HomeMy WebLinkAboutTR-10620 Glenn Goldsmith, President ���®� so Town Hall Annex
® 54375 Route 25
A. Nicholas Krupski,Vice President P.O. Box 1179
Eric Sepenoski l J Southold, New York 11971
Liz Gillooly Telephone(631) 765-1892
Elizabeth Peeples � �` yo Fax(631) 765-6641
COUNTI,�
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
CERTIFICATE OF COMPLIANCE
#2231 C Date: May 5, 2025
THIS CERTIFIES that the removal and replacement in-place of existing L3'x71' fixed timber
catwalk(foot bridge) with 4'x95'elevated fixed timber catwalk constructed with open-grate decking
(including 12 foot incline at each end); replacement catwalk is 116' including the terminal 12' inclined
sections of catwalk at each end as per DEC requirements,
At 400 Bay Road, Greenport
Suffolk County Tax Map#1000-43-5-8 & 23
Conforms to the application for a Trustees Permit heretofore filed in this
office Dated June 20, 2024 pursuant to which Trustees Wetland Permit#10620
Dated August 14, 2024,was issued and conforms to all of the
requirements and conditions of the applicable provisions of law. The project
for which this certificate is being issued is for the removal and replacement in-place of existing
3'x71'fixed timber catwalk(foot bridge) with 4'x95' elevated fixed timber catwalk constructed with
open grate decking(including 12-foot incline at each end);replacement catwalk is 116' including the
terminal 12' inclined sections of catwalk at each end as per DEC requirements.
The certificate is issued to THE DANIEL DIVINEY REVOCABLE TRUST&THE SUZANNE S.
DIVINEY REVOCABLE TRUST owners of the aforesaid property.
I", wo&'W"�
Authorized Signature
Glenn Goldsmith,President �®F Sou Town Hall Annex
54375 Route 25
A. Nicholas Krupski,Vice President ,`®� ®�®
P.O.Box 1179
Eric Sepenoski 1�[ Southold, New York 11971
Liz Gillooly Telephone(631) 765-1892
Elizabeth Peeples ® ,® Fax(631) 765-6641
cou ,�
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
October 21, 2024
r,
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 following action was taken by the Southold Town Board of Trustees at their Regular
Meeting held on Wednesday, October 16, 2024:
RESOLVED, that the Southold Town Board of Trustees APPROVE the Administrative
Amendment to Wetland Permit #10620, as issued August 14, 2024, to increase the
length of the approved replacement catwalk to 116', including the terminal 12' inclined
sections of catwalk at each end, as per DEC requirements; and as depicted on the site
plan prepared by En-Consultants, received on September 11, 2024, and stamped
approved on October 16, 2024.
Any other activity within 100' of the wetland boundary requires a permit from this office.
This is not a determination from any other agency.
If you have any questions, please call our office at (631) 765-1892.
Sincerely
Glenn Goldsmith, President
Board of Trustees
S1.Agnes a I•aA%400
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W Cleves Pt
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oEX. DWELLING FOUNDATION a
SEP 1 1 2024
to
a 1. w
,y Z SCTM 1000-43-5-8 o t -
x Southold Town
4' x 12' INCLINE SECTION Board of Trustees
PROP. 4' x f116' EL VATED FIXED TIMBER CATWALK (INCLUDING
.,\ N (2) 12' INCLINED SE TIONS) IN PLACE OF EX. 3' x +71' CATWALK
0
Hdf •� --
_ >m Y- - APPROVE® E'e'
_GULL p - ;_BOARD, OF 1 RUSTEES
+, rToN op°ND
INLET TOWN OF. SOUTH0ID
6124, 11z#.— — — — DATE O L i die r
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O
a4' x 12' INCLINED SECTI N \\
E N - CONSULTANTS
x a SCTM 1000-43-5-23 1319 NORTH SEA RD.
SOUTHAMPTON, NY 11968
x
V 631-283-6360
x O
0
A
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x Notes;
I, Purpose;To replace&maintain existing fixed point of access
across Gull Pond Inlet(between applicants' properties)
2, natum;NAV191988
3, Plan and elevations based on hydroq-aphic survey
prepared 6y Kenneth M,Woyckuk Land 5urveyinq,PLLC,
last dated January 9,2024
w 4. Catwalk to 6e con5trucuted with open-cfate decking,
0
Z x n' pressure-treated structural timbers,and hot-dipped
W oalvanized steel hardware
ro 5. Plan and crossview diaq-ams are schematic in nature
x w and are Intended only to esta6lish project location,scope
60 trj and basic construction details for permitting purposes
N - and are not intended to serve as,or substitute for,
+' engineerinq or construction plarr,for construction purposes
x 6. Project location:400 Pay Road,Greenport;
y 5CtM No,1000-43-5-8
o
1" = 40'
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GARDINERS BAY 5H�ff I OF 2 6-15-24, 8-9-24, 9-10-24
E N - CONSULTANTS
1319 NORTH SEA RD.
SOUTHAMPTON, NY 11968
631-283-6360
5�C110N THFU FFOFO5�1? FMACMW & �MN510N OF M �VAST) F102 TIMD3 P,CATWA,K
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Southold Tovdn
Board of Trustees
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Division of Environmental Permits,Region 1
SUNY(a Stony Brook,50 Circle Road,Stony Brook,NY 11790
P.(631)444-0365 I F.(631)444-0360
www.clec.ny.gov
October 2, 2024
SUZANNE & DANIEL DIVINEY
3 PINOAK CT
HUNTINGTON STATION, NY 11746
Re: PERMIT# 1-4738-04893/00002
DIVINEY PROPERTY
400 BAY RDISCTM# 1000 -43 -6 - LOTS 8 & 23
GREENPORT, NY 11944
Dear Permittee:
In conformance with the requirements of the State Uniform Procedures Act(Article 70,
ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your
permit for the referenced activity. Please carefully read all permit conditions and special
permit conditions contained in the permit to ensure compliance during the term of the
permit. If you are unable to comply with any conditions please contact us at the above
address.
Enclosed is a permit sign which is to be conspicuously posted at the project site and
protected from the weather and a Notice of Commencement/Completion of
Construction.
Sincer ly,
---� MtL---
Thomas Kohlmann
Environmental Analyst
NEWYORK Department of
ODD�aANNIT' Environmental
Conservation
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL.CONSERVATION
Facility DEC ID 1-4738-04893 '
PERMIT
Under the Environmental Conservation Law ECL
Permittee and Facility Information
Permit Issued To: Facility:-
SUZANNE DIVINEY DIVINEY PROPERTY
3 PINOAK CT 400 BAY RDISCTM# l'000_-43 -5 -LOTS 8&
23 _
HUNTINGTON STATION,NY 11746 GREENPORT,NY 11944
DANIEL DIVINEY
3 PINOAK CT
HUNTINGTON STATION,NY 11746
Facility Location: in SOUTHOLD in SUFFOLK COUNTY
Facility Principal Reference Point: NYTM-E: 722.41 NYTM-N: 4554.144
Latitude: 41°06'29.3" Longitude: 72°21'04.5"
Project Location: 400 Bay Rd,Greenport,NY Watercourse: Gull Pond Inlet
Authorized Activity: Remove existing catwalk over inlet and replace with 4'x 116'open grate elevated
catwalk and ramps.All work shall be done in strict conformance with the attached plans stamped
"NYSDEC Approved" on 10/2/2024. (TSK)
Permit Authorizations
Tidal Wetlands-Under Article 25
Permit ID 1-4738-04893/00002
New Permit Effective Date: 10/2/2024 -Expiration Date: 10/1/2029
NYSDEC Approval
By acceptance of this permit,the permittee agrees that the permit is contingent upon strict
compliance with the ECL,all applicable regulations,and all conditions included"as part of this
permit.
Permit Administrator:LAURA F STAR, Deputy Regional Permit Administrator
Address: NYSDEC Region 1 Headquarters
SUNY @ Stony Brookj50_Circle Rd
Stony Brook,NY 11790 -3409
Authorized Signature: t „_. ". _ Date
Page 1 of 5
i
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 1-4738-04893
Permit Components
NATURAL RESOURCE PERMIT CONDITIONS
GENERAL CONDITIONS,APPLY TO ALL AUTHORIZED PERMITS
NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS
NATURAL RESOURCE PERMIT CONDITIONS -Apply to the Following
Permits: TIDAL WETLANDS
1. Conformance With Plans All activities authorized by this permit must be in strict conformance
with the approved plans submitted by the applicant or applicant's agent as part of the permit application.
Such approved plans were prepared by En-Consultants, last revised 9/10/2024.
2. Notice of Commencement At least 48 hours prior to commencement of the project, the permittee
and contractor shall sign and return the top portion of the enclosed notification form certifying that they
are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion
of project,the bottom portion of the form must also be signed and returned,along with photographs of
the completed work.
3. Post Permit Sign The permit sign enclosed with this permit shall be posted in a conspicuous
location on the worksite and adequately protected from the weather.
4. Prohibition Period for Nesting Birds To protect nesting shorebirds,including threatened and/or
endangered species,no regulated activities may occur between April 1 and August 31,inclusive, of any
calendar year.
5. No Construction Debris in Wetland or Adjacent Area Any debris or excess material from
construction of this project shall be completely removed from the adjacent area(upland)and removed to
an approved upland area for disposal. No debris is permitted in wetlands and/or protected buffer areas.
6. No Disturbance to Vegetated Tidal Wetlands There shall be no disturbance to vegetated tidal
wetlands or protected buffer areas as a result of the permitted activities.
7. Storage of]Equipment,Materials The storage of construction equipment and materials shall be
confined within the project work area and/or upland areas greater than 75 linear feet from the tidal
wetland boundary.
8. Seeding Disturbed Areas All areas of soil disturbance resulting from the approved project shall be
stabilized with appropriate vegetation(grasses, etc.) immediately following project completion or prior
to permit expiration, whichever comes first. If the project site remains inactive for more than 48 hours
or planting is impractical due to the season,then the area shall be stabilized with straw or hay mulch or
jute matting until weather conditions favor germination.
9. Catwalk Decking The decking of the catwalk shall be constructed of NYSDEC-approved fiberglass
grating to reduce shading impacts from the approved structure.
Page 2 of 5
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION gh
Facility DEC ID 1-4738-04893
10. Dock Reconstruction or Replacement DocI:reconstruction or replacement or seasonal
installation shall not involve expansion or substantial modification of existing structures or facilities.
11. No Floats This permit does not authorize the installation of floats.
12. No Permanent Structures on Dock No permanent structures shall be installed on
dock/catwalk/float without first obtaining written Department approval(permit,modification, or
amendment).
13. Docks at Property Lines Docks/catwalks/floats must not:
a. extend laterally beyond property lines,
b. interfere with navigation, or
c. interfere with other landowners riparian rights.
14. State May Order Removal or Alteration of Work If future operations by the State of New York
require an alteration in the position of the structure or work herein authorized, or if in the opinion of the
Department of Environmental Conservation it shall cause unreasonable obstruction to the free
navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the
State,or cause loss or destruction of the natural resources of the State,the owner may be ordered by the
Department to remove or alter the structural work, obstructions,or hazards caused thereby without
expense to the State, and if,upon the expiration or revocation of this permit,the structure,fill,
excavation, or other modification of the watercourse hereby authorized shall not be completed,the
owners,shall,without expense to the State, and to such extent and in such time and manner as the
Department of Environmental Conservation may require,remove all or any-portion of the uncompleted
structure or fill and restore to its former condition the navigable and flood capacity of the watercourse.
No claim shall be made against the State of New York on account of any such removal or alteration.
15. State May Require Site Restoration If upon the expiration or revocation of this permit,the
project hereby authorized has not been completed,the applicant shall,without expense to the State, and
to such extent and in such time and manner as the Department of Environmental Conservation may
lawfully require,remove all or any portion of the uncompleted structure or fill and restore the site to its
former condition. No claim shall be made against the State of New York on account of any such
removal or alteration.
16. Precautions Against Contamination of Waters All necessary precautions shall be taken to
preclude contamination of any wetland or waterway by suspended solids, sediments,fuels, solvents,
lubricants, epoxy coatings,paints, concrete, leachate or any other environmentally deleterious materials
associated with the project.
17. State Not Liable for Damage The State of New York shall in no case be liable for any damage or
injury to the structure or work herein authorized which may be caused by or result from future
operations undertaken by the State for the conservation or improvement of navigation,or for other
purposes,and no claim or right to compensation shall accrue from any such damage.
Page 3 of 5
ift
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 1-4738-04893
GENERAL CONDITIONS -AppIy to ALL Authorized Permits:
1. Facility Inspection by The Department The permitted site or facility,including relevant records,
is subject to inspection at reasonable hours and intervals by an authorized representative of the
Department of Environmental Conservation(the Department)to determine whether the permittee is
complying with this permit and the ECL. Such representative may order the work suspended pursuant
to ECL 71- 0301 and SAPA 401(3).
The permittee shall provide a person to accompany the Department's representative during an inspection
to the permit area when requested by the Department.
A copy of this permit, including all referenced maps,drawings and special conditions,must be available
for inspection by the Department at all times at the project site or facility. Failure to produce a copy of
the permit upon request by a Department representative is a violation of this permit.
2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly
provided for by the Department, issuance of this permit does not modify, supersede or rescind any order
or determination previously issued by the Department or any of the terms, conditions or requirements
contained in such order or determination.
3. Applications For Permit Renewals,Modifications or Transfers The permittee must submit a
separate written application to the Department for permit renewal,modification or transfer of this
permit. Such application must include any forms or supplemental information the Department requires.
Any renewal,modification or transfer granted by the Department must be in writing. Submission of
applications for permit renewal,modification or transfer are to be submitted to:
Regional Permit Administrator
NYSDEC Region 1 Headquarters
SUNY L Stony BrookJ50 Circle Rd
Stony Brook,NY11790-3409
4. Submission of Renewal Application The permittee must submit a renewal application at least 30
days before permit expiration for the following permit authorizations: Tidal Wetlands.
5. Permit Modifications, Suspensions and Revocations by the Department The Department
reserves the right to exercise all available authority to modify,suspend or revoke this permit. The
grounds for modification, suspension or revocation include:
a. materially false or inaccurate statements in the permit application or supporting papers;
b. failure by the permittee to comply with any terms or conditions of the permit;
c. exceeding the scope of the project as described in the permit application;
Page 4 of 5
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 1-4738-04893
d. newly discovered material information or a material change in environmental conditions,
relevant technology or applicable law or regulations since the issuance of the existing permit;
e. noncompliance with previously issued permit conditions,orders of the commissioner,any
provisions of the Environmental Conservation Law or regulations of the Department related to
the permitted activity.
6. Permit Transfer Permits are transferrable unless specifically prohibited by statute,regulation or
another permit condition. Applications for permit transfer should be submitted prior to actual transfer of
ownership.
NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS
Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification
The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the
Department of Environmental Conservation of the State of New York,its representatives, employees,
and agents("DEC") for all claims, suits,actions, and damages,to the extent attributable to the
permittee's acts or omissions in connection with the permittee's undertaking of activities in connection
with, or operation and maintenance of,the facility or facilities authorized by the permit whether in
compliance or not in compliance with the terms and conditions of the permit. This indemnification does
not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or
intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under
Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision
under federal or state laws.
Item B: Permittee's Contractors to Comply with Permit
The permittee is responsible for informing its independent contractors,employees, agents and assigns of
their responsibility to comply with this permit, including all special conditions while acting as the
permittee's agent with respect to the permitted activities,and such persons shall be subject to the same
sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee.
Item C: Permittee Responsible for Obtaining Other Required Permits
The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of
way that may be required to carry out the activities that are authorized by this permit.
Item D: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.
Page 5 of 5
IT
WDepartment of
RK
NEW
Environmental
Conservation I
NOTICE
3
The Department of Environmental Conservation (DEC) has issued permit(s) pursuant
to the Environmental Conservation Law for work being conducted at this site. For further
information regarding the nature and extent of work approved and any Departmental
conditions on it, contact the Regional Permit Administrator listed below. Please
refer to the permit number shown when contacting the DEC.
Regional Permit Administrator
SHERRI AICHER
Permit Number: 1-4738-04893/00002
NYSDEC Region 1 Environmental Permits
50 Circle Road
Stony Brook, NY 11790-3409
Expiration Date: 10/1/2029 Email: dep.rl@dec.ny.gov
I
E
i
1
I
Note: This notice is NOT a permit
'NOTICE OF COMMENCEMENT OF CONSTRUCTION
RETURN THIS FORM TO:COMPLIANCE Or.Fax to: 631-444-0272
Marine Habitat Protection-NYSDEC E-Mail:dec.sm.R1MHP-BEH@dec.ny.gov
SUNY at Stony Brook1 . ;
50 Circle Road.
Stony Brook, NY 11790-3409
PERMIT NUMBER: EXPIRATION DATE:
PERMITTEE NAME&PROJECT ADDRESS:,
CONTRACTOR NAME&•ADDRESS:.
TELEPHONE:-
Dear DEC: ;
Pursuant to the•special conditions of.the,referenced perinit,.you are hereby hotified.thatthe authorized activity shall commence on
We certify that W6 have read the referenced permit and,approved plans and fully understand
the authorized'project'and all"permit conditions.We have inspected•the project site and can complete:fhe-project-as described in'the,
permit and as depicted on the,approved,plans. Vile can do so.in full compliance•with all plan notes and permit conditions.The,permit,
,permit,sign,and approved plans will be available at the site:forinspection,in accordance with General Condition No.:fi:. (Both, ,
;signatures requited).: .
PERMITTEE:; DATE
C0NTRACTQR:, DATE'
THIS NOTICE MUST BE SENT TO THE•ABOVE ADDRESS•AT LEAST.TWO DAYS PRIOR TO COMMENCEMENT.OF THE— ,
PROJECT AND IOR AN,Y ASSOCIATED ACTIVITIES.. FAILURE TO'RETURN THIS NOTICE,POST THE PERMIT SIGN; OR-HAVE
THE PERMI T AND;APPROVED PLANS AVAILABLE AT THE WORK SITE FOR THE DURATION OF THE PROJECT MAY SUBJECT
"THE PERMITTEE AND/OR'CONTRACTOR TO APPLICABLE SANCTIONS AND PENALTIES-FOR NON-COMPLIANCE WITH
PERMIT T CONDITIONS. ,
Cut along thielirie X :-X X ••X X. X X
NOTICE OF COMPLETION OF CONSTRUCTION '.
RETURN THIS FORM.TO:•COMPLIANCE f: `• ' ;. ;h` Or Fax to: 631-444-0272,
Marine Habitat Protection-;NYSDEC E-Mail:.dec.srri.R7MHP-BEH@dec,ny.gov
"•60 Circle Road--
Stony Brook;NY 11790-3409
r PERMIT NUMBER: 'EXPIRATION DATE:
PERMITTEE•NAME"&.PROJECT ADDRESS:...
CONTRACTOR NAME&ADDRESS:
TELEPHONE:
Pursuant to special conditions of the,referenced permit;you are hereby notified that the authorized activity was completed on
We have fully complied with the terms and conditions of the permit and approved"plans.(Both signatures
required) ,
PERMITTEE: DATE,
CONTRACTOR. DATE,
.'THIS.NOTICE,:WITH PHOTOGRAPHS OF,THE COMPLETED WORK AND/OR A COMPLETED SURVEY,AS APPROPRIATE,
MUST•BE`SENT TO`THE,ABOVE ADDRESS,W&HIN,30 DAYS OF.COMPLETION OF THE.,PROJECT.
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o I• ftrpox:fo replace&mairtam exiY'rq`xed part of access
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°° x 3. Plan and elevatans based a;tT-id�"xfzpi±:;:vveyq
\ PrePa-ed 6,Ke 4th M.U a ch,l:Lad 5,1.11q,FUC,
last dated-Jamey 9,2024
v o 7 4. Catw�k to�•cvmtr,=fed with cpen'craFe d-cd&a,
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pavan¢d seel hxdw.re
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V ;' a-d are P:tS.rded orly to--5ta LA project Ixatbn.scope
hasd bas c xr�troctla dAz:15 fy permttrnq pxpos_s
S and ae rot Intended to serve as,or wbstldhe fo-,
pf er0eertq or const uvm purr,,or carrrxtw.exposes
6. Project fa a m:400 Da.,bad,r�recnXrt:
y 5CfM W 1000-43-5 8
h
f" = 40'
MOP05F-P CATWALK MACMN-r
FOP\PANEL AN7 52AW LAVIWY
ON GULL POW fNL�1, Gt�CNPOI?t
M, 76.82' %ffOLK COUNTY, NSW YOLK
GARDINERS BAY 9rW 1 OF 2 6-1 6-9-74,9-10-24
NYSDEC
APPROVED AS PER TERMS
TANTS
AND CONDITION,9 Of= C 0 IN"S U L
PERMIT NO C*18i�13 1319 N OR,11 H S PA rya
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DAI*E SOUTHAMPT ON, ANY 1196
631-2283-6360
5ECWN THRU PWF05Fr)�PLACMNf& MN510N OF M ELMTV F102 flMMP,CATWALK
WP�R CATWALK IN PLACE a Ul5fti 71 CATWALK
60, ............ 116'
PALIN66211011 TOP VAL,21IK4"MI[9tML(Tyr.)
OPeN-6RAT MCKIN(A 611 CAP5&5TMNC4rr,5 1-12:
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EN-CONSULTANTS
VS
C E�- September 10, 2024
�
Glenn Goldsmith, Chairman
Board of Trustees
Town of Southold
P.O. Box 1179
Southold,NY 11971 Southold Town
Board of Trustees
Re: Wetlands Permit No. 10620 (Diviner), 400 Bay Road, Greenuort, 1000-43-5-8 & 23
Dear Mr. Goldsmith:
Subsequent to the Board's issuance of the above captioned Wetlands Permit on August 14, 2024,
the New York State Department of Environmental Conservation required as a condition of approval
that the length of the replacement catwalk/foot bridge be increased enough in both directions so that
the level, elevated section of catwalk extends to the tidal wetlands boundary at the west end of the
structure and to the easterly limit of the densely vegetated high marsh at the east end of the
structure. To satisfy this condition, it was necessary to increase the overall length of the
replacement catwalk to 116 feet, including the terminal 12-foot inclined sections of catwalk at each
end, in lieu of the originally proposed 95 feet.
We are therefore writing to request that the Town Wetlands Permit be administratively amended to
authorize the 116-foot length, as depicted on the project plan prepared by En-Consultants, last dated
September 10, 2024,three (3) copies of which are enclosed with the application for amendment.
Should you have any questions or require any additional information in support of our request,
please let me know.
Respect y yours,
Robert E. Herrmann
Coastal Management Specialist
Enclosures
N
1319 North Sea Road Southampton,New York 11968 p 631.283.6360 1 f 631.283.6136 www.enconsultants.com
environmental consulting
Glenn Goldsmith,President ��0� Town Hall Annex
SQUT,yO
54375 Route 25
A. Nicholas Krupski,Vice President O l
� A P.O.Box 1179
Eric Sepenoski b Southold,New York 11971
Liz Gillooly cn -'`— Telephone(631) 765-1892
Elizabeth Peeples Fax(631)765-6641
eOUNT`f,�
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD SEP 1 1 2024
Southold Town
Board of Trustees
LETTER OF REQUEST FOR AN AMENDMENT
DATE September 10, 2024
The Daniel Diviney Revocable Trust& PHONE 516-384-0456
OWNER Th _ Sii7ann _ S niviney Revncahle Trust
ADDRESS 400 Bay Road, Greenport, NY 11944
AGENT En-Consultants PHONE 631-283-6360
ADDRESS 1319 North Sea Road, Southampton, NY 11968
PROPERTY LOCATION 400 Bay Road, Greenport
TAX MAP NO. 1000-43-5-8 &23
En-Consultants for The Daniel Diviney Revocable TrustAdministrative
I/We &The Suzanne S. Diviney Revocable Trust request an Amendment to Permit 4 10620
to authorize the removal and in-place replacement of the existing Tx 71' fixed timber catwalk(foot
bridge)with a 4'x 116' (instead of 4' x 95') elevated fixed timber catwalk constructed with open-grate
decking (includes 12-foot inclined sections at each end), as depicted on the project plan prepared by
En-Consultants, last dated September 10, 2024
Signed By:
Robert E. a n,Coastal Management Specialist
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.
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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
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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
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•. 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 $'' last dated January 9,2024
ux h, Catwalk to 6e construaked with open-crate decking,
x pressure-treated structural timbers,and hot-dipped
A galvanized steel hardware
5, Plan and crossview diaTams are schematic in nature
and are intended only to establish project location,scope
m and basic construction details for permittriq purposes
N and are not intended to serve as,or%65t&Ae for,
O engineering or construction plans for construction purposes
w 6. Project location:400 Pay Poad,6reenport;
u,
x c� 5CTM No.1000-45-5-8
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MANHANSET AVENUE
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108.15 RICHARD&JANE ROHMAN
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LAND N/F OF i
I RICHARD&JANE ROHMAN
UPDATE 1/9/24
FOUNDATION LOCATION 12/11/23
THE WATER SUPPLY, WELLS, DRYWELLS AND CESSPOOL
LOCA71ONS SHOWN ARE FROM FIELD OBSERVATIONS ZONE AE EL 6
AND OR DATA OBTAINED FROM OTHERS FEMA MAP#36103CO176H EFFECTIVE 09/25/2009
AREA: ELEVATON DATUM: NAVDSS
UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A WOLA77ON OF SEC77ON 2209 OF THE NEW YORK STA7E EDUCATION LAW. COPIES OF THIS SURVEY
MAP NOT BEARING THE LAND SURVEYORS EMBOSSED SEAL ,SHALL NOT BE CONSIDERED 70 BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN
ONLY 70 THE PERSON FOR WHOM THE SURVEY/S PREPARED AND ON HIS BEHALF TO THE 717LE COMPANY, GOVERNMENTAL AGENCY AND LENDING INS77TU770N
LISTED HEREON, AND 70 THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE.
THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES 70 THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE
NOT IN70VDED 70 MONUMENT THE PROPERTY LINES OR 70 GUIDE THE ERECTION OF FFVCE$ 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
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Figure 1. Looking east at westerly end of existing catwalk to be replaced in-place and extended 12 feet to west.
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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.
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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.
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COUNTY OF SU LK'r_" N 'A' ti ,w,.,,r,
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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
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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
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ti �.�t.♦ _ •6` i� \ 7'A 'mil' �t ''•" +.n• �'�
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,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
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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
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aeue same w s:arr i NEW RESIDENCE
RES7TtDNENCE �
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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
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-,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
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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
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PS Form 3811 r July 2020 PSN 7530-02-000-9053 `ipo,#ie&tij;Return Receipt
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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,
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❑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
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PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt
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.,� 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
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Ronkonkoma,NY 11779 ertified Mail® Delivery
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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
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SI ture '
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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
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Domestic Return Receipt
PS Form 3811,July 2020 PSN 7530-02-000-9053
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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_,
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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�
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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