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Home My WebLink AboutTR-6249Albert J. Krupski, President James King, Vice-President Artie Fester Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1st day of construction ½ constructed Project complete, compliance inspection. Board Of $outhold 'Town Trustees SOUTHOLD, NEW YORK PERmiT NO. DATE: ov. 6, 2°05 ISSUED TO ......... .~ .?.~..?.~.~...~..o..~...~.~.?....,~ ~-~g..~ ~ ~...o,,~-. ,,~ .~.~p..L...c,~ ........................ , ntl r riz tti n Pursuant fo f~ provisions of Chapter 615 of ~e ~ws of the. SIa~ of New YorE, 1893; and ~apter ~ of fha ~ of +fie - Slate of New Yore 1952= and fha Soufhold To~n Ordman~ e~- fffled .'~E~U~TIN~ AND .~E..P~ClN~. OF IN AND ON TOWN WATERS AND PUBLIC ~NDS REMOVAL OF SAND, ~RAVEL-OR OTHER ~NDS .UNDER TOWN WA~RS;~L end m a~dan~ wl{h 'fha Resol~ion of ~e Board adopted afa meeting held on ...~.~.~...~, .... ?q~...'.., and Jn conslderafion of the sum of $~.~.~.,_~.~. .......... paid by ............. ?.~.~.~ ~..~?.~...~.~ ~.~.~.~.[~ ,~ ~..~.~....C.o. ...................................... .~ .......... .~ ........ of ....~e~...su~e[~ ............................................. N. Y. and subject fo ~he Terms end ~ndiflo,s lisfed on the reve~ side ~r~f of ~ufhdd Town Tr~ees authorizes and permlh We~and Pe~it to m~ns~u~ 151' of existing timber bulkhead in pla~ si~ated along the no,hem Shoreline, subje~ pmpe~, extend ~e wes~m te~nus of the bulkhead by 10' and extend the eastern te~inus of ~e bulkhead by 6', bo~ ~th vinyi shea~ing ~th the ~ndition there be no tud landward of ~e bulkhead, and all as I aepicted on ~e plan drown by Suffolk Environmental Consulting, Inc. dated De.tuber ~3, 2005. aE:in accordance ~lh Jhe defai~d sp~ffi~fions IN WITN~S WHEKE~, ~e said Board Of Tmdees ~re- by ~u~s ifs ~r~rafe Seal ~o be a~xed, an~ ~ese p[esen~ fo ~ *u~ed by a:,maj~ of fha said ~ard .as of th,s data, A~ t i,e ~ost~r TERL4S and CONDITIONS Robert Fox c/o Kimogenor Pt. Co. for an ~,~_d_on 5. Tiutt rigs Permit should be ~e~l~d indefinitely, or ns lon~ ts the said eO'm_nt.rnln 'd~e stt~__.,re or project ~nvolved~ to pco-~de edden~e to a~yone eoncet~ed ~i~dofl wss od~nMly obttined. 4. That d~e work ~n~oh~d vdll be subject to d~e im~x~don and ~tov~ of ~e ~ et ks sg~nt~, ~md no~ompIbm~ with the pto~Ld, ons of d~ odgi~dng applk~doa., may be ,~-._,e_ for I~oc~tlon of thl, P,q~h by resolution of the r~td Bowel 5. ~ there ~ be no ~le interfa-enc~ ~d, m~on a~ · result o~ the w0dc Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD November 16, 2005 Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton, NY 11932 RE: ROBERT FOX CIO KIMOGENOR POINT COMPANY KIMOGENOR POINT, CUTCHOGUE SCTM# 116-6-24.1 Dear Mr. Anderson: The Board of Town Trustees took the following action during its regular meeting held on Wednesday November 16, 2005 regarding the above matter: WHEREAS, Suffolk Environmental Consulting, Inc. as agent for ROBERT FOX CIO KIMOGENOR POINT COMPANY applied to the Southold Town Trustees for a permit under the provisions of Chapter 97 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated August 29, 2005 and WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on November 16, 2005 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, WHEREAS, the structure complies with the standards set forth in Chapter 97 of the Southold Town Code, 2 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, RESOLVED, that the Board of Trustees approve the application of ROBERT FOX CIO KIMOGENOR POINT COMPANY to reconstruct 151' of existing timber bulkhead in place situated along the northern shoreline of subject property, extend the western terminus of the bulkhead by 10' and extend the eastern terminus of the bulkhead by 6', both with vinyl sheathing with the condition there be no turf landward of the bulkhead, and all as depicted on the plan drawn by Suffolk Environmental Consulting, Inc. dated December 13, 2005. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) This is not a determination from any other agency. Fees: $50.00 Very truly yours, Albert J. Krupski, Jr. President, Board of Trustees AJK/hct Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 TO: BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Please be adviSed that your application dated ~t 2. (4 (o~ reviewed by this Board at the regular meeting of I I I I ~ I o following action was taken: has been and the ( v/" ) Application Approved (see below) (~//) Application Denied (see below) (__.) Application Tabled (see below) If your application is approved as noted above, a permit fee is now due. Make check or money order payable to the Southold Town Trustees. The fee is computed below according to the schedule of rates as set forth in the instruction sheet. The following fee must be paid within 90 days or re-application fees will be necessary. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE: SIGNED: PRESIDENT, BOARD OF TRUSTEES Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD MEMO September 20, 2005 To: Board of Trustees Re: Trustee Application Robert Fox c/o Kimogenor Point Company Kimogenor Point Road, Cutchogue, SCTM# 116-6-24.1 From: Heather Cusack Environmental Technician I met with Chris Pickerell on site to look at the location of the low sill bulkhead. These are our concerns and recommendations. Project Description: Suffolk Environmental Consulting, Inc. on behalf of ROBERT FOX cio KIMOGENOR POINT CO. requests a Wetland Permit to reconstruct 151' of existing timber bulkhead situated along the northern shoreline of subject property, extend the western terminus of the bulkhead by 6' and extend the eastern terminus of the bulkhead by 6', both with vinyl sheathing. Construct an additional Iow-sill vinyl sheathing bulkhead off the northern shoreline measuring 145' and measuring 1.75' in top elevation. Deposit 100 cy. of clean fill within the section of the property directly to the north of the existing frame building to match the top elevation of the bulkhead (4.0'EL). Deposit 40-50 cy. clean fill where necessary along the landward side of the proposed Iow-sill bulkhead and the edge of the existing vegetation therein to provide a more uniform grade, and actively vegetate this area with Spartina alterniflora planted on 6" on center. Located: Kimogenor Point Rd., Cutchogue. SCTM#116-6-24.1 1. The Iow sill bulkhead as proposed will disrupt the fiddler crab habitat and the Spartina alternifiora marsh. The sheathing for the Iow sill should be moved to the east at the MLW and put in the ground to grade in order to allow full tidal flow over the marsh. 2. What elevation is the Iow sill set at? Will it be put at MLW? 3. The Iow sill bulkhead needs to be put on the hydrographic survey. 4. The proposal has pilings on either side of the Iow sill bulkhead. Check with the builder/engineer if pilings just on the outside are sufficient. 5. The Peconic Estuary Program and the Nature Conservancy recommend no further hardening of the shoreline. This proposal is in an area of healthy marsh grass and bog. The food chain depends on the peat from the bog as it breaks off and enters the estuary. While Iow sill bulkheads do allow for transport of water and materials between the marsh and the water the proper location and elevation is necessary. Also, while erosion is a natural process I didn't see erosion along this shoreline by looking at aerial photographs from the past 3 years. There is very little to no wave action or energy in this protected area and not enough fetch to be causing erosion. 6. Specify on the Permit No CCA. 7. No fill behind the Iow sill bulkhead. 8. The plans/survey should indicate the locations of Spartina alterniflora (Saltwater Cordgrass), Spartina patens (saltmeadow Cordgrass), and Distichlis spicata (Spikegrass) landward of the existing bulkhead and the location of a non turf buffer landward of the proposed reconstructed bulkhead; and limit the amount of fill placed behind the bulkhead. 9. Document with photographs the location of all of the existing marsh before construction. Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Board of Trustees Field Inspection Date q /~OI 0 ~ Address ~ ~ h..~O ~.~,~ r. /9~, Owner Town Hall 53095 Route 25 P.O. BOX 1179 Southo]d, New York 11971-0959 Telephone (631) 766-1892 SCTM# Inspected by Findings Photos taken Telephone (631) 765-1892 Town Hall 53095 Route 25 P.O, Box 1179 Southold, New York 11971-0959 CONSERVATION ADVISORY COUNCIL TOWN OF SOUTHOLD At the meeting of the Southold Town Conservation Advisory Council held Wed., September 14, 2005, the following recommendation was made: Moved by Jack McGreevy, seconded by Tom Schlichter, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL of the Wetland Permit application of ROBERT FOX cio KIMOGENOR POINT CO. to reconstruct 151' of existing timber bulkhead situated along the northern shoreline of subject property, extend the western terminus of the bulkhead by 6' and extend the eastern terminus of the bulkhead by 6', both with vinyl sheathing and recommends DISAPPROVAL of the application to construct an additional Iow-sill vinyl sheathing bulkhead off the northern shoreline measuring 145' and measuring 1.75' in top elevation. Deposit 100 cy. of clean fill within the section of the property directly to the north of the existing frame building to match the top elevation of the bulkhead (4,0'EL). Depoit 40-50 cy. clean fill where necessary along the landward side of the proposed Iow-sill bulkhead and the edge of the existing vegetation therein to provide a more uniform grade, and actively vegetate this area with Spartina alterniflora planted on 6" on center. Located: Kimogenor Point Rd., Cutchogue. SCTM#116-6-24.1 The CAC recommends Approval of the application with the exception of the additional Iow-sill bulkhead and deposit of clean fill behind the proposed bulkhead. Vote of Council: Ayes: All Motion Carried to be Situate: Kimogenor Point Road; Cutchogue; Town of Southold, NY SCTM #: 1000- 116 -06 -024.1 (Photo taken on June 23, 2005) oto InaJcarlng the landward terminus of the proposed bulkhead extension (10.0') off the terminus of the existing of subject p operty, factng northwest. Situate: Kimogenor Point Road; Cutchogue; Town of Southold, NY SCTM #: 1000- 116 -06-024.1 (Photo taken on June 23. 2005) Photo indicating the landward terminus of the proposed bulkhead extension (10.0') off theterminus of the existing Photo taken from the western/central section of subject property, facing northeast. Situate: Kimogenor Point Road; Cutchogue; Town of Southold, NY SCTM #: 1000 - 116 -06 -024.1 (Photo tal<en on June 23. 2005) terminus of the staking approximating the landward (6.0') off the bulkhead (eastern end). Photo taken southeast. S~tuate. K~mogenor Point Road; Cutchogue; TOwn of Southold, NY SCTM #: 1000 - 116 -06 -024.1 (Photo tal<en on June 23, 2005) (6.) off the terminus of the existing bulkhead (eastern end), Photo taken from the astern/central sechon of subject property, facing northeast. own of Southold, NY SCTM #: 1000- 116-06 -024.1 {Photo tal<en on June 23. 2005) the proposed Iow-profile bulkhead from the southeastern section of subject property, facing east. Situate: Kimogenor Point ROad; Cutchogue; Town of Southold, NY SC;TM #: 1000- 116 -06 -024.1 (Photo taken on June 23, 2005) southwestern Photo taken of subject property, facing south. SCTM #: 1000 - 116 -06 -024.1 {Photo taken on June 23, 2005) Photo ~nd~cafing the staking approximating the southwestern corner of the proposed Iow.profile bulkhead. Photo taken from the southeastern section of subject property, facing southeast. Situate: Kimogenor Point Road; Cutchogue; Town of Southold, NY SCTM #: 1000- 116 -06 -024.1 (Photo tak, en on June 23, 2005) facing north. o subject property, Situate: Kimogenor Point Road; Cutchogue; Town of Southold, NY SCTM #: 1000 - 116 - 06 - 024.1 (Photo taken on June 23, 2005) -profile Photo taken from the eastern shoreline of subject property, facing north. Situate: Kimogenor Point Road; Cufchogue; Town of Southold, NY SCTM #: (Photo taken on June 23, 2005) the eastern bend of the eastern section of subject property, facing east. Situate: KImogenor Point Road, Cutchogue; Town of Southold, NY SCTM #: 1000 - 116 -06 -024.1 (Photo taken on June 23, 2005) eline of subject south. Situate: Kimogenor Point Road; Cutchogue; Town of Southold, NY SCTM #: 1000 - 116 - 06 - 024.1 ~Photo tat(en on June 23, 2005) Situate: Kimogenor Point Road: CUtChogue; Town of Southold, NY (Photo taken on June 23, 2005) 11.0~ +Y- ~ Il.O' +/- SOUTI-I El .EWATION VIEW EXISTING CONDITIONS PROPO$1~D B~ RnI~AC~ ,S~I~ LO" = LO'± KIMOGENOR POINT COMPANY ProperS/ Pmpose~[ Bulkhead Recons~mc~fon/Ex~ension New Suffolk~ Town of~o~thold, New York DAT~ Suffolk Environmental Consulting, Phone: (631) 537- 5t60 Fax: (631) 537 - 5198 SOUTH Pi.W~rATION VIEW PROPOSED CONDITIONS PROPOSED BLn_2Q-IFc~D RI3~LACEMENT Sc~. t0' = 1.0' + CROSS-SECIlONAL VIEW ottl~ EXISTING CONDITIONS PROPOSED B~ RI~LA~ Scal~ l.O" = ~2.0' + CROSS--SECT ONAL PROPOSFD CONDrrlONS PROPOsi:D B~ ~C.[5MENT Scale: 1.0" = '2.0' + PROJECT NARRATIVe. Applicant proposes to replace the 151.0' + of the existin~ timber bulkhead situated alon~ the northern shoreline of sul)ject prope~9 ~d WEST CREEK h~ wholl~ remo~n6 the e~sti~ exte~ p~in~s, t~e e~stin~ timer w~ers an~ the e~s~i~ ti~er sheat~n6, ~d replacin~ ("m-p]aco/m-~i~d') ~th ~ngl sheathin& ti~er wMers and ti~er p~in~s (u~ilizin~ the e~stin6 pdin~s where ~ssihle). In addition, applicant proposes to extend the western terminus of the ]~ullchead ]~9 ten feet (10.0) _, and extend the eastern terminus of the bulkhead hU six feet (6.0) _, both utihzin~ ring! sheathin8. Fi.o]hj, applicant proposes to deposit clean fill (100.0 cubic §ards +) within the section of properfg dimctl9 to the north of the existin~ ~rmne ]~uildin6 to match the top elevation of the l~ulkhead (4.0' EL). Fill to Distained from an upland source. AHW & ALW at BULKHEAD AREA of' PROPOSED FILL (to 4.0' EL) PLANS to: KIMOGENOR POINT COMPANY Property Proposed Bulkhe~d Recon~ructIon/Exten$ion DATE: SCALE~ DRAWN BY: COMMENTSi Suffolk Environmental Consulting, Inc. Phone: (631) 5~1 - 5t60 Fax: {63~) 537- 6198 MATERIAL SPECIFICATIONS: LOW WATER (ALW) at BULKHEAD DOCK HIGH WATER (AHW) (Ma' °t°t Co. TIMBER WALK FRAME BUILDING h \ '\ EDGE of MARSH ~ t~z SUFFOLK ENVIRONMENTAL *~-- k~ CONSULTING, lNG, on April 30, 2005 / / HIGH WATER (AHW) / ~, r"~._' (May 2005) EDGE of MARS LOW WATER (ALW)'-- TIMBER BULKHEAD -- R VISPD PROJ CTDESCRItqIONcoac rai ](d rO OR/ O/ /']'COJl P Applicafion Si[u~te.' Kimo~enor Point Ro~ Cutc~o~u~ Tow~ of Sout~olcL ~ SCTM 4e: I000 - 116 - 06 - 0~4.1 Applicant proposes to replace the 1DI.O' + of the existing timer bulkhead situated along the northern shoreline ol subject propemj and WEST CREEK by wholl~ removin~ the existin8 external pilings, the existing titular walers and the existing timJ0er sheathing, and replacin6 ("in-place / in-kind") with vintll sheathing, tim]~r walers and timber pilings (utilizing the existing pilings where possible). In addition, applicant proposes to extend the western terminus of the bulkhead btj ten feet (10.0') _+, and extend the western terminus o~ the '+ bulkhead by six feet (0.0) _, both utilizing vinyl sheathing. Finally, applicant proposes to deposit clean lill (100.0 cubic uards +) within the section of property directly to the north ot the existing frame building to match the top elevation ot the bulkhead (4.0' 1:,[,). Pill to be obtained from an upland source. MATERIAL SPECIFICATIONS PROPOSOSED REPLACEMENT BULKHEAD: SHEATHING: PILINGS: DEADMEN: [AY-LOG: WALER: TOP CAP: BOLTS/FASTENERS: TIE-RODS: Vinyl; 9.0' D X 24.0# W x 18.0' L; Shoreguard-9000 (interlocking) Timber; 10.0" · x 20,0' L (typical) Timber; 10.0" · x 8.0' L Timber; 10.0' · x 8.0' L Timber; 6.0" x 6.0" Timber; 2.0" x 12.0" Galvanized Steel; %" · Polymer-encased Steel; 16' L x 1" · Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 53%5160 Fax: (631) 537-5291 Bruce Anderson, M.S., President December 14, 2005 Mr. Albert J. Kmpski, President Board of Trustees Town Hall P.O. Box 1179 Southold, NY 11971 Re: Situate: SCTM #: ! DEC 1 6 2OO5 KIMOGENOR POINT COMPANY Property Kimogenor Point Road (western end) Cutchogue; Town of Southold, New York 1000- 116 - 06 - p/o 024.1 Dear Mr. Krupski, As per your correspondence regarding approval for the property referenced above please find: (1) Check made payable to the Town of Southold in the amount of $50.00 to cover Permit fee in connection with the property referenced above. Should you have any questions concerning this matter, please feel free to contact this office at any time. Thank you as always for your attention and consideration. Sincerely, Diane K Wassick · R Fox CC~ . PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: Town of Southold Board of Trustees From: Mark Terry, Senior Environmental Planner LWRP Coordinator Date: September 21, 2005 Re: Proposed Wetland Permit for Robert Fox/Kimogenor Point Co. Located: Kimogenor Point Rd., Cutchogue. SCTM#1000-116-6-24.1 ROBERT FOX c/o KIMOGENOR POINT CO. requests a Wetland Permit to reconstruct 151' of existing timber bulkhead situated along the northern shoreline of subject property, extend the western terminus of the bulkhead by 6' and extend the eastern terminus of the bulkhead by 6', both with vinyl sheathing. Construct an additional low-sill vinyl sheathing bulkhead offthe northern shoreline measuring 145' and measuring 1.75' in top elevation. Deposit 100 cy. of clean fill within the section of the property directly to the north of the existing fi.me building to match the top elevation of the bulkhead (4.0'EL). Deposit 40-50 cy. clean fill where necessary along the landward side of the proposed low-sill bulkhead and the edge of the existing vegetation therein to provide a more uniform grade, and actively vegetate this area with Spartina altemiflora planted on 6" on center. The action is located in West Creek a listed New York State Department of Environmental Conservation Critical Environmental Area. The detail "timber" to be used has not been identified and therefore, cannot be assessed to the LWRP policies. The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with Policy Standards 5.3, 6.1, 6.3 (A, B3, C1 and C3), 8.3 (A, B) and more specifically 11 which states: "Habitat protection and restoration must include an active program of protecting existing wetlands and preventing further loss of wetlands (and other habitat) to inappropriate bulkheading or other shoreline hardening structures" Therefore the construction of a low sill bulkhead proposal and associated filling is INCONSISTENT with the LWRP. Please consider conditions on any approvals that would make the proposed action further consistent with the above listed Policy Standards or advise the applicant of the necessary amendments to the proposed action to achieve greater consistency to the greatest extent practical. Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Albert J. Krupsld, Presidont John Holzapfel, Vice Pr~ident Jim King Martin H. Gan'ell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P. O. Box 1179 Southold, New York 1 ! 971 Telephone (631) 765-1892 Fax (631) 765-1823 Office Use only Coastal Erosion Permit Application X Wetland Permit Application Grandfather Permit Application Waiver/Amendment/Changes ~ Received Application: ~Received Fee: $ ~' -' ~-.Completed Application _~.~O~ Incomplete - SEQRA Classification: Type I Type II Unlisted Coordination: (date sent) "ZCAC Referral Sent: ~')]l:~l~ ~.Date of Inspection: ~U~]~ Receipt of CAC Report:' Lead Agency Determination: Technical Review: --~ublic Hearing Held: Resolution: Name of Applicant ROBERT Fox (c/o Kimogenor Point Company) Address 226 West Lane; Ridgefield, CT 06877 Phone Number(203) 834 - 1896 Suffolk County Tax Map Number: 1000-116-06-p/o 024.1 Property Location: Kimogenor Point Road (western end); Cutchogue AGENT: Suffolk Environmental Consulting, Inc. Address: P.O. Box 2003 .Bridgehampton, NY 11932 Phone Number: (631) 537-5160 Fax: #(631) 537-5291 Board of Trustees ApE Land Area ( in square feet) Area Zoning: Previous use of property: Intended use of property: Prior permits/approvals for site Agency GENERAL DATA : 12, 000 square feet ± Improved w/Frame Building & Decking Same w/improved erosion control structures improvements: X 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: p~0ject Description (use attachments if necessary) : PLEASE REFER to the ATTACHED PROJECT DESCRIPTION. PROJECT DESCRIPTION concerning the KIMOGENOR POINT COMPANY Application Situate: Kimogenor Point Road; Cutchogue; Town of Southold, NY SCTM #: 1000 - 116 - 06 - 024.1 Applicant proposes to reconstruct the 151.0' + of existing timber bulkhead situated along the northern shoreline of subject propmty and WEST CREEK by removing the existing external pilings seaward of the existing timber sheathing & wales; re-facing the existing bulkhead with vinyl sheathing; installing new wales and top-caps seaward of the vinyl sheathing; and installin8 new timber pilings seaward of the new bulkhead. The resultant new bulkhead will extend less than 18' seaward than the odginal bulkhead. " Applicant proposes to extend the western terminus of the bulkhead by six feet (6.0') +, and extend the eastern terminus of the bulkhead by six feet (6.0') ±, both with vinyl sheathing. Applicant proposes to construct an additional Iow-sill vinyl sheathing bulkhead off the northeastern shoreline of subject property, rneasurin8 145.0' ± in overall length, and measuring 1.75' in top elevation to allow for tidal inundation during the daily high tide cycles. Applicant proposes to deposit clean flu (100 cubic yards ±) within the section of property directly to the north of the existing frame building to match the top elevation of the bulkhead (4.0' EL). Fill to be obtained from an upland source. Applicant proposes to deposit clean fill (40 - 50 cubic yards ±) where necessary along the landward side of the proposed Iow-sill bulkhead and the edge of the existing vegetation therein to provide a more uniform grade. In addition, applicant proposes to actively vegetate this area with 5part]na alterniflora, planted on 6.0' o/c. MATERIAL SPECIFICATIONS PROPOSOSEDRECONSTRUCTEDBULKHEAD: SHEATHING: PILINGS: DF. ADMEN: LAY-LOGS: WALERS: WALER TIE-BLOCKS: WALER CLAMP:. TOP CAPS: BOLlS/FASTENERS: TIE-RODS: Vinyl; 9.0~ D X 24.0~ W x 18.0' Li ..~0re~,uard-9000 (interlockin~ Timber; 10.~ · x 25.0' L PROPOSOSED LOW-SILL BULKHEAD: SHEATHING: PILINGS: WALERS: WALER TIE-BLOCKS: TOP CAPS: BOLTS/FASTENERS: Vinyl; 4.5" D X 12.0" W x 8.0' 14 S/Joresuard-4$0e (interlocking) Timber; 8.0" d) x 10.0' L Timber;, 6.0" x 6.0" Timber; 6.0' x 6.0" Timber;, 2.0' x 24.0" Galvanized Steel; ~" ~) Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: PLEASE REFER to the ATTACHED PROJECT DESCRIPTION. Area of wetlands on lot: 6, 000 · square feet Percent coverage of lot: 50 · % Closest distance between nearest existing structure and upland edge of wetlands: 0.0 ± feet (existing Closest distance between nearest proposed structure and upland edge of wetlands: 0.0 ± feet (proposed decking) Does the project involve excavation or filling: No X Yes how much material will be excavated? N/A cubic If yes, yards How much material will be filled? 140-150 ± cubic yards Depth of which material will be removed: N/A or deposited: 1.0' - 3.0' Proposed slope throughout the area of operations: N/A Manner in which material will be removed or deposited: _ Typical front-end loader (i~e. BobCat) & by hand. 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): No adverse effect to the wetlands/tidal waters in that the proposal is to construct a bulkhead seaward of an existing bulkhead that has had no discernible adverse effect to the surrounding environment, and to construct a low-sill bulkhead which will be inundated twice-daily by high tides and which will actually create additional vegetated wetlands therein. Purpose of Board of Trustees Application COASTAL EROSION APPLICATION DATA N/A Proposed Activity: Are wetlands present within 75 No Yes If Yes, how much material will be excavated? How much material will be filled? feet of the proposed activity? (cubic yards) (cubic yards) Manner in which material will be removed or deposited: Describe the nature and extent of the environmental impacts reasonably anticipated resulting from the implementation of the project as proposed. (Use attachments if necessary) 4 Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOA_RD OF TRUSTEES: TOWN OF $OUTHOLD In the Matter oftbe Application of ROBERT FOX Cedo K!MOGgNOR POINT COMPANY) COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, BRUCE A. ANDERSON, residing at SUFFOLK ENVIRONMENTAl[, CONSULTING, INC. - Newman Villaee: Main St.: Brideehamnton. NY 11932 being duly sworn, depose and say: That on the 9t~ day of September, 2005, I personally posted the property known as' BAHRENBURG proper~y by placing the Board of Trustees official poster where it can easily be seen, and that I have" checked to be sure thc poster has remained in place for eight days prior to the date of the public bearing. Date of hearing noted thereon to be held Wed.. Scut. 21.2005 7 On or about 7:00 pm. Dated: September 21, 2005 Swum to before me this 21st clayS005 $ot~f~136~lic Matthew D [vans Notary Publfc of New York No. 011V6053859 Qualified in Suffolk County Commission Expires January 22, 2007 NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: ROBERT iFOX (C/O Kimogenor Point company) SCTM# 1000-116-06-024.1 YOU ARE HEREBY GIVEN NOTICE: 1. That is the intention of the undersigned to request a Permit from the Board of Trustees to: PLEASE REFER to the ATTACHED PROJECT DESCRIPTION & PLANS. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: Kimogenor Point Road (western end); Cutcho9ue; Town of Southold, NY 3. That the project which is subject to Environmental Review under Chapters 32, 37, or 97 of the Town Code is open to public comment. 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. OWNERS NAME: ROBERT FOX (c/o Kimogenor Point Company) MAILING ADDRESS: 226 West Lane; Ridgefield, CT 06877 PHONE # (203) 834 - 1896 Enc.: Copy of sketch or plan showing proposal for your convenience. PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: STATE OF NEW YORK COUNTY OF NEW YORK0 Matt D. Ivans, residing at Suffolk Environmental. Consulting, Inc.; Main Street, Bridgehampton, NY 1'1932 , being duly sworn deposes and says that on the day of 2005, 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 Bridgehampton, that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this day of , 2005 Notary Public of Trustees ApplicatiOn County of Suffolk State of New York Shawn M. Ba~on BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVE(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. SWORN BEFORE ME THIS /'~6£ a ry Public Signature Matthew D. Ivan,, Notary Public of New Yol~ No, 011V6053859 Oualified in Suf/o k County Commission Expires January 22° 2007 7 OWNER'S ENDORSEMENT (TO BE SIGNED IF APPLICANT IS NOT OWNER) STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: ~_~er' ~ ~/¢,~om~ ~,~-~.) being duly sworn, deposes and says; I reside in the~~~E/~ and the state of ~ and I am the (~wner in fee~,~ (officer of the Corporation which is owner in fee) of the prem~ in the foregoing application and that I have authorized Suffolk Environmental Consultingt Inc. to make the foregoing application as described herein. Signature Signature If Corporation, name of corporation and Officer Officer's Title Befor~ me, this ~'~day of ,2005 Notary Public Ma~ew O. Ivans Notary Public of New York No. 011V6053859 Qualified in SutJolk County Commission Expirss January 22., 14-16-4 (g/gS)-Te~t 12 PROJECT I.D. NUMBER 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Ooly SEQR PART 1- PROJECT INFORbtATION (To be completed bY Applicant or ProJect sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME Suffolk Environmental Consulting, Inc. ~IMOGENOR POINT COMPANY 3. PROJECT LOCATION: Municipalit'/ Town of Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, promi~lent landmarks, atc. cr provue map) Kimogenor Point Road (western terminus) Cutchogue; Town of Southold, New York SCTM #: 1000 - 116 - 06 - 024.1 IS PROPOSED ACTION: I~ N. D S~.nsio. DESCRIBE PROJECT BRIEFLY: [~ Modificatiou/alteration Please refer to the attached Project Description for specifications. 7~ AMOUNT OF LAND EFFECTED: Inifia~l~ < ~r~ acres Uifimale~ < 0.2 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ~;~ Resifiential []Industrial []Commercial []Agriculture []Park/Fcreat/Open space []Other Describe: Private single-family dwellings with related appurtenances, including bulkheading. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, 'NOW OR ULTIMATE~LY FROM ANY OTHER GOVERNMENT AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes []No If yes, list agency(s) and permit/apprevals Army Corps of Engineers approval; NY State Dept. of State approval; NY State Dept. of Environ. Conservation approval 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No ffyes, rm agency(s) and perrnit/appro~ats 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Y. ~ No I CERTIFY THAT THE INFORMATION PROVIDED IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/spens~ name: Ma~,~. Ivans - Suffolk Environmental Consulting, Inc. Date: 08/25/2005 Signature: ~~'~'~ ~ the action i~ in tim Coastal Area, and you am a ltate agemty, complete lite Coastal Asseesment Form before proceeding with this assessment OVER PART II- ENVIRONMENTAL ASaEESMENT ~'I'o be completsd by Agecc¥) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 6t7.'i27 use the FULL EAF. [] Yes [] Nq If yes, coordinate the renew process and B, WiLL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR'UNLISTED ACTIONS IN 6 NYCRR, PART 61%67 If No, a negative declaration may be superseded by another involved agency. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if tsgibli} C1. Existing air quality, surface or groundwater quality, noise li~ts, eatsting traffic patterns, solid waste production or disposat, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, ercheofogicel, historical or other natural or cultural resources; ar community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shetifish or wildlife species, significant habitat, or threatened or endangered species? Explain bhefly: C4. A community's existing plans or goals as officially adopted, or change in use or intensity of use of lind or natural resources? Expliin bdefly: C5. Growth, subsequent development, or reiated activities likely to be induced by the proposed action? Explain briefly: C6. Long term, short term, cumulitive, or other effects not identified in C1 -C57 E~lain briefly: C7. Other impacts (including changes in use of either quantity or type of energy)? Expliin briefly: [~. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE I=STABUSHMENT OF A CEA? ~Yes [~No D. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] NO If yes, explain briefly PART III - DETERMINATION OF SIGNIFICANCE (To be compts~M by Agency) INSTRUCTIONS: For each ach~rse effect identified abas, datermi~e whether it is substenbet, large, impmtent, or ofhenvlie significant. Each effect should be assessed in connection with its (e) sat~ng (i.e. urban or rurld); (b) probability of occurring; (c) duraben; (d) irreversibility; (e) geographic scope; and (f) magn~ude. If necessary, add attechmente or refemm=e supl~ldng materiali. Ensure tbe! asplonatkms contain sufficient detail to show that all retevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination and significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. '[] Check this b'ox if'you have ldeofJfied one or more pofentially large or significant odve~e impacts which MAY occur. Then proceed directly to the FULL FAF and/or prepare a pesitive declaration. I [] Check this bax If you have dete~nined, based on the ioferrnation and analysis above and any aupp~ling documentation, that the i proposed actien WILL NOT result in any significant adverse en~ironmentel impacts AND provide on attachments as necessary, the mesons , supporting this determination: Name of Lead Agency Print or T~ce Name of Responsible Officer Title of Responsibli Officer Signature of Preparer (if different From responsible officer) Si'gnature o~ Responsible Officer in Lead Agency Date 2 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: Stanley G. Case Andrew Mcgowan & Lois Mcgowan Tom Wickham & Ors Wickham Mcgowan Cutchogue Kimogenor Pt Co Attn: William W. Archer Kimogenor Pt Co Attn: William W. Archer Robins Island Holdings LLC Atto: Moore Capital Management P.O. Box 246 Cutchogue, NY 11935 P.O. Box 1359 Cutchogue, NY 11935 P.O. Box 928 Cutchogue, NY 11935 Personal Residence P.O. Box 1359 Cutchogue, NY 11935 29 Green Meadow Lane Huntington, NY 11743 29 Green Meadow Lane Huntington, NY 11743 1251 Ave of the Americas New York, NY 10020 STATE OF NEW YORK COUNTY OF NEW YORK0 William J. Lohn, residing at Suffolk Environmental Consulting, Inc.; Main Street, Bridgehampton, NY 11932 , being duly sworn deposes and says that on the 8th day of September 2005, 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 Bridgehampton, that said Notices were ma~l~ to each of said persons by (certified) (registered) ma~ -~ Sworn to before me this day of.~, 2005 / ~' Notary Public Return Receigt fee (Endersement Required) (Endolsement Required) Total Postage & Fees ri, $ l HUNTIN6'F~, I~y 117~ .. 2.30 I (Endorsement Required) Total Postage & Fees NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: ROBERT FOX (c/o Kimogenor Point Company) SCTM# 1000-116-06-024.1 YOU ARE HEREBY GIVEN NOTICE: 1. That is the intention of the undersigned to request a Permit from the Board of Trustees to: PLEASE REFER to the ATTACHED PROJECT DESCRIPTION & PLANS. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: Kimogenor Point Road (western end); Cutchogue; Town of Southold, NY 3. That the project which is subject to Environmental Review under Chapters 32, 37, or 97 of the Town Code is open to public comment. 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. OWNERS NAME: ROBERT FOX (c/o Kimogenor Point Company) MAILING ADDRESS: 226 West Lane; Ridgefield, CT 06877 PHONE # (203) 834 - 1896 Enc.: Copy of sketch or plan showing proposal for your convenience. PROJECT DESCRIPTION concerning the KIMOGENOR POINT COMPANY Application Situate: Kimogenor Point Road; Cutchogue; Town of Southold, NY SCTM #: 1000 - 116 - 06 - 024.1 Applicant proposes to reconstruct the 151.0' + of existing timber bulkhead situated along the nor[hem shoreline of subject proper[y and WEST CREEK by removing the existing extemal pilings seaward of the existing timber sheathing & wales; re-faring the existing bulkhead with vinyl sheathing; installing new wales and top-caps seaward of the vinyl sheathing; and installing new timber pilings seaward of the new bulkhead. The resultant new bulkhead will extend less than 18' seaward than the original bulkhead. '* Applicant proposes to extend the western terminus of the bulkhead by six feet (6.0') +, and extend the eastern terminus of the bulkhead by six feet (6.0') +, both with vinyl sheathing. Applicant proposes to construct an additional Iow-sill vinyl sheathing bulkhead off the northeastern shoreline of subject property, measuring 145.0' :1: In overall length, and measuring 1.75' in top elevation to allow for tidal inundation during the daily high tide cycles. Applicant proposes to deposit clean fill (100 cubic yards +) within the section of property directly to the north of the existing frame building to match the top elevation of the bulkhead (4.0' EL). Fill to be obtained from an upland source. Applicant proposes to deposit clean fill (40 - 50 cubic yards +) where necessary along the landward side of the proposed Iow-sill bulkhead and the edge of the existing vegetation therein to provide a more uniform grade. In addition, applicant proposes to actively vegetate this area with Spartina alterniflora, planted on 6.0' o/c. MATERIAL SPECIFICATIONS PROPOSOSED RECONSTRUCTED BULKHEAD: SHEATHING: PILINGS: DF-ADMEN: LAY-LOGS: WALERS: WALER TIE-BLOCKS: WALER CLAMP: TOP CAPS: BOLTS/FASTENERS: TIE-RODS: Vinyl; 9.0,' D X 24.0' W x 18.0' L; Skore~anf -9000 Timber; 10.0' · x 25.0' L Timber; 10.0' q~ x IL0' L Timber; 10.0' · x 8.0' L Timber; 6.0, x 6.0' Timber; 6.0' x 6.0' Timber; 6.0, x 6.0, Timber; 2.0" x 12.0" Galvanized Steel; ~ q~ Polymer-enca~cl Steel; 16' L x 1' c~ PROPOSOSED LOW-SILL BULKHEAD: SHEATHING: PILINGS: WALERS: WALER TIE-BLOCKS: TOP CAPS: BOLTS/FASTENERS: intertocking) Vinyl; 4.5' D X 12.0" W x 8.0, L; Shoreguard-4$~ (interlocking) Timber; 8.0,' · x 10.0' L Timber;, 6.0' x 6.0" Timber; 6.0' x 6.0' Timber;, 2.0' x 24.0' Galvanized Steel; ~A' q~ Suffolk Environmental Consulting, Inc. (631) 537-5160 Bruce Anderson, M.S., President Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 Fax: (631) 537-5291 September 9, 2005 Mr. Albert J. Krupski, President Town Hall P.O. Box 1179 Southold, NY 11971 Re: Hearing Date: Situate: Via Regular Mail Kimogenor Point Company Application SCTM #: Souths d Town B~srd of Trus!ees September 21~, 2005 Kimogenor Point Road (western end) Cutchogue; Town of Southold, New York 1000- 116-06-p/o024.1 Dear Mr. Kmpski, As you may remember, this Firm represents Mr. Robert Fox, representative of Kimogenor Point Company which is seeking approval from your Board to make improvements thereon. This matter has been added to the Board of Tmstees of the Town of Southold agenda for September 21~, 2005. Therefore, in accordance with Town Code, please find enclosed herewith: 1) Signed and Notatized Affidavit of Mading; and 2) Original Certified Mailing Receipts & copies of the same; and 3) Copy of the Legal Notice that was mailed to adjacent property owners. If you have any questions regarding this matter, please feel free to contact this office at any time. Thank you in advance for your attention and consideration. William J. Lohn enc. cc: R. Fox Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson, M.S., President August 26,2005 Mr. Albert J. Krupski, President Board of Trustees Town Hall P.O. Box 1179 Southold, NY 11971 AUg 2 s 2005 Southo',d Town Board of Trustees Re: Situate: SCTM #: KIMOGENOR POINT COMPANY Property Kimogenor Point Road (western end) Cutchogue; Town of Southold, New York 1000 - 116 - 06 - p/o 024.1 Dear Mr. Krupski, This Firm represents Mr. Robert Fox, representative of Kimogenor Point Company, who is seeking all required regulatory permits to improve the erosion-control facilities thereon. In order to do so, approval from your Board is required. Enclosed herewith please find a completed Wetland Permit Application. Application contents are as follows: (1) Town of Southold Trustees Wetlands Permit Application; (2) Short Environmental Assessment Form; (3) Local Waterfront Revitalization Program Consistency Assessment Form; (4) Photographs of subject property, indicating the location of the proposed structure thereon (two [2] sets); (5) Location Map for easy reference (two [2] copies); (6) Hydrographic Survey of subject property, prepared by SEA LEVEL MAPPING, last dated May 13, 2005 (two [2] copies); and (7) Plans of subject proposal, prepared by SUFFOLK ENVIRONMENTAL CONSULTING, INC., last dated August 24, 2005 (two [2] sets). (8) Check made payable to the Town of Southold in the amotmt of $250.00 covering the requisite application fee. By way of this correspondence, and on behalf of Kimogenor Point Company, I request that you commence review of this application and schedule for the next available Board of Trustees meeting for permit issuance. Should you have any questions regarding this matter, or require additional information, please feel free to contact this office at any time. Thank you in advance for your cooperation. Sincerely, Matt D. Ivans enc. cc: R. Fox Town of Southold /~WRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 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. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the m~'lmum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, i.t 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# 116 06 p~o 024.1 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees [] 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Attach additional sheets if necessary Southold To~'n Bo:~rd of Tr~'slee:; Location of action: Site acreage: Present land use: Kimonenor Point Company (weotern end); Cutchogue~ NY 0.28 acr~ :~ Imuroved w/Frame Buildin2 & Decking Present zoning classification: Same w/imoroved erosion control structures (Le, buHtheadinn~ 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: Robert Fox ~c/o Klmoeenor P¢int CompanF) (b) Mailing address: 226 West Lane~ Ridgefield~ CT 06877 (c) Telephone number: Area Code ( 203 ) 834 - 1896 (d) Application number, if any: N/A 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? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances eemmunity character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LVe3~P Section HI - Policies; Page 2 for evaluation criteria. [] Yes [] No [] Not Applicable Subject proposal is consistent with the policy in that the siting and utilization of the improved erosion-control facilities (i.e. reconstructed bulkheading/Iow-sill bulkheading) will maintain the character of the surrounding neighborhood~ which currently consists of many similarly-improved lots with similar accessory structures (i.e. bulkheading along West Creek). In addition, subject proposal will be in harmony with the '...beneficial use ufa coastal location...' in that subject waterfront lot will be enhanced & improved by the upgrading of the existing bulkheading and the inclusion of the proposed Iow-sill bulkheading in order to control the erosion along the shoreline of said property. Accordingly, we believe that this project is consistent with this policy. 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 Policy 2 is not applicable in that subject lot and the surrounding neighborhood cannot be deemed a substantial historic and/or archaeologicaJ resources. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of SouthoM. See LWRP Section !11 - Policies Pages 5 through 7 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal will not adversely impact the visual quality of the surrounding area in that the surrounding ama is currently comprised of properties improved with similar appurtenances (i.e. bulkheadingJ of similar size and scope. Scenic resources, assumedly views of West Creek, are not at risk due to the proposed bulkheading being typical of the character of this section of waterfront~ and which apparently does not adversely effect the visual quality and scenic resources in and around the immediate ama. Accordingly, this proposal will comply with Policy 3. 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 in- Policies Pages 8 through 16 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal will fully comply with Policy 4 in that the proposed bulkheading is specifically designed to minimize and/or prevent loss of life, structures and natural mseurces from flooding and erosion. Accordingly, this proposal will comply with Policy 4.. Attach addkional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of SouthoM. See LWRP Section in - Policies Pages 16 through 21 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal is not applicable to this policy in that it will have no effect to the water quality/supply within the surrounding area, 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 in - Policies; Pages 22 through 32 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal will maintain the quality of the surrounding ecosystem in that a portion of the proposal is to reconstruct an existing bulkheading that has been situated within subject property for decades and which has not resulted in any form of adverse conditions therein, and to construct a Iow-sill bulkhead which will be inundated twice daily during high tide, and which will establish and increase the amount of vegetated tidal wetlands within subiect property. Accordingly, this proposal will comply with Policy 6. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section IH - Policies Pages 32 through 34 for evaluation criteria [] Yes [] No [] Not Applicable Subiect proposal is not applicable in that the proposal is simp!¥ to improve subiect property with a dock assembly .. which will not result in any form of adverse effects to air quality. Accord!ngly, this proposal is not applicable with ~his poi icy. Attach additional she~s if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. Sec LWRP Section IH - Policies; Pages 34 through 38 for evaluation criteria. [] Yes [] No [] Not Applicable Subject proposal is not applicable in that the proposal does not involve disposal and/or transportation of solid wast% hazardous wast% toxic pollutants, petroleum products. Attach additional sheets ffnecessary PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, cosmtal 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 Subject propgsal is not applicable to this policy in that the proposal is attendant to a private prope~y. RegardlesU this project wilt not impede any access to the surface waters in and around subject property and/or become detrimental to the recreational use of the surrounding resources. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Soutkold's water=dependent uses and promote siting of new water-dependence uses in suitable locations. See LWRP Section III - Policies; Pnges 47 through 56 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal is applicable in that a water~ependent use (i.e. water recreation) is being maintained and protected by the proposal for improved and additional bulkheading within subiect property. Accordingly, this proposal will comply with Policy 10. 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 Subiect proposal is not applicable in that the proposal does not involve any form of marine resource management (i.e. commercial fisheriesr recreational fisheriest aquaculture, etc...). Attach addiiional sheets ifnecessa~J 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 Subject proposal .i~ not applicable in that the proposal does not involve agricultural lands (i.e. the conversion of farmland, the establishment and/or maintenance of new coastal agricultural production, etc...) Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section IH - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [] No [] Not Applicable Subject proposal is not applicable in that the proposal does not involve the conservation of energy resources on a commercial level and/or the promotion of alternative energy sources, proper maintenance of fuel storage facilities and/or the extraction of mineral extraction Attach additional sheets ifneeessary Created on 5/25/05 11:20 .dM