Loading...
HomeMy WebLinkAboutTR-6617 James F. King, President Jill M. Doherty, Vice-Presiden~ Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall Annex 54375M~n Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD May 20, 2009 Mr. George L. Penny 9305 Soundview Ave. Southold, NY 11971 RE: 9305 SOUNDVIEW AVE., SOUTHOLD SCTM#59-6-21 Dear Mr. Penny: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed., May 20, 2009: RESOLVED, that the Southold Town Board of Trustees grants a One-Year Extension to Permit #6617, as issued on May 16, 2007. This is not an approval from any other agency. Sincerely, President, Board of s JFK:lms New 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 Website: www.dec.state.ny, us PERMIT MODIFICATION Alexander B. Grannis Commissioner George & Sylvia Penny 9305 Soundview Ave Southold, NY 11971 April 3, 2009 Re: Penny Property 9305 Soundview Ave, Southold Permit # 1-4738-03873/00001 Dear Permittees: Your recent request to modify the above permit has been reviewed pursuant to Uniform Procedures Regulations (6NYCRR Part 621 ). It has been determined that the proposed modifications will not substantially change the scope of the permitted actions or the existing permit conditions. Therefore, the permit is modified to authorize: Revisions of the vinyl sheathing and appurtenant bulkhead components as depicted in the bulkhead plan view site plan. All work must be done in accordance with this revised site plan prepared by flh Land Planning Services, Inc., last revised on 3/30/2009 and stamped NYSDEC approved on 4/3/2009 and the previously approved site plan prepared by rlh Land Planning Services, Inc., last revised 11/10/2008 and stamped NYSDEC approved on 12/11/2008. This letter is a modification to the original permit, and as such, shall be available at the job site whenever authorized work is in progress. All other terms and conditions remain as written in the original permit. Deputy Permit Administrator GRZ CCi rlh Land Planning Services, Inc. Marine Habitat Protection file (fold #2) NEW YORK STATE DEPARTMENT OF ENvIRoNMENTAL CONSERVATION DIVISION OF ENVIRONMENTAL PERMITS NYSDEC REGION 1 HEADQUARTERS S~JNY ~ STONY BROOKIS0 CIRCI~ RD STONY BROOK NY 11790 GEORGE PENNY 9305 SOUNDVIEW AVE SOUTHOLD, NY 11971 (fold #1) -- staple here NOTICE OF RECEIPT OF APPLICATION The Division of Environmental Permits has received the application referenced below. The material submitted is being reviewed by staff, and you will be advised in writing regarding the deparm~ent's findings. In all future communications, please refer to the Application ID number. Application ID: Date Received: Facility: Description: DEC Contact: 1-.4738-03873/00001 February 26, 2009 GEORGE PENNY PENNY PROPERTY Mod- change in blkhd components EUGENE R ZAMOJCIN New 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 Website: www.dec.state.ny, us Alexander B. Grannis Commissioner December 11, 2008 George & Sylvia Penny 9305 Sonndview Ave Southold, NY 11971 Re: Permit #1-4738-03873/00001 Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please carefully read all permit conditions and special permit conditions contained in the permit to ensure compliance during the term of the permit. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuoUSly posted at the project site and protected from the weather. Si~n~cerely' (~ ~2 " -'~" ~ '.~ Environmental Analyst GRZ Enclosure NEW YORK~I'E DEPARTMENT OF ENVIRONMENTAL COI~VATION DEC PERMIT NUMBER 1-4738-03873/00001 FACILITY/PROGRAM NUMBER(S) PERMIT Under the Environmental Conservation Law EFFECTIVE DATE 12/11/2008 EXPIRATION DATE(S) 12/1 O/2O 13 TYPE OF PERMIT · New [] Renewal [3 Modification [] Pem3it to Construct [] Permit to Operate [3 Article 15, Title 5: Protection of Waters [3 Article 15, Title 15: Water Supply [] Article 15, Title 15: Water Transport [3 Article 15, Title 15: Long Island Wells [] Article 15, Title 27: Wild, Scenic and Recreational Rivers · 6NYCRR 608: Water Quality Certifica- tion [] Article 17, Titles 7, 8: SPDES [] Article 19: Air Pollution Control [] Article 23, Title 27: Mined Land Reclamation · Article 24: Freshwater Wetlands [] Article 25: Tidal Wetlands D Article 27, Title 7; 6NYCRR 360: Solid Waste Management [] Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management [] Article 34: Coastal Erosion Management [] Article 36: Floodplain Management [] Articles 1, 3, 17, ~9, 27, 37; 6NYCRR 380: Radiation Control PERMIT ISSUED TO George & S~via Penny ADDRESS OF PERMITTEE 9305 Soundview Ave, Southold, NY 11971 TELEPHONE NUMBER CONTACT PERSON FOR PERMITTED WORK dh Land Planning Services, Inc., PO Box 551, East Madon, NY 11939-0551 NAME AND ADDRESS OF PROJECT/FACILITY Penny Property, 9305 Soundview Ave, Southold, NY 11971 SCTM# 1000-59-6-21 COUNTY I TOWN J WETLAND # Suffolk SouthoId SO-5 DESCRIPTION OF AUTHORIZED ACTIVITY: ITELEPHONE NUMBER (631)447-2814 INYTM COORDINATES E: 714.0 N: 4549.5 In-place removal and replacement of existing bulkhead and retums with vinyl sheathing and placement of backfill behind the bulkhead. All work shall be done in accordance with the attached plans prepared by dh Land Planning Services Inc., last revised on November 10, 2008 add stamped NYSDEC approved December 11, 2008. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified and any Special Conditions included as part of this )ermlt, DEPUTY PERMIT ADMINISTRATOR: ADDRESS Region 1 Headquarters Susan V.] ~ckerm~ n (GRZ) SUNY ~ Stony Brook, 50 Circle Road, Stony Brook, NY 11790 - 3409 AUTHO~i~_,'.ED SI(! ~ DATE Page 1 of 4 ) 1 2/1172008 NEW YOSTATE DEPARTMENT OF ENVIRONMENTAL~ SPECIAL CONDITIONS l. The limits of clearing, grading and ground disturbance line is equal to one foot seaward of the existing bulkhead, as shown on the approved plans. 2. Any demolition debris, including excess construction materials and or excess excavated materials, shall be disposed of on an approved upland site more than 100 feet from any regulated freshwater wetland by the close of business on the day such material was generated. 3. Heavy equipment, including bulldozers, backhoes, payloaders, etc., shall not be operated in the wetland. 4. All fill shall consist of clean soil, sand and gravel that is free of the following substances: asphalt, slag, flyash, broken concrete, demolition debris, garbage, household refuse, tires, woody materials including tree or landscape debris, and metal objects. 5. All equipment and machinery shall be stored and safely contained greater than 100 feet landward of the regulated wetland or waterbody at the end of each work day. This will serve to avoid the inadvertent leakage of deleterious substances into the regulated area. Fuel or other chemical storage tanks shall be contained and located greater than 100 feet landward of the regulated wetland or waterbody at all times. times. If this requirement cannot be met by the permittee, then the storage areas must be designed to completely contain any and all potential leakage. Such a containment system must be approved by NYSDEC staff prior to placement of equipment, machinery or tank storage within 100 feet of the regulated wetland or waterbody. 6. All areas of soil disturbance resulting from this project shall be seeded with an appropriate perennial grass and mulched with straw immediately upon completion of the project, within two (2) days of final grading, or by the expiration date of this permit, whichever is first. Mulch shall be maintained until a suitable vegetative cover is established. If seeding is impractical due to the season, a temporary mulch shall be applied and final .seeding shall be performed as soon as weather conditions favor germination and growth. 7. Suitable vegetative cover is defined as a minimum of 85% area vegetatively covered and no unvegetated areas larger than one (1) square foot in size. 8. A silt screen weighed across the bottom and suspended above the water shall be positioned along the LCGD line as described above. The screen shall be maintained, repaired and replaced as often as necessary to ensure proper function, until all disturbed areas are permanently vegetated. Sediments trapped by the screen shall be removed to an approved location before the screen is removed. 9. No turbidity is permitted outside of the LCGD line. 10. All fill must be graded to match the elevation of the land immediately adjacent to the bulkhead. 11. The new bulkhead shall be constructed in place of the existing bulkhead with no seaward extension of the outermost bulkhead face. 12. The permittee shall incorporate the attached Covenant (or similar language) to the deed for the property where the project will be conducted and file it with the Clerk of Suffolk County within 30 days of the effective date of this permit. This deed covenant shall run with the land into perpetuity. A copy of the covenanted deed or other acceptable proof of record, along with the number assigned to this permit, shall be submitted within 90 days of the effective date of this permit to: NYSDEC, Bureau of Habitat Regional Manager, SUNY ~ Stony Brook, 50 Cimle Road, Stony Brook, NY 11790-3409. DEC PERMIT NUMBER Page 2 of 4 1-4738~)3873/00001 NEW O STATE DEPARTMENT OF ENVIRONMENTAL CONSER~ON NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permlttee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attdbutable to the permittee's acts or omissions in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and adsing under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permlttee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractom, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permlttee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and dghts-of-way that may be raquirad to carry out the activities that ars authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any dght to trespass upon the lands or interfere with the dpadan rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a pemon not a party to the permit. GENERAL CONDITIONS General Condition 1: Facility Inspection bythe Department ' The permitted site or facility, including rslevant rscords, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying w~th this permit and the ECL. Such reprasentative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3). The permittee shall provide a pemon to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this.permit. General Condition 2: Relationship of this Permit to Other Department Ordera and Determlnattons Unless expressly 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 determination. General Condition 3: Applications for Permit Renewals or Modifications The permittee must submit a separate written application to the Department for renewal, modification or transfer of this permit. Such applicetion must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. The permittee must submit a renewal application at least: a) 180 days pefom expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste Management Facilities (SWMF); b) 30 days before expiration of all other permit types. Submission of appiicetions for permit renewal or modification are to be submitted to: Regional Permit Administrator, SUNY @ Stony Brook, 50 Cimle Road, Stony Brook, NY 11790 - 3409 General Condition 4: Permit Modifications, Suspensi6ns and Revocations by the Department The Department rsserves the dght to modify, suspend or revoke this permit in accordance with 6 NYCRR Part 621. The grounds for modification, suspension or revocation include: a) materially felse or inaccurate statements in the permit application or supporting papem; b) failure by the permittee to comply with any terms or conditions of the permit; c) exceeding the scope of the project as described in the permit application; d) newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; . e) noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. DEC PERMIT NUMBER I Page 3 of 4 1-4738-03873/00001 I ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (TITLE 5), 24, 25, 34 AND 6NYCRR PART 608 (FRESHWATER WETLANDS) · 1. If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 2. The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized' which may be caused by or result from future operations undertaken by the State for the conservation er improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such 'damage. 3. AIl necessary precautions shall be taken to preclude contamination of anywetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. 4. Any material dredged in the conduct of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across or along the bed of a waterway or floodplain, deposits within any regulatory floodway, or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. 5. There shall be no unreasonable inter[erence with navigation by the work herein authorized. If upon the expiration or revocation of this permit, the project hereby authorized has not been COmpleted, the 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, the 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 the 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 permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work and, if required, a survey. 9. All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Such approved plans were prepared by rlh Land Planning Services Inc., last revised November 10, 2008 and stamped NYSDEC approved on December 11,2008. I DEC PERMIT NUMBER I Page 4 of 4 1-4738-03873/00001 I 95-20-1 (11/03) -gal New York State Department of Environmental Conservation NOTICE The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law for work being conducted at this site. For further information regarding the nature and extent of the approved work and any Department conditions applied to the approval, contact the Regional Permit Administrator listed below. Please refer tothe permit number shown when contacting the DEC. Permit Number Expiration Date Regional Permit AdministratOr ROGER EVANS NOTE: This notice is NOT a permit , R~ETURN THIS FORM TO: PERMIT NUMBER: PROJECT LOCATION/ADDRESS: CONTRACTOR NAME: ~T~E OF COMMENCE~ COMPLIAN'~I~ OR FAX TO: 631-44~)272 Bureau of Habitat NYSDEC Building 40 - SUNY Stony Brook, NY 11790-2356 ISSUED TO: ADDRESS: TELEPHONE: Dear Sir: Pursuant to General Condition # 9 of the referenced permit, you are hereby notified that the authorized activity shall commence on · We certifij that we have read the referenced permit and approved plans and fully understand the authorized project and all permit conditions. We have inspected the project site and can complete the project as described in the permit and as depicted on the approved plans. We can do so in full compliance with all plan notes and permit conditions. The permit sign, permit and approved plans will be available at the site for inspection in accordance with general Condition No. 1. (Both signatures required) PERMITEE DATE CONTRACTOR DATE THIS NOTICE MUST BE SENT TO THE ABOVE ADDRESS A T LEAST 'I3/VO DAYS PRIOR TO COMMENCEMENT OF THE PROJECT AND /OR ANY ASSOCIA TED REGULA TED ACTIVITIES. FAILURE TO RETURN THIS NOTICE, POST THE PERMIT SIGN, OR HA VE THE PERMIT AND APPROVED PLANS AVAILABLE A T THE WORK SITE FOR THE DURA T/ON OF THE PROJECT MA Y SUBJECT THE PERMITTEE AND/OR CONTRACTOR TO APPLICABLE SANCTIONS AND PENALTIES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS. NOTICE OF COMPLETION OF CONSTRUCTION RETURN THIS FORM TO: PERMIT NUMBER: PROJECT LOCATION/ADDRESS: COMPLIANCE Bureau of Habitat NYSDEC Building 40 - SUNY Stony Brook, NY 11790-2356 OR FAX TO: 631-444-0272 ISSUED TO: CONTRACTOR NAME: ADDRESS: TELEPHONE: Dear Sir: Pursuant to General Condition # 9 of the referenced permit, you are hereby notified that the authorized activity was completed on · We have fully complied with the terms and conditions of the permit and approved plans. (Both signatures required) PERMITEE DATE CONTRACTOR DATE THIS NOTICE, WITH PHOTOGRAPH& OF THE COi~FLETED ~K Ai~iD/OR A COMPLETED SURVEY, AS APPROPRIATE, MUST BE SENT TO THE ABOVE ADDRESS WITHIN 30 DAYS OF COMPLETION OF THE PROJECT. RETURN THIS FORM TO: COMPLIA~ Bureau of Habitat NYSDEC Building 40 - SUNY Stony Brook, NY 11790-2356 OR FAX TO: 631-44~'-0272 PERMIT NUMBER: PROJECT LOCATION/ADDRESS: ISSUED TO: · CONTRACTOR NAME: ADDRESS: TELEPHONE: Dear Sir: Pursuant to General Condition # 9 Of the referenced permit, you are hereby notified that the authorized activity shall commence on · We certify that we have read the referenced permit and approved plans and fully understand the authorized project and all permit conditions. We have inspected the project site and can complete the project as described in the permit and as depicted on the approved plans· We can do so in full compliance with all plan notes and permit conditions. The permit sign, permit and approved plans will be available at the site for inspection in accordance with general Condition No. 1. (Both signatures required) PERMITEE DATE CONTRACTOR DATE THIS NOTICE MUST BE SENT TO THE ABOVE ADDRESS AT LEAST TWO DA YS PRIOR TO COMMENCEMENT OF THE PROJECT AND /OR ANY ASSOCIATED REGULATED ACTIVITIES. FAILURE TO RETURN THIS NOTICE, POST THE PERMIT SIGN, OR HAVE THE PERMITAND APPROVED PLANS AVAILABLE AT THE WORK SITE FOR THE DURA TION OF THE PROJECT MA ¥ SUBJECT THE PERMll it:E AND/OR CONTRACTOR TO APPLICABLE SANCTIONS AND PENALTIES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS. ~ .u.t...a.I O..n.g ..t..h.i.s...l!,n...e., ..~. .......................... .~. ............................ ,~.. ........................... ..~. ............................ ~ ........................... ,.~.. ........................... ~.. ........................ NOTICE OF COMPLETION OF CONSTRUCTION RETURN THIS FORM TO: PERMIT NUMBER; PROJECT LOCATION/ADDRESS: COMPLIANCE Bureau of Habitat NYSDEC Building 40 - SUNY Stony Brook, NY 11790-2356 OR FAX TO: 631-444-0272 ISSUED TO: CONTRACTOR NAME: ADDRESS: TELEPHONE: Dear Sir: 'Pursuant to General Condition # 9 of the referenced permit, you are hereby notified that the authorized activity was completed on · We have fully complied with the terms and conditions of the permit and approved plans. (Both signatures required) PERMITEE DATE CONTRACTOR DATE THIS NOTICE, WI~'H PHOTOG~AF-H& OF THE GOi,,4P~.E~ l=b i4,~RK ANDiO~ A COMPLETED SURVEY, AS APPROPRIATE, MUST BE SENT TO THE ABOVE ADDRESS WITHIN 30 DA YS OF COMPLETION OF THE PROJECT. James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1st day of construction ¼ constructed I//~Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6617 DATE: MAY 16~ 2007 ISSUED TO: GEORGE L. & SYLVIA A. PENNY PROPERTY ADDRESS: 9305 SOUNDVIEW AVENUE~ SOUTHOLD SCTM# 59-6-21 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 May 16, 2007, and in consideration of application fee in the sum of $250.00 paid by George L. & Sylvia A. Penny and subject to the Terms and Conditions as ~tated in the Resolution, the Southold Town Board of Trustees authorizes and permits the fol[owifig: Wetland Permdt to repair and replace in-like and in-kind the existing bulkhead, with the conditions that a silt curtain is set in place to contain localize, d turbidity during construction, the use of vinyl materials on the bulkhead, the bulkhead is raised 12" to accommodate a 10' non-turf buffer along the landward side of the bulkhead, trim the phragmites and replant with native freshwater wetland species, and as depicted on the site plan prepared by rlh Land Planning Services, Inc., last dated March 30, 2009, and received on April 20, 2009. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. TERMS AND CONDITIONS 10. The Pemaittee George L. & Sylvia A. Penny, residing at 9305 Soundview Avenue, 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 fi.om any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittec will, at his or her own expense, defend any and ail 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 thc Yown 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 0fthe 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 0fthe work herein authoriZed. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. The Permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Department of Real Properties Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within~ninety (90) calendar days of issuance of this permit. That the said Board will be notified by the Permittec of the completion of the work authorized. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hail Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 May 16, 2007 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Ronnie Hill rlh Land Planning Services, Inc. P.O. Box 551 East Marion, NY 11939 RE: GEORGE L. & SYLVIA A. PENNY 9305 SOUNDVIEW AVENUE, SOUTHOLD SCTM# 59-6-21 Dear Mr. Hill: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, May 16, 2007 regarding the above matter: WHEREAS, rlh Land Planning Services, Inc. on behalf of GEORGE L. & SYLVIA A. PENNY 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 April 25, 2007, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and tothe Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Headng was held by the Town Trustees with respect to said application on May 16, 2007, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in 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 have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of GEORGE L. & SYLVIA A. PENNY to repair and replace in-like and in-kind the existing bulkhead, with the conditions that a silt curtain is set in place to contain localized turbidity during construction, the use of vinyl materials on the bulkhead, the bulkhead is raised 12" to accommodate a 10' non-turf buffer along the landward side of the bulkhead, tdm the phragmites and replant with native freshwater wetland species, and as depicted on the site plan prepared by dh Land Planning Services, Inc., last dated March 30, 2009, and received on April 20, 2009. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $50.00 Very truly yours, James F. King President, Board of Trustees JFK/eac James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: ¢ d ,J 3 Please be advised that your application dated pr,'l reviewed by this Board at the regular meeting of following action was taken: has been and the (~) Application Approved (see below) ( ) Application Denied (see below) ( )Application Tabled (see below) If your application is approved as noted above, a permit fee is now due. Make check or money order payable to the Southold Town Trustees. The fee is computed below according to the schedule of rates as set forth in Chapter 97 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE: BY: James F. King, President Board of Trustees James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. ~ Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone-(631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Southold Town Board of Trustees Field Inspection/Work session Report Date/Time: ~q o. vl q ~--0~ '1 r h Land P anhing Services, Inc. on behalf of GEORGE L. & SYLVIA A. PENNY requests a Wetland Permit to repair and replace in-like and in-kind the existing bulkhead. Located: 9305 Soundview Ave., Southold. SCTM#59- 6-21 Type of area to be impacted: Saltwater Wetland~,'/l:Freshwater Wetland Sound Bay Distance of proposed work to edge of above: ch Of Town Code proposed work falls under: apt.275 Chapt. 111 other Type of Application: V/Wetland __Coastal Erosion __Amendment __Administrative __Emergency Pre-Submission Violation Info needed: Conditions: / K '~'Dhert PD,ckerson ~/DBergen ~B Pr~ntWere:VJ. lng J. o y . ' . __ .Ghosio, Jr H. Cusac~- D. Dz~-nkowski --Mark Terry~other Mailed/Faxed to: Date: Environmental Technician Telephone (631) 765-1892 Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 CONSERVATION ADVISORY COUNCIL TOWN OF SOUTHOLD At the meeting of the Southold Town Conservation Advisory Council held Wed., May 9 2007, the following recommendation was made: Moved by Peter Young, seconded by James Eckert, it was RESOLVED to SUPPORT the Wetland Permit application of GEORGE L. & SYLVIA A. PENNY to repair and replace in-like and in-kind the existing bulkhead. Located: 9305 Soundview Ave., Southold. SCTM#59-6-21 The CAC Supports the application with the Condition vinyl sheathing is used, a non-turf buffer is installed landward of the bulkhead, and there is no further encroachment of the bulkhead. Vote of Council: Ayes: All Motion Carried Land Planning Services March 31, 2009 Southold Town Board of Trustees Southold Town Hall Annex PO Box 1179 Southold, New York 11971 Golf View Court · PO Box 551 · East Marion, NY 11939-0551 Tel: 631.477.2814 · Fax: 631.477.2816 Email: rlhLPSinc~optonline.net · Website: vvwvv, rlhLPSinc.com re: George and Sylvia Penny 9305 Soundview Avenue Southold, New York SC'TM #: 1000-59-06-21 Dear Members of the Board: With regard to the above mentioned property, enclosed please find a check in the amount of $50,00 for the inspection fee, Should you have any questions, please do not hesitate to call this office. Thank you, g Services, Inc. OFFICE LOCATION: Town Hail Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner ~fi0~ LWRP Coordinator Date: Re: May 3, 2007 Request for Wetland Permit for George L. & Sylvia A. Penny SCTM#59-6-21 GEORGE L. & SYLVIA A. PENNY request a Wetland Permit to repair and replace in-like and in-kind the existing bulkhead. Located: 9305 Soundview Ave., Southold. SCTM#59-6-21 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. The action is located in Great Pond, which does not have tidal flushing. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is generally CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided that the following Best Management Practices are applied to meet Policies 1, 5 and 6: 1. Require that no CCA- treated lumber is used in the construction of the timber bulkhead. 2. Establish a non-turf buffer at thc maximum width practical landward of the new bulkhead. 3. Deploy a silt curtain, to be set in place to contain localized turbidity during construction, pursuant to 275-11 (2). 4. Restore shoreline after construction by trimming the invasive species Phragmites australis and planting native freshwater wetland species; Broad-leafed Cattail (Typha latifolia) or Bayonnet rush (Juncus militaris) 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 (cot. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM~ ~ To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner Cf,'~ LWRP Coordinator Date: May 3, 2007 , MA';' - Re: Request for Wetland Permit for George L. & Sylvia A. Penny SCTM#59-6-21 GEORGE L. & SYLVIA A. PENNY request a Wetland Permit to repair and replace in-like and in-kind the existing bulkhead. Located: 9305 Soundview Ave., Southold. SCTM#59-6-21 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. The action is located in Great Pond, which does not have tidal flushing. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is generally CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. It is recommended to further Policies 1, 5 and 6 that the following Best Management Practices are applied: 1. No CCA- treated lumber is used in the construction of the timber bulkhead. 2. A non-turf buffer at the maximum width practical is established landward of the new bulkhead. 3. A silt curtain is set in place to contain localized turbidity during construction, pursuant to 275-11 (2). 4. Restore shoreline after construction by trimming the invasive species Phragmites australis and planting native freshwater wetland species; Broad-leafed Cattail (Typha latifolia) or Bayonnet rush (Juncus militaris) 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 Use Only __Coastal Erosion Permit Application ~Wetland Permit Application __ Amendmentrl'ransfer/Extension --'"'R'~eco-~-ved Application: ~[~.~-'~0~ --~l~eeeived Fee:$ ~_~3"- _~C-~mplated Application __Incomplete __SEQRA Classification: Type 1 ~'pe II Unlisted Coordination:(date sent) ~C Referral Sent: q~ _.~.Date of Inspection: __Receipt of CAC Report: __Lead Agency Determination: __Technical Review: ~--"l~blic Hearing Held: __Resolution: Administrative Permit S0uth01fl 10~n Board of TrusteEs Name of Applicant George L. & Sylvia A. Penny Address 9305 Soundview Avenue; Southold, New York Phone Number:( ) 631.765. Suffolk County Tax Map Number: I000 - 59-06-21 Property Location: 9305 Soundview Avanue, west side of Soundview Avenua, Southwest of Kenny's Road; on the eastern bank of Great Pond, in Southold, New York. (provide LILCO Pole #, distance to cross streets, and location) AGENT: rib Land Plannin9 Services, Inc. (If applicable) Address: Golf View Court, PO Box 551; East Marion, New York 11939-0551 Phone: 631.477.2814 Board of Trustees Application GENERAL DATA La~d Area (in square feet): 77,536.8 Area Zoning: R-40 Zoning District (Residential Low Density (One Acre)) Previous use of property: Residential Intended usc of property: Residential Prior permits/approvals for site improvements: Agency Date New York State DEC September 18, 1978 ['----]No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or sus e~d by a~ernmental agency? I¢ I Nol lYes If yes, provide explanation: Application was made to the NYSDEC in 1978, to construct one-hundred feet (100') of timber bulkhead two feet (2') in front of existing failing bulkhead on the eastern bank of Great Pond in Southold. Project Description (use attachments if necessary): The nature of the proposed project is to repair and replace in-like and in-kind the existing bulkhead. Board of Trustees Application The nature of the proposed project is to repair and replace in-like and in-kind the existing bulkhead. The property is currently improved. The proposed project will not alter the existing physical characteristics of the site, because no clearing and grading is required to repair and replace the bulkhead as proposed. There will be no adverse impacts as a result of these physical changes to the site. The project as proposed is consistent with the surrounding community, and in all other respects is consistent with the Town of Southold Zoning Regulations. Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: The purpose of the proposed operations is to repair and replace in-like and in- kind the bulkhead. Area of wetlands on lot: n/a .square feet Percent coverage of lot: n/a % Closest distance between nearest existing structure and upland edge of wetlands: < 50 feet Closest distance between nearest proposed structure and upland edge of wetlands: n/a feet Does the project involve excavation or filling? If yes, how much material will be excavated? How much material will be filled? Depth of which material will be removed or deposited: Proposed slope throughout the area of operations: Manner in which material will be removed or deposited: cubic yards cubic yards feet Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): Board of Trustees Application COASTAL EROSION APPLICATION DATA Purposes o£ proposed activity: See next page. Are wetlands present within 1 O0 feet of the proposed activity? ~ NO [---v7-] Yes Does the project involve excavation or filling? [~ No_.[~ Yes If Yes, how much material will be excavated? (cubic yards) How much material will be filled? (cubic yards) Manner in which material will be removed or deposited: Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments ifnecessa~) See next sheet (paRe) Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART [ - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. APPLICANT/SPONSOR 12. PROJECT NAME rlh Land Planning Services, Inc. ! Penny 3. PROJECT LOCATION: Municipality TOWn of Southold County Suffolk 4. PRECISE LOCATION (S~et address and road Intemections, prominent landmarks, etc., or provtcle map) 9305 Soundview Avenue, west side of Soundview Avenue, Southwest of Kenny's Road; on the eastern bank of Great Pond, in $outhold, New York. 5. PROPOSED ACTION IS: ~"~ ModlScation/alte ratio n 6, DESCRIBE PROJECT BRIEFLY: The nature of the proposed projec~ is to repair and replace in-like and in-kind the existing bulkhead. 7. AMOUNT OF LAND AFFECTED: Initially 1.7i~ acres Ultimately 1.78 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No if No, describe briefly 9, WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? Descri~]e:Residential [] [ndus~al [] Commercial [] Agriculture [] Park/Forest/Open Spe~e R-40 Zoning District (Residential Low Density (One Acre)) [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY PROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] Ne tf Yes, list agency(s) name and permP./approvais: New York State DEC. 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMtT/APPROVAL REQUIRE MODIFICATION? [] Yes NO [g ~ OF MY KNOWLEDGE if the action i.s in oastal Ama,.and you are a state agency, complete the Coastal Aueeement Form before with t~ie aeeeeement OVER PART II - IMPACT ASSESSMENT (To be completed by Lead A~ency) A. DOES ACTION EXCEED ANY TYPE; THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. J']Yes r-]No B. WiLL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negatNe deciamtion may be superseded by another involved agency. [~Yes DNo C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WiTH THE FOLLOWiNG: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattem, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's e)dsting plans or 9cais as officially adopted, or a change in use or intensity of use of land or other natursl resources? Explain briefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. Long term, short term, cumulative, or other effects not identified in C1-C57 Explain briefly: C7. Other impacts (including changes in use of either quantity or type of energy)? Explain bdefly: D. WiLL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? ~'~ Yes N No If Yes, briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: F~reachadverseeffectidenti~edab~ve~determinewhetheritiss~bstantia~arge~mp~rtant~r~therwisesigni~cant~ Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessa~, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Check this box if you have identified one or more potentially large or significant adverse impacts w~ich MAy occur. Then proceed directly to the FULl EAF and/or prepare a positive declaration. [] Check this box if you have determinod, based on the informafion and analysis above and any supporting documentation, that the proposed action WILl NOT result in any significant adverse environmental impacts AND provide, on attachments as necassary, the reasons suppo~ng this determinatior 25Apr07 Name of Lead Agency Date Pdnt or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsit)le Officer in Lead Agency Signature of Preparer (if different from responsible officer) Board of Trustees Application County of Suffolk State of New York Ronnie Hill for rlh Land Planning Services, Inc, BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/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,~EVIEW OF 2~HIS APPLICATION. , SWORN TO BEFORE ME THIS J~ DAY OF /}?r-//_. ,20 0 7 Notary Public Board of Trustees Application AUTHORIZATION (where the applicant is not the owner) I, See Attachment (print owner of property) residing at (mailing address) do hereby authorize (Agent) to apply for permit(s) from the Southold Board of Town Trustees on my behalf. (Owner's signature) Land Planning Services 8595ACox Lane · Unit#7 . Cutchogue, NY 11935-1124 Tel: 631.734.4-036 . Fax: 631.734.4030 Email: rlhLPS~optonline.net . Website: wvwv.rlhLPS.com Authorization Form Date: re: Site Development of TM #: 1000-59-06-21 Greenport, New York ]~, George Penny, owner of the Southold, New York; do hereby ~, to act as agent in necessary approvals referenced property. property situate 9305 Soundview Ave authorize rlh Land Plannina Servic~ my behalf in applying for all of the regarding the site development of the above Land Planning Services Golf View Court · PO Box 551 · East Marion, NY I 1939-0551 Tel: 631.477.2814 - Fax: 631.477.2816 Email: rlhLPSinc~optonline.net · V(/ebsite: www. rlhLPSinc.com April 25~ 2007 Southold Town Board of Trustees Southold Town Hall Annex PO Box :1179 Southold, New York 1197:[ re: Trustees Approval for Penny 9305 Soundview Avenue Southold, New York SCTM #: 1000-59-06-21 Dear Members of the Board: With regard to the above referenced project, attached please find the following: 1. Three (3) Copies of the Trustee Application for this project; 2. Three (3) Surveys, prepared by Van Tuyl & Son Surveying, dated 14Feb72; 3. Aerial of the Site Area, prepared by rlh Land Planning Services, Inc., dated 25Feb07; 4. On-Site Photos of Bulkhead Area, prepared by rlh Land Planning Services, Inc., dated 28Feb07; 5. Three (3) copies of a Short Environmental Assessment Form, dated 25Apr07; 6. A check in the amount of $250.00 for the application fee; 7. An Authorization Form, dated 19Feb07. [f for any reason, additional information is required to process this application in a timely manner, please contact me as soon as possible. , , , · fOr rlh Land PlJ~ning S~rvices, Inc. Attach ments cc: George L. & Sylvia A. Penny File Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form 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", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office~ ~e pl~:Deparhnent, all local libraries and the Town Clerk' s office. B. DESCRIPTION OF SITE AND PROPOSED ACTION ~ i''~,;_ ~ ~ L~ SCTi~59 -06 -21 '~i I t,, ~ · The Application has been submitted to (check appropriate respond): Town oa a 1-] P n.in D pt. [] uildi. Dep . [] 'i ;; do Trns [] 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) Co) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: '/'he nature of the proposed project is to repair and replace in-like and in-kind the existing bulkhead. Location of action: 9305 Soundview Avenue, west side of Soundview Avenue, Southwest of Kenny's Road;on the eastern bank of Great Pond, in Southold New York. Site acreage:. 1.78 of an acres (77,536.8 square feet) Present la~d use: Residential Present zoning classification: R-40 Zoning District (Residential Low Density (One Acre)) 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: rlh Land Planning Services, Inc. for George & Sylvia Penny (b) Ma'ding address: PO Box 551; East Marion, New York 11939-0551 (c) Telephone number: Area Code (). 631.477.2814 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No r~ if yes, which state or federal agency? 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 IH - Policies; Page 2 for evaluation criteria. [] Yes [] No [] Not Applicable Community Character is strengthened and maintained as a result of the proposed project. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section IH - Policies Pages 3 through 6 for evaluation criteria Yes [] No [] Not Applicable To date no indication of historic and archaeological resources have been identified. No significant adverse impact. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. Sec LWRP Section IH - Policies Pages 6 through 7 for evaluation criteria N Yes ~ No [] Not Applicable No significant adverse impact. Visual esthetics and scenic views are maintained as result of the proposed project. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. Sec LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [] Yes [] No [] Not Applicable Community Character is strengthened and maintained as a result of the proposed project. No significant adverse impact, Attach additional sheets if necessary Policy 5. Protect and improve water qnallty and supply in the Town of Southold. Sec LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [-'] Yes [~ No N Not Applicable Water quality and supply is maintained with no siqnificant adverse impact as a result of the proposed project. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section Ill - Policies; Pages 22 through 32 for evaluation criteria. Yes [] No~] Not Applicable No significant impact, given the property is not located adjacent to any ecosystem. 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. [] Yes [] No[~ Not Applicable Air quality is maintained with no significant adverse impact as a result of the proposed project. Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] Yes [] No [] Not Applicable No solid waste~ hazardous substances or waste of any kind are likely to be used. No siqnificant adverse impact as a result of the proposed project. PUBLIC COAST POLICH~S 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 HI - Policies; Pages 38 through 46 for evaluation criteria. [] Ye~ No [] Not Applicable There is no significant adverse impact, given that the property is not adjacent to a coastal waters, public lands or public resources. At~ach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section IH - Policies; Pages 47 through 56 for evaluation criteria. ~'~ Yes ~-~ No ~ Not Applicable There is no sianificant adverse impact, oiven that the property is not adiacent to a coastal waters, public lands or public resources. Attach additional sheets if neeessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes [] No [] Not Applicable There is no significant adverse impact, given that the property is not adjacent to coastal waters, public lands or public resources. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] No [] Not Applicable There is no significant adverse impact, given that the property is not adjacent to or located within an Agricultural area. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. Sec LWRP Section IH - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [] No [] Not Applicable There is no significant adverse impact. Created on 5/25/05 11.'20 AM 175 '~ PARTIAL SITE PLAN WITH CROSS SECTION DETAILS LIMIT OF CLEARING, GRADING AND GROUND DISTURBANCE LINE 100' OF EXISTING BULKHEAD TO BE REPLACED IN KIND (SEE DETAIL A EXCAVATE TO THE EXTENT NECESSARY TO RECONSTRUCT IN -PLACE BULKHEAD, SECURE AND BACK FILL WITH SAME THE LIMITS OF BACKFILL SHALL NOT EXCEED THE EXTENT OF THE NON TURF BUFFER LEGEND ~ 10' NON TURF BUFFER NOTE: THE NON TURF BUFFER CONSIST OF INDIGENOUS PLANTS, GRAVEL AND OTHER PERVIOUS MATERIALS. \ \ 10' NON TURF BUFFER 6"x6" CCA WHALER 3/4" x 12' TIE ROD 6' O.C. 6"x6" CCA WHALER '~~_10' VINYL TYPE I ~ SHOREGUARD OR 2.~ EQUIVALENT ~-8" CCA O PILE SECTION A-A' NOT TO SCALE EXCAVATE AND RE-USE AS FILL 6"x6" CCA HORIZONTAL DEADMAN 8"0 X 8' BACKING PILE PARTIAL SITE PLAN SCALE: 1" = 100' --"-' .............. ! LIMIT OF CLEARING, GRADING AND i GROUND DISTURBANCE LINE~ -.._ 10' VINYL TYPE SHOREGUARD OR~ EQU IVALENT~ / c 10' NON TURF BUFFER 3/4" 86.55' 8" x25' PILE~ 6" x 6" CCA WHALES BULKHEAD PLAN VIEW SCALE: 1" = 40' NYSDEC APIqlOVED AS PER 1~l~6 N~ID CONIY4'IONS OF APPROVED 'BY , gOARD OF TRUSTEES ';OWN OF SOUTHOLD George & Sylvia Penny 9305 Soundview Ave. Southold, NY SCTM #: 1000-59-6-21 Site Plan: On-Site Photos D,~E NITIAL COMMENTS Pv~AGES FOR SCTM: 1000-59-6-21, PHOTOS TAKEN GEORGE PENNY 9305 SOUNDVlEW AVENUE SOUTHOLD, NY SCTM #: 1000-59-6-21 Approved By: dh By: rlhLPSinc, Date: 2/28/07 Scale: Figure No: rlhLPS dhLPS RM NA Site Area for SCTM# 1000 59 6 21 Basemaps: 2004 odho imagery. Parcel Boundary from "Subscriber Map Album 2006, 'Town of Sou~hold 1000' Scanned & georeferenced in US State Plane NAD 27 Parcel locations are approximate and are not to be used as or in place of a certified sur~;ey. Zoning data from Southold Town 2004 Zoning Map USGS Quad FF59 (not visible) add existing bulkhead text 3/11/07 ~NS INITIAL COMMENTS GEORGE PENNY 9305 SOU NDVI EW AVE, SOUTHOLD, NY SCTM #: 1000-59-6~21 Land Planning Services 8595A Cox/.3ne Unit #7 Cutchogue, NY I 1935-! 124 Ie1:631 7344036 Fax: 631.734 40:~0 Email: riisLPS@optoniine net V/ebsite: www.rlhLPS,corn affect: sitearea_1000_59_6_21 -§y: dhLPSinc, ApproYed By: rih 2/25/07 Figure No: dh-000 )ate: ~cate: rlhl 1"=30'