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Home My WebLink AboutTR-6993 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 ½ constructed Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6993 DATE: OCTOBER 15~ 2008 ISSUED TO: ROSA HODGSON PROPERTY ADDRESS: 4845 PINE NECK ROAD~ SOUTHOLD SCTM# 70-6-33 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 October 15, 2008, and in consideration of application fee in the sum of $250.00 paid by Rosa Hodgson and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to remove and replace (in-place) existing dock, consisting of a 6'x87' fixed pier, 6'x24' fixed "L' section, 4.5'x33' step-down platform, and a 3'x14' ramp and 6'x20' float secured by (2) 8" pilings; remove and replace (in-place) 9'xll' pervious patio and 4'x8' steps to dock; construct approximately 774 linear feet of vinyl bulkhead in-place of existing timber bulkhead; backfill bulkhead with approximately 75 cubic yards of clean sand to be trucked in from an upland source; and establish a 20' non-turf buffer adjacent to the bulkhead, with the condition of a silt boom or silt curtain to be used during construction, the installation of (2) 3'x9' steps seaward of the bulkhead, the relocation of the existing ramp, float and piles, and as depicted on the site plan prepared by En-Consultants, Inc., last dated October 6, 2008, and received on October 23, 2008. 1N WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. Jame~ - Absent TERMS AND CONDITIONS The Pennittee Rosa Hodgson, residing at 4845 Pine Neck Road, Southold, New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of South01d 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 Pennittee 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 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD October 15, 2008 Mr. Robert E. Herrmann En-Consultants, Inc. 1319 North Sea Road Southampton, NY 11968 RE: ROSA HODGSON 4845 PINE NECK ROAD, SOUTHOLD SCTM# 70-6-33 Dear Mr. Herrmann: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, October 15, 2008 regarding the above matter: WHEREAS, En-Consultants, Inc. on behalf of ROSA HODGSON 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 July 30, 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 October 15, 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, 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 ROSA HODGSON to remove and replace (in-place) existing dock, consisting of a 6'x87' fixed pier, 6'x24' fixed "L" section, 4.5'x33' step-down platform, and a 3'x14' ramp and 6'x20' float secured by (2) 8" pilings; remove and replace (in-place) 9'x11' pervious patio and 4'x8' steps to dock; construct approximately 774 linear feet of vinyl bulkhead in-place of existing timber bulkhead; backfill bulkhead with approximately 75 cubic yards of clean sand to be trucked in from an upland source; and establish a 20' non-turf buffer adjacent to the bulkhead, with the condition of a silt boom or silt curtain to be used dudng construction, the installation of (2) 3'x9' steps seaward of the bulkhead, the relocation of the existing ramp, float and piles, and as depicted on the site plan prepared by En-Consultants, Inc., last dated October 6, 2008, and received on October 23, 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, ~Vice President, Board of Trustees JMD/eac James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Please be advised that your application dated ~ I,~ _,,.~,, ,~(::::2~ ~'~ has been reviewed by this Board at the regular meeting (if {~,~-~-,~o~- ~~ and your application has been approved pending the completion of the following items checked off below. ~,C~o{ Revised Plans for proposed project __ Pre-Construction Hay Bale Line Inspection Fee ($50.00) y~lst Day of Construction ($50.00) ½ Constructed ($50.00) Final Inspection Fee ($50.00) __ Dock Fees ($3.00 per sq. ft.) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE: $. BY: James F. King, President Board of Trustees 20 August 2008 Statement toSoutholdTownTmste~ ~ ; -.~: ~ i' '~ ' ' By Doug Hardy ~ i'~ i,~ . ~ PO Box 1143 , _, Southold, NY 11971 i~, chardy@peconic.net j' ~ 3 2 © r':l'~ :~ This application of Rosa Hod so.-_ ~nd~F~l'i~W_which se k approval to construct or replace bulkheads which are footed below mean high water should be tabled until the Trustees can satisfy two legal issues and one ecological issue. Specifically, these three issues are: a. The legally of denying public access along the shoreline. b. The legality of abdicating jus publicum title to public lands to exclusive private ownership. c. The irreparable elimination of tidal wetlands. A. Denial of Public Access. The Southold Town Trustees was created by the NY State Legislature in the Law of 1883, Chap. 615 which states "Such board of trustees, or a majority of them, are hereby authorized and empowered to manage, lease, convey or otherwise dispose of all or any part of all such common lands, waters and lands underwater, or rights or other interests therein, subject as to lands underwater, to the public right of navigation and to the riparian rights of adjoining upland owners," Thus, at its founding, the Trustees were burdened with the Public Trust Doctrine which continued those sovereign rights established by the Andros Patent of 1674. "The Public Trust Doctrine provides that public trust lands, waters and living resources in a state are held by the state in trust for the benefit of all of the people, and establishes the right of the public to fully enjoy public trust lands, waters and living resources for a wide variety of recognized uses. The Public Trust Doctrine is applicable whenever navigable waters or the lands beneath them are altered, developed or otherwise managed or preserved. It applies whether the trust lands are public or privately owned. The doctrine articulates not only the public dghts in these lands and waters. It also sets limitations on the States, the public, and private owners, as well as establishing duties and responsibilities of the states when managing these public trust asserts. The Public Trust Doctrine has been recognized and affirmed by the United States Supreme Court, the lower federal courts and state courts from the beginning days of this country." Coastal States On3. 1997. Putting the Public Trust Doct#ne to Work. P-3. The riparian (water property owner) enjoys certain rights "under English common law, the bundle of riparian rights include the rights of access to the water, to wharf out, to gain by accretions (and lose by erosion) and to replace land lost by avulsion. The right of access to the water is the most basic right of the riparian owner under which other riparian rights are created and protected.'" In the event of a direct conflict between a riparian right and one or more of the public's trust right's, the public rights will prevail over the private." Coastal States Org. 1997. Putting the Public Trust Doctrine to Won~. P-289,295. The public right of access has been repeatedly upheld by New York State Courts of which a few are cited here: Tiffany v. Oyster Bay, 234 N.Y. 15, 20 (1922): "The foreshore or land under the waters of the sea and its arms, between high and Iow water mark, is subject, first, to the jus publicum - the right of navigation, and when the tide is out, the right of access to the water for fishing, bathing and other lawful purposes to which the right of passage over the beach may be a necessary incident ..... Such land is subject, secondly, to the jus privatum, the dghts of the owner of the foreshore, the town of Oyster Bay in this case, which holds the land in its corporate political capacity, in trust for the public good. Its rights are general in their character, as yet not defined with accuracy beyond the ownership and regulation of oyster beds and some general aid to commerce, navigation, fishing or bathing. Such rights are at all times subject to the public dghts and to the right of the riparian owner to access to the water as indicated." "Three categories of persons have varying dghts to utilize the single shoreline: the jus publicum users, the jus privatum users and the littoral or riparian owner. The public's right to the foreshore under both the ju$ publicum and ju$ privatum is subject to those rights held by an owner of upland adjacent to navigable waters, that is the littoral or riparian owner." (NYS DOS. Underwater Lands and the Public Trust Doctrine. 1997.) Tucci v. Salzhauer, 40 A.D.2d 712, 713, 336 NYS2d 721 (1972): "When the tide is in, he [the public} may use the water covedng the foreshore for boating, bathing, fishing, and other lawful purposes; and when the tide is out, he may pass and repass over the foreshore as a means of access to reach the water for the same purposes and to lounge and recline thereon." These fights specifically include pushing a baby stroller along the foreshore, aff'd 33 N.Y. 2d 854, 307 N.E.2d 256, 352 N.Y.S.2d 198 (1973). Arnold's Inn, Inc. v. Morgan, 63 Misc. 2d 279, 283 (N.Y. Sup. Ct. 1970): Here, the jus publicum is "the right shared by all to navigate upon the waters covering the foreshore at high fide and, at Iow tide, to have access across the foreshore to the waters for fishing, bathing, or any other lawful purpose" (Craig, Robin K. 2007. A Comparative Guide to the Eastern Public Trust.) Dougaston Manor, Inc. v. Bahrakis, 678 N.E.2d 201,203 (N.Y. 1997): holding that tidal waters are "devoted to the public use, for all purposes, as well as for fishing." (Craig, Robin K. 2007. A Comparative Guide to the Eastern Public TrusL) This applicant reinforces the exclusion of public access by the construction of a cyclone fence which extends below mean high water along side the public launching ramp at the east end of Pine Neck Rd. This act appears to violate The Town Code, Chapter 275-11. Construction and operation standards, (4) which states "Trustees reserve the fight to permit erection of a fence where the applicant has shown that there is a need to protect his/her private property. In these rare cases, only split-rail fences are allowed on beaches and wetlands. Such fences shall be perpendicular to the waterline and not closer than 10 feet to MHW." The legal strength of the Public Trust Doctdne implies that the Southold Town Trustees are in a weak legal position when the public fight of access to the shoreline is being denied. B. The legality of conveying and/or abdicating title to public trust land. Illinois Central R.R.v. Illinois, t46 U.S. 387 (1892) "The State can no more abdicate its trust over property in which the whole people ara interested, like navigable waters and soils under them, so as to leave them entirely under the use and control of private parties .... than it can abdicate its police powers in the administration of government and the preservation of the peace." It followed that "[a]ny grant of the kind is necessarily revocable, and the exercise of the trust by which the property was held by the State can be resumed at any time." (Merdll, Thomas W. 2004. The Odgins of the American Public Trust Doctrine: What Really Happened in Illinois Central. The University of Chicago Law Review)... "Public trust is violated when the primary purpose of a legislative grant is to benefit a private interest.' Coastal States Org. 1997. Putting the Public Trust Doctdne to Work. P-249. Coxe v. State, 144 NY 369 (1895): the court of appeals said that the title of the state to the foreshore is: a sovereign fight, and it has been said that a trust is engrafted upon this title for the benefit of the public of which the state is powerless to divest itself.....The title which the state holds and the power of disposition is an incident and part of its sovereignty that cannot be surrendered, alienated or delegated, except for some public purpose, or some reasonable use which can fairly be said to be for the public benefit." (NYS DOS. Underwater Lands and the Public Trust Doctrine. 1997.) Appleby v. City of New York, 27t U.S. 364, 383-384 (1925) (Trust land can be conveyed by State to private hands "only ... upon clear evidence of [the legislatures] intention and of the public interest in promotion of which it acted.") Coastal States Org. 1997. Putting the Public Trust Doctrine to Work. P-248. It is unclear whether the Trustees have divested title to public land for the exclusive use of riparian owners which would be contrary to U.S. Supreme Court and New York Court decisions. Only one such instance has been noted in Southold's history when the Trustees transferred title to town land to the State to form Odent State Park. The general rule favored by the courts is ~for the good of all the public" not some of the public. C. The irreparable elimination of tidal wetlands. All bulkheads footed below mean high water have or will eliminate tidal wetlands which front bulkheaded property. The scouring action of waves reflecting off the hardened shoreline tears apart the tidal marsh and the beach disappears. The tidal marshes are a key component to the ecological health of creeks and bays. A major purpose of both Town Code 275 and the Local Water Revitalization Program (LWRP) is to protect the integrity of our wetlands. Bulkheads footed below mean high water are working at cross purposes to the objectives of the Trustees. Granting this application as written and future applications of similar nature without regard to the public trust doctrine is illegal and denies all of the public their rightful access to the shoreline. The elimination of our wetlands by bulkheads footed on public land is an insult to the purpose of Chap. 275 and the LWRP. Donald Wilder, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., August 13, 2008, the following recommendation was made: Moved by Doug Hardy, seconded by Jack McGreevy, it was RESOLVED to NOT SUPPORT the Wetland Permit application of ROSA HODGSON to remove and replace (in-place) existing dock, consisting of a 6'X 87' fixed pier, 6'X 24' fixed "L" section, 4.5'X 33' step-down platform, and a 3'X 14' ramp and 6'X 20' float secured by (2) 8" pilings; remove and replace (in-place) 9'X 11' pervious patio and 4'X 8' steps to dock; construct approx. 774 If. of vinyl bulkhead in place of existing timber bulkhead; backfill bulkhead with approx. 75 cy. of clean sand to be trucked in from an upland source; and establish a 10' non-turf buffer adjacent to the bulkhead. Located: 4845 Pine Neck Rd., Southold. SCTM#70-6-33 Inspected by: Jack McGreevy The CAC does Not Support the application because there is no public access along the beach and recommends the Board of Trustees adopts a policy allowing for public access. Vote of Council: Ayes: All Motion Carried James F. King, President Jill M. Doherry, 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 Date/Time: ROSA HODGSON requests a Wetland Permit to remove and replace (in-place) existing dock, consisting of a 6'X 87' fixed pier, 6'X 24' fixed "L" section, 4.5'X 33' step-down platform, and a 3'X 14' ramp and 6'X 20' float secured by (2) 8" pilings; remove and replace (in-place) 9'X 11' pervious patio and 4'X 8' steps to dock; construct approx. 774 If. of vinyl bulkhead in place of existing timber bulkhead; backfill bulkhead with approx. 75 cy. of clean sand to be trucked in from an upland source; and establish a 10' non-turf buffer adjacent to the bulkhead. Located: 4845 Pine N~k Rd., Southold. SCTM#70-6-33 Typ~of area to be impacted: ~L/Saltwater Wetland Freshwater Wetland Sound Bay Dista.,r~;e of proposed work to edge of wetland Pa~o_f_T. own Code proposed work falls under:- __Chapt.275 Chapt. 111 other / Type of Application: .,.,/~/etland __Coastal Erosion ._Administrative__Emergency Pre-Submission __ __Amend ment Violation Info needed: Modifications: Conditions: Present ~ere: ~J~. Kingc/~ ~/ .'~Bergen ~hos,o, __J.Doherty __P/.~ickerson __ . '-'D. Dzenkowski Mark Terry ~6i'her Form filled out in the field by. Mailed/Faxed to: Date: Environmental Technician Review- ROSA HODGSON 4845 PINE NECK ROAD SOUTHOLD Figure 1. Looking north over adjacent boat ramp at +28' section of timber bulkhead to be replaced (in-place) with vinyl. Figure 2. Looking nortb at +_327' section of timber bulkhead to be replaced (in-place) with vinyl and at existing dock to be reconstructed (in-place). ROSA HODGSON~ 4845 PINE NECK ROAD, SOUTHOLD Figure $. Looking southwest from dock at southerly half of+327' section of timber bulkhead to be replaced (in-place) with vinyl. Figure 4. LooMng northwestJ?om dock at northerly half of+__327' section of timber bulkhead to be replaced (in-place) with vinyl. ROSA HODGSON~ 4845 PINE NECK ROAD~ SOUTHOLD Figure 5. Looking east at ex~gting dock to be reconstructed (in-place). Figure 6. Looking southeast over existing dock to be reconstructed (in-place). ROSA HODGSON~ 4845 PINE NECK ROAD~ SOUTHOLD Figure 7. LooMng northwest at +_268' section of timber bulkhead to be replaced (in-place) with vinyl Figure 8. Looking soutbeast at +_268' section of timber bulkhead to be replaced (in-place) with vinyl ROSA HODGSON, 4845 PINE NECK ROAD~ SOUTHOLD Figure 9. Looking southwest at +139' and +_11 ' sections of timber bulkhead to be replaced with vinyl. Figure 10. Looking northeast over +l l' section and at +_139' section of timber bulkhead to be replaced with vinyl. EN-CONSULTANTS, INC. 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com ENVIRONMENTAL CONSULTING October 21, 2008 James King, Chairman Board of Trustees Town of Southold P.O Box 1179 Southold, NY 11971 Re: Rosa Hodgson~ 4845 Pine Neck Road~ Southold Dear Mr. King: Please find attached (3) copies ora project plan, last dated 6 October 2008, which has been revised to notate the use of a silt curtain during construction. Should you require any additional information before the requested Wetlands Permit can be issued, please let me know. Coastal Management Specialist Enclosures EN-CONSULTANTS, INC. 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www.enconsultants.com ENVIRONMENTAL CONSULTING October 6, 2008 James King, Chairman Board of Trustees Town of Southold P.O Box 1179 Southold, NY 11971 Re: Rosa Hodgson~ 4845 Pine Neck Road~ Southold OCT -7 2008 Be3rd ~q~ Trus~.ees D~ar Mr. King: As you know, the public hearing on the captioned application was closed in August except for written comment and resubmission relating to then pending Waterfront Consistency Review recommendations pursuant to Chapter 268 of the Town Code. As you also know, a report dated 20 August 2008 was submitted to you by the LWRP Coordinator recommending that the proposed bulkhead and dock replacements be deemed "consistent" and "inconsistent" "actions," respectively, in response to which I submitted a letter dated 9 September 2008 arguing that both proposals should in fact be deemed "minor actions" that are exempt from Waterfront Consistency Review. I have since received a copy of an "amended" Waterfront Consistency Review report dated 17 September 2008, which recommends that both proposals be deemed exempt minor actions. Nonetheless, in furtherance to my September correspondence, I am herewith submitting (3) copies of a project plan, last dated 6 October 2008, which has been revised to depict a 3' x 9._.__~' set of steps on both sides of the fixed dock to maintain lateral access along the shoreline to honor the "public trust doctrine." As depicted on the revised plans, we are also offering to m.~._llocate the seasonal, floating dock from the most seaward end of the fixed dock to a location approximately 21 feet farther landward, which will reduce the scope of the most seaward end of the dock and ensure that any vessels docked on the seaward side of the float do not extend farther seaward than the dock structure itself. Please note that as previously indicated, the plans have also been revised to reflect a 20' nonturf buffer behind the new bulkhead, and the applicant is agreeable to use of a silt curtain during the bulkhead replacement. Should you require any further information from me before moving on this application next week, please let me know. Re~ly yours, ~ Robert E. Hermtann Coastal Management Specialist Enclosures OFFICE LOCATION: Town Hall Annex 5a~375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 To: Jim King, President Town of Southold Board of Trustees From: Scott Hilary and Mark Terry, LWRP Coordinators Date: September 17,2008 (AMENDED) :! Re: Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit for ROSA HODGSON SCTM#70-6-33 En-Consultants, Inc. on behalf of ROSA HODGSON requests a Wetland Permit to remove and replace (in-place) existing dock, consisting ora 6'X 87' fixed pier, 6'X 24' fixed "L" section, 4.5'X 33' step-down platform, and a 3'X 14' ramp and 6'X 20' float secured by (2) 8" pilings; remove and replace (in-place) 9'X 11' pervious patio and 4'X 8' steps to dock; construct approx. 774 If. of vinyl bulkhead in place of existing timber bulkhead; backfill bulkhead with approx. 75 cy. of clean sand to be trucked in from an upland source; and establish a 10' non-turf buffer adjacent to the bulkhead. Located: 4845 Pine Neck Rd., Southold. SCTM#70-6- 33 THE FOLLOWING SECTION ADDRESSES THE PROPOSED DOCK: 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 our recommendation that the proposed action is EXEMPT pursuant to § 268-3. MINOR ACTIONS -- Include the following actions, which are not subject to review under this chapter: Replacement, rehabililation or reconstruction ora structure or facility, in kind, on the same site, including upgrading buiMings to meet building or fire codes, except for structures in areas designated by the Coastal Erosion Hazard Area (CEH~t) law where structures mw not be replaced, rehabilitated or reconstructed without a permit; THE FOLLOWING SECTION ADDRESSES THE PROPOSED BULKHEAD REPLACEMENT: 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 our recommendation that the proposed action is EXEMPT pursuant to § 268-3; provided that a silt boom is installed prior to the replacement of tho bulkhead that will retain all suspended sediments within the immediate project area pursuant to § 268-3 GG MINOR ACTIONS -- Include the f~wing actions, which are not subject to under this chapter: Replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site, including upgrading buildings to meet building or fire codes, except for structures in areas designated by the Coastal Erosion Hazard~4rea (CEHA) law where structures may not be replaced, rehabilitated or reconstructed without a permit; GG. Bulkhead to replace existing bulkhead on the applicant's property in the same location with a silt curtain employed during construction; and [Added 6-6-2006 by L.L. No. 7-2006J If the action is approved the following best management practice (BMP) is recommended: I. Require a minimum 20' non-turf buffer landward of the bulkhead. Figure #1 Existing dock and bulkhead. The location of the proposed dock and bulkhead replacement is next to Jockey Creek Sandpit~ a Significant Coastal Fish and Wildlife Habitat (SCFWH) recognized by the Town as worthy in protecting. Nesting shorebirds inhabiting the Jockey Creek Sandspit are highly vulnerable to disturbance by humans, especially durin~ the nestin~ and fledRlin~ period (March 15 through Am, ust 15). If the actions are approved {dock and bulkhead replacement) the following best management practice {BMP) is recommended: That any activity associated with the replacement of a dock and/or bulkhead occurs outside of the breeding, nesting and fledging period (March 15 through August 15). Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 Jim King, President Town of Southold Board of Trustees From: Scott Hilary and Mark Terry, LWRP Coordinators Date: August 20, 2008 Re: Chapter 268, WATERFRONT CONSISTENCY REyIEW Wetland Permit for ROSA HODGSON SCTM#70-6-33 8EP - En-Consultants, Inc. on behalf of ROSA HODGSON requests a Wetland Permit to remove and replace (in-place) existing dock, consisting ofa 6'X 87' fixed pier, 6'X 24' fixed "L" section, 4.5'X 33' step-down platform, and a 3'X 14' ramp and 6'X 20' float secured by (2) 8" pilings; remove and replace (in-place) 9'X 11' pervious patio and 4'X 8' steps to dock; construct approx. 774 If. of vinyl bulkhead in place of existing timber bulkhead; backfill bulkhead with approx. 75 cy. of clean sand to be trucked in from an upland source; and establish a 10' non-turf buffer adjacent to the bulkhead. Located: 4845 Pine Neck Rd., Southold. SCTM#70-6-33 THE FOLLOWING SECTION ADDRESSES THE PROPOSED DOCK: 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 our recommendation that the proposed action (DOCK REPLACEMENT) is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. Preexisting nonpermitted and/or nonconforming structures cannot be replaced in kind without full review and approval by the Trustees pursuant to ,~ 275-11. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other land~ under their jurisdiction 1. Comply with Trustee regulalions and recommendations as set forth in Trustee permit conditions. The applicant must demonstrate that the following dock standards pursuant to ~ 275-11 Construction and operation standards have been met. § 275-11 Construction and operatior~ndards. (d) Review and approval of dock applications. Before issuing a permit for a dock structure, the Trustees shall · considerwhetherthedockwlllhaveanyofthefollowingharmfuleffects: [1] Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion; The existing dock as built exceeds 1/3 the total width of the water body and therefore is not in compliance with § 275-11 Construction and operation standards. Sufficient water depths of 4 to 5 feet are attainable ifa docking structure was to be designed approximately half the length of the existing dock structure. In water. The following standards' are required for all in-water operations adjacent to residential properties. Operations conducted on properties zoned MI or M2 may be given greater flexibility in these requirements given the water- dependent nature of their use. (2) Docks. (b) Dock locations and lengths. [Amended 10-11-2005 by £.L. No. 17-2005] [U No dock shall be erected or extended if, in the opinion of the Trustees, such structure would adversely affect navigation, fisheries, shell fisheries, scenic quality, habitats or wetland areas. Within creeks and other narrow waterways., no dock length shall exceed 1/3 the total width of the water body. Determination of the length of the dock must include the dimensions of the vessel. [12] Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shelifishing, waterskiing and other water-dependant activities; Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; Whether the dock will significantly impair the use or value of waterfront property adjacent to or near the dock; Whether the dock will cause degradation of surface water quality and natural resources; Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats'; Whether the dock will resuh in the destruction of or prevent the growth of vegetated wetlands, seagrasses including eelgrass (Zostera marina) and widgeon grass (Ruppia marilima) or shellfish; Whether the dock will unduly restrict tidal flow or water circulation; l'Vhether the dock will be safe when constructed; Whether the dock will adversely affect views, viewsheds and vistas important to the community; Whether the cumulative impacts ora residential and commercial dock will change the waterway or the environment and whether alternate design, construction, and location of the dock will minimize cumulative impacts'; and Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. Figure 02 Existing dock THE FOLLOWING SECTION ADI~SSES THE PROPOSED BULKHEAD~?LACEMENT: 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 our recommendation that the proposed action (BULKHEAD REPLACEMENT) is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP; provided that a silt boom is deployed prior to the replacement of the bulkhead pursuant to § 275-11 and as defined in § 275-2. § 275-11 Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (2) Erosion control. Installalion of an erosion control structure is' necessary during any building, grading, landscaping or site work activity within Trustee jurisdiction. This' structure may include, but is' not limited to, installation of a silt fence, hay bales, wood chip berm and silt booms. The placement of the erosion control structure(s) shall be determined by the Trustees or their designee. All intertidal construction and excavation requires the installation of a silt boom that will retain all suspended sediments within the immediate project area. § 275-2 Definitions; word usage. SILT BOOM -- A structure deployed within the water column that is designed to prevent passage of suspended sediments and contaminants from spreading from the immediate project area to surrounding waters. Properly installed, silt booms completely surround the project area. The deployment of a silt boom will further advance LWRP Policy 5~ Protect and improve water quality in the Town of Southold and Policy 6 Protect and restore tidal and fresh water wetlands. Policy 5 Protect and improve water quality and supply in the Town of Southold. 5.3 Protect and enhance quality of coastal waters. Minimize disturbance of streams and creeks including their bed and banks in order to prevent erosion of soil, increased turbidity, and irregular variation in velocity, temperature, and level of water. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply 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 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. If the action is approved the following best management practice (BMP) is recommended: 1. Require a minimum 20' non-turf buffer landward of the bulkhead. The BMP recommended above will further advance Policy 5, Protect and improve water quality in the Town of Southold and 6.3 Protect and restores tidal and freshwater wetlands Figure #2 Existing bulkhead. Further~ the location of the proposed dock and bulkhead replacement is next to Jockey Creek Sandpit~ a Significant Coastal Fish and Wildlife Habitat (SCFWH) recognized by the Town as worthy in protecting, 6.2 Protect and restore Significant Coastal Fish and Wildlife Habitats. The Town of SouthoM is rich in habitats that support diverse and often large wildlife populations, many of which are of commercial or recreational value. The importance of these habitats has been recognized through the state designation as Significant Coaslal Fish and Wildlife Habitats in Southold. These habitats cover the full range of habitats typical on lhe East End of Long Island and include dunes, beaches, wetlands, islands and open water. The Town of SouthoM recognizes the importance of protecting and enhancing these wetlands and habitats. Nesting shorebirds inhabiting the Jockey Creek Sandspit are highly vulnerable to disturbance by humans, especially during the nesting and fledgling period (March 15 through August 15). If the actions are approved {dock and bulkhead replacement) the followin~ best mana~,ement oractice (BMP) i~ recommended: That any activity associated with the replacement of a dock and/or bulkhead occurs outside of the critical breeding, nesting and fledging period (March 15 through August 15). The BMP recommended above will further advance Policy 6.2 Protect and restore Significant Coastal Fish and Wildlife Habitats. If the Agency~ Board of Trustees makes a contrary determination of consistencv~ the Agency shall elaborate in writing the basis for its disagreement with their recommendations Pursuant to Chapter 268 Waterfront Consistency Review. § 268-5. Review of actions. H. In the event the LWRP Coordinator's recommendation is that the action is inconsistent with the LWRP, and the agency makes a contrary determination of consistency, the agency shall elaborate in writing the basis for its disagreement with the recommendation and state the manner and extent to which the action is consistent with the L WRP policy standards. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD Memorandum To: Jim King, President Town of Southold Board of Trustees From: Scott Hilary and Mark Terry, LWRP Coordinators Date: July 24, 2008 Re: Deployment of Silt Booms It is the recommendation of the Local Waterfront Revitalization Coordinators that when the Board of Trustee's require the deployment of a silt boom for all in the water intertidal operations that the Board of Trustee's further stipulate within the applicants resolution for a wetland permit that the applicant or agent provide confirmation with the Board of Trustee's office when the silt boom has been deployed prior to operations. § 275-2 Definitions; word usage. SILT BOOM -- A structure deployed within the water column that is designed to prevent passage of suspended sediments and contaminants from spreading from the immediate project area to surrounding waters. Properly installed, silt booms completely surround the project ama. § 275-11 Construction and operation standards. A. General. The following standards are required for ail operations within the jurisdiction of the Trustees: (2) Erosion control. Installation of an erosion control structure is' necessary during any building, grading, landscaping or site work activity within Trustee jurisdiction. This structure may include, but is not limited to, installation ora sih fence, hay bales, wood chip berm and sill booms. The placement of the erosion control structure(s) shall be determined by the Trustees or their designee. All intertidal construction and excavation requires the installation ora silt boom that will retain all suspended sediments within the immediate project area. The deployment of silt booms as a Best Management Practice will further advance LWRP Policy 5, Protect and improve water quality in the Town of Southold and 6 Protect and restores tidal and fresh water wetlands. See Page 2; Figure #1 Dredging Little Creek (without silt boom) mn'iff Figure #1 Dredging Little Creek (without silt boom) Please note in figure #1 above the siltation generated by the dredging activity. A silt boom structure when installed properly is desigqed to prevent passage of suspended sediments and contaminants from spreading from the immediate project area to surrounding waters. James F. King, President Jill M. Dougherty, Vice-Presk Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fex (631) 765-1366 Office Use Only w OaStal Erosion Permit Application etland Permit Application Major ~ Waiver/Amendment/Chan~es /,.Received Application: /'~Received Fee :$17~.~-~c'9~ ~-~ompleted Application Incomplete SEQRA Classification: Type I Type II Unlisted Coordination:(date sent) ~..~AC Referral Sent: ~,[gate of Inspection: ~}( Receipt of CAC Report: Lead Agency Determination: Technical Review: ~n~fiblic Hearing Held: ~ Resolution: ~.~ Name of Applicant ROSA Minor Address P.O. BOX 1644, SCKffHOLD, NY 11971 Phone Number: 917-532-8057 Suffolk County Tax Map Number: 1000 - 70-6-33 Property Location: 4845 P1NENECK ROAD, SOUTHOLD (provide L1LCO Pole #, distance to cross streets, and location) AGENT: EN-CONSULTANIS, INC. (If applicable) Address: 1319 NORTH SEA ROAD, S(3JIMAIVgrIO~NY 11968 Phone: 631-283-6360 of Trustees GENERAL DATA Land Area (in square feet): 311,593 S.F. Area Zoning: R-40 Previous use of property: RESIDENTIAL Intended use of property: NO CHANGE Covenants and Restrictions: X No Yes If "Yes", please provide copy. Prior permits/approvals for site improvements: Agency Date XXX 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: Proiect Description (use attachments if necessary): Remove and replace (in-place) existing dock, consisting of a 6' x 87' fixed pier, 6' x 24' fixed "L" section, 4.5' x 33' step-down platform, and a 3' x 14' ramp and 6' x 20' float secured by (2) 8" pilings; remove and replace (in-place) 9' x 11' pervious patio and 4' x 8' steps to dock; construct approximately 774 linear feet of vinyl bulkhead in place of existing timber bulkhead; backfill bulkhead with approximately 75 cubic yards of clean sand to be trucked in from an upland source; and establish 10' non-turf buffer adjacent to bulkhead, all as depicted on the project plan prepared by En-Consultants, Inc., dated July 28, 2008. ~oard of Trustees Applica WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: MAINTAIN PREEXISTING BULKHEADING & DOCK. Area of wetlands on lot: 0 square feet Percent coverage of lot: 0 Closest distance between nearest existing structure and upland edge of wetlands: N/A feet Closest distance between nearest proposed structure and upland edge of wetlands: N/A feet Does the project involve excavation or filling? No XXX Yes If yes, how much material will be excavated? N/A cubic yards How much material will be filled? +/-75 cubic yards Depth of which material will be removed or deposited: N/A feet Proposed slope throughout the area of operations: N/A Manner in which material will be removed or deposited: APPROXIMATELY 75 CUBIC YARDS CLEAN SAND FILL TO BE TRUCKED IN FROM AN UPLAND SOURCE AND DUMPED AND GRADED LANDWARD OF BULKHEAD AS BACKFILL. Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): THE PROJECT ENTAILS THE ORDINARY AND ROUTINE MAINTENANCE OF PREEXISTING STRUCTURES BUT WILL INCLUDE THE REPLACEMENT OF TREATED TIMBER BULKHEAD SHEATHING WITH UNTREATED VINYL AND THE REPLACEMENT OF TREATED DECKING ON THE FIXED DOCK WITH UNTREATED COMPOSITE DECKING. IT WILL ALSO ESTABLISH A NONTURF BUFFER IN PLACE OF LAWN ADJACENT TO THE BULKHEAD. THEREFORE, THE PROJECT WILL HAVE NO SIGNIFICANT ADVERSE IMPACTS ON THE ADJACENT DIAL WATERS OR WETLANDS OF THE TOWN. 14-16~4 (2/87)--Text 2 PROJECT I.D. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT For UNLISTED ACTIONS Only PART I -- PROJECT INFORMATION (To be completed by Applicant or Project sponsor) FORM SEQR 1 APPLICANT/SPONSORROSA HODG$ON BY I 2. PROJECT NAME I EN-CONSULTANTS, INC. 3 PROJECT LOCATION: Municipality SOUTHOLD County SUFFOLK 4 PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc, or provide map) 4845 PINE NECK ROAD, TOWN OF SOUTHOLD, SCTM #1000-70-6-33, MAP PROVIDED. 5. IS PROPOSED ACT [] New G Expansion [] Modification/alteration 6 DESCRIBE PROJECT BRIEFLY: Remove and replace (in-place) existing dock, consisting of a 6' x 87' fixed pier, 6' x 24' fixed "L" section, 4.5' x 33' step-down platform, and a 3' x 14' ramp and 6' x 20' float secured by (2) 8" pilings; remove and replace (in-place) 9' x l 1' pervious patio and 4' x 8' steps to dock; construct approximately 774 linear feet of vinyl bulkhead in place of existing timber bulkhead; backfill bulkhead with approximately 75 cubic yards of clean sand to be trucked in from an upland source; and establish 10' non-turf buffer adjacent to bulkhead, all as depicted on the project plan prepared by Eh-Consultants, Inc., dated July 28, 2008. 7 AMOUNT OF LAND AFFECt:l} Initially 7.15 acres Ultimately 7.15 acres 8. WILL PROPOSED ACTION COMPLY ~ITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [~]Yes [] No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] Park Forest/Open space [] Other [] Y e s [] N o If yes, list agency(s/and permit/approvals DEC, COE, DOS []Yes [~]N o ~ p p l ic a n t/s p o n s o r n a rn e ROB E RTE. ~RMANN, EN-CON SU LTANTS, IN C. Signature: 2. D A T E JULY 29, 2008 If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, 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 BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of ...... ......................... COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING being duly sworn, depose and say: That on the ~ day of ~a~ ,20~ I personallyposted the properly ~own as by pla~ihg the B6~d of ~stees ~ficial~oster where it c~ easily be seen, ~d 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 heating noted thereon to be held ~, ~tl ~ f ~0. ~ ' Dated: (si~ ~wom to b~qfore me this day o fggt~200~ AUG 2 0 2O08 $o.thhold lown Board of Trustee~ NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant:ROSAHODGSvN~ SCTM#1000- 70-6-33 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intemtion of the undersigned to Permit from the Board of Trustees to: request a Remove and replace (in-place) existing dock, consisting of a 6' x 87' fixed pier, 6' x 24' fixed "L" section, 4.5' x 33' step-down platform, and a 3' x 14' ramp and 6' x 20' float secured by (2) 8" pilings; remove and replace (in-place) 9' x 11' pervious patio and 4' x 8' steps to dock; construct approximately 774 linear feet of vinyl bulkhead in place of existing timber bulkhead; backfill bulkhead with approximately 75 cubic yards of clean sand to be t~ucked in from an upland source; and establish 10' non-turf buffer adjacent to bulkhead, all as depicted on the project plan prepared by Eh-Consultants, Inc., dated July 28, 2008. 2. That the property which is the subject of Environmental Review--is located adjacent to'your property amd is described as follows: 4845 PINE NECK ROAD, SOUTHOLD 3. That the project which is subject to Environmental Review under Chapters 32, 37, or 97 of the Town Code is open to public couunent on:AUGUST20TH, 2008~6:00P.MY°u may contact the Trustees Office at 765-1892 or in writing. The above referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNERS NAME: ROSA HODGSON MAILING ADDRESS: P.O. BOX 1644 SOUTHOLD, NY 11971 PHONE #: 914-532-8057 Enc.: Copy of sketch or plan showing proposal for your convenience. 5 NICHOLAS & INES SARNO PROOF OF MAILING OF NOT! ATTACH CERTIFIED MAIL RECEIPTS Address: 100 LIGHTHOUSE RFD LANE SOUTHOLD, NY 11971 JAMES & ELEANOR GIBBONS 99 7TH STREET, APT. 1-C GARDEN CITY, NY 11530 FREDERICK POLLERT JOCKEY CREEK TRUST JOHN & VIRGINIA BURNS THOMAS & CHRISTINE FALCO 24 MUD ROAD EAST SETAUKET, NY 11733 61 OLD MILL ROAD CHESTER, NJ 07930 755 LIGHTHOUSE LANE SOUTHOLD, 11971 945 LIGHTHOUSE LANE SOUTHOLD, NY 11971 TOWN OF SOUTHOLD P.O. BOX 1179 SOUTHOLD, NY 11971 WARREN & BEVERLY OLTMANNS DANIEL WALSH GALE & ROBERT WALSH 45 OAKWOOD DRIVE SOUTHOLD, NY 11971 P.O. BOX 160 SOUTHOLD, NY 11971 90 KIMBERLY LANE SOUTHOLD, NY 11971 DOUGLASROSE STATE OF NEW YORK COUNTY OF SUFFOLK P.O. BOX 967 SOUTHOLD, NY 11971 ROBERT E. HERRMANN 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 , being duly sworn, that on the .30th day of JULY ,20 08 mailed a true copy of the Notice set forth in Trustees Application, directed to each of the doing business atEN-CONSULTANTS, INC- deposes and says , deponent the Board of above named Sworn to before me this day o: JIIT.V ,20 08 persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at SOUTHAMPTON , that said Notices were mailed to each of said persons by (certified) ~k~) ma i 1 . ~ ROBERTE. HERRMANN COASTAL MANAGEMENT SPECIALIST 30th Nicholas & Ines Samo 100 Lighthouse RFD Lane Southold, NY 11971 C AL (Endorsement Required) (Endorsement Required) ~ James & Eleanor Gibbons c~ 99 7~ Street r,- Apartmem 1 -c Garden City, NY 11530 E Certified Fee Return Receipt Fee (EndorSement Required) Restricted Delivee/Fee (Endorsement Required) Sent To or PO Box No. Fredrick Pollert 24 Mud Road East Setauket, NY 11733 1221 CaAL n~ Jockey Creek Trust m 61 Oldmill Rd. r,- Chester, NJ 07930 Postage Cedified Fee C AL Return Receipt Fee (Endorsement Requffed) Restricted Delivery Fee (Endorsement Requged) Total Postage & John & Virginia Bums 755 Lighthouse Lane Southold, NY 11971 Thomas & Christine Falco 945 Lighthouse Lane Southold, NY 11971 Postage $ Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees ~ Sent To ~ TOWN OF SOUTHOLD P.O. BOX 1179 orPOBoxNo. SOUTHOLD, NY 11971 ~ i A L US,E Postage Certified Fee Return Receipt Fee (Endorsement Required) (Endorsement Required) Warren & Beverly Oltm~nn~ 45 Oakwood Drive Southold, NY 11971 USE Daniel Walsh P.O. Box 160 Southold, NY 11971 Postage Certified Fee nj [~ Return Receipt Fee ~ (Endorsement Required) Restricted Delivery Fee E3 (Endorsemem Required) I (FF~ CIAL USE Robert & Gale Walsh 90 Kimberly Lane Southold, NY 11971 m m Douglas Rose P.O. Box 967 Southold, NY 11971 NOTICE TO ADJACENT PROPERTY O ER BOAR__D O__~ TRUSTEES, TOW~ O__~ SOUTHOL~D //~[J~~ In the matter of applicant:ROSAHODGSON SCTM#1000- 70-6-33 / ~~ I~ YOU ARE HEREBY GIVEN NOTICE: ~~,~0~[~ 1. That it is the intention of the undersi Permit from the Board of Trustees to' ~ Remove and replace (in-place) existing dock, consisting of a 6' x 87' fixed pier, 6' x 24' fixed "L" section, 4.5' x 33' step-down platform, and a 3' x 14' ramp and 6' x 20' float secured by (2) 8" pilings; remove and replace (in-place) 9' x 11' pervious patio and 4' x 8' steps to dock; construct approximately 774 linear feet of vinyl bulkhead in place of existing timber bulkhead; backfill bulkhead with approximately 75 cubic yards of clean sand to be trucked in from an upland source; and establish 10' non-turf buffer adjacent to bulkhead, all as depicted on the project plan prepared by Eh-Consultants, lnc., dated July 28, 2008. 2. That the property which is the subject of Environmental Review-is located adjacent to your property and is described as follows: 4845 PINE NECK ROAD, SOUTHOLD 3. That the project which is subject to Environmental Review under Chapters 32, 37, or 97 of the Town Code is open to public comment on:AUGUST20TH, 2008~6:00P.M.Y°u may contact the Trustees Office at 765-1892 or in writing. The above referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNERS NAME: ROSA HODGSON MAILING ADDRESS: P.O. BOX1644 SOUTHOLD, NY PHONE #: 914-532-8057 11971 Enc. : Copy of sketch or plan showing proposal for your convenience. 5 NON TURF BUFFER 4¸ 6 0 z EN-CONSULTANTS, INC, 1319 NORTH SEA ROAD SOUTFAMPTON, NY 11968 631-283-6360 EN-CONSULTANTS, INC, 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 631-283-636j~ EN-CONSULTANTS, INC. eNViRONMENTAL CONSULTING 7008 0150 0002 6146 8101 TOWN OF SOUTHOLD P.O. BOX 1179 SOUTHOLD, NY 11971 02 ,P $ 005.320 0004176086 JUL 30 2008 MAILED FROM ZiP CODE 11968 i,,,ih,,lll,l,,h,,h,,lllt,,,hh.hhl,h,h,,ll,h,,,hll ~oard of Trustees Application AUTHORIZATION (where the applicant is not the owner) (print owner of property) residing at (mailing address) /<~t/:~.~ ~'~ It ~t ~/ t do hereby authorize ! (Agent) [q~[~ K~ ~--~-q~.) ~'1~ to apply for permit(s) from the Southold Board of Town Trustees on my behalf. (Owner's signature) Ot Board of Trustees Application County of Suffolk State of New York ~ ~o'OC~e,,~ BEING DULY SWORN DEPOSES AND AFFIRMS THAT H-E'/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), 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. i Signature SWORN TO BEFORE ME THIS DAY OF LYNDA M BOHN NOTARY PUBLIC, Slate of New ¥0~ NO. 01 BO6020932, Suffolk C~unty Term Expires March 8, 20.~ APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics ;~rohibits conflicts of interest on the vart of town officers and emolovees. The t~uroose of this form is to provide information which can alert the town of t~ossible conflicts of interest and allow it to take whatever action is necessary to avoid same. ¥ODRNAME: ¢4oC>O oO 4 (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other', name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of(or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agenUrepresentative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): __A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant 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 Form TS 1 Submitted tJlis. d ay Signature"- Print Name EN-CONSULTANTS, INC. 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com ENVIRONMENTAL CONSULTING July 29, 2008 Town of Southold Board of Trustees 54375 Main Road Post Office Box 1179 Southold, New York 11971 Attn.: Lauren Standish Rosa Hodgson 4845 Pine Neck Road, Southold SCTM # 1000-70-6-33 Dear Ms. Standish: In regard to the above referenced property, enclosed are the following for the Board of Trustees review: Three (3) Wetland Permit Applications including a) Short Environmental Assessment Form; b) Authorization & Disclosure Forms; and c) project plans; d) surveys One (1) set of site photographs. Application fee of $250.00 wetlands. Three (3) LWRP Consistency Assessment Forms including a) project plans. I trust this information shall allow you to process our permit request. Should any additional information be required, please do not hesitate to contact our office. Y, · Herrmann ~'~ Coastal Management Specialist /kBs Enc. EN-CONSULTANTS, INC. 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com ENVIRONMENTAL CONSULTING July 29, 2008 Mark Terry, LWRP Coordinator Planning Board Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Rosa Hod~son~ 4845 Pine Neck Road~ Southoid Dear Mr. Terry: Attached please find an LWRP Consistency Assessment Form, which is being submitted in association with an application to the Board of Trustees for a Town Wetlands Permit to replace (in-place) an existing dock and timber bulkhead. I have indicated that ail policies are "Not Applicable," because pursuant to Town Code §268- 5(A) and the corresponding definitions of"action" and "minor action" by §286-3, the submission of a LWRP Consistency Assessment Form is not required for this application, as the proposed work entails only the "maintenance or repair involving no substantiai changes in an existing structure or facility" and the replacement of an "existing bulkhead on the applicant's property in the same location." Robert E. Hemnann Coastal Management Specialist cc: Lauren Standish, Board of Trustees Town of Southold A. INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM Allapplicantsf0rpermits* including T0wn0f$0uth0ldagencies, shallc0mpletethisCCAF for proposed actions that are subject to the T0wn of S0uth01d W aterfr0nt Consistency Review Law. This assessmentisintended to supplement0therinf0rmati0n used by a T0wn 0fS0uth01d agency in m a k in g a d ete r m in a ti0 n 0 f a 0 n s is t e n c y. *gxce£t 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 should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail~ listing both supporting and non- supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. SCTM# 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. DESCRIPTION OF SITE AND PROPOSED ACTION 70 6 33 PROJECT NAME ROSA HODGSON The Application has been submitted to (check appropriate response): TownBoard [~] PlanningBoard[--'l Building Dept. ~] Board of Trustees [~ 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: Remove and replace (in-place) existing dock, consisting of a 6' x 87' fixed pier, 6' x 24' fixed "L" section, 4.5' x 33' step-down platform, and a 3' x 14' ramp and 6' x 20' float secured by (2) 8" pilings; remove and replace (in-place) 9' x 11' pervious patio and 4' x 8' steps to dock; construct approximately 774 linear feet ofvinyI bulkhead in place of existing timber bulkhead; backfill bulkhead with approximately 75 cubic yards of clean sand to be trucked in from an upland source; and establish 10' non-turf buffer adjacent to bulkhead, all as depicted on the project plan prepared by En-Consultants, Inc., dated July 28, 2008. Location of action: 4845 PINE NECK ROAD, SOUTHOLD Site acreage: 7.15 ACRES Present land use: RESIDENTIAL, ONE-FAMILY DWELLING 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: ROSA HODGSON (b) Mailing address: P.O. BOX 1644 SOUTHOLD, NY 11971 (c) Telephone number: Area Code 917-532-8057 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ~ No [5~ 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 th~ policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ['--]Yes ~] No [5~ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria V1 Yes V1 No Not Applicahle Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section Ill - 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 ?3 Yes No cable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ~ Yes ~ No ~ Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore thc 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 E~ Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southoid from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [~ Yes ~ No [5~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section lII- Policies; Pages 38 through 46 for evaluation criteria. ~ Yes ~ No~ Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's r-dependent uses and promote sit f new water-dependent uses in suitable locations. See LWRP Section IH - Policies; Pages 47 through 56 for evaluation crfleria. ~] Yes ~'~ No [~ Not Applicable 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 [5~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section II1 - Policies; Pages 62 through 65 for evaluation criteria. [~ Yes [~ No E~ 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 [5~ Not Applicable PREPARED BY ROBERT E.'HERRMANN TITLEcOASTALMGMTSPECIALIST DATE 7/29/08 Amended on 8/1/05 ' 0 EN-CONSULTANTS, INC. 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 631-283-6360 BOARD OF TRUSTEE~ TOWN OF SOl, tOLD DATE OCT 2 3 2008 EN-CONSULTANTS, INC. 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 631-283-6360 PROPO~P IN-PI.~I~ BLII. Kt-I~/~ ANP POCK I~PL. ACI~MI~NI' FOR ROSA HOP~bON ON JOC~Y CI~I;.K, ~LII'HOI. P, .SLI~FOI. K CO,, NY 09/09/2008 20:00 FAX 6312836136 E~-CONSULTANTS,INC, ~001 1319 North Sea Road Southampton, NY 11968 Phone: (631) 283..6360 Fax: (63't) 283-6136 www. enconsulta~ts.com I, En-Consultants, Inc. Jim King Rob Herrmann 765-~641 ~ -S- 765-1892 ~,,.-~--~ September g, 2008 ~n ~= ~ Hu~ and M~ T~ (~a ~il) Robert E. He~m,arm Coastal Management Specialist Phone: 631-283-6360 Fax: 631-281L6136 Entail: the~'~'aamn~mconsultants.com 09/09/2008 20:05 F.~ 6312836130 EN-CONSULTANTS,INC, EN-CONSULTANTS, INC. ENVIRONMENTAL CONSULTING O02 1319 Nor~ ~ Road Southampton, New Yo~ 11968 631-283-6360 Fmc 631-283-6136 www. erloonsulf~nf~ c~I 1ame~ King~ Chairman Board of Trustees Town of Southold September 9, 2008 P.O Box 1179 / Sou&old, NY 11971 ,"- :. SL~? 1 ~ : ,.-,~3 Re: Ro~ Hod~Mn, 4845 Pine N~'k ~,~a~ ~ Souib,~M s~xi~, ~i.ln .... u / I am in receipt of a copy of a Wat~w~xont Consistenoy Review report Frepar~ by the LWRP Coordi~u~ for the ~ptionod eppli¢~o~ w~ioh indicates that ~he '~ro~sed aetien has reviewed Loummat] to Cb~r 268" and recomm~ads that ~ Board of Trustees 6nd the proposed ia: place dock and bulkhead mplacemm~ to .be '%consisteat" and "consistent," r~pectivoly, with'the LWRP: However, while Town Code Chapter 268-5 ("Reviow of Acliolxs") doe.5 require waterfront consistency review of proposed '~ions" as defined by Chap~' 268-3 ("~"), clearly excluded f:wm that definition are %inor a~iom," which "are not subject to review" andor Chapter 268. Themfo~ as with all applications, it must fu~ be dei~iidned whether thc application in fact proposes ~'acilons" or '`mi,~r action' as defined by Chapter 268, becan~se if no %ctions" are proposed by the applicant az cL-,fined by Chapter 268, rhea further review by the LWRP Coordinators pu~uant to Chapter 268 is not required and wonld in fact be i .m!nn~x. h the case of the Hodgson application, only thc in-kind/in-placc replacement of a preexlaU'ng dock and bulkhead is ~ except for thc use of unUeau~ ~ea~aing for the bulkhead and umrea~l dock~nl for the dock. As ~ch, one or both clements of thc application meet one or more of the followiag three defmition.n of "minor action': 1. "A. Maiotemnce or repair involving no substantial ch:~geS in an existing Structure or facility;" 2. "B. Replacement, rehabilitation or reconsU~don of a structu~ or facility, in kind, on the same des/~t~i by the Co~al Erosion I-~zard ,~ (CEHA) where structures may n~t be r~placed, 3. "GG. Bulkhead to replace existing bulkhead on thc epplicam's proI~,iy in the same location ~ith a silt cumin employed during const~,.tion-'' Therefore, unless the Town can demonstrate how and why the proposed in-place replacement of a legally prmxisfing hol~head on the applicant's property (thc applicant heroby agrees to employ a silt curtain during constnLefion)and the proposed in-kind/in-place replacement of a legally preexisting dock ndt located in a Coa.~l Erosion Hazard An~ have been defined az "actions" requiring review 09/09/2008 20:06 FA~ $312536136 EN-CONSULTKNTS,INC. ~ by law; .~ 2) that ~he Boreal of Trustees make a ~ ~~ ~ ~c ~. Res~y yours~ Coastal Msa%o~rm~at Spe~ialis~ cc: Mzrk Terr t inK1Seo-m Hil~,, LWRP Coordim~ors Loft Hul~, 'Town A'/torney 09/09/2008 20:06 FAX 6312836136 EN-CONSULTANTS, INC, 1~004 z+ 09/09/2008 20:07 FA~ $312835135 E~-C0~$ULTA~TS,INC, ~005 James King, President Southold Town Trustees PO Box 1179 Southold NY 11971-0959 Dear Mr King: 9 Sept. 2008 I wish to bring to your attention that the trustees cannot legally approve the application of Rosa Hodgson, 4845 Pine Neck Rd, $outhold, Tax Map 70-6-32 as currently submitted. The application is to replace 774 ft of bulkhead in place along with the dock and add 85 cyds of fill. However, on 30 August, Southolders for Sovereign Rights inspected the property and found that it is currently in violation of the Public Trust Doctrine. Granting the application would perpetuate the illegality and, moreover, might not represent best management practices. Violations of the Public Trust Doctrine and Town Codes The present bulkhead is footed below mean Iow water and thus confiscates public land. The addition of 85 cyds of fill implies a landfill operation. The Trustees cannot divest themselves ofjus publicum title to public land unless it can be clearly established that the action could be reasonably considered to be "for the good of all the public" ( e.g, Orient State Park, federal navigation aids). Furthermore, such action requires special legislation. Therefore, this property is burdened by the Public Trust Doctrine, as are the Trustees in the stewardship of town lands. The present bulkhead adjacent to the Pine Neck Rd public launching ramp is 6 ft in vertical height at the mean Iow water line and topped by a cyclone fence to mlw. The fence violates Town Code 275. A.11 (4) Fences. The right of public lateral access along the shore is prevented along the entire length of the bulkhead unless the innocent beach stroller is equipped with a ladder and is athletic. It is curious that the Trustees recognize the right of public access pertaining to docks and groins by requiring "a public passing way, on the upland, not less than five feet in width, to enable persons to pass and repass around said dock or by steps or a ramp allowing pedestrian passage," but the town code is strangely silent about what is called for in the Public Trust Doctrine - a public passing way along a bulkhead footed below mean high water. A passing way along the entire bulkhead is lawfully required of all bulkheads in Southold Town footed below mean high water which must include stairs or ramps to mount the bulkheads. The existing dock which leads from the bulkhead does not allow public passage violating Town Code Chap. 275. C.(2) Docks.(a)[9]. A Suggested Best Management Practice This property which faces Southold Bay at the inlet to Jockey Creek is at the terminal end of a littoral cell that is transporting sediment eroded from beaches to the northeast, and depositing it at the applicant's front door as a sand island of 3.2 acres. The applicant has lost the benefit of this natural accretion because wave energy is reflected off the vertical bulkhead wall to scour out the shoreline at the foot of the bulkhead creating a deep channel which separates the applicant's property from the sand island. If the applicant removed the bulkhead or replaced it so that it was footed above mean high water, natural wave action would cause the sand island to gradually migrate and attach to her property. The applicant would gain title to the beach above mhw by dpadan dghts of accretion. How would the public benefit? Public lateral access along the shore would now exist from the launching ramp. Wave action would be absorbed by the natural slope of the forming beach rather than being reflected off the hardened shoreline to agitate and stir the waters of the creek. An intertidal habitat would be re-established which if wave action is not too severe might even allow a saltmarsh to exist. Sincerely, Howard Meinke Rosemary Gabdel Armand DeLuca Heather Cusack Keith McCamy Arden Scott Carol Simons Lillian Ball Poppy Johnson Maggi Travis Doug Hardy Edwin Smith Rob Buchanan (howardrmeinke@aol.com) (rosemary.gabriel@vedzon.net) (spatdad@optonline.net) (hcusack@suffolk. lib. ny. us) (keith.mccamy@verizon.net) (keith.mccamy(~verizon.net) (clsimons@@optonline.net) (ballstudio~thing.net) (pjoh nson@suffolk.lib, ny. u s) (magpitr@mac. com) (chardy@peconic. net) (edwinasmith@optonline.net) (Robbuc@mac.com) Rick and Linda Kedenburg (kedenbird@optonline.net) Cc: Town Attorney Supervisor Russell Town Board LWRP CC Mark Terry Scott Hilary THIS INDENTUll, made the ~ day of 1965, between Lighthouse Development Corp., a domestic oorpora~ion having its principal place of business at Southold, New York, party of ~he first p~t, ~d William J. 2oller~ ~d Antoinette 2ollert, his ~fe, resid~g at Sou~hold, New York, parties of the second p~ty of the second par~, does hereby grant ~d release ~to ~ that certain plot, piece or parcel of l~d, situate, lying dist~t 575 fee~ as measured along the northerly side of Pine thence ~ an easterly ~d southerly direction along the line of average high wa~er mark of Jockey Creek as moss.ed by the fol- i/north 70°27'30" east ~ north 56"59'50" east north 45°27'40'' east south 85~54'50'' east south 68°49'50" east south 10°27'40" east i/south 74"25'40" east north 42"11'40" east soRth 50°07'10'' ssst 1 south 52°17'20" east 11) south 16°51'20'' east 242.81 feet; 150 feet; 195.81 feet; 98.25 feet; 271.52 feet; 66.10 feet; Pine Reck Road; thence westerly and southerly along the northerly side of Pine Neck Road, the following four courses and distances: i/south 84~45'00" west, 280 feet; south 5015'00" east, 8.25 feet; south 84e¢5'00" west, 795.39 feet, and 4) south 76"~0'00" west, 198.81 feet to the point or place of beginning; and also ALL that certain plot, pieoe or parcel of land and beach situate, lying and being in the Town of Southold, County of Suffolk and State of New York, being known as part of Halleck Beach, being bounded westerly by 01d 0hannel, northerly by New Channel, easterly by Town Harbor a~d southerly by Healing, being more particularly bounded and described as follows: BEGINNING at a point where the northerly line of land of Healing is intersected by the westerly average high water mark of,~ld Channel"; said point of beginning being also distant 196 feet easterly as measured On a eoturse which is a deflection right 15~ from the south- erly line of Pine Neck Road, the point of said deflection being 210 feet easterly from the place where the southerly side of Pine Neck Road becomes 4 rods wide; said point of beginning also be- ing distant 196 feet easterly ae measured by a tis line course south SO°lS'00" east from a point distant 210 feet easterly from the place where the southerly side of Pine Neck Road becomes 4 rode wide; running thence northerly and northeasterly along the average high water mark of Old Channel and Town Creek the follow- ing 3 tie line courses and distances: 1) north 10°28'00" east, 178.50 feet; 2) north 20Q55'00" east, 451.96 feet, and (5) north 50°17'00'' east, 475.02 feet to a bulkhead and Hew Channel; thence easterly and southerly along New Channel, as measured by the following 2 tie line courses and distances: 1) north 84~59'00'' east, 58.55 feet; (2) south 6°39'20" west, 28.90 feet to Town Harbor; thence southerly along the average high water mark of Town Harbor as measured by the fallowing 4 tie line courses and distances: 1) south 45'48'10~.84 feet; (2) south 22°13'40"west 227.70 feet; (3) south 35°48'20'~47.g4 feet, and south lO°27'00"weet 135.47 feet to land of Healing;'thence north 80~15'00'' west, along land of Healing, 82 feet to the average high water mark of 01d Channel and the point or place of beginning. TOGETHER with all the right, title and interest, if any, of the party of the first part of, in and to Sand Island, about 3/4 of an acrs in size, located between the first parcel hereinabove described and the meeond parcel hereinabove described, the south- westerly shore of said Island being about 150 feet northeast of the shore line of the parcel first hereinabove described opposite the residence om said parcel. TOGETHER with all the right, title and interest, if ~y, of the party of the first part of, in and to the land below the mesa high water mark and under the waters of Jockey Creek, Town Creek and Town Harbor adjacent to the premises above described and meadowland in the socalled Old Ohannel surrounding Sand Island above referred ~o and between the first and second parcels here- inshore described. TOGETHER with all of the right, title and interest, if any, of the party of the first part of, in and to Pine Neck Road adjacent to the first parcel hereinabove described to th~enter line thereof. BEING and intended to be the same premises conveyed to the party of the first part by deed ~de by Leo Roon and Anna M. Roon, his wife, dated March 12, 1955, recorded March 14, 1955, in liber 5~52 of conveyances, page 489, in the Suffolk county clerk's of- SUBJECT to covenants, conditions, reservations and restrictions cf record as set forth in said deed. EXCEPTING, however, from the above described premises, so much thereof as was conveyed by the party of the first part by the following deeds: l) to John A. ~inkbinder and Sally G. Finkbinder, his wife, dated July l, 1957, recorded July 5, 1957, in liber 4525 of eonveyanses, page 449, in said county clerk's office; October.16, 1957, recorded October 22, 1957, in ltber 4380 of con- clerk's office. August 26, 1957, recorded August 29, 1957, liber 4~52 of con- Thgw0F~,~a~t2" shall be construed as if it read ,,parties. when- 587 THIS nineteen hundred and DISTRICT SECTION BLOCK LOT INDENTURE, made the 5th day of March, seventy nine BETWEEN both residing part, and WILLIAM J. POLLERT and ANTOINETTE POLLERT, his wife, New York 11971, parties of the first at Southold, SOL BERG an.d ROSA BERG, his wife, both residing at 50 East 79 Street, New York, NeW York 10021, parties of the second part, !I ~..- t000 DIST. 6 '% BLK. ~ WITNESSETH, that the parties of the first part, in consideration of ten dollars and other valuable consideration paid by the parties of the second part, does hereby grant and release unto the parties of the second part, the heirs os successors and assi~n~--~d5 t~e~p-arties of the second part forever, PARCEL I ALL that certain plot, p~ece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southwesterly corner of adjoining land formerly of Boyd on the west and the of Pine Neck Road; land of Pollert, northerly line RUNNING THENCE North 8 degrees 55 minutes 40 seconds West, along land formerly of Boyd, 180.03 feet to the mid line of a certain 30 foot right of way and land of Gibbons; THENCE along the mid line of said right of way and land of Gibbons North 78 degrees 04 minutes 20 seconds East 80.0 feet; THENCE along land of Gibbons and Hamilton, North:84 degrees 04 minutes 20 seconds East, 219:21 feet; 33 Al LOT ~ ~ ~0 THENCE still along land of Hamilton, North 5 degrees 55 minutes 40 seconds West, 15..0 feet; THENCE North 84 degrees 04 minutes 20 seconds East, 56.0 feet; THENCE along land of~Conroy, North 54 degrees 32 minutes 40 seconds East, 151~74 feet;. THENCE along land of Pulitzer, South 6 degrees 54 minutes 20 seconds West, 18.0. feet; THENCE still along land of Pulitzer, South ~9 degrees 59 minutes 40 seconds East, 136.70 feet and North 25 degrees 17 minutes 40 seconds East, 208.41 feet to the average and ordinary high water line of Jockey Creek (said line intersecting an existing bulkhead line along Jockey Creek); RUNNING THENCE in an easterly and southerly direction along the average high water mark of Jockey Creek as measured by the following tie line course and distances: R EC.E'I', 5.9_ O. . · RE~ ~TAT~ SUFPOLK COUN'¥¥ ~ 1. ~ort~ 56 degrees 39 minutes East, 10.00 feet; 2. North 43 degrees 59 minutes 00 seconds East, 3. South 49 degrees 49 minutes 40 seconds East, 4. South 20 degrees 40 minutes 00 seconds East, the northerly side of Pine Neck Road; 139.00 feet; 267.89 feet; 327.50 feet to THENCE Westerly and southerly along %he northerly side of Pine Neck Road, the following four courses and distances: 1. South 84 degrees 45 minutes West 286~80 feet; 2. South 05 degrees 15 minutes 00 seconds East, 8.25 feet; 3. South ~4 degrees 45 minutes West, 795.~9 feet; -4. South 76 degrees 30 minutes West, 18.49 feet to land formerly of Boyd and the point or place of BEGINNING. TOGETHER with all rights of the seller in and to the use of so much of a certain existing right of way for all ordinary purposes of ingress and egress in common with others as same extends along a portion of the northerly and w~Bterly sides of Parcel I and runs in a westerly and ~outherly direction through and ~c~o~'-T~ds~ of others from Parcel I to Pine Neck Road, the said right of way being described as follows: The Westerly line of said right of way begins at a point on the northerly line of Pine Neck Road at the southeast corner of land now or formerly of Grathwohl and runs thence North 08 degrees 55 minutes 40 seconds West, 200 feet, said right of way runs thence North 78 degrees ~4 m~nutes 20 seconds East, through land of Boyd and Gibbons, 260 feet, thence North 84 degrees 04 minutes 20 seconds East, through land of Gibbons and Hamilton 220 feet; Thence South 05 degrees 55 minutes 40 seconds East, 15 feet to the northerly line of Parcel I above described; Thence along the north side of said Parcel I, South 84 degrees 04 minutes 20 seconds West 219.21 feet and South 78 degrees 04 minutes 20 seconds West, 80 feet to land of Marchese; Thence South 8 degrees 55 minutes 40 seconds East, 15 feet; Thence South 78 degrees 04 minutes 20 seconds West, through land of Marchese,- 149.96 feet to a point; Thence South 8 degrees 55 minutes 40 seconds East 169.13 feet through land of Marchese to the northerly side of Pine Neck Road; thence South 76 degrees 30 minutes West, along the northerly side of Pine Neck Road 30 feet to the point or place of BEGINNING. Parcel I of the premises hereby conveyed is subject to the rights of others to the use for ordinary purposes of ingress and egress of any existing right of way which is adjacent to and connecting with portions of the right of way above described and runs along a portion of the northerly side of the aforesaid Parcel I, and is described as follows: BEGINNING at the northwest corner of the above described Parcel I adjoining land of Marchese and the above described right of way on the west; RUNNING THENCE along lands of Gibbons and Hamilton and ~the southerly line of the above described right of way North 78 degrees 04 m~nutes 20 seconds East, 80 feet; THENCE North 84 degrees 04 minutes 20 seconds East, 219.21 feet; THENCE North 5 degrees 55 minutes 40 seconds West, 15 feet; -2- ~ENCE along lands of Hamilton, Conroy and Putitzer, North 84 degrees 04 minutes 20 seconds East, 56 feet; North 54 degrees 32 minutes 40 seconds East, 151.74 feet; South 6 degrees 54 minutes 20 seconds West, 18 feet: South 89 degrees 59 minutes 40 seconds East, 45 feet; South 24 degrees 33 minutes West, 16.37 feet; THENCE through the northerly side of Parcel I, North 89 degrees 59 minutes 40 seconds West, 40 feet; South 67 degrees 26 minutes .40 seconds ~est, 42.08 feet; South 54 degrees 32 minutes 40 seconds ~$t, 88.49 feet; South 69 degrees 06 minutes 20 seconds West, 65.61 feet~ South 84 degrees 04 minutes 20 seconds West 218.43 f~et; South 78 degrees 04 minutes 20 seconds West, 80.00 feet to the land of Marchase and the first above doscribed right of way 15 feet to the point of BEGINNING. O00 )IST. 0 :EC. 3 iLK. .OT PARCEL II ALL that certain plot, piece or parcel of land and beach situate, lying and being an the Town of Southotd, County of Suffol~ and State of New York, being known as part of Hallock Beach, being bounded westerly by Old Channel, northerly by New Channel, easterly by Town Harbor and Southerly by Rath, being more particularly bounded and described as follows: BEGINNING at a point where the northerly line of land of Rath is intersected by the westerly average high water mark of "Old Channel"; said point of beginning being also distant 196 feet easterly as measured on a course which is a deflection right 15 degrees from the southerly line of Pine Neck Road, the point of said~deflection being 210 feet easterly from the place where the southerly side of Pine Neck Road becomes 4 rods wide; said point of beginning also being distant 196 feet easterly as measured by a tie line course South 80 degrees 15 minutes 00 seconds East from a point distant 210 feet easterly from the place where the southerly sid9 of Pine Neck Road becomes 4 rods wide; running thence ~ortherly and north- easterly along the average high water ~ark of Old Channel and Town Creek'the following 3 tie line courses and distances: 1. North 10 degrees 28 minutes 00 seconds East 2. North 28 .degrees 33 minutes 00 seconds East, 3. North 50 degrees 17 minutes 00 seconds East, a bulkhead and New Channel; thence easterly and New Channel, as measured by the following 2 tie distances; 17~.30 feet; 451..96 feet, and 473.D2 feet to southerl~ along line courses and 1. North 84 degrees 59 minutos 00 seconds East, 58.~55 feet; 2. South 6 degrees 39 minutes 20 seconds West, 28.9~ feet to Town ~arbor; thence Southerly along the average high water mark of Town Harbor as measured by the following 4 tie line courses and distances: 1. South 45 degrees 48 minutes 10 seconds West 462.84 feet; 2. South 22 degrees 13 minutes 40 seconds West 224.70 feet; 3. South 35 degrees 48 minutes 20 seconds West 247.84 feet, and 4. South 10 degrees 27 minutes 00 seconds West 135.~7 feet to land of Rath; thence North 80 degrees 15 minutes 00 seconds West, along land of Rath 82 feet to the average high water mark of Old Channel and the point or place of BEGINNING. -3- R E C 0 R D E D , MAR 9 19~,9 \ _ RTHUR J. FELICE O&,OO d3 ,o o /3, O~ RECORD( THI~iNDE~IJR~ma~the 19ch dayof Sep.cember ,~~ eighty-five SOL BERG, c/o David Ehrlich~ 380 ~dison Avenue, ~ New York, New York'l~7 ~l~ SECTION BL~ LOT pan~ of the fir~ pan, and C) ~ ROSA HoDGSON, lo.Ti New York, New York 1£ ~_~ 0oo reef, o pan), d the ~econd pan, __ .W~'I~IF._~.. T .1~ that the party of the first p~it, in considera~on of ten dollars ~ bv the mrtv of the second pa~., . n. ereDy r-~mse, re, ease and qmtclaim unto the party of the second ~ the 'r u~gas o~ the party of the second ~ forever, : . . ] . hei ALL that ce~n p~t. ~ece or p~cel of hnd. with the b-~ldin~s and ~npmv--~_,ts th=eon erect%?mte. .l.y~und being;-the Town of S. outhhold, County of Suffolk and State New ~ork, boUnded and descrzbed in that certain deed dated the 5th day of March, nineteen hundred and seventy-nine between William J. Pollert and Antoinette Vollert, his wife to the party of the first part, Sol Berg, and to the party of the second part, Rosa Berg (now known as Re Hodgson), recorded in the Office of the Clerk of Suffolk County on March 9, 1979 in Liber 8593 on Page 587. It is the intention hereof by Sol Berg, the party of the first )art, to convey to the party of the second part the sole and complete ownership of the foregoing described property, a more detailed description of which is set forth on Schedule A attached hereto and made part hereOf. 8746 REAL E'~TATE t TO~. E?H~R w. ith ~ ri~.ht, t!.tle and interest, if nay, of the party of the first part in ~ to any streets and roa.~.~.uthng me anove, ae~cn.oeq_ premises to the center lin.es thereof; TOGETHER with ~ am and all ~ estate, and nghU o! the party of the first part m and to said premises: TO HAVe'AND TO .,HOLD the prem~-~s herein gnmted unto the party of the second part, the heirs or Suco~-___~. ~nd assigns me party of the second part forever. ~,D ~e party oi.~e first part. in compl'..~nce with Section 13 of the Uen l~w, hereby ~ovenants that the party .me nrst part will receive the considerat/on for this ~oRveya~ce and will hold the fight tO receive s.uch, cons/d- .te~_ti_o_n _as~a,_. ~t~st_ ..fund to ho~ap.~.i, ed ers~,f.or, the. purpose of .pa .ying t~. cost of the in~.p.mv __~.q~t_: and will apply ~ same ar~ ~o me payment ot me cost ot the unprovement before using any part m the total of the same for any offer purpos~ The word "party" ~ be construed as ff it read "panics' whenever the se~e of th~ b~tenture so requires. write= 1985 ~-LIETTE k. KINS[~A- ClBrk of Suffolk Count~ "u E, 9888 . :I54 SCHEDULE A I Description of Property Conveyed by Sol Berg to Rosa Hodgson by Deed Dated September 19, 1985 PARCEL I ALL that certain and improvements Town of Southold, and described as plot, piece or parcel of land, wi~h the buildings thereon erected, situate, lying and being in the County of Suffolk and State of New York, bounded follows: BEGINNING at a point on the southwesterly corner of land of Pollert, adjoining land formerly of Boyd on the west and the northerly line of Pine Neck Road; RUNNING THENCE North 8 degrees 55 minutes 40 seconds West, along land formerl~of Boyd, 180.03 feet to the mid line of a certain 30 foot right of way and land. of Gibbons; THENCE along the mid line of said right of way and land of Gibbons North 78 degrees 04 minutes 20 seconds East 80.0 feet; TilENCE along land of Gibbons and Hamilton, North 84 degrees 04 minutes 20 s~conds East, 219.21 feet; THENCE still along land of i{amilton, North 5 degrees 55 minutes 40 seconds West, 15.0 feet; THENCE North 84 degrees 04 minutes 20 seconds East, 56.0 feet; THENCE along land of Conroy, North 54 degrees .32 minutes 40 seconds East, 151.74. feet; T~ENCE along land of Pulitzer, South 6 degrees 54 minutes 20 seconds west, 18.0 feet; THENCE still along land of Pulitzer, South 89 degrees 59 minuteg 40 seconds East, 13~.70 feet and North 25 degrees 17 minutes 40 seconds East, 208.41 feet to the average and ordinary high water~ line of Jockey Creek (said line intersecting an existing bulkhead line along Jockey Creek); RUNNING THENCE in an easterly and southerly direction along the average. |!igh water mark of Jockey Creek as measured by the following tie line course and distances: RECORDED .......... : ' . C}8[k of Suffolk Coun~ 1. North 56 degrees 39 minutes East, 10.00 feet; 2. North 43 degrees 59 minutes 00 seconds East, 139~00 feet; 3. South 49' degrees 49 minutes 40 seconds East, 267.89 feet; 4. South 20 degrees 40 minutes 00 seconds East, 327.50 feet t° the northerly side of Pine Neck Road; THENCE Westerly and southerly along the northerly side of Pine Neck Road, the following four courses and distances: 1. South 84 degrees 45 minutes West 286.80 feet; 2. South 05 degrees 1§ minutes 00 seconds East, 8.25 feet; 3. .South 84 degrees 45.minutes West, 795.39 feet; 4. South 76'degrees 30 minutes West, 18.49 fe~t to'land.formerly of Boyd and the point or place of BEGINNING. .TOGETHER'with all rights of the seller in and to the use of so much of a certain existing right of way for all ordinary purposes of ingress and egress in common with others as same extends along a portion of the northerly and westerly sides of Parcel I and runs in a westerly and southerly direction through and across lands of others from Parcel I to Pine Neck Road, the said righ~ of way being ! described am follows: The Westerly line of said right of way begins at a point on the northerly line of Pine Neck Road at the southeast corner of land now or formerly of Grathwohl and runs thence North 08 degrees 55 minutes 40 seconds West, 200 feet, said right of way runs thence North 78 degrees 04 minutes 20 seconds East, through land of Hoyd and Gibbons, 260 feet, thence North 84 degrees 04 minutes 20 seconds East, through land of Gibbons and Hamilton 220 feet; Thence South 05 degrees 55 minutes 40 seconds East, 15 feet to the northerly lihe of.Parcel I above described; Thence along tk~ north side of said Parcel I, South 84 degrees 04 minutes 20 seconds West 219.21 feet and South 78 degrees 04 minutes 20 seconds West, 80 feet to land of Marchese; Thence South 8 degrees 55 minutes 40 seconds East, 15 feet; Thence South 78 degrees 04 minutes 20 seconds west, through land of Marchese, 149.96 feet to a point; Thence South 8 degrees 55 minutes 40 seconds East 169.13 feet through land of Marchese to . the northerly side of Pine Neck Road; thence South 76 degrees 30 minutes West, along the northerly side of Pine Neck Road 30 feet to the point or place of BEGINNING. Parcel I Of the premises hereby conveyed is subject to the rights of others to the use for ordinary purposes of ingress and egress of any existing right of way which is adjacent to and connecting with portions of the right of way above described and runs along a portion of the northerly side of the aforesaid Parcel I, and is described as follows: BEGINNING at the northwest corner of the above described Parcel I adjoining land of Marchese and the above described right of way on the west; RUNNING THENCE along land's of Gibbons and Hamilton and the southerly line of the above described right of way North 78 degrees 04 minutes 20 seconds East, 80 feet; THENCE North 84 degrees 04 minutes 20 seconds East, 219.21 feet;' THENCE North 5 degrees 55 minutes 40 seconds West, 15 'feet; -2- R[ ORDEDI ...... ::'!:!OCT ,985 ....... . Clm'k of Sufloll,, Count 'T}IBNC~ along lands,of Hamilton, Conroy and Pulitzer, North 84 degrees 04 mihutes 20 seconds East, 56 feet; North 54 degrees .32 minutes 40 seconds ~ast, 151.74 feet; South 6 degrees 54 minutes 20 seconds West, 18 feet; South 89 degrees 59 minutes 40 seconds Bast, 45 feet; South 24 degrees 33 minutes West, 16.37 feet; · THBNCB through the northerly side of Parcel I, North 89 degrees 59 minutes 40 seconds West, 40 feet; South 67 degrees 26 minutes '40 seconds West, 42.08 feet; South 54 degrees 32 minutes 40 seconds West, 88.49 feet; South 69 degrees 06 minutes 20 seconds West, 65.61 feet; South 84 degrees 04 minutes 20 seconds west 218.43 feet; South'?8 degrees 04 minutes 20 seconds West,'80.00 feet to the land of Marchese and the first above described right of way 15 feet to the point of BEGINNING. PARCEL I.I ALL that certain plot, piece or parcel of land and beach situate, lying and being in the Town of Southold, County of Suffolkand State of New York, being known as part of Hallock Beach, being bounded westerly by Old Channel, northerly by New Channel, easterly by Town }[arbor and Southerly by Rath, being more particularly bounded and described as follows: BEGINNING at a point where the northerly line of ~and of Rath is intersected by the westerly average high water mark of "Old Channel"; said point of beginning being also distant 196 feet easterly as measured on a course which is a deflection right 15 degrees from the southerly line of Pine Neck Road, the point of said deflection being 210 feet easterly from the place where the s~utherly side of Pine Neck Road becomes 4 rods wide; said point ~f beginning also- being distant 196 feet easterly as measured by a tie line course South 80 degrees 15 minutes O0 seconds East from a point distant 210 feet easterly from the place where the southerly side of Pine Neck Road becomes 4 rods wide; running thence northerly and north- easterly along the average high water mark of Old Channel and Town Creek the following 3 tie line courses and distances: 1. North 10 degrees 28 minutes 00 seconds East 178.30 feet; 2. North 28 degrees 33 minutes 00 seconds East, 451.96 feet, and 3. North 50 degrees 17 minutes 00 seconds East, 473.02 feet to a bulkhead and New Channel; thence easterly and southerly along New Channel, as measured by the following 2 tie line courses and distances; 1. North 84 degrees 59 minutes 00 seconds East, 58.55 feet; 2. South 6 degrees 39 minutes 20 seconds West, 28.90 feet to Town }[arbor; thence Southerly along the average high water mark of Town ~{arbor as measured.by the following 4 tie llne courses and distances: 1. South 45 degrees 48 minutes 10 seconds West 462.84 feet; 2. South 22 degrees 13 minutes 48 seconds West 224.70 feet; 3. South 35 degrees 48 minutes 20 seconds Nest 247.84 feet, and 4. South 10 degrees 27 minutes 00 seconds West 135.47 feet to land of Rath; thence North 80 degrees 15 minutes ~0 seconds West, along land of Rath 82 feet to the average high water mark of Old Channel and the point or place of BEGINNING. -3- RE ORDED, ........ [{i:OcT......... KINSEU.k- : C~8[k ef Suffolk Coun~ PARCEL III TOGETHER with.all the 'right, title and inte~est,.i~--~.',of the parties of the first part, of, in and to Sand Islan[,~-~bout 3/4 of an acre in size, located between Parcel I hereinabove described and Parcel II herein&bore described, the southwesterly.shore of .said Island being about 150 feet northeast of the shore line of Parcel I hereinabove described dpposite the residence on said parcel. . . ~ny~ TOGETHER with all the right, title and interest, '~f the t mean parties of. the. first part, of, in and to the land )e~l~mr'the high water'mark and under the waters of Jockey Creek, Town Creek and Town Harbor adjacent to the premises above described and meadowland in the so-called Old Channel surrounding Sand Island above referred to and between the first and second parcels herein- above described. TOGETHE~ with al~ rights of the parties of the first part, i~ny} in and to the waters of Town Harbor, Old Channel, New Channel ~ Jockey Creek bordering on portions of the premises herein conveyed. SUBJECT to zoning regulations and building ordinances of the ToWn of Southold, New York. SUBJECT to utility easements of Long Island Lighting Co. recorded in Liber 4537 cp 291, Liber 4537 ep 286, and Liber 4111 cp 52, in the office of the Clerk of the County of Suffolk. ....... :i':'".:OC'[ ~' ~$5 'TULI£~E A. KINSELLA- ' , t C~erk of Suffolk Count~ · '~, ZURVEY OF PROP~'R?Y AT P£NE NECK TO ~rN OF SOUTHOLD ZUFFOLK COUNTY, I~]Y. I000- ?0-06--33 SCALE' 1'--40' NOVE~¢BER 14, ZOOS N/O/F POOLERT N/O/F G[['I!ION S ¢,"A'~- ~ ~o,, ROAD ~~/~'~/ UT/LIT'( EI~.Si:'~',NT MO~ SHOWN HEREON FINE/' AFI1EA17.1532 ACRES TO TIE LINES · =MONUMENT · =PIPE ---=OVERHEAD WIRES (S. L/C, NO, 4961 P.O. tAX (631) 765-1797 1230 TRAVELER STREET soU Ol_O, N. ..97 4' x ]9' STEP-~3E]'~N : NUN TURF BUFFER (1:2:~0 PU. ~/29/0~) EN-CONSULTANTS, INC. 1319 NORTH SEA ROAD 80UIHAM¢ION, NY 11968 ~631-283-6360 ARNO EN-CONSULTANTS, INC, 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 631-283-6360 I~OPO'~P IN-PL,~6-1~ I~.LKI~ ~P POCK JOC~Y C-'~I~K, 50LII'HOLP, 51~:FOLK CO,, NY N~w York State Department of Environmental Conservation Division of Environmental Permits, Region One SUNY@Stony Brook; 50 Circle Road; Stony Brook NY 11790-3409 Phone: (631) 444-0365 · FAX: (631) 444-0360 Webslte: www.dec.state.ny.us PERMIT MODIFICATION Ms. Rosa Hodgson P.O. Box 1644 Southold NY 11971-1644 Dear Permittee: February 10, 2009 NYSDEC #1-4738-03854/00001 Hodgson Property 4845 Pine Neck Road Southold Permit Expiration: 11/17/13 Your recent request to modify the above pezmit has been reviewed pursuant to 6 NYCRR Part 621 (Uniform Procedures Regulations). It has been determined that the proposed modification will not substantially change the scope of the permitted actions or the existing permit conditions. Therefore, the permit is modified to authorize: Reduce thc length'of the 87 foot pier by I0 feet. All work shall be performed in accordance with the plans prepared by En-Consultants, Inc. last revised on 1/20/09, and stamped NYSDEC approved on 2/10/09. This letter is a modification to the original permit, and as such, shall be available.~aLtlm-jol~ite whenever authorized work.ii in progress. . ~Nx, =ely, If Deputy Regional Permit Administrator CC: En-Consultants, Inc. Marine Habitat Protection file FEB I 7 2009 1' = 100' EN-CONSULTANTS, INC. 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 631-283-6360 EN-CONSULTANTS, INC. 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 631-283-6360 1-20-09 New York State Department of Environmental Conservation Division of Environmental Permits- Region One SUNY @ Stony Bro~k, 50 Circle Road, Stony Brook NY 11790-3409 Main Phone: (631) 444-0365 Website: www.dec.state.ny.us Fax: (631) 44~..0360 November 18, 2008 Ms: Rosa Hodgson P.O. Box 1644 Southold NY 11971 RE: Permit # 1-4738-03854/00001 JAN I 3 2OO9 Southhold ]own ~oard of Trustees Dear Permittee: In conformance with the requirements of thc State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6 NYCRR, Part 621) we are enclosing your permit. Please read all conditions carefully. 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. mrp Enclosure Very truly yours, Matthew R. Penski Environmental Analyst 1 NEW YORK STATE DEPARTMENT DEC PERMIT NUMBER 1-4738-03854/00001 FACILITY/PROGRAM NUMBER(S) NVIRONMENTAL CONSERVATION PERMIT Under the Environmental Conurvation Law EFFECTIVE DATE November 18, 2008 EXPIRATION DATE(S) November 17, 2013 TYPE OF PERMIT · New [] Renewal [] Modification [] Permit to Construct [] Permit to Operate [3 Adicle 15, T~tie 5: Protection of Wa- ters [] Article 15, Title 15: Water Supply [] Article 15, Title 15: Water Transport [] Article 15, Title 15: Long Island Walls [] Article 15, Title 27: Wild, Scenic and Recreational Rivers · 6NYCRR 608: Wats' Quality Certification [] Article 17, Titles 7, 8: SPDES [] Article 19: Air Pollution Control D Article 23, Title 27: Mined Land Reclamation [] Article 24: Freshwater Wetiends · Article 25: Tidal Wetlands [3 Article 27, Title 7; 6NYCRR 360: Solid Waste Management [3 Article 27, Title g; 6NYCRR 373: Hazardous Waste Management [] Article 34: Coastal Erosion Management [] Article 36: Floodplain Management Articles 1, 3, 17, 19, 27, 37; 6NYCRR 380: Radiation Contro~ PERMIT ISSUED TO Rosa Hodgson ADDRESS OF PERMITFEE ITELEPHONE NUMBER {917) 532-8067 P.O. Box 1644, Southold NY 11971 CONTACT PERSON FOR PERMITTED WORK En-Consultants, Inc., 1319 North Sea Road, Southampton NY 11968 NAME AND ADDRESS OF PROJECT/FACILITY JTELEPHONE NUMBER (631) 283-6360 Hodgson Property~ 4845 Pine Neck Road, Southold LOCATION OF PROJECT/FACILITY SCTM # 1000-70-6-33 Suffolk Southold ' Jocke¥Cresk E:716,9 N:4548.2 Description of Authorized Activity Remove and replace in the same location 768 linear feet of bulkhead and place 75 cubic yards of clean backfill. Remove and replace In the same location the existing 6 foot by 87 foot pier (includes one section that is t0 foot wide which serves as a platform on the north side), 6 foot by 24 foot %" section, 4 foot by 8 foot platform, 3 foot by t0 foot ramp, and 4 foot by t 9 foot step down platform. Remove / replace / relocate the existing 3 foot by 14 foot ramp and 6 foot by 20 foot float. Remove and replace the existing 9 foot by 1t foot pervious patio and 4 foot by 8 foot steps, and Install two sets of 3 foot by 9 foot steps onto the existing pier for beach access. All work shall prepared by Eh-Consultants, inc. last revised on By acceptance of this the ECL, all applicable NEW YORK STATE DEPARTMENT DE ENVIRONMENTAL CONSERVATION SPECIAL CONDITIONS 1. Due to the historic presence of piping plovers within ~00 feet of the project site, no regulated activities shall occur between April 1 ~ and August 31 ~ of any year. Regulated activitiea may commellc~ prior to August 31 ~, but only after July ?a of any year pending inspe~.tion by the NYSDEC, Bureau of Wildllfe staff. The permittec must contact the Bureau of Wildlife (631) 444-0308 to request a site inspection to obtain the status of birds at the project site. IfNYSDEC staffconfn-m the absence ofpxping plover breeding activity during the site inspection, work may commence after completion of the inspection. 2. The storage~of construction equipment and materials shall be confined within the project work area and/or upland areas greater than 7:5 linear leer from the tidal wetland boundary. 3. Prior to any consttuction or removal of bnlkbeads or other shoreline stabilization structures, si[ backfill must be excavated landward of the structure and retained so as not to enter the waterway, tidal wetlands or protected buffer areas. 4. All peripheral berms, cofferdams, rock revetments, seawalls, gabious, bulkheads or other approved shoreline stabilization structures shall be completed prior to placement of any fill materialbehind such structures. 5. The new bulkhead shall be constructed in place of the existing seaward bulkhead with no seaward extension o.f the outermost bulkhead face. 6. Ther?~sh~ll. be no discharge of nmoff or other effluent over or through any bulkhead or shoreline stabilization structure or into tidal wenand or protected buffer area. 7. Pier/ramps/float shall not a) extend laterally beyond.property linas, b) be placed so that docked vessels extend laterally over propesty lines, c) interfere with navigation, interfere witl~ other landowner's riparian rights. 8. No permanent structures shall be installed on pier/ramps/float without first obtaio!ng written Department approval (permit, modification or amendment). 9;..,No dredging, excavati~ or other alteration of the sh0raline or underwater areas is authorized by thispermit, nor shall issuance or this permit be construed to suggest that the Depamnent will issue a pem~t for such activitias in the future. 10. All fill shall consis.t of"clean" sand, gravel or soil (not asphalt, slag, flyash, broken concrete or demolition debts). l 1. No excavation of the beach is authorized for the put, ese of obt~inlug fill or stone material. 12. All fill must be graded to match the elevation of the land immediately adjacent to the bulkhead. 13. Ail areas of soil disturbance resulting from the approved project shall be stabilized with appropriate vegetation (grasses, etc.) i~rnmediatelyfollowingprojectcompletionorprior to permit expiration, whichever comas first. Iftheprojectsiteremaln*inactive for re. ore ~ 48 hours orplantinl[ is impracu~cal due to the season, then the area shall be stabilized with straw or hay mulch or jute matting until weather conditions tavor germination. 14. Ifsee~. ing .is impracticable due to th.e ti~.e of year, a temporary mulch shall be applied and fiual seeding performed at the earliest opportomty wt~en weather favors germmatton and growth, but not more than six months after project completion. 1:5. ~dl disturbed areas where soil will be temporarily exposed or stockpiled for longer than 48 hours shall be contained by a cont..munus line of staked haybalas / silt ctlrtalns (or Other NYSDEC approved devices) placed on the seaward side between the fill and me wetland or protected buffer area. Tarps are authorized to supplement these approved methods. 16. The use o f wood treated with pentachiorophen01 or other wood a'eatment not specifically approved by the Departmant for use in wetlands and/or marine waters, is slrictly prohibited in the construction of stxuctures that wl]! be in contact with tidal waters. 17. There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the pen~ittad activities. 18. Any debris or excuss material from cousm~ction ofthis project shall be completely removed from the adjacent area ~nd ramoved to an approved upland area for disposal. No debris is permitted in tidal wetlands or protected buffer areas. ~h 9. At least 48 .h. ours prior to commencement of theproject, the permittee ami cdntractor shall si~n and return th~ top portion of · ,enclos,e.d... nottfica, tio? form certi .lying that they are fully aware of, and understand the terms and conditious of, this permtt. Within 30~ ?ays of ,me co, mpte~on of the project, the bottom portion of the form must also be signed and returned, along with photographs or me completen worg. DEC PERMIT NUMBER 1-4738-03 $$4/0000 PAGE 2 OF 4 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION NOTIFICATION OF OTHER PERMITTEE oBLIGATIONS Item A: Permlttee Accepts Legal Responsibility and Agrees to Indemni~cation The perm/tree, excepting state or federal agencies, expressly agrees to. indemnify and bold hunuless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all clA~m~, suits, actions, and damages, to the extent attn'entable to the permittoe's acts or om/asions in connection with the permittce's undertaking of activities/n connection with, or operation and maintenance of, the facility or facilities authorized by the penn/t whether/n compliance or not in compliance with thc terms and conditions of thc permit. Tiffs indemnification does not extend to any claims, suits, actions, or damages to the extent attrthutablc to DEC's own negligent or intentional acts or omissions, or to any c]almg; suits, or act/ons naming th~ DEC end al/Sing tinder Art/cie 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 pennittee is responsible for informing, its independent contractors, employees, agents and assigns of theh- rcsponsibil/ty to comply with th/s permit, incinding all spec/al cond/tions while acting as the pcrm/ttoe's agent with respect to the perm/ttod activ/ties, and such persons shall he subject to the same sanctions for v/olations of the Env/ronmental Conservation Law as those prescribed for the permittcc. Item C: Permlttee 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 author/zed by thla pemfit. Item D: No Right to Trespass or Interfere with Riparian Rights TMs permit does not convey to the permittee any right to trespass upon the lands or interfere with the ripaden rights of others hi order to perform the penn/tted work nor does it authorize the/mpairment of any rights, tide, or interest in real or personal property held or vested in a person not a party to tho penn/t. - GENERAL CONDITIONS General Condition 1: Facility Inspection by the Department Thc permitted site or facility, includini relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of die Department of Environmental Conservation (the Depe~nent) to determine whether the perm/ttee is complying with th/s permit and the ECL. Such reprcsentetive may order the work suspended pursnant to ECL 71-0301 end SAPA 401(a). Thc pcrmitree shall provide a person to accompany the Depar~ncnt's representative during au laspcction to the penult area when requested by the Department. A copy of this perm/t, including all referenced maps, drawings and spec/al conditions, must be avalhble for inspection by the Department at all times at the project site or facility. Fa/lure to produce a copy of the pexm/t upon request by a Depatlment representative/s a v/elation of this permit. General Condition 2: ReLationship of this Permit to Other Department Orders and Determinations Unless expressiy provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or detemfination. Gener/d Condition 3: Applications for Permit Renewals or Modifications The penn/ttec must submit a separate written application to the Department for renewal, mod/ficafion or transfer of this permit Sueb application must include au), forms or anpplamental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. The permlttoe must submit a renewal application at least: a) 180 days before exphat/on of perm/ts for State Pollutant Discharge Elimination System (SPDES), Haza~xions Waste Management Facilities (HWIvIF), major Air Pollution Control (APC) and Solid Waste Management Facilities {SWIVIF); and b) 30 days before exph'ation of all other permit types. ' Subm/ssion of applications for penn/t nmewal or modification are to be submitted to: NYSDEC Rcginnal Permit Admini~Wator, SUNY ~ Stony Brook, 50 Circle Road, Stony Brook NY I 1790-3409 General Condition 4: Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to mod/fy, suspand or revoke this permit hi accordance with 6 NYCRR Part 621. The grounds for modification, suspension or revocation include: o) b) c) DEC PERMIT NUMBER i -4738'0 8 4/0000 materialiy false or inaccurat~ statements in the permit application or supporting papers; failure by the permittee to comply with any terms or conditions of the permit', exceeding the scope of the project as described in the permit application; newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to thc permitted activity. PAGE 3 OF 4 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ADDITIONAL GENERAL CONDITIONS FOR ARTICLES '15 (TITLE 5), 24, 25, 34 AND 6 NYCRR PART 608 (TIDAL WETLANDS) If future operations by the State of New York require an alteration in the position of thc structure or work herein authorized, or if, in thc opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the frcc navigation of said waters or flood flows or endanger thc health, safety or Welfare of the people of the State, or cause loss or destruction of thc natural resources of thc State, thc owner may loc 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 thc 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 thc uncomplcted structure or fill and restore to its former condition thc 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. Thc 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 from future operations undertaken by thc State for thc conservation or improvement of navigation, or fro' other purposes, and no claim or right to compensation shall accrue from any such damage. 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, leachate or any other environmentally deleterious materials associated with the project. Any material dredged in thc conduct of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across or along the bed ora waterway or floodplain, deposits within any regulatory floodway, or deep holes that may have a tendency to cause damage to navigable channels or to thc banlcg of a waterway. 5. There shall be no unreasonable interference with navigation by the work herein authorized. If upon the expiration or revocation of this permit, thc project hereby authorized 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. If granted under 6NYCRR Part 608, thc NYS Department of Environmental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301,302, 303, 306 and 307 of thc Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. At least 48 hours prior to commencement of the project, the permittea 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, thc bottom portion of the form must also be signed and returned, along with photographs of the completed work and, if required, a survey.-- 9. All activities authorized by this permit must be in strict conformance with the approved plans submitted by thc applicant or their designated agent as part of thc permit application. Such approved plans were prepared by: En-Conanltants Inc last revised on 10/6/08 and sram.ed NYSDEC aooroved on 11/18/08. DEC PERMIT NUMBER 1-4738-03854/00001 PAGE 40F~4 EXISTING FIXED DOCK WITH RAMP AND FLOAT TO DE RECONSTRUCTED <IN-PLACE) NON-TURF DUFFER × 20' FLOAT '~2~'~ 14' RAMP ~' L ?CC,?.,~ULiANiS, iNC. i 319 NORTH SEA ROAD SOUTHAMPTON, NY I 1 631-283-6360 EN-CONSULTANTS, INC. 1319 NORTH SEA ROAD SOUTHAMPTON, NY l 1968 631-283-6360 I~ORO.~P IN--RL,,~Z. I~LI..KI.'~AI2/~112 POCK JOCKI~Y CI~I~K, ,~Lt'IT~P, 5Li~FOI. K CO,, NY