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HomeMy WebLinkAboutTR-6729 • V SOpjyo SCOTT A. RUSSELL JL Town Hall, 53095 Route 25 SUPERVISOR H P.O. Box 1179 • @ Southold, New York 11971-0959 O Fax (631) 765-1823 ~y4,'0UNT1,` Telephone (631) 765-1889 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD January 14, 2008 tlo New York State Department of State Division of Coastal Resources 41 State Street JAN 1 8 2008 Albany, NY 12231-0001 Attention: Ms. Rebecca Madlin Coastal Resources Specialist Consistency Review Unit Re: F-2007-0816/DEC #1-4738-03750/00003 Estate of Helen Case/SCTM #1000-116-6-21.1 Dear Ms. Madlin: I write on behalf of the Town Board of the Town of Southold with respect to the application referenced above. Please consider this comment as one in favor of the proposed application, which has already received permits from the DEC and the Southold Trustees. The Town Board is very concerned regarding the Department of State's apparent intent to render an inconsistent determination based upon the Southold LWRP, which would conflict with the LWRP determination made by the Town of Southold Board of Trustees. In this matter, pursuant to Chapter 268 of the Town Code, Waterfront Consistency Review, the Town of Southold LWRP Coordinator, Mark Terry, made a recommendation to the Trustees that the "proposed action is exempt from review" under Chapter 268, qualifying as an Exempt Minor Action as a replacement, rehabilitation or reconstruction in kind. The Trustees adopted that recommendation in granting a permit for a 51' groin, as opposed to the 73' groin the applicant originally proposed. As you may be aware, the adoption of Chapter 268, Waterfront Consistency Review, was a requirement of the Department of State's approval of the Town's LWRP, Ms. Rebecca Medlin • January 14, 2008 Page 2 the DOS approved that Chapter and the Town's LWRP incorporates that Chapter. As such, if a matter is determined to be exempt from review pursuant to Chapter 268, the review under the Town's LWRP ends there. As you also may be aware, the LW RP was pitched to the Town as affording home rule to the Town on matters relating to its coastline. It is contrary to the intent and letter of this coastal review paradigm to provide such home rule to the Town, only for the DOS to substitute its judgment for that of the Town, and to ignore the very Chapter of the Town Code that the DOS insisted the Town adopt. As stated above, please consider this letter as one in favor of the proposed action, and as an objection to the DOS usurping the Town's role in implementing its own LW RP. Very truly y urs, cott A. Russell Supervisor SAR/lk cc: Members of the Town Board Members of the Board of Trustees Patricia A. Finnegan, Esq., Town Attorney Mr. Mark Terry, LWRP Coordinator Awl 7A\ 1319 Nort h Sea Road M Southampton, New York 11968 631-283-6360 Fax: nconsult nt com EN-CONSULTANTS, INC. wwwe ENVIRONMENTAL CONSULTING October 29, 2007 Rebecca Madlin Division of Coastal Resources New York State Dept. of State 41 State Street Albany, NY 12231 J A',d - 1 S Re: Estate of Helen Case, #F.2007-0816 Dear Ms. Madlin: - In response to your letter to Roy Haje dated 24 October 2007, I note that while you correctly acknowledge that the proposed work is exempt from review by the Town's Local Waterfront Revitalization Program (LWRP), you proceed to articulate objections to our consistency certification predicated not upon the New York State Coastal Management Program but upon the Town's LWRP. Please consider the below response to your comments. Your letter asserts that the Town's LWRP requires that the "construction of such structures more than 50% damaged be avoided" after alluding to the LWRP's statement that erosion control structures are the cause of much erosion along the Peconic Estuary Shoreline. Contrary to your apparent interpretation, however, Section 4.1(A)(2) refers not to a 50% physical loss of erosion control structures such as groins but rather to a 50% loss in value of structures "other than [those] that are part of a water-dependent use." That is, this policy subsection targets for permanent elimination or relocation not the erosion control structures whose very purpose is to prevent flooding and erosion but the substantially damaged residential structures that would remain at continued risk due to erosion and flooding if maintained. (Whereas the stated management initiative of Section 4.1(A) is to "minimize potential loss and damage [of human life and structures] by locating development and structures away from flooding and erosion hazards," erosion control structures are of course placed only in flooding and erosion hazard areas). With respect to the broader management initiative of Section 4.1 to minimize losses of human life and structures from flooding and erosion hazards, it is for this very purpose that the groin is proposed to be replaced. Specifically, the subject groin represents the terminal groin of a small groin field that has historically stabilized this stretch of shoreline and protected the preexisting developments located behind it. Much of the loss of this structure occurred avulsively during the April 2007 Nor'easter and without its replacement, much of the protective beach in front of the preexisting dwelling would be lost to accelerated erosion, thus placing the dwelling in imminent danger of being damaged or lost to flooding. The fact that this structure remained functional until the time it was substantially storm-damaged is evidenced by the stable beachfront in front of the dwelling and disparity in dry beach width on the updrift and downdrift sides of the groin, as depicted on the survey and aerial photograph enclosed herewith. r The project design is further consistent with LW" Sections 4.1(B) and Section 4.1(C) insofar as the project incorporates the vegetative, nonstructural measure of renourishing and revegetating the existing, naturally protective berm in front of the dwelling that was badly eroded and scoured by the same storm event that damaged the groin. However, because this nonstructural measure alone would not be adequate in protecting the preexisting principal structure and this structure cannot be relocated out of a hazard area, reconstruction of the groin is essential to protecting this principal use. So that the proposed structural design is of the minimum scale necessary and ensures that downdrift impacts are minimized, however, only the previously functional 51 feet of the originally constructed 73' groin will be replaced; the new groin will be constructed of vinyl rather than treated timber; and the groin will be constructed with a low- profile design to ensure that littorally transported sand will be allowed to pass over the top of the groin and nourish the downdrift beach after the beach width remains stabilized. It is for these reasons that the project is further consistent with Section 4.1(D) and for these reasons that the Town's Board of Trustees issued a Town Wetlands Permit (copy enclosed) and the New York State Department of Environmental Conservation issued a Tidal Wetlands Permit (copy enclosed) for the proposed groin reconstruction. In light of the above considerations and the Town's determination pursuant to its locally adopted LWRP and Town Wetlands Law that the project consists not of new construction but of the permissible replacement of a previously existing and functional structure, your Department's consistency review should itself be consistent with the Town's findings and with other recent concurrences issued in the Town of Southold, both for the reconstruction of preexisting groin structures (F-2006-1105, F-2007-0200, F-2007-0296) and for the reconstruction of erosion control structures that were previously functioning but avulsively and substantially damaged by the April 2007 Nor'easter (F-2007-0571, F-2007-0572). Therefore, I encourage you to reconsider your preliminary objections to our consistency certification and issue a consistency concurrence for the project. Should you have any further questions or wish to discuss the matter, please do not hesitate to contact me directly at your earliest convenience. Resp tfully yours, Robert . Herrmann Coastal Management Specialist cc: Jeff Zappieri, Supervisor Ernest Case David Olsen, Esq. 4A u a :~FT{MV STATE OF NEW YORK DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231-0001 ELIOT SPITZER LORRAINE A. CORT6S-VAZQUEZ GOVERNOR SECRETARY OF STATE December 4, 2007 Mr. Roy L. Haje En-Consultants, Inc. 1319 North Sea Road Southampton, NY 11968 Re: F-2007-0816 U.S. Army Corps of Engineers/ NY District Permit Application DEC # 1-4738-03750/00003 Estate of Helen Case- construct 51 LF of vinyl, low-profi le groin. Renourish & revegetate storm-eroded berm w/approx. 50cy sand & planted with beach grass (12" on center). Peconic Bay, Town of Southold, Suffolk County Status of Consistency Review Dear Mr. Haje: The Department of State is required to notify you of the status of our review of this project for its consistency with the New York State Coastal Management Program if a decision has not been issued within three months following commencement of our consistency review. We cannot complete our consistency review for this project until the Public Notice issued by the Department of State has expired and comments, if any, are received. As previously indicated in our letter dated October 24, 2007 (see enclosed), the proposed groin reconstruction appears to be inconsistent with the New York State Coastal Management Program as expressed in the Town of Southold Local Waterfront Revitalization Program, and the Department intends to object to object to its reconstruction. If the Department does not concur with the consistency certification provided for this proposed activity, the consistency provisions of the federal Coastal Zone Management Act prohibit federal agency authorization of the activity, unless the Department's objection is overridden on appeal to the U.S. Secretary of Commerce. Such an appeal must be based on one or both of the grounds that the proposed activity is consistent with the objectives or purposes of the Federal Coastal Zone Management Act, or is necessary in the interest of national security. WWW. DOS. STATE. NY. US - E-MAIL'. INFO@DOS.STATE.NY.US F-2007-0816 Estate of Helen Case Page 2 To avoid the Department's objection to your consistency certification, either modify the plans to eliminate the reconstruction of the 51' groin, or withdraw your consistency certification. The Department recommend you do so before the public comment period expires on January 18, 2007 or the Department may object to your consistency certification immediately thereafter. Please contact me at (518) 474-6000 (email: rebecca.madlin a dos.state.ny.us) if you have any questions and refer to our file # F-2005-0816 if you have any questions regarding this matter. Sincerely, Rebec a Madlin Coastal Resources Specialist Consistency Review and Analysis Unit Division of Coastal Resources enclosures c: COE/ NY District - Michael Vissichelli NYSDEC/Region 1- George Hammarth Southold LWRP - Mark Terry tan 0 4 08 04:31p D. McGunnigle 631-765-8359 p.2 OFFICE LOCATION: ~~ft ~vr Sooj~.. F y O~ . MAILING ADDRESS: Town Hall Annex ® P.O. Box 1179 54375 State Route 25 iS Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) N Southold, NY . ® JO Telephone: 631 765-1938 Fax: 631 765-3136 ?lzY. ~ fYi1} LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD January 2, 2008 Diane McGunnigle 2505 Boisseau Avenue JAN - 1 2008 Southold, N.Y. 11971 Re: Foil request - Helen Case - - Dear Ms. McGunnigle: Enclosed are the notes prepared for the Board of Trustees regarding the Helen Case inspection which were sent to Rebecca Madlin at her request. Sincceprellyy, Heather Cusack Environmental Technician Jan 04 08 04:31p D. McGunnigle 631-765-8359 p.3 Estate of Helen Case -A groin retains sand on the beach; a jetty maintains a navigation channel, is longer and larger. They are both process altering structures that change the natural drift. Littoral drift at this site is west to east- The distance between groins should be 2-3 times the length of the groin. At this site the groins are too close together to properly function. The groin's seaward end should not extend beyond the surf zone. A groin at this location will starve the beach immediately to the east of sand. A groin at this location may stop sand from filling up the entrance to the creek, but it may not be long enough to do that. It may be more effective in protecting that stretch of beach to move its location to the east. The owner's property does extend to the east. The land to the east of the groin is narrow and a road runs along the beach; further loss of land here could be a problem for the road. The current groin is technically non functional, but it is partially functioning because there is still wood in the water that is trapping sand. JAN - 7 2008 E F &1C4;ul M /<eCczrc~ ; e ss," v /4,4 1131~5-0 to 4i nJ 2-bn~j /~e . alai s7- lv j ~Ycdi -"--'~'"(i~ q -fit /1J~~2 E i4s 2 S PZrzN Gl1 S //N IL~ee cz r. -ep "2 i h u i ~4S ivG 6>1el- / a- IUO2 e~ s ~e 2 s41--J- ~ v 1, IN's wes b a v~ L,L) 6-S 'k e d ouT. e^-4s L/ I D iv i C1 S ar A/J Lu ig s s T CA 2 e GT L y A.) 4 T7,9 -0 o,v4 /_~j ~ Deus a 2/s /we, h-w cr2 , f /J rLo-~, e s s ~ ~o A~ ~ .cr /J ec +t14-.L) JAN - 7 2008 'I 2 M -IZorN ~ ~jci~r/ ~-l~G~rs n1Ks ~'.~2ve~-drzs~ / 'k (JL1ov~ lnJ<Ji2rp C~ hui ~c%Pr CIZ, i rsu~-y~.e. ~ I M e ~~-•e '9-P,~' cA-~~ e,-, W r~ S ~gusT O?fc H 2- t~~ .nJ Y r M ~f ~1 r s en New'York State Department of Environmental Conservation _ Division of Environmental Permits, Region One SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790- 3409 . - Phone: (631) 444-0371 FAX: (631) 444-0360 Website: www.dec.state.ny.us Alexander B. Grannis - Commissioner October 22, 2007 Estate of Helen Case c/o Ernest Case P.O. Box 285 Cutchogue, N.Y. 11935 JAId _ 7 216b 1 Re: Permit #1-4738-03750/00001 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. 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. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. Sincerely, George W. Hammarth Permit Administrator GWH/dj Enclosure NEW FORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-03750 PERMIT Under the Environmental Conservation Law ECL Permittee and Facility Information Permit Issued To: Facility: ESTATE OF HELEN CASE ESTATE OF HELEN CASE PROPERTY C/O ERNEST CASE 13650 NEW SUFFOLK AVEISCTM # 1000-116- 6-21.1 PO BOX 285 CUTCHOGUE, NY 11935 CUTCHOGUE, NY 11935 Facility Application Contact: EN-CONSULTANTS INC 1319 NORTH SEA RD SOUTHAMPTON, NY 11968 (631) 283-6360 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Facility Principal Reference Point: NYTM-E: NYTM-N: Latitude: Longitude: Project Location: 13650 NEW SUFFOLK AVE CUTCHOGUE WATERCOURSE: PECONIC BAY Authorized Activity: Remove the remains of an existing, storm damaged wood groin and install an approximately 51 linear foot, low profile, groin in its place. Place approximately 50 cubic yards of upland-source sand to restore the berm between the house and the beach. Plant fill area with beach grass on 12 inch centers. Work shall be as shown on the attached sheets 1 of 2 and 2 of 2 drawings by En-Consultants, Inc. dated August 20, 2007 and stamped "NYSDEC Approved 10/22/07. (GWH) Permit Authorizations Tidal Wetlands - Under Article 25 Permit ID 1-4738-03750/00001 New Permit Effective Date: 10/22/2007 Expiration Date: 10/31/2012 Water Quality Certification - Under Section 401 - Clean Water Act Permit ID 1-4738-03750/00002 New Permit Effective Date: 10/22/2007 Expiration Date: 10/31/2012 Excavation & Fill in Navigable Waters - Under Article 15, Title 5 Permit ID 1-4738-03750/00003 New Permit Effective Date: 10/22/2007 Expiration Date: 10/31/2012 Page 1 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-03750 1 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: GEORGE W HAMMARTH, Deputy Regional Permit Administrator Address:/~ NYSDEC REGION 1 HEADQUARTERS !W SUNY @ STONY BROOK150 CIRCLE RD STONY BROOK, NY 11790 -3409 Authorized Signature: J'~~ry7Y Date AO/ Distribution List EN-CONSULTANTS INC Marine Habitat Protection GEORGE W HAMMARTH FILE Permit Components NATURAL RESOURCE PERMIT CONDITIONS WATER QUALITY CERTIFICATION SPECIFIC CONDITION GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: TIDAL WETLANDS; WATER QUALITY CERTIFICATION; EXCAVATION & FILL IN NAVIGABLE WATERS 1. No Interference With Navigation There shall be no unreasonable interference with navigation by the work herein authorized. 2. 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. 3. Groin Construction The authorized groin shall not exceed 18" in height over the existing grade of the downdrift beach and shall not extend seaward of apparent low water. Page 2 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-03750 4. Extent of Groin The authorized groin shall not extend beyond property lines, interfere with navigation, and/or interfere with other landowners riparian rights. 5. No Structures on Groin No permanent structures shall be installed on the authorized groin without first obtaining written department approval (permit, modification, amendment). 6. 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. 7. 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. 8. 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 50 linear feet from the tidal wetland boundary. 9. Clean Fill Only All fill shall consist of clean sand, gravel, or soil (not asphalt, slag, flyash, broken concrete or demolition debris). 10. No Beach Excavation For Fill No excavation of the beach is authorized for the purpose of obtaining fill or stone materials. 11. Seeding Disturbed Areas All areas of soil disturbance resulting from the approved project shall be stabilized as per the specifications of the approved plans 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. 12. 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. . 13. 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. 14. 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, Inc dated August 20, 2007. 15. 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 Page 3 of 6 NEVI' YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-03750 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. 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 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 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. WATER QUALITY CERTIFICATION SPECIFIC CONDITIONS 1. Water Quality Certification The NYS Department of Environmental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301, 302, 303, 306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. GENERAL CONDITIONS - Apply to ALL Authorized Permits: 771 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. Page 4 of 6 NEA' a'ORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-03750 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 @ STONY BROOK150 CIRCLE RD STONY BROOK, NY] 1790 -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, Water Quality Certification, Excavation & Fill in Navigable Waters. 5. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right 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; 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 Page 5 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-03750 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 6 of 6 t Enexs Ao I vtt uB v ~p o9s_ iC V \j\ NONrlJ FO V4,•- COUNTRY o m- a "oro. co ~O O S v I~/,° 9 o CUT Old Co.e HA, 0- v ~ Xcmogen -..r. X~a 4~~ Opp; ~ + Steps / Pt "soe. p~ 0 0- T 51TE (ACa55 VIA HOUSe = 50' A V 51 -ucf rroptkTy) FpPROx. UNIT OF °p^C• %ffdk Canty Hagstrao Map 25 ERODED ESCARPMENT + X)001 a APPROX. LIMITS Or EX. . a p.... STONE/CONCRETE RM yam FPPROX. LIMB OF TO BE RENOURISHED D - REPLANTED IS NO AHW FDA. GROIN / QW ADA. GROIN / - E ~ POFtix)N OF EK STOR11-D.SHAGED - ~ TIMBER GRON TO BE REMOVED PORTION OF EX. GROIN LM- REFVM WITH GROIN TO BE REMOVED P e c o n i s B a y PRDFILE, FRVDW. /1TIDR" ARIT Notes; ~ pU pose: Replace storm-damaged erosion control w s a stnkt+re; reransh & restore eroded berm ( ^^~SIILT G 2. VatuG: &W - i T Q N 0 RTA : , U. 3. New q'rnn to be c°nstru pe be IA (treated timber) (5tn,ct rA canpaicnts 631-283-6360 arid [ow-Profile design (top of rlew q-oNT to be set at ti+~ v ' V II EL. 5,5'PLW at lmdward end aril no holier than 18" { Pt;Op05~D IN-I'I ACS MPLPaWNf OF GrOIN above dowrdr!ft beach oracle or ± I.5'PLW at seaward end) a k. Approx. 50 cy clean Sad fill to be trucked in from AN17 ITNOLR15HWW/ ffPI MIIING OF ff PM a, nPja,d source and used to renab,sh eroded berm; Fix a F5fAt OF H~L. N CA5E ON (AWAf rerarlshed area to be plaited Cape American beach MCONIC amass. A. be"1"~l 1211 ~'C') 6AY, CUfCHOC41, 5I.lFFaK CO., NY CO 1 OF 2 8/ Zo/ ~7 5. Project location: 13650 New 5uffdk Avenue, %fff Cutcliw, 5CTM No. 1000-116-621.1 I 5~C110N 1,HPU t FOF05~b 6p01N lZMACMNT ANb [~FACH V%0UF15HMNT & I?MAN11M AAA TO ME I?ENOTISHEP & PLANTED 5c&l I " - 10, C 50 CY CLEAN 5ANI7 TO ME PLANTEP WITH A. MpEVIUGULATA C 12" O.CJ SECTION OF EX. CAVOIN 12' - 5I' LOW-PC?OFLE VINYL CAVOIN TO CON5Tt XtP TO ME MMOVEP IN PLACE OF EXI5TW6 73' JMMEI; GPOIN + I' C maK PrIoR T(y 6FOIN EL. 6" x 6" CLAMP & 5Tt?INGFP TOP OF EP017E12 18" (max.) ANW-2'-6" TOE OF EPOPEP EL, MEr;M M. 1) .1 , 10 x8' PILE5 6' VINYL 5ItATHING r'i IPI ryr Ir. i. ~t 1~ u.5 i G~ 6voU ~ ~ ~ PPOP05Ef7 IN-{'LACE ITPLACEMENf OF GPOIN F AN19 ffWOI[R5HMENf/ t?EPL"NG OF M PM FOt 11t ESTAfE OF WLEN CASE ON G<?EAf PECONIC MAY, CUTCHOGUE, SUFFOLK CO., NY j 51fET 2 OF 2 8/ 20107 ~1e1~. roes Estate of Helen Case Jay Tanski, New York Sea Grant A groin retains sand on the beach A jetty maintains a nagivation channel, is longer and larger. They are both process altering structures that change the natural drift. Littoral drift at this site is west to east. The distance between groins should be 2-3 times the length of the groin. At this site the groins are too close together to properly function. The groin's seaward end should not extend beyond the surf zone. A groin at this location will starve the beach immediately to the east of sand. A groin at this location may stop sand from filling up the entrance to the creek, but it may not be long enough to do that. It may be more effective in protecting that stretch of beach to move its location to the east. The current groin is technically non functional, but it is partially functioning because there is still wood in the water that is trapping sand. 0 0 James F. King, President OF SO(/Ty~ Town Hall Jill M. Doherty, Vice-President 53095 Route 25 P.O. A. Dickerson .O. Box 1179 Southold, New York 11971-0959 Dave Bergen Bob Ghosio, Jr. Telephone (631) 765-1892 lycOUNTY,~ Fax (631) 765-6641 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 ~S~~CHEDULE Pre-construction 5;~ e_ irnyeC7,on 1St day of construction / %constructed Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6729 DATE: SEPTEMBER 19, 2007 ISSUED TO: ESTATE OF HELEN CASE PROPERTY ADDRESS: 13650 NEW SUFFOLK AVENUE, CUTCHOGUE SCTM# 116-6-21.1 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 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 September 19, 2007, and in consideration of application fee in the sum of $250.00 paid by Estate of Helen Case 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 construct approximately 51 linear feet of low-profile, vinyl groin in-place of existing +/-73', storm-damaged timber groin, and renourish and re- vegetate storm-eroded berm in front of dwelling with approximately 50 cubic yards of clean sand to be trucked in from an approved upland source and planted with Cape American Beach Grass (12" on center), with the condition that the project be staked and the site be inspected prior to construction, and as depicted on the project plan prepared by En-Consultants, Inc., last dated August 20, 2007 and received on August 24, 2007. 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 this date. g1kFF0r.,~~ 7It James nQ - Absent Dave Bergen - Absent TERMS AND CONDITIONS The Permittee Estate of Helen Case, 13650 New Suffolk Avenue, Cutchoeue, 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 Department of Real Properties 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. James F. King, President `~QF SO(/~yO Town Hall Jill M. Doherty, Vice-President 53095 Route 25 P.O. Box 1179 Peggy A. Dickerson l~( # Southold, New York 11971-0959 Dave Bergen Bob Ghosio, Jr. Telephone (631) 765-1892 CDUNN, Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD September 19, 2007 Mr. Robert E. Herrmann En-Consultants, Inc. 1319 North Sea Road Southampton, NY 11968 RE: ESTATE OF HELEN CASE 13650 NEW SUFFOLK AVENUE, CUTCHOGUE SCTM# 116-6-21.1 Dear Mr. Herrmann: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, September 19, 2007 regarding the above matter: WHEREAS, En-Consultants, Inc. on behalf of ESTATE OF HELEN CASE 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 August 24, 2007, 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, in accordance with Chapter 268, said application was found to be Exempt from the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on September 19, 2007, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, 2 • WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approve the application of ESTATE OF HELEN CASE to construct approximately 51 linear feet of low-profile, vinyl groin in-place of existing +/-73', storm-damaged timber groin, and renourish and re-vegetate storm- eroded berm in front of dwelling with approximately 50 cubic yards of clean sand to be trucked in from an approved upland source and planted with Cape American Beach Grass (12" on center), with the condition that the project be staked and the site be inspected prior to construction, and as depicted on the project plan prepared by En- Consultants, Inc., last dated August 20, 2007 and received on August 24, 2007. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $50.00 Very truly yours, A"0'5' James F. King President, Board of Trustees JFK/eac James F. King, President ~rg SO(/Ty Town Hall Jill M. Doherty, Vice-President 53095 Route 25 Peggy A. Dickerson Box 1179 Southold, , New York k 11 11971-0959 Dave Bergen u+ ~c G • O Telephone (631) 765-1892 Bob Ghosio, Jr. Comm Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Southold Town Board of Trustees Field Inspection/Work session Report Date/Time: (A 3 - 0 -7 En-Consultants, Inc. on behalf of ESTATE OF HELEN CASE requests a Wetland Permit to construct approx. 51 linear ft. of low-profile, vinyl groin in place of existing +/-73', storm-damaged, timber groin and renourish and revegetate storm-eroded berm in front of dwelling with approx. 50 cy. of clean sand to be trucked in from and upland source and planted with Cape American Beach Grass (12" on center). Located: 13650 New Suffolk Ave., Cutchogue. SCTM#116-6-21.1 Type of area to be impacted: _Saltwatp,r Wetland -Freshwater Wetland -Sound `Bay Distance of proposed work to edge of above: P of Town Code proposed work falls under: Chapt.275 _Chapt. 111 -other Type of Application: ? Wetland-Coastal Erosion-Amendment Administrative -Emergency-Pre-Submission Violation Planning Info needed: f Modifications: Y r ~U~j L+n~ SkZfe ~O CAA Conditions: Present Were: _ Ki~g _Fl _ Doherty _P.Dickerson D. Bergen- B. Ghosio, Jr Cusack TS. Dzenkowski -Mark Terry_other Form filled out in the field by Mailed/Faxed to: Date: Environmental Technician Review 9 ~g11FF01 ,f • Donald Wilder, Chairman w Town Hall, 53095 Main Rd. Lauren Standish, Secretary r P.O. Box 1179 `g Southold, NY 11971 Telephone (631) 765-1892 Fax(631)765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Tues., September 11, 2007, the following recommendation was made: Moved by Jack McGreevy, seconded by Don Wilder, it was RESOLVED to SUPPORT the Wetland Permit application of the ESTATE OF HELEN CASE to construct approx. 51 linear ft. of low-profile, vinyl groin in place of existing +/-73', storm-damaged, timber groin and renourish and revegetate storm-eroded berm in front of dwelling with approx. 50 cy. of clean sand to be trucked in from and upland source and planted with Cape American Beach Grass (12" on center). Located: 13650 New Suffolk Ave., Cutchogue. SCTM#116-6-21.1 Inspected by: Jack McGreevy The CAC Supports the application with the Condition no CCA treated lumber is used. Vote of Council: Ayes: All Motion Carried • ESTATE OF HELEN CASE 13650 NEW SUFFOLK AVENUE CUTCHOGUE le _i- I y Figure I. Looking west at existing timber groin to be removed and replaced (in place) with low profile vinyl groin. I , ~ - _-.•=a... chi _ _ _ - _ - t Figure 2. Looking east at existing timber groin to be removed and replaced (in place) with low profile vinyl groin. ESTATE OF HELEN CASE, 13650 NEW SUFFOLK AVENUE, CUTCHOGUE 7 V;. Figure 3. Looking south over top of existing storm-damaged timber groin to be removed and replaced (in place) with low profile vinyl groin. a a AF 4,.= S .r, 2 i / Figure 4. Looking northeast at storm-eroded berm fronting dwelling to be renourished with sand and revegetated with Cape American beach grass. CASE, 13650 NEW SUFFOLK AVENUE CUTCHOGUE ESTATE OF HELEN S: Figure 5. Looking northwest at storm-eroded berm fronting dwelling to he renourished with sand and revegetated with Cape American beach grass. w-_ W i R IM" V 7- Figure 6. Looking south over one of deeply eroded cuts in berm fronting dwelling to be renourished with sand and revegetated with Cape American beach grass. r-- - p 11 "TCH ' I sz raw n uz xs.n a 1 z- ,aua ~ sae~r~ , ,m e. oo•o uzuo k - - 2.111.1 ra xxTwo ?w~ r y~°' ra ~~~o . .n ws ewm. ...t o.ssw '.3116 1 27 r 0. 1-1 n..vw iL n o. u Ti w ~ P seiia ~ ol.~o ~ r e F ~ inn ©uu \ rr s n siu n gun nin PEMNIC S/ r.o zs ~o " os a Y ex KE.1-114 2~\ D 90 5.9- - GPEpi B1r \ ~ n 4 I r C . s ep, ° xan°e COUNTY OF SUFFOLK © E,,. SWTHOLO scaiox eo e REA P,mKt, Tax Service Acemv 116 i - _ jy! r nume4r m`.neo4xr gum w N pF Ii lk OFFICE LOCATION: yQ~ MAILING ADDRESS: Town Hall Annex h O P.O. Box 1179 54375 State Route 25 J l~~ Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) N G Q Telephone: 631765-1938 Southold, NY • Fax: 631 765-3136 COUNTV,~ LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To: James King, President Town of Southold Board of Trustees ` ,r-- From: Mark Terry, Principal Planner LWRP Coordinator j Date: September 18, 2007 F Re: Request for Wetland Permit for estate of Helen Case SCTM# 116-6-21.1 ESTATE OF HELEN CASE requests a Wetland Permit to construct approx. 51 linear ft. of low-profile, vinyl groin in place of existing +/-73', stone-damaged, timber groin and renourish and revegetate storm-eroded berm in front of dwelling with approx. 50 cy. of clean sand to be trucked in from and upland source and planted with Cape American Beach Grass (12" on center). Located: 13650 New Suffolk Ave., Cutchogue. SCTM#116-6-21.1 The in-place replacement of existing low profile groin and revegetation of the beach is an exempt Minor Action and not subject to LWRP review pursuant to Chapter 268-3; Items B and E of the Town of Southold Town Code. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is exempt from review pursuant to Chapter 268-3, Exempt Minor Actions, item B and E which state: "Replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site, including upgrading buildings to meet building or fire codes, except for structures in areas designated by the Coastal Erosion Hazard Area (CEHA) law where structures may not be replaced, rehabilitated or reconstructed without a permit "Maintenance of existing landscaping or natural growth, except where threatened or endangered species of plants or animals are affected, or within significant coastal fish and wildlife habitat areas, " Albert J. Krupski, President* ~~SAFFOQ- Town Hall James King, Vice-President ~~0 OGy 53095 Route 25 Henry Smith O P.O. Box 1179 O Southold, New York 11971-0959 Artie Foster N >c Ken Poliwoda O Telephone (631) 765-1892 Fex (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only oastal Erosion Permit Application -Wetland Permit Application -Major -Minor -Waiver/Amendment/ han es eceived Application: a 07 2 qp V Received Fee:$ RDI IS C 6 U U Completed Application O D -Incomplete _SEQRA Classification: E 4 2007 Type IType II-Unlisted -Coordination: (date sent) C Referral Sent: Southh d Town ?~A Board of a ,Hate of Inspection ,-Date -Receipt of CAC Report: -Lead Agency Determination: -Technical Review: iPublic Hearing Held: -Resolution: Name of Applicant ESTATE OF HELEN CASE, C/O ERNEST CASE, EXECUTOR Address P.O. BOX 285, CUTUI-IOGUE, NY 11935 Phone Number: 631-7345178 Suffolk County Tax Map Number: 1000 - 116-6-21.1 Property Location: 13650 NEW SUFFOLK AVENUE, CUTCHOGUE (provide LILCO Pole distance to cross streets, and location) AGENT: EN-MT-SULTANPS, INC. (If applicable) Address: 1319 NORTH SEA ROAD, SOUTI-iAMPTONT, NY 11968 clvd~ Phone: 631-283-6360 n a .Board of Trustees Applic_* n GENERAL DATA Land Area (in square feet): +/-43,560 Area Zoning: R-40 Previous use of property: RESIDENTIAL Intended use of property: NO CHANGE Covenants and Restrictions: X No Yes If "Yes", please provide copy. Prior permits/approvals for site improvements: Agency Date 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): CONSTRUCT APPROXIMATELY 51 LINEAR FEET OF LOW-PROFILE, VINYL GROIN IN PLACE OF EXISTING +/-731, STORM-DAMAGED, TIMBER GROIN AND RENOURISH AND REVEGETATE STORM-ERODED BERM IN FRONT OF DWELLING WITH APPROXIMATELY 50 CUBIC YARDS OF CLEAN SAND TO BE TRUCKED IN FROM AN UPLAND SOURCE AND PLANTED WITH CAPE AMERICAN BEACH GRASS (12" ON CENTER), ALL AS DEPICTED ON THE PROJECT PLAN PREPARED BY EN-CONSULTANTS, INC. DATED AUGUST 20, 2007. 0oard of Trustees Applica On WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: REPLACEMENT OF STORM-DAMAGED GROIN AND RENOURISHMENT AND REVEGETATION OF STORM-ERODED BERM. Area of wetlands on lot: 0 square feet Percent coverage of lot: N/A % 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? No X Yes If yes, how much material will be excavated? N/A cubic yards How much material will be filled? +/-50 cubic yards Depth of which material will be removed or deposited: +/-4 feet Proposed slope throughout the area of operations: +/-1:3 Manner in which material will be removed or deposited: APPROXIMATELY 50 CUBIC YARDS FILL TO BE TRUCKED IN FROM AN UPLAND SOURCE, AND DUMPED, GRADED, AND PLANTED TO RENOURISH & REVEGETATE STORM-ERODED BERM. 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 SEEKS TO REPLACE A STORM-DAMAGED TIMBER GROIN WITH A LOW-PROFILE, VINYL GROIN IN ORDER TO MAINTAIN THE STABILIZED SHOREFRONT. THE PROJECT ALSO SEEKS TO RENOURISH AND REVEGETATE A STORM-ERODED BERM. AS THE PROJECT THEREFORE SEEKS ONLY TO RESTORE AND MAINTAIN PREEXISTING CONDITIONS, IT WILL NOT CREATE AN ADVERSE IMPACT ON THE TIDAL WATERS OF THE TOWN. 14-16-4 (2/87)-Text 2 PROJECT I.D. NUMBER 617.21 S E Q R Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1 APPLICANT/SPONSOR: ESTATE OF HELEN CASE BY 2. PROJECT NAME EN-CONSULTANTS, INC. 3 PROJECT LOCATION: Municipality CUTCHOGUE County SUFFOLK 4 PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc, or provide map) 13650 NEW SUFFOLK AVENUE, CUTCHOGUE, TOWN OF SOUTHOLD, SCTM #1000-116-6-21.1, MAP PROVIDED. 5. IS PROPOSED ACT ® New Expansion ? Modification/alteration 6 DESCRIBE PROJECT BRIEFLY: CONSTRUCT APPROXIMATELY 51 LINEAR FEET OF LOW-PROFILE, VINYL GROIN IN PLACE OF EXISTING +/-731, STORM-DAMAGED, TIMBER GROIN AND RENOURISH AND REVEGETATE STORM-ERODED BERM IN FRONT OF DWELLING WITH APPROXIMATELY 50 CUBIC YARDS OF CLEAN SAND TO BE TRUCKED IN FROM AN UPLAND SOURCE AND PLANTED WITH CAPE AMERICAN BEACH GRASS (12" ON CENTER), ALL AS DEPICTED ON THE PROJECT PLAN PREPARED BY EN-CONSULTANTS, INC. DATED AUGUST 20, 2007. 7. AMOUNT OF LAND AFFECTED Initially 1.0 acres Ultimately 1.0 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? N Residential ? Industrial ? Commercial ? Agriculture ? Park Forest/Open space ? Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? ® Yes ? N o If yes, list agency(s) and permit/approvals DEC, COE, DOS 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ?Yes ®No If yes, list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ?Yes ®N o I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name ROBERT E. RRMANN,COASTALMANAGEMENTSPECIALIST DATEAUGUST22,2007 Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 0 • James F. King, President ~~OF so~ryo Town Hall Jill M. Doherty, Vice-President 53095 Route 25 Peggy A. Dickerson l~N P.O. Box 1179 Southold, New York 11971-0959 Dave Bergen G Q Bob Ghosio, Jr. Telephone (631) 765-1892 COUNTY Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of ~'4t95------------------ COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, PL Jb wh , res being duly s~w/orn, depose and say: That on the / day of 2001,1 ersonally posted the property known as / [,SO N`., '('C o f~ by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held i 7 q. 411, ~ a cr¢T WCO PIM' Dated: (signatu Sworn to before me this /91` day of-,,~200 7 Not ublic NYILSIFPIENi WPid9 UdIInUk DW*NL NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: ESTATE OF HELEN CASE SCTM#1000- 116-6-21.1 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: CONSTRUCT (WITHIN 18" OF EXISTING BULKHEAD) APPROXIMATELY 105 LINEAR FEET OF LOW-SILL VINYL BULKHEAD AND BACKFILL WITH APPROXIMATELY 15 CUBIC YARDS CLEAN SAND TO BE TRUCKED IN FROM AN APPROVED UPLAND SOURCE. BACKFILL AREA BETWEEN NEW AND EXISTING BULKHEAD TO BE PLANTED WITH SPARTINA ALTERNIFLORA (18" ON CENTER) AND BACKFILL AREA LANDWARD OF EXISTING BULKHEAD TO BE PLANTED WITH SPARTINA PATENS (18" ON CENTER) AND BACCHARIS HALIMIFOLIA (6' ON CENTER), ALL AS DEPICTED ON THE PROJECT PLAN PREPARED BY EN-CONSULTANTS, INC., LAST DATED AUGUST 4, 2007. 2. That the property which is the subject of Environmental Review-is located adjacent to your property and is described as follows: 13650 NEW SUFFOLK AVENUE, CUTCHOGUE 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 on:SEPTEMBER19,2007(d,)6:30pm 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. ESTATE OF HELEN CASE OWNERS NAME : C/O ERNEST CASE, EXECUTOR MAILING ADDRESS: P.O. BOX 285 CUTCHOGUE, NY 11935 PHONE 631-734-5178 Enc.: Copy of sketch or plan showing proposal for your convenience. 5 • PROOF OF MAILING OF DICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: ANDREW & LOIS McGOWAN P.O. BOX 1358 CUTCHOGUE, NY 11935 TOWN OF SOUTHOLD 53095 MAIN ROAD P.O. BOX 1179 SOUTHOLD, NY 11971 SYDNEY & DEBROAH DUFTON 707 SHORE BEACH DRIVE SAINT JAMES, NY 11780 STATE OF NEW YORK COUNTY OF SUFFOLK ROBERT E. HERRMANN doing business at EN-CONSULTANTS, INC. 1319 NORTH SEA ROAD SOUTHAMPTON,NY 11968 being duly sworn, deposes and says that on the 24th day of AUGUST 20 07 , 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 addressesset opposite there 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) ;gXX k~X lglfl ) mail. ROBERT E. ERRMANN Sworn to before me this 24th COASTAL MANAGEMENT SPECIALIST day of AUGUST 2007 Notary Pub i L b Ny f Postal CERTIFIED MAILT. RECEIPT M1 (Domestic ra N to Ilt7) . rq ° Postage $ $0.41 0968 117M Certified Fee $2.65 - ° Return Receipt Fee % PosMark' C3 (Fstlomament Required) $2.155 Here Restricted Delivery Fee ° (Endorsement Required) $0.00 C3 Total Posts Town ofS,5'2hold Ze07 out M1 Sent o 53095 Main Road _ ° SEeetApCX P.O. Box 1179 M1 orPoBOxNr Southold, NY 11971 City siaie, Z. ' Postal CERTIFIED MAIL,,., RECEIPT (Domestic Insurance Coverage Provided) rq N 1• C3 Postage $ $0.41 0968 Er Certified Fee $2.65 01 M Postmark ° Return Receipt Fee Here O (Endomement Required) Restricted Delivery Fee ° (Endomement Required) $0.00 r-1 - N Total Postal $5.21 08/24/2007 ° r nr o Sydney & Debroah Dufton o sraeiA6fN 707 Shore Beach Drive r orPOSox"` Saint James NY 11780 crry, - scale, - z :rr Postal CERTIFIED MAIL~,, RECEIPT rR (Domestic rv n- ra g In 49 I s rq ° Postage $ $0.41 0%8 Ir- Certifed Fee $2.65 01 frl Pos"ark Return Receipt Fee Flom ° (Endorsement Req uiretl) $2.15 Reslrsem Delivery Fee ~ (Endorsement Required) $0.00 ' _ rq 171 Total Posts $5.21 06/24/2007 ° Andrew & Lois McGowan o enr To P.O. Box 1359 ° Siree(ApLF, r, or PO Box All Cutchogue, NY 11935 Ciiy Smre, Z :r. NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: EDMUND NASH SCTM#1000- 115-12-24 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: CONSTRUCT (WITHIN 18" OF EXISTING BULKHEAD) APPROXIMATELY 105 LINEAR FEET OF LOW-SILL VINYL BULKHEAD AND BACKFILL WITH APPROXIMATELY 15 CUBIC YARDS CLEAN SAND TO BE TRUCKED IN FROM AN APPROVED UPLAND SOURCE. BACKFILL AREA BETWEEN NEW AND EXISTING BULKHEAD TO BE PLANTED WITH SPARTINA ALTERNIFLORA (18" ON CENTER) AND BACKFILL AREA LANDWARD OF EXISTING BULKHEAD TO BE PLANTED WITH SPARTINA PATENS (18" ON CENTER) AND BACCHARIS HALIMIFOLIA (6' ON CENTER), ALL AS DEPICTED ON THE PROJECT PLAN PREPARED BY EN-CONSULTANTS, INC., LAST DATED AUGUST 4, 2007. 2. That the property which is the subject of Environmental Review-is located adjacent to your property and is described as follows: 1750 DEEP HOLE DRIVE, MATTITUCK 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 on•SEPTEMBER19,2007A6:30pm 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: EDMUND NASH MAILING ADDRESS: P.O. BOX 986 MATTITUCK, NY 11952 PHONE 631-298-4957 Enc.: Copy of sketch or plan showing proposal for your convenience. S • PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: LESLIE HEGEMAN, DOUGLAS & KELLY 98 OGDEN AVENUE MEYERS WHITE PLAINS, NY 10605 JOAN & JOHN SAWICKI P.O. BOX 602 LAUREL, NY 11948 CONCETTA & MICHELE VIVIANI P.O. BOX 1207 MATTITUCK, NY 11952 HUDSON HAGGLUND 1725 DEEP HOLE DRIVE MATTITUCK, NY 11952 STATE OF NEW YORK COUNTY OF SUFFOLK ROBERT E.HERRMANN doing business at EN-CONSULTANTS, INC. 1319 NORTH SEA ROAD SOUTHAMPTON,NY 11968 being duly sworn, deposes and says that on the 24th day of AUGUST ,20 07 , 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 there 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) $X9X1t3EJf3C~C~A9 ) mail. ROBERT RRMANN Sworn to before me this 24th COASTAL MANAGEMENT SPECIALIST day of AUGUST 2007 k ~j T Notary Pu lic ruxs~~s NchryPtOo-SI~ IIWWk CW* tkS71911 d~wotE>pMa IIII 1 i U.S. Postal Service., U.S. Postal Service,. CERTIFIED MAIL,,, RECEIPT CERTIFIED MAILT~ RECEIPT (Domestic Only; No Insurance Coverage Pro 7 (Domestic CO vided) Er a rl 1 a Postage $ $0.41 0968 ° Post $ Q- P, age $0.41 / 0968 M Cerlified Fee $2.65 01 certified Fee $2.65 ' Of ° Return Receipt Fee Postmark ° Postmark r3 (Endorsement Required) $2,15 Here. ° Return Receipt Fee a Too ° Hare (Endorsement Required) $2.15 Restricted Delivery Fee ° Restricted Delivery Fee (Endorsement Required) $0,00 ry ° ° (Endomement Requiretl) 30.00 III a o Total Postage $5.21 OBf24f2007 C3 To al Postap $5.21 08/24/2007 Sent o John & Joan Sawicki - r r. Sent To Concetta & Michele Viviani ° ° sk~ar,~ ao. P.O. Box 602 ° r or Po Sox"o. Laurel, NY 11948 0 o Poe r.No P.O. Box 1207 Mattituck, NY 11952 Cal: Sfafe, LP LYry, 3Yafe, Z/{ - U.S. Postal Service,. U.S. Postal Service,, CERTIFIED MAIL~,, RECEIPT CERTIFIED MAIL,,,, RECEIPT Er (Domestic Mail Only; No Insurance Coverage Provided) C3 (Domestic Mail Only; No Insurance Coverage Provided) .i1^ to 1Ri S r in 707 a ° Postage $ $0.41 0968 o Postage $ $0.41 0968 D' certified Fee $2,65 01' m Certified Fee $2.65 , - 01 O Postmark ° Return Receipt Fee Postmark Return Receipt Fee O (Endorsement Required) $2.15 Hera ° (Endorsement Required) $2.15 Here ° O Restricted Delivery Fee - Restricted Delivery Fee ° (Endorsement Required) $0.00 ° (Endorsement Required) $0.00 rv Total Pot, $5.21 08/24/2009 r` Total Pose C $5.21 0@!24/2007 ° ° r To Leslie Hegeman, r n' ° Hudson Hagglund Sfreeq APti C3 sre rapt Douglas & Kelly Meyers ° ° 1725 Dee Hole Drive t or Po Sox 98 Ogden Avenue r" orPOS°..n P criy'srere, Mattituck, NY 11952 cay, stare, White Plains, NY 10605 - - - rd of Trustees Appl-icati~ AUTHORIZATION (where the applicant is not the owner) I ~rV~eS~ ~aSe residing at (print owner of property) (mailing address) do ot l-eLLL~ do hereby authorize_ W co/,?5u/f"~ to apply for permit(s) from the Southold Board of Town Trustees on my behalf. (owner's signature) 8 + &oard of Trustees Applica& County of Suffolk State of New York ErnreJ- W, CaSC 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 REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Signature SWORN TO BEFORE ME THIS JL~L lk DAY OF /n `-7 20~ DAVID W. OLSEN Notary Public, State of New York No. 020L6020974 Qualified in Suffolk County Notary Public Commission Expires March 8, 20 JL APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the nart of town officers and eranlovees. The purpose of this form is to rovide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. 1- YOUR NAME: Co 5e, me Sf --(Last name, first nalne, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Variance Change of Zone Approval of plat Exemption from plat or official map Other /yro,n reeans-~rvc~ron and sand reokm5kneh (If "Other", name the activity.) 1? Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO If you answered "YE", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): _A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); _B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); _C) an officer, director, partner, or employee of the applicant; or _D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted s day o 2001 Signature PrintName Ekwgf'r S6 1 • • 1319 North Sea Road M Southampton, New York 11968 631-283-6360 Fax: nconsult nt com EN-CONSULTANTS, INC. wwwe ENVIRONMENTAL CONSULTING August 20, 2007 Mark Terry, LWRP Coordinator pq Planning Board D V Town of Southold D P.O. Box 1179 AUG 2 4 Southold, NY 11971 Southhold Tcwr Re: Estate of Helen Case, 13650 New Suffolk Avenue, Cutchoaue 2'110 0t T,usr,PS Dear Mr. Terry: Attached please find an LWRP Consistency Assessment Form, which is being submitted in association with an application to the Board of Trustees for a Town Wetlands Permit to remove and replace an existing, storm-damaged timber groin in the same location with a low-profile, vinyl groin and to renourish and revegetate a storm-eroded berm. I have indicated that all policies are "Not Applicable," because pursuant to Town Code §268- 5(A) and the corresponding definitions of "action" and "minor action" by §268-3, the submission of a LWRP Consistency Assessment Form is not required for this application, as the proposed work entails the "reconstruction of a structure or facility, in kind, on the same site" and the "maintenance of existing... natural growth." Resp ctfully yours, Robert E. Herrmann _ Coastal Management Specialist cc: Lauren Standish, Board of Trustees Town of Southold 0 • LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS I . A I I a p p l i c a n t s f o r p e r m i t s ' i n c l u d i n g T o w n o f S o u t h o l d a g e n c i e s , s h a l l c o m p l e t e t h i s C C A F for proposed actions that are subject to the Town of Southold W aterfrontConsistency Review Law, This assessor ent is intended to supplem ent other inform ation used by a Town of Southold agenc) in m a k in g a d e t e r m in a t i o n o f c o n s is it n c y. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listine both supporting and non- supportine 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# 116 - 6 -21.1 PROJECT NAME ESTATE OF HELEN CASE 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: V\j Nature and extent of action: CONSTRUCT APPROXIMATELY 51 LINEAR FEET OF LOW-PROFILE, VINYL GROIN IN PLACE OF EXISTING +/-731, STORM-DAMAGED, TIMBER GROIN AND RENOURISH AND REVEGETATE STORM-ERODED BERM IN FRONT OF DWELLING WITH APPROXIMATELY 50 CUBIC YARDS OF CLEAN SAND TO BE TRUCKED IN FROM AN UPLAND SOURCE AND PLANTED WITH CAPE AMERICAN BEACH GRASS (12" ON CENTER), ALL AS DEPICTED ON THE PROJECT PLAN PREPARED BY EN-CONSULTANTS, INC. DATED AUGUST 20, 2007. Location of action: 13650 NEW SUFFOLK AVENUE, CUTCHOGUE Site acreage: 1.0 ACRES Present land use: RESIDENTIAL 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: ESTATE OF HELEN CASE (b) Mailing address: C/O ERNEST CASE, EXECUTOR; P.O. BOX 285 CUTCHOGUE, NY 11935 (c) Telephone number: Area Code 631-734-5178 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ? No z If yes, which state or federal agency? 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 vier-dependent uses and promote sit of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 15for 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 4 ~ TITLE COASTAL MCMTSPECIALIST DATE 8i23i07 ROBERT . ERRMANN Amended on 811105 1319 North Sea Road M Southampton, New York 11968 631-283-6360 ax: 631-283-6136 EN-CONSULTANTS, INC. www.en consultants.com ENVIRONMENTAL CONSULTING August 23, 2007 D AVG 2 4 2WI Town of Southold Board of Trustees n 54375 Main Road/ Post Office Box 1179 Southold, New York 11971 Attn.: Lauren Standish Re: Estate of Helen Case 13650 New Suffolk Avenue, Cutchogue SCTM #1000-116-6-21.1 Dear Ms. Standish: In regard to the above referenced property, enclosed are the following for the Board of Trustees review: I . Three (3) Wetland Permit Applications including a) Short Environmental Assessment Form; b) Authorization & Disclosure Forms; and c) project plans; d) surveys 2. One (1) set of site photographs. 3. Application fee of $250.00 wetlands. 4. Three (3) LWRP Consistency Assessment Forms including a) project plans. I trust this information shall allow you to process our permit request. Should any additional information be required, please do not hesitate to contact our office. Sin ely, &E. Hemnann Coastal Management Specialist /khs Enc. I A r.._.. lif6CEDAAS ND ,.U. x , y $g N j .:p ` R O _ i NORTH P, K' r 50 r Pc COUNTRY Southhold Town r Board of Trustees o ecue ¢st fir. ,,r xes 0 _y hDD CU7 D * N Jr /p~ o Old Cave HA p»0 osr y m ~ ea " ~ ~ CD,`+0u0; Y C O O Xz MOM r < C p. ~Pt w step, /r ~e Mn ~o t 51T~ ( ACCE55 VIA @V \ No. ee 1' = 50' ^I V 5W TCt Kopfm) APPROX. LIMIT OF O°n C, CJ uffdk CaI an Map 25 ERODED ESCARPMENT APPROX. J n s aF IX. _ + 3000 STONE/ CONCRETE PoP RAP 2. APPROX. UMTT OF TO BE RENOUPoSHE0 REPLANTED AS NO` \ ADJ. GROW / ALW \ ADJ. GROIN / _ _ _ + ~ PORTION OF IX. STORM-DAMAGED B' - ~ TIMBER GROIN TO BE REMOVED PORTION OF IX. GROIN AND REPLACED WITH LOW-PROFILE, NNYL GROIN TO P e c o n i s B a y\\ PAC"Af. MMA" PPJ" Notes \ 1. Purpose: replace Storm-damaged ero5lon contrd . , stxluct+re; rerarl5h & restore eroded berm APPROVED 2, Datw: &W BOARD OF T"l1' T 3. New oroln to be constructed w6 vinyl sheathirq < structural canponerlb to be CCA-treated timber) TOWN OF S O U THO L D and low-profile de5lcr (top of rev croln to be set at - y.5'&W at landward end and no h4r than 18" DATE G]- t Ct_O i PWP05EP IN-PL=01 F C40N above dowrerlft beach grade or ± 1.5'&W at seaward a ApproK, 570 fill ANP WNOLF15HMF MM f' a, up 5 cy clean sand to o to be trucked in bran ]l an upland sca rceandusedt relxurizh eroded berm; T FIX TIC F%AT~ 1AT renour4ed area to be planed Cape American beads PECONIC PAY, CLCO., NY grass, A, hW11qj1ata, <12'I 0,C.> FT I OF 2 B5. Project laatlon: 13650 New 5uffdk Avenue, CutchW, 5CTM No. 1000-116-621.1 D E C E I W E AUG 2 4 : D Southhold Town Board of Trustees 5~C11ON TWU MOP05N2 ROIN VrF[-ACWFNT ANIP PWIH rTH0Ur,15HMNT & rMAMIN6 AP.E:A TO r3F EENI2 & IVLANTEP 5CA,~ : I'' = IO' C 50 CY CLFAN 5ANn TO D~ PLANTFP WITH A. MVIUGU.ATA C 12'' O,CJ 5FC110N OF FX, 6WIN 12' - - 51 ` LOW-PWFILF VINYL Gp01N TO CON51VUMP TO 13F MMOVFb 31, III' I IN PLACE OF EXI511NG 75' 11MM, 6VOIN 22' ~I 51' + I' < max.) PPOP, TOP 6WIN E;I„ 11 6 x6" CLAMP & 5TEZINGFP TOE' OF FIZOb~t7 18" C maxJ MW- 2'-6 " ' 13FFM (FL: 8,R') FL &W-0,-0 , T0~ OF FE:0l7Ff7 7- f;X, GAF 1tE?M C FL 5,51) 10 X8, PU5 6' VINYL 5HFATHIN6 PkOI IWPLACF MPLACFMFNT OF 64kOIN AN) MNOUE:I5HMFNT/ MPLAWNG OF LVM FOE; TNF F5TATF OF HFLFN CA5F ON GMAT PFCONIC l3AY, CUTCHOCAT, WOLK CO., NY 5HLE T 2 OF 2 8/ 20107 Survey of Property D E C 0 V Prepared for: Estate of Helen Case Ernest Case, Executor 2 cot~AA° Surveyed: June 22, 2007 SCT# 1000-116-6-21.1 S l Town _ Situate: Cutchogue Board ard Of of Trustees v+ u, Town: Southold 0 ~~26 /r Suffolk County, NY 5 1 C1$y r 1'=5U " .r aye dr 'e,: :r i o U edge ? 9pOr ' C51 9' W py5 , o~ e f -1 ffo _ edge - o ,''g6 >,`b W - r T R - fie S69-12'54" E 606 Zo4T LW NT steps _ 2 a 30 N C) Frame H ~ 14' µovse conc. C 1 O Ln fence +~66 Reference Deed: 5 Liber 6306 Page 105 ~a %0 6 NO m ' 'S6 266 o to high water tie nes 9 - x~~ 63A~ d d. d I [ 9 ~ Y209s b dEp' ~ L the a s /O) w P V p V I, p- r m -,-1 r L h, kaa 1%~P N "n u g rm d : ped C= reel to t~~ r ~+O0/~ A C~ fl Fe -d e d n a g 1 p this ^ Q\\ V Est oa ar 11-tte tor~i~a,~a ays dapced [a ¢r. Ywk fpt¢ _latlan of rvc slcnal ' T Il/1 ttt 5 ~~~e ~[r9 dtgt--to~r, .r'rad t of r .t d t~ o urtc ors 'Y s ROBERT H. FOX NYS PLS# 50197 P 0 BOX # 366 AQUEBOGUE F~~M1 NY 11931 s 631-722-3390