Loading...
HomeMy WebLinkAboutTR-6828 James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hail 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. 6828· DATE: FEBRUARY 27, 2008 ISSUED TO: MICHAEL BEHRINGER & NISHA KUMAR PROPERTY ADDRESS: 1755 SHORE DRIVE, GREENPORT SCTM# 47-2-31 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 Trnstees adopted at the meeting held on February 27. 2008, and in consideration of application fee in the sum of $250.00 paid by Michael Behrineer & Nis_ha Kumar and sUbject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and pern~lts the following: Wetland Permit to reconstruct 100 linear feet of existing bulkhead to be rebuilt in-line with neighboring bulkheads using C-Loc vinyl sheathing, and install two (2) new 12' returns, and for the existing split-rail fence at the top of the bulkhead, with the condition that ali drainpipes to be permanently removed from the bulkhead, the wire fencing on the split-rail fence be permanently removed, the installation of a 10' non- turf buffer from top of bulkhead, gutters, leaders and drywells installed on the dwelling to contain roof runoff and in accordance with Chapter 236 of the Town Code-Storm Water Runoff, and as depicted on the site plan prepared by Sea Level Mapping, last dated April 30, 2008, and received on May 20, 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. TERMS AND CONDITIONS The Permittee Michael Behringer & Nisha Kumar, residing at 25 Cat Rock Road, Cos Cob, Connecticut -- 06807 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 Permittec 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 cimumstances warrant, request for an extension may be made to the Board at a later date. That this Permit shOuld be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. The Permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Department of Real Properties Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety (90) calendar days of issuance of this permit. That the said Board will be notified by the Permittee of the completion of the work authorized. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 February 27, 2008 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Ms. Patricia C. Moore 51020 Main Road Southold, NY 11971 RE: MICHAEL BEHRINGER & NISHA KUMAR 1755 SHORE DRIVE, GREENPORT SCTM# 47-2-31 Dear Ms. Moore: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, February 27, 2008 regarding the above matter: WHEREAS, Patricia C. Moore, Esq. on behalf of MICHAEL BEHRINGER & NISHA KUMAR applied to the Southold Town Trustees for a permit under the previsions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated November 28, 2007, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on February 27, 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 conceming this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southoid Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of MICHAEL BEHRINGER & NISHA KUMAR to reconstruct 100 linear feet of existing bulkhead to be rebuilt in-line with neighboring bulkheads using C-Loc vinyl sheathing, and install two (2) new 12' returns, and for the existing split-rail fence at the top of the bulkhead, with the condition that all drainpipes to be permanently removed from the bulkhead, the wire fencing on the split-rail fence be permanently removed, the installation of a 10' non-turf buffer from top of bulkhead, gutters, leaders and drywells installed on the dwelling to contain roof runoff and in accordance with Chapter 236 of the Town Code-Storm Water Runoff, and as depicted on the site plan prepared by Sea Level Mapping, last dated Apdl 30, 2008, and received on May 20, 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: $50.00 Very truly yours, James F. King President, Board of Trustees JFK/eac James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O~ Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Please be advised that your application dated ,/( )2dc,_.r'~l'~e¢ been reviewed by this Board at the regular meeting of and your application has been approved pending the completion'of following items checked off below. , y~Revised Plans for proposed project /o z.~,, __ Pre-Construction Hay Bale Line I nspe'~ctt~ Fe/~ee ($c~50./~0~)~:¢.~;¢10¢ __ 1st Day of Construction ($50.00) ½,,6onstructed ($50.00) ~Final Inspection Fee ($50.00) Dock Fees ($3.00 per sq. ft.) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE: $ BY: James F. King, President Board of Trustees Donald Wilder, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (63 I) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., January 16, 2008, the following recommendation was made: Moved by Peter Young, seconded by Jack McGreevy, it was RESOLVED to SUPPORT the Wetland Permit application of MICHAEL BEHRINGER & VESHA KUMAR to reconstruct 100 If. of existing bulkhead within 18" using C-Loc vinyl sheathing, and install two (2) new 12' returns. Located: 1755 Shore Dr., Greenport. SCTM#47-2-31 Inspected by: Peter Young, Jack McGreevy The CAC Supports the application with the Condition of a 15' non-turf buffer and a site drainage plan. Vote of Council: Ayes: All Motion Carried DODGE Date 18. weapon(s) S. Case N6. 2O. city, state, Zip(nc ~-1 T ~] V) Incident NO. 43.5ex I 73. 71, Towe~ By: 72. Vehicle Notes TO: DCJS-3205 (2/97] *FALSE STATEMENTS ARE PUNISHABLE AS A CRIME, PURSUANT TO THE NEW YORK STATE PENAL LAW. 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) 765-664] BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Southold Town Board of Trustees Field Inspection/Work session Report Date/Time: I / i ~, Og MICHAEL BEHRINGER & VESHA KUMAR request a Wetland Permit to reconstruct 100 If. of existing bulkhead within 18" using C-Loc vinyl sheathing, and install two (2) new 12' returns. Located: 1755 Shore Dr., Greenport. SCTM#47-2-31 Type of area to be impacted: Saltwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of above: P~C of Town Code proposed work falls under: hapt.275 Chapt. 111 other Type of Application: ~"Wetland __Coastal Erosion __Amendment __Administrative _Emergency Pre-Submission Violation Planning Info needed: Modifications: Conditions: Pr.r.r.r~ent Were: 5J.King __J.Doherty :/P.Dickerson D. Bergen__ B. Ghosio, Jr __H. Cusack D. Dzenkowski Mark Terry__other Form filled out in the field by Mailed/Faxed to: Date: Environmental Technician Review - 10/22/2008 15:13 FAX 631 768 MOORE LAW OFFICES ~ OOl PATRICIA C. MOORE Attorney at Law So.hold, Ne;vYork 1!97'I Tel: (~31) 765-4330 Fax:: (831) 765-4643 October 22, 2008 Attn: Lauren Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 RE: BEHRINOER/KUMAR PREMISES: SHORE DRIVE, DREEI~ORT (DOCK) SCTM # 1000-47-2-31 Dear Lauren: With reference to the above, please be advised that the permit applied for contained the incorrect first name of one of the owners. The per~it was issued on 2/27/08 as pezmit no# 6828 in the names of Michael Behringer and ~'Vesha Kumar. We respectfully request that the pez~mit be corrected to read, Michael Bchrinqer and Nisha Kumar. Thank you for your continued,.o~peratlon~ ~ ' . Ve r~/~tt~uly yours,. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, NewYork 11971 Tel: (631) 7654330 Fax:: (631) 7654643 May 20, 2008 Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 RE: BEHRINGER/KUMAR/GARDNER PREMISES: SHORE DRIVE, GREENPORT SCTM # 1000-47-2-30 & 31 (DOCK) Dear Board members: With reference to the above and pursuant to your enclosed memo, please find enclosed three (3) prints of the revised map. Thank you. truly yours, Patricia C. Moore PCM/bp Enclosures c:Mr. MichaclBe~ingeretal 02/13/2008 13:45 FAX 631 78 143 MOORE LAW OFFICES Trustees ~001 PATRICIA C. MOORE Atlorney at Law 51020 Main Road Southold, New Yor~ 11971 Tel: (631) 765-4330 Fax:; (631) 765-4643 February 13, 2008 Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 FEB 13 2008 IrE: BEHRZNGEK/KUMAR/GARDN~R P~MISES= BHOI~E DRIVE, GR~ENPORT (DOCK) SC'I"~I # 1000-47-2-30 & 31 Dear Board members: With reference to the above, please let this letter serve a request to amend the existing permit application so as to include stairs from the dock to the beach, running parallel to the bulkhead. We would also like to amend our permit application to include a split rail fence at the top of the bulkhead. Thank you. Very truly yours, ~C. Moore , PCM/bp Enclosures 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 To: From: LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM James King, President Town of Southold Board of Trustees Mark Terry, Principal Planner ,,~\"-~ LWRP Coordinator Date: January 7, 2008 Re: Proposed Wetland Permit for MICHAEL BEHRINGER & VESHA KUMAR SCTM#47-2-31 MICHAEL BEHR1NGER & VESHA KUMAR request a Wetland Permit to reconstruct 100 lf. of existing bulkhead within 18" using C-Loc vinyl sheathing, and install two (2) new 12' returns. Located: 1755 Shore Dr., Greenport. SCTM#47-2-31 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Toxvn of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Fom~ submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is generally CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided that the bulkhead is replaced in place as per the following policy: Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. Conwly with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed action does not comply with § 275-11. Construction and operation standards. Section (B1) item (a). "(1) Bulkheads, retmning walls, revetments and gabions. (a) Only in-place replacement of existing functional bulkheads (as defined in § 275- 2) is permitted. In-kind replacement relates to the position and dimensions and does not necessarily require or allow for the use of the same materials. At its discretion, the Board may allow for a one-time projection of the replacement structure seaward of the original, only if such placement will not project the proposed structure seaward of adjacent, neighboring structures and if the proposed installation is in close proximity to the original structure. Any subsequent repair or replacement following the first replacement requires the structure to be built on or landward of the original structure." The proposed action will proiect further seaward of the existing wood bulkheads to the west and east of the property. Please require that the applicant amend the application to meet the above policy to the greatest extent possible. If the action is approved the following best management practices (BMP's) are recommended: 1. Require a minimum 20' non-turf buffer landward of the bulkhead. The BMP will further Policies 5, Protect and improve water quality in the Town of Southold and 6.3 Protect and restore tidal and freshwater wetlands, item D (below). D. Provide adequate buffers between wetlands and adjacent or nearby uses and activities in order to ensure protection of the wetland's character, quality, values, and functions 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. Dickerson Dave Bergen John Hokapfel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Route 25 P.O. Box 1179 Southokl, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 Office Use Only Coastal Erosion Permit Application · ~"~Tetland Permit Application __ Administrative Perm/t AmendmenffTrans fer/Extension ~----"~Received Application:~J_~') · ./l~eceived Fee:$t~ ~q) '~ --~Completed Appli~a tion Incomplete __SEQRA Classification: Type I Type II Unlisted Coordination:(date sent) ~LWRP Consistency Assessment Form I -42ACKeferral Sent: 1041~13) --"Date of Inspection:' Il lite/F)~ Receipt of CAC Report! - ' ~ ...... Lead Agency Determ/n~iion: Technical Review: ~Public Hearing Held: ~ / ab I(~ ~ __Resolution: Phone Number:()'7~ ~(o - Suffolk County Tax Map Number: 1000 - ~-/7 ~ 0'2 -- ,~ / Pr°pertyL°catmn:l ~fi)O,X ~)rt~__~ ("~ (provide LILCO Pole #, distance to cross streets, and location) AGENT: (If applicable~ Address _Phone:_ Board of Trustees AppliOion GENERAL DATA Land Area (in square feet): /2_, ~900 ~-?/'%- Area Zoning: Previous use of property: Intended use of property: /.2] /"le'4,u' 12 Fe~,,cr~v~,og- Covenants and Restrictions: Yes X No If "Yes", please provide copy. Prior permits/approvals for site improvements: Agency Date __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? ~( No__ Yes If yes, provide explanation: Project Description (use attackments if necessary): Board of Trustees Appli~ WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: o Area of wetlands on lot: ,/t2t9 square feet Percent coverage of lot: ' O/ Closest distance between nearest existing structure and upland edge of wetlands: /¢ ~/ feet Closest distance between nearest proposed structure and upland edge of wetlands: /-//a/ 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? Depth of which material will be removed or deposited: Proposed slope throughout the area of operations: 7F~a..~' Manner in which material will be removed or deposited: / cubic yards cubic yards feet 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): PROJECT ID NUME~ER PART I - PROJECT ~NFORMATION 1. APPLICANT / SPONSOR 3.PROJECT LOCATION: ~ ~ ~. 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by Applicant o¢ Project Sponsor) 2~,~O JECT NAME 4. PRECISE LOCATION: Street Addess and Road Intersections. Promlnenl landrnarks e[c - or provide mad SEQR 5. IS PROPOSED ACTION: [] New [] Expansion DESCRIBE PROJECT BRIEFLY: ¢-.C6~ s-k-¢.~ cA- AMOUNT OF LAND AFFECTED: Initially -, ~_..&"' acres UIUmately ~ Z~*"- acres WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? [~Z~Yes NO If no, describe bdefly: 9. WHAT IS PRESENT LAND USE iN VICINITY OF PROJECT? (Choose as many as apply.) ]Other (describe} 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. AGENCY (Federal. State or Local) ~_yes [] No If yes. Ils, agency name and permJ, /approval: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ~Yes E~No ',1~ yes, list agency name and permit / approval: 1~. AS A RESULT OF PROPOSED ACTION WiLL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE E~ES'I' OF MY KNOWLEDGE Applicant / Sponsor ~~~ IL- ~'--[ ~.*t~.~¢~ Date: Signature /' .~"r,,/~,-~ -- If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART Ii - IMPACT ASSESSMENT (To be completed by Lead Agency) A DOES ACTION F~XCEED ANY TYPE I THRESHOLO IN 6 NYCRR, PART 61747 Ff yes, cOOrdinate the review process and use the FULL fAF. B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACT OHS IN 6 NYCRR, PART 617.67 If NO, a negative declaration may be superseded by another involved agency C COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING; (Answers may be handwritlen, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, exisdng traff3c paHem, solid waste production or d~sposaL potangaJ for erosion, drainage or ffooding prOblems? Explain briefly: C2. Aesthetic, agricultural archaeological, hlstorio, 'or ;[her nai~rai Or ~,tural r~;;~;~;;i'~; ~;~rnungy or neighborh~o~l C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitat.s, or threatened or endangere(~ species'/~(~lai~ b~fly: "- C4. A communily's exi~fing plans or goals as ofrmlalJy adopted, or a change in use or inter~il-y ~f u~e of land o~ oihe~ nai~l [esources? C7. Other Impacts Cncludin~ chances in use al either quan~ or t7, pe of energy? ~plain bdeflT: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONME~AL CHA~CTERISTICS THAT CAUSED THE ESTABLISHME~ OF A CRITICAL ENVlRONMENTAL AR~ (C~)? (ti ~es, explain briefly: E. IS TH ERE, OR IS THERE LIKELY TO BEt CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If yes explain: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) iNSTRUCTIONS: F~reachadversee~ectiden~i~edabeve~determinewhetheritissubstantia~ar~e~imp~r[ant~r~tberwisesignific~n~ Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c} duralion; (d) irreversibilib/; (e) geographic scope; and (0 magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all reJevanl adverse [mpacLs have been idenlified and adequalely addressed. If question d of part ii was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental chore cteristics of th e CEA. C beck this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/ar prepare a bosifi(,e declaregon. Check this box if you have determined, based on the information and analysis above and any supporting documentation, thai the proposed actio, WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons suppoding thi determination. Name of Lead Agency TiUe of Responsible Officer Print or Type Name of Responsible Offmer in Lead Agency Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) PATRIClA C. MOORE Attorney at Law 51020 Main Road Southold, NewYork 11971 Tel: (631) 765-4330 Fax:: (631) 765-4643 January 11, 2008 Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 RE: BEHRINGER/KUMAR PREMISES: SHORE DRIVE, SCTM # 1000-47-2-31 GREENPORT (BULKHEAD) Dear Board members: With reference to the above, enclosed please find certified mail receipts, affidavit of posting, and copy of letter to neighbors. Thank you. bp Enclosures Pat~lt-~f~-~oore By: Bets~kkins, LA BOARD OF TRUSTEES TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of MICHAEL BEHRINGER & VESHA KUMAR Applicant's Land Identified as 1000-47-2-31 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILING I, Betsy P, erkins, residing at Mattituck, New York, being duly sworn, depose and say that: ~,. On the'~ day of January, 2008, I personally mailed at the United States Post Office in Soutl~ofd, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to the neighbors on the attached list. Attached hereto is the white receipt post-marked by the Southold Post Office on said date. ~t~r~ ~ Sworn to before me this //7-// day of January, 2008. ~ (Notary Public) MARGARET C. RUTKOWSK] Notary Pubhc, State of New York No. 4982528 CommQUalified in Suffolk County ., ission Expires June 3, _:~_ / i PLEASE list, on the back of t~is Affidav~TbT-on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. NEIGHBOR LIST FOR BULKHEAD APPLICATION 1000-47-2-31 ELLIS & LARRY RENGIFO 3-33 PARSONS DRIVE WHITESTONE NY 11357 SCTM: 1000-47-2-32 ELIZABETH GARDNER 2932 DAVIS STREET OCEANSIDE NY 11572 SCTM: 1000-47-2-30 RECEIPT 7192 6463 3110 00o0 5275 FROM: Patricia C Moo~e Esq RE: TRUSTEES-BEHRINGER E SEND TO: ELLIS & LARRY RENGIFO 3-33 pARSONS DRIVE WHITESTONE NY 11357 FEES: Postage 0 41 RECEIPT 7192 6465 3110 ~0 5251 FROM: patricia C Mcom Esq RE: TRUSTEES-BEHRINGER E SEND TO: FEES: Postage o 41 C if sd F~e~; ! 265 ~t~ c~e~.eipt 215 T~., $ 5.21 ~TMARK ~ O/~TE PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 January 8, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: MICHAEL BEHRINGER & VESHA KITMAR PREMISES: SHORE DRIVE, GREENPORT (BULKHEAD) SCTM # 1000-47-2-31 Dear Neighbor: I represent the above with regard to property located on Shore Drive, Greenport, New York. They have submitted an application to the Southold Town Board of Trustees to reconstruct 100 if of existing bulkhead within 18' using C-loc vinyl sheathing, and install two (2) new 12' returns. A copy of the Hearing Notice is enclosed together with a copy of a survey. The hearing on this matter has been scheduled for WEDNESDAY, JANUARY 23, 2008 on or about 6:00 p.m. at Southold Town Hall. If you have any questions, or you wish to support this application, please do not hesitate to contact me. Thank you. Very tru~ yours, PCM/bp enclS. C: Michael Behringer Vesha Kumar Elizabeth Gardner NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a .public hearing will be held by the SOUTHOLD BOARD OF TRUSTEES at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: ~'.~..~ ~~r SUBJECT QF PUBLIC HEARING: ¢ TIME & DATE OF PUBLIC HEARING' · If you hav.e, an inter.est in t.h. is pro. ject, you are invited to view the Town file(s) wb.ch are available for ~nspect~onpnor to the day of the hearing during normal bus~ness days between the hours of 8 a.m and 4 p.m. BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631.) 765-1892 Plan 'View prepared: 09-27-07 Amended: 10-03-07 Amended: 10-10-07 Amended: 10-20-07 Applicant: Michael Behringer SCT# 1000-47-2-31 Town: Southold Suffolk County, NY Datum: Low Water I 1" = 30' I Drive o~ us\rig 18" C-Loc returns -2.2 -2.5 ~ E A //I/ LEVEL MAPPING ~~ 631-722~ PO Box # 366 Aquebogue NY 11981 ROBERT H. FOX NYS PLS# 50197 Proposed ....... --5~ Seasonal Ramp 32" x 20' & Float 6' x 20' ........................ ~o ........... .... --3;o .... pipes CoVe Section ne~ de~d ~ men ~ ~ gc~lvanlzed ~ Lie rods n¢~ bulkhead exls~ln¢ piles 8' o. c. ~rd of Trustees Applica~ County of Suffolk State of New York DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Signature SWORN TO BEFORE ME THIS 13~¢' DAYOF qx'j qq~ ,20 - Notary(~ I AUTHORIZATION To~ New York State Department of Environmental Conservation Southold Town Zoning Board Southold Town Trustees Southold Town Building Department Suffolk County Health Department Any and All State, County, Local agencies, as necessary Re: Premises at SCTM#1000- ~/7- ,~ - ,-~/. ~ Owner: Michael Behringer The undersigned hereby authorizes my attorney, Patricia C. Moore, and her agents to submit any and all applications which may be required in order to obtain a permit to reconstruct a dock, ramp and float, as well as any other marine structures, herein proposed on the above referenced parcel. APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southo[d's Code of Ethics prohibits conflicts of interest on the part of Town officers a,d ompbyees. The purpose of this form is to erovide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same, (Last name, first name, midSle 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 aompany name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance Special Exception If "Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibting, 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 emptoyee has even a partial ownership of(or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO Complete the balance of this form and date and sign below 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 LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. 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. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. 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#1000- 47-2-31 The Application has been submitted to (check appropriate response): Town Board Planning Dept. Zoning Board Building Dept. Board of Trustees ~X Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) __ (b) Financial assistance (e.g. grant, loan, subsidy) __ (c) Permit, approval, license, certification: Nature and extent of action: Reconstruct of existing bulkhead Location of action: Shore Drive, Greenport Site acreage: .25 acres. Present land use: residential Present zoning classification: R-40 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Michael Behringer & Vesha Kumar (b) Mailing address: Shore Drive, Greenport (c) Telephone number: Area Code (631) 765-4330 (Pat Moore) (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: DEC, Dept of State and Army Corp.- bulkhead built prior to 1962 DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes dverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. Yes No Not Applicable Reconstruction of existing structure with C-lock vinyl. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes No Not Applicable Existing developed site- fully developed area. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria Yes No Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria Yes No Not Applicable The existing bulkhead will be reconstructed. Structure constructed prior to 1962 additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria Yes No Not Applicable The replacement of the existing bulkhead will be an improvement to the water quality. All construction will meet current stricter standards then the existing structure. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes No Not Applicable The replacement of the existing bulkhead will place conditions on construction which mitigate impacts. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. Yes No Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. Yes No Not Applicable Property previously developed with a bulkhead. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes No Not Applicable Attach additional sheets if necessary WORK1NG 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. Yes No Not Applicable property is a waterfront parcel with a single family dwelling. Reconstruction of existing bulkhead is requested. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Yes No Not Applicable Construction of new bulkhead will be done with current environmental regulations. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes No Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes No Not Applicable PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 November 28, 2007 HAND DELIVERED Board of Trustees Town of Southold Main Road PO Box 1179 Southold NY 11971 RE: BEHRINGER, KUMAR AND GARDNER SCTM: 1000-47-2-30 & 31 Dear Sir or Madam: With reference to the above, enclosed please find Trustees application for bulkhead and dock together with enclosures. My check in the amount of $500.00 is also enclosed. Kindly advise of the date this will be placed on the next calendar. Thank you. PCM/bp encls. Plan View Prepared: 09-27-07 Amended: 10-03-07 10-10-07, 10-20-07 03-07-08, 04-30-08 Applicant: M. Behringer SCT# 1000-47-2-31 Town: Southnld .... : ,~ Suffolk ~dI~LINY ! ' '" Datum;:12o~.~/~.~r~ i I ~ 0 0 ~ -2.5 Oriv~ ~o~ 0~'- ~- using retu~s Proposed Seasonal Ramp 32" x 20' & Float 6' x 20' .... -9:0-- Instz~ll 4/I SEA //"~ LEVEL : AqueboguePO Box # 366MAPPING !,,.,, / ~.,~' NY 11931 ROBERT H. FOX ~'J~'J '~ ' NYS PLS# 50197 ~, Section I" = 20' -- D2' Lo house R~f, rucL lOC> IF 5eosonol (2) ne~ HH of. O~ ~l~ HI'In ~[~ 20') ~ I~11 4/I ¢~ove I~1 ~n ~ SS ~olvonlzed% ..'~.~.J"7 In line ~ adjolner~ ~-~ oncho¢ plies Lie rods ~ ~ .... prop. ----~ -- LH sf~ps (-3) exl~L. ~cons~b Dock 12" dlo.