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TR-6787
James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Rob Ghosio, Jr. Town Hail Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 0468C Date September 24, 2009 THIS CERTIFIES that the new bulkhead 102' with vinyl sheathing landward of the existln~, bulkhead, new return 15' with vinyl sheathing at east end, 15' non-turf buffer landward of bulkhead and 12'X 7' slate flagstone patio At 850 Lupton Point Rd., Mattituck Suffolk County Tax Map 115-11-16 Conforms to the application for a Trustees Permit heretofore filed in this office dated 9/27/07 pursuant to which Trustees Wetland Permit #6787 Dated 12/12/07 was issued and Amended on 9/23/09 conforms to ali of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for the new bulkhead 102' with vinyl sheathing, landward of the existing bulkhead, new return 15' with vinyl sheathing at east end~ 15' non-turf buffer landward of bulkhead and a 12'X 7' slate flagstone patio. The certificate is issued to JAMES & MICHELE WILLIAMS owners of the Authorized Signature James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD September 23, 2009 Mr. & Mrs. James Williams 200 East 94th St. Apt. I Oil~ NewYork, NY 10128 RE: 850 LUPTON POINT RD., MATTITUCK SCTM#115-11-16 Dear Mr. Williams: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed., September 23, 2009: RESOLVED, that the Southold Town Board of Trustees APPROVES the Amendment to Permit #6787 to add a 12'X 7' slate flagstone patio behind the bulkhead, and as depicted on the plan received on August 27, 2009 and stamped approved on September 23, 2009. This is not a determination from any other agency. Sincere,~ Jameg/F. King, PreC"side '~ Board of Trustees JFK:lms James F. King, President Jill M. Dohen'y, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. -t Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (63 I) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DATE OF INSPECTION: ,.,,--- Ch. 275 Ch. 111 INSPECTION SCHEDULE __ Pre-construction, hay bale line/silt boom/silt curtain I st day of construction ½ conStructed Project cOmplete, compliance inspection. INSPECTED BY: ~, /~ ~ COMMENTS: CERTIFICATE OF COMPLIANCE: ~/~' ' Ms. Elizabeth Cantrell Town of Southold Board of Town Trustees P.O. Box 1179 Southold, New York 11971 Dear Ms. Cantrell: James T. Williams Apartment 3015 200 East 94t~ Street New York, New York 10128 Tel: 212 996-4140 Fax: 212 996-9152 August24,2009 Herewith is an application to amend wetland permit # 6787, accompanying sketch and a check for $50.00 in connection with our home at 850 Luptons Point Road, Mattituck. If you need anything further, please let me know. Thank you for your help in getting this project completed. Very truly yours, James T. Williams James F. King, President Jill M. Doherty, Viee-Presldent Peggy A. Dickerson Dave Bergen John Holzapfcl BOARD OF TOWN ~/"i~USTEES TOWN OF SOUTHOLD Town F,~I1 53095 Rout~ 25 P.O, Box 1179 $outhol~ SewYork 11971-0959 APPLICATION FOR AN AMENDMENT TO A WETLAND PERMIT AGE~ PH0~ ~D~SS PROPERTY LOCATION % ~3 k..,~.~k~c~ TAXIng'NO. lift~ Jl-/~, James T. Williams Apartmeot 1010 200 Easl 94th St~xqel New York, New York 10128 T 212 ~16-4140 F 212 996-9152 April 24, 2012 Board of Town Trustees Town of Southold Post ()[llce Box 1179 Southold, New York 11971 As required by he lerms o1' wetlands permit number 6787, herewith is the executed and recorded "Declaration of Covenants relating to our house at 850 Lupton's Point Road, Malliluck. I apologize Ibr taking so long to get this pape~wvork compleled. Sincerel.y yours, ~es T. Williams SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Number of Pages: 4 Receipt Number : 12-0032059 District: 1000 Recorded: 03/19/2012 At: 03:03:22 PM LIBER: D00012688 PAGE: 0 62 Section: Block: Lot: 115.00 11.00 016.000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees Page/Filing $20.00 COE $5.OO TP-584 $0.00 Cert. Copies $0.00 For Above Instrument Exempt THIS NO Handling NO NYS SRCHG NO Notation NO RPT Fees Paid PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County Exempt $20.00 NO $15.00 NO $0.00 NO $30.00 NO $90.00 Number of pages This document will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage Instrument 31 Page / Filing Fee ~ Handling 20. 00 Deed / Mortgage Tax Stamp FEES TP-584 Notation CA-52 17 (County) EA-5217 (State) R.P.T.S.A. Comm. of Ed. Affidavit Certified Copy NYS Surcharge Other Real Property Tax Service /R SMI A) Agency Verification Sub Total 15. 00 sub © Grand Total C_../" (~) 1000 li500 1100 016000 Satisfactions/D~sci~arges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Mail to: Judith A. Pascate, Suffolk County Clerk 310 Center Drive, Riverhead, NY 11901 www. suffolkcountyny, gov/clerk Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec JAssit. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County Held for Appointment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # __ of this instrument. 5 Community Preservation Fund Consideration Amount $ CPF Tax Due $ Improved Vacant Land Title Company Information Suffolk Count Recordin & Endorsement Pa e This page forms part of the attached ~XlC~ , (-~ ~ made by: (SPECIFY TYPE OF INSTRUMENT) ~k), ~'~.C~ X(~,.~ The premises herein is situated in sm OLK COUNTY, TO In the TOWN of ~ Lk,,J~xc~(, ~_.~3 '~-'(~t~D~ C~ ~~~ In the V~LAGE or H~ET of BO~S 6 ~U 8 MUST BE ~PED OR PRINTED ~ BLACK INK O~Y PRIOR TO ~CO~G OR ~G. n-o,~.a0/~ (over) IMPORTANT NOTICE If the document you've just recorded is your SATISFACTION OF MORTGAGE please be aware of the following: If a portion of your monthly mortgage payment included your property taxes, *you will now need to contact your local Town Tax Receiver so that you mai be billed directly for all futalre property tax statements. Local property taxes are payable twice a year: on or before January l0th and on or before May 31st. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding prope~£y tax payment. Babylon Town Receiver of Taxes 200 East Sunrise Highway North Lindenhurst, N.Y. 11757 (631) 957-3004 Riverhead Town Receiver of Taxes 200 Howell Avenue Riverhead, N.Y. 11901 (631) 727-3200 Brookhaven Town Receiver of Taxes One Independence Hill Farmingville, N.Y. 11738 (631) 451-9009 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Island, N.Y. 11964 (631) 749-3338 East Hampton Town Receiver of Taxes 300 Pantigo Place East Hampton, N.Y. 11937 (631) 324-2770 Smithtown Town Receiver of Taxes 99 West Main Street Smithtown, N.Y. 11787 (631) 360-7610 Huntington Town Receiver of Taxes 100 Main Street Huntington, N.Y. 11743 (631) 351-3217 Southampton Town Receiver of Taxes 116 Hampton Road Southampton, N.Y. 11968 (631) 283-6514 Isllp Town Receiver of Taxes 40 Nassau Avenue Islip, N.Y. 11751 (631) 224-5580 Southold Town Receiver of Taxes 53095 Main Street Southold, N.Y. 11971 (631) 765-1803 Sincerely, Judith A. Pascale Suffolk County Clerk DECLARATION OF COVENANTS THIS DECLARATION made this I~day of February, 2012, by James T. Williams and Michele O. Williams, residing at 200 East 94th Street, Apt. 1010, New York, NY 10128, hereinafter referred to as "DECLARANT(S)": W I T N E S S ET H : WHEREAS, DECLARANT(S) is/are the owner{s} of certain real property located on 850 Lupton's Point Road, Mattituck, Town of Southold, County of Suffolk, State of New York, described in the Suffolk County Tax Map as District 1000, Section 115, Block 11, Lot 116 which is more particularly bounded and described as set forth in Schedule "A-i" annexed hereto, hereinafter referred to as the Property; WHEREAS, the Property is situated on lands within the jurisdiction of the Board of Trustees of the Town of Southold (hereinafter the "Trustees") pursuant to Chapter 275 of the Town Code of the Town of Southold or its successor, and various activities conducted upon the property may thus be subject to the regulation and approval of the Trustees prior to being conducted; WHEREAS, the DECLARANT(S) therefore made application to the Trustees for a permit pursuant to the Wetlands Law of the Town of Southold to undertake certain regulated activities; and WHEREAS, as a condition of the granting of a Wetlands Permit to undertake such regulated activities, the Trustees required that a fifteen foot wide "non-turf buffer" adjacent to and landward of the bulkhead; NOW, THEREFORE, the DECLARANT(S) do/does hereby covenant and agree as follows: 1. Upon the substantial completion of the aforementioned permitted activities there shall be established and subsequently maintained adjacent to the bulkhead a fifteen foot "non-turf buffer" as defined by Chapter 275 of the Town Code; and 2. These covenants shall run with the land and shall be binding on the DECLARANT(S), his/her/their heirs, assigns, purchasers, or successors in interest and may only be modified after a public hearing and upon resolution of the Trustees. IN WITNESS WHEREOF,. the owner(s) has/have instrument this I~TAday of February, 2012. duly executed this OWNER'S SIGNATURE XOWNER ' S SIGNATURE STATE OF NEW YORK: :ss COUNTY OF SUFFOLK: On the \%~ day of February, in the year 2012, before me the undersigned, a Notary Public in and for said State, personally appeared James T. Williams and Michele O. Williams, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) ~S~/are subscribed to the within instrument and acknowledged to me that ~/s~/they executed the same in ~i~/b~e~/their capacity, and that by h~/their signature(s) on the persons on behalf of which the instrument. instrument, the individual or the individual(s) acted, executed the Notar~ [gu61ic CAROL HYDELI,. ,~ARY PUBLIC - STATE OF NO. 01HY6189695 QUALIFIED IN SUFFOLK C ~,~MISSION EXPIRES Fidelity National Title Insurance Company OF NEW yORK Title No.: 02-3704-42064-SUFF Policy No: 26-031-92-67552 sCHEDULE A-I Description ALL that certain plot, piece or parcel of land, situate, lying and being m Lupron Point, in Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point in the southerly side of Private Road (20 foot wide right of way) running from Marratooka Lane to Deep Hole Creek, which said point marks the northwesterly corner of the premises herein described and is distant 818.07 feet southeasterly from the intersection of the southerly side of said right of way and the easterly side of Marratooka Lane; _ RUNNING THENCE along the southerly side of said right of way, North 79 degrees 45 minutes 10 seconds East a distance of 100 feet to a point; THENCE South 10 degrees 14 minutes 50 seconds East a distance of 182.58 feet to the high water line of Deep Hole Creek; THENCE along a tie line of the high water line of Deep Hole Creek, South 69 degrees 27 minutes 00 seconds West a distance of 101.64 feet to a point; THENCE North 10 degrees 14 minutes 50 seconds West a distance of 200.76 feet to the southerly side of said right of way at the point or place of BEGINNING. Page 2 Schedule A-I (Description) Owner's Policy 08/18/2009 88:16 76§6~41 BOARD OF TRUSTEES . MATTITUi :K, NY 11~2 ' 1000-115-11-16 JAMES & MICHELLE WILLIAMS · 200 E.j~.'m STREET. APT ~015 NEW ~ORK. N~ 10128 NEW 102'~ BULKHEAD TO BE' i CONSTRUCTED LAND~VARD OF EXISTING BULKHEAD,-, BUUG-IEAD 18 CONTINUED FROM PROPERTY TO ]I-IE ~p~i~DT AS ~EPARATEL¥ AP- :FOR ' NEW 1~5':~ RETURN TO 8E CONSTRUCTED IN SAME R~RN PAGE 02 AUG 2 7 2009 s. EXI~'rlNG BULKHEAD TO BE REMOVED BY CUTTING AT ! GRADE UPON COMPLETION , ..... ~ ~. OF NEW BULKHEAD IN LAND- '-' ~ ~ WARD LOCATION' DEEP HOLE CREEK ~: Replace ~xislin~ b~lktiead ~o maintain erosion eoatrol Structure; ~eon.~mct rt~.!~ wall DATUi~: lvlLW 1~1'; D~'ep }'~ole Creek AT: l~laltiluck COIJ"I~'; ~irffoIk S'~A~: New York Applicatio~l ~'~garding the property of James VCillinms~ SCTM #!000-115-11 FROPER-T PEI~M1T ~ER.VICES P.O. Box 617, C~chogue~ NY 11935 lames E, Filz~,rald, Ir. 631-734-5800 Revised December 21, 2007 Proper- T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 April 29, 2008 President Board of Town Trustees Post Office Box 1179 Southold, New York 11971 APR Re: Permit #6787; James Williams, SCTM #1000-115-11-16 Dear Sir: The permit as issued refers to the "project plan prepared by Proper-T Permit Services, last dated November 12, 2007", but the drawing attached to the issued permit, stamped as approved by the Board of Trustees, and stamped as received on Feb 26, 2008, is dated "Revised Decem- ber 21, 2007". The December 21, 2007 revision includes the non-turf buffer required by the Board, and the statement concerning the removal of the existing bulkhead has been expanded to include the phrase "by cutting at grade". Neither of these changes appears in the November 12, 2007 ver- sion, but they are included in the project description in both the cover letter and the permit. I would appreciate it if both the permit itself and the cover letter could be revised to reflect these changes in order to eliminate the possibility of confusion at some later date. cc: Mr. Williams a subsidiary of THE PECONIC EASTERN CORPORATION 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 York11971-0959 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 V~2 constructed roiect complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6787 DATE: DECEMBER 12~ 2007 ISSUED TO: JAMES WILLIAMS PROPERTY ADDRESS: 850 LUPTON POINT ROAD~ MATTITUCK SCTM# 115-11-16 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 James Williams 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 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 cubic yards of clean soil/sand behind new bulkhead and new return to replace material with the condition of a 15' non-turf buffer landward of the bulkhead am 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 WHEKEOF, the said Board of Tntstees 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 James Williams, residing at 850 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 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 w/th 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 Suftblk 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 Ghosie, 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: JAMES WILLIAMS 850 LUPTON POINT ROAD, MATTITUCK SCTM# '115-1'1-16 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 JAMES WILLIAMS 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 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 abcordance with Chapter 265, said application was found to be Exempt from the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Pqblic Hearing was held by the Town Trustees with respect to said application on December 1_2 2007, at which time all interested persons were given an opportunity to be' heard, add, 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 approve the application of MICHAEL MITCHELL to co'nstruct a 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 asthe existing return. Excavate area behind existing bulkhead as necessary to plac. e new piles, sheathing, and anchoring components. Place an estimated 20 cubic yards of clean soil/sand behind new bulkhead and new return to replace material previously lost to wash-out, with the condition of a 15' non-turf buffer landward of the bulkhead 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. O0 Very truly yours, ~ 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 that your application dated/~v'e~to~'~/~[ ~;~7 has been reviewed by this Board at the regular meeting o~f~/~ ~ ~ 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 ($3.00 per sq. fi.) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE:$ BY: James F. King, President Board of Trustees 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., December 5, 2007, the following recommendation was made: Moved by Chris Kempner, seconded by Peter Young, it was RESOLVED to SUPPORT the Wetland Permit application of JAMES WILLIAMS to construct a 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 cy. of clean soil/sand behind new bulkhead and new return to replace material previously lost to wash-out. Located: 850 Lupton Point Rd., Mattituck. SCTM#115-11-16 Inspected by: Chris Kempner, Peter Young The CAC Supports the application with the Condition a 15' non-turf buffer is installed landward of the bulkhead and the public access is maintained. Vote of Council: Ayes: All Motion Carried James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town ttall 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: /~ JAMES WILLIAMS requests a Wetland Permit to construct a 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 cy. of clean soil/sand behind new bulkhead and new return to replace material previously lost to wash-out. Located: 850 Lupton Point Rd., Mattituck. SCTM#115-11-16 ~Se of area to be impacted: altwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of above: P~cOf Town Code proposed work falls under: hapt.275 Chapt. 111 other / Type of Application: x/Wetland __Coastal Erosion __Amendment __Administrative __Emergency Pre-Submission __Violation Planning Info needed: Modifications: f~/3~'~ "/thC'f ~,,pfe~- [ ~ '-- Conditions: Prfi/sent Were: ~J.King '"fJ.Doherty P.Dickerson %. Bergen B. Ghosio, Jr "H. Cusac~-- D. D~-enkowski ---Mark Terry~other -- Form filled out in the field by Mailed/Faxed to: Date: Enviro~,nm, e~l .Te .chnician Review ~ ~ ~ -~'~c,% ,,,orkc,z,[, .-~~ PHOTO A: Looking ENE from position sea- ward of western property line. (1/12/07 at 1420 hrs) PHOTO B: Looking ENE from position on dock seen in Photo A above. (1/12/07 at 1425 hrs) PROJECT SITE PHOTOS Application regarding the property of James Williams, SCTM #115-11-16 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 February 15, 2007 EA CUTCH lrraloo~a THE AREA OF THE PROPOSED PROJECT IS CIRCLED NEW SUFFOLK CORPS OF ENGINEERS DATA PURPOSE: Resheath existing bulkhead to maintain erosion control structure. IN: Deep Hole Creek COUNTY: Suffolk DATUM: MLW AT: Mattituck STATE: New York VICINITY MAP 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. Fitzgemld, Jr. 631-734-5800 July 17, 2007 THE SITE OF THE PROPOSED PROJECT IS SHADED CORPS OF ENGINEERS DATA PURPOSE: Resheath existing bulkhead to maintain erosion control structure. DATUM: MLW IN: Deep Hole Creek AT: Mattituck COUNTY: Suffolk STATE: New York TAX MAP 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 July 17, 2007 Proper-T Permit Services P.O. Box 617, Cutchogue NY 11935 Phone: 631-734-5800 Fax:631-734-7463 MEMORANDUM TO: FROM: SUBJECT: Lauren - Trustees' Office Jim Fitzgerald Williams; SCTM//1000-115-11-16 DATE: Feb 22, FEB 2 6 2008 Seuthhold Iowa Board of lrustee~ Here is a check for $50 to cover the "Final Inspection" fee. In addition, I am attaching copies of the Project Plan and the Section View drawings which have been revised in accordance with the DEC's Notice of Incomplete Application dated 12/11/07. The revisions only involve the inclusion of additional information on the drawings; 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-turf buffer is shown, and the method of removal of the existing bulkhead is indicated. itzger J . ',- Attachments: Final inspection fee, check $50 Copy of Trustees' "bill" Copy of DEC NIA, 12/11/07 Project Plan, Revised December 21, 2007 (3 copies) Section View, Revised December 21, 2007 (3 copies) FEB 2 6 2008 New York State Department of Environmental Conservation Notice of Incomplete Application - This is NOT a Permit Application ID: 1-4738-00539/00003 Batch Number: 988633 Facility: WILLIAMS PROPERTY 850 LUPTON POINT RDISCTM# 1000-115-11-16 MATTITUCK, NY 11952 Contact: PROPER-T PERMIT SERVICES PO BOX 617 CUTCHOGUE, NY 11935 Owner ID: 1474277 Permit(s) Applied for: I - Article 15 Title 5 Excavation & Fill in Navigable Water I - Article 25 Tidal Wetlands 1 - Section 401 - Clean Water Act Water Quality Certification FEB 2 6. '-" $outhhold ~own Bo~r~ of Trustees 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 from the new bulkhead to an existing structure. c. The cross section must be revised to show the limits of backfill. 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 be taken until all of these materials are received. ContactPerson: Signature: CLAIRE K WERNER NYSDEC Date: December 11, 2007 SUNY @ STONY BROOKIS0 CIRCLE RD STONY BROOK, NY 11790 Telephone Number: (631) 444-0372 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 LWRP Coordinator Date: November 28, 2007 NOV 2 8 2007 Southhold Town Board of Trustees Re: Request for Wetland Permit for James Williams SCTM# 115-11-16 JAMES WILLIAMS requests a Wetland Permit to construct a 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 cy. of clean soil/sand behind new bulkhead and new return to replace material previously lost to wash-out. Located: 850 Lupton Point Rd., Mattituck. SCTM#115-11-16 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; James Williams, SCTM # 1000-115-11-16 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 (Michael Mitchell, SCTM #1000-115-11-17), 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. S~rely, 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.~ Krupski, President Jame~ King, Vice-President · · 'Art~e Foster ·, Ken Poliwoda Peggy A. Dickereon 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 ~ .Ce~oastal Erosion Permit App~n d Permit A~plicafion Major __ Waiver/Amendmen~Changes Received Fee:$ Completed Application Incomplete SEQRA Classification: Type I Type E[ Unlisted Coord/~ation:(date sent) Receipt of CAC Repoxt: Lead Agency Determination: Teetmieal Review: ~ublic Hearing Held: I ~.*~. ~1-1 ~J') Resolution: AMt NDED APPLICATION Name of Applicant Address James Williams 200 E. 94th Street, Apt 3015, NY, NY 10128 Phone Namber:( ) 212-996-4140 Suffolk County Tax Map Number: I000 - 115-11 - 16 850 Lupton Point Road, ~attituck Property Location: (provide LILCO Pole #, distance to cross streets, and location) AGENT: James E. Fitzgerald, Jr. / Proper-T Permit Services PO Box 617 Cutchogue, NY 11935 6Jl-734-5800 ~oard of Trustees Applicat~n Land Area (in square feet): Area Zoning: GENERAL DATA 19,000 approx R-~O Previous use of property: SFD Intended use of property: SFD Prior permits/approvals for site improvements: Agency Date X No prior permits/approvals for site improvements, r;one known. Prior owner? 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 10T* with vinyl sheathing in a loca- tion landward of the existing bulkhead and as close as is practical to the existing bulkhead; construct new return 1.5'± with vinyl sheathing at east end of new bulldaead in the same loca- tion as the existing rem. 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 ~oard of Trustees Applica~n WETLAND/TRUSTEE LANDS APPLICATION DATA Purposeoftheproposedoperafions: Maintain erosion control structure. 2,000 squarefeet estimate Area of wetlands on lot: Percent coverage of lot: 1 0 % 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? 3 6 cubic yards How much material will be filled? 3 6 cubic yards Depth of which material will be removed or deposited: 3 feet Proposed slope throughout the area of operations: - 0- Manner in which material will be removed or deposited: 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 A 1. APPLICANT/SPONSOR James E. Fitzgerald, Jr. - Proper-T Permit Services )plicant or Proiect Sponsor) 2. PROJECT NAME William bulkhead re-sheathing 3. PROJECT LOCATION: Municipality Matfituck County Suffo[~ 4. PRECISE LOCATION (Skeet address and mad intersections, prominent landmarks, etc., or provide map) 850 Lupton Point Road See attached maps. Matlituck, NY 11952 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 6. Consimcl new bulkhead 102';~ with vinyl sheathing in a location landward ofthe existing bulkh~ ~d ~ clo~ ~ ~ p~ to ~¢ ~- lng bulkhead; consh'act new return 1~'± with vinyl sheathing at east end of new bulkhead in ihe same location as the existing relum. Exca- vate area b~hind existing b~dkhe~d as necc'ssa~ to place new pil~s, sheatflin~ and aachoring components. Place a~t estimated 20 cu. yds. of clean soil/sand behind n~v bulkhead and new re'turn to replace martial previously lost to wash-out. 7. AMOUNT OF LAND AFFECTED: Initially less than 0.i 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 waterfi'ont 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 Yes1 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? DYes ~'JUo ApplicentJsponsor laa~ Signature: TIFY THAT THJ~OJ;~'"~TION PROVIDED ~K3~E IS TRUE TO THE BEST OF MY KNOWLEDGE // .... ~io. is in the C~al Area and you are a s~te agency, complete the I as~'l A~e~ment Fo~ before proceed ng with th s assessment ~ OVER I Reset Revised November 12, 2007 APPLICANT: JAMES WILLIAMS SCTM #: 1000-115-11-16 LWRP CONSISTENCY ASSESSMENT FORM Policy 1 [] YES Foster a pattern of development in the Town of Southoid that enhances eom- munity character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of NOel°pment' [] NOT APPLICABLE The replacement 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 [] YEs Preserve historic resources of the Town of Southold. ~NO [] 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 [] YES Enhance visual quality and protect scenic resources throughout the Town of Southold. ~0 [] NOT APPLICABLE 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 structures 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 contribute to ephemeral visual qualities. Policy 4 [] YES Minimize loss of life, structures, and natural resources from flooding and ero- sion. ~NO [] NOT APPLICABLE Policy 5 [] YES 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 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. Protect and improve water quality and supply in the Town of $outhold. ~NO [] NOT APPLICABLE The proposed bulkhead replacement 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 slmeture. 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 structure will eliminate the possibility of potentiaily harmful chemicals leaching from treated wood. Poliey 6 [] YEs Protect and restore the quality and function of the Town of Southold's ecosys- ~i [] NOT APPLICABLE During construction, all indigenous plants will be protected insofar as possible. All statutory and regulatory requirements, at ail 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 bulkhead 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 fmfish. The area above the high water mark in the vicinity of the project is not suitable for least tern or piping plover nest'mg, 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 o teCt and improve air quality in the Town of Southold. [] 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 [] NOTAPP[ICAB[E 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 [] YES Provide for public access to, and recreational use of, coastal waters, public lands, an p~lic resources of the Town of Southold. [] NO IP~ NOT 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 [] YES Promote sustainable use of living marine resources in Long Island Sound, the Peconic Es~ry and Town waters. [] NO [~NOT 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. Albert J: Krupski, President J~ames Ki~.g, Vice-President Artie Fester Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 $outhold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use O~fly .~e~astal Erosion Permit Application and Permit Application Major Waiver/An~n~t/Ch a n ges ~cce~vcd Applicati~ __~eived Fee:$~ ~7,~mpleted App_liqa-~on~! SEQRA Classification: Type I Type II Unlisted ~, Referral Sent: __Receipt of CAC Report: __Lead Agency Determination: Tectmical Keview: -P11~lic Hear[ug Held: Resolution: Name of Applicant Address Minor 2007 Jg.. James Williams 200 E. 94th Street, Apt 3015, NY, NY 10128 Phone Nun~ber:( ) 212-996-4140 Suffolk County Tax Map Nmnber: 1000 - 115-11-16 850 Lupton Point Road, Mattituck Property Location: (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 Board of Trustees AppliCon Land Area (in square feet): Area Zoning:. GENERAL DATA 1,9,000 approx R-40 Previous use of property: SFD Intended use of property: S?D Prior permits/approvals for site improvements: Agency Date X No prior permits/approvals for site improvements. ~;one known. ~rior owner? Has any permit/approval ever been revoked or suspended by a governmental agency? X No__ Yes If yes, provide explanation: PROJECT DESCRIPTION: Re-sheath 102'± of existing wood bulkhead and 15'4- 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. Place an estimated 20 cu. yds. of clean soil/sand behind re-sheathed bulkhead to re- place material previously lost to wash-out. Board of Trustees AppliCon WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose ofthe proposed operations: Maintain erosion control structure. 2,000 ~uarefeet estimate Area of wetlands on lot: Percent coverage of lot: 1 0 % 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? ) 6 cubic yards How much material will be filled?3 6 cubic yards Depth of which material will be removed or deposited:. 3 feet Proposed slope throughout the area of operations: - O- Manner in which material will be removed or deposited: 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. 850 Lupton Point Road Mattituck, New York 11952 President · Southold Board of Town Trustees Post Office Box 1179 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 850 Lupton Point Road, Mattituck, and designated by Suffolk County Tax Map No. 1000- 115- I 1-16, and to furnish, upon request, supplemental information in support of the applica- tion. Sincerely, James William~ -. 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. YOURNAME: James Williams (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person 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 y If "Other", name the activity: Wetlands Permit 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 YES NO '.'~, If you answered 'WES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe 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 Submittedfl~s i%~- ~y_off%~.~..~ Signature: XXf~----~ ~'..~.'~.~_ PrintName: \ James Wlilxam$ STATEMENT TO THE SOUTHOLD BOARD OF TOWN TRUSTEES County of 8~e~lk ) State of New York ) I, James Williams, being duly sworn, depose and affirm that I am the owner of the property located at 850 Lupton Point Road, Mattituck, NY 11952, and identified by Suffolk County Tax Map No. 1000-115-11-16, 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 fi.om 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. jam~%Wflliams X. Sworn to before me this ...../...~. ...... day of..~~ .......... ,200.~..... Notary Public ~ P.br, c, ~ c~ ~ 'to& No. 01PI4.781042 Qualified in Nassau County Certificate I:il~l New York Cou~n~ Commission Expires Aug. 31, 20 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Proiect Sponsor) 1. APPLICANT/SPONSOR m2. PROJECT NAME James E. Fitzgerald, Jr. - Proper-T Permit Services / William bulkhead re-sheathing 3. PROJECT LOCATION: Municipality Matti~ck County Suffo]~ 4. PRECISE LOCATION (Street address and road intemections, prominent landmarks, etc., or provide map) 850 Lupton Point Road See attached maps. Mattituck, NY 11952 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Re-sheath 102'~:'of existing wood bulkhead and 15'± 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. Place an estimated 20 cu. yds. of clean soil/sand behind re-sheathed bulkhead to replace material previously lost to wash-out. 7. AMOUNT OF LAND AFFECTED: rnitially less thsa 0.! acres Ultimately N/A acres 8. WILL PROPOSED ACTION COMPLY W~TH 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 Describe: Medium-size private waterfront residences. [] Agriculture [] ParldForest/Oben 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, Tmsteas 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? m [] Yes [] No If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? DYes []No I,.C~I~TIFY THAT THJ~O~TION PROVIDED/3t~t. lE IS TRUE TO THE BEST OF MY KNOW[EDGE Appmicani/sponsor~'ame:~ James E. ]~ lr~2Jl.~'~'-'- - / y / D~e: Z15/07 Signature: [ ~oa~l ~s~m~nt ~orm before pro~dm~ OVER Reset February 7, 2007 APPLICANT: JAMES WILLIAMS SCTM #: 1000-115-11-16 LWRP CONSISTENCY ASSESSMENT FORM Policy 1 [] YES Foster a pattern of development in the Town of Southoid that enhances com- munity character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal locafion, and minimizes adverse effects of development. ~O [] NOT APPLICABLE The m-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- Policy 2 []YEs o rVe historic resources of the Town of Southold. [] 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 nnllkely to have been the site of recoverable artifacts of past civili?afions. Policy 3 [] Enhance visual quality and protect scenic resources throughout the Town of Southoid. ~O [] NOT APPLICABLE The bulkhead re-sheathing, and the existing bulkhead, are both of low profile, as are the other existing smacXures, 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 dy~amle landscape elements (tidal fluctuations, sea- sonal vegetation changes; seasonal/diurnal changes in ambient 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 bnlkhead 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 smactures 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 $ Protect and improve water quality and supply in the Town of Southold. [] YES ~P~O [] NOT APPLICABLE 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 from the bulk- head during conslruction of the structure 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 chem/cals leaching fiom treated wood. Policy 6 Protect and restore the quality and function of the Town of Southold's ecosys- tem. [] YES ~[10 [] 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 Si~ificant 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- l'me development attributable to the proposed project, and it is not significant ~om the standpoint of a potential adverse impact upon wildlife, shellfish or finfi~h. 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 Protect and improve air quality in the Town of Southold. ~NO [] 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 []YES Minimize environmental degradation in the Town of Southold from solid waste and hazardous substances and wastes. ~O [] NOT APPLICABLE The project as proposed will not result in the generation of any additional solid waste. The handling and storage of pelroleum 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 [] YEs Protect Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. [] NO ~OT APPLICABLE This policy is not applicable to the proposed project. Policy 11 [] YES Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estu~cy and Town waters. [] NO ~'NOT APPLICABLE This policy is not applicable to the proposed project. Policy 12 [] YES Protect agricultural lands in the Town of Southold. [] NO ~rOT 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 27, 2007 Presidem Board of Town Trustees Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 SEP 27 2001 Soethold Town Rnurd of Trustees Re: Application for Permit on Behalf of James Williams, SCTM #1000-115-11-16 Dear Sir: Attached are documents which have been prepared in support of the application for a permit to re-sheath the existing bulkhead and return on the property of James Williams in the Town of Southold. Pmper-T Permit Services represents Mr. Williams in this matter, and a letter of authorization is part of this submission. If there are any questions, or if additional information is needed, please call me. Sincerely, Bnclosurcs: Application Fee ($250) Application Form (3 copies) Letter of Authorization (3 copies) Transactional Disclosure Form (3 copies) Notarized Statement (3 copies) LWRP Consistency Assessment Form (3 copies) Short EAF (3 copies) Vicinity Map (3 copies) Tax Map (3 copies) Project Plan (3 copies) Project Site Photos (3 copies) Survey of Property (3 copies) a subsidiary of THE PECONIC EASTERN CORPORATION 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: James Williams; SCTM 01000-115-11-16 Here is a fresh check for the application fee for this project. Please include this application on the December agenda. The application for the replacement of the bulkhead on the adjoining property to the west (Michael Mitchell, SCTM # 1000-115-11-18.1) should be reviewed and acted upon by the Trustees at the same time. Pages attached: None ~z~ .zO~ ~z: UJUJ 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 BULKHEAD IS CONTINUED FROM PROPERTY TO THE /WEST AS SEPARATELY AP- PLIED FOR FEB 2 6 "'~ Southhokl EXISTING BULKHEAD TO BE REMOVED BY CU'I-rlNG AT GRADE UPON COMPLETION ~, ~- - OF NEW BULKHEAD IN LAND- ~ --' ~ WARD LOCATION DEEP HOLE CREEK ROVED BY .._ ~OA ~I~.~)F I"'R ~'S T E E S TOWN OF $OUTHOLD DATE .~. E~ iUJ CORPS OF ENGENEERS DATA PURP~)SE: Replace 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 SCALE: 1" = 20' ' PROJECT PLAN Application regarding the property of James Williams, SCTM #1000-115-11-16 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutehogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 Revised December 21, 2007 -~XISTING BULKHEAD ' -- s. altemiflora · /~ ~ Iri~ ~ .iGRADE ~-1 ALW --- 18" FACE-TO-FACE 2x12 CAP~ 2x6 FOLLOWER SHADED AREA TO BE EXCAVATED AND LATER BACKFILLED; ESTIMAT- ED 293 cu. yds. PROPOSED NEVV BULKHEAD DEADMEN 8'd. CONTINUOUS PILES 8, d. x6' : NOTE: DISTANCES FROM THE ENDS OF THE PROPOSED NEW BULKHEAD TO EXISTING FIXED STRUCTURES ARE SHOWN ON THE PROJECT PLAN. SCALE: 3/8" = 1' CORPS OF ENGI/qEERS DATA PURPOSE: Replace existing bulkhead to maim Jrt erosion control structure. IN: ~eep Hole Creek COUNTY: Suffolk DATUM: MLW AT: Ma'~ituck STATE: New York MATERIALS TO BE USED FENDER PILES NONE ANCHOR PILES 8~d. x 12' CCA-TREATED; B' - 8' o.c. WALERS 6~ x 8" CCA-TREATED; continuous FOLLOWER 2' x 6"' CC~TREATED; continuous caP 2~x 12- CC, A-TREATED; S4S SHEATHING ]2' VINYL; SHOREGUARD 425 DEADMEN 8" d. CCA-IREATED; continuous TIE RODS %"x 12' HOT-DIPPED GALVANIZED BOLTS %" x 24" HOT-DIPPED GALVANIZED FILTER FABRIC CONTINUOUS NON-WOVEN SECTION VIEW Application regarding the property of James Williams, SCTM #1000-115-11-16 Represented by PROPER-T PERIvl/r SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 Revised December 21, 2007 STREET ADDRESS OF PROJECT SITE: 1000-115-11-16 JAMES & MICHELLE WILLIAMS 200 E. 49TM STREET, APT 3015 N~ YORK, NY 10128 NEVV 102'+ BULKHEAD TO BE CONSTRUCTED LANDWARD OF EXISTING BU BULKHEAD IS CONTINUED FROM PROPERTY TO THE /,,~PLiEST AS SEPARATELY AP- D FOR DEEP HOLE CREEK UJ 3 BULKHEAD TO BE REMOVED UPON COMPLETION OF NEVV BULKHEAD IN LAND- WARD LOCATION NEW 15':~ RETURN TO SE CONSTRUCTED IN SAME LOCATION AS EXISTING , RETURN SCALE: 1" = 20' ' CORPS OF ENGINEERS DATA PURPOSE: Replace existing bulkhead to maintain erosion cofltrol structure; reconstruct retaining 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 2xl 2 CAP 2x6 FOLLOWER GRADE 6x8 WALER AHW GRADE ALW SHEATHING, VINYL SHOREGUARD 425 DEADMEN 8"d. CONTINUOUS ILES 8" d. x6' MATERIALS TO 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 12" CCA-TREATED; S4S SHEATHING 12' VINYL; SHOREGUARD 425 DEADMEN 8" d. CCA-TREATED; continuous TIE RODS 'A"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. IN: Deep Hole Creek COUNTY: Suffolk DATUM: MLW AT: Mattituck STATE: New York SCALE: 3/8' = 1' SECTION VIEW Application regarding the property of Jmes William% 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