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HomeMy WebLinkAboutTR-7173Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 0522C Date: February 2, 2010 THIS CERTIFIES that the installation of six Helical Screw Anchors into the existing bulkheading, backfill and grade area accordingly At 420 Lakeview Terrace, East .Marion, New York Suffolk County Tax Map # 31-9-11 Conforms to the applications for a Trustees Permit heretofore filed in this office Dated 8/5/09 pursuant to which Trustees Wetland Permit # 7173 Dated 9/23/09 was issued and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for the installation of six Helical Screw Anchors into the existing bulkheading, backfill and grade area accordingly The certificate is issued to MICHAEL KEN1N owner of the aforesaid property. ~/ ~.uthorize~gnatu~ Jill M. Doherty, President James F. King, Vice-Presid~nt Dave Bergen Bob Ghosio, Jr. John Bredemeyes Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DATE OF INSPECTION: Ch. 275 Ch, 111 INSPECTION SCHEDULE COMMENTS: Pre-construction, hay bale line/silt boom/silt curtain 1st day of construction ~ constructed v'~ Project complete, compliance inspection. INSPECTED BY: ~ (~ ' CERTIFICATE OF COMPLIANCE: JRN-BS-BOIO(THU) 13:0~ Rssociates, Inc, (FRX)~88 5161 P. O01/O01 DATE: TO: COMPANY: FROM: January 28, 2010 Town Trustees Town of Southold Janet Diomede Contractors & Engineers Since 1968 FAX COVER LETTER FAX #: RE: 56 South Country Road P.O. Box 1229 Westhampton Beach, NewYork 11978 Phone: 631-288-5100 fax: 631-288-5161 www. oa-lnc,net E-Mall: Infol~ca-in~.net ~~.. I!: ltl, ~'~ ~,'~- ........... I;~' ,I 631-765-6641 Notice of Completion Kenin Permit #7173 TOTAL NUMBER OF PAGES INCLUDING COVER SHEET: 1 (IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL (631)268-5100) COMMENTS: Plee_~e, be advised that work was completed 0n this project today,. January 28th. Thank you, Janet New England Division; 123 Wast 8bore Road · Westport Island, Maine 04578 · phone: 207-882-5400 fax: 207-882-9308 James F. FAng, President Jill M. Doherty, Vice-President Peggy ~ Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1st day of construction ¼ constructed Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7173 DATE: SEPTEMBER 23, 2009 ISSUED TO: MICHAEL KENIN PROPERTY ADDRESS: 420 LAKEVIEW TERRACE, EAST MARION SCTM#31-9-11 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 Sentember 23, 2009 in consideration of application fee in the sum of $250.00 oaid by Michael Kenin and sub to the Terms and Conditions as Stated in the Resolution, the Southold Town Board 0f Trustees authorizes and permits the following: Wetland Permit to install six (6) Helical Screw Anchors within of the existing timber bulkhead. Excavate an area along the landward s~de of the t~mber bulkhead measuring 6.0' in width in order to properly route the ~rew 'anchors into the landward grade. Upon installation of screw anchors, backf'dl area with excavated soils and grade accordingly, and as depicted on the.site plan prepared by Suffolk Environmental Consulting, Inc. dated July 31, 2009 and survey prepared by John C. Ehlers last dated December 17, 2007. IN WITNESS WHEREOF, the said Board of Trustees hereby cause~ its Co~oorate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. TERMS AND CONDITIONS The Permittee, Michael Kenin, residing at 420 Lakeview Terrace, East Marion, NY, as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third pa~ties, 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 'auth6ri~edl 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 Permittec will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. That the. s~id Board will be notified by the Permittee of the completion of the work authorized. - That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town HallAnnex 54375M~nRoad P.O. Box 1179 Southold, New York 11971-0959 Telephone(631) 765-1892 Fax(631) 765-6641 September 23, 2009 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Bruce Anderson Suffolk Environmental Consulting Services, Inc. P.O. Box 2003 Bridgehampton, NY 11932 RE: MICHAEL KENIN 420 LAKEVlEW TERRACE, EAST MARION SCTM#31-9-11 Dear Mr. Kenin: The Board of Town Trustees took the following action dudng its regular meeting held on Wed., September 23, 2009 regarding the above matter: WHEREAS, Suffolk Environmental Consulting Services, Inc. on behalf of MICHAEL KENIN applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance, application dated August 5, 2009, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on September 23, 2009, 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, and~ 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, and, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees has found the application to be Consistent with the Local Waterfront Revitalization Program, and, BE IT FUTHER RESOLVED, that the Board of Trustees APPROVES the application of MICHAEL KENIN to install six (6) Helical Screw Anchors within the central section of the existing timber bulkhead. Excavate an area along the landward side of the timber bulkhead measuring 6.0' in width in order to propedy route the screw anchors into the landward grade. Upon installation of screw anchors, backfill area with excavated soils and grade accordingly, and as depicted on the site plan prepared by Suffolk Environmental Consulting, Inc. dated July 31, 2009 and survey prepared by John C. Ehlers last dated December 17, 2007. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $50.00 Very trulyyours, Jam~ --. King, Pre Board of Trustees JFK/Ims James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1692 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Please be advised that your application dated o~[ ~-/O ~ has been reviewed by this Board at the regular meeting of c/-/'~-T~ and your application has been approved pending the completion of the following items checked off below. __ Revised Plans for proposed project __ Pre-Construction Hay Bale Line Inspection Fee ($50.00) __ 1st Day of Construction ($50.00) __ ¼ 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 James Eckert, Chainnan Lauren Standish. Secretary Town Hall, 53095 Main Rtl. 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., September 16, 2009, the following recommendation was made: Moved by Jack McGreevy, seconded by Doug Hardy, it was RESOLVED to SUPPORT the Wetland Permit application of MICHAEL KENIN to install six (6) Helical Screw Anchors within the central section of the exiting timber bulkhead. Excavate an area along the landward side of the timber bulkhead measuring 6.0' in width in order to property route the screw anchors into the landward grade. Upon installation of screw anchors, backfill area with excavated soils and grade accordingly. Located: 420 Lakeview Terrace, East Marion. SCTM#31-9-11 Inspected by: Doug Hardy, Jack McGreevy The CAC Supports the application with the Condition of a 10' non-turf buffer. Vote of Council: Ayes: All Motion Carried James F. King. President Jill M. Doherty. Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr PO. Box 1179 Southold. NY 11971 Telephone (631 ) 765-1892 Fax (631 ) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: MICHAEL KENIN requests a Wetland Permit to install six (6) Helical Screw Anchors within the central section of the exiting timber bulkhead. Excavate an area along the landward side of the timber bulkhead measuring 6.0' in width in order to property route the screw anchors into the landward grade. Upon installation of screw anchors, backfill area with excavated soils and grade accordingly. Located: 420 Lakeview Terrace, East Marion. SCTM#31- 9-11 TLT~a of area to be impacted: ItwaterWetland Freshwater Wetland Sound (./~ay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: Chapt.275 Cha~pt./~ other ~yype of Application: v Wetland __Coastal Erosion ~Administrative__Emergency __Pre-Submission __ __Amendment Violation Info needed: Modifications: Conditions: Present Were: J.King ~" J Doherty P Dickerson D. Dzenkowski other Form filled out in the field by D. Bergen__ B.Ghosio, Mailed/Faxed to: Date: KENINPROPERTY Situate: 420 Lakeview Terrace; East Marion; Town of Southold, NY SCTM#: 1000 - 031 - 09 - 011 Photograph of the existing timber bulkhead along the eastern section of the Kenin property, along the shoreline of Madon Lake, indicating the approxite location of the proposed helical screw anchor installations (arrows). Photograph taken from the southeastern corner of subject property, facing west. KENINPROPERTY Situate: 420 Lakeview Terrace; East Marion; Toxvn of Southold, NY SCTM#: 1000 - 031 - 09 - 011 (Photo take~ o~.]u[3' 30, 2009) Photograph of the existing timber bulkhead along the eastern section of the Kenin property, along the shoreline of Marion Lake, indicating the approxite location of the proposed helical screw anchor installations (arrows). Photograph taken from the central/eastern section of subject property, facing south. KENINPROPERTY Situate: 420 Lakeviexv Terrace; East Marion; Town of Southold, NY SCTM#: 1000 - 031 - 09 - 011 (l¥~o;o t~k'e>~ o~ ]~? 20, 2009) Photograph of the existing timber bulkhead along the eastern section of the Kenin property, along the shoreline of Marion Lake, indicating the approxite location of the proposed helical screw anchor installations (arrows). Photograph taken from the top of the existing dock, facing northwest. KENIN PROPERTY Situate: 420 Lakeview Terrace; East Marion; Town of Southold, NY SCTM#: 1000 - 31 - 9 - 11 posed Construction Access Route Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson, M.S., President Sepfember 30, 2009 Mr. James King, President Board of Trustees Southold Town Hall P.O. Box 1179 Southold, NY 11971 Re: SihJClte: 420 Lakevlew Ten'ace; East Marion; Town of Southold, NY 1000-031 -09-011 Dear Mr. King, As you know, this Firm represents Dr. Kenin, owner of the above referenced properly referenced above, who has received approval from your Board to improve thereon. Therefore enclosed please find; 1} A Check made payable to Southold Trustees to cover final inspection fee. Should you have any questions regarding this matter, or require additional information, please feel free to contact this office at any time. Thank you in advance for your cooperation. Sincerely, Diane K. Wassick cc: Mr. Kenin OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. 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: Mark Terry, Principal Planner '\~'~ LWRP Coordinator Date: September 15, 2009 Re: Proposed Wetland Permit MICHAEL KENIN SCTM#1000-31-9-11 Suffolk Environmental Consulting, Inc. on behalf of MICHAEL KENIN requests a Wetland Permit to install six (6) Helical Screw Anchors within the central section of the exiting timber bulkhead. Excavate an area along the landward side of the timber bulkhead measuring 6.0' in width in order to property route the screw anchors into the landward grade. Upon installation of screw anchors, backfill area with excavated soils and grade accordingly. Located: 420 Lakeview Terrace, East Marion. SCTM#31-9-11 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided that the following recommendations to further the below listed policies are implemented. Poficy 6. Protect and restore the quality and function of the Town of Southold ecosystem 6.3 Protect and restore tidal and freshwater wetlands. E. Maintain buffers to ensure that adverse effects of adjacent or nearby development are avoided: 1. Maintain buffers to achieve a high filtration efficiency of surface runoff 2. A void permanent or unnecessary disturbance within buffer areas. 3. Maintain existing indigenous vegetation within buffer areas. If the action is approved it is recommended that the Board require the establishment of a perpetual landscaped buffer landward from the bulkhead. A sample definition follows: LANDSCAPED BUFFER -- a land area of a certain lenqth and width which is planted with indigenous, drought tolerant, vegetation similar to that found within the immediate proximity of the parcel. Veqetation shall be installed in sufficient densities to achieve ninety-five (95) percent ground cover within two years of installation. Survival of planted vegetation shall be (ninety) 90 percent for a period of three years. Maintenance activities within the buffer are limited to removing vegetation which are hazardous to life and property, trimming tree limbs up to a heiqht of fifteen feet (15') to maintain viewsheds, replanting of vegetation and establishing a four foot (4') wide access path constructed of pervious material for access to the water-body. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney Office UseOnly ~7~_Coastal Erosion Permit Application Wetland Permit Application __ Amendment/Transfer/Extension /. ReceiveciApplication: ~gl~lGq ~ ReceivedFee:$ ,~x~'XJrf --~Completed AppliCation: ~ ~'3 {2)0~ __Incomplete: SEQRA Classification: Type I Type II Unlisted_ Coordination(date sent) ~LWRP Consistency Ass.essm~nt Form: q Iq ~0~ ~/~CAC ReferralSent: Ot[~[.~q ~/~ Date of Inspection: q !~ !0 Q~ __Receipt of CAC Report: __Lead Agency Determination jT~pTechnical Review: ublic Hearing Held: C~ ! rd~q~l~ Resolution: Administrative Permit Name of Applicant MICHAEL KENIN Address 1236 Park Avenue; New York, NY 10128 Phone Number: (212) 722 - 5290 Suffolk County Tax Map Number: 1000 - 031 - 09 - 011 Property Location: 420 Lakeview Terrace; East Marion; Town of Southold (provide LILCO Pole #, distance to cross streets, and location) AGENT: MATT D. IVANS @ Suffolk Environmental Consulting, Inc. (If applicable) Address: P.O. Box 2003; Bridgehampton, NY 11932 Phone: (631) 537 - 5160 Board of Trustees Applicatio~ GENERAL DATA Land Area (in square feet): 16, 165 square feet ± Area Zoning:. Zone B Previous use of property:. Intended use of property:. Residential Residential Covenants and Restrictions: Yes X If "Yes", please provide a copy. Prior permits/approvals for site improvements: Agency Board of Trustees Board of Trustees No Date May 18, 2005 October 17, 2007 __ 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: Project Description (use attachments if necessary): Applicant proposes to install six (6) Helical Screw Anchors (i.e., A.B. CHANCE ® Helical Tie Backs - Model S$5 w~ 8" - 10" lead sections) within the central section of the existing timber bulkhead, as shown. An area along the landward side of the timber bulkhead measuring 6.0' + in width is to be excavated in order to properly route the screw anchors into the landward grade. Upon installation of the screw anchorsr this area will be backfilled with the excavated soils and graded accordingly. Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purposes of proposed activity: Provide structural support to the existing timber bulkhead by installing six (6) helical screw anchors along the face of same. Area of wetlands on lot: 4, 812 + square feet Percent coverage of lot: 29.8 % Closest distance between nearest existing structures and upland edge of wetlands: 0.0 feet (existing timber dock) Closest distance between nearest proposed structures and upland edge of wetlands: 7.0' + feet (proposed helical screw anchors) Does the project involve excavation or filling? No X Yes If Yes, how much material will be excavated? 40 + How much material will be filled? 40 _+ (excavated fill) Manner in which material will be removed or deposited: Backhoe and "by-hand" (cubic yards) (cubic yards) 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): No impact to the surrounding environment is anticipated due to the minor nature of the proiect. Installation of the anchors will be performed in a manner with the least amount of disturbance necessary. Should this proiect not be undertaken, failure of the existing bulkhead is imminent, resulting in large scale loss and disturbance of the surrounding lands and environment. Board of Trustees Application COASTAL EROSION APPLICATION DATA Purposes of proposed activity: Provide structural support to the existing timber bulkhead by installing six (6) helical screw anchors along the face of same. Are wetlands present within 100 feet of the proposed activity? No X Yes Does the project involve excavation or filling? __ No. X Yes If Yes, how much material will be excavated? 40 + How much material will be filled? 40 + (excavated fill) Manner in which material will be removed or deposited: Backhoe and "by-hand" (cubic yards) (cubic yards) Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) No impact to the surrounding environment is anticipated due to the minor nature of the proiect. Installation of the anchors will be performed in a manner with the least amount of disturbance necessary. Should this project not be undertaken, failure of the existing bulkhead is imminent, resulting in large scale loss and disturbance of the surrounding lands and environment. Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson, M.S., President September 8, 2009 Mr. James King, President Board of Trustees Town Hall P.O. Box 1179 Southold, NY 11971 Re: Situate: SC'TM #: I~NINProperty 420 Lakeview Terrace; East Marion; Town of Southold, NY 1000 - 031 - 09 - 011 Dear Mr. King, As you know, this Firm represents Dr. Kenin, owner of the above referenced property referenced above, who is scheduled to be heard before your Board on September 23, 2009 for the installation of helical screw anchors along the existing bulkhead thereon. This proposal is to provide additional structural fortification to the bulkhead. In order to supplement our pending application, please find attached: (1) New York State Department of Environmental Conservation Wetlands Permit (No. 1-4738-03574/00002), issued September 3, 2009, authorizing to "Instal/He/ica/Screw Anchor~'. Kindly review and retain within your records. Should you have any questions regarding this matter, or require additional reformation, please feel free to contact this office at any time. Thank you in advance for your cooperation. Sincerely, Matt D. Ivans enc. cc: M. Kenm DEC PERMIT NUMBER 1-4738-03574/00002 FACILITY/PROGRAM NUMBER(S) DEPARTMENT OF ENVIRONMENTAL PERMIT Under the Environmental Conservation Law ;ERVATION EFFECTIVE DATE September 3, 2009 EXPIRATION DATE(S) September 2, 2019 TYPE OF PERMIT · New [] Renewal [] Modification [] Permit to Construct [] Permit to Operate [] Article 15, Title 5: Protection of Waters [] Article 17, Titles 7, 8: SPDES [] Article 27, Title 9; 6NYCRR 373: [] Article 15, Title 15: Water Supply [] Article 15, Title 15: Water Transport [] Article 15, Title 15: Long Island Wells [] Article 15, Title 27: Wild, Scenic and Recreational Rivers [] Article 19: Air Pollution Control [] Article 23, Title 27: Mined Land Reclamation · Article 24: Freshwater Wetlands [] Article 25: Tidal Wetlands Hazardous Waste Management [] Article 34: Coastal Erosion Management [] Article 36: Floodplain Management [] Articles 1, 3, 17, 19, 27, 37; 6NYCRR 380: Radiation Control [] 6NYC~RR 608: Water Quality Certification [] Article 27, Title 7; 6NYCRR 360: Solid Waste Management PERMIT ISSUED TO Michael Kenin ADDRESS OF PERMITTEE 1236 Park Avenue, NewYork, N.Y. 10128 ITELEPHONE NUMBER (212) 722;5290 CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER Suffolk Environmental Consulting Inc. P.O. Box 2003, Brid(,)ehampton, N.Y. 11932-2003 NAME AND ADDRESS OF PROJECT/FACILITY (631) 537-5160 Kenin Property, 420 Lakeview Terrace, East Marion COUNTY I TOWN WETLAND # Suffolk I Southold Marion Lake DESCRIPTION OF AUTHORIZED ACTIVITY: NYTM COORDINATES E: N: Install Halical Screw Anchors. All work is to be done in accordance with NYSDEC plans stamped approved on 9~3~09 and prepared by Suffolk Environmental Consulting, Inc. on 8/18/09. By acceptance of this permit, the permittee agrees that the permi .ils contin~mt.upOn~¢Ct compha ce w~th the ECL all applicable regulations, the General Conditions specified and any Special Condifiona Fnc'~uded as part of this )ermit. DEPUTY PERMIT ADMINISTRATOR: Susan V. Ackerman (CAF) AUTHOI~IZED S~,~, ,~ATU RE ,/4,,.. ...... IADDRESS Region 1 Headquarters SUNY ~ Stony Brook, 50 Circle Road, Stony Brook, NY 11790 - 3409 JDATE I September 3, 2009 Page 1 of 4 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SPECIAL CONDITIONS 1 .The limits of clearing, grading and ground disturbance line is equal to existing wood bulkhead as shown on the approved plans. 2. Any work, disturbance, and or storage of construction materials shall be confined to areas of existing lawn. 3. 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. 4. All equipment and machinery shall be stored and safely contained greater than 100' landward of the regulated wetland or waterbody at the end of each 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 in an area greater than 100 feet landward of the regulated wetland or waterbody at all times. If equipment cannot be stored and safely contained 100 feet landward of the wetland or waterbody at the end of each day, then an absorbent tarp/mat system must be used. The absorbent tarp/mat system must ensure that inadvertent leakage of deleterious substances never reaches the ground or into the regulated wetland or waterbody. The tarp/mat must be large enough so that no part of the equipment over hangs the edge of the tarp/mat at any point. 5. 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. 6. 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. I DEC PERMIT NUMBER I PAGE 2 of 4 1-4738-03574/00002 I N~,u"~RK STATE DEPARTMENT OF ENVIRONMENTAL CON~mm~'~,TION ADDITIONAL GENERAL CL~TIONS FOR ARTICLES 15 (TITLE 5), 21~5, 34 AND 6NYCRR PART 608 ( FRESHWATER WETLANDS) 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 tiable 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 or 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 interference 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 m ay 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 Suffolk Environmental Consultin,q Inc. on 8/18/09. DEC PERMIT NUMBER I IPAGE 3°f4 1-4738-03574/00002 Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemni~ and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rutes or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. GENERAL CONDITIONS General Condition '1: Facility Inspection by the Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such'representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3}. The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including 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 Orders and Determinations 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 wdtten application to the Department for renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer grsnted by the Department must be in writing. The permittee must submit a renewal application at [east: a) 180 days before 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); and b) 30 days before expiration of all other permit types. Submission of applications for permit renewal or modification ara to be submitted to: NYSDEC Regional Permit Administrator, SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790 - 3409 General Condition 4: Permit Modifications, Suspensions and Revocations by the Department The Department reserves 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 false or inaccurate statements in the permit application or supporting papers; b) failure by the permittee to comply with any terms or conditions of the permit; c) exceeding the scope of the project as described in the permit application; d) newly discovered material information or a material 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. DECPERMITNUMBER PAGE 4 of 4 1-4738-03574/00002 James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickcrson Dave Bergen Bob Ghosio, Jr. Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (63 I) 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 MICHAEL KENIN COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTI,N? I,~/F~IC~ ~I./~(~q, residing at/dba ~-_~.~..j~f.j~/~ being duly~w~)m~-de~ose and say:t That on the/¢faday of E~O~7. ,20~, I personally posted the property known as by placing the Board of Trustees official poster~'t~ere it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held Wed.~ September 23~ 2009 on or about 6:00 PM. Sworn to before me this ,~' day of St~. 2007 Matthew O. 1vans Notary Public ol New York No, 0~1v6053859 Ouali led in SullOlk County CommissiOn Exp res January 22, 21 ~( Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson, M.S., President September 3, 2009 James King, President Southold Town Trustees P. O. Box 1179 Southold, NY 11971 Re: Kennin Situate: 420 Lakeview Drive, East Marion SCTM # 1000-31-9-11 Dear Mr. King, Enclosed herewith please find a copy of correspondence sent to the adjacent neighbors via certified mail along with the CERTIFIED MAIL RECEIPTs sent in connection with the upcoming public hearing for the property owner referenced above. Sincere, ~_ . Bruce A. Anderson Cc. M. Kennin Suffolk Environmental Consulting, Inc. Newman Village. Suite E. 2322 Main Street. P.O. Box 2003, Bridgehampton, New York 11932-2003 (631 ) 537-5160 Fax: (631) 537-5291 Bruce Anderson. M.S .. President Via Certified Mailin.q September 3, 2009 Mary Williams P. O. Box 512 Peconic, NY 11958 Re: KENIN Property Situate: 420 Lake View Drive, East Marion< NY SCTM #: 1000-31-9-11 Dear Ms. Williams; This firm represents the owners of the above referenced property, which will be subject of a public headng before the Southold Town Trustees on Wednesday, September 23, 2009 on or about 6:00PM at Southold Town Hall, 53095 Main Road, Southold, NY. Dr. Kennin proposes to install helical screw anchors to straighten and fortif3/the existing bulkhead. Enclosed herewith please find the site plan prepared by this Firm last dated August 18, 2009 that details the proposed regulated activity. Kindly review the enclosed items and contact this office should you have any questions concerning this matter. Thank you in advance for your attention and courtesy. Cc. Dr. Kennin Southold Town Trus Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson, M.S., President Via Certified Mailing September 3, 2009 Paul and Donna Rubens 171 Tulsa Avenue Metuchen, NJ 08840 Re: KENIN Property Situate: 420 Lake View Drive, East Marion< NY SCTM #: 1000-31-9-11 Dear Neighbor(s), This firm represents the owners of the above referenced property, which will be subject of a public headng before the Southold Town Trustees on Wednesday, September 23, 2009 on or about 6:00PM at Southold Town Hall, 53095 Main Road, Southold, NY. Dr. Kennin proposes to install helical screw anchors to straighten and fortify the existing bulkhead. Enclosed herewith please find the site plan prepared by this Firm last dated August 18, 2009 that details the proposed regulated activity, Kindly review the enclosed items and contact this office should you have any questions concerning this matter. Thank you in advance for your attention and courtesy. ~,,/ Bruce'. ',~ndem c n~- Cc, Dr. Kennin Southold Town Trustees Suffolk Environmental Consulting, Inc. Newman Village, Suite E. 2322 Main StmeL P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson, M.S., President Via Certified Mailing September 3, 2009 Bernadette & William Reilly 162 West 3rd Street Deer Park, NY 11729 Re: KENIN Property Situate: 420 Lake View Drive, East Marion< NY SCTM #: 1000-31-9-11 Dear Neighbor(s), This firm represents the owners of the above referenced property, which will be subject of a public hearing before the Southold Town Trustees on Wednesday, September 23, 2009 on or about 6:00PM at Southold Town Hall, 53095 Main Road, Southold, NY. Dr. Kennin proposes to install helical screw anchors to straighten and fortify the existing bulkhead. Enclosed herewith please find the site plan prepared by this Firm last dated August 18, 2009 that details the proposed regulated activity. Kindly review the enclosed items and contact this office should you have any questions concerning this matter. Thank you in advance for your attention and courtesy. / Bruce A. ,~nderson Cc. Dr. Kennin Southold Town Trustees Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson, M.S., President September 3, 2009 Walter & Linell Gaipa P. O. Box 247 East Marion, NY 11939 Re: KENIN Property Situate: 420 Lake View Drive, East Marion< NY SCTM it: 1000-31-9-11 Dear Neighbor(s), This firm represents the owners of the above referenced property, which will be subject of a public hearing before the Southold Town Trustees on Wednesday, September 23, 2009 on or about 6:00PM at Southold Town Hall, 53095 Main Road, Southold, NY. Dr. Kennin proposes to install helical screw anchors to straighten and fortify the existing bulkhead. Enclosed herewith please find the site plan prepared by this Firm last dated August 18, 2009 that details the proposed regulated activity. Kindly review the enclosed items and contact this office should you have any questions concerning this matter. Thank you in advance for your attention and courtesy. Cc. Dr. Kennin Southold Town Trustees 14-16-4 (9/95)-Text 12 I PROJECTI.DNUMBER 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only SEQR PART 1- PROJECT INFORMATION (To be completed by Applicant or Project sponsor) [. APPLICANT/SPONSOR 2. PROJECT NAME Suffolk Environmental Consulting, Inc. KENIN 3. PROJECT LOCATION: Municipality Town of Southold County Suffolk 4. PRECISE LOCATION (Street address and mad intersections, prominent landmarks, etc. or provide map) 420 Lake View Terrace; East Marion; Town of Southold, New York (SCTM #: 1000 - 031 09 01 l) 5. IS PROPOSED ACTION: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Applicant proposes to install six (6) liclical Screw A~'~ho~ (i.e. ,~.B. CH.4NCE ® Helical Tie Backs ~ Model SS5 w~ 8" - I0" lead ~ecttons) within thc central section of the cxistiog timbe~ bulkhead, as shown. An area along thc landward side of the timber bulkhead mCaSUnng 6.0' ± in width is to be excavated in order to properly route thc screw ancho[s into the landward grade. Upon installation of tim screw anchors, this area will be backfillcd with the excavated soils and ~-ad~d acco~dinl~iy. 7. AMOUNT OF LAND EFFECTED: Initially < 0.001 acres Ultimately < 0.001 ac~es 8. WILL PROPOSED ACTION COMPLY VVITH 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 E]lndustdal []Commercial [~Agriculture [--]Park/Forest/Open space Describe: Private single family residences with related appurtenances, including timber bulkheads, 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENT AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes []No If yes, list agency(s) and permit/approvals New York State Department of Environmental Conservation. 1 l. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY V/U_ID PERMIT OR APPROVAL? [] Yes [] No If yes, list agency(s) and permit/approvals 12. AS A RESULT OF PROPOSED ACTIION WiLL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Yes [] No I CERTIFY THAT THE INFORMATION PROVIDED IS TRUE TO THE BEST OF MY KNOWLEDGE Applioant/spoesor name: Mjlvans - Suffolk Environmental Consulting, Inc. Date: July 31, 2009 Signature: ~ :-7--:~!:~ with this assessment agency, complete the Coastal PART II- ENVIRONMENTAL ASSESSMENT ~I'o be completed by A~ency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.127 If yes, coordinate the review process and use the FULL FAF. [] Yes [] No B. WILL ACTION RECEIVE COORDINATED REVIBN AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another invoNed agency. [] Yes [] No C. COULDACTIONRESULTINANYADVERSEEFFECTSASSOCIATEDWTrHTHEFOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality, nO~Se levets, ex~sting traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archeological, historical or other natural or c~ltuml resources; or communibj or neighborhoed character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitat, or threatened or endangered species? Explain briefly: C4. A community's existing plans o~' goals as off, dally adopted, or change in use or intensity of use of !and or natural resources? Explain briefly: C5. Growth, subsequent dev~!opment, or related activities likeiy to be induced by the proposed action? Explain briefly: (7.6. Long term, short ten'n, cumulative, or o~her effects not identified in C1 *C57 Explain briefly: C7. Other impacts (incJuding changes in use of either quantity or type of energy)? Explain b~iefly: D. WiLL THE PROJECT HAVE AN B~IP^CT ON THE ENVIRONMENTAL CHARACI~RI:STICS THAT CAUSED THE ESTABLISHMENT OF A CEA? I--~Yes I~No D. IS THERE. OR IS THERE LIKELY TO BE, CONI~OVERSY RELATED TO POTENT!AL [-f Yes [] No If yes, explain briefly - :. -:=: -;ANCE {To be completed by Agency) :: .... :- ~:' :* -: *.. :~-- -'.'..-:--,~.- -,-~.=--~ ...;-~- ~- ~.--= ~*--- :*:-=~:~*~ =**~ ~,;~q,,ately addressed. If question O dctcrmina[ion: Print or Type Name of Responsible Officcr Signaturc of Responsible Officcr in Lead Agcncy Title of Responsible Officer Signatmc of Preparer (if different From rcsponsiblc officer) Board of Trustees Application County of Suffolk State of New York BRUCE A. ANDERSON 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 HARMELESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY BIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(SO, TO ENTER ONTO MY PROPERTY TO INSPECT THE ,2009 Ma~hew D. Ivsns Notary Public ot New York No. 011V6053859 Oualified in Suffolk County Commission Expires January 22, 201~ OWNER'S ENDORSEMENT (TO BE SIGNED IF APPLICANT IS NOT OWNER) STATE OF NEW YORK) COUNTY OF NEW YORK) SS: I, Michael Kenin, being duly sworn, deposes and says; I reside at 200 East End Avenue - Apt. 10M; New York, NY 10128. In the County of New York and the state of New York~ mad I am the (owner ha fee) (officer of the Corporation which is owner in fee) of the premises described in the foregoing application and that I have authorized SUffolk Environmental Consulting, Inc. to make the foregoing application as described herein. Signature Signature If Corporation, name of corporation and Officer Officer's Title I~e~oremdthj~s /ct~ day of Notary Public PAUL 0RIOL N rota~y.P~ State of New York Qualified )n Bronx Cou~y No.fllo o5oo69 Board of Trustees Application N/A AUTHORIZATION (where the applicant is not the owner) (print owner of property) residing at (mailing address) do hereby authorize (Agent) to apply for permit(s) from the Southold Board of Town Trustees on my behalf. (Owner's signature) 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 mom detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 31 09 11 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees [] 1. 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: Applicant proposes to install six (6) Helical Screw Anchors (i.e., A.B. CHANCE ® Helical Tie Backs - Model SS5 w/8" - 10" lead sections) within the central section of the existinq timber bulkhead, as shown. An area alonq the landward side of the timber bulkhead measurinq 6.0' _+ in width is to be excavated in order to properly route the screw anchors into the landward qrade. Upon installation of the screw anchors, this area will be backfilled with the excavated soils and qraded accordinqly. Location of action: 420 Lakeview Terrace; East Marion; Town of Southold Site acreage: 0.37 acre -+ Present land use: residential Present zoning classification: Zone B If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Michael Kenin (b) Mailing address: 1236 Park Avenue New York~ NY 10128 (c) Telephone number: Area Code ( 212 ) 722 - 5290 (d) Application number, if any: N/A Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No [] If yes, which state or federal agency?. NYSDEC 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 [] Not Applicable Not applicable in that the proiect is extremely minor in size and scope, and is to only provide further structural inte~trity to an existin~l timber bulkhead by the installation of six (6~ helical screw anchors alon~t the face of the structure. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [] Not Applicable Not applicable in that the project is extremely minor in size and scope, and is to only provide further structural inteqr ty to an existin~l timber bulkhead by the installation of six (6) helical screw anchors alonf:1 the face of the structure. It will have no effect, positive or ne~lative to the historical and/or archaeoloclical resources of the Town. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 5 through 7 for evaluation criteria [] Yes [] No [] Not Applicable Not aD[~licable in that the project is extremely minor in size and scope, and is to only provide further structural inteariN to an ex st n.q t mber bu khead by the nsta at on of six (6) helical screw anchors alonq the face of the structure. It will have no effect, positive or ne~lative to the visual quality and/or the scenic resources of the Town. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [] Yes [] No [] Not Applicable The proiect is compatible with this policy in that the proposal to provide further structural inteclrity to the existin¢l bulkhead is to maintain the level of protection of the shoreline from floodin¢l and erosion, 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 Not applicable in that the project is extremely minor in size and scope, and is to only provide further structural inteariN to an existina timber bulkhead by the installation of six ('6) helical screw anchors alon.q the face of the structure. It will have no effect, eositive or nec:lative to the water quality of the Town. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria [] Yes [] No [] Not Applicable Not alOolicable in that the Droiect is extremely minor in size and scoee, and is to only provide further structural inte.qr ty to an ex st n~1 t mber bu khead by the nsta at on of six (6) helical screw anchors alon~ the face of the structure. It will have no effect, positive or neqative to the quality and/or function of the ecosystems of the Town. 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 Not applicable in that the project is extremely minor in size and scope, and is to only provide further structural inteclrity to an existin¢:t timber bulkhead by the installation of six (6) helical screw anchors alonf:1 the face of the structure, It will have no effect, positive or ne.qative to the air quality of the Town. 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 Not alor)licable in that the prelect is extremelv minor in size and scooe, and is to only Drovide further structural inteqrity to an existinq timber bulkhead by the installation of six (6) helical screw anchors alon~ the face of the structure, It will have no effect, positive or neclative to the environmental deClradation of the Town, Attach additional sheets if necessary PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria [] Yes [] No [] Not Applicable Not applicable in that the proiect is extremely minor in size and scope, and is to only provide further structural integrity to an existina timber bulkhead by the installation of six (6) helical screw anchors alona the face of the structure. It will have no effect. Positive or neaative to public access/recreational use within the Town. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria [] Yes [] No [] Not Applicable Not applicable in that the proiect is extremely minor in size and scope, and is to only provide further structural intef:irity to an existinq timber bulkhead by the installation of six (6) helical screw anchors alonq the face of the structure, It will have no effect, positive or ne.qative to the water-dependent uses within the Town. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town Waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria [] Yes [] No [] Not Applicable Not applicable in that the Droiect is extremely minor in size and scope, and is to only provide further structural integriN to an existing1 timber bulkhead by the installation of six (6) helical screw anchors alonq the face of the structure. It will have no effect, positive or ne~lative to the livincl marine resources of the Town. 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 Not applicable in that the project is extremely minor in size and scope, and is to only provide further structural inteariN to an existina timber bulkhead by the installation of six (6) helical screw anchers alonf:1 the face of the structure. It will have no effect, positive or neqative to the aqricultural ands w th n the Town. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [] No [] Not Applicable Not applicable in that the Droiect is extremely minor in size and scope, and is to only provide further structural intearitv to an existina timber bulkhead bv the installation of six (6) helical screw anchors alon~l the face of the structure. It will have no effect, positive or neqative to the use and development of enerf::ty & mineral resources within the Town. Attach additional sheets if necessary Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson, M.S., President August 3, 2009 Mr. James King, President Board of Trustees Town Hall P.O. Box 1179 Southold, NY 11971 Re: Situate: SCTM #: Dear Mr. King, This Firm represents Dr. Michad Kenin, owner of the above referenced property, who is seeking all required regulatory permits to provide further structural support to the existing timber bulkhead thereon. In order to do so, a Wetland Permit from your Board is required. Enclosed herewith please find a completed Wetland Permit Application. Application contents are as follows: (1) Town of Southold Trustees Wetlands Permit Application (original and two [2] copies); (2) Short Environmental Assessment Form (original and two [2] copies); (3) Local Waterfront Revitalization Program application (original and two [2] copies); (4) Location Map for reference (three [3] copies); (5) Photographs of subject property, indicating the conditions thereon (three [3] sets); (6) Survey of the property, prepared by JOHN C. EHLERS, Land Surveyor, last December 17, 2007, indicating the conditions thereon (three [3] copies); and (7) Check made payable to the Town of Southold in the amount of $250.00 coveting the requisite application fee. Hammarth/ 2 By way of this correspondence, and on behalf of Dr. Kenin, I request that you commence review of this application and schedule before the next awil~ble Trustees Board meeting for discussion and subsequent permit issuance. Should you have any questions regarding tlxis matter, or requite additional reformation, please feel free to contact this office at any time. Thank you in advance for your cooperation. eric. cc: M. Kenin c~jRVE'r' OF PROPERTY' 51TUA'F~: EAST HARION TOI, IN, 5UF:FOLK C, OUNTY', NY .GURVE'fEI) REVI.G~D IO-22-2OO'?, IO-2~--2OO"/, ~Ut=FOLK C. x2UNTY TAX # IO00-~I-~- H CERTIFIED TO: PIIC4-1AEL K4~NIN · HONUlq~NT PIPE ROC~ AREA I?tOO $.F. X .I-/' = D2D C..F. ~II:)E 2 ~,' DIA. X 4' DEI=P I;:~R¥ I",ELL5 FO~ ROOt= [DF;?.AIN~ = DD'7 C,J=. 5TOP. A~E AREA = 16,165 5:,F: OR. O.D"/ AGI:~-'~ ®RAPHI6 .GC.,ALE I"= 24' R.O.W. 210.0' cjot~ o Lond no~ or Formerl~ o~: ~dor~ V~illi~ms N55o4'7'20"E S, 132.12' S55o47'20"W 191.17' - APPROVED BY BOARD OF TRUSTEES oF: TOWN OF SOUTHOLD JOHN C. EHLERS LAND SURVEYOR 6 EAST ~ STRIk'I~ N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.-TIGER~ROSk99-202 SITE PLAN Scale: 1.0" = 20.0' _+ Adapted from the Survey of subject property, as prepared by IOHN C. EHLERS, Land Surveyor C~O~O 0c\wo~°~ L0u-u~ no~* or ~:orrn6rit3 °Oq Date: July 31, 2009 Scale: As per view D~'awn by: r~di Limit of txeavation-- {seegetmil APPROVED BY BOARD OF TRUSTEES TOWN OF $OUTHOLD ~-Ptoposed Helical Anchor (typical) (seeDetai Lond no~,,,~ oc ~or'm~r'lq off: )',loll;er F_. Goiloo 4 SUFFOLK ENVIRONMENTAL CONSULTING, iNC= P,O, Box 2003 * Bridgehompton o I,l~'o i i 9352 ~,_ 1,537 - d,i 60 (phone) .co I; oo, - 5291 ,:facsimile~ [ i PROPOSED HELICAL SCREW ANCHOR INSTALLATION for the KENINProperty Situate: 420 Lakeview Terrace; East Marion; Town of Southold, New York SCTM #: 1000 - 031 - 09 - 011 SITE PLAN DETAIl, Scale: 1.0": 10.0' + NOTE: Existing Tie Back System not shown for clarity. Proposed Helical , O&o' -+ L) ~rlm~er Pfl~.~ PROJECT DESCRIPTION: Applicant proposes to install six (6) Helical Screw Anchors (i.e., A.B. CHANCE ® Helical Tie Backs N Model SS5 w/ 8" - 10' lead sections) within the central section of the existing timber bulkhead, as shown. An area along the landward side of the timber bulkhead measuring 6.0' _+ in width is to be excavated in order to properly route the screw anchors into the landward grade. Upon installation of the screw anchors, this area will be backfilled with the excavated soils and graded accordingly. Helical T~eback Size Torque Rating Ultimate Capacity* Anchor Type inches fi-lb kip (mm) (N-m) (kN) SS125 1.25 4,000 50 Square Shaft (31.7) (5,400) (222) SSS 1.50 5.500 55 Square Shaft (38.1) (7,500) (245) SS1SO 1.50 7,OEO 70 Square Shaft (38.1) (9,500) (312) SS175 1.75 10,000 100 Square Shaft (44.5) (13,600) (445) SS200 2.00 15,000 150 Square Shaft (,50.8) (20,300) (668) SS225 2.25 20,OEO Square Shaft (57.2) (27,1OO) ' Tho UNmate CapacRy is based on tho Installation Toque-Capacity ~ationship in soil. FOr more detailed design information, contact your local CMl Construction dist~utor found at ww~ abchance, com. 2OO ¢90) Date: July 31, 2009 Scale: As per view Drawn by: mdi Comments: Prepared for requlatory submission. SUFFOLK ENVIRONMENTAL CONSULTING, INC. P,O, Box 2003 * Bridgehampton * NY * 11932 (631) 537 - 5160 (phone) (631 `) 537 - 5291 (facsimile') OF PROPOSED HELICAL SCREW ANCHOR INSTALLATION for the KENINProperty Situate: 420 Lakeview Terrace; East Marion; Town of Southold, New York SCTM #: 1000 - 031 - 09 - 011 CROSS-SECTION VIEW Scale: 1.0" = 5.0' + Timber 6.0' _+ Limit e~ ] E,a~a,,g Ex cavalion] Gr~ The NY$ Freshwater [ T~ber Wetland Bou ndar~ is located 7,ff ~ downslope Pilbt~ of the bulkhead, as deten'nined by R. Marsh on ~u,~l 4, 2oo~ 20.0' + Timber Proposed Helical $ arew Anclt or (is.e, _+ L) NOTE: Existing Tie Back System not shown for clarity. Date: .Tuly 31, 2009 Scale: As per view Drawn by: mdi Comments: Prepored for requlatory submission.