducted; 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 November 16,2022,the Trustees approved the application and issued a permit with terms and conditions; and WHEREAS,the issued permit,terms and conditions of the permit,as well as the site plan prepared by Robert I.Brown Architect,P.C.,last dated November 16,2022, stamped approved on November 16, 2022,upon which the permit is based,are filed in the office of the Town of Southold Board of Trustees as Permit No. 10258,and annexed hereto as Schedule`B;"and WHEREAS, as a condition of the granting of a Wetlands Permit to undertake such regulated activities,the Trustees required that a 10' wide, approximately 800 sf"non-turf buffer"be established and maintained landward of the existing edge of lawn; and WHEREAS, the DECLARANTS have considered the foregoing and have determined that the same will be for the best interests of the DECLARANTS and subsequent owners of the Property. NOW,THEREFORE,the DECLARANTS do hereby covenant and agree as follows: 1) Upon the substantial completion of the aforementioned permitted activities there shall be established and perpetually maintained landward of the existing edge of lawn, a 10' wide, approximately 800 sf"non-turf buffer,"as defined by Chapter 275 of the Town Code, as depicted on the site plan prepared by Robert I.Brown Architect,P.C.,last dated November 16,2022,stamped approved on November 16,2022,and filed in the Office of the Southold Trustees as the approved plan for Permit No. 10258. 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 BLAND INTENTIONALY) 2 IN WITNESS WIIEREOF, the owners have duly executed this instrument this _ day of Suz e Diviney Daniel Diviney STATE OF c lu �I — COUNTY OF S C)/� ss;: 20Z) On the V day of ( , in the yearJ2022, before me the undersigned, a Notary Public in and for said State, personally appeared Suzanne Diviney 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. rjNoblic Jacqueline` orgio/ NOTARY PI:b'.,•:. YORK S �� �� MY Commission E.• 'res Ocrober 19, STATE OF Jacqueline Lisa Giorgio ss: LTARY.PUBLIC,STATE OF NEW PORK COUNTY OF � � o.02G NassauCountt o.02GI50031" I^' )0 y Commission Expires October 1 0- On the _day of ,� , in the year-2-8-a, before me the undersigned, a Notary Public in and for said State, personally appeareo Daniel Diviney 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 instrument. C Jacqueline Lisa iorgio NOTARY PUBLIC,ST OF NEW YO. N u County 02GI5003128 My Commis' n Expires October 19, 3 Jacqueline Lisa Giorgio NOTARY PUBLIC,STATE OF NEW YORK Nassau County No.02GI5003128 My Commission Expires 0ctober 19,`u^'W I SCHEDULE A ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold,near Greenport, County of Suffolk, and State of New York,bounded and described as follows: BEGINNING at a locust post on the Easterly line,of Bay Road, distant 763.22 ft. Southerly measured along said Easterly line of Bay Road and along the Easterly line of Inlet Lane from the Southerly line of Manhanset Avenue, said point of beginning being the Southwesterly corner of land,now or formerly of Eugene and Ruth Spalinger; and from said angles to said Easterly line of Bay Road,North 86 deg. 38' 40"East 172 ft. more or less,to ordinary high water mark of Gull Pond Inlet or Cutter; Then Southerly along said high water mark to a point 125.0 ft. Southerly from the Northerly boundary line hereinabove described when measured at right angles thereto and to the Northerly boundary of land conveyed by Michael J. Capuano and Lois H. Capuano to George and Mary Witanko be deed dated June 4, 1956 and recorded in Liber 3706 pg. 500; Thence along said land of Witanko and again at right angles to said Easterly line of Bay Road South 85 deg.. 38' 40"West 144 ft.more or less to an iron pipe on said Easterly line of Bay Road; And Thence along said Easterly line of Bay Road North 4 deg. 2l' 20"West 125 ft. to the point of Beginning. 4 SCHEUDLE B -:k� � �y. ^�'Q' ,,o,,. ,j�y „ ,p r ��$!aa c3�q.. i:..a Vf .� =.: . •••tea •°a'�SF •'"y:a"v'•�;P�,4 r�A� ��,:f.'�� 'tr�' _ f.„ `•' •"'..• .:,.•'� ��p•� 4 -n^-%tn-,^+rr,"'q 4' `�. i� � �S„ •• �'ue eo^' ;6'a .t" .Ca., .. �6 ...+��df�SYa't,..7�G�y`W::� 'U � �t� *,�t' t' @. .:' �' 71 • `.':^_ n �``'• „c,;" s;�' „ ':'`•y�, � ''�;r,.^ ..'lam°,` ��• '' - l ;:.'L�� � %" �,: �1` l�«':l'd'"' ''.'!L"isP%'3�S'Il�ti'[+:L!;"L;'.1u;'G6e0.T+TG[ff(t.9''''.3,.6e'' p�+.7�';DT+i'C7/dw.1.:�"S"d1kSi'S*.L3'1:2'�:FSp!/'!tvT"RA".sSCHYG:.l:.k't'.�''2Y•4YL'N'1."S:C)'6F�?52T¢s+^�.'Sf(5R:'\:XGC35"X.L"dC::2iVL�$Y�eZ?:2?S37"d3'AT..r'"':'Fg''''S'C'S.",X��'Y � ' BOARD OF SOUTHOLD TOWN TRUSTEES y '° rp SOUTHOLD,.NEW PORK r ' ., PERMIT NO. 10258 (DATE: NOVEMBER 16,2022 ISSUED TO: DANIEL& SUZANNE DIVINEY .` R, PROPERTY ADDRESS: 400 BAY ROAD.GREENPORT =3 .zSCTM# 1000-43-5-5 AUTHORIZATION aa- A 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 November 16, 2022, o , Ri and in consideration of application fee in the sum of$250.00 paid by Daniel& Suzanne Diviney and subject to ..i the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to demolish and remove existing 1,345sq.ft. two-story dwelling with attached j deck, and remove existing shed; construct a new two-story,single family dwelling with a ;v13 1,516sq.ft.footprint and 341sq.ft. attached garage with 39sq.ft.concrete apron,stoop and steps ', beneath 92sq.ft. front roof overhang,410sq•.ft.deck(with balcony above),and 41x4.25'steps, 123sq.ft.screened porch(with balcony above),and 4'x4.25' steps,and 112sq.ft.second-story Qp deck/balcony; install 112sq.ft. pavers-in-sand patio,4'x4' outdoor shower enclosure over gravel (piped to proposed drainage system),HVAC and buried utilities replace existing concrete •Ate (P p P P g y ), , driveway with pervious gravel.driveway; remove existing septic system and install new I/A OWTS sanitary system; install a stormwater drainage system; establish and perpetually Fx maintain a non-disturbance buffer between the tidal wetlands boundary and the existing edge of lawn; and establish and maintain a 10-foot wide,.approximately 800 sf non-turf buffer 3 landward of the existing edge of lawn,and as depicted on the site plan prepared by Robert 1. p Brown Architect,P.C.,last dated November 16,2022; and stamped approved November 16, �- 2022. - r �r IN WITNESS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affixed,and these i ", P .��j presents to be subscribed by a majority of the said Board as of the day and year first above written. 01 az 4. o "10 to.. �°➢a "-^- •,�%' aa�trozaa,�;xaa-ir,.vasr��sratv, ,�-r�w�;sr.,��usv�cc�sc.;.s;,.;a,,;sr�,zas ,Kc,�ru:Mncr,s»�,ac�aaY�a.-'srfi-i.+�.;sa;,�rrrrkaxmvr�o,,.•:,�e��n°raZrax��.: �- y '�=i ti �.�t.♦ _ •6` i� \ 7'A 'mil' �t ''•" +.n• �'� ��j •_ ��a fir• '�, ,• � I^•• �„��1 "Cr4c ,a">r,y�t•�~ �\- •�: a:ni;F���' 1;,..sad 4:L!_a .r�, "'�'`,,�:..9�,°�,1. ,} ,r.�41.•.+.?.°t>' �}...v yya4','.•�' - SCHEDULE B (cont.) TERMS AND CONDITIONS The Permittee, Daniel& Suzanne Diviney residing at 400 Bay Road Greenport 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 Clerk's Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety(90)calendar days of issuance of this permit. 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. 11. 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 a n.s ,R,.r_rozo R Mnm y,.r,.x,u.a.F G A 1 aoE R S B•`��" E G B E W a. N/o/T —a axD sU—E Drnr¢r 3 n u e on rx eroe+.�cu p y e' •�I•q"? q�' 1000-43-O5-23 y' a !fl p S°Fs t, ■ v F•h rp GULL POND NLET`S o*.e a §5�iR Or, ,ap,nf�,,.nc�mnwn�wmwossgmwsr '� y ' �w fGG.,�°E.wyrnrtnvrnlmvNof�irtxwmm�utnw£uwl R<P[uNaoro xavp°e �vna`�".eei.m1O°" `¢-'!'g aA?exm ae wtuaem. Cn D('et!`_ � - 50�OEN'rDVM�£F�InTNC lDTCOVEIUGE: tcao-<w-v g o==-T'" � rt - M1I.Ol.9f•8S tmw,..a,ns.mtmnw.euwroi•:gyp asp .- 0 $ '4p - _ w�vrxaEDTowN paorosED inrmwsace -Nt� e.,., N rn. o a m .✓ P nwaA a¢ °n z. g Robert I.Brown - ;_ seas & Architect.P.C. _ �i' �• +<a1N49(aR1nc[vranW.,yn `�s' R l*o,. e C P uussa.r•ne emENps.E Nr G PbMm i ��EC pNRO`PDSED IAT COVERAGE � - ��Y��.y ., 3 p °S-lTi4/D AE6 �'� .L ' ooEo,•Euuxc"�' 4N ` _ 11 en,ut n,m. 33RR gi Sa" m..a.•.m. �� �, '�. ..... _ w.,.«nmuacu,rARm,.�i. �4k m�� .,.�.y:•O O ; J O 125 DRAINAGE CALCULVfoNS EV@2 ,s DANIEL&SUZANNE p~j m _ . o�pAwxxr eF pN.fw .oNcowNNE mmsNN wo — DIVINEY p vsE,isoR..r�'opnw.E,su,<.rn 2 � BAY RDAD BAY ROAD rmxmew.mn.,Tvpm wsnm.m ' ly aeue same w s:arr i NEW RESIDENCE RES7TtDNENCE � U t W)an5i,.. SI tOD' 7$' Q'm'c":.a N.c otm 57' wvc T.,m 50 50' m x,a°zx a :,m�:.aw P D M ROPOSE EXISTING VS.PROPOSED SITE N STCEPLAN SITE PLAN i=3a sAsmoNsvmfl•RrrEcasncsum•EYORs PLA fig+ I"=20 WxN n,E1zDER> _ GENERAL NOTES IY usronTmornDREn w,� A9PRG: ; Z aASFDONSURvtI•Ry pECONiCNRVEY0R5 SCfIN NOt°°dtJ^3'^R _ ODxNn1ETrDER) ,R,SNx¢Et"TIEUNPS aOARDCi 5 T o IA4T DATEOOCIOaER ay.m: TOWNc :: LD SCEM N",t"ooyT"Tog rntvinc J.9,"plmTlElrNFS --�DAi TE R*/R4�.,i rally Al o � -- Ln ✓ Glenn Goldsmith,President �� y Town Hall Annex A. Nicholas Krupski,Vice President q 54375 Main Road ti P.O. Box 1179 Eric Sepenoski ; Southold,New York 11971-0959 Liz Gillooly A Elizabeth Peeples �Q� ��T Telephone(631) 765-1892 Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only _Coastal Erosion Permit Application JUN 2 0 Zoe _Wetland Permit Application Administrative Permit _Amendment/Trans ear/E to on Received Application: vV✓ Southold Town Received Fee: Board Of Trustees Completed Application _Incomplete SEQRA Classification: Type I Type II Unlisted _Coordination: (date sent) LWRP Consistency ArssissIpprit orm a CAC Referral Sent: Date of Inspection: _Receipt of CAC Report: _Lead Agency Determination: _Technical Review: Public Hearing Held: Resolution: Name of Applicant The Daniel Diviney Revocable Trust&The Suzanne S.Diviney Revocable Trust 400 Bay Road Address Greenport,NY 11944 Phone Number: 516 384-0456 Suffolk County Tax Map Number: 1000 - 43 -5 - 8 &23 Property Location:400 Bay Road,Greenport (property is located on east side of Bay Road,+/-760'south of Manhanset Avenue) (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 Board of Trustees Appl., Ltion GENERAL DATA Land Area(in square feet): 16,599 sf(Lot 8)&24,183 (Lot 23) Area Zoning: R-40 Previous use of property: Residential,single-family dwelling&vacant-residential(improved with catwalk) Intended use of property: No change Covenants and Restrictions: X Yes No If"Yes", please provide copy. 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 Board of Trustees#323 6-25-86 Southold Board of Trustees#10258 11 - 16-22,amended 5-24-24 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 and replace(in-place)existing 3'x 71'fixed timber catwalk("foot bridge")with 3'x 95'elevated fixed timber catwalk constucted with open-grate decking(includes 12-ft incline at each end),as depicted on the project plan prepared by En-Consultants, dated June 15,2024. Board of Trustees Applica n WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: To replace/maintain existing catwalk("foot bridge")across Gull Pond Inlet,which provides previously permitted means of access between applicants'two properties(dwelling to Gardiners Bay). Area of wetlands on lot: +/- 10,741 square feet (combined total on 2 parcels) Percent coverage of lot: 26.3 0/0 Closest distance between nearest existing structure and upland edge of wetlands: N/A feet Closest distance between nearest proposed structure and upland edge of wetlands: N/A feet Does the project involve excavation or filling? X No Yes If yes, how much material will be excavated? N/A cubic yards How much material will be filled? N/A cubic yards Depth of which material will be removed or deposited: feet 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 project proposes to replace and maintain the catwalk,or"foot bridge,"that was originally permitted in 1986(Town Wetlands Permit No.323)to provide access across Gull Pond Inlet,which is located between the applicant's two properties and physically separates their home from Gardiners Bay.The catwalk would be extended by 12 feet at each end to allow for an increased elevation of the catwalk above tidal wetlands,and it would be constructed with light-penetrating open-grate decking. By thus updating the design to enhance and protect the viability of the tidal wetland vegetation beneath and adjcent to the catwalk,the project would maintain but improve upon the existing site conditions without causing significant adverse impacts on the adjacent tidal wetlands or waters of Gull Pond Inlet. a� 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: The Daniel Diviney Revocable Trust&The Suzanne S.Diviney Revocable Trust Catwalk Project Location(describe,and attach a location map): 400 Bay Road,Greenport,Town of Southold, SCTM#1000-43-5-8 &23;property located on east side of Bay Road; +/-763'south of Manhanset Avenue(map provided). Brief Description of Proposed Action: Remove and replace(in-place)existing Y x 71'fixed timber catwalk("foot bridge")with Y x 95'elevated fixed timber catwalk constucted with open-grate decking(includes 12-ft incline at each end),as depicted on the project plan prepared by En-Consultants,dated June 15,2024. Name of Applicant or Sponsor: Telephone: 516-384-0456 The Daniel Diviney Revocable Trust&The Suzanne S.Diviney Revocable Trust E-Mail: suediv@hotmail.com Address: 400 Bay Road City/PO: State: Zip Code: Greenport NY 11944 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 X 3.a.Total acreage of the site of the proposed action? 40,782 sf acres b.Total acreage to be physically disturbed? <1200 sf acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 40,782 sf acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial ®Residential(suburban) ❑Forest ❑Agriculture ®Aquatic ❑ Other(specify): ❑Parkland Page 1 of 4 t 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&Environs,Reason:protect public health,water,vegetation& secenic beauty,Agency: County of Suffolk;Date:7- 2-8 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 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 X 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: N/A X 12.a. Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b. Is the proposed action located in an archeological sensitive area? X 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? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: Replacement X catwalk will continue to encroach over approximately 180 sf of Gull Pond Inlet,below MHW. 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 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 INFOR ATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Ro Herrmann,Coastal Mgmt. Specialist Date: June 18,2024 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? 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 Responsible Officer) Page 4 of 4 ti?,�y RpgO��?N � y East Marion �a m Orient Park Rocky Pt S pOPQ\EW OR �" srDP 3 A t ,� �, i •1 N QpW v �eU x � Ou+ •)a Beach Orient Soci y y YC S y o SO�NERN 9 � 0 W W 09 v� Dnnl P/pE w POrI(1 Harbor ' EAS ION &:1s-In MAPLEPL o � � 25 PS FG DSS �`�� Q• .`iQerrlGsw 9 �# A nrio MEIvlrr �., sR6R1 6 °2 'fir T k, �b i �X 0�3 9 A Islands End mo GCacc °°S�O n Jr O . aA � � Ilul^ILIIfI OL DD b t sq t ' Stitlingt A°2o (� c ep tp "�i °9 W, Ceme:a Gull Pt \ St Agnes MEg00 Cem 5 9 H o' Cleves Pt Long Bea y 511E C ACCE55 VIA 0 LH J BdS'49 Sandy ti S s s 5L1f�JECt Pt;OpE�fY) •�•. . �;,: Beach Pt RLI G K zQ\�r Q 9p YD gs Pt �A Hay Beach Pt Q\• PV � xA� N KLA P °p P� `A� OFF p00PR01NERS pQ`"s y OA t n. .I�Cy VIEW�r l 25 LH /�y o WP ND 2 ®a \ b°: Suffolk Hag5trorn Map 50 20001 � p` K= c,NR Cornelius Pt ieDASEL Doom E WA X 4 � � ENNAD I t S� 9O°O cDDrtrflv Gardiners Bay I De ing Pt s p Q° CC tSL�J P DEflING W OD C � KPI ID �j 1 .�"�\ m S1 rN.�.'r •f ISLAND 1- ti m e ChequitPt 1 _ UMW a 0 0 Aye a tef s an Yacht Cl u 2Ty s QP\` 7°� O 90 G ay -,Board of Trustees Applica', " lon .AFFIDAVIT Daniel Diviney BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMITS)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. A777;e'�411"9 N/A ignature of Propert er Signature of Property Owner Daniel Diviney SWORN TO BEFORE ME THIS 0 DAY OF (� ,.20 Z2 Not y Public 13RITTANY A CONRAD Notary Public,State of New York Reg.No.01 C06245154 Qualified in Suffolk County Commission Expires July 18,20 Board of Trustees Applica," AUTHORIZATION (Where the applicant is not the owner) I/We,, Daniel Diviney owners of the property identified as SCTM# 1000- 53-5-8 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 Property Owner's Sign a Property Owner's Signature Daniel Diviney SWORN TO BEFORE ME THIS 0' DAY OF 3.20. Zz l Notary ublic PRITTANY A CONRAD Ncatmry(public,State of New York Reg.No.01C06245154 Qualified in Suffolk County COMMission Expires July 18,20 Z3 APPLICANUAGENUREPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The'Tb A h of Southold'§`Code of Ethics prohibits conflicts-of interest on the part of town officers and employees.The purpose of this formjs to provide iiiforination which can alert thz towri'of Ossibid conflicts of itiwtdst:and'dilow it to,take whatever action is necessaryto avoid same. YOURNAME: Diviney,Daniel (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 relaiionship:ivith any officer,-Or employee of the Town ofSouthold? "Relationship"includes by blood,marriage,or business interest."Business interest!"means a business, including a partnership,in.which the town',ofTicer orempl'oyce has even a partial ownersilipof(or employment by).a corporation in which the town officer. r employee owns more than 5%RNhe 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)die owner of greater than 5%ofthe-shares of the`corporate stock of the applicant (when.ihe applicant'is a-corporation); B)thcaegal or beneficiaLowner of;any interest,in anon-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 4 dh� Submitted this day o 0�. Signature. Print Nam e Daniel Divine Form TS 1 Board of Trustees Applica, - ,on AUTHORIZATION (Where the applicant is not the owner) I/We Suzanne Diviney , owners of the property identified as SCTM# 1000- 53-5-8 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 Property Owner's Signature Property Owner's Signature Suzanne Diviney SWORN TO BEFORE ME THIS 0 OF A aILA , 20Z I ota Public BRITTANYA CONRAD Notary public,State of New York Reg.No.01C06245,54 Qualified in Suffolk County Commission Expires July 18,20 Z.3 Board of Trustees Applica,—,on .AFFIDAVIT a Suzanne Diviney 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. N/A Si re of Prope y er Signature of Property Owner Suzanne Diviney SWORN TO BEFORE ME THIS DAY OF Px-Le 0,S4 20 ZZ 1 Not Public BRITTANY A CONRAD Notary Public,State of New York Reg.No.01C06245154 Qualified in Suffolk County Z Commission Expires July 18,20 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Tow*n'of S66tboW§Code of Ethics prohibits conflicts of interest.on the Hart 6ftbWito"fficers,ind nninlhvecq-The of ose_of this�ffirrn is,to provide information which can alert the town.'6fp6ssible conflicts ofanterescand allow it to,tAke whatever action is. necessary to avoid same. YOUR NAME., Diviney,Suzanne (Last name,first name,piddle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicatq,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 personall'y'(6r through your pornp any,spouse,sibling;parenparent;or-chiidy have a relaifonship�A�ith any officetw empldyec: of the Town of Southold? "Relationship"includes:by,blood; ilatefot."Bb,sine'gs"interps,c!'means,-a business, including a partnership,I . in which the townn-oifficir or dmpld has.even a.priial ownurshig6f.(9r,employmerit by)-a 6diporatibn in which the toVyn,officPr.or employee o)vns more.than 50?6qfihc 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 proAded. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): the owner oPgreater than 5%,of.t.he shires of the corporate stock of the applicant (Wiien,ihe applicant is-a--.corporation); Bj the legal-or betieficial'o\ynef of.,any intere,stin a pp'.1-corporate entity(w eft the opplicant ils nota.corporation); C all officer;director,.partner,or employee of the applicant;or the actual applicant. DESCRIPTION OF RELATIONSHIP d4 0 2-f 20 Submitted 4tj d 1-f 20 Sigpat..u'r Print Nam Suzanne Diviney Form TS I Glenn Goldsmith,President g�fFO(�-co Town Hall Annex A.Nicholas Krupski,Vice President 54375 Route 25 Eric Sepenoski ti z P.O.Box 1179 Liz Gillooly o • Southold,NY 11971 Elizabeth Peeples 4,, �.a Telephone(631)765-1892 Fax(631)765-6641 BOARD OF TOWN TRUSTEES REA E V V ETOWN OF SOUTHOLD 1 4 2024 BOARD OF TRUSTEES: TOWN OF SOUTHOLD SouUald Town In the Matter of the Application of THE DANIEL DIVINEY REVOCABLE TRUST&THE SUZANNE S.DIVINEY REVOCABLE TRUST COUNTY OF SUFFOLK STATE OF NEW YORK AFFIDAVIT OF POSTING O=NQTMPLETETIS�FOR1l1 ANTIL�THE POSTINGIAS REMAINED IN PT�AaCE�FOR AT LEAST SEVEN DA-I',S�P r ,OIZ.�TO�_THL�PUBLI-,C�..� HEARIND �TE�=�COMPLETE�TlI1`,�:EOwO1EIGHTH�AY_OR -TER- 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 August , 2024 ,I personally posted the property known as 400 Bay Road, Greenport; SCTM #1000-43-5-8 & 23 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 Wednesdav,August 14,2024. Dated: (signature) Sworn to before me this 14th day of Aug 20 24 KIM H. STEPHENS Notary Public-State of New York No.01ST5015931 Qualified in Suffolk County . ary ublic My Commission Expires August 02,20 I COMPLETE • ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the`reverse X ❑Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery i 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: ❑No Karen Dalton 1465 Beach Road 3. Service Type ❑Priority Mail Express@ ❑Adult Signature ❑Registered MaiITM Green ort,NY 11944 ❑Adult Signature Restricted Delivery [3 Registered Mail Restricted p mortified Mail@ Delivery ❑Certified Mail Restricted Delivery ❑Signature ConfirmationTm ❑Collect on Delivery ❑Signature Confirmation 2 __—_ ----- —delivery Restrjcte I Delivery. Restricted Delivery 0 2 2 10 313 0510 0 011 3�"�'. 0.7`A 6 Fteettictl G121 v.. ;., I PS Form 3811 r July 2020 PSN 7530-02-000-9053 `ipo,#ie&tij;Return Receipt COMPLETE •N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3. A. Signature' ■ Print your name and address on the reverse X ❑Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B. r4bdnted Name) C. Date Delivery or on the front if space permits. na 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑No Town-of Southold 53095 Route 25 3. Service Type 0 Priority Mail Express@ PO Box 1179 ❑Adult Signature ❑Registered MaiITM Southold NY 11971 ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted, EMertified Mail@ Delivery ❑Certified Mail Restricted Delivery ❑Signature ConfirmationTM + . . . ❑Collect on Delivery ❑Signature Confirmation 2i ,i_ { jiYery R I irii ted Delivery I Restricted Delivery 7022 3330 00011 :3 2 9� Restricted Delivery 1 0ver1500) PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt COMPLETE •N COMPLETE THIS SECTIONON DELIVERY A. Si ture ■ Complete items 1,2,and 3. ❑Agent ■ Print your name�'and address on the reverse ❑Ad teases so that we canf return the card to you. ■ Attach this card to the back of the mail piece, ' B. Received by(Pr' ed Name) C. Date f elivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address differs item 1 Ye .,� If YES,enter delivery address be ow: ❑No Martin&Chiara Racanelli 3, Service Type 0 Priority Mail Express® 3505 Vet Memorial Hwy, Suite A ❑Adult Signature ❑Registered MailTM ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted Ronkonkoma,NY 11779 ertified Mail® Delivery ❑Certified Mail Restricted Delivery ❑Signature ConfirmationTm ❑Collect on Delivery ❑Signature Confirmation n.a:,,i,..ni.,...h'.. �nefer_frnm coniira-laholl O Collect on Delivery Restricted Delivery Restricted Delivery �^ 7022 3 3 3-0 0001 3299 3 713 ail'l Restricted Delivery PS Florml 381111,IJulyl 210201PS�V�530�02-000-9053 ;fl¢#ftestic Return Receipt COMPLETE • ON DELIVERY SENDER: COMPLETE THIS SECTION SI ture ' ■ Complete items 1,2,and 3. A. ■ Print your name and address on the reverse 16,71 ressee so that we can.retum,the card to you. B. c ived by(Prin ed Nam) C.. ate of Delive ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address differ t from item 1? ❑ s if YES,enter delivery address below: o I Tucker•Sthenk Erin P Diamond 75 W End Avenue Apt. P 19 E 3. Service Type ❑Priority Mail Express® p Adult Signature ❑Registered MalITµ New York, NY 10023 ❑Adult Signature Restricted Delivery ❑Deliveryed Mall Restricted Delivery 0<ertified Mail® ❑Certified Mail Restricted Delivery ❑Signature Confirm [I❑Collect on Delivery 11 Signature Confirmation --'-Very Restricted Delivery Restricted Delivery 2. I 7022 3330 0001 3299 369�$500) stricted Delivery (ov Domestic Return Receipt PS Form 3811,July 2020 PSN 7530-02-000-9053 t l NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: Daniel&Suzanne Diviney SCTM#1000-43-5-8 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Tr­_, r �St E C F E:. L AUG 1 2 9n94 Remove and r place(in-place)existing 3'x 7 P fixed timber catwalk("foot bridge")with 3'x 95'elevated fixed timber catwalk constucted with open-grate decking(includes 12-ft incline at each end), as depicted Board of: :; ?the project plan prepared by En-Consultants,dated June 15,2024. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 400 Bay Road,Greenport 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.,Aug. 14,2024 @ 5:30pm;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. Daniel& Suzanne Diviney PROPERTY OWNERS NAME: 400 Bay Road MAILING ADDRESS: Greenport,NY 11944 PHONE #: 516-384-0456 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. `i PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: 1000-43-5-7& 1000-43-5-21 3505 Vet Memorial Hwy, Suite A Martin&Chiara Racanelli Ronkonkoma,NY 11779 1000-43-5-9 PO Box 2096 RG Rohman Irrev.Trust&JE Rohman Irrev. Trust Greenport,NY 11944 1000-43-5-22 PO Box 1179 Town of Southold Southold,NY 11971 1000-43-4-40 214 Carlton Avenue#2 Charlotta Westergren&Mark Gimein Brooklyn,NY 11205-4035 1000-43-4-41 75 W End Avenue,Apt.P19E Tucker Schenk&Erin P.Diamond New York,NY 10023 1000-43-4-42 1465 Beach Road Karen Dalton Greeport,NY 11944 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 2nd day of August ,20 24 , 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 Mailed to each of said persons by (certified)(regcii4eved� mail. Robert E. Herrmann Coastal Managment Specialist Sworn to before me this 2nd day of August ,20 24 KIM H. STEPHENS Notary Public-State of New York No.01 ST5015931 Qualified in Suffolk County ary Publ c y Commission Expires August 02,20 L� U.S'. Postal Service TM TM U.S. Postal Service CERTIFIED MAIL@'RECEIPT RECEIPT CERTIFIED MAIL r- Domestic'Mail On,ly M Do Only M For cleliver�`information,visit ou rwebsiteatWWW.UsPS.qoM8. M For delivery iniormiation,visit our website at www.usps.Com6. Er Er d Er Certified Mail Fee Certified Mail Fee ru ru M $ rn $ �k A JMW p Extra Services&Fees(check box,add Extra Services&Fees(check box,add r-1 ❑Return Receipt(hardcopy) $ El Return Receipt(hardcopy) $ $ �p r 1 $ fee as appropriate)/�` C3 ❑Return Receipt(electronic) Postma r3 ❑Return Receipt(electronic) poStmar C3 ❑Certified Mail Restricted Delivery AUG n- Ller- C3 ❑Certified Mail Restricted DeliveryAUG E3 []Adult Signature Required $ 22024 < r3 E]Adult Signature Required $ 2 C:3 [:]Adult Signature Restricted Delivery$ C3 []Adult Signature Restricted Delivery$ M Postage Postage M M $ Total$ Total Post., ­U M rn ru $ Town of Southold ru $ ru Sent To rU Sent 053095 Route 25 L----- C3- Martin&Chiara Racanelli Street and, PO Box 1179 1 ----------- RFji -- L 3505 Vet Memorial Hwy, Suite A Southold,NY 11971 u1b;_1 Ronkonkoma,NY 11779 ------------- U.S. Pos"tal Service"' 'U.S. Postal Service TM C3 CERTIFIED MAILP RECEIPT CERTIFIED MAIV RECEIPT Er Domestic Mail Only C3 Domestic Maii Only -0 M r1__ M For delivery informatiob,visit our website at wwwwsps.com". P Er, Er 7 Er VenffieU mail Fee ru Certified M01 Fee M $ ru M $ Extra Service &Fees(check box,add fee as appropriate --f- Extra Services&Fees(check box,adarfee as app-pn.ale rq El Return Receipt(hardcopy) 1, ❑Return Receipt(hardcopy) $ P� $ E]Return Receipt(electronic) $ o mar Return Receipt(electronic) C3 P St E3 []Certified Mail Restricted Delivery $ 0 C:3 []Adult Signature Required $ Herej 1_-3 E]Certified Mall Restricted Delivery $ Hefei Z -]Adult Signature Restricted Delivery$ + 10 EZI [:]Adult Signature Required $ 20 F T G_ 1UG-2 []Adult Signature Restricted Delivery$ 24 r-3 Postage -2004 r3 Postage M \ ,`IN, M $ M M $ W, M Total PaTucker Sche M Total I n $ -Usips sent o ru $ rU ntT Erin P Diamond ru ru Sent I RG Rohman Irrevocable Trust C3 ai I---------- 1=1 r_ 75 W End Avenue, Apt. P19E r%_ ffiiet JE Rohman Irrevocable Trust ------------ New York, NY 10023 criy PO Box 2096 _._------_. Greenport,NY 11944 TM U.S. Postal Service U.S. Postal Service CERTIFIED MAILD RECEIPT P M � CERTIFIED MAIL RECEIPT r_3 Domestic Mail Only ca Domestic Mail Only M ROE "M M Forldeliverk information,visit our website at wimmusps.corria. Er Er Er S, ru L;enjilea Mall Fee Er- Certified Mail Fee M $ as(check box,add fee as appropriate) YNA rLi Extra Services&Fe M $ rdcopy) Extra Services&Fees(check box,add fee as appropdate) r9 $ El Return Receipt(hardcopy) $ \%AM,p C3 (electronic) $ Pos- [J Return Receipt(ha []Return Receipt lei 1m.rk 1_-3 []Return Receipt(electronic) $ Postmark C3 El Certified Mall'Restricted Delivery $ H�e C3 ❑Certified Mall Restricted Delivery $ Here 1-3 E]Adult Signature Required $ AUG 2024 C3 ❑Adult Signature Required $ []Adult Signature Restricted Delivery E]Adult Signature Restricted Delivery$ i AUG 2 2024 C3 Postage C3 Postage M M $ M M Total Pc----- M $ M Total P( 17. ru $ Sent To ru $ ru rU Sent To Charlotta Westergren - C3 Karen Dalton I NF(0�i 1465 Beach Road M ".NiiieKs Mark Gimein ----------- U,Fyti Greenport,NY 11944 ---------- -U,6;-yt 214 Carlton Avenue#2 ----------- Brooklyn,NY 11205-4035 ffiff"Ifflo , NOTICE OF HEARING 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. OWNERS) OF RECORD: THE DANIEL DIVINEY REVOCABLE TRUST & THE SUZANNE S. DIVINEY REVOCABLE TRUST SUBJECT OF PUBLIC HEARING: For a Wetland Permit to remove and replace in-place existing 3'x71' fixed timber catwalk (foot bridge), with 3'x95' elevated fixed timber catwalk constructed with open-grate decking (includes 12-foot incline at each end). Located: 400 Bay Road, Greenport. SCTM# 1000-43-5-8 & 23 TIME & DATE OF PUBLIC HEARING: Wednesday, August 14, 2024 — 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 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS l, 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 si nificant 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# 43 - 5 - 8&23 PROJECT NAME The Daniel Diviney Revocable Trust&The Suzanne S.Diviney Revocable Trust 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 and replace(in-place)existing 3'x 71'fixed timber catwalk("foot bridge")with 3'x 95'elevated fixed timber catwalk constucted with open-grate decking(includes 12-ft incline at each end),as depicted on the project plan prepared by En-Consultants, dated June 15,2024. Pursuant to Southold Town Code§268-5("Review of Actions")and the corresponding definitions of"action"and"minor action"by §286-3 ("Definitions"),the proposed work meets the following definition of a minor action and should thus be determined to be exempt from waterfront consistency review pursuant to chapter 268: "B.Replacement,rehabilitation or reconstruction of a structure or facility, in kind,on the same site(in place),including upgrading buildings to meet building or fire codes,except for structures in areas designated by the Coastal Erosion Hazard Area(CEHA)law...". Location of action: 400 Bay Road,Greenport Site acreage: 0.94 acres Present land use: Residential,single-family dwelling&vacant-residential(improved with catwalk) 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: The Daniel Diviney Revocable Trust&The Suzanne S.Diviney Revocable Trust (b) Mailing address: 400 Bay Road Greenport,NY 11944 (c) Telephone number: Area Code 516-384-0456 (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? NYSDEC 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 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 Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III- Policies Pages 8 through 16 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ❑Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ 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 Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote skiing of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 5 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 DATEJune 17,2024 Robert ann Amended on 811105 EN-CONSULTANTS June 18,2024 JUN 2 O � Town of Southold D] Southold Town Board of Trustees Board of Trustees 54375 Main Road Post Office Box 1179 Southold,New York 11971 Re: Daniel and Suzanne Diviney 400 Bay Road,Greenport SCTM#1000-43-5-8 &23 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&Disclosure Forms; b) Short Environmental Assessment Form; c) LWRP Consistency Assessment Form. 2. Photographs. 3. Project plan prepared by En-Consultants, dated June 15,2024. 4. Survey prepared by Nathan Taft Corwin III Land Surveyor,last dated January 9,2024. 5. Declaration of Covenant recorded January 31, 2023 as Liber 13186 Page 851. 6. Application fee of$1,250.00. 1 hope this information shall allow you to process our permit request. Should any additional information be required lease do not hesitate to contact our office: Sincere , Robert E. ann Coastal Management Specialist /tcr Enc. 1319 North Sea Road I Southampton,New York 11968 p 631.283.6360 f 631.283.6136 www.enconsultants.com environmental consulting