Loading...
HomeMy WebLinkAboutTR-6717 James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hal! 53095 Route25 P.O. Box 1179 Southold, NewYork 11971-0959 Telephone (631) 765-1892 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 SCHEDULE Pre-construction, hay bale line 1st day of construction ,/~..~Y~ constructed Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6717 DATE: SEPTEMBER 19~ 2007 ISSUED TO: CYNTHIA POWER & RICHARD MCKINNEY PROPERTY ADDRESS: 12340 MAIN ROAD, EAST MARION SCTM# 31-14-6 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 Seo~mber 19.2007. and in consideration of application fee in the sum of $500.00 paid by Cynthia Power & Richard McKinney and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authoriz6s and permits the following: Wetland Permit to remove fallen Maple and Birch trees from storm-eroded embankment; emPl~e generallY'al°ng toe of embankment, between existing bulkhead and concrete rip-rap, approximately 84 linear feet of 1-2 ton quarry stone toe armor over 50al00 lb. core stone on f'dter cloth; renourish and vegetate eroded bank face using approximately 50 cubic yards clean sand to be trucked in from an upland source and planted with Cape American Beach Grass (18" on center); replace in-kind,in-place the existing access platform and stairs; and resetting, covering with sand, and planting the area of existing rip-rap in front of the existing deck and arbor, whose two (2) seaward footings are to be replaced/reset in-place, and as depicted on the site plan prepared by En-Consultants, Inc. last datedOctober 30, 2007 and received on November 2, 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. James King - Absent David Bergen - Absent TERMS AND CONDITIONS 6. The Permittee Cynthia Power & Richard McKinney, residing at 12340 Main Road. Orient. New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released fi.om 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 Pennittee 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 Southol& 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. 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. 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. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 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. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein author/zed, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to flee 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. That the said Board will be notified by the Permittee of the completion of the work authorized. That the Permittee will obtain all other permits and consents that may be required supplemental to this pemait, which may be subject to revoke upon failure to obtain same. James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. 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 COASTAL EROSION MANAGEMENT PERMIT Permit #: 6717C Date: September 19, 2007 SCTM#: 31-14-6 Name of Applicant/Agent: En-Consultants, Inc. Name of Permittee: Cynthia Power & Richard McKinney Address of Permittee: 44 West 77th Street, Apt. SE, New York, NY 10024 Property Located: 12340 Main Road, East Marion DESCRIPTION OF ACTIVITY: Coastal Erosion Permit to remove fallen Maple and Birch trees from storm-eroded embankment; emplace generally along toe of embankment, between existing bulkhead and concrete rip-rap, approximately 84 linear feet of 1-2 ton quarry stone toe armor over 50-100 lb. core stone on filter cloth; renourish and vegetate eroded bank face using approximately 50 cubic yards clean sand to be trucked in from an upland source and planted with Cape American Beach Grass (18" on center); replace in-kind/in-place the existing access platform and stairs; and resetting, covering with sand, and planting the area of existing rip-rap in front of the existing deck and arbor, whose two (2) seaward footings are to be replaced/reset in- place. The Coastal Erosion Management Permit allows for the operations as indicated on the site plan prepared by Eh-Consultants, Inc. last dated October 30, 2007 and received on November 2, 2007. Permit to construct and complete project will expire two years from the date the permit is signed. SPECIAL CONDITIONS: (apply if marked) __ Bluff restoration through a re-vegetation plan is a necessary special condition of this permit. __ A relocation agreement is attached hereto and is a necessary special condition of this permit. __ A maintenance agreement is attached with application and is a necessary special condition of this permit. j'~. D~oherty, ..~rd of Trustees JMD/eac James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 September 19, 2007 BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD Mr. Robert E. Herrmann En-Consultants, Inc. 1319 North Sea Road Southampton, NY 11968 RE: CYNTHIA POWER & RICHARD MCKINNEY 12340 MAIN ROAD, EAST MARION SCTM# 31-14-6 DeaF 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 CYNTHIA POWER & RICHARD MCKINNEY 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 28, 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, the LWRP Coordinator issued a recommendation that the application be found Consistent with the Loc~il 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, WHEREAS, the Board has considered all the testimony and documentation submitted conceming 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 have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of CYNTHIA POWER & RICHARD MCKINNEY to remove fallen Maple and Birch trees from storm-eroded embankment; emplace generally along toe of embankment, between existing bulkhead and concrete dp-rap, approximately 84 linear feet of 1-2 ton quarry stone toe armor over 50-100 lb. core stone on filter cloth; renoudsh and vegetate eroded bank face using approximately 50 cubic yards clean sand to be trucked in from an upland source and planted with Cape American Beach Grass (18" on center); replace in-kind/in-place the existing access platform and stairs; and resetting, covering with sand, and planting the area of existing rip-rap in front of the existing deck and arbor, whose two (2) seaward footings are to be replaced/reset in-place, and as depicted on the site plan prepared by En-Consultants, Inc. last dated October 30, 2007 and received on November 2, 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, Doherty (,/Vice President, Boar~of Trustees JMD/eac EN-CONSULTANTS, INC. ENVIRONMENTAL CONSULTING James King, Chairman Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 1310 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com Re: Cynthin Power & Richard McKinne% 12340 Main Road, East Marion April 9, 2009 Dear Mr. King: The captioned permit contains a requirement that al5-foot non-turf buffer be established along the entire top of the "bluff" and a corresponding special condition that a notice covenant be filed with Suffolk County to permanently establish this requiremem. As we recently discussed, however, no such buffer was required by the Board as a condition of permit issuance and no such buffer is shown on the stamped-approved plans. (A copy of the relevant minutes from the 19 September 2007 public hearing evidencing same is attached hereto for your reference). Therefore, we must request that the Board issue a corrected/replacement permit modified to delete both the requirement relating to the non-tuffbuffer and the special condition requiring the covenant. My diems have not been able to locate the originally issued permit but if and when they do, I will return it to your office. Should you require any additional information from me to process this request, please let me know. Robert E. Herrmann Coastal Management Specialist cc: Cynthia Power and Richard McKiuney Board of Trustees 33 September 19, 2007 like to speak to this application? MS. DIACK: Hi, I'm Missy Diack. When you talk about the protection of the dunes, I am, the ones at the front of the house, as I had said previously, I'm very conscious about it. We don't want any of that to be removed. It's just that way we have to move the house back. Some of those beach plums will, of course, go. But I want to re-plant in that whole area. That's all I wanted to say. TRUSTEE DICKERSON: Good. Any Board comments? (No response.) TRUSTEE DICKERSON: Any other comments from the audience? (No response.) TRUSTEE DICKERSON: I'll make a motion to close the hearing. TRUSTEE DOHERTY: Second. All in favor? (ALL AYES.) TRUSTEE DICKERSON: I'll make a motion to -- first I would like to make a motion to refund Missy Diack for her applying for the coastal erosion because all of this work is being done landward of the coastal erosion line. So I will make a motion to approve a wetland permit for the description of the house, the cesspool, the decking, with the stipulation and to make this consistent with LWRP that roof runoff be retained with drywells, that there be hay bales during construction. TRUSTEE DOHERTY: It was kind of sloping back. I don't know if hay bales are necessary. TRUSTEE DICKERSON: If they could put them right in front of that wooden bulkhead. But the review also says retain a non-turf non-disturbance buffer landward of the timber bulkhead. I was going to say -- I'll say it remains a non-turf nomdisturbance buffer landward of the timber bulkhead and hay bales be placed landward of the bulkhead. Do I have a second? TRUSTEE DOHERTY: Second. All in favor? (ALL AYES.) MR. CORCORAN: Do you find it consistent? TRUSTEE DICKERSON: I thought I said that. But I'll say that I find it consistent with LWRP due to those mitigating - TRUSTEE DOHERTY: And in that resolution was to refund the coastal erosion hazard fee. TRUSTEE DICKERSON: Yes. TRUSTEE DOHERTY: Do you have drywells on the plan, Bruce? MR. ANDERSON: No. I'll amend the plan to show hay bales and drywells. TRUSTEE DOHERTY: Thank you. TRUSTEE GHOSlO: Number three, Eh-Consultants on behalf of CYNTHIA POWER & RICHARD MCKINNEY requests a Wetland Permit & Coastal Erosion Permit to remove fallen Maple and Birch trees from Board of Trustees 34 September 19, 2007 storm-eroded embankment; and place generally along toe of embankment, between existing bulkhead and concrete rip-rap, approximately 84 linear feet of 1-2 ton quarrystone toe armor over 50-100 pound core stone on filter cloth; re-nourish and revegetate eroded bank face using approximately 50 cubic yards clean sand to be trucked in from an upland source and planted with Cape American Beach Grass (18" on center.) Located: 12340 Main Road, Orient. LVVRP finds this consistent because it was obvious erosion on the bank. CAC supports the application with the condition that the non-turf buffer is increased in the construction area. And I know when the Board went out to take a look at it, we took a good look and obviously there was erosion there and this really does need to be addressed and since it was consistent with LWRP we really didn't have a problem with it. Is there anybody here that can make a comment on this application? MR. HERMAN: Rob Herman of En-Consultants on behalf of applicants. Unless the Board has any other questions or issues about the project, I'm happy to go with Bob's summary. TRUSTEE DOHERTY: Thank you. TRUSTEE GHOSIO: It does say here on the field notes something about including the stairs. I don't remember what that issue was. Is it because -- TRUSTEE DOHERTY: Because it was not included in the description. Although it's on the plan, I believe. TRUSTEE GHOSIO: Yes, I thought it was, too. MR. HERMAN: The stairs next to the deck and arbor. TRUSTEE GHOSIO: Yes. MR. HERMAN: We were going to submit, subsequently -- I discussed this briefly in the office with Jim. Of course, he's not here. That deck was originally built under the not really the approval, but it was built through the authorization of a waiver that was issued by the Trustees. So that deck is non-permitted, but it's legal. It was also originally built through the authorization of a non-jurisdiction letter from the DEC. Because of the urgency of dealing with this erosion problem, which of course actually effects the neighboring property owner's garage, more directly than it affects the applicants, we wanted to get this in and before all the agencies and addressed so all that work can be commenced. What I had originally indicated to Jim is we thought that deck might have to be reconstructed. But it does not. It really just needs -- the supports just need to be reset. The stairs obviously need to be reconstructed. If we could include with this application the ability to reset one of those posts for the deck and lan Crowley is here and he could explain the scope of the work Board of Trustees 35 September 19, 2007 that needs to be done, and just repair those stairs in place, I would love to do that. I just didn't want to risk, particularly for Mrs. Bramson's (sic) sake, not getting in in time because we couldn't get all the plans together quickly enough to address the deck and the stairs and it was, we were trying to figure out whether there was a permit for that deck and arbor and, as I said, we did find out from Ron Reisoff, the prior property owner, our office had actually worked for Mr. Reisoff and gotten a waiver from this Board for the deck. So I would be happy to give you revised plans showing that and do this all in one shot so we don't have to come back to you. But that's your pleasure. Would you want lan to describe the scope of the work so you are comfortable? TRUSTEE DOHERTY: No, I think we are all -- TRUSTEE GHOSIO: We kind of figured that. That's why I brought it up. TRUSTEE DOHERTY: And we would rather have it all done at once instead of coming back. MR. HERMAN: Us, too. TRUSTEE DOHERTY: So as to disturb it once. You are only out there once. MR. HERMAN: Okay. TRUSTEE GHOSIO: Any other questions or comments? MR. CROWLEY: There will be movement of the concrete and stuff, to do the work under the deck. That's the only thing. There will be movement. That's all. MR. HERMAN: And we would probably want to refill the soil there and replant it as well. It's consistent with what we are doing over here except in this spot the concrete debris is already present so I think they would just want to make sure that so this doesn't happen to the deck again, that that debris is re-shifted, reset and then covered with sand and soil and replanted with beach grass. So if the Board is comfortable with that, we can just give you revised plans reflecting that as a condition of the permit issuance. TRUSTEE GHOSIO: We are anxious to see the work start because October is right around the bend. MR. HERMAN: It needs to be done. TRUSTEE DOHERTY: I'm okay with that. TRUSTEE GHOSIO: I'll make a motion to close the hearing. TRUSTEE DOHERTY: Second. All in favor? (ALL AYES.) MR. HERMAN: Thank you. TRUSTEE GHOSIO: I'll make a motion to approve the application as described. It's been found to be consistent with LWRP with the added stipulation that we add the repair of the existing stairs inkind and inplace and replace the supports on the existing deck Board of Trustees 36 September 19, 2007 and that En-Consultants will provide us with a revised plan. TRUSTEE DOHERTY: Excuse me, Bob. VVhat's the dimensions of that deck, so we can get that in the permit as well? TRUSTEE GHOSIO: That platform is 19'4"x10'. MR. HERMAN: Jim had noticed when he looked at this, it was just below the 200 square feet where you would require a coastal erosion permit. MR. GHOSIO: Do I have a second? TRUSTEE DICKERSON: Second. TRUSTEE DOHERTY: All in favor.? (,ALL AYES.) TRUSTEE DOHERTY: We'll move on to Wetland Permits. WETLAND PERMITS: TRUSTEE DOHERTY: Number one, WILLIAM & CHRISTINE EISENREICH request a Wetland Permit to construct a two-story addition and greenhouse addition to the existing single-family dwelling, and reconfigure the existing driveway. Located: 805 Bay Shore Road, Greenport. Is there anyone here with regard to this application? (No response.) I think the Board feels on this one that -- we are not sure -- because the Building Department has determined -- that we feel it has to go to the Zoning Board of Appeals and just the way it is, I think we wanted to see what happens in the Zoning Board of Appeals so if the rest of the Board feels that way I would make a motion to table this until we get something from the Zoning Board. That they should go to the Building Department to see if they need something from the Zoning Board. TRUSTEE GHOSIO: Second. TRUSTEE DOHERTY: All in favor? (ALL AYES.) TRUSTEE DOHERTY: PECONIC LAND TRUST INC., requests a Wetland Permit to reinforce 390 feet of eroding bank along madna and creek with filter cloth and 50-75 pound stones, and add four eight-inch pilings along dock in marina area. Located: 10273 North Bayview Road Extension, Southold. Is there anyone here who would like to speak for this application? MR. RIVERA: We're here. TRUSTEE DOHERTY: Yes. Mr. Rivera came in the other night and spoke to us. The full board went out and looked at this. It's in dire need of repair. The only comments that our Board had was that the rock revetment we are talking about, we want to make sure there are plantings near the top of the road, on Great River Road, and the BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6717 DATE: SEPTEMBER 19i 2007 ISSUED TO: CYNTHIA POWER & RICHARD MCKINNEY PROPERTY ADDRESS: 12340 MAIN ROAD~ EAST MARION SCTM# 31-14-6 AUTHORIZATII Pursuant to the Southold and in accordance September 19, 2007, and in Richard McKinne' Board of Trustees authorizes and the Resolution of the ~pplication e Terms and ~ 111 of the Town Code of the Town of held on in the sum of $500.00 paid by Cynthia Power & the Southold Town Wetland Permil embankment; emplace and concrete rip-rap, app over $0-100 lb.' core stone approximately 50 cubic, planted with Cape American existing access platform and area of existing rip-rap footings are to extending along the top o property. and Birch trees from storm-eroded toe of embankment, between existing bulkhead ,84 linear feet of 1-2 ton quarry stone toe armor renourish and vegetate eroded bank face using be trucked in from an upland source and 18" on center); replace in-kind/in-place the covering with sand, and planting the deck and arbor, whose two (2) seaward I with the condition of a 15' non-turf buffer and the edge of lawn on western side of and these the said Board of Trustees hereby causes its Corporate Seal to be affixed, ~ of the said Board as of this date. King - Absent Dave Bergen - Absent BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6717 DATE: SEPTEMBER 19~ 2007 ISSUED TO: CYNTHIA POWER & RICHARD MCKINNEY PROPERTY ADDRESS: 12340 MAIN ROAD~ EAST MARION SCTM# 31-14-6 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 $500.00 paid by Cynthia Power & Richard McKinnev and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to remove fallen Maple and Birch trees from storm-eroded embankment; emplace generally along toe of embankment, between existing bulkhead and concrete rip-rap, approximately 84 linear feet of 1-2 ton quarry stone toe armor over 50-100 lb.' core stone on filter cloth; renourish and vegetate eroded bank face using approximately 50 cubic yards clean sand to be trucked in from an upland source and planted with Cape American Beach Grass (18" on center); replace in-kind/in-place the existing access platform and stairs; and resetting, covering with sand, and planting the area of existing rip-rap in front of the existing deck and arbor, whose two (2) seaward footings are to be replaced/reset in-place. All with the condition of a 15' non-turf buffer extending along the top of the bluff and along the edge of lawn on western side of property. 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. King - Absent Dave Bergen - Absent TERMS AND CONDITIONS The Permittee Cynthia Power & Richard McKinney, residing at 12340 Main Road, Orient, New York, as part of the consideration for the issuance of the Permit does understand and prescribe to the following: 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. 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. 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. 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. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 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. 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. 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. That the said Board will be notified by the Permittee of the completion of the work authorized. 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 Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, NewYork 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD COASTAL EROSION MANAGEMENT PERMIT Permit #: 6717C Date: September 19, 2007 SCTM#: 31-14-6 Name of Applicant/Agent: En-Consultants, Inc. Name of Permittee: Cynthia Power & Richard McKinney Address of Permittee: 44 West 77th Street, Apt. 8E, New York, NY 10024 Property Located: 12340 Main Road, East Marion DESCRIPTION OF ACTIVITY: Coastal Erosion Permit to remove fallen Maple and Birch trees from storm-eroded embankment; emplace generally along toe of embankment, between existing bulkhead and concrete rip-rap, approximately 84 linear feet of 1-2 ton quarry stone toe armor over 50-100 lb. core stone on filter cloth; renourish and vegetate eroded bank face using approximately 50 cubic yards clean sand to be trucked in from an upland source and planted with Cape American Beach Grass (18" on center); replace in-kind/in-place the existing access platform and stairs; and resetting, covering with sand, and planting the area of existing rip-rap in front of the existing deck and arbor, whose two (2) seaward footings are to be replaced/reset in- place. All with the condition of a 15' non-turf buffer extending along the top of the bluff and along the edge of lawn on western side of properly. The Coastal Erosion Management Permit allows for the operations as indicated on the survey prepared by En-Consultants, Inc., last dated October 30, 2007, and received on November 2, 2007. Permit to construct and complete project will expire two years from the date the permit is signed. SPECIAL CONDITIONS: (apply if marked) __ Bluff restoration through a re-vegetation plan is a necessary special condition of this permit. __ A relocation agreement is attached hereto and is a necessary special condition of this permit. __ A maintenance agreement is attached with application and is a necessary special condition of this permit. James F. King, President Board of Trustees C ~ James F. King, President Jill M. Doher~y, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 September 19, 2007 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Robert E. Herrmann Eh-Consultants, Inc. 1319 North Sea Road Southampton, NY 11968 RE: CYNTHIA POWER & RICHARD MCKINNEY 12340 MAIN ROAD, EAST MARION SCTM# 31-14-6 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 CYNTHIA POWER & RICHARD MCKINNEY 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 28, 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, the LWRP Coordinator issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on 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, 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 have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of CYNTHIA POWER 8, RICHARD MCKINNEY to remove fallen Maple and Birch trees from storm-eroded embankment; emplace generally along toe of embankment, between existing bulkhead and concrete rip-rap, approximately 84 linear feet of 1-2 ton quarry stone toe armor over 50-100 lb. core stone on filter cloth; renourish and vegetate eroded bank face using approximately 50 cubic yards clean sand to be trucked in from an upland source and planted with Cape American Beach Grass (18" on center); replace in-kind/in-place the existing access platform and stairs; and resetting, covering with sand, and planting the area of existing rip-rap in front of the existing deck and arbor, whose two (2) seaward footings are to be replaced/reset in-place. All with the condition of a 15' non-turf buffer extending along the top of the bluff and along the edge of lawn on western side of property. 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, James F. King President, Board of Trustees JFK/eac James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. 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 Please be advised your application dated ~ ~: ~ has that been reviewed by this Board at the regular meeting oY ~~ )~, ~7 and your application has been approved pending the completion of the' following items checked off below. ~ Revised Plans for proposed project __ Pre-Construction Hay Bale Line Inspection Fee ($50.00) __ 1st Day of Construction ($50.00) __ ¼ Constructed ($50.00) V/ Final Inspection Fee ($50.00) - __ Dock Fees ($3.00 per sq. ft.) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE: BY: James F. King, President Board of Trustees Ruth Ann Bmmson P.O. Box 46 East Marion, NY 11939 To Whom It May Concern: I, Ruth Ann Bramson, own property known as Suffolk County Tax Map Number 1000-31- 14-4.5, which is located west of and adjacent to property owned by Cynthia Power and Richard McKinney, which is known as Suffolk County Tax Map Number 1000-31-14-6. I am aware of, have no objections to, and completely support the McKinneys' proposal to stabilize with stone and to restore with sand and plantings the eroded embankment that is located adjacent to my bulkhead return and serves to protect my garage. I hereby consent to the placement of any such stone, sand, and plantings, on my property as necessary. Ruth ~Ann Brarnson / -- Dated CYNTHIA POWER AND RICHARD MCKINNEY~ 12340 MAIN ROAD~ EAST MARION Figure 7. Looking northwest at footings of existing deck to be replaced/reset; at existing platform and stairs' to be replaced (in-kind/in-place); and at existing concrete rip-rap to be restored/reset, covered, and planted at this location. Figure 8. Looking southwest at existing platform and stairs to be replaced (in-kind/in-place). James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. 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 Southold Town Board of Trustees Field Inspection/Work session Report Date/Time: En-Consultants, Inc. on behalf of CYNTHIA POWER & RICHARD MCKINNEY requests a Wetland Permit & Coastal Erosion Permit to remove fallen Maple and Birch trees from storm-eroded embankment; emplace generally along toe of embankment, between existing bulkhead and concrete rip-rap, approx. 84 linear ft. of 1-2 ton quarrystone toe armor over 50-100 lb. core stone on filter cloth; renourish and revegetate eroded bank face using approx. 50 cy. clean sand to be trucked in from an upland source and planted with Cape American Beach Grass (18" on center). Located: 12340 Main Rd., Orient. SCTM#31-14-6 Type of area to be impacted: Saltwater Wetland Freshwater Wetland Sound V/ Bay Distance of proposed work to edge of above: Pm/of Town ~de proposed work falls under: c, Chapt.275 ~ Chapt. 111 other Type of Application: t/ Wetland ~Coastal Erosion ~Amendment __Administrative __Emergency ~ Info needed: Pre, Submission Violation Planning Modifications: ~A~%,r~ '~ C~,~o~ Conditions: G/ ~f D h ~/ P Dmkerson'/ D Ber'~en~'~ Ghosio, Jr Present Werei J.~ing J. o erty__ . ' . s __ B. ~/ H. Cusa~- ~ D. D~-enkowski Mark Tcrry~other , Form filled out in the field by Malled/Faxed to: Date: Environmental Technician Review Donald Wilder, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (63 l) 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 Don Wilder, seconded by Chris Kempner, it was RESOLVED to SUPPORT the Wetland Permit application of CYNTHIA POWER & RICHARD MCKINNEY to remove fallen Maple and Birch trees from storm-eroded embankment; emplace generally along toe of embankment, between existing bulkhead and concrete rip-rap, approx. 84 linear ft. of 1-2 ton quarrystone toe armor over 50-100 lb. core stone on filter cloth; ranourish and ravegetate eroded bank face using approx. 50 cy. clean sand to be trucked in from an upland source and planted with Cape American Beach Grass (18" on center). Located: 12340 Main Rd., Orient. SCTM#31-14-6 Inspected by: Don Wilder, Chris Kempner The CAC Supports the application with the Condition the non-turf buffer is increased in the construction area. Vote of Council: Ayes: All Motion Carried CYNTHIA POWER AND RICHARD MCKiNNEY~ 12340 MAIN ROAD~ EAST MARION FTgure 1. Looking northwest from adjacent bulkhead return at storm-scoured blowout of embankment and location of proposed stone toe armor. Figure2. Looking south from top of storm-scoured embankment and at base of fallen maple tree to be removed. CYNTHIA POWER AND RICHARD MCKINNEY~ 12340 MAIN ROAD~ EAST MARION Figure 3. Looking west at storm-scoured blowout of embankment;fallen maple tree; and ad}acent garage situated immediately landward thereof. Figure4. Looking southwest along top of storm-scoured blowout of embankment at location o f fallen maple tree and at adjacent garage situated immediately landward thereof. CYNTHIA POWER AND RICHARD MCKINNEY~ 12340 MAIN ROAD, EAST MARION Figure 5. Looking north at storm-scoured embankment and location of proposed stone toe armor to be located between adjacent timber bulkhead and existing concrete rip-rap on subject property. Figure 6. Looking southwest from existing concrete rip-rap toward storm-scoured blowout of embankment and at location of proposed stone toe armor. COUNTy OF EN-CONSULTANTS, INC. 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com ENVIRONMENTAL CONSULTING James King, Chairman Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 October 30, 2007 Re: Cynthia Power & Richard McKinnev, 12340 Main Road. East Marion Pursuant to our discussions dugng the Board's 19 September 2007 meeting, please find enclosed three (3) copies of a project plan prepared by Eh-Consultants, Inc., last dated 30 October 2007, which has been revised to depict 1) the in-kind/in-place replacement of the existing access platform and stairs; and 2) resetting, covering with sand, and planting the area of existing rip-rap in front of the existing deck and arbor, whose two (2) seaward footings are to be replaced/reset in-plaee. Also enclosed are photographs of this work area, which were not included with the original application. Although I trust that the Town Wetlands Permit can now be issued, please contact me if you have any questions or require any additional information. Robert E. Herrmann Coastal Management Specialist OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 F~x: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGI~AM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Principal Planner Date: September 6, 2007 Re~ Wetland Permit for Cynthia Power and Richard McKinney SCTM# 31-14-6 CYNTHIA POWER & RICHARD MCKINNEY request a Wetland Permit & Coastal Erosion Permit to remove fallen Maple and Birch trees fxom storm-eroded embankment; emplace generally along toe of embankment, between existing bulkhead and concrete rip- rap, approx. 84 linear ft. of 1-2 ton quarrystone toe armor over 50-100 lb. core stone on filter cloth; renourish and revegetate eroded bank face using approx. 50 cy. clean sand to be trucked in from an upland source and planted with Cape American Beach Grass (18" on center). Located: 12340 Main Rd., Orient. SCTM#31-14-6 Aerial photos indicate that the property is subject to erosion and a loss of upland property has occurred. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the following Policy Standards and therefore is CONSISTENT with the LWRP. To further sub-policy 4.1; it is recommended that the applicant incorporate "practical vegetation methods" in the design of the structure. Policy Standards 4.1 Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: Use hard structural erosion protection measures for control of erosion only where: Construction of a hard structure is the only practical design consideration and is essential to protectin~ the principal use. The proposed hard structural erosion protection measures are: a. limited to the minimum scale necessary b. based on sound engineering practices Practical vegetative methods have been included in the proiect design and implementation. Adequate mitigation is provided and maintained to ensure that there is no adverse impact to adjacent property or to natural coastal processes and natural resources and, if undertaken by a private property owner, does not incur significant direct or indirect public costs. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. MT/hkc Xlbert J. Krupski, Pre~t James King, Vice-Presid~at Henry Smith Artie Foster Ken Poliwoda BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631 ) 765-1892 Fex (631) 765-1366 Office Use Only · -~{~oastal Erosion Permit Application ~Wetland Permit Application ~- Major __Minor Waiver/Amendment/Changes .~Received Application: ~>/o~'[~)~ ~Received Fee:$ ~'~ _, , ~ompleted Application ~/~0~ Incomplete SEQRA Classification: Type I Type 11 Unlisted Coordination:(date sent) ~C~AC Referral Sent: ~[~--~-~ ~ of Inspection: (~ [~ Receipt of CAC Report: Lead Agency Determination: Technical Review: .~Public Hearing Held: t~ I ~t~[{JI Resolution: Name of ApplicantCYN1HIA POWI~ & RICHARD McKINNL~ Address44WEST77Dts~,APT- 8E, NEWYORK, NY 10024 Phone Number: 212-721-8121 Suffolk County Tax Map Number: 1 000 - 31-14-6 Property Location: 12340 MA1N ROAEgROJI~ 25, EAST MARION (provide LILCO Pole #, distance to cross streets, and location) AGENT: EN-CIDI~ULTANIS, INC. (If applicable) Address: 1319 NORTH SEA ROAD, SOJIHAI~v~-I1JN, NY 11968 Phone: 631-283-6360 Board of Trustees ApWcation GENERAL DATA Land Area (in square ~): 199,180 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): REMOVE FALLEN MAPLE AND BIRCH TREES FROM STORM-ERODED EMBANKMENT; EMPLACE GENERALLY ALONG TOE OF EMBANKMENT, BETWEEN EXISTING BULKHEAD AND CONCRETE RIP-RAP, APPROXIMATELY 84 LINEAR FEET OF I - 2 TON QUARRYSTONE TOE ARMOR OVER 50 - 100 LB. CORE STONE ON FILTER CLOTH; RENOURISH AND REVEGETATE ERODED BANK FACE USING APPROXIMATELY 50 CUBIC YARDS CLEAN SAND TO BE TRUCKED IN FROM AN UPLAND SOURCE AND PLANTED WITH CAPE AMERICAN BEACH GRASS (18" ON CENTER), ALL AS DEPICTED ON THE PROJECT PLAN PREPARED BY EN-CONSULTANTS, INC. DATED AUGUST 21, 2007. Board of Trustees Ap~ation WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: RESTORE & STABILIZE STORM-ERODED EMBANKMENT AND PROTECT STRUCTURE LOCATED IMMED[ATELY BEHIND lT. Area of wetlands on lot: 0 square feet Percent coverage of lot: 0 % Closest distance between nearest existing structure and upland edge of wetlands: N/A feet Closest distance between nearest proposed structure and upland edge of wetlands: N/A feet Does the project involve excavation or filling? 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: N/A feet Proposed slope throughout the area of operations: N/A Manner in which material will be removed or deposited: APPROXIMATELY 50 CUBIC YARDS CLEAN SAND WILL BE TRUCKED IN FROM AN UPLAND SOURCE AND USED TO RENOURISH EMBANKMENT TO BE REVEGETATED LANDWARD OF PROPOSED STONE TOE ARMOR. 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 MINIMIZE FURTHER EROSIONAL LOSS OF THE NATURALLY PROTECTIVE EMBANKMENT BY WAY OF A STRUCTURAL EROSION PROTECTION MEASURE WHOSE DESIGN IS LIMITED TO THE MINIMAL SCALE NECESSARY TO STEM FURTHER LOSS OF THE EMBANKMENT AND PREVENT FURTHER INCREASED RISK OF LOSS OF THE STRUCTURE LOCATED IMMEDIATELY BEHIND lT. THE DESIGN, WHICH ALSO INCORPORATES SAND RENOUR1SHMENT AND VEGETATIVE RESTORATION OF THE EMBANKMENT, WILL SERVE TO PROTECT THE ONLY UNPROTECTED PORTION OF SHORELINE LOCATED BETWEEN THE ADJACENT TIMBER BULKHEAD AND CONCRETE RIP-RAP PRESENT ON THE SUBJECT PROPERTY. WITHOUT THIS PROPOSED PROTECTION, THIS ONE UNPROTECTED AREA WILL REMA1N EXPOSED TO FURTHER EROSIONAL LOSS AND INCREASE THE RISK OF FLOODING AND LOSS OF THE ADJACENT STRUCTURE LOCATED BEHIND IT. THEREFORE, THE PROJECT WILL HAVE NO ADVERSE lMPACT ON THE ADJACENT TIDAL AREA AND IS IN FACT DESIGNED TO PREVENT FURTHER ADVERSE IMPACTS DUE TO EROSION. Board of Trustees Ap~ ~ation COASTAL EROSION APPLICATION DATA Purposes of proposed activity. RESTORE & STABILIZE STORM-ERODED EMBANKMENT AND PROTECT STRUCTURE LOCATED IMMEDIATELY BEH1ND IT. Are wetlands present within 100 feet of the proposed activity? No X Yes 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) Manner in which material will be removed or deposited: APPROXIMATELY 50 CUBIC YARDS CLEAN SAND WILL BE TRUCKED IN FROM AN UPLAND SOURCE AND USED TO RENOURISH EMBANKMENT TO BE REVEGETATED LANDWARD OF PROPOSED STONE TOE ARMOR. Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) THE PROJECT SEEKS TO MINIMIZE FURTHER EROSIONAL LOSS OF THE NATURALLY PROTECTIVE EMBANKMENT BY WAY OF A STRUCTURAL EROSION PROTECTION MEASURE WHOSE DESlGN IS LIMITED TO THE MINIMAL SCALE NECESSARY TO STEM FURTHER LOSS OF THE EMBANKMENT AND PREVENT FURTHER INCREASED RISK OF LOSS OF THE STRUCTURE LOCATED IMMEDIATELY BEHIND IT. THE DESIGN, WHICH ALSO INCORPORATES SAND RENOURISHMENT AND VEGETATIVE RESTORATION OF THE EMBANKMENT, WILL SERVE TO PROTECT THE ONLY UNPROTECTED PORTION OF SHORELINE LOCATED BETWEEN THE ADJACENT TIMBER BULKHEAD AND CONCRETE RIP-RAP PRESENT ON THE SUBJECT PROPERTY. WITHOUT THIS PROPOSED PROTECTION, THIS ONE UNPROTECTED AREA WILL REMAIN EXPOSED TO FURTHER EROSIONAL LOSS AND INCREASE THE RISK OF FLOODING AND LOSS OF THE ADJACENT STRUCTURE LOCATED BEHIND IT. THEREFORE, THE PROJECT WILL HAVE NO ADVERSE IMPACT ON THE ADJACENT TIDAL AREA AND IS 1N FACT DESIGNED TO PREVENT FURTHER ADVERSE IMPACTS DUE TO EROS1ON. 14-16-4 (2/87)--Text 2 PROJECT I.D. NUMBER SEQR 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: CYNTHIA POWER & RICHARD I 2. PROJECT NAME I McKINNEY BY EN-CONSULTANTS, INC. 3 PROJECT LOCATION: Municipality EAST MARION County SUFFOLK 4 PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc, or provide map) 12340 MAIN ROAD/ROUTE 25, EAST MARION, TOWN OF SOUTHOLD, SCTM #1000-31-14-6, MAP PROVIDED. §. IS PROPOSED AC [] ~ T[~N E,~pansion [] Modification/alteration 6 DESCRIBE PROJECT BRIEFLY: P-EMOVE FALLEN MAPLE AND BIRCH TREES FROM STORM-ERODED EMBANKMENT; EMPLACE GENERALLY ALONG FOE OF EMBANKMENT, BETWEEN EXISTING BULKHEAD AND CONCRETE RIP-RAP, APPROXIMATELY 84 LINEAR FEET OF 1 - 2 TON QUARRYSTONE TOE ARMOR OVER 50 - 100 LB. CORE STONE ON FlLTER CLOTH; RENOURISH AND REVEGETATE ERODED BANK FACE USING APPROXIMATELY 50 CUBIC YARDS CLEAN SAND TO BE TRUCKED 1N FROM AN UPLAND SOURCE AND PLANTED WITH CAPE AMERICAN BEACH GRASS (18" ON CENTER), ALL AS DEPICTED ON THE PROJECT PLAN PREPARED BY EN-CONSULTANTS, INC. DATED AUGUST 21, 2007. 8. WtLL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [~]Yes [] No If NO, describe briefly [] Residential [] Industrial [] Commercial [] Agriculture [] Park Forest/Open space [] Other DEC, CeE, DOS []Yes []N o Applicant/sponsor nam e ROI tERT E. HERIFdVIANN, COASTAL MANAGEMENT SPECIALIST D A T E AUGUST 24, 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 James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, 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 BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of thc Application of ..... COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING being duly sworn, depose and say: . That on the~ day of ~ , 200~I personally posted the property ~own ~ by placing ~c Bo~d df T~stecs o~cia~poster w~cr~ it c~ c~ily be seen, ~d that I have check~ to b~ s~c thc poster has rem~ncd in place for eight days prior to thc date of thc public h~ng. Date ofhc~ng noted thereon to bc held ~.. ~ $, ]~ ~ ~ 9 ' Dated: r~ ~ (si~am Sworn to before me this [q/-" day of~ 200 7 NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: CYNTHIA POWER& R1CHARDMcKINNEY SCTM#1000-- 31-14-6 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to Permit from the Board of Trustees to: request a REMOVE FALLEN MAPLE AND BIRCH TREES FROM STORM-ERODED EMBANKMENT; EMPLACE GENERALLY ALONG TOE OF EMBANKMENT, BETWEEN EXISTING BULKHEAD AND CONCRETE RIP-RAP, APPROXIMATELY 84 LINEAR FEET OF I - 2 TON QUARRYSTONE TOE ARMOR OVER 50 - 100 LB. CORE STONE ON FILTER CLOTH; RENOURISH AND REVEGETAT ERODED BANK FACE USING APPROXIMATELY 50 CUBIC YARDS CLEAN SAND TO BE TRUCKED IN FROM AN UPLAND SOURCE AND PLANTED WITH CAPE AMERICAN BEACH GRASS (18" ON CENTER), ALL AS DEPICTED ON THE PROJECT PLAN PREPARED BY EN-CONSULTANTS, 1NC. DATED AUGUST 21, 2007. 2. That the property which is the subject of Environmental Review-is located adjacent to your property and is described as follows: 12340 MAIN ROAD/ROUTE 25, EAST MARION 3. That the project which is subject to Environmental Review under Chapters 32, 37, or 97 of the Town Code is open to public conlment on:SEPTEMBERI9,2007~6:30pm 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. OWNERS NAME: CYNTHIA POWER & RICHARD McKINNEY MAILING ADDRESS: 44 WETS 77TH STREET, APT. 8E NEW YORK, NY 10024 PHONE #: 212-721-8121 Enc. : Copy of sketch or plan showing proposal for your convenience. 5 PROOF OF MAILING OF ATTACH CERTIFIED MAIL RECEIPTS Name: Address: RUTH ANN BRAMSON & OTHERS P.O. BOX 46 EAST MARION, NY 11939 SOFIA ANTONIADES P.O. BOX 413 EAST MARION, NY 11939 HELEN HARTOFELIS EAST MARiON QUALIFIED PERSONAL TRUST SONJA STEIN 5702 226TH STREET OAKLAND GARDENS, NY 11364 68 LONGRIDGE RAOD MANHASSET, NY 11030 STATE OF NEW YORK COUNTY OF SUFFOLK ROBERT E. HERRMANN doing business at EN-CONSULTANTS, 1NC. 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 , being duly sworn, deposes and says that on the 27th day of AUGUST ,2o 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) ~X~XYeV~) mail. Sworn to before me this 27th day of AUGUST ,20 07 COASTAL MANAGEMENT SPECIALIST nj r'- Postage Certified Fee Retain Receipt Fee (Eedorsement Required) Restricted Delivee/Fe~ (Endorsement Required Sonja Stc,,~ 68 Longridge Road "t Manhasset, NY 11030 "t nj r~- Postage Ceriified Fee nj r-i Return Receipt Fee ~ (Endorsement Required) D Restricted Delive~ Fee (Endorsemen{ Required) m, so.t ro Helen Hartofelis East Marion m [~t'.~ Qualified Personal Trust ........ ~ [.°i~.~ 5702 226th Street / Ruth A~ Br~son & Others P.O. Box 46 East M~ion, NY 11939 P Sofia Antoniades P.O. Box 413 East Marion, NY C Board of Trustees ApplOtion AUTHORIZATION print Owner of [property; ( mali~ng address do hereby authorize {Agent) to apply for permit(s) from the Southold Board of Town Trustees on my behalf. (Owner' s signature) C Board of Trustees Ap~ation County of Suffolk State of New York DEPOtI~S AN~D AFFIRMS TH,~T HE/SHE IS TI{E 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), Il~ 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. SWORN TO BEFORE ME THIS Notary-Public(/ APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics nrohibits conflicts of interest on the part of town offieer~ and emnlovees. The ~umose of iris form is to urovide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. (L~t name, first name, middle initial, ~mlass you are applying in the name of someone else or other entity, such as a company. If so, itidicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Change of Zone Approval of plat Exemption from plat or official map Other (If "Other", name the activity.) Do you personally (or through your company, ~ouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold7 "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a parmership, 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 t.~t~ares. YES NO If you answered "YE", complete the balance of thLq form and date and sign where indicated. Name of per, on employed by the Town of Southo? Title or position of that p~r~on Describe the relationship between yourself (the applieant/agent, trepresentative) and the town officer or employee. Either check the appropriate line A) through D) ancot 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 Lq a corporation); __B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a eorpuration); C) an officer, director, panner, or employee of the applicant; or __D) the actual applicant. DESCRIPTION OF KELATIONSHIP Submitted this __+.._~day of , 200 Print Name ~[,~c.~F~l~ v-~ / Albert J. Krupski, President James King, Vice-President Henry Smith Artie Foster Ken Poliwoda Town Hall 53095Main Road P.O. Box 1179 Southold, NewYork 11971 Telephone(516) 765-18~2 Fax(516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD February 24, 2000 Robert Herrmann En-Consultants Inc. 1329 North Sea Road Southampton NY 11968 RE: RONALD RYZOFF & BARBARA ANN MARCUS SCTM #31-14-6 Dear Rob, The following action was taken by the Southold Town Board of Trustees at their Regular Meeting on February 24, 2000: RESOLVED, that the Southold Town Board of Trustees grant a Waiver to construct a 10' X 19.5' wood deck landward of embankment and adjacent to existing stairs to beach with condition that 6" of turf be removed under the deck to allow for drainage and a copy of these deck plans submitted for file. Located: 12340 Main Road, East Marion.. However, this permit does other agencies. If you have any questions, not constitute any other permits from please call our office at 765-1892. Sincerely, Albert J. Krupski, Jr. President, Board of Trustees AJK/djh cc. Bldg. Dept. Town o~ Southold LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS I. Allapplicantsf0rpermits*includingT0wn0fS0uth01dagencies,shallc0mpletethisCCAF f0r proposed actions that are subject to the 'r0wn of Snuth01d W aterfr0nt C 0nsistency g eniew Law. This assessmentisintended to supplementotherinf0rmati0n used by aT0wn 0fS0uth01d agency in m a k in g a d e t e r m in a ti0 n 0 f c 0 n sis t e 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~ listing both supporting and non- suD~ortinu 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, libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 31 14 _ 6 PROJECT NAME CYNTHIA POWER & RICHARD McKINNEY The Application has been submitted to (check appropriate response): t~ca] [--] Planning Board~] Building Dept. [~] Board of Trustees Town Board Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital [ I construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) I I (c) Permit, approval, license, certification: Nature and extent of action: REMOVE FALLEN MAPLE AND BIRCH TREES FROM STORM-ERODED EMBANKMENT; EMPLACE GENERALLY ALONG TOE OF EMBANKMENT, BETWEEN EX1STING BULKHEAD AND CONCRETE RIP-RAP, APPROXIMATELY 84 LINEAR FEET OF I - 2 TON QUARRYSTONE TOE ARMOR OVER 50 - 100 LB. CORE STONE ON FILTER CLOTH; RENOURISH AND REVEGETATE ERODED BANK FACE USING APPROXIMATELY 50 CUBIC YARDS CLEAN SAND TO BE TRUCKED IN FROM AN UPLAND SOURCE AND PLANTED WITH CAPE AMERICAN BEACH GRASS (18" ON CENTER), ALL AS DEPICTED ON THE PROJECT PLAN PREPARED BY EN-CONSULTANTS, INC. DATED AUGUST 21, 2007. Location of action: 12340 MAIN ROAD/ROUTE 25, EAST MARION Site acreage: 4.573 ACRES Present land use: RESIDENTIAL Present zoning classification: R-40 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: CYNTHIA POWER & RICHARD McKINNEY (b) Mailing address: 44 WEST 77TH STREET, APT. 8E NEW YORK, NY 10024 (c) Telephone number: Area Code212-721-8121 (d) Application number, if any:. Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ['--] No [~ If yes, which state or federal agency? 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 V'~ Yes ~ No [~ Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southoid. 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 THE PROJECT IS CONSISTENT WITH POLICY 4 BECAUSE 1T SEEKS TO MINIMIZE FURTHER EROSIONAL LOSS OF THE NATURALLY PROTECTIVE EMBANKMENT BY WAY OF A STRUCTURAL EROSION PROTECTION MEASURE WHOSE DESIGN IS LIMITED TO THE MINIMAL SCALE NECESSARY TO STEM FURTHER LOSS OF THE EMBANKMENT AND PREVENT FURTHER INCREASED RISK OF LOSS OF THE STRUCTURE LOCATED IMMEDIATELY BEHIND IT. THE DESIGN, WHICH ALSO INCORPORATES SAND RENOUR1SHMENT AND VEGETATIVE RESTORATION OF THE EMBANKMENT, WILL SERVE TO PROTECT THE ONLY UNPROTECTED PORTION OF SHORELINE LOCATED BETWEEN THE ADJACENT T1MBER BULKHEAD AND CONCRETE RIP-RAP PRESENT ON THE SUBJECT PROPERTY. WITHOUT THIS PROPOSED PROTECTION, THIS ONE UNPROTECTED AREA WILL REMAIN EXPOSED TO FURTHER EROSIONAL LOSS AND INCREASE THE RISK OF FLOODING AND LOSS OF THE ADJACENT STRUCTURE LOCATED BEHIND IT. 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 INSOFAR AS POLICY 9 IS APPLICABLE TO THE PROPOSED PROJECT, THE PROJECT IS CONSISTENT THEREWITH, AS ITS MINIMAL AND NATURAL SCALE WILL NOT INTERFERE WITH PUBLIC ACCESS ALONG THE SHORELINE. Attach additional sheets if necessary WORKING COAST POLICIES ~P~licy' 10. Protect Southola~aater-dependent uses and promoteQing of new water-dependent suitable locations. See LWRP Section IH - Policies; Pages 47 through 56 for evaluation criteria. ~ Yes [---] No [~ Not Applicable uses in 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 ['-q No [5~ 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 [5~ 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. [---1 Yes ~] No [5~ Not Applicable PREPARED BY ~ . -_. ROBERT E.'~IERRMANN TITLE COASTAL MGMT SPECIALIST DATE 8/24/07 Amended on 8/1/05 EN-CONSULTANTS, INC. 1319 Nodh Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www.enconsultants.com ENVIRONMENTAL CONSULTING August 27, 2007 Town of Southold Board of Trustees 54375 Main Road Post Office Box 1179 Southold, New York 11971 Attn.: Lauren Standish Southold lown Board oi lrust~es Cynthia Power & Richard McKinney 12340 Main Road/Route 25, East Marion SCTM # 1000-31-14-6 Dear Ms. Standish: In regard to the above referenced property, enclosed are the following for the Board of Trustees review: Three (3) Wetland Permit & Coastal Erosion Applications including a) Short Environmental Assessment Form; b) Authorization & Disclosure Forms; and c) project plans; d) surveys One (1) set of site photographs. Application fee of $500.00 wetlands. Three (3) LWRP Consistency Assessment Forms including a) project plans. I trust this information shall allow you to process our permit request. Should any additional information be required, please do not hesitate to contact our office. Enc. ~AST ARION EN.CONSULTANTS, INC. 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 631-283-6360 © R I, Purpo~c: of' ~t. orrn-¢r~c~ 2, Pl~ [2glum: M.q.; Prof'll¢ P~um: A, DW 5, l'op~raphq ~rgrr~rib~d from 28 Jur~ 2007 ~rvcq N Nath~ f~. C.~rwl~ 111, L,D, 4, ~ t~ armor ~ c~I~ ~F I - 2 tz~ ~tu~rrq~tz~ i~w~ ~ ~ ~, which I~ ~ ~ r~w~ wl~ C~ ~crl~ ~ ff~ (18TM O,C,) 80' PROPOSED WORK SITE: SEE SHEET 2 FOR 1" = .30' PLAN VIEW OF PROPO - GARDINER$ BA y/ORIENT ~OR ?ROPO~R 5fONF:::: fOP. ARMOR 1~51'01~110N FOR CYI~rHIA & RIC~ MCKINNP. Y ON ORII~NI' H/~OR, P. A51' M/~ION, 5UPPObK COIJNfY, NY ~P-fl OF 2 8-21-07, 10-50-07 PLAN VIEW OF PROPO, STONE TOE ARMOR AND BANK RESTORATION ' ADJ. BLKHD. 1" = 30' ERO! ED BANK OF BANK BANK FACE TO BE 50 CY CLEAN SAND REVEGETATED WITH BEACH GRt 5.5' x 11' PLATFORM & 5.5' x STEPS TO BE RECONSTRUCTED DECK FOOTINGS TO BE REPLACED/RESET (IN-PLACE) 16' (IK/IP) \RMOR AHW LIMIT OF EX. CONCRETE ;TORM-FELLED MAPLE AND BIRCH TREES TO BE REMOVED PROPOSED 1 - 2 TON ALW Q UARRYSTON~~OI~---- EX. CONCRETE RIP-RAP IN FRONT OF DECK RESTORED (IN-PLACE), COVERED WITH SAND, AND REPLANTED WITH BEACH GRASS TO BE GARDINERZ BAY ORIENT HARBOR " MAIN ROAD (S R S 88"23'30" t m,uw ~0. 170.23' WERE N 85'55'40" E 83.82' SURVEY OF PROPERTY SITUATE EAST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-,31-14-06 SCALE 1"--,30' JUNE 28, 2007 AREA = 199,180 sq. ff. (TO TIE LINE) 4.573 aC. / / NOTES: 1. ELEVATIONS ARE REFERENCED TO N.G.V,D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:~o EXISTING CONTOUR LINES ARE SHOWN THUS: ..... THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED, N.Y,S. Lic, No, 50467 Nathan Taft Corwmn III Land Surveyor PHONE (631)727-2090 OFFICE5 LOCATED AT 522 Roonoke Avenue Rrverheod, New York 11901 Fox (631)727-1727