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Home My WebLink AboutTR-6786 James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town H~lAnnex 54375MainRoad P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OFTOWNTRUSTEES TOWN OFSOUTHOLD CERTIFICATE OF COMPLIANCE # 0442C Date June 23, 2009 THIS CERTIFIES that the bulkhead with vinyl sheathing and one return~ wood retaining wall, wood stairs and landing, and non-turf area between bulkhead and retaining wall At 750 Lupton Point Rd., Mattituck Suffolk County Tax Map #115-11-17 Conforms to the application for a Trustees Permit heretofore filed in this office dated 11/16/,07 pursuant to which Trustees Wetland Permit #6786 Dated 12/12/07 was issued and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for a bulkhead with vinyl sheathin~ and one return, wood retainlne wall, wood stairs and landing, and non-turf area between bulkhead and retaining wall. The certificate is issued to MICHAEL MITCHELL owner of the aforesaid property. Authorized Signature James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631 ) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DATE OF INSPECTION: 275 Ch. 111 INSPECTION SCHEDULE Pre-construction, hay bale line/silt boom/silt curtain 1st day of construction ½ constructed Project complete, compliance inspection. INSPECTED BY: COMMENTS: CERTIFICATE OF COMPLIANCE: James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghos±o, 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 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 p/rc°nstructed oject complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6786 DATE: DECEMBER 12~ 2007 ISSUED TO: MICHAEL MITCHELL PROPERTY ADDRESS: 750 LUPTON POINT ROAD~ MATTITUCK SCTM# 115-11-17 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 December 12, 2007, and in consideration of application fee in the sum of $250.00 paid by Michael Mitchell 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 a new bulkhead 96'+/- with vinyl sheathing in a location landward of the existing bulkhead and as close as is practical to the existing bulkhead; construct a new return 11'+/- with vinyl sheathing at west end of new bulkhead in the same location as the existing return. Excavate area behind existing bulkhead as necessary to place new piles, sheathing, and anchoring components. Reconstruct 88'+/- of existing wood retaining wall landward of the bulkhead in-kind/in-place. Reconstruct existing 4' x 12' wood stairs and landing landward of the bulkhead in-kind/in-place. Place an estimated 20 cubic yards of clean soil/sand behind new bulkhead, new return and new retaining wall to replace material previously lost to wash-out, with the condition that the area between the bulkhead and retaining wall remain non-turf and the removal of the old bulkhead or cut it to grade, and as depicted on the project plan prepared by Proper-T Permit Services, last dated November 12, 2007, and received on November 16, 2007. 1N 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. TERMS AND CONDITIONS The Permittee Michael Mitchell, residing at 750 Lupton Point Road, Mattituck, 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 damagesi 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, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 December 12, 2007 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. James E. Fitzgerald, Jr. Proper-T Permit Services P.O. Box 617 Cutchogue, NY 11935 RE: MICHAEL MITCHELL 750 LUPTON POINT ROAD, MATTITUCK SCTM# 115-11-17 Dear Mr. Fitzgerald, Jr.: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, December 12, 2007 regarding the above matter: WHEREAS, Proper-T Permit Services on behalf of MICHAEL MITCHELL applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town C~)de, the Wetland Ordinance of the Town of Southold, appliCation dated November 16, 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 December 12, 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 ques'don 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 approve the application of MICHAEL MITCHELL to construct a new bulkhead 96'+/- with vinyl sheathing in a location landward of the existing bulkhead and as close as is practical to the existing bulkhead; construct a new return 11 '+/- with vinyl sheathing at west end of new bulkhead in the same location as the existing return. Excavate area behind existing bulkhead as necessary to place new piles, sheathing, and anchoring components. Reconstruct 88'+/- of existing wood retaining wall landward of the bulkhead in-kind/in-place. Reconstruct existing 4' x 12' wood stairs and landing landward of the bulkhead in- kind/in-place. Place an estimated 20 cubic yards of clean soil/sand behind new bulkhead, new re'turn and new retaining wall to replace material previously lost to wash- out, with the condition that the area between the bulkhead and retaining wall remain non-turf and the removal of the old bulkhead or cut it to grade, and as depicted on the project plan prepared by Proper-T Permit Services, last dated November 12, 2007, and received on November 16, 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, JaCmes 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 53095Route 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 that your application dated /(,~u~'~(oe-( ,/~j ~O~::) ? has been reviewed by this Board at the regular meeting of "~-~¢,~- Ic~, ~,~O? 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) ½. Constructed ($50.00) ~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 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: 1/' [-,)g-~'""~ Proper-I Permit Services on behalf of MICHAEl. blITi~HEI. I- requests a Wetland Permit to re- sheath 96' of existing wood bulkhead and 11' of return with vinyl sheathing on the seaward side, leaving existing sheathing in place. Remove only those existing 3"-4" piles as necessary to accommodate the configuration of the vinyl sheathing. Excavate area behind existing bulkhead as necessary to place anchoring components. Reconstruct 88' of existing wood retaining wall landward of bulkhead inkind/inplace. ~,qae of area to be impacted: Saltwater Wetland Freshwater Wetland Sotmd Bay Distance of proposed work to edge of above: Pa~0f Town Code proposed work falls under: -Chapt.275 Chapt. 111 other Type of Application: Info needed: Wetland __Coastal Erosion __Amendment ~Administrative __Emergency Pre-Submission Violation Planning Modifications: Conditions: Present Were: ~J.King ~J.Doherty ~P~.Dickerson ~. Bergen ~Ghosio, Jr H. Cusaek D. Dzenkowski Mark Terry~other Form filled out in the field by Mailed/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 (631 ) 765-1892 Fax (631) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., October 10, 2007, the following recommendation was made: Moved by Don Wilder, seconded by Jack McGreevy, it was RESOLVED to SUPPORT the Wetland Permit application of MICHAEL MITCHELL to re- sheath 96' of existing wood bulkhead and 11' of return with vinyl sheathing on the seaward side, leaving existing sheathing in place. Remove only those existing 3"-4" piles as necessary to accommodate the configuration of the vinyl sheathing. Excavate area behind existing bulkhead as necessary to place anchoring components. Reconstruct 88' of existing wood retaining wall landward of bulkhead inkind/inplace. Reconstruct existing 4'X 12' wood stairs and landing landward of the bulkhead inkind/inplace. Place an estimated 20 cy. maximum of clean soil/sand behind re-sheathed bulkhead and reconstructed retaining wall to replace material lost to wash-out before proposed operations. Located: 750 Lupton Point Rd., Mattituck. SCTM#115-11-17 Inspected by: Chris Kempner The CAC Supports the application with the Condition of a 10' non-turf buffer. Vote of Council: Ayes: Don Wilder, Peter Young, Doug Hardy, Jack McGreevy Motion Carried Recused: James Eckert PHOTO A: Looking WSW. Return is beyond boat, hidden by vegeta- tion. Note retaining wall above bulkhead. (1/12/07 at 1415 hrs) PHOTO B: Looking WSW. Return is beyond boat, hidden by vegeta- tion. Note retaining wall above bulkhead. (1/12/07 at 1415 hrs) PROJECT SITE PHOTOS Application regarding the property of Michael Mitchell, SCTM #1000-115-11-17 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY I 1935 James E. Fitzgerald, Jr. 631-734-5800 January 12, 2007 EA CUTCH HARBOR THE AREA OF THE PROPOSED PROJECT IS CIRCLED NEW SUFFOLK NORTH RACE CORPS OF ENGINEERS DATA PURPOSE: Resheath existing bulkhead to maintain erosion control structure; reconstruct retaining wall in-kind in-place. DATUM: MLW IN: Deep Hole Creek AT: Mattituck COUNTY: Suffolk STATE: New York VICINITY MAP Application regarding the property of Michael Mitchell, SCTM #1000-115-11-17 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 February 15, 2007 THE SITE OF THE PROPOSED PROJECT IS SHADED CORPS OF ENGINEERS DATA PURPOSE: Resheath existing bulkhead to maintain erosion control structure; reconstruct retaining wall in-kind in-place. IN: Deep Hole Creek DATUM: MLW AT: Mattituck TAX MAP Application regarding the property of Michael Mitchell, SCTM #1000-115-11-17 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 February 15, 2007 [ Proper-T Permit Services P.O. Box 617, Cutchogue NY 11935 Phone: 631-734-5800 Fax: 631-734-7463 MEMORANDUM TO: Lauren - Trustees' Office FROM: Jim Fitzgerald SUBJECT: Mitchell; SCTM #1000-115-11-17 DATE: Feb 15, 2008 Here is a check for $50 to cover the "Final Inspection" fee. In addition, I am attaching copies of the Project Plan drawing which has been revised in ac- cordance with the DEC's Notice of Incomplete Application dated 12/11/07. The revisions only involve the inclusion of additional information on the Project Plan; there is no change in the project as approved by the Trustees. Further, the additional information required by the Trustees has been added: the 15' non-tuff buffer is shown, and the method of removal of the existing bulkhead is indicated. Attachments: Final inspection fee, check $50 Copy of Trustees' "bill" Copy of DEC NIA, 12/11/07 Project Plan, Revised January 10, 2008 (3 copies) Section View, Revised 12/21/07 (3 copies) New York State Department of Environmental Conservation Notice of Incomplete Application - This is NOT a permit Application ID: 1-4738-02287/00003 Batch Number: 988638 Facility: MITCHELL PROPERTY 750 LUPTON POINT RD[SCTM# I000-115-11~17 & 18 . MATTITUCK, NY 11952 Contact: PROPER-T PERMIT SERVICES PO BOX 617 CUTCHOGUE, NY 11935 OwnerID: 1474277 Permit(s) Applied for: 1 - Article 15 Title 5 Excavation & Fill in Navigable Waters 1 - Article 25 Tidal Wetlands 1 - Section 401 - Clean Water Act Water Quality Certification Project Location: in SOUTHOLD in SUFFOLK COUNTY Your application for Permit is incomplete. The following items are required: 1. Project plans must depict existing and proposed structures and conditions at the site. a. The site plan must label the distance between the ends of the proposed bulkhead and an existing structure. b. The cross section must be revised to show the existing bulkhead to be removed and label the distance fi.om the new bulkhead to an existing s[mcture. c. The cross section must be revised to show the limits of backfill. d. The cross section must be revised to show the retaining wall, stairs and landing to be reconstructed. ' Please revise the site plan and cross section as described above and submit 5 copies of revised plans to my attention. Please submit requested information by No further action can he taken until all of these materials are received. Contact Person: CLAIRE K WERNER NYSDEC SUNY ~ STONY BROOK[50 CIRCLE RD STONY BROOK, NY 11790 Date: December 11, 2007 Telephone Number: (631) 444-0372 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southald, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF $OUTHOLD MEMORANDUM To: James King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner (~ LWRP Coordinator Date: November 28, 2007 NOV 2 8 7 Southhold Town Board of Trustee~ Re: Request for Wetland Permit for Michael Mitchell SCTM# 115-11-17 Michael Mitchell requests a wetland permit to construct a new bulkhead 96'+/- with vinyl sheathing in a location landward of the existing bulkhead and as close as is practical to the existing bulkhead; construct new return 11 '+/- with vinyl sheathing at west end of new bulkhead in the same location as the existing return; excavate area behind existing bulkhead as necessary to place new piles, sheathing, and anchoring components; reconstruct 88+/- of existing wood retaining wall landward of bulkhead in-kind in-place. Reconstruct existing 4' x 12' wood stairs and landing landward of the bulkhead in kind in place. Place an estimated 20 cu. yds. of clean soil/sand behind new bulkhead, new return, and new retaining wall to replace material previously lost to wash-out. Located: 750 Lupton Point Rd., Mattituck. SCTM#115-11-17 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 which states: "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 ". MT/hkc Proper- T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 November 16, 2007 President Board of Town Trustees Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Re: AMENDMENT to Application; Michael Mitchell, SCTM # 1000-115-11-17 Dear Sir: Attached are documents which have been prepared in support of a request for certain changes in the previously submitted application. The basic plan has been changed, as the Trustees suggested, to provide for the replacement of the bulkhead at a location landward of the existing bulkhead, with the subsequent removal of the existing bulkhead. All the documents which have changed from those included in the original application as a result of this amendment have been revised and are attached. Also, please note that the bulkhead extends onto an adjacent property (James Williams, SCTM #1000-115-11-16), and a project to replace the bulkhead on the adjacent property is the subject of a separate application and amendment. If there are any questions, or if additional information is needed, please call me. Sincerely, /~ames, L Fitzgeraly~l( Enclosures: Application Form (3 copies) LWRP Consistency Assessment Form (3 copies) Short EAF (3 copies) Project Plan (3 copies) Section View (3 copies) a subsidiary of THE PECONIC EASTERN CORPORATION Albert J. K~. pski, President James King, Vice-President Attic Foster ~ Ken Poliwoda Peggy ~ Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES ... TOWN OF SOUTHOLD Office Use Only Coastal Erosion Pemait Application Wetland Permit Application -~ajor __ Waiver/Amendment/.Cllanges .- oei ed^pp ca o : /11170') Received Fee:$ Completed Application. Incomplete SEQRA Classitication: Type I Type ff Unlisted Cooral-ation:(date sent) CAC Refennl Sent: _,3a~oft~peolio~ / ?,\~c9 Receipt of CAC Report: ' Lead Agency Determination:__ Tectmical Rexfew: .-'P~blie HearingHekl: lO-~/glO) Resolution: Minor Name of Applicant Address AMENDED APPLICATION Michael Mitchell 750 Lupton Point:,Road, Mattituck Phone Number:( ) 631-298-1893 Suffolk County Tax Map Number: 1000- 115-11-17 Property Location: 750 Lupton Point Road, Mattituck (provide LILCO Pole #, distance to cross streets, and location) AGENT: James E. Fitzgerald, Jr. / Proper-T Peimit Services PO Box 617 Cutchogue, NY 11935 631-734-5800 Board of Trustees Applicat~on Land Area (in square feet): Area Zoning: GENERAL DATA 42,276 R-40 Previous use of property: Intended use of property: SFD SFD Prior permits/approvals for site inaprovements: Agency Date X No prior permits/approvals for site improyements. None known. Prior owner may have applied. Has any permit/approval ever been revoked or suspended by a governmental agency?. X No Yes If yes, provide explanation: PROJECT DESCRIPTION: Construct new bulkhead 96'± with vinyl sheathing in a location landward of the existing bulkhead and as close as is practical to the existing bnlkhead; con- struct new return 11'±' with vinyl sheathing at west end of new bulkhead in the same location as the existing return. Excavate area behind existing bulkhead as necessary to place new piles, sheathing, and anchoring components. Reconstruct 88'± of existing wood retaining wall landward of bulkhead in-kind in-place. Reconstruct existing 4' x 12' wood stairs and landing landward of the bulkhead in-kind in-place. Place an estimated 20 cu. yds. of clean soil/sand behlnd new bulkhead, new return and new retaining wall to replace material previ- ously lost to wash-out. Board of Trustees Applica~on WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose 0fthe proposed operations: Maintain erosion control structures. Area ofwet~nds on lot: 900 square feet approx Percent coverage of lot: 2 % approx Closest distance between nearest existing structure and upland edge of wetlands: - 0- feet Closest distance between nearest proposed structure and upland edge of wetlands: - 0- feet Does the project involve excavation or filling? No X . Yes If yes, how much material will be excavated? 5 ( cubic yards How much material will be filled? 5 6' cubic yards Depth of which material will be removed or deposited: 3 Proposed slope throughout the area of operations: - O- Manner in which material will be removed or deposited: ~et approx backhoe Statement of the effect, if any, on the wetlands and tidal waters of the town that may remit by reason of such proposed 6perations (use attachments if appropriate): It is expected that the project will have no significant effect on the wetlands and tidal waters of the Town. 617.20 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. APPUCANT/SPONSOR I 2. PROJECT NAME Samcs E. Fitzgerald, Jr. - Proper-T Permit Services I Mitchell bulkhead 3. PROJECT LOCATION: Municipality Mattituck County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 750 Lupton Point Road See attached maps. Mattimck, NY 11952 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 6. PROJECT DE~ON: Co~smmt ncw bu. lld]and 96% wi& ~ sheathing in a Ioc. a~on landward of thc existing bulldtcad and as close i asls practica~ tothecxistingbuHdicad; constnmt newmttun ll'±withvinyl shanlhlngat west end ofnewbulkhandin the smme lanafion as thc cxisting return. Excavate area beKmd existing bulkhead as necessary to place new pries, sheathing, and anchoring components. Recon- struct 88'a= of existing wood retaining wall landward of bulktteed in-kind in-place. Reconstruct cxisfing 4' x 12' wood stairs and landing lmdward of the bulldmad in-ldnd in-place. Place an ~timated 20 cu. yds. of clean soil/sand b~hind new bulkhead, new return and new retoinin~wall to replace mata'ial pmvioanb/lost to wash-out. 7. AMOUNT OF LAND AFFECTED: Initially less ttmn 0.1 ac~es Ultimately N/A 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? [] Residential [] Industrial [] Commemial Describe: Medium-size private waterfront residences. [] Agriculture [] Park/Forest/Open Space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? ~ Yes [~ No If Yes, list agency(s) name and permit/approvals: NYSDEC, NYSDOS, USACE, Trustees 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? []Yes ~]No I CERTIFY THAT ~OI ~.-IeN-PROVIDEI~OVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor~ JanlesF.~tzg~ .Jr. .-//~A Date: I fthet, ion is,n the ista A.,, snd yo,.ro s stat,,gency, comp ste th, I I COastal Assessment Form before proceeding with this assessment OVER t Reset AFFIDAVIT OF MAIL1NG TO THE SOUTHOLD BOARD OF TOWN TRUSTEES IN THE MATTER OF THE APPLICATION OF: James Williams STATE OF NEW YORK COUNTY OF SUFFOLK James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue, NY 11935, being duly sworn, deposes and says that on the 30th day of November, 2007, deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown in the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Cutchogue, NY 11935, that said Notices were mailed to each of said persons by Certified Mail/Return Receipt Re- quested. ~ J~)~s E. Fitzgerald, J Sworn to before me this 12th day of December, 2007 TO: Date:~ovember 29, 2007 Adjacent Property Owners (Names and addresses are listed on the attached sheet.) BOARD OF TRUSTEES, TOWN OF SOUTHOLD NOTICE TO ADJACENT PROPERTY OWNER In the matter of: Stephen Matteini, SCTM #1000-26-2-22 YOU ARE HEREBY GIVEN NOTICE THAT: 1. An application is being submitted to the Board of Trustees for a permit to: Construct new bulkhead 102'± with vinyl sheathing in a location landward of the existing bulkhead and as close as is practical to the existing bulkhead; construct new return 15'± with vinyl sheathing at east end of new bulkhead in the same location as the existing return. Excavate area behind existing bulkhead as necessary to place new piles, sheathing, and anchoring components. Place an estimated 20 cu. yds. of clean soil/sand behind new bulkhead and new return to replace material previously lost to wash-out. o The project described above is proposed on property adjacent to yours. The street ad- dress of that property is as follows: 850 Lupton Point Road, Mattituck, NY 11952 The project, which is subject to Enviromental Review under Chapters 96, 111, or 275 of the Town Code, is open to public comment. A public hearing will be held at Town Hall, 53095 Main Road, Southold, New York 11971 at or about 6:00 PM on Wednesday, December 12, 2007. If you wish to comment you may call the office (631-765-1892), or applications may be reviewed and comments may be submitted in writing up to 24 hours prior to the hearing. The project described above will be reviewed by the Board of Trustees of the Town of Southold. The project may require independent review and approval by other agencies of the Town, State, or Federal governments. PROPERTY OWNER'S NAME: CONTACT PERSON: James Williams James E. Fitzgerald, Jr. Proper-T Permit Services PO Box 617 Cutchogue, NY 11935 631-734-5800 A copy of a sketch or plan showing the proposed project is enclosed for your convenience. Revised November 30, 2007 JAMES WILLIAMS: ADJACENT PROPERTY OWNERS NOTICE NOT SENT (PROPERTY OWNER) 1000-115-11-16 James & Michelle Williams 200 E. 94h Street, Apt 3015 New York, NY 10128 NOTICE SENT 1000-115-11-5 Kreiling Family 2007 Irr Trs 855 Lupton Point Road PO Box 757 Mattimck, NY 11952 1000-115-11-15 William & Bernice Markel 950 Lupton Point Road Mattituck, NY 11952 1000-115-11-18.1 Michael & Janet Mitchell 750 Lupron Point Road Mattituck, NY 11952 0"' 5~. m>. STREET ADDRESS OF PROJECT SITE: 850 LUPTON POINT ROAD MA'I-rlTUCK, NY 11952 1000-115-11-16 JAMES & MICHELLE WILLIAMS 200 E. 49TM STREET, APT 3015 NEW YORK, NY 10128 NEW 102'+ BULKHEAD TO BE CONSTRUCTED LANDWARD OF EXISTING BULKHEAD BULKHEAD IS CONTINUED FROM PROPERTY TO THE fWEST AS SEPARATELY AP- /PLIED FOR REMOVED UPON COMPLETION · OF NEVV BULKHEAD IN LAND- ~ ~ ~ ~ WARD LOCATION DEEP HOLE CREEK NEW 15'~ RETURN TO BE CONSTRUCTED IN SAME LOCATION AS EXISTING RETURN uJ SCALE: 1" = 20' ' CORPS OF ENGINEERS DATA PURPOSE: Replace existing bulkhead to maintain erosion control structure; reconstruct retaiaing wall in-kind in-place. DATUM: MLW IN: Deep Hole Creek AT: Mattituck COUNTY: Suffolk STATE: New York PROJECT PLAN Application regarding the property of James Williams, SCTM #1000-115-11-16 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 Revised November 12, 2007 AFFIDAVIT OF POSTING TO THE SOUTHOLD BOARD OF TOWN TRUSTEES IN THE MATTER OF THE APPLICATION OF: James Williams STATE OF NEW YORK COUNTY OF SUFFOLK I, James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue, NY 11935, being duly sworn, depose and say that on the 30th day of November, 2007, I personally posted the property known as 850 Lupton Point Road, Mattituck, New York 11952, 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 re- mained in place for eight days prior to the date of the public hearing, which date is noted thereon to be Wednesday, December 12, 2007 at or about 6:00 PM. Sworn to before me this 12th day of December, 2007 Revised November 12, 2007 APPLICANT: MICHAEL MITCHELL SCTM #: 1000-115-11-17 LWRP CONSISTENCY ASSESSMENT FORM Policy 1 Foster a pattern of development in the Town of Southold that enhances com- munity character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. [] YES ~O [] NOT APPLICABLE The replacement of an existing bulkhead is not inconsistent with the character of the waterfront community, and became of the relatively small size of the existing bulkhead and the proposed replacement it is felt that there is no adverse impact on the desired preservation of open space. Infrastructure use is not a factor since the project is accessory to and accessed fi-om private property. The maintenance of the erosion control purpose of the bulkhead is certainly a beneficial use of the coastal location, and the incremental increase, if any, in development in the area is insig- nificant. Policy 2 [ YEs Preserve historic resources of the Town of Southold. ~ffO [] NOT APPLICABLE There is no evidence to indicate that the immediate area of the project includes his- toric features, and it is to be expected that the mainly intertidal nature of the project area is unlikely to have been the site of recoverable artifacts of past civilizations. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold. []YEs it[o [] OTAPmcABI The bulkhead replacement, and the existing bulkhead, are both of low profile, as are the other existing structures, and will be inconspicuous in the proposed loca- tion. They are compatible with other existing shoreline slxuctures in the area, and will not adversely affect the dynamic landscape elements (tidal fluctuations, sea- sonal vegetation changes; seasonal/diurnal changes in ambient light) which might conlribute to ephemeral visual qualities. Policy 4 Minimize loss of life, structures, and natural resources from flooding and ero- SIOR. [] YES ~NO [] NOT APPLICABLE It is intuitively obvious that the likelihood of the proposed project or the resulting replacement bulkhead contributing to increased hazards which could result in the loss of life is probably non-existent. The proposed bulkhead replacement will have a significant positive effect on the protection of structures and natural resources from flooding and erosion in that the existing bulkhead, which currently provides those features, is tending toward failure and its replacement is required in order that these protective features continue in effect. Policy 5 Protect and improve water quality and supply in the Town of Southold. [] YES ~O [] NOT APPLICABLE The proposed bulkhead replacement project will minimize any wash-out of soil or sand through the bulkhead by eliminaling openings in the bulkhead and by the in- clusion of a suitable marine filter cloth in the proposed structure. Disturbance of the creek bed seaward of a line parallel to the bulkhead and ten feet from the bulk- head during construction of the structure will be minimal, and after construction is complete there will be no effect. The use of vinyl sheathing to replace the existing wood strncture will eliminate the possibility of potentially harmful chemicals leaching from txeated wood. Policy 6 Protect and restore the quality and function of the Town of Southold's ecosys- tem. [] YEs [] NOT APPLICABL During conslruction, all indigenous plants will be protected insofar as possible. All statutory and regulatory requirements, at all levels of government, will be strictly complied with. The project is not located in a Significant Coastal Fish and Wildlife Habitat. There will be no structural intrusion into the wetlands. The design proposes the construc- tion of the new bulkhead landward of, and as close as is practical, the existing bulkhead which will be left in place during the construction of the new bulkhead. When construction of the new bulkhead is complete, the existing old bnlkhead will be removed. The northern shore of Deep Hole Creek in the project area is highly developed with private waterfront residences. There will be no incremental increase in shore- line development attributable to the proposed project, and it is not significant from the standpoint of a potential adverse impact upon wildlife, shellfish or finfish. The area above the high water mark in the vicinity of the project is not suitable for least tern or piping plover nesting, and there are no osprey nesting sites in the im- mediate area_ Diamondback terrapin have not been observed in or near the project location. The project will have no adverse effect upon existing tidal patterns and there will be no degradation of water quality. Policy 7 [] YES Protect and improve air quality in the Town of Southold. ~O [] NOT APPLICABLE The construction or use of the project as proposed, and its use upon completion, will not result in significant mounts of new air pollution.. Policy 8 [] YEs Minimize environmental degradation in the Town of Southold from solid waste and hazardous substances and wastes. ~NO [] NOT APPLICABLE The project as proposed will not result in the generation of any artdlfional solid waste. The handling and storage of petroleum products, if any, will be accom- plished through the use of approved containers and facilities, and approved meth- ods of handling and storage will be followed. Policy 9 Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. [] YES [] NO ~OT APPLICABLE This policy is not applicable to the proposed project. Policy 10 Protect Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. [] YES [] NO [~OT APPLICABLE This policy is not applicable to the proposed project. PoHcyll [] Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. [] NO ~OT APPLICABLE This policy is not applicable to the proposed project. Policy 12 Protect agricultural lands in the Town of Southold. [] YES [] NO ~OT APPLICABLE This policy is not applicable to the proposed project. Proper- T Permit Services P.O. Box 617, Cutchogue NY 11935 Phone: 631-734-5800 Fax: 631-734-7463 MEMORANDUM DATE: November 13, 2007 TO: FROM: Lauren - Trustees Office Jim Fitzgerald SUBJECT: Michael Mitchell; SCTM #1000-115-11-18.1 Please postpone the public hearing on this application tmtil the December 2007 meeting. The application for the replacement of the bulkhead on the adjoining property to the east (James Williams, SCTM #1000-115-I 1-16) should be reviewed and acted upon by the Trus- tees at the same time. Pages attached: None 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 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To: James King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner fag' LWRP Coordinator Date: October 9, 2007 OCT - 9 2007 Southhold Town Board of Trustees Re: Request for Wetland Permit for Michael Mitchell SCTM# 115-11-17 Proper-T Permit Services on behalf of MICHAEL MITCHELL requests a Wetland Permit to m-sheath 96' of existing wood bulkhead and 11' of return with vinyl sheathing on the seaward side, leaving existing sheathing in place. Remove only those existing 3"-4" piles as necessary to accommodate the configuration of the vinyl sheathing. Excavate area behind existing bulkhead as necessary to place anchoring components. Reconstruct 88' of existing wood retaining wall landward of bulkhead inkind/inplace. Reconstruct existing 4'X 12' wood stairs and landing landward of the bulkhead inkind/inplace. Place an estimated 20 cy. maximum of clean soil/sand behind m-sheathed bulkhead and reconstructed retaining wall to replace material lost to wash-out before proposed operations. Located: 750 Lupton Point Rd., Mattituck. SCTM#115-11-17 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 which states: "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". MT/hkc Albert J. Krupski, President James King, ¥ice-President A~cie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES .. TOWN OF SOUTHOLD Office Use Only ~weOaStal Erosion Permit Application tiand Permit Application ~4~Iajor Waiver/Amendment/Cl~$ges ~Received Application: ZReeeived Fee:$ ~:~5~ o~ ..~Completed Application __Incomplete ' - __$EQRA Classification: Type I Type II Unlisted Coordlnadon:(date _~SAC Refen~l Sene __g~t~ of~,peo~o~ !Ot l-~ 09_ ___K~eipt of CAC l~port: ___~d A~enc¥ Determination: Technical Ro~iew:. ~ublic Hearing Held: 1 O! I '~/~ ) ___~so~uUo~: L ~ ~ NameofAppHcant Michael Mitchell Ad&ess 750 Lupton Pointv,Road, Mattituck $~P 2 6 2007 Seothhokl Towtl Phone Number:( ) 631-298-1893 Suffolk County Tax Map Number: 1000 - 115-11 - 17 Property Location: 750 Lupton Point Road, Mattituck (provide LILCO Pole #, distance to cross streets, and location) AGENT: James E. Fitzgerald, Jr. / Proper-T Permit Services PO Box 617 Cutchogue, NY 11935 631-734-5800 of Trustees Land Area (in square feet): Area Zoning: GENERAL DATA 42,276 R-40 Previous use of property: Intended use of property: SFD SFD Prior permits/approvals for site improvements: Agency Date X No prior permits/approvals for site improvemems. None known. ~:rior have applied. Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: owner may PROJECT DESCRIPTION: Re-sheath 96'4- of existing wood bulkhead and 11'4- of return with vinyl sheathing on the seaward side, leaving existing sheathing in place. Remove only those existing 3"- 4" piles as necessary to accommodate the configuration of the vinyl sheathing. Excavate area behind existing bulkhead as necessary to place anchoring compo- nents. Reconstruct 88'4- of existing wood retaining wall landward of bulkhead in-kind in- place. Reconstruct existing 4' x 12' wood stairs and landing landward of the bulkhead in- kind in-place. Place an estimated 20 cu. yds. maximum of clean soil/sand behind re-sheathed bulkhead and reconstructed retaining wall to replace material lost to wash-out before pro- posed operatigns. of Trustees WETI_AND/TRUSTEE LANDS APPLICATION DATA Purpose ofthe proposed operations: Maintain erosion control structures. Area of wetlands on lot: 900 square feet approx Percent coverage of lot: 2 % approx Closest distance between nearest existing structure and upland edge of wetlands: - 0- feet Closest distance between nearest proposed structure and upland edge of wetlands: - O- feet Does the project involve excavation or filling? No X Yes If yes, how much material will be excavated? 36 cubic yards How much material will be filled? 3 6' cubic yards Depth of which material will be removed or deposited: 3 Proposed slope throughout the area of operations: - 0- Manner in which material will be removed or deposited: ~et approx backhoe 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): It is expected that the project will have no significant effect on the wetlands and tidal waters of the Town. 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by A[~pIIcant or Proiect Sponsor) 1. APPLICANT/SPONSOR |2.PROJECT NAME James E. Fitzgerald, Jr. - Proper-T Permit Services / Mitchell bulkhead 3. PROJECT LOCATION: Municipality Mattituck County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 750 Lupton Point Road See attached maps. Matfituek, NY 11952 5. PROPOSED ACTION iS: [] New [] Expansion [] Modification/alteration 6. Re-sheath 96'± of existing wood bulkhead and 11 '± of return with vinyl sheathing on the seaward side, leaving existing sheathing in place. Remove only those existing 3"- 4' piles as necessary to accommodate the configuration of the vinyl sheathing. Excavate area behind existing bulkhead as necessary to place anchoring components. Reconstruct 88'± of existing wood retaining wall landward of bulkhead in-kind in-place. Reconstruct existing 4' x 12' wood stairs a~d landing landward of the bulkhead in-kind in-place. Place an estimated 20 cu. yds. maximum of clean soil/sand behind re-sbeathed bulkhead and reconstrue~xt retaining wall to replace material lost to wash-out before proposed operations. 7. AMOUNT OF LAND AFFECTED: Initially less than 0.1 acres Ultimately N/A 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? [] Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open Space [] Other Describe: Medium-size private waterfixmt residences. 10. DOES ACTION iNVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] No If Yes, list agency(s) name and permit/approvals: NYSDEC, NYSDOS, USACE, Trustees 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION VV~LL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? []Yes []No I CERTIFY THAT T.~r~ro ~T4EhN'PROVID~OVE IS TRUE TO THE BEST OF MY KNOWLEDGE Appficant/sponso~ames F~tzg'~ Jr. //~3//~ Date: 2/15/07 I If the/~)t{,on is in the ~ tstal Area, and you are. a state agency, complete the I Gbastal Assessment Form before proceeding with this assessment OVER Reset AFFIDAVIT OF MAIL1NG TO THE SOUTHOLD BOARD OF TOWN TRUSTEES IN THE MATTER OF THE APPLICATION OF: Michael Mitchell STATE OF NEW YORK COUNTY OF SUFFOLK James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue, NY 11935, being duly sworn, deposes and says that on the 9th day of October, 2007, deponent mailed a tree copy of the Notice set forth in the Board of Trustees Application, directed to each of the named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown in the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Cutchogue, NY 11935, that said Notices were mailed to each of said persons by Certified Mail/Return Receipt Re- quested. Sworn tor~fo~'e ~_e ~his day of /,?~Aq_h¥)~ { ,2007. BOi~. O0R0$KI Notary Public, State Of NewYod~ No. 01D06095328, Suffolk Count~ Term Expi~esJoy7,20. [~ AFFIDAVIT OF POSTING TO THE SOUTHOLD BOARD OF TOWN TRUSTEES IN THE MATTER OF THE APPLICATION OF: Michael Mitchell STATE OF NEW YORK COUNTY OF SUFFOLK I, James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue, NY 11935, being duly sworn, depose and say that on the 8th day of October, 2007, I personally posted the property known as 750 Lupton Point Road, Mattituck, 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, which date is noted thereon to be Wednesday, October 17, 2007, at or about 6:00 PM. L Sworn to,~fo[e ~e this t'~-~ day of ( )C .d'h']9~,./,~ ,2007. BONNIE J. DOROSKI NotB~y Public, State Of New Yo~k No. 0]D06095328, Suffolk County Term Expires July 7, 20 ~ TO: Dat~. October 8, 2007 Adjacent Property Owners (Names and addresses are listed on the attached sheet.) BOARD OF TRUSTEES, TOWN OF SOUTHOLD NOTICE TO ADJACENT PROPERTY OWNER In the matter of: Stephen Matteini, SCTM #1000-26-2-22 YOU ARE HEREBY GIVEN NOTICE THAT: 1. An application is being submitted to the Board of Trustees for a permit to: Re-sheath 96'± of existing wood bulkhead and 1 !,'at .of return with vinyl sheathing on the seaward side, leaving existing sheathing in place. Remove only those existing 3 - 4 piles as necessary to accommodate the configurationofthevinyl sheathing. Excavate area behind existing bulkhead as necessary to place anchoring components. Reconstruct 88'± of ex wood retaining wall landward of butkhead in-kind in-place. Reconstruct existing 4' x i2' wood stairs and landing land~ the bulkhead in-ldnd in-place. Place an estimated 20 cu. yds. maximum of alcan soil/send behind re-sheathed bulkhead reconstructed retaining wall to replace material lost to wash-out before proposed operat ohs. o The project described above is proposed on property adjacent to yours. The street ad- dress of that property is as follows: 750 Lupton Point Road, Mattimck, NY 11952 ] The project, which is subject to Environmental Review under Chapters 96, 111, or 275 of the Town Code, is open to public comment. A public hearing will be held at Town Hall, 53095 Main Road, Southold, New York 11971 at or about 6:00 PM on Wednesday, October 17, 2007. If you wish to comment you may call the office (631-765-1892), or applications may be reviewed and comments may be submitted in writing up to 24 hours prior to the hearing. The project described above will be reviewed by the Board of Trustees of the Town of Southold. The project may require independent review and approval by other agencies of the Town, State, or Federal governments. PROPERTY OWNER'S NAME: MAILING ADDRESS: PHONE NO.: Michael Mitchell PO Box 870 Mattimck, NY 11952 631-298-1893 A copy of a sketch or plan showing the proposed project is enclosed for your convenience. 9/11/07 MICHAEL MITCHELL: ADJACENT PROPERTY OWNERS NOTICE NOT SENT (PROPERTY OWNER) 1000-115-11-18.1 Michael & Janet Mitchell 750 Lupton Point Road Mattimck, NY 11952 NOTICE SENT 1000-115-11-3 Edward & Ortrud Hanus 635 Lupron Point Road Mattimck, NY 11952 1000-115-114.1 Jack Drobet 755 Lupton Point Road Mattimck, NY 11952 1000-115-11-16 James & Michelle Williams 200 E. 49t~ Street, Apt 3015 New York, NY 10128 1000-115-11-19 Frank & Patricia Buonaiuto 2559 Francis Lewis Boulevard Flushing, NY 11358 STEPS AND LANDING TO BULKHEAD TO BE RE-SHEATHED DEEP HOLE CREEK SCALE: 1" = 30' CORPS OF ENGINEERS DATA PURPOSE: Resheafla existing bulk'head to ma~,ta~ erosion control mcture; reconstruct rC~inlng wall ia-kind in-place. DATUM: MLW IN:~Deep Hole Creek ' AT: ~ck COUNTY: Suffolk STATE: New York PROJECT PLAN Applica~on regardlng the property of Michael MRchell, SCTM #1000-115-11-17 Represented by PROPER-T PERM1T SERVICES P.O. Box 617, Cutchogfie, NY 11935 · lames E. Fitzgerald, Sr. 631-734-5800 July 17, 2007 EA CUTCH THE AREA OF THE PROPOSED PROJECT IS CIRCLED NEW SUFFOLK CORPS OF ENGINEERS DATA PURPOSE: Resheath existing bulkhead to maintain erosion control structure; reconstruct retaining wall in-kind in-place. DATUM: MLW l~: Deep Hole Creek AT: Mattituck COUNTY: Suffolk STATE: New York VICINITY MAP Application regarding the property of Michael Mitchell, SCTM # 1000-115-11-17 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 February 15, 2007 THE SITE OF THE PROPOSED PROJECT IS SHADED CORPS OF ENGINEERS DATA PURPOSE: Resheath existing bulkhead to maintain erosion control structure; reconstruct retaining wall in-kind in-place. IN: Deep Hole Creek DATUM: MLW AT: Mattimck TAX MAP Application regarding the property of Michael Mitchell, SCTM #1000-115-11-17 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 Febmar7 15, 2007 PHOTO A: Looking WSW. Return is beyond boat, hidden by vegeta- tion. Note retaining wall above bulkhead. (1/12/07 at 1415 hfs) PHOTO B: Looking WSW. Return is beyond boat, hidden by vegeta- tion. Note retaining wall above bulkhead. (1/12/07 at 1415 hfs) PROJECT SITE PHOTOS Application regarding the property of Michael Mitchell, SC'IFM #1000-I 15-11-17 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cuichogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 January 12, 2007 750 Lupton Point Road Mattituck, New York 11952 President Board of Town Trustees Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Dear Sir: Please be advised that I hereby designate and authorize James E. Fitzgerald, Jr. of Proper-T Permit Services to act in my behalf as my agent in the submission and processing of a permit application for the repair and/or replacement of an existing bulkhead on my property located at 750 Lupton Point Road, Mattituck, and designated by Suffolk County Tax Map No. 1000- 115-11-17, and to furnish, upon request, supplemental information in support of the applica- tion. Sincerely, ~ic~ael Mitc ]1~~ STATEMENT TO THE SOUTHOLD BOARD OF TOWN TRUSTEES County of Suffolk ) State of New York ) I, Michael Mitchell, being duly sworn, depose and affirm that I am the owner of the property located at 750 Lupton Point Road, Mattituck, NY 11952, and identified by Suffolk County Tax Map No. 1000-115-11-17, and that all work will be done in the manner set forth in the present application and as may be approved by the Southold Board of Town Trustees. I agree to hold the Town of Southold and the Town Trustees harmless and flee from any and all damages and claims arising under or by virtue of said permit(s), if granted. I hereby authorize the Town Trustees or their agent(s) or representative(s) to enter upon my property to inspect the premises in conjunction with the review of the present application. M~hael Mitchell / Sworn to before me this ...~..~.. ....... day of ....... t~f~...~. .............. 200.~..... Notary Public PATI~JCI~ RICHERT ./ APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: lklchael ~litchell (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a compmay. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance Change of Zone Approval of Plat Exemption from Plat or Official Map Other X If "Other", name the activity: Wetland s t~ermit 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 /fi~x. If you answered "YES", complete the balance ofthi~Lfdrm and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship 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 this Signature: PrintName: ~(//~4ichael IvF~tch~_l ] February 7, 2007 APPLICANT: MICHAEL MITCHELL SCTM #: 1000-115-11-17 LWRP CONSISTENCY ASSESSMENT FORM Policy 1 Foster a pattern of development in the Town of Southold that enhances com- munity character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. [] YEs [] NOT APPLICABLE The re-sheathing of an existing bulkhead is not inconsistent with the character of the waterfront community, and because of the relatively small size of the existing bulkhead and the proposed replacement it is felt that there is no adverse impact on the desired preservation of open space. Infrastructure use is not a factor since the project is accessory to and accessed from private property. The maintenance of the erosion control purpose of the bulkhead is certainly a beneficial use of the coastal location, and the incremental increase, if any, in development in the area is insig- nificant. Policy 2 Preserve historic resources of the Town of Southold. [] YEs [] NOT APPLICABLE There is no evidence to indicate that the immediate area of the project includes his- toric features, and it is to be expected that the mainly intertidal nature of the project area is unlikely to have been the site of recoverable artifacts of past civilizations. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold. [] YES ~NO [] NOT APPLICABLE The bulkhead re-sheathing, and the existing bulkhead, are both of low profile, as are the other existing structures, and will be inconspicuous in the proposed loca- tion. They are compatible with other existing shoreline structures in the area, and will not adversely affect the dynamic landscape elements (tidal fluctuations, sea- sonal vegetation changes; seasonal/diurnal changes in ambiem light) which might contribute to ephemeral visual qualities. Policy 4 Minimize loss of life, structures, and natural resources from flooding and ero- sion. [] YES ~NO [] NOT APPLICABLE It is intuitively obvious that the likelihood of the proposed project or the resulting re-sheathed bulkhead contributing to increased hazards which could result in the loss of life is probably non-existent. The proposed bulkhead re-sheathing will have a significant positive effect on the protection of stxuctures and natural resources from flooding and erosion in that the existing bulkhead, which currently provides those features, is tending toward failure and its replacement is required in order that these protective features continue in effect. Policy 5 Protect and improve water quality and supply in the Town of Southold. [] [] NOTAPPLmA LV, The proposed bulkhead re-sheathing project will minimize any wash-out of soil or sand through the bulkhead by eliminating openings in the bulkhead and by the in- clusion of a suitable marine filter cloth in the proposed structure. Disturbance of the creek bed seaward of a line parallel to the bulkhead and ten feet fi'om the bulk- bead during construction of the smacture will be minimal, and after construction is complete there will be no effect. The use of vinyl sheathing to re-sheath the exist- ing wood structure will eliminate the possibility of potentially harmful chemicals leaching from treated wood. Policy 6 Protect and restore the quality and function of the Town of Southold's ecosys- tem. [] YES ~O [] NOT APPLICABLE During construction, all indigenous plants will be protected insofar as possible. All statutory and regulatory requirements, at all levels of government, will be strictly complied with. The project is not located in a Significant Coastal Fish and Wildlife Habitat. The only structural intrusion into the wetlands will be the insertion of the vinyl sheath- ing directly in front of the existing wood sheathing. The design does not require the use of new piles in this case, and the old piles will be left in place in those indi- vidual locations which are compatible with the spacing of the corrugations of the vinyl sheathing. The northern shore of Deep Hole Creek in the project area is highly developed with private waterfront residences. There will be no incremental increase in shore- line development attributable to the proposed project, and it is not significant ~om the standpoint of a potential adverse impact upon wildlife, shellfish or finfish. The area above the high water mark in the vicinity of the project is not suitable for least tern or piping plover nesting, and there are no osprey nest'mg sites in the im- mediate area. Diamondback terrapin have not been observed in or near the project location. The project will have no adverse effect upon existing tidal patterns and there will be no degradation of water quality. Policy 7 [] YEs Protect and improve air quality in the Town of Southold. ~O [] NOT APPLICABLE The construction or use of the project as proposed, and its use upon completion, will not result in significant amounts of new air pollution.. Policy 8 Minimize environmental degradation in the Town of Southold from solid waste and hazardous substances and wastes. [] YES ~O [] NOT APPLICABLE The project as proposed will not result in the generation of any additional solid waste. The handling and storage of petroleum products, if any, will be accom- plished through the use of approved containers and facilities, and approved meth- ods of handling and storage will be followed. Policy 9 Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. [] YES [] NO ~OT APPLICABLE This policy is not applicable to the proposed project. Policy 10 Protect Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. [] YES [] NO ~OT APPLICABLE This policy is not applicable to the proposed project. Policy 11 Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. [] YES [] NO ~4~OT APPLICABLE This policy is not applicable to the proposed project. Policy 12 Protect agricultural lands in the Town of Southold. [] YES [] NO ~NOT APPLICABLE This policy is not applicable to the proposed project. Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 September 26, 2007 President Board of Town Trustees Town of Southold Town Hail, 53095 Main Road Southold, New York 11971 Re: Application for Permit on Behalf of Michael Mitchell; SCTM # 1000-115 - 11 - 18.1 Dear Sir: Attached are documents which have been prepared in support of the application for a permit to re- sheath the existing bulkhead and reconstruct an existing retaining wall on the property of Michael Mitchell in the Town of Southold. Proper-T Permit Services represents Mr. Mitchell in this matter, and a letter of authorization is part of this submission. If there are any questions, or if additionai information is needed, please call me. Enclosures: Application Fee ($250) Letter of Authorization Notarized Statement of Applicant Transactional Disclosure Form Survey of Property LWRP Consistency Assessment Form Application Form (3 copies) Short EAF (3 copies) Vicinity Map (3 copies) Tax Map (3 copies) Project Plan (3 copies) Project Site Photos (3 copies) aes E. Fitzge~ a subsidiary of THE PECONIC EASTERN CORPORATION 20 cu. yds. ± OF CLEAN SAND OR SANDY SOIL MAY BE USED IN SELECTED AREAS BEHIND THE BULKHEAD TO REPLACE MATERIAL LOST THROUGH p. iouswAs,-ou]-s. BY 1~0-115-11-18.1 MICHAEL & JAN~ MITCHELL 750 LUPTON POINT ROAD MA~ITUCK, NY 11952 / / NE'VV 96'+ BULKHEAD TO BE CONSTRUCTED LANDWARD PROPERTY TO THE EAST AS. SEPARATELY APPLIED FOR NEVV 11'+ RETURN TO BE CONSTRUCTED IN SAME LOCATION AS EXISTING RETURN AHW DEEP HOLE CREEK CORPS OF ENGINEERS DATA pLTRPOSE: Resheath existing bulkhead to maintain erosion control structure; reconstruct retaining wall in-kind in-place. DATUM: M~,W IN:q}eep Hole Creek AT: Mattituck COWNTY: Suffolk STATE: New York STEPS AND LANDING TO . AREA OF SOIL DISTURBANCE ,IS SHADED EXISTING BULKHEAD TO BE REMOVED BY CUTTING AT GRADE UPON COMPLETION OF NEVV BULKHEAD IN LAND- WARD LOCATION SCALE: 1" = 30' PROJECT PLAN Application regarding the property of Michael Mitchell, SCTM # 1000-115-11 - 17 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 Revised January 10, 2008 2x12 I EXISTING BULKHEAD ' 6x8 AHW GRADE ALW EXISTING RAILING TO BE REBUILT EXISTING LANDING TO BE REBUILT ~ 4' X 7-6"+ ~. 18'FACE-TO-FACE 2xB FOLLOWER EXISTING STEPS TO BE REBUILT 4'X 3'-8"± GRADE · , , """ SEE NOTEA SHADED AREA TO BE EXCAVATED AND LATER BACKFILLED ESTIMAT- ED 238 cu. yds. PROPOSED NEW BULKHEAD SCALE: 3/8" = 1' EXISTING RETAINING WALL TO BE REBUILT EXISTING STONE WALL DEADMEN 8"d. CONTINUOUS -IOR PILES 8" d. xB' NOTE A: THIS DIMENSION VARIES FROM ABOUT 11' TO ABOUT 15'. THE CONFIGURATION SHOWN IS FOR ABOUT 13' AND IS TYPICAL OF THE PROPOSED CONSTRUCTION IN WHICH THE LENGTH OF THE TIE RODS AND THE LOCATION OF THE UNDERGROUND PILES WILL BE ADJUSTED AS APPROPRIATE. MATERIALS '[O BE USED FENDER PILES NONE ANCHOR PILES 8"d. x 12' CCA-TREATED; 6' - 8' D.C. WALERS 6" x 8' CCA-TREATED; continuous FOLLOWER 2" x 6'" CCA-TREATED~ continuous CAP 2" x ]2" CCA-TREATED; S4S SHEATHING ]2' VINYL; SHOREGUARD 425 DEADMEN 8" d. CCA-TREATED; continuous TIE RODS %"x 12' HOT-DIP.PED GALVANIZED BOLTS %" x 24" HOT-DIPPED GALVANIZED FILTER FABRIC CONTINUOUS NON-WOVEN NOTE B: DISTANCES FROM THE ENDS OF THE PROPOSED NEVV BULKHEAD TO EXISTI~IG FIXED STRUCTURES ARE SHOWN ON THE PROJECT PLAN. CORPS OF ENGINEERS DATA PURPOSE: Replace existing bulkhead to maintain erosion control structure. DATUM: MLW IN: Deep Hole Creek AT: Mattituck COUNTY: Suffolk STATE: New York SECTION VIEW Application regarding the property of Michael Mitchell, SCTM #1000-115-11-17 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 Revised December 21, 2007 .SURVET OF PROPERTY 51TUATE,- HATTITI~K TOI~N OF 5OUTHOLD .SUt=FOLK COUNT'K, N'r' SURVEYED 0"/-06.~ UPDATE 50FFOLK COUNTY TAX I000 - 115 - II - 17 I000 - 115 - II - CERTIFIED TO= MICHAEL ~. MITC. HFI I, JR. JANET D. MITC,-HI=I I PECONIC, AE~T, INC.. L ~4-1-'~ · HOM,f,t--NT ~ O PIPE ~ AREA = 42,2.76 ~ OR O.q-/ACRE5 REI'"LKENC, E C,-',-T~,. L 11-/14 P III SEP 2 6 2CC'7 Southhold Boa;d 0f lrustees 6-~6.07, .Oad t ~1o5~'50"y,I IOO.OO' GRAPHIC SCALE 1"= 30' JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN S'I~J~T N.Y.S. LIC. NO. 502~2 ~, N.Y. 11901 20 cu. yds. ± OF CLEAN SAND OR SANDY SOIL MAY BE USED IN SELECTED AREAS BEHIND THE BULKHEAD TO REPLACE MATERIAL LOST THROUGH PREVIOUS WASH-OUTS. [~OARD OF T~RUS'~, TOWN OF,$~UTI-:~. L' / ~ICHAEL & JANET MITCHELL MA~ITUCK, NY 1 lg52 X CONS~UCTED ~NDWARD OF ~I8TING ' BULKH~D ) uJ u,J STEPS AND LANDING TO - AREA OF SOIL DISTURBANCE LU AHW DEEP HOLE CREEK CORPS OF ENGINEERS DATA PUI~POSE: Resheath existing bulkhead to ma~ta~ erosion control structure; reconstruct retaining wall in-kind in-place. DATUM: MLW IN:,~eep Hole Creek AT: Mattituck COUNTY: Suffolk STATE: New York · EXISTING BULKHEAD TO BE REMOVED UPON COMPLETION OF NEW BULKHEAD IN LAND- WARD LOCATION SCALE: 1" = 30' PROJECT PLAN Application regarding the property of Michael Mitchell, SCTM #1000-115-11-17 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 Revised November 12, 2007 2x12 CAP 2x6 FOLLOWER GRADE 6x8 WALER AHW SHEATHING, VINYL SHOREGUARD 425 GRADE ALW DEADMEN 8"d. CONTINUOUS )R PILES 8" d. x6' MATERIALS TO BE USED FENDER PILES NONE ANCHOR PILES 8" d. x 12' CCA-TREATED; 6' - 8' o,c, WALERS 6" x 8" CCA-TREATED; continuous FOLLOWER 2" × 6" CCA-TREATED; continuous CAP 2" × 12" CCA-TREATED; S4S SHEATHING 12' VINYL; SHOREGUARD 425 DEADMEN 8" d. CCA-TREATED; continuous TIE RODS %"x 12' HOT-DIPPED GALVANIZED BOLTS ~" x 24" HOT-DIPPED GALVANIZED FILTER FABRIC CONTINUOUS NON-WOVEN CORPS OF ENGINEERS DATA PURPOSE: Replace existing bulkhead to maintain erosion control structure. DATUM: MLW AT: Mattituck STATE: New York SCALE: 3/8' = 1' SECTION VIEW Application regarding the property of Michael Mitchell, SCTM #1000-115-11-17 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 Revised November 12, 2007 IN: Deep Hole Creek COUNTY: Suffolk