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TR-7235
Jill M. Doherty, President Bob Ghosio, Jr., Vice-President James F. King Dave Bergen John Bredemeyer Town Hail 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 April 20, 2011 Mr. Glenn E. Just J.M.O. Environmental Consulting Services P.O. Box 447 Quogue, NY 11959-0447 RE: FREDERIC ENDEMANN 840 OLD HARBOR RD., NEW SUFFOLK SCTM#117-5-51.1 Dear Mr. Just: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed., April 20, 2011: RESOLVED, that the Southold Town Board of Trustees APPROVES the Amendment to Wetland Permit #7235 to maintenance dredge a 145'X 25' area located approx. 20' seaward of the Iow sill bulkhead to a depth of -5' MLW. Resultant spoil, approx. 130 cy. shall be used to backfill the bulkhead so the area can be re-vegetated, and as depicted on the plan prepared by J.M.O. Environmental Consulting Services last revised April 7, 2011 and stamped approved on April 20, 2011. This is not a determination from any other agency. Sincerely, Jill ~. Doherty, Presid~t Bo~d of Trustees JMD:lms J.M.O.. Environmental Consulting Services 2011 Ms. Jill Doherty, President Board Of Town Trustees Town Of Southold P.O. Box 1179, 54375 Main Road Southold, N.Y. 11971 Re: Pennit No. 7235 Endemann 840 Old Harbor Road, New Suffolk S.C.T.M.No. 1000-117-5-51.1 Dear Ms. Doherty: At the present time we are seeking to modify this permit which was issued on 2/24/10. The proposed modification is to maintenance dredge a 145'x25' area located approximately 20 seaward of the low sill bulkhead to a depth of-5' MLW. The resultant spoil, approximately 130 cy of sand shall be used to backfill the bulkhead so that the area can now be revegetated. For the Board's review I have enclosed copies of our plans depicting the requested modification. As always should you or any member of the Board have any questions or comments regarding this request please feel free to contact me at any time. Phone (631) 653-0607 · Fax (631) 653-3348 121 Jessup Ave · 2nd Floor * P.O, Box 447 Quogue, New York 1 ~959-0447 AL~ 0 SCALE (SECTION PROP. DREDGE SPOIL FOR BACKFILL 1 F PLANT IN C= EX. 35 / CATWALK -5' -5/ D&REA TO T~)E_5.ALW REDGED -5' "~ PROP -BOTTOM SHEET 2 OF 2 Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (631) 765-1892 Fax (63t) 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 I st day of construction ½ constructed v'/' Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7235 DATE: FEBRUARY 24~ 2010 ISSUED TO: FREDERIC ENDEMANN PROPERTY ADDRESS: 840 OLD HARBOR ROAD, NEW SUFFOLK SCTM# 117-5-51.1 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on February 24, 2010, and in consideration of application fee in the sum of $250.00 paid by Frederic Endemann and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: ~ Wetland Permit to resheath approximately 36' of timber bulkhead with vinyl sheathing, construct approximately 160' of low sill timber bulkhead Utilizing Vinyl sheathing and to plant area with Spartina AIterniflora 12" on center, with the conditions that the low sill bulkhead is to be constructed no higher than 8" below apparent high water, and the installation of a silt boom prior to and during all intertidal operations surrounding the immediate project area, and as depicted on the site plan prepared by J,M.O, Environmental Consulting Services, last dated February 25, 2010, and received on March 2, 2010. IN' WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. TERMS AND CONDITIONS The Permittee Frederic Endematm, residing at 840 Old Harbor Road, New Suffolk, New York as pm of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances Warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the fight of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. That the said Board will be notified by the Permittee of the completion of the work authorized. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town HallAnnex 54375M~nRoad P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 February 24, 2010 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Glenn E. Just J.M.O. Environmental Consulting P.O. Box 447 Quogue, NY 11959 RE: FREDERIC ENDEMANN 840 OLD HARBOR ROAD, NEW SUFFOLK SCTM# 117-5-51.1 Dear Mr. Just: The Board of Town Trustees took the following action dudng its regular meeting held on Wednesday, February 24, 2010 regarding the above matter: WHEREAS, J.M.O. Environmental Consulting on behalf of FREDERIC ENDEMANN 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 December 22, 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 February 24, 2010, 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 FREDERIC ENDEMANN to resheath approximately 36' of timber bulkhead with vinyl sheathing, construct approximately 160' of Iow sill timber bulkhead utilizing vinyl sheathing and to plant area with Spartina Alterniflora 12" on center, with the conditions that the Iow sill bulkhead is to be constructed no higher than 8" below apparent high water, and the installation of a silt boom pdor to and dudng all intertidal operations surrounding the immediate project area, and as depicted on the site plan prepared by J.M.O. Environmental Consulting Services, last dated February 25, 2010, and received on March 2, 2010. 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, President, Board of Trustees JMD/eac Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (631) 765-1892 Fax (63 l) 765-6641 Ple.ase be, advised that your application dated '~~ ~:~, ~CO~ has been rewewed Dy this Board at the regular meeting of I~¢__Jo¢,,~u-,,~ otq, o~ol~and yOur application has been approved pending the completion of{he following items checked off below. V/Revised Plans for proposed project Pre-Construction Hay Bale Line Inspection Fee ($50.00) __ 1st Day of Construction ($50.00) __ ¼ Constructed ($50.00) v'/ 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: Jill M, Doherty, President Board of Trustees Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (63 I) 765-1892 Fax (631) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., January 13, 2010, the following recommendation was made: Moved by Doug Hardy, seconded by Peter Young, it was RESOLVED to NOT SUPPORT the Wetland Permit application of FREDERIC ENDEMANN to resheath approx. 36' of timber bulkhead with vinyl sheathing, construct approx. 160' of Iow sill timber bulkhead utilizing vinyl sheathing and to plant area with Spartina Alterniflora 12" on center. Located: 840 Old Harbor Rd., New Suffolk. SCTM#117-5-51.1 The CAC does Not Support the application because the proposed Iow-sill bulkhead does not conform to the Code and recommends rip-rap or gabions with at least a 15' non-turf vegetated buffer. Vote of Council: Ayes: All Motion Carried James F King. Jill M. Doher~y Dave Bergen Bob Ghosio, Jr. John Bredemeyer P.O. Box 1179 Southold. NY 11971 Telephone (63 [ ) 765-1892 Fax (631 ) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: FREDERIC ENDEMANN requests a Wetland Permit to resheath approx. 36' of timber bulkhead, construct approx. 160' of Iow sill timber bulkhead and to plant area with Spartina Alterniflora 12" on center. Located: 840 Old Harbor Rd., New Suffolk. SCTM#117-5-51.1 Type o~.area to be impacted: .(~.8~ltwater Wetland Freshwater Wetland Sound ~-~y Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: L~3~apt.275 Chapt. 111 other Type of Application: (/'"Wetland __Coastal Erosion __Amendment __Administrative__Emergency Pre-Submission Violation Modifications: Conditions: Present Were: ~d~ingv 3.Dohe~y ~~ ~D. Bergen ~ B.Ghosio, ~ D. Dzenko~ other Form filled out in the field by Mailed/Faxed to: Date: DOCKS AREA TO JE PLANTED SPAI;?TI NA ALTERNIFLC IZ' O,C, , New Suffolk Various dates New Suffolk Various dates GREAT . J.M.O. Enwronmental Consulting Services February25,2010 Mrs. Jill M. Doherty, President Board of Town Trustees Town of Southold Town Hall Annex P.O. Box 1179 Southold, N.Y. 11971-1179 Re: Endemann, 840 Old Harbor Road, New Suffolk Dear Mrs. Doherty: At last night's hearing on this application the Board suggested that the elevation at the top of the proposed low sill bulkhead should be 8" below the Apparent High Water Line and that during construction activities a silt boom should be employed. For your review and files enclosed please find revised plans that depict the these items. Should the Board have further comments or questions regarding this ma~fl)riclease feel free to contact me at any time. ~i~e~ E~:Just~////~~ - Phone (631) 653-0607 · Fax (631) 653-3348 121 Jessup Ave * 2nd Floor · P.O, Box 447 Quogue, New York 11959-0447 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: January 15, 201/) Re: Proposed Wetland Permit for FREDERIC ENDEMANN SCTM#1000-117-5-51.1 J.M.O. Environmental Consulting on behalf of FREDERIC ENDEMANN requests a Wetland Permit to resheath approx. 36' of timber bulkhead with vinyl sheathing, construct approx. 160' of Iow sill timber bulkhead utilizing vinyl sheathing and to plant area with Spartina Alterniflora 12" on center. Located: 840 Old Harbor Rd., New Suffolk. It is recommended that the Board evaluate the placement or elevation of the spartina alterniflora in relation to the AHW. Normally, vecletation is planted landward of a Iow sill bulkhead. A Ionq term survival requirement for the planted ve.qetation is also recommended. 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 below Policy Standards and therefore is CONSISTENT with the LWRP; provided that the proposed action meets sub-policies 6.3, and outlined below. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. To further Policies 5. Protect and improve water quality in the Town of Southold, 6.3 Protect and restore tidal and freshwater wetlands and Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. It is recommended that the Board require that the silt boom be deployed during the construction of the structure pursuant to: § 275-11 Construction and operation standards. A. General The following standards are required for all operations within the jurisdiction of the Trustees: (2) Erosion control. Installation of an erosion control structure is necessary during any building, grading, landscaping or site work activity within Trustee jurisdiction. This structure may include, but is not limited to, installation of a silt fence, hay bales, wood chip berm and silt booms. The placement of the erosion control structure(s) shall be determined by the Trustees or their designee. All intertidal construction and excavation requires the installation of a silt boom that will retain all suspended sediments within the immediate project area. 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 J~N-11-2010 13:18 FRDM:JMO CONSULTING G53334~ :?GSGG41 P.2 J,M.O. Environmentar Consulting Services 10, 2010 Mx. James King, President Board of Town Trustees Town of Southold P.O. Box 1179 Southold, N.Y. 11971-1179 Re: Application for Frederic Endemann 840 Old Harbor Road, New Suffolk S.C.T.M.No. 1000-17-05-51.1 Dear Mr. King: At the present time we are seeking to modify the application which we recently submitted on behalf of Mr. Endemann. I recently met on site with representatives of the N.Y.S.D.E.C. and at that time it was suggested that the proposed low sill bulkhead be relocated and placed just seaward of the Apparent Low Water Line and that the elevation of the sheathing be approximately 9" above the Apparent High Water Line. This will allow that area landward of the proposed bulkhead to be flooded at times of full and new moons. for your review I have enclosed copies of our revised plans depicting this information. As always should you or any of the other trustees or staff have any comments or questions regarding this matter please feel fx~e to contact me at any trine. 'GlentiYE. Jnst~,/ Phone (631) 653-0607 · Fax (631) 653-3.348 121 Jessup Ave ,, 2nd FlOor * P,O. Box 447 Quogue, New Yo~ 11959-0447 ~l GRADE¥ ~.'[OP CF I~,NK Applicam. Frederic Endemann Purpose: Erosion control Location: 840 Old Harbor Road Datum: A~psrent Low Water Locus: 72'28'21.70"W $.c.T.M.No. 1000-11 ~-05 51.I PROR -~ .............. ~ PLAN~ ED WITH ~ ,'.WALE · '~ ......... : ' ' ,i ,i 12" O.C. i d/~,'l ~] 2:~i0 i~!-- BOTTOM Applicant proposes to reslwa~ approx. 36' of existing ~imber b~khead with vinyl shesthino~ to construct approx. 160' o£1ow ~1 bulkhead ~li~.g vinyl sheathing and plant area with Spsr~ Altem!flora 12" on ce~er. At Old Hs~oor Road, New Suffolk, Town of Sou~hoid, 8uffnlk Coumy, New York. JAN-Ii-8010 13:18 FROM: JMO CONSULTING G5~48 eO: 765~641 Environmental Consultine Servi~Ce~r o _/ ~ ~ ~ ... ,,/ Ph~na (6~1) 6~-0601 · 12 Je~upAve · 2nd Floor · PO Box 447 ',, ' Y ~,,~<,~ / -Quogue, New York 11959-~7 FAX COVER SHEET Company Name: Attention: Date: 1/11/10 Fax Number: Number of Pages Including Cover: MESSAGE: If you do not receive the correct number of pages, please carl out office as soon ss poeaible. Office Use Only v~OweaStal Erosion Permit Application tland Permit Application Administrative Permit / Amendment/Trans fer/Ext~nsil~n _~ece~vved Application:~.~_~ ]d_Received Fee:$r~%'~) ~9~ ' ' 4~Completed Application __Incomplete __SEQRA Classification: Type I Type II Unlisted _~oordinafion:(date sent.) C~J~ I __-----CAC Referral Sent:~ ~ of Inspection: I ,]/,_4j/O ~Receipt of CAC RelPort: __Lead Agency Determination:__ Technical Review: ~__,_.Pu%lic Hearing Held: //fl Oil 0 __Resolution: Name of Applicant Frederic Endemann Ad.ess P.O. Box 745, Cutchoque. NY 11935-07a5 Phone Number:( ) 734-5441 Suffolk County Tax Map Number: 1000- 117-05-51 .1 Property Location: 840 Old Harbor ROad New Suffolk (provide LILCO Pole it, distance to cross streets, and location) AGENT: Glenn E. Just/ JMO ~..nv'ironm~nt-~l O©nsu!tiEg (If applicable) Ad. ess: P.O. Box 447, Quo~ue, NY 11959-0447 Phone: 653-0607 ~rd of Trustees APPlicationO Land Area (in square feet): Area Zoning: Rosid~nt±al Previous use of property: Intended use of property:. GENERAL DATA 49t888 / Marina (570) Dockinq Docking Prior permits/approvals for site improvements: Agency Date Southold Town Permit 4406 1995 for maintenance dredging Southold Town P~rmit 3q7 1QR~ r~?]~ce (5) docks __ 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 resheath approximately 36' of timber bulkhead, to construct approximately 160' of low sill timber bulkhead and to plant area with Spartina altemiflora 12" on center. rd of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Erosion control Area of wetlands on lot: square feet Percent coverage of lot: 0 % Closest distance between nearest existing structure and upland edge of wetlands: 0 feet Closest distance between nearest proposed structure and upland edge of wetlands: 0 feet Does the project involve excavation or filling? No X Yes If yes, how much material will be excavated? 0 cubic yards How much material will be filled? cubic yards Depth of which material will be removed or deposited: 1.5 feet Proposed slope throughout the area of operations: 1: 1 Manner in which material will be removed or deposited: Backhoe 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): As proposed, there should be no negative impacts upon the Towns wetlands or tidal waters. 617.20 Appendix C State Environmentel Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be coml~leted by A~)plicant or Project Sponsor) 1. APPLICANT/SPONSOR 12.PROJECT NAME FTedc[Jc Endelnann / Bulkhead rcconsh'ucton 3. PROJECT LOCATION: Municipality New Suffolk County Suffolk 4. PRECISE LOCATION (Sl~ee{ address and mad intersections, prominent landmanks, etc., or provide map) 840 Old Hm~r Road Location map and survey enclosed 5. PROPOSED ACTION IS: [] New [] Expansion [] Mod;flcation/alterafion 6. DESCRIBE PROJECT BRIEFLY: Applicant proposes to msheath approximately 36' of timber bulkhead, to construct approximately 160' of low sill bulkhead utilizing vinyl sheathing and m plant area with Spartina alterniflora 12" on center. 7. AMOUNT OF LAND AFFECTED: Initially 9 acres Ultimately 0 acres WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RES'I~ICTIONS? [] r-1 No ..o, biff)fly WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?. [] Residential [] Indus~rtel [] Commercial Describe: Single family dwelling with docks and marinas [] Agriculture [] PadOForesl/Open Space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY FI~OM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes U No If Yes, list agency(s) name and permit/approvals: Southold Town Trustees and N.Y.S.D.E.C. 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes. list agency(s) name and parmit/apixovais: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE [S TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Glenn E. Just as agent Date: Signature: If the action is in the Coastal Ama, and you are a sta~..e, ag.ency, complete the Coastal Assessment Form before proceeding with this assessment [ OVER I Reset PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEEO ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. r-]Yes r~No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency, [] Yes [] NO 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 pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain bdefly: C2. Aesthetic, agriculture-il archaeo~-ogical, historic, or other natursi 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 existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain bdefiy: C5. Growth, subsequent development, or related activiti~ iikely to be induced by the proposed action? Explain briefly: C6. Long term, short term, cumulative, (~r~)ther effects not identffi~l in C1-C57 Explain briefly: C7. Other impacts lincludin~ chanties in use of either quantit~ or t,/pe of energia'? Explain briefly/: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA ICEAI? /If i/es, explain briefi)': E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If yes explain: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. 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 necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detair to show that ali 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 CFA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULl EAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed actio~ WILl. NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting thi~ determination. Board of Trustees Name of Lead Agency Jill M. Doherty t~.~_~t i~io~/~nYa, tPui~ ~ible Officer in Lead Agency 'g e of espqnsi~le Officer in Lead Agency Date President Title of Responsible Officer Signature of Preparer (If different from responsible officer) J.M.O. Environmental Consulting Services January 27, 2010 Mrs. Jill M. Doherty, President Board of Town Trustees Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, N.Y. 11971-1179 RE: Endemann, 840 Old Harbor Road, New Suffolk S.C.T.M.No. 1000-117-05-51.1 Dear Mrs. Doherty: For your review and files, I am enclosing the Affidavit of Posting and the Proof of Mailing for this project. Should you require any additional material kindly contact our office. Sincerely, Phone (631) 653-0607 · Fax (631) 653-3348 121 Jessup Ave ° 2nd Floor ° P.O. Box 447 Quogue, New York 11959-0447 A , ,txC [ A L $ USE 01/12/2010 Address: on ~eimink ~ P.O. nox 654 New Suffolk, N.Y. 5 ~ber Lane Fairport N.Y. 14450 bt View Rast Mattituck, N.Y. 11052 .x 613 New Suffolk, ~.¥. ust 155 ~ast 76th Street New York,~y/~x ~alpert 7 East 94th ~treet NewwYork, ~ (~'~i-.~, ~. , berg duly sworn, de.scs ~d says ~at on ]~ ~ of~~ .20 ] ~, depon~t m~fled a ~e copy of~e Notice s~ fo~ ~ ~e B~d of T~t~s Applicafio~ dkected to each of~e above named ~om at ~e ad~sses set o~site ~ respective roes; ~at ~e ad&esses set op~si~ ~e ~es of~d pemom ~c ~e ~&ess of said pemons ~ shown on ~e c~ent assessm~t roll of ~e To~ of Sou~old; ~at said Nofic~ w~ ~ded at ~e Mnited S~s Post Office at ~p. ~ ~ , ~at said Notices ~er[~le~to e~ch&aid persons by (ceffifi~) (.~) m~l. /I I/ Swom m ~fom me ~is Day o~ 20/ -' - -Notary Public Cemmissio. James F. King Jill M. Doherty Dave Bergen Bob Ghosio, Jr. John Bredemeyer 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 FREDERIC ENDEMANN JAN 2 9 2,~:0 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, ~lec,.~,/~,-3'~us4 , residing at/dba being duly swom, depc~se and say: That on the day of ,2010, I personally posted the property known a,~ by placing the Board of Trustees off~ci-al poster where it can easily be s~en, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the ~ublic hearing. Date of hearing noted thereon to be held Wed., January 20~ 201~on o~ abou i:00 PM. Dated: 1/o~-I [o~..010 .~~/~ (signature) S,wpm to before me this ~I<otary Public f' D / Boar~'o~ Trustees Application County of Suffolk State of New York FJ~ ~ ~ 1 c ~. ~/,~ ~ ~P?.4w~U 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 REVIEW OF THIS APPLICATION. Signature SWORN TO BEFORE ME THIS ~ 'Tg DAY OF /'4.4~ ,20 0 ? Notary Public AUCIA WALKER 0. ~u~li~l iq Suffolk Count'/ Commission Expires SepL 25, '/~'~ J.M.O. Environmental Consulting Services To whom it may concem: Please be advised that we have authorized the firm of J.M.O. Environmental Consulting Services to act as our agent on our behalf in applying for certain approvals through your agency and others involved with this project.' J.M.O. Consulting Services has been retained to coordinate all approvals necessary through your and other involved agencies, as well as our architect, engineer and contractors. We request that all communications, correspondences, notices, approvals and calls be addressed directly to the offices of J.M.O. Environmental Consulting Services. Signature Dated Phone (631) 653-0607 · Fax (631) 653-3348 121 Jessup Ave · 2nd Floor · P.O. Box 447 Quogue, New York 11959-0447 rd of Trustees Applicati AUTHORIZATION (where the applicant is not the owner) (print owner of property) residing at ~tfl5 (mailing address) do hereby authorize ..T ~ 0 (Agent) to apply for permit(s) from thc Southold Board of Town Trustees on my behalf. (OwnePs signature) Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for pen~its* including Town of Southold agencies, shall complete this CCAF for proposed actions flint 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 determinalion 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 Sectioa C, the prepmer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Lecal Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficinl and adverse effects upon the coastal a~a (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 deh~.,ination 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.norflffork.net), the Board of Trustees Office, the planning Department, all local h~rafies and the Town Clerk's office. B. DESCRIFIION OF SITE AND PROPOSED ACTION SCTM~ 117 05 _ 51 .1 The Application has been submitted to (check appropriate response): TownBoard ~-~ PlapningDept. ~-~ Building Dept. ~-~ Board of Trustees Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Natu~andextentofaction: Applicant proposes to resheath aoprox. 36' of ~xistinq timber bulkhead with vinyl sheathing, to construct approx. 160' of low sill bulkhead utilizin~ vinyl sheathing and plant area with Spartina Alterniflora 12 on center. Location of action: Site acreage: Present land use: 840 Old ~arbor Road, New Suffolk 1.145 ac. Docking Present zoning classification: R- 4 0 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: Frederic ~.ndemann (b) Mailing address: PO nox 7 4 5 Cu~hogue, NY 11035 (c) Telephone number: Area Code (). (d) Application number, if any: unknown Will the action be directly undertaken, require funding, or appro_val by a st~l~ or federal agency? Yes [] No [] If yes, which state or federal agency? lxlynml~C 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 mh~ .~.-,-,4~.~1- =~ p*-r~pn.~cl ,h,ll h=x~e nO impact "p9~ the "character" of the community~ shmll no~ imp~t opmn ~pm~ mhd m~k~ ~ , beneficial use of it's coastal location. It is felt that this project is consistent with this Policy. 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 The project as proposed .qhall have no impacts np~n fh~ hi~qtori~ or archaeological resources of the Town of Southold. It is felt that this project is consistent with this Policy. Attach additional sheets if necessary Policy 3. Enhance visual q,mllty and protect scenic resources throughout the Town of Southold. See LWRlf Section III - Policies Pages 6 through 7 for evaluation criteria [:~ Yes ~ No ~ Not Applicable The project as proposed shall have no impacts upon the visual quality or scenic resources of the Town. It is felt that this project is consistent with this Policy. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Sectio)l/lll - Policies Pages 8 through 16 for evaluation criteria ~'~ Yes ~-~ No ~-~ Not Applicable-- The shoreline at the project site is slowly erodinq into the ad_Ja~_ent "canal"_ ~{istoricallvo ovster shells had been placed on the eordinq bank to stabilize the shoreline. The shoreline has now further eroded and the shells are now beinq wasted into the canal. The project has been desiqned to be limited to the minimum size necessary to protect the site and vegetative methods have been included in the design to further protect the shoreline A~ch~dition~e~sifn~e~a~to mitigate the pro3ect. It is reit that this project is consistent with this ~olicy. Policy 5. Protect and improve water quality and supp~ in the Town of Southold. See LWRP S~fion II! - Poli/ies Pages 16 through 21 ~r evaluation criteria Yes ~ No [-~ Not Applicable · h~ prnj~m~ ~ propn~od ~h~]] have no negative impacts upon the quality or quantity of potable water in Southold Town. It is felt that this project is consistent with this ¢olicy. 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/F2 for evaluation criteria. L~ Yes [] No ~-~ Not Applicable The project as proposed should not result in the physical loss or deqradat~on of the ecological components of the canal, The project should not impact vulnerable fish, wildlife or plant species or any rare ecological communities. The proposed planting or intertidal marsh grasses (~partina Alterniflora) shall provide increased habitat. It is felt that this project is consist ent with this Policy. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 3/2 through 34 for evaluation criteria. [] Yes [] No [] Not Applicable The project as proposed shall have no impact upon air ~uality in the Town of Southold. It is felt that this project is consistent with this policy. 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 IH - Policies; Pages 34 through 38 for evaluation criteria. ~-~ Yes ~-] No~ Not Applicable-- It is felt that this Policy is not applicable to this proiect. Because the progect does nnf invn]v~ fh~ l~ ~ n~ of solid waste and hazardous substances and wastes. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ~//Ye~ No [] Not Applicable The project as proposed shall have no imoact upon the public access to or the recreation use of coastal waters public lands or the public resources of the Town of Southold Tt is f~lt thn~ ~h~ p~nj~ ~ consistent with this De!icy. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in s~/]~lgYes iocotious. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. [~ No ~ Not Applicable- The project as proposed shall have no negative impacts upon Southold's water-dependent uses. It is felt that this pro~ect is consistent with this POliCy. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Pecoulc Yesand Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [--] No ~-~ Not Applicable The project site currently promotes the use of living marine r~n,,rc~ in the Peconic Rav system. It is felt that this project is consistent with this Policy. 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 Since the project does not involve the use of agricultural lands~ it is felt that this Policy is not applicable to this pr~j eot _ Attach additional sheets if necessa*y Policy 13. Promote a~pproprlate use and development of energy and mineral resources. See LWRP Section III - Policies;~ages 65 through 68 for evaluation criteria. ~-~ Yes [-~ Nor-~lWl Not Applicable Since the pro~ect does not involve the development of or use or ener~v or mineral resources it is felt that this Policy is ncr applicable to Created on 5/25/05 11:20 AM -' SCALE I'"= 2'" T~P OF LUFF GRADE -~ ~ 10 ~ ~ AREA TO BE PLANTED W SPARTINA ALTERN iFOLIA : TOE OF BLUFF ~ Applicant proposes to resheath on the landward side, 36' of timber existing i bulkhead using vinyl sheathing, to construct 146' of low sill bulkhead using ~" vinyl sheathing with the top of the sheathing-8" below Apparent High Water ~ and to plant the area landward of the structure with Spartina altemiflora 12" ..' on center. During construction activities a "silt boom" shall be employed. i At a canal off of Schoolhouse Creek, New Suffolk, Town Of Southold, Suffolk County, New York ~ .... ~HW LW PROP, LOW SI LL BLKD, SHEET EOF 2_ 79'55'00" N 87'55'00" W RAMP ~/o/~ M£CHAEL ~AYNOR / / 145.0, ,% SURVEY OF PROPERTY SITUA T£ NEW SUFFOLK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C, TAX No. 1000-117-05-51.1 SCALE 1"--20' JUNE 22, 2009 AREA = 49,888 sq. 1.145 ac. PREPARED IN ACCORDANCE WITH THE MINIMUM DTANDARDS FOR SUCH USE BY TITLE N Y,S, Lic, No 50467 Nathan Taft Corwln III Land Surveyor PHONE (631)727-2090 Fox (631)727 1727 29-14~ , FFOLK PRO P, LOw ~ILL' SHED BLKD. AREA ~ BE pLANTED SPAI~TINA ALTI~IRI Applicant proposes to resheath on the landward side, 36' of timber existing bulkhead using vinyl sheathing, to construct 146' of low sill bulkhead using vinyl sheathing with the top of the sheathing 8" below Apparent High Water and to plant the area landward of the structure with Spartina alterniflora 12" on center. During construction activities a "silt boom" shall be employed. At a canal off of Schoolhouse Creek, New Suffolk, Town Of Southold, Suffolk County, New York· RAYNOR APPLICANT: FREDERIC .OCATION: 840 OLD HA/il]OR RD, 1 ~.C,TM~O fOO0 -117 -05 -51, I E NDE'MANN NEW SUFFOLK ,JJvl,O. ENVlRONME ~TAL CONDULTING o.,~,~,~.~. LKD RAYNOR APPROVED BY BOARD OF TRUSTEES TOWN OF SOUTHOLD DATE Applicant proposes to maintenance dredge a 145'x 25' area to -5' MLW, the resultant spoil approximately 130 c.y. o£ sand shall be utilized to backfill the bulkhead for plantings. At un-named dredged canal o~f of School House Creel New Suffolk, Town of Southold, Su~Tolk County, New York. APPLiCANT:FREDERIC F_ klDEMANN, LOCATION: B40 OLD HARBOR RD, NEW SUFFOLk' O^T~: 5 At~-il 'It J.£v,sEo 7~,PRIL'It $ERVICES, N,Y,