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HomeMy WebLinkAboutTR-6841 James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino 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 $OUTHOLD CERTIFICATE OF COMPLIANCE # 0747C Date May 7, 2012 THIS CERTIFIES that the construction of 32' of new 1 to 2 ton rock retaining wall within old seawall line; placement of broken remnants of collapsed seawall section behind new retaining. wall as fill; re-vegetation of area with beach~ass 12' on center; and removal of all debris from the site At 11292 Main Rd., East Marion Suffolk County Tax Map #31-13-9.1 Conforms to the application for Trustees Permit heretofore filed in this office Dated 2/27/08 pursuant to which Trustees Wetland Permit #6841 was issued on 4/16/08 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 The construction of 32' of new I to 2 ton rock retaining wall within old seawall line; placement of broken remnants of collapsed seawall section behind new retaining wall as fill; re-vegetation of area with beachgrass 12' on center; and removal of all debris from the site. The certificate is issued to ROBERT UNGERLEIDER owner of the Aforesaid property. Authorized Signature ROBERT UNGERLEIDER 9 JONES STREET, apt. 6 New York, NY 10014 Phone: 212-645-7038 Cell: 917-533-9015 e-mail: robe~t, unge~e~wassruss, com November 3, 2009 Ms. Loren Standish Southold Board of Trustees PO Box 1179 Southhold, NY 11971 Re: 11292 Main Road, East Marion Dear Ms. Standish: Please be advised that the seawall repair work on the above-referenced property, under Town of Southold permit nos. 6841 and 6841C, issued May 16, 2008, plans revised February 3, 2009 per NYSDEC requirements, has been completed. Costello Marine Contracting Corp. has filed a certificate of completion with NYSDEC. If you need anything further with respect to the file on the above- referenced property, please do not hesitate to contact me. Very truly yours, Robert Unger~ James F. King, President Jill M. Dohcrty, Vice-President Peggy A. Dickcrson 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: ~'"3"-'/>~L ~,~L~ %""~Ch. 275 / Ch. 111 INSPECTION SCHEDULE Pre-construction, hay bale line/silt boom/silt curtain I s~ day of construction ½ constructed Project complete, compliance inspection. INSPECTED BY: ~ /~'/'~' z/O'h ~ ycr COMMENTS: wasser russ douglas f. wasser adam h. russ * isaac alony donna freireich robert j. gurland + robert ungerleider April 14, 2009 Ms. Loren Standish Southold Board of Trustees PO Box 1179 Southhold, NY 11971 Re: 11292 Main Road, East Marion Dear Ms. Standish: You may recall that the Town of Southold issued its pemait to repair the seawall on the above-referenced property last year at this time. Enclosed for your information is a copy of the permit issued by NYSDEC regarding the same seawall repair. Please be advised that it's my intention to have the job done as soon as possible. I am informed by Costello Marine, the contractor, that it probably will be scheduled for July, 2009. If you have any questions or comments, please let me know. Thanks. Very truly yours, ert Ungerleiitt~r /eric. wasser & russ, lip attorneys at law 80 maiden lone I suite 1502 I new york ny 10038 tel: 212430.6040 I fax: 212.430.8041 www.wassruss corn New York State Department of Environmental Conservation Division of Environmental Permits SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409 Telephone (631) 444-0403 Facsimile (631) 444-0360 April 1, 2009 Alexander B. Grannis Commissioner Mr. Robert Ungerleider 9 Jones St., Apt. 6 New York, NY 10014 RE: 1-4738-03832/00001 Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please carefully read all permit conditions and special conditions contained in the permit to ensure compliance during the t~rm of the permit. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. Sincerely, Sherri L. Aicher Environmental Analyst SLA/Is Enclosure NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-473803832 PERMIT Under the Environmental Conservation Law (ECL) Permittee and Facility Information Permit Issued To: ROBERT UNGERLEIDER 9 JONES ST APT 6 NEW YORK, NY 10014 (212) 645-7038 RUTH UNGERLEIDER 9 JONES ST APT 6 NEW YORK, NY 10014 Facility: UNGERLEIDER PROPERTY 11292 MAIN RD EAST MARION, NY 11939 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Facility Principal Reference Point: NYTM-E: 724.1 NYTM-N: 4556.2 Latitude: 41007'34.3'. Longitude: 72°19'49.4" Authorized Activity: Remove broken concrete seawall from beach. Construct 32 linear feet of I to 2 ton rock retaining wall in-place of broken seawall. Backfill with 25 cu. yds. of clean fill from an upland source and plant filled area with Rosa rugosa, 5' on-center. All work must be done in accordance with the attached plans prepared by Costello Marine Contracting last revised February 3, 2009 and stamped approved by NYSDEC on March 31, 2009. Permit Authorizations Tidal Wetlands - Under Article 25 Permit ID 1-4738-03832/00001 New Permit Effective Date: ~ Expiration Date: NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, aH applicable regulations, and all conditions included as part of this permit. Permit Administrator: GEORGE W HAMMARTH, Deputy Regional Permit Administrator Address: 5~/~ NYSDEC REGION 1 HEADQUARTERS SUNY ~ STONY BROOK]50 CIRCLE RD STONY BROOK, NY. 11790 -~40~9// Datc ~/?~/~ Page 1 of 5 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-03832 [ Distribution List SHERRI L AICtIER [ Permit Components NATURAL RESOURCE PERMIT CONDITIONS GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITrEE OBLIGATIONS NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: TIDAL WETLANDS i. State Not Liable for Damage The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result fi.om future operations undertaken by thc State for thc conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 2. Notice of Commencement At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work. 3. No Construction Debris in Wetland or Adjacent Area Any debris or excess material from construction of this project shall be completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. No debris is permitted in wetlands and/or protected boffcr areas. 4. No Disturbance to Vegetated Tidal Wetlands There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activities. $. Seeding Disturbed Areas All areas of sol! disturbance resulting from the approved project shall be stabilized as per the specifications of the approved plans immediately following project completion or prior to permit expiration, whichever comes first. If thc project site remains inactive for more than 48 hours or planting is impractical due to thc season, then thc area shall be stabilized with straw or bay mulch or jute malting until weather conditions favor germination. 6. Storage of Equipment, Materials The storage of construction equipment and materials shall be confined within the project work area and/or upland areas greater than 75 linear feet from the tidal wetland boundary. 7. Clean Fill Only All fill shall consist of clean sand, gravel, or soil (not asphalt, slag, flyash, broken concrete or demolition debris). Page 2 of 5 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-03832 8. No Beach Excavation For Fill No excavation of the beach is authorized for the purpose of obtaining fill or stone materials. 9. Grade to Match that Adjacent to Retaining Wall All fill must be graded to match the elevation of the land immediately adjacent to the bulkhead. 10. Backfilling All peripheral berms, cofferdams, rock revetments, seawalls, gabions, bulkheads or other approved shoreline stabilization structures shall be completed prior to placement of any fill material behind such structures. 11. No Equipment below Apparent High Water Equipment operation below (seaward) apparent high water is strictly prohibited. 12. No Runoff Over or Through Bulkhead or into Wetland There shall be no discharge ofrunoffor other effluent over or through any bulkhead or shoreline stabilization structure or into any tidal wetland or protected buffer area. 13. Conformance With Plans All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or applicant's agent as part of the permit application. Such approved plans were prepared by February 3, 2009. 14. State May Order Removal or Alteration of Work If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstructiun to the free navigation of said waters or flood flows or endanger the health, safety or welfare of thc people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by thc Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 15. Precautions Against Contamination of Waters All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, lcachate or any other cnviromnentally deleterious materials associated with thc project. 16. State May Require Site Restoration If upon the expiration or revocation of this permit, thc project hereby anthorized has not been completed, thc applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. Page 3 of 5 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-038~2 GENERAL CONDITIONS - Apply to ALL Authorized Permits: 1. Facility Inspection by The Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized represenlativc of thc Department of Environmcntai Conservation (the Depamnent) to determine whether the permittee is complying with this permit and thc ECL. Such representative may order the work suspended pursuant to ECL 71- 0301 end SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including ail referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. 2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuence of this permit does not modify, supersede or rescind any order or determination previously issued by thc Department or any of thc terms, conditions or requirements contained in such order or determination. 3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a separate written application to thc Department for permit renewal, modification or transfer of this permit. Such application must include eny forms or supplemental information the Department requires. Any renewal, modification or transfer granted by thc Department must be in writing. Submission of applications for permit renewai, modification or transfer are to be submitted to: Regional Permit Administrator NYSDEC REGION I HEADQUARTERS SUNY ~ STONY BROOKI50 CIRCLE RD STONY BROOK, NY11790 -3409 4. Submission of Renewal Application The permittee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations: Tidal Wetlands. 5. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit. The grounds for modification, suspension or revocation include: a. materially false or inaccurate statements in the permit application or supporting papers; b. failure by the permittee to comply with any terms or conditions of the permit; c. exceeding the scope of the project as described in the permit application; d. newly discovered material information or a material chenge in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; Page 4 of 5 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-03832 noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. 6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of- way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. Page 5 of 5 RETURN THIS FORM TO: PERMIT NL~MBER: PROJECT LOCATION/ADDRESS: CONTRACTOR NAME: NOTICE OF COMMENCEMENT OF CONSTRUCTION COMPLIANCE Marine Habitat Protection NYSDEC 50 Cimle Road - SUNY Stony Brook, NY 11790-3409 OR FAX TO: 631-d~.d-0297 ISSUED TO: ADDRESS: TELEPHONE: Dear Sir: Pursuant to General Cond/t/o~ of the refemaced permit, you are hereby notified that the authorized activity shall commence on · We certify that we have read the referenced permit and approved plans and fully understand the authorized project and all permit conditions. We have inspected the project site and can completa the project as described in the permit and as depicted on the approved plans. We can do so in full compliance with all plan notes and permit conditions. The permit sign, permit and aplxoved plans will he available at the site for inspection in accordance with general Condition No. 1, (Both signatures required) PERMITEE DATE CONTRACTOR DATE THIS NOTICE MUST BE SENT TO THE ABOVE ADDRESS A T LEAST TWO DA YS PRIOR TO COMMENCEMENT OF THE PROJECT AND /OR ANY ASSOCIATED REGUI. A TED ACTIVITIES. FAILURE TO RETURN THIS NOTICE, POST THE PERMIT SIGN, OR HAVE THE PERMIT AND APPROVED PLANS AVAILABLE A T THE WORK SITE FOR THE DURA TtON OF THE PROJECT MA Y SUBJECT THE PERMITTEE AND/OR CONTRACTOR TO APPLICABLE SANCTIONS AND PENAL TIES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS. NOTICE OF COMPLETION OF CONSTRUCTION RETURN THIS FORM TO: PERMIT NUMBER: PROJECT LOCATION/ADDRESS: COMPLIANCE Marine Habitat Protection NYSOEC 50 Cimle Road - SUNY Stony Brook, NY 11790-3409 OR FAX TO: 631-444-0297 ISSUED TO: CONTRACTOR NAME: ADDRESS: TELEPHONE: Dear Sir: Pursuant to General Condition of the referenced permit, you are hereby notified that the authorized activity was completed on · We have fully complied with the terms and conditions of the permit and approved plans, (Both signatures required) PERMITEE DATE CONTRACTOR DATE THIS NOTICE, WITH PHOTOGRAPHS OF THE COMPLETED WORK AND/OR A COMPLETED SURVEY, AS APPROPRIATE, MUST BE SENT TO THE ABOVE ADDRESS WITHIN 30 DAYS OF COMPLETION OF THE PROJECT New York State Department of Environmental Conservation NOTICE The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law for work being conducted at this site. For further information regarding the nature and extent of the approved work and any Department conditions applied to the approval, contact the Regional Permit Administrator listed below. Please refer to the permit number shown when contacting the DEC. Permit Number Expiration Date Regional Permit Administrator ROGER EVANS NOTE: This notice is NOT a permit ~/'o7 '.~o",V - ~2 ·/~'.~O')v . , I °o7 '.eo'gw' - APPROVED BY BOARD OF TRUSTEES TO~'N OF SOUTHO~.D '/ / (~10 477-//$$ 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 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 ¼ constructed Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6841 DATE: APRIL 16~ 2008 ISSUED TO: ROBERT & RUTH UNGERLEIDER PROPERTY ADDRESS: 11292 MAIN RD, EAST MARION SCTM#31-13-9.1 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on April 16, 2008 in consideration of application fee in the sum of $500.00 paid by Robert & Ruth Ungerleider 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 break-up remnants of collapsed seawall section on beach area and construct 32'+/- of new I to 2 ton rock retaining wall within old seawall line. Place broken remnants of collapsed seawall section behind new retaining wall as f'dl, with the condition the area is planted with beachgrass 12" on center using clean fill, and ali debris is removed from the site, and as depicted on the plans prepared by Costello Marine Contracting Corp. dated February 14, 2008. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. ~Bob Ghosio, Jr'~ TERMS AND CONDITIONS The Permittee, Robert & Ruth Ungerleider, residing at 11292 Main Rd., East Marion, NY, 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 Permit:tee 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. 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 Route25 P.O. Box 1179 Southold, New York11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 April 16, 2008 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. & Mrs. Robert Ungerleider 11292 Main Rd. East Marion, NY 11939 RE: 11292 MAIN RD., EAST MARION SCTM#31-13-9.1 Dear Mr. & Mrs. Ungerleider: The Board of Town Trustees took the following action during its regular meeting held on Wed., April 16, 2008 regarding the above matter: WHEREAS, ROBERT & RUTH UNGERLEIDER 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 February 27, 2008, 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 April 16, 2008, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, 2 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 ROBERT & RUTH UNGERLEIDER to break-up remnants of collapsed seawall section on beach area and construct 32'+/- of new 1 to 2 ton rock retaining wall within old seawall line. Place broken remnants of collapsed seawall section behind new retaining wall as fill, with the condition the area is planted with beachgrass 12" on center using clean fill, and all debris is removed from the site, and as depicted on the plans prepared by Costello Marine Contracting Corp. dated February 14, 2008. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $50.00 Very truly yours, James .K~ing President, Board of Trustees JFK/Ims 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 ! 1971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD COASTAL EROSION MANAGEMENT PERMIT Permit #6841C Date: April 16, 2008 SCTM#31-13-9.1 Name of Applicant/Agent: Robert & Ruth Ungerleider Name of Permittee: Robert & Ruth Ungerleider Address of Permittee: 11292 Main Rd., East Marion Property Located: 11292 Main Rd., East Marion DESCRIPTION OF ACTIVITY: To break-up remnants of collapsed seawall section on beach area and construct 32'+/- of new 1 to 2 ton rock retaining wall within old seawall line. Place broken remnants of collapsed seawall section behind new retaining wall as fill. SPECIAL CONDITIONS: Area is replanted with beachgrass 12" on center using clean fill and all debris is removed from the site. The Coastal Erosion Management Permit allows for the operations as indicated on the plans prepared by Costello Marine Contracting Corp. dated February 14, 2008. Permit to construct and complete project will expire two years from the date the permit is signed. , Jam s F~. K~ng, Presid~ Board of Trustees JFK:lms 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 az/g,'7/0 been reviewed by this Board at the regular meeting of and your application has been approved pending the completion of the following items checked off below. has __ 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: $ 50,00 BY: James F. King, President Board of Trustees ~s prepared by the New York Stale Departmeni of REVISIONS TABLE LEGEN[ COASTAL EROSION HAZARD ARE ~ Landward Limit of Natur ,--..~.. Landward Limit of Struc Reference sctm 1000-31-13-9 robe~gerleider Page I of 1 Cantrell, Elizabeth From: vicky, papson@wellsfargo.com Sent: Monday, April 14, 2008 2:15 PM To: Cantmll, Elizabeth Subject: [NEWSENDER] - Reference sctm 1000-31-13-9 robert ungerleider - Message is from an unknown sender Elizabeth As per our discussion, I am very concerned that the retaining wall is consderably shorter than the exisitng wall that was damaged. In addition, My Seawall has been compromised and has already eroded some of my property. I would like to request that the new wall meet the previous wall's height and butt up against my current Seawall. My address is 11120 Main Rd East Marion,NY 203 253 1382. My Seawall is to the right of subject Seawall as you are facing the waterfront. Thank you for you help in this manner. I live in CT during the week and may not be able to attend the hearing. Vicky Papson Sr. Home Mortgage Consultant Wells Fargo 67 Mason St Greenwich Ct 06830 PH: 203- 618-1861-x1005 Fax:203-869-1432 vicky, papson@wellsfargo.com In accordance with the Federal CAN-SPAM Act of 2003, Wells Fargo Home Mortgage m required to disclose that this e-mail may contain an advertisement or solicitation. For your protection, we remind you that this is an unsecured email service, which is not intended for sending confidential or sensitive information. Please do not include your social secudty number, account number, or any other personal or financial information in the content of the email. To see our privacy poricy regarding how we use and protect customer information, please select the following link: ht~D://wwwwe~!sfargo:com/privacy!privacyjh~m! TO discontinue receiving all emails containing solicitation materials from Wells Fargo Bank N.A., including Wells Fargo Home Mortgage, please send an email to NoEm~i!R~quest@we!!sfargo corn with your name and email address. Wells Fargo Home Mortgage is a division of Wells Fargo Bank, N.A. © 2005 Wells FaRo Bank, All rights reserved. Equal Housing Lender. Wells Fargo Home Mortgage-2701 Wells Fargo Way*Minneapolis. MN 55467~8000 4/14/2008 James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report DateFl-ime: /-//'/~/~ ROBERT & RUTH UNGERLEIDER request a Wetland Permit to break-up remnants of collapsed seawall section on beach area and construct 32'+/- of new 1 to 2 ton rock retaining wall within old seawall line. Place broken remnants of collapsed seawall section behind new retaining wall as fill. Located: 11292 Main Rd., East Marion. SCTM#31-13-9.1 Type of area to be impacted: ~./?Saltwater Wetland Freshwater Wetland __Sound Z/BaY Distance of proposed work to edge of wetland ~,a~ of Town Code proposed work falls under: __Chapt.275 Chapt. 111 other Type of Application: ~'/Wetland Coastal Erosion Amendment ~Administrative__Emergency Pre-Submission __Violation Info needed: Modifications: Present Were: ,/&King ~J.Doher~y '~'~P.Dickerson b~D.'Bergen__ B.Ghosio, ~k~ D. Dzenkowski t,/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-! 892 Fax (631 ) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., April 9, 2008, the following recommendation was made: Moved by Don Wilder, seconded by Peter Young, it was RESOLVED to SUPPORT the Wetland Permit application of ROBERT & RUTH UNGERLEIDER to break-up remnants of collapsed seawall section on beach area and construct 32'+/- of new 1 to 2 ton rock retaining wall within old seawall line. Place broken remnants of collapsed seawall section behind new retaining wall as fill. Located: 11292 Main Rd., East Marion. SCTM#31-13-9.1 Inspected by: Don Wilder, Glen McNab, Peter Young Vote of Council: Ayes: All Motion Carried Robert Ungerleider 11292 Main Road, East Marion 2/12/08 Robert Ungerleider 11292 Main Road, East Marion 2/t2/08 Robert Ungerleider 11292 Main Road, East Marion 2/12/08 -__ ! COUNTY OF SUFFOLK (~) ~~l~ ~ SOUTHOLD ~EC~,ON NO -11 APPROVED BY BOARD OF TRUSTEES TOWN OF SOUTHOLD / / -. .......... 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: April 16, 2008 Soulhhold Town Board of Tmstee~ Re~ Request for Wetland Permit for ROBERT & RUTH UNGERLEIDER SCTM#31-13-9.1 ROBERT & RUTH UNGERLEIDER request a Wetland Permit and Coastal Erosion Permit to break-up remnants of collapsed seawall section on beach area and construct 32'+/- of new 1 to 2 ton rock retaining wall within old seawall line. Place broken remnants of collapsed seawall section behind new retaining wall as fill. Located: 11292 Main Rd., East Marion. SCTM#31-13- 9.1 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the following Policy Standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickereon Dave Bergen lohn Holzapfel Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-189,~ Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only ~,~eastal Erosion Permit Application tland Permit Application Administrative Permit Amendment/Transfer/Extension ,-.-R(c~d Application:~ -~KeceivedFcc:$ t~-'~'-~ ~_~c~p Completed Application Incomplete SEQRA Classification: Type I Type II Unlisted Coordination:(date sent) .--LWRP Consistency Assessment Form CAC Referral Sent: ~ate of Inspection: Receipt of CAC Report: Lead Agency Determination:__ Techrdcal Review: ~-Public Heating Held: q ! t (0 Resolution: Name of Applicant Robert and Ruth Un,qerleider Address 11292 Main Road, East Marion, New York 11939 Phone Number:( ) 631-477-8684 Suffolk County Tax Map Number: 1000 - o -1 Property Location: 2 driveways east of Truman's Path, on the Bay - LILCO Pole #285/108 (provide LILCO Pole Cf, distance to cross streets, and location) AGENT: N.A. (If applicable) Address: Phone: Boar~of Trustees Application GENERAL DATA Land Area (in square feet):. 49,720 Area Zoning: one family residential Previous use of property: one family residential Intended use of property: one family residential Covenants and Restrictions: X Yes No If "Yes", please provide copy. Attached copy of easement Prior permits/approvals for site improvements: Agency Date Bui din.q Department (renovation) _. 1995-1996 __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X No__ Yes If yes, provide explanation: N/A Project Description (use attactunents if necessary): Portion of sea wall, approximately 30 feet long at South Western corner of property fell down. The project is to replace same with rock jetty consisting of 15-20 stones, 1 tO 2 tons each Boar~f Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Reolace fallen section of sea wall approximately Area of wetlands on lot: -~25DD~3Br10~square feet Percent coverage of lot: .05 % Closest distance between nearest existing structure and upland edge of wetlands: 10 feet Closest distance between nearest proposed structure and upland edge of wetlands: 10 feet Does the project involve excavation or filling? No X Yes If yes, how much material will be excavated? How much material will be filled? approx. 30 0 cubic yards cubic yards on exis, ting ~ . Depth of which material will be removed or deposited: gracle met Proposed slope throughout the area of operations: appm~' ~.a ct~0rees Manner in which material will be removed or deposited: The concrete on the beach will be removed and placed behind the existing w@ll line. 15 to 20 stones, I to 2 tons each will be installed within the old wall line. where the concrete fell. 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): None Boar~of Trustees Application COASTAL EROSION APPLICATION DATA Purposes of proposed activity: Replace portion of sea wall Are wetlands present w/thin 100 feet of thc proposed activity? No X Yes Does the project involve excavation or filling? No X Yes If Yes, how much material will be excavated? O (cubic yards) How much material will be filled? approximately 30 (cubic yards) Manner in which mater/al will be removed or deposited: The stone will be floated to the property by barge and deposited by derrick Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) None James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Sr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of ...... COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, ~&,~--"I" orla-~.~-t~rb.~.~residing at q~5 '~,~~ ~ /fiD/ being duly sworn, depose ahd say: That on theS~day of ~1~, 200~I personally posted thp prope~y ~own as by placing the Bo~d of Trustees official poster Where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held Dated: Sworn to before me this /5't2t- day of/~0r~'1200g:~ Notary Public (sign~ur'e) ,~O/~M H RUSS County Comm,ssJor)i~ EXpires Nov 3, 2nf)~ PROOF OF MAILING OF NOTICE ATTACH CERTHqED MAIL RECEIPTS Address: STATE OF NEW YORK COUNTY OF ~ ~'~ ~ ~. ~. ~ .~ II ~gfbeing duly sworn, d~oses ~d says that on ~e ~ ~y of~ 20~deponcnt mMl~ a ~c copy of ~c Notice set fo..in ~c Bo~d o~t~ Application, d~t~ to ~ch of ~e above n~ ~o~ at ~e ad~ set op~te ~e ~fiv¢ n~es; ~at ~e ~ss~ set opposite ~e ~m of~d pe~ ~ ~e ~&~ ofs~d pmo~ ~ sho~ on tho ~s~ent mil of~e To~ of Sou~old; ~t s~d Notie~ weg m~led ~ ~e Umt~ Smtm Post O~iceat t~.~o 'ten-K . Dx/ (cvaiiied)~ mat." ' Sworn to before me this, Dayof ,4pr;I ,2oo$ Notary Public · that said Notices were mailed to each of said persons by COmmission F~pires t' ov 3, 200~j 1'13 ,~ OFF CIAL USE OFFICIAL USE TOtal Postage & Fee I OFF C~AL USE Postage Cerafled Fee Retum Receipt Fee Postmark Here '~1~ OFF C~AL USE rtl OFFiCiAL USE Ce~dfied Fee NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES~ TOWN OF SOUTHOLD In the matter of applicant: Robert and Ruth Ungerleider YOU ARE HEREBY GIVEN NOTICE: 1. SCTM# 1000-31-13-9 That it is the intention of the undersigned to request a Permit fi.om the Board of Trustees tO: Replace fallen section of sea wall 2. That thc property which is the subject of Environmental Review is located adjacent to your property and is described as follows: Ungerleider Property 11292 Main Road (Route 25) R.O.W. off Main Road East Marion, NY 3. That the project which is subject to Environmental Review under Chapters 32, 37, and/or 97 of the Town Code is open to public comment on: . You may contact the Trustees Office at 765-1892 or in writing. The above-referenced proposal is under review of the Board of Trustees of thc Town of Southold and does not reference any other agency that might have to review same proposal. OWNERS NAME: Mr. & Mrs. Robert Un.qerleider MAILING ADDRESS: 9 Jones Street NewYork, NY 10014 PHONE #: 917-533-9015 Enc: Copy of sketch or plan showing proposal for your convenience. PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: STATE OF NEW YORK COUNTY OF SUFFOLK , residing at. , being duly sworn, deposes and says that on the day of ,20 , deponent mailed a true copy o£ the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at , that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this Day of ,20 Notary Public PROJECT 10 NUMBER 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only SEQR PART 1 - PROJECT INFORMATION ( To be completed by Applicant or Project Sponsor) 2. PROJECT NAME Rep ace portion of sea wall county Suffolk APPLICANT / SPONSOR Robert Ungerleider 3.PROJECT LOCATION: 11292 Main Road Municipelity East Marion, NY 4. PRECISE LOCATION: Street Addess end Road Intersections, Prominent landmarks elc -or erovide mad 2 driveways east of Truman's Path, on the Bay LILCO Pole #285/108 5.15 PROPOSED ACTION: [] New E"-~Expan$ion I--',XlModiflcetion/altelation 6, DESCRIBE PROJECT BRIEFLY: Replace approximately 30 feet of fallen sea wall. 7. AMOUNT OF LAND AFFECTED: InlBatly .01 acres Ultimately .01 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? [_~ Yes b.~ NO If no, describe briefly: 9. WHAT IS PRESENT LAND USE IN VtClNITY OF PROJECT? (Choose as many as apply.) [~ResidenUal ~]lndustrial r~Commercial [~]Agriculture ["-~Park/Forest/OpenSpace ['--IOther(describe) 10 DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, Stateor Local) [~Yes [-'--]No If yes, list agency name and permit / approval: Town of Southold 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [~Yes [~No if }'es, list agency name and permit / approval; 12. AS A RESULT Of PROPOSED ACTION W~LL EX~STING PERMIT/ APPROVAL REQUIRE MODtFICATION? r~Yes r~No I CERTIFY THAT THE tNFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponsor Name Date: Signature If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART Il - IMPACT ASSESSMENT ITo be completed by Lead A~enc¥) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN E NYCRR, PART 617.47 If yes, coordinate the review process and use tho FULL EAF~ WILL ACTION RECE VE COORD NATED REV EW AS PROVIDED FOR UNLtSTED ACTIONS IN 6 NYCRR, PART 617.67 If NO, a negative declaration may be superseded by another tevoNed agency. ~'] Yes ~'~NO C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WiTH THE FOLLOWING: (Answers may bo handwritten, [f legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flaodlng probterns? Explain briefly: C3. Vegetation or [auna, fish; shelffieh or wildlife species, significant habtiats, or threatened or endangered species? Explain briefly: C4, A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain I)rietly: C5. Growth, subsaquenl development, or related a~ihti~a likely to be induced by the proposed action? Explain 5riefly: C6. Long term, Shor~ t~r~mu!ative, or other effects not ide'nii~e'd in &l-eR? Explain brleii~; C7 Other impacts !'(J~cluding'i!' ichanges in use of either qu~niity i°r ~'t~pe ~l'~ergy? ~Xpiai~! biiefl~,~,i NO .......... , D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRtTIt;AL ENVIRONMENTAL AREA [CEA/? (If yes, ex plain bflet]}': I N°Il , ............ , .......... , E. IS THERE, OR IS THERE LIKELY TO SE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If yes explain; PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For eachadvers~e~ectidentifledab~v~determinew~1etherit[ssubstantia~arge'imp~rtant~r~herwisesignifican[~ Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreve¢sibility; (e) geographic scope; and (t) magnitude. If necessary, add atlachments or reference supporting maledals. Ensure that explanations conlain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was chocke~i yes, the determination of signiticance must evaluate the potentialimpact of the proposed action on the environmental characteristics et the CEA. Check this box Il'you have id entitled one or more potentially large or significant adverse impacts which IV~Ay occur. T he n p~'oceed directly to Iha FULL EAF and/or prepare a positive declaration, Check this box if you have de[ermined, based on the information and analysis above and any supporting documentation, Ihat [be proposed aclio~ WILL NOT result in any significant adverse erwiranmental impacts AND provide, on attachments as necessary, the reasons supporting th~s determination, Name of Lead Agency Dote Title of Responsible Officer Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from responsible officer) Board of Trustees Application County of New York State of New York Robert Ungedeider BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HF~REIN ARE TRUE TO THE BEST OF HIS/Iq]ER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN TFIIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN' TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OK BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES 1N CONJUNCTION WITH REVIEW OF THIS APPLICATION. Signature SWORN TO BEFORE ME THIS ~ DAY OF__[~_ , 2008 Notary Pu~bli "" KATHRYN S. MATTIA Notary Public, Stats of New Yo~ No. 30-MA4821926 Oualified in Nassau County Commission Expires March 30, 20 of Trustees Application AUT~ORI ZATION (where the applicant is not the owner) (print owner of property) residing at (mailing address) do hereby authorize (Agent) to apply for permit(s) from the southold Board of Town Trustees on my behalf. (Owner's signature) 8 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Tow~ 9~ $9Uthold's Code of Ethics orohibits conflicts ofinte~st on the tort of town 6ffleers and ~ntpl0yeus. TI~e purpoSe of this form is to vrovidc information which can alert tho town ofnossibl6 conflicts of intem~t and allow it to take what~y~r actio~ necessary to avoid same. - YOUR NAME: I Inn~rl~id~r Rnhmrt (L~sYname, £ff~t r~ame, ~niddlc ~nitia], u~less you are applying io the nama of someone ~lse or other antity, snch as a company. If so, indica~ the.other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax gtiovance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (lf"Other",nametheactJvlty.) Permit to repair fallen .q~_~ wall Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee ct'the Town of Southold? "Relationship" includes by blood, marriage, or bus'loess interest. "Busines~ 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 thc town officer or employ~ owns more than 5% of thc shams, YES NO X , If you answered "YES", complete the balance ct'this form and date and sign where indicated, Name of person employed by the Town of Southold Title or posilion of that person Describe the relationship between yourself (the applicanl/agent/mpre*entatlve} and the town officer or employee. Either check the appropr ate line A] through D) and/or describ~ in the space pro,/ided. The lawn officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): __A) the o~wner 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 in.rest in a non-corporate entity (when the applicant is not a coq~oratlon); C) an officer, director, par~er, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this day of Signature 20o~ PrintName Robert IInoArl~id~r FormTS1 ' ~'own of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form shonld review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significm~ beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus~ each answer must be explained in detail~ listing both supporting and non- suooortin~ facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 051 13 9 PROJECT NAME Mr. and Mrs. Robert Un,qerleider The Application has been submitted to (check appropriate response): TownBoard [--] Planning Board [--] Building Dept. [--] BoardofTrnstees Category of Town of S outhold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital [] construction, planning activity, agency regulation, land transaction) [] (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: [] Nature and extent of action: Portion of sea wall, approximately 30 feet long at South Western corner of prop~.rt.v foil down. The pro!ect s to replace same with rock ietty consisting of 15-20 stones: 1 to 2 tons each. Location of action: Site acreage: Present land use: 11292 Main Road, East Marion, NY 11939 1.243 acres Residential Present zoning classification: Residential If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Nameofapplicant: Robert and Ruth Ungerleider (b) Mailing address: 9 Jones Street, New York1 New York 10014 (c) Telephone number: Area Code (212) 255-4861 (d) Application number, if any:_ Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No [] If yes, which state or federal agency?. C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, ami minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evahiation criteria. [~Yes [] No [~NntApplieable The project is to repair the sea wall on land with one private residence thereon. This policy is not applicable because it does not involve community character, a different use or further development. Aaach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [] Yes ~--~ No [] Not Applicable ~ Thi~ ,nr~iicy i.~ not applicable because there are no archaeological or historic feature involved in thi~ ,nr~!~r~f. the repair of an existinq sea wall that is not a landmark or historic structure of noteT' Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout thc Town of Southold. Sec LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [] Yes [] No [] Not Applicable Thirty feet of fallen sea wall is lying on the beach. This stone will be broken and removed and replaced with rock !etty. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III -Policies Pages 8 through 16 for evaluation criteria ~ Yes ~'~ No ~ Not Applicable The project will result in greater protection for the dunes landward of the sea wall. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section II[ - Policies Pages 16 through 21 for evaluation criteria Yes [] No [~ Not Applicable Whi.~ policy is not applicable because it does not involve drinking water or irrigation water. A~tach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes No Not Applicable This policy is not aoDlicab e because the sea wall is well above the high tide line and there wotJld h~. no ~.limination of wet lands or adverse effect to birds, shell fish or other marine life. Attach additional shee~s if necessm-y Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria, ~-] Yes [] No ~-~ Not Applicable Thig policy is not applicable because repair of a sea wall will have no effect on air quality. ..._ Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] Yes ~-] No [-~ Not applicable _This policy is not applicable because the project will not involve solid waste or hazardous g~ ~hgt2nc:~.s or wasteS, PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluatioa criteria. [] YeJ~ No[] Not Applicable This policy is not applicable because there is not public access invovled in the project, which is on privately owned residential property. Attach additional sheets if necessary ~ORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III- Policies; Pages 47 through 56 for evaluation criteria. Thin pc~!!r? ia nnt 2pplicahle'h~c, ause the project is reoair of an existin.q sea wall on private r~icl~nfi21 property (,which is a permitted use under LWRP). A'~ach additional shoets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, thc Peconic Estuary and Town waters. See LWRP Section HI -Policies; Pages 57 through 62 for evaluation criteria. Thi,q pnlicy i.q not applicable because the project will have no effect on living marine resources. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section II1 - l uhe~es; Pages 62 through 65 for evaluation criteria. This policy is not applicable because the proiect does not involve agricultural lands. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See I,WRP Section Ill - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [] No ~ Not Applicable Thin polic, y i,q nnt applicable because the project does not involve the use or development_o~___ energy or mineral resources. PREPARED BY Robert Ungerleider TITLE DATE 2 /2_ b, 2008 ROBERT UNGERLEIDER 9 JONES STREET NEW YORK, NY 10014 (212) 645-7038 Cell (917) 533-9015 FEDERAL EXPRESS Ms. Loren Standish Southold Board of Trustees PO Box 1179 Southhold, NY 11971 Re: Dear Ms. Standish: February 26, 2008 11292 Main Road, East Marion: application for seawall permit Enclosed are three (3) copies of the executed application referred to above, together with three (3) copies each of the plans, survey and photographs of the project site. In accordance with the instructions, also enclosed is a check for $250 for the filing fee. If anything else is required, please call me on my cell phone (917-533-9015) or at my office (212-592-5974). Thanks. Very truly yours, /encs.