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Home My WebLink AboutTR-469B James F. Ki~, President Jill M. Dohert~, Vice-President Pes~ A. Dickerson Dave l~.s~t ~ohn HoL~pfel Town Hall 58095 Rou~ 2,5 P.O. Box 1179 Ii,mi,hold, New York 11971-0959 Telephone (6'$1) 765-1892 Fax (681) 761-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD APPLICATION FOR AN AMENDMENT TO A WETLAND PERMIT AGBNT PHONB ADDRESS Jill M. Doherty, President Bob Ghosio, Jr., Vice-President James F. King Dave Bergen John Bredemeyer 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 BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of BEIXEDON ESTATES ASSOC., INC. COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, .~/~/~'L ~t~ , residing at/dba ~"~ being duly sworn, depose and say: That on the ~i~ay of .1 ~ ~ ,2011, I personally pj~ted the property known as by placing the Board of Trustees official poster where it can easily be seen, a~d that I have checked to be sure the poster has remained in place for eight days prior to the date of the public heating. Date of hearing noted thereon to be held Wed, July 20, 2011 on or about 6:00 PM. Sworn to before me this [ f~ay ofJ~ ~t~20 / / Notary Public BETH CONNOR NOTARY PUBLIC, ,~,tate of New Y.._ork~ Qualified in New Yo,m. county Commission Expires~ - C-~ ¥ ~ PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Address: STATE OF NEW YORK cOUnTY SUFFOLK , residing at ~''~'3~ ~71::g~J~t'c~ ,~crr~o t~ being duly sworn, deposes and says that on the dayof -~q~-¥ ,20/1 ,deponentmailedatmecopyoftheNotice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll1 of the Town of Southold; that said Notices were mailed at the United States.Post Office at ,~x~_~, ~ , that said Notices.~-,~aile~,~ ea.~e o f said persons bY (certified) (registered) ~ai[ Sworn to before me this Dayof X.f~-g'r-~ , 20 ' ) Notary Public UNDA ~ VITALE l~blie, ~ate of New York 01¥14867754 Beixedon Estates Association Shoreline Restoration Dru Associates, Inc. 40 Hitching Post Ln. Glen Cove, NY 11542 516-676-7107 Revised: 4-16-2011 Prepared: 1-12-2011 Scale: 1"= 60' Lot 9 n/off Edward W. Graham Lot 8 n/off James F. Travers Lot 7 n/off Henry J. Latham B Lot 6 n/off Joan Kuchner Lot 5 n/o/f Alma Ilibassi & Bruno Ilibassi Lot 4 nlo/f Barbara J. Ball & Thomas J. Ball Rock Armor a rated Beach sand replenishment area = 10~O00,sf Sand volume approx. ~i~t3 cyds 0 40 80 $OUT~,~J TOWN OF ' [ DATE q l~OIl~ "L~ AND CO _TERMs 160 Feet Survey by Nathan Taft Corwin III February 11, 2008 Sections by Dm Associates Inc. October 2010 by Transit Level Beixedon Estates Shoreline Restoration Dru Associates, Inc. 40 Hitching Post Lm Glen Cove, NY 11542 516-676-7107 Revised: 4-16-2011 Prepared: 1-12-2011 ScaPe: 1"= 20' Survey by Nathan Taft Corwin III February 11, 2008 Sections by Dru Associates Inc. October 2010 by Transit Level +3 ¸ Rock armor +1 J ~k ~ to first ~'"~ '~ ~ waler I / -2~B, I AHW 2008 ~L 50 100 I [ ] I Proposed restoration 2010 bottom topo , I 200 Feet I NY APPROVED AND CO6 PERMIT NO..~. Restoration by re-setting surface stones after replenishing sand, with added sand as needed, followed'by replacing stones, with added stone as needed. ?~o Feet I ER TERMS :)NS oF / ,'k State Department of Environmental Conservation .~ of Environmental Permits, Region 1 ~ Stony Brook cie Road, Stony Brook, NY 11790-3409 ~ne: (631) 444-0365 · Fax: (631) 444-0360 ~bsite: www.dec.ny..qov Obiection/Modification Letter September 7, 2010 Beixedon Homeowners Association, Inc. P.O. Box 1432 Southold, N.Y. 11971 Attn: Mr. Howard Kalman Re: Application #1-4738-03959/00001 R.O.W. Arshamomaque Ave., Southold, N.Y. SOTM#1000-66-2-.6§ Dear Mr. Kalman: Alexander B. Grannis Commissioner JUL 2 0 2011 The Department of Environmental Conservation (DEC) has evaluated your application for a Tidal Wetlands permit to construct a rock revetment/rip rap seaward of the bulkhead. we object to your proposed rip rap structure because it fails to meet the standards for permit issuance listed in the Tidal Wetlands Land Use Regulations [6NYCRR Part 661.9(b)(1 )(i)] as outlined below. DEC finds that the proposed rock revetment does not comply with the use guidelines listed in the Tidal Wetlands Land Use Regulations [6NYCRR Part 661.5(b)(29)(30)]. The proposed rip rap placed seaward of the mean high water will result in the loss of salt marsh habitat via filling of approximately 500 sq ft of tidal wetlands. In addition, this pamel never had a permit for the rock armoring initially, thus any rock that is there now is technically a violation. W6 are suggesting an alternative. Remove the existing stone and store it upland while you apply for a beach renourishment project. (Please note: If the rock is to be stored to the east, then we would new surveys show that the mean high water has shifted back several feet seaward of the bulkhead, then we will consider a single row of stone to protect the bulkhead if it is still necessary. if you are still interested in pursuing this permit, then please submit 5 copies of the new plans for beach renourishment. If you should have any questions please call either Rob Marsh or Alexa Fournier at 444-0275. Sincere~cC ~ Ma~ acKinnon Agency Program Aide cc: Habitat-'l-W, File,(3~/H 4Yeaes of st~w~rdskip rk State Department of Environmental Conservation n of Environmental Permits, Region 1 ~ Stony Brook ,cle Road, Stony Brook, NY 11790-3409 ~ne: (631) 444-0365 · Fax: (631) 444-0360 /ebsite: www.dec.n¥..qov Objection/Modification Letter September 7, 201.0 Mr. Thomas J. Ball PO Box 1708 Southold, N.Y. 11971 Alexander B. Grannis Commissioner Re: Application #1-4738-00148/00003 1890 Arshamomaque Avenue, Southold, N.Y. SCTM#1000-66-2-46 Dear Mr. Ball: The Department of Environmental Conservation (DEC) has evaluated your application for a Tidal Wetlands permit to construct a rock revetment/rip rap seaward of the bulkhead. ' We object to your proposed rip rap structure because it fails to meet the standards for permit issuance listed in the Tidal Wetlands Land Use Regulations [6NYCRR Part 66!.9(b)(1)(i)] as outlined below. DEC finds that the proposed rock revetment does not comply with the use guidelines listed in the Tidal Wetlands Land Use Regulations [6NYCRR Part 661.5(b)(29)(30)]. The proposed dp rap placed seaward of the mean high water will result in the loss of salt marsh habitat via filling of approximately 500 sq ft of tidal wetlands. In addition, this will interfere With public access of the beach We are suggesting an alternative. Remove the existing stone and store it upland while you apply for a beach renourishment project. Once new sand is placed, and new surveys show that the mean high water has shifted, back several feet seaward of the bulkhead, the old rocks may be re-set in a single erosion. If you require further protection of upland property then a new bulkhead with deeper sheathing and piles may be installed in place of the existing bulkhead. If you ara still interested in pursuing this permih then please submit 5 copies of the new plans for beach renourishment. If you should have any questions please call either Rob Marsh or Alexa Fournier at 444-0275. SJncere~x~ ~ ~a~MacKinnon ~,gency Program Aide :c: Habitat-TW~W H Ecological Sdence for a Changing World June 16, 2011 Memo to: Beixedon Estates Association From: Dr. R.W. Abrams, CEP Re: Progress on Plan for Beixedon Estates shorefront stabilization Dm Associates, Inc. has been engaged to resolve the need for beachfrom stabilization along the shoreline of Beixedon Estates. Based on background research in October and January, it has been decided with NYS DEC that the approach to resol-dng this case is a two step process. It is important to establish some facts at the outset. The eastern potion of the site along the existing bulkhead is the area of initial concem because any sand re-nourishment in the western section can only be stable if the eastern-most scour forces are controlled. At present, the mean high water line scours at and along the bulkhead, amplifying the forces removing sand. Real stabilization requires a stable shoreline at the bulkheads Eh-st, and then beach re-nourishment has a chance to succeed. Accordingly, it is the DEC's position that the tidal wetland line as established in 2008 on a survey by Nathan Taft Corwin II is the mean high water line as of 2008. Re-establishing this jurisdictional line requires raising the sand elevations along the bulkhead by up to 2 feet. This position is taken because, through permits from the Town and DEC, the bulkhead was intended to be protected by a line of boulders set upon the sand elevations that existed before changes to the shoreline occurred. These changes occurred m':ter the extension/rehabilit ation of the jetty/groin now located to the east of the Creek. J In other words, the DEC recognizes that those changes affected the beach, removing sand at a ~ faster rate than would have occurred without the changes, and that this dynamic condition resulted in the slouEhing of the stone armor as sand was washed from beneath the stone. Accordingly, and as expressed in a letter from DEC to applications for replacing the stone, the DEC wants that 2008 tidal wetland line m-established by bringing in sand all along the bulkhead 40 Hitching Post Lane, Glen Cove, New York, USA 11542 516 676-7107 Beach Rd., Empire Flats, Apt S002, Muizenberg, 7945, South Africa Mountain Ponds, 24 Eagle Drive, W'dmington, VT 05363 -~27 21 788 4246 Ecological Sdence for a Changing World to the point where stone was originally permitted. Then, the stone is to be repositioned to protect the bulkhead. In a series of exchanges with DEC staff, it has been agreed, and a permit has been issued for replacing the sand and stone along the bullaheads to the conditions approved in prior ponnits. This work is entirely by the owners along the shoreline and would be required before any new permits or solutions can begin for the broader issue of maintaining a useable beach. Once this rehabilitation of the shoreline along the btflkhend has been accomplished, Dm ~ Associates has been asked by DEC to install staff gauges (Task 1) to monitor the movement of~ sand and repmt to DEC (Task 2). It is Dm Associates opinion from field work to date that the sand is actually not moving far from 'home', but rather is spreading out seaward to shallow the whole shoreline. It is DEC's position, and Dm Associates concurs, that the con~nual movement of sand is an adverse impact to the nearshore ecological conditions. This continual sand loss is also a threat to shoreline stability and is clearly not acceptable to the Beixedon Estates beachgoers~ Moreover, NYS DEC does not believe that yearly sand replenishment is the best solution, for the environment orthe landowners. Therefore, if the staff guage monitoring confu'ms that the nenrshore water flows will continue to remove sand at a high rate, DEC is prepared to negotiate with Dm Associates (Task 3) over a more l~m~tnent solution. It has been noted that historic stmotures once helped this shoreline, and now that all of those conditions have changed to the detriment of the shoreline, it may be necessary to reconsU'uct some form of protection, with new pcmfits from rite agencies (Task 4). That decision wffi follow the first stage, restoring the 2008 elevations, and monitoring the results. 40 Hitching Po~t Lane, Glen Cove, New York, USA 11542 Beach Rd., Empire Flats, Apt S002, Muizenberg, 7945, South Afl'ica Mountain Ponds, 24 Eagle Drive, Wilming~en, VT 05363 516676-7107 +27 21 788 4246 Ecological Science for a Changing World Future Association Con~nltin~ T~lc~ and Costs Estimates Install staff gauges (Task 1) to monitor the movement of sand (Task 2), and to seek a long term soluOon and obtain permits for same. Tasks Description Timeframe Costs Task 1 Install staff gauges Summer 2011 $1,650 Task 2 Sand pemait application Summer 2011 Task 3 Monitor gauges Summer 2011-2012 $2,500 Task 4 Research permanent solution Fall 2012 $4,500 Task 5 Structure permits W~mter 2012-13? $8,250b a. This fee would cover re-applying for the sand p~mit already on record, making use of the existing record to request continuation of a prior permit. b. These costs do not include multiple hearings or appengances at the Town Trustees, a process which can be onerous if opposition exists that cannot be negotiated reasonably. Please tmdemtaud, these estimates are made without knowing if the agencies will require any complicated analyses. These estimates are based on using historic aerial photo~, coastal surveys already on file with NOAA and the State, and our general experience with shoreline work for Task 3, but additional costs may become necessary, ff so, Dm Associates would recommend to the Association that they apply for (with our help) a US EPA Technical Assistance Ca',mt (which Dr. Abrams has obtained for such groups as the City of Glen Cove Environmental Task Force), which enable a homeowner group to hire experts in cases that merit such efforts. These grants are not available for the early stages of this work, but if the sand monitoring demonstrates that the beach erodes every year, and if DEC agrees with the report of the monitoring (Task 2), then a grant may be possible. 40 Hitching Post Lane, Glen Cove, New York, USA 11542 Beach Rd., Empire Flats, Apt S002, Muizenberg, 7945, South Africa Mountain Ponds, 24 Eagle Drive, Wilmington, VT 05363 516 676-7107 +27 21 788 4246 DEPARTMENT ENVIRONMENTAL CONSERVATION - (D.E.C.) SUNY STONY BROOK - 50 CIRCLE ROAD - STONY BROOK, NY 11790-2356 A]-~: MS. ALEXA FORNIER - MARINE HABITAT PROTECTION DATE: AUGUST 25TM 2010 CC: ROB MARSH - MARINE HABITAT PROTECTION ! ROGER EVANS - REGIONAL PERMIT ADMINISTRATION ! MARY MACKINNON - PERMITS DEPARTMENT RE: REC~UEST FOR AMENDMENT TO WETLAND PERMITS #469 -homeowners- (KUCHNER, BALL, ILIBASSI); PERMIT #4138 -homeowner-(LATHAM); PERMIT# "469B' - in the homeowners association name of 'BEIXEDON ESTATES ASSOCIATION INC." ( * NOTE -THIS SUFFOLK COUNTY TAX MAP # 66-2-47 TAX ID CURRENT OWNER OF RECORD IS - ESTATE OF GRACE R. NICKLES C~O JOHN NICKLES EXECUTOR ) -THIS LAND AND SUBSEC~UENT 'WETLAND PERMIT' IS NOT OWNED OR SHOWN AS THE EXISTING SCTM ID OF RECORD - NOR IS THIS TAX ID IN "BEIXEDON'S' NAME - BEIXEDON ESTATES ASSOCIATION INC. IS A SEPERATE "HOMEONERS ASSOCIATION" FILED WITH A NEW YORK STATE CORPORATION - DATE INC. 9~19~1947. MS. FORNIER, BASED ON OUR NUMEROUS TELEPHONE CONVERSATIONS AND SUBSEC~UENT SITE VISIT WITH MR. MARSH ALSO FROM THE D.E.C. TO THE ABOVE REFERNCED PROPERTIES ON ARSHAMOMAC~UE LANE; BETWEEN ARSHAMOMAQ. UE AVENUE TO THE WEST AND ROGERS ROAD TO THE EAST - - THAT BEING "BEIXEDON BEACH A (rogers road) AND BEACH B (frontin§ arshamomaque avenue - right of way -for ingress and egress westerly portion of BEACH B. I THANK BOTH YOU AND MR MARSH FROM THE D.E.C. FOR THE SITE ANALYSIS AND IN DEPTH PROFESSIONAL EXPERT ANALYSIS REGARDING THE CURRENT HOMEOWNERS ASSOCIATIONS CONCERNS FOR THIS ILL-ADVISED AND HAZARDOUS REQUEST TO "STONE ARMOUR" AND INSTALL "RIP-RAP" OF ~ TO I "TON" STONE ARMOUR IN FRONT OF THE EXISTING BULKHEADS OF THE ABOVE REFERENCED WATERFRONT HOMEOWNERS. AS WAS SEEN FROM YOUR VISIT AND SITE ANALYSIS THE EXISTING HOMEOWNERS 'ALREADY' HAVE STONE ARMOURING AND THESE EXISTING BOULDERS ALREADY PROTRUDE UP AGAINST AND ARE SUBMERGED BELOW WATER DEPTH AT BOTH MEAN HIGH TIDE AND PROTRUDE INTO THE WATER AND ARE EXPOSED AND SUBMERGED BELOW MEAN LOW TIDE. FURTHERMORE, THEIR CURRENTLY IS NO SAND TO WALK BY OR THROUGH THESE EXISTING ROCKS AND BOUI. DERS~ AT ANY TIME OF THE TIDE, NOR IS THEIRA BUFFER ZONE OF SAND OF 15-20 FEET TO NAVIGATE THROUGH THIS AREA EITHER BY FOOT OR ON WATER TO NAVIGATE TO GETTO BEACH ATO BEACH B IN ITS CURRENT EXISTING STATE. PLACING MORE ROCKS AND "BOULDERS" OF A TON MORE ON EACH BUI,KHEAD WILL RESUI,T IN MAKING THIS A VERY HAZARDOUS AREA AND UNSAFE FOR THE HOMEOWNERS ASSOCIATIONS CHII,DREN AND ADULTS TO USE AND ACCESS THE BEACHES IN ADDITION TO RISKING BODILY INJURY. I HAVE ENCLOSED FOR YOUR REVIEW CERT. COPIES OF THE NOVEMBER 24, 1987 PUBLIC HEARING MINUTES OF THE TOWN OF SOUTHOLDS TRUSTEES REGARDING THEIR INITIAL CONCERNS AND WARNINGS OF THESE VERY ROCK REVETMENT PLACEMENTS BY THE HOMEOWNERS CONSULTANTS, THAT BEING EN-CONSUI,TANTS, INC. MR. ROY HAJE, THEN PRES. AND I CtUOTE "the bulkheads and stone revetment armourin§ --- will be considerably above the high water line so that it will provide protection for storms. It wouldn't be touched really on a normal high tide area. We put it back a considerable distance as a protected feature ." END CtUOTE ! WHEN ASKED BY SOUTHOI,D TOWN TRUSTEE BREDEMEYER OF THE TRUSTEES CONCERN FOR THE LOSS OF PROPERTY AND BEACH SAND TO MR. HAJE REPRESENTING THE HOMEOWNERS (BALL~ FREEDMAN~KUCHNER, AND II,IBASSI) AND I C~UOTE "the lines that you had staked (300 linear feet of the 3 homeowners)~ seemed to have an awful lot of loss of property. The concern was, was it §oin§ to project a lot of wave ener§y if there is a storm?" TO WHICH MR. HAJE REPLIES AND I O. UOTE "I don't think that it would be §ettin§ the toe scour." TO WHICH WHEN FURTHER CtUESTIONED REGARDING THE BUI,KHEADING DISTANCE UPLAND AND THE SUBSEC~UENT ROCK REVETMENTS TO BE IN PLACE; MR. HAJE STATES AND I CtUOTE "the revetments are fine, but the kids climb all over them and get hurt, ankles, etc." END QUOTE. THE REASON I AM INCLUDING A COPY OF THESE HEARING MINUTES AT THE INITIAL MEETING IS TO EMPHASIZE THE SCOPE AND ADVERSE IMPACT THIS "STONE ARMOURING" HAD DURING THE INITIAL ANALYSIS AND WARNING OF CONCERNS OF SAFETY AND BEACH EROSION THAT THE SOUTHOLD TOWN TRUSTEES HAD WHEN PRESENTED WITH THE 3 HOMEOWNERS APPLICATIONS FOR BULKHEADING. FUERTHERMORE, THE HOMEOWNERS AS A WHOLE - THAT BEING -" BEIXEDON ESTATES HOMEOWNERS ASSOCIATION "MEMBERS WERE NEVER NOTIFIED EITHER BY LETTER, E-MAIL, TELEPHONE, NOR BY SPECIAL MEETING AS IS REQUIRED FOR IN OUR CONSTITUTION, THATAN AMENDMENT FOR A WETLAND PERMIT WAS BEING APPLIED FOR IN THE ASSOCIATIONS CORPORATE NAME. WHICH IS INCORRECT PROCEDURALLY AS PER THE SOUTHOLD TOWN ATTORNEY'S OFFICE ELIZABETH CANTRELL ESQ. ASSISTANT TOWN ATTORNEY FOR TRUSTEES AND LAUREN STANDISH, SECRETARIAL ASSISTANT TOWN OF SOUTHOLD. ON BEHALF OF MYSELF AS A PAST PRESIDENT OF BEIXEDON ESTATES HOMEOWNERS ASSOCIATION 2004-2006; AND ON BEHALF OF MR. TOM PETROSINO ALSO A PAST PRESIDENT AND NOW CURRENT BOARD OF DIRECTOR OF BEIXEDON ESTATES; WE ONCE AGAIN THANK YOU FOR YOUR RECENT SITE VISIT PERTAINING TO THIS AREA AND MA1-FER AND BOTH OF US MEETING YOUR AGENCY IN PERSON. THE AMENDMENTS TO THESE WETLAND PERMITS AS REFERENCED ABOVE IN THiS WRITING ARE OF GRAVE CONCERN TO THE SAFETY OF THE BEACH COMMUNITY AND TO THE ALREADY HARDENING OF THE SHORELINE FRONTAGE. THIS APPLICATION WOULD FURTHER EXACERBATE THE ONGOING EROSION THAT THESE BULKHEADS HAVE BROUGHT UPON THEMSELVES SINCE BEING INSTALLED IN 1988. PLEASE SEE HEREIN INCLUDED ..... supreme court, S~Jffolk county memorandum ..... Thomas Ball and Harriet Freedman (petitioners) against NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION and John Nickles; Beixedon Estate Property Owners' Association (respondents) INDEX NO. 03-29538 DATED APRIL21, 2005 HON. PETER FOX COHALAN RULING FOR "RESPONDENTS" affidavit #15 and #16 ! #16). "so, to the extent there has been erosion of properties to the west of Nickles' jetty over the last few years, the evidence strongly suggests that it has been caused by the deterioration of the existing jetty and the presence of bulkheads on the westerly properties. The fact that the westerly properties are bulkheaded has only accelerated the rate of erosion. ! #15). In 1987 Petitioner Ball applied to the Southold Town Board for a permit to install bulkheads on his property. At the time the Board specifically warned Ball that bulkheads cause loss of beach profile and beach elevation. During the public hearin§ (for Nickles permit), even Petitioner Ball and his representatives agreed that bulkheads worsen erosion. PLEASE ALSO SEE 'NYSDEC" MARINE BIOLOGIST - CHRISTFRIED ARFSTEN---AT THE BUREAU OF MARINE HABITAT D.E.C. - IN HIS AFFIDAVIT OF THE ABOVE REFERENCED SUPREME COURT RULING page no. 4 .........Arfsten also avers that based on a review of historical photographs and his opinions that the bulkheading at petitioners* (ball) properties interferes with littoral drift, he concluded that this bulkheading contributed to their erosion. CLEARLY THIS AMENDMENT REO. UEST TO FURTHER ARMOUR THE BULKHEADED PROPERTIES WILL RADICALLY DEPLETE SAND AND HARDEN THE SHORELINE OF BEIXEDONS BEACHES. I RESPECTFULLY REMAIN, JOHN G. STEIN uea violation shall co~-' YX 16 and floating dock 6'X 20', with the float secured oy up to four 8" dia Mattltuck~ SCTM#139-1-4.2 erty hne;47.T of bulkhead will be recon- structed along the southern bulkhead line; 96,2' of bulkhead will be recon- structed along the eastern bulkhead line. Place approx. 110 cy. of fill landward of the bulkhead t~ meet existing grad~ and beach Lane; East ~.p- PLACE AND W1LL BE GIVEN AN OPPORTUNITY TO & HAC! BE HEARD. APPLICATIONS MAY g request a Wetland Permit BE REVIEWED AND COIVlMENTS and Coastal Erosion Permit to construct MAY BE SUBMI 1 1 ED IN WRITING an addition [o the existing dwelling re~ UP TO 24 HOURS PRIOR TO THE move existing wester y beach stairs and HEARING. dec. k, replace existing wood. deck Io- Dated: May 27 2010' ~led on~the, north-xide of ~ dwelling Jill ..... ' ~ad~ ~-~o[~h~t;i~re~i~d% [ h~? un Board of Town Trustees : ~ ~ ng~l~l~o,l~'rem~ve~i:audre- 9797 IT6 &BILITY of this Local Law shall an? court of competent ae invalid, the judgmenh the '/aridity of this law a: part there6f other thru 1726 Arshamomaque Lane. Southold, SCTM#66-2-44 / 8. BAR~BARA & THOMAS BALL requests an Amendment to Wetland Permis ~it~ in~fallt~.ll~l~ to 1 ton stone armor in fi~ont eO~e~tthg butk- ~head. Lg~ated: 1890 Arshamo~xaque %one, Solgthold, ~ 9. BRLr~"~ASSl~reqhests an · Amendment to Wetland Permit install~ to 1 ton stone armo{ in front of the existing bulkhead, Located: 1728 Atshamomaque Lane. Southolc Secretary of State of New York on May ~. 2010. Office Location: Suffolk Coun- The Secretary of State of New York des/gnat~d as agent '~f~ LLC upon Ora precess against it thay be served. e Se~retai'y 0f Stat~ o[b!ev) York shall fl copy of pro~&ss i0: The LLC c/o 'the )mpany. 645 ¥illage Lane, Orient. Ne w )rk H957. Purposes: To engage in any and ali ~wful act or activity for which'a limited liability company may be organized un- der the LLCL. SCTM#66-2-45 9802-6T 6/3,10,17 24; 7/1, 8 10. STEPHEN LATHAI~ request~ an , LEGAL NOTICE Articles Of Organization Of OMH } of the Limited Li OMH rhe county of the 15 2010 at 7 40:pan; · for the p~se of. to recoa~tguct the foundation and reno- lic heatlfig i~elafi0n vate the existing Cwelgng, remove and ~ of faeili~ 6f lh~ replace the existing sanitary system, and ~ trim t~¢ pll_a, gmitea t~ I2" in height as , , fencmg;p~¥e~edt;' u~(~5~9 6:9&14 md oth~g Si~ f~a~r~ W, ~'t~x~ ~(~JOgl~'~L requ~s~ a ~ting se~.vehg~r V~aste eda~i_~l~)~-.l~6'ebb~ct h 5!X i0' Secretary of State designated as agent of the limited upon whom process be served. The address '~,vithin or without this state to which the Secretary of State shall mail a copy ?f any process against the limited liabil lty company served upon hkn or her is: Bradley P. Forst, Esq., Tiffany & Boseo EA., Camelbeck ~ Esplanade II_252~ ' ~amelback Road, 3rd Fi,~~ 85016/s/Bradley ~ F Hotmail - john_g_stein~hotmail.com - Windows Live Page 1 of 1 Windows LiveTM Hotmail Messenger SkyDrive I MSN Hotmail Inbox (824) Folders Junk (22) Drafts (3) New I Reply Reply all Forward I Delete Mark as · Move to · Re: Right Of Way/R.O.W. - Back to messages Arshamomaque Ave, Southold - ( Beixedon Staircase) / Aug 25th 2010 letter - Tax Map ID East of R.O.W. - John J. Nickles Sent To see messages related to this one, group messages by conversation. Deleted (3) New folder Quick views Flagged Photos (11) Office docs (19) Shipping updates Messenger Sign in to Messenger John Stein To rxeva ns@gw.dec.state.ny, us i attachment (15.5 KB) I~ DEPARTMEN..docx View online Download (1S.S KB) Download as zip 6/23/11 Reply · Hotmail Active View Home Contacts Calendar ,¢ 20:L1 Microsoft Roger Evans - Regional Supervisor/Permit Administration: Thank You our most recent telephone conversation this a.m. 6/23/2011. As discussed here is the letter regarding the clarification of the landowners and previous supreme court cases regarding the Right of Way staircase at Arshamomaque, submitted to Alexa Fournier & Rob Marsh ( Marine Habitat ) at the Stony Brook DEC office on 8/26/2010. I can't stress enough how professional and helpfull they were in expediting and "Clarifying" this Amendment to Wetland Permit. I further thank you for sharing my mutual concern of the ~, incorrect wording and assumptions, of the "Dru Associates Inc" evironmental memo dated June 16, 20'il and its statements of findings - that being" DEC recognizes that those changes affected the beach "re: past Supreme court decisions - and Appelate decisions to the "Contrary" Please find herein as an attachment the 8/25/20.10 letter. Thank you again for your timely ~ response back to,me- John G ste n,(5i6) 767-6922 / Cell (917) Terms ~'rivj]~f~_3~ut our aos Advertise Deve,opers Help Center Feec free st onlin New I Reply Reply all Forward I Delete Mark as · Move to · http://bl149w.blu 149.mail.live.com/mail/lnboxLight.aspx?n=823962090 7/20/2011 Beixedon Estates Association Shoreline Restoration Dru Associates, Inc. 40 Hitching Post Ln. Glen Cove, NY 11542 516-676-7107 Revised: 4-16-2011 Prepared: 1-12-2011 Scale: 1"= 60' Lot 9 n/o/f Edward W. Graham Lot 8 n/o/f James F. Travers Lot 7 n/o/f Henry J. Latham B Lot 6 n/o/f Joan Kuchner Lot 5 n/o/f Alma Ilibassi & Bruno Ilibassi Lot 4 n/off Barbara J. Ball & Thomas J. Ball Exi Rock Armor at to rehabilitated Beach sand replenishment area = 10,000 Sand volume approx. 2000 cyds 0 40 80 160 Feet I I I ~ I ~ t I I Survey by Nathan Taft Corwin III February 11,2008 Sections by Dru Associates Inc. October 2010 by Transit Level Beixedon Estates Shoreline Restoration Dru Associates, Inc. 40 Hitching Post Ln. Glen Cove, NY 11542 516-676-7107 Revised: 4-16-2011 Prepared: 1-12-2011 Scale: 1"= 20' Survey by Nathan Taft Corwin III February 11, 2008 Sections by Dru Associates Inc. October 2010 by Transit Level 200 Feet Proposed restoration 2010 bottom topo B I Rock armor r__ to % / I ~HW 2000 ~ 50 100 I I ~ I I N¥$ APPROVED A AND CON{: PERMIT NO..~ DATE.~ 200 Feet I ~ I Restoration by re-setting surface stones after replenishing sand, with added sand as needed, followed by replacing stones, with added stone as needed. New York State Department of Environmental Conservation Division of Environmental Permits, Region One SUNY ~} stony Brook, 50 Circle Road, Stony Brook~ NY 11790-3409 Phone: (631) ~??.-0362 Fax: (631) 444-0360 Website: www.dec.n¥.,qov May 24,2011 Joe Martens Commissioner Beixedon Estates Associationlnc. P.O. Box1432 Southold, NY 11971 Re: Permit No.: 1-4738-03959/00001 Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621)we are enclosing your permit. Please carefully read all permit conditions and special permit conditions contained in the permit to ensure compliance dudng the term of the permit. If you are unable to comply with any conditions please contact us at the 3bove address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. MAM/Is Sincerely, MacKinnon Agency Program Aide - · NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION 'Facility DEC ID 1-4738-03959 PERMIT Under the Environmental Conservation Law (ECL) Permittee and Facility Information Permit Issued To: BEIXEDON ESTATES ASSOCIATION INC PO BOX 1432 SOUTHOLD, NY 11971 Facility: BEIXEDON ESTATES ASSOCIATION INC ARSHAMOMAQUE AVE R.O.W. SOUTHOLD, NY 11971 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Village: Southold Facility Principal Reference Point: NYTM-E: 717.71 NYTM-N: 4549.41 Latitude: 41o04'00.6'' Longitude: 72°24'31.9'' Project Location: R.O.W. Arshamomaque Avenue - Watercourse - Great South Bay Authorized Activity: Rehabilitate the rock revetment seaward of the bulkhead by installing a single row of stone approximately 1,000 pounds in size and underlain with filter fabric. Replenish the beach area with compatible (equal or larger) grain size sand. No sand shall be placed seaward of the mean low water. All work must be in accordance with the two page plan prepared by Dm Associates Inc., dated 1/12/11 last revised 4/16/11 and stamped NYSDEC approved 5/24/11. (MAM) Permit Authorizations Tidal Wetlandg - Under Article 25 Permit 1D 1-4738-03959/00001 New Permit Effective Date: 5/24/2011 Expiration Date: 5/23/2016 Water Quality Certification - Under Section 401 -Clean Water Act Permit ID 1-4738-03959/00002 New Permit Effective Date: 5/24/2011 Excavation & Fill in Navigable Waters - Under Article 15, Title 5 Permit ID 1-4738-03959/00003 New Permit Effective Date: 5/24/2011 NYSDEC Approval Expiration Date: 5/23/2016 Expiration Date: 5/23/2016 By acceptance of this permit,, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and all conditions included as part of this permit. ~RDeputy Re~strator~ Permit Administrator: JOHN A WIELANE Address: NYSDEC REG~ sUN¥ @ s .T, ONY Authorized Signature:~ Page 1 of 5 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID. 1-4738-03959 Habitat - ~ MARY A MACKINNON Distribution List Permit Components NATURAL RESOURCE PERMIT CONDITIONS WATER QUALITY CERTIFICATION SPECIFIC CONDITION GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following I Permits: TIDAL WETLANDS; WATER QUALITY CERTIFICATION; EXCAVATION & FILL IN NAVIGABLE WATERS I. No Interference With Navigation There shall be no unreasonable interference with navigation by the work herein authorized. 2. Conformance With Plans All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or applicant's agent as part of the permit application. Such approved plans were prepared by Dru Associates Inc. dated t/12/11 last revised 4/16/11. 3. State Not Liable for Damage The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from f~ture 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. 4. State May Require Site Restorati°n If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 5. State May Order Removal or Alteration of Work 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 flee navigation of said waters or flood flows o~ 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 Page 2 of 5 hEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-03959 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. 6. Precautions Against Contamination of Waters All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. 7. Notice of Commencement At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and retum 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. 8. No Construction Debris in Wetland or Adjacent Area Any debris or excess material from construction of this project shall be completely removed from the odjacant area (upland) and removed to an approved upland area for disposal. No debris is permitted in wetlands and/or protected buffer areas. 9. No Disturbance to Vegetated Tidal Wetlands Them shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activities. 10. Storage of Equipment, Materials The storage of construction equipment and materials shall be confined to the upland area landward of the bulkhead or on a barge. 11. No Beach Excavation For Fill No excavation of the beach is authorized for the purpose of obtaining fill or stone materials. 12. No Dredging or Excavation No dredging, excavating or other alteration of shoreline or underwater areas is authorized by this permit, nor shall issuance of this permit be construed to suggest that the Department will issue a permit for such activities in the future. 13. Bulkhead Armoring The authorized bulkhead armoring shall consist of a single row of stone approximately 1,000 lb. in size and underlain with filter fabric. 14. Material All material deposited on the beach shall be of compatible (equal or larger) grain size to the naturally-occurring beach. No sand shall be placed seaward of mean low water. WATER QUALITY CERTIFICATION SPECIFIC CONDITIONS I. Water Quality Certification 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. Page 3 of 5 'NEw YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-03959 GENERAL CONDITIONS - Apply to ALL Authorized Permits: 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 Depa~'hnent) 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 Departmerit representative is a violation of this permit. 2. Relationship of this Permit to Other Department Orders find Determinations Unless expressly provided for by the Depa~hnent, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Depa~ tment or any of the terms, conditions or requirements contained in such order Or determination. 3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a separate written application to the Department for permit renewal, modification or transfer of this permit. Such application must include any forms or supplemer/tal information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. Submission of applications for permit renewal, modification or transfer are to be submitted to: · Regional permit Administrator NYSDEC REGION 1 HEADQUARTERS SUNY ~ STONY BROOKI50 CIRCLE RD STONY BROOK, NYl 1790 -3409 4. Submission of Renewal Application The permittee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations: Excavation & Fill in Navigable Waters, Tidal .Wetlands, Water Quality Certification. 5. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the fight to modify, suspend or revoke this permit. The grounds for modification, suspension or revocation include: at materially false or inaccurate statements in the permit application or supporting papers; 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; Page 4 of 5 "NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-03959 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. 6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or another peimit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemuification The permittee, 9xcepting state or federal agencies, expressly agree~ to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in Connection with the permittee's undertaking of activities 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 Rules or any citizen suit or civil fights 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 pcrmittee'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 thc permittce. 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 thc 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 thc permit. Page 5 of 5 Lot 9 n/o/f Edward W. Graham Lot 8 n/o/f les F. Travers Lot 6 n/o/f Joan Kuchner Lot 5 n/o/f Alma Ilibassi & Bruno Ilibassi Lot 4 n/o/f Barbara J. Ball & Thomas J. Ball Lot 7 n/o/f ryJ. Latham B Rock Armor a ~nishment area = 10,000 sf Sand volume approx 2000 cyds 0 40 80 I,, I I ~ I I I 160 Feet i I Survey by Nathan Taft Corwin III February 11, 2008 Sections by Dru Associates Inc. October 2010 by Transit Level A +4 Ro¢~ armor Proposed restoration ~!~!~ i,mtum mpo 2010 bottom topo ., / wale, 0 ~ ~~----' --~ .... -2 ' ' ~' ' - APPROVED AS PER TERMS , AND CON~D!TIONS ~ /' PERMIT N O. ~~'~,~, ~ DATE_~~c~'/ ~':/:.'~L/' ~ AHW 2008 5O 100 j... ..J. 200 Feet tin III Inc. vel Restoration by re-setting surface stones after replenishing sand, with added sand as needed, followed by replacing stones, with added stone as needed.~ Ecological Science for a Changing World June 9, 2011 Town of Southold Trustees Office 53095 Ronte 25 P.O. Box 1179 Southold, New York 11971 Re: Beixedon Associates, wetland permit Dear Lauren: Dru Associates has been assisting the homeowners at Arshamomaque Ave to resolve with NYS DEC the repair of the stone armor placed along the bulkhead frontage of their beach. Enclosed are the permits issued by NYS DEC for this work. The background drawings are based on the same Nathan Taft Corwin III survey and plans referenced in the Town's resolution for the wetland approval for these properties from June 16, 2010. I submit these to complete the record for this work. Sincerely, Dr. Ron Abrams, CEP 40 Hitching Post Lane, Glen Cove, New York, USA 11542 Beach Rd., Empire Flats, Apt S002, Muizenberg, 7945, South Africa Mountain Ponds, 24 Eagle Drive, Wilmington, VT 05363 516 676-7107 +27 21 788 4246 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-03959 PERMIT Under the Environmental Conservation Law (ECL) Permittee and Facility Information Permit Issued To: BEIXEDON ESTATES ASSOCIATION INC PO BOX 1432 SOUTHOLD, NY 11971 Facility: BEIXEDON ESTATES ASSOCIATION INC ARSHAMOMAQUE AVE SOUTHOLD, NY 11971 JL;X, Facility Location: in SOUTHOLD in SUFFOLK COUNTY Village: Southold Facility Principal Reference Point: NYTM-E: 717.71 NYTM-N: 4549.41 Latitude: 41°04'00.6" Longitude: 72°24'31.9"` Project Location: R.O.W. Arshamomaque Avenue - Watercourse - Great South Bay Authorized Activity: Rehabilitate the rock revetment seaward of the bulkhead by installing a single row of stone approximately 1,000 pounds in size and underlain with filter fabric. Replenish the beach area with compatible (equal or larger) grain size sand. No sand shall be placed seaward of the mean low water. All work must be in accordance with the two page plan prepared by Dru Associates Inc., dated 1/12/11 last revised 4/16/11 and stamped NYSDEC approved 5/24/I 1. (MAM) Permit Authorizations Tidal Wetlands - Under Article 25 Permit ID 1-4738-03959/00001 New Permit Effective Da(e: 5/24/2011 Expiration Date: 5/23/2016 Water Quality Certification - Under Section 401 - Clean Water Act Permit ID 1-4738-03959/00002 New Permit Effective Date: 5/24/2011 Excavation & Fill in Navigable Waters - Under Article 15, Title 5 Permit ID 1-4738-03959/00003 New Permit Effective Date: 5/24/2011 Expiration Date: 5/23/2016 Expiration Date: 5/23/2016 NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and all conditions included as part of this permit. Permit Administrator: JOHN A WIELANi Address: NYSDECsuNY Authorized Signature: Page 1 of 5 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION nimr Facility DEC ID 1-4738-03959 Distribution List Habitat - TW MARY A MACKINNON Permit Components NATURAL RESOURCE PERMIT CONDITIONS WATER QUALITY CERTIFICATION SPECIFIC CONDITION GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: TIDAL WETLANDS; WATER QUALITY CERTIFICATION; EXCAVATION & FILL IN NAVIGABLE WATERS 1. No Interference With Navigation There shall be no unreasonable interference with navigation by the work herein authorized. 2. Conformance With Plans All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or applicant's agent as part of the permit application. Such approved plans were prepared by Dru Associates Inc. dated 1/12/11 last revised 4/16/11. 3. State Not Liable for Damage The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall acome from any such damage. 4. State May Require Site Restoration If upon thc expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to thc State, and to such extent and in such time and manner as the Depastment of Environmental Conservation may require, rernove all or any portion of the uncompleted structure or fill and restore thc site to its former condition. No claim shall be made against thc State of New York on account of any such removal or alteration. $. State May Order Removal or Alteration of Work 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 Page 2 of 5 NE.W YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-03959 expense to the State, and to such extent and in such time and manner as the Depar~nent 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. 6. Precautions Against Contamination of Waters All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, lcachate or any other environmentally deleterious materials associated with thc project. 7. Notice of Commencement At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return thc 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 bc signed and returned, along with photographs of the completed work. $. No Construction Debris in Wetland or Adjacent Area Any debris or excess material from construction of this project shall be completely removed fi.om the adjacent area (upland) and removed to an approved upland area for disposal. No debris is permitted in wetlands and/or protected buffer areas. 9. NO Disturbance to Vegetated Tidal Wetlands There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activities. 10. Storage of Equipment, Materials The storage of construction equipment and materials shall be confined to the upland area landward of the bulkhead or on a barge. 11. No Beach Excavation For Fill No excavation of thc beach is authorized for the purpose of obtaining fill or stone materials. 12. No Dredging or Excavation No dredging, excavating or other alteration of shoreline or underwater areas is authorized by this permit, nor shall issuance of this permit be construed to suggest that the Depaxtment will issue a permit for such activities in the future. 13. Bulkhead Armoring The authorized bulkhead armoring shall consist of a single row of stone approximately 1,000 lb. in size and underlain with filter fabric. 14. Material All material deposited on the beach shall be of compatible (equal or larger) grain size to the naturally-occurring beach. No sand shall be placed seaward of mean low water. WATER QUALITY CERTIFICATION SPECIFIC CONDITIONS 1. Water Quality Certification The NYS Department of Environmental Conservation hereby certifies that thc 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. Page 3 of 5 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-03959 GENERAL CONDITIONS - Apply to ALL Authorized Permits: 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 Deparhnent) to determine whether the pvmfittee 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. 2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Depa~hnent, issuance of this p~ff~iit 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. 3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a separate written application to the Deparhnent for permit renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. Submission of applications for permit renewal, modification or transfer are to be submitted to: Regional P~xmit Administrator NYSDEC REGION 1 HEADQUARTERS SUNY ~ STONY BROOK[50 CIRCLE RD STONY BROOK, NY11790 -3409 4. Submission of Renewal Application The permittee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations: Excavation & Fill in Navigable Waters, Tidal Wetlands, Water Quality Certification. 5. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit. 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; Page 4 of 5 , NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-03959 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 pemfit; 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. 6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Depa~ hnent 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 the permittee's undertaking of activities 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 Axticle 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The 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, casements 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. Page 5 of 5 Beixedon Estates Association Shoreline Restoration Dru Associates, Inc. 40 Hitching Post Ln. Glen Cove, NY 11542 516-~76-7107 Revised: 4-16-2011 Prepared: 1-12-2011 Scale: 1 "= 60' Lot 9 n/o~ Edward W. Graham Lot 8 n/o/f James F. Travers Lot 7 n/oil Henry J, Latham Lot 6 n/o/f Jean Kuchner Lot 5 n/off Alma Ilibaasi & Bruno Ilibassi Lot 4 n/o/f Barbara J. Ball & Thomas J. Ball Exibting Rock Armor at to I~e rehabilitated · ,~ Beach sand replenishment area = 10,000 sf Sand volume approx. 2000 cyds 0 40 80 I t I r I 160 Feet I Sun~ey by Nathan Taft Corwin III February 11, 2008 Sections by Dru Associates Inc. October 2010 by Transit Level Beixedon Estates Shoreline Restoration Dru Associates, Inc. 40 Hitching Post Ln. Glen Cove, NY 11542 516-676-7107 Revised: 4-16-2011 Prepared: 1-12-2011 Scale: 1"= 20' Survey by Nathan Taft Corwin III Februmy 11, 2008 Sections by Dru AsSO~ates Inc. October 2010 by Transit Level Proposed restoration B I AHW 2006 ..... :. 2010bottomtopo Restoration by re-setting surface stones after replenishing sand, with added sand as needed, followed by replacing stones, with added stone as needed. APPROVED A~ PER TERM~ AND CONDI~ONS OF / PERMIT NO.'-~~/ DATF ,, .d-/.~J~/// _, 200 Feet I Jill M. Doherty, President Bob Ghosio, Jr., Vice-President James F. King Dave Bergen 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 July 20, 2011 Mr. Howard Kalman Beixedon Estates Assoc., Inc. P.O. Box 1432 Southold, NY 11971 RE: R.O.W. ARSHAMOMAQUE AVE., SOUTHOLD SCTM#66-2-47 Dear Mr. Kalman: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed., July 20, 2011: WHEREAS, Howard Kalman on behalf of BEIXEDON ESTATES ASSOC., INC. applied to the Southold Town Trustees for an Amendment to Wetland Permit #469 under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated June 22, 2011, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, in accordance with Chapter 268, said application was found to be Exempt from the Local Waterfront Revitalization Program policy standards, and, WHEREAS, the project complies with the standards set forth in Chapter 275 of the Southold Town Code, and, WHEREAS, the Board has determined that the project will not affect the health, safety and general welfare of the people of the town, and, NOW THEREFORE BE IT, RESOLVED, that the Southold Town Board of Trustees APPROVES the Amendment to Wetland Permit #469B to replenish the beach with approx. 400 cy. of sand, as depicted on the site plan prepared by Dru Associates, Inc. last revised April 16, 2011 and stamped approved on July 20, 2011. This is not a determination from any other agency. Board of Trustees JMD:lms Jul 20 11 01:52~ p.! 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 FAX July 20, 2011 JUL 2 0 2011 Southhold Iowa Board of Trustees Ms. Jill Doherty, Chairwoman Board of Trustees Town Hall P.O. Box 1179 Southold, NY 11971 KUCHNER PROPERTY 1726 Amhamomaque Ave., Southold BALL PROPERTY 1890 Amhamomaque Ave., Southold BEIXEDON ESTATES ASSOCIATION, INC. Arshamomaque Ave. Right of Way, SOuthold LA THAM PROPERTY 845 Arshamomaque Ave., Sou~told ILIBASSI PROPERTY 1728 Amhamomoque Ave. Southold Dear Ms. Doherty, This Firm represents Mr. John Nickels, who resides in Beixedon Estates and received various Notices in connection with the proposed Wetland Permit Amendments referenced above. I understand that each property owner proposes to replenish a beach area with 400-500 cubic yards of sand which sand would be substantially placed on top of the existing toe armor installed along the continuous bulkhead line. I also understand that the deposited sand would be monitored by the NYSDEC and a private consultant representing the property owners. I presume that the purpose for monitoring of the deposited sand is to determine whether or not the sand remains over time and, if the deposited sand it is lost to storm erosion, where it settles out. It is in the latter that I suggest that a marker be introduced into the deposited sand so that lost sand can be tracked in the field. ~ul 20 ~1 01:53p Cc. J. Nickles Board of Town Trustees Town of Sou&old 53095 Main Road Southold, NY 11971 Dear Members of the Board, Joy Alessi 620 Rogers Road Sonthold, NY 11971 July 20,2011~ ~~ ! am a Beixedon Estates resident and am writing to you regarding Pcrmittg169B. I am asking you to vote favorably for this permit which will begin a much needed program to restore our community beach. As a Trustee of the Community Association, I and the other Board members have worked with the town and Rte DEC to alleviate this erosion problem. The increased flooding of Rte w~ands adJaCent to Hippodrome Pond has raised the water table in my back yard to Rte point of instability to the supports of my rear porch. Thank you for your aRention. l,'d g~gg~F~-g~,Z-!,+ VO¥ ~ 'V'¥ eZ~: I, l, !, 1, O~ In? IMPORTANT FAX WuSSAM FRANK 122S Arfbamomaque Ave. ~oulhoid, N~w York 11~71 ~1~-317~9 M~Mi~ DATE: 7/2F2011 TO: SOUTHOLD BOARD OF TRUSTEES IAMWBasmGTOYOUTO KII~,K~ surrolrr OFFEBMITI~J69B. I UNDEimTA~D tat~ TOPIC WILL COME UP AT s'ss~ EVIglqlNG'9 ~. s'si~G. TI~ ~ OF BgIXEDON ARB MY FAMILY HAS A ~Oa¥ Eq SOu'mOLD DATING K4.C~ TO 'l~lUt 30'S W~I~N MY GRAND PABI~TS LIVED I:N M~s'r[r~CK. THEY OWNED AND OPERATED THE OLD Mn.L INN BEIXIDO~ snr, i FOR ALMOST 30 YEABS. AS A FAMILY, WE HAVE LONG EIqJOYED Plu~ ttq]g NATUBE AND WO~qDERI~u~ BEACH AT THE SHORE OF 3~8~E X~r. CONIC BAY. IT IS SO UNI~RTUNATE THAT I~ BECENF YEARS -s. Hz ~ ~ S~A, LRIgD REPEATED STORI~ AND SUCH I~VASTATING ERO6ION, Wi; GI~,EATLY AI~qlF. CIA~ti~ yOUR ASSISTANCE IN AlqtROVIP~ i'zm,~ ~ ~ ~T ~Ei.Cll ~Bg ~ TIllS IS ~C. AL'II~-t-~lzAI,L'tliz ~ OFOUR YOU. July 19, 2011 Board of Town Trustees Town of Southold 53095 Main Road Southold, NY 11971 Fax # 631-765-6641 Regarding Permits 469, 469 B, and 4138 Dear Members of the Board: I am the most recent past President of the Beixedon Estates Association Inc. serving the community from July of 2009 until June of 2011. I am writing to you to request your approval of the Permit # 469 B to help restore our neighborhood beach by Arshamomaque Ave. This permit is being applied for on behaff of the Beixedon Estates Association Inc., along with other Permits (469 & 4138) for the homeowners with bay-front property (Ball, Latham, Ilibasi, and Kuchner). As you are aware, there has been accelerated erosion of the beach shoreline over the last few years. This erosion is threatening the homes along the bay, and has all but eliminated the community beeches for which Beixedon homeowners have deeded dghts. The community has come together in an effort to restore the beachfront shoreline. As a community, we want to preserve our quality of life, the enjoyment of our homes, as well as restore our property values. This restoration approach will provide for these goals, Please approve these Permit requests. I appreciate your attention to this matter, Sincerely, Howard Kelman Beixedon Estates 235 Rogers Road Southold, NY 11971 I0 39~d N~Ng~N ~3HIS3 ~90S PgIOgB~gl~ §~:~8 From:THIRO AVENUE NANAGENENT 07/19/2011 07:28 #441 P.002/002 July 18, 2011 Michael Warlan 595 Rogers Road Southold NY 11971 Board of Trt~stees Board of Town Trustees Town of Southold 53095 Main Road Southold, NY 11971 Dear Members of the Board: I am writing in reference to Permit # 469B. The permit is being applied for on behalf of the Beixedon Estates Association Inc., along with community neighbors Ball, Latham, Ilibasi, and Kuchner. The applicants of the permit are aiming to restore and reverse damage caused by a significant amount of beach erosion that has occurred over the past few years. This erosion has been severe and accelerated, and there are concerns that the damage to property may worsen. The property owners, as well as members of the community have been working together on a · constructive way to deal with these issues. As Association President and Board Member I have been involved In recent strategy to help satisfy our neighbors concerns regarding erosion, It seems that the proposed measures are a good solution in trying to address the problem. I would ask that you approve the permit for our neighbors and the community members so that we may save our property, as well as the beach that we all find vital to our homes and their value. We look forward to the town's continued support in preserving the quality of life we have all come to enjoy in Southold. M ~ifa el Warlan JUl 14, 2011 Board of Town Trustees Town of ~outhold P.O. Box 1179 Southold, N.Y. 11971 Gentlemen I am writing is support of the Beixedon Estates Association Pexmlt (Amendment to Pe~lt #469B) which woUld replenish our beach with appro~r~mately 400 cu yds of sand. The beach is in need of restoration and this woUld be a good start. Thank you very much for your consideration. Respectfully yours Beixedon Estates 1210 Arahmomaque Ave P.O. Box 1087 Southold, N.Y. 11971 Peter Young, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 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., July 13, 2011, the following recommendation was made: Moved by Derek Bossen, seconded by Audrey Horton, it was RESOLVED to SUPPORT the application of BEIXEDON ESTATES ASSOC., INC. to Amend Wetland Permit ~469B to replenish the beach with approx. 400 cy of sand. Located: R.O.W. Arshamomaque Ave., Southold. SCTM~66-2-47 Inspected by: Derek Bossen, Audrey Horton The CAC Supports the application with the Condition the beach, approx. 15' in width, is planted with Cape American Beach Grass to protect the shoreline. Vote of Council: Ayes: All Motion Carried Jill M Dohe~gy. President Bob Ghosio~ Jr. Vice-President James F. King Dave Bergen John Bredemeyer P.O Boxl179 Southold. NY 11971 Telephone (631 765-1892 Fax (631) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: BEIXEDON ESTATES ASSOC., INC. requests an Amendment to Wetland Permit #469B to replenish beach with approx. 400 cy of sand. Located: R.O.W. Arshamomaque Ave., Southold. SCTM#66-2-47 Type of area to be impacted: Saltwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland Par~ of Town Code proposed work falls under: __Chapt.275 Chapt. 111 other Type of Application: __ Wetland __Coastal Erosion __Amendment __Administrative__Emergency Pre-Submission __Violation Info needed: Modifications: Conditions: P~re~ent Were: ~ oherty . J. King_ ~/_._J. Bredemeyer. D. D~eenkowski other Form filled out in the field by ~. Bergen, Mailed/Faxed to: Date: 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 ! 79 Southold, NY 11971 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 __ Ist day of construction ½ constructed __ Project complete, compliance inspection. Jill 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 June 16, 2010 BOARD OFTOWNTRUSTEES TOWN OFSOUTHOLD Mr. Howard Kalman, President Beixedon Estates Assoc., Inc. P.O. Box 1432 Southold, NY 11971 RE: BEIXEDON ESTATES ASSOC.,INC. ARSHAMOMAQUEAVE.,SOUTHOLD SCTM#66-2~7 Dear Mr. Kalman: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed., June 16, 2010: WHEREAS, Howard Kalman on behalf of the BEIXEDON ESTATES ASSOC., INC. applied to the Southold Town Trustees for an Amendment to Wetland Permit #469B under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated April 29, 2010, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, in accordance with Chapter 268, said application was found to be Exempt from the Local Waterfront Revitalization Program policy standards, and, WHEREAS, 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 Southold Town Board of Trustees APPROVES the Amendment to Permit #469B to install rip-rap % to 1 ton stone armor in front of the existing bulkhead, and as depicted on the survey prepared by Nathan Taft Corwin III dated May 14, 2010. This is not a determination from any other agency. Sincerely, Jill M(~Doherty, President/ Boar~t'of Trustees-- JMD:ims Jill M. Dohe'fl7, President James F. King, Vien-President Dave Bergen Bob Ghosio, Jr. John Bred~neyer 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 Please be advised that your application dated L~l~°~ ~1~ has been reviewed by this Board at the regular meeting of ~n ~ ~, ~l(~ 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) __ ~ Constructed ($50.00) v/Final Inspection Fee ($50.00) __ Dock Fees ($3.00 per sq. ft.) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southotd Town Code. The following fee must be Paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE:$ BY: Jill M. Doherty, President Board of Trustees Peter Young, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 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., June 9, 2010, the following recommendation was made: BEIXEDON ESTATES ASSOCIATION, INC. to Amend Wetland Permit #469B to install rip-rap ~ to 1 ton stone armor in front of the existing bulkhead. Located: Arshamomaque Lane, Southold. SCTM#66-2-47 Inspected by: Audrey Horton, Doug Hardy The CAC determined that there is insufficient information to make a final recommendation. There is an indication that an environmental impact statement should be developed addressing the impact of the existing jetty and public access. Jill M. Dohe~1y. President James F. King, Vice-President Dave Bergen Bob Ghosio. Jr. John Bredemeyer 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: BEIXEDON ESTATES ASSOCIATION, INC. requests an Amendment to Wetland Permit 8469B to install rip-rap 1/2 to 1 ton stone armor in front of the existing bulkhead. Located: Arshamomaque Lane, Southold. SCTM#66- 2-47 Type of area to be impacted: , Saltwater Wetland Freshwater Wetland Sound ~BBay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: ~'Chapt.275 Chapt. 111 other Type of Application: ,-'~etland __Coastal Erosion __Amendment __Administrative__Emergency Pre-Submission Violation Info needed: Modifications: Present Were: ~J'.King ' J"'~.Doherty ~c-d~. Bredemeyer B.Ghosio. · D. Dzenkowski ,.,,--"other Form filled out in the field by Mailed/Faxed to: Date: ' D~D, Bergen__ 4/28/2010 17:54:16 1 of 1 4/28/2010 17:53:37 1 of 1 TOWN OF SOUTHOLD BOARD OF $OUTHOLD TOWN SOUTHOLD. NEW This Wet ands Perm t No..?.b..~,,.,~. ........ has-been~;gran~od by. the .Tow~ Trust~es according to information ~nls~ in, Appt~fid~No. ~.~,..~;...~,~---~le~ by ~pp,{i~t ;~,.,~.~...~s,, ~.~9.~..~J~D~.~...~.~B~-.,.....~ABA..~ ........ 1'9.~.~.... A mao on file in the Trustee Office under the application num~ ~iven. ........ · ,-"~o' constr~ct ~ 5~'"~hesd ~d lO+~- return ~nd to inst~[ dry wells ~o Loc~t~o~ o~ propel.on which wor~'t, be'~on, ._...J~.i?~..~h~.,~Z~.:.,...~U~.,... Creek, Bey or Harbor fronting properw ...... S.,o,q.t..h..o,~.d;...~ .a~..~ ............................................................... Size of work: L e n g t h ......3.3..'....w. ~.t-h.....I~.+..~.T...¥,e.t...t~., .n. ............................................................................. Width ............................................................................................................................. Hei§ht Above High Water ............................................................................................. Depth Below Low Water ................................................................................................. Yards to be Excavated ........................ ; ............................................................................ Yards to be Filled ......................................................................................................... Manner in which material is to be removed or deposited ......................................................................... intended use of property ........ ~.e..s.~,.d..?..~.~..a~_ ............................................................................................ Cmnditlmn~ if tony Dry wells are to be installed tp contain run off (2'~ rainfall Expiration Date "~?.~w"~"~..e~'T''s~'~.m'~'t"~'`e~"~c~`~t~'e."'t'~e~]2~£~"~G~= ........................................ Number of Inspections Requ[red ~'g'~?.~.~u~.s~`t..e~e`'s~`~.~.e~.t'~'b.~e~.~'~.~'~t~"~B9~?~`~'~h~ ..... Inspection Fees ............ .~ 7. ~. 7. 7. ~. ~ ~. 7. T. ~. ~ 7. ~ ~ 7. ......................................................................................... · Liability Policies in the Amount of .......................... T.T.~T.';P..T.T.T.T.T.T ........................................................ The validity of this permit is or may be subject to the approval of other governmental or municipal authorities. The Town accepts no responsibility in applying for or obtaining such approval. In the under until such approval has been obtained in writing. The failure to obtain such other approval when required shall subject this permit to immediate revocation by the Trustees upon receipt by the Trustees. of written notice from such other governmental or municipal authorities of its refusal or disapproval. -. Former Perm&t # (if any): Comml$!lon~er /~ Yb~r. f~9egt, f.egaest to .extend (he above per.it has 'b~en ~een-a.m~t~e'riai' change in enWronme.tai co.d~iSns; ~ele~ant a.ppliCab~e 1~ or regulations si~ce' the i'ssUa-nce ~ the existing permft; therefore,' the expiration date zs extended..~o.. - . .. -.'~our recePt request to modify" ghe abov6 permit has' been reviewed. 9ursuant to '~CR~. Pa.rfi 621 ~ It:.has .beeh ~.te{mi-ned .that th~ proposed moaii~Ca~gas W~!!. not substantlaily..ehange fhe scope: .of the permitted actions. Of the .~is.ting permit conditions.: '.There'f9ro',: the permit is ~eaded ~ authorize= posted ~t the'.job site. truly yours,. Deputy Regional' Permit AdminiStrator OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILIN(; 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: Jill Doherty, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: June 14, 2010 Re: Proposed Wetland Permit for BEIXEDON ESTATES ASSOCIATION, INC. SCTM# 1000-66-2-47 BEIXEDON ESTATES ASSOCIATION, INC. requests an Amendment to Wetland Permit ff-469B to install rip-rap % to 1 ton stone armor in front of the existing bulkhead. Located: Arshamomaque Lane, Southold. SCTM#66-2-47 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 EXEMPT from LWRP review pursuant to: § 268-3. Definitions. MINOR ACTIONS item "EE" which states: A. Maintenance or repair involving no substantial changes in an existing structure or facility; Cc: Lori Hulse, Assistant Town Attorney Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyo' Town Hall, 53095 Main Rd. P.O. Box 1179 Somhold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTERS TOWN OF SOUTItOLD Office Use Only Coastal Erosion Permit Application _~/Wetland Permit Application ' AdminisR~ative Permit ~ t,~ Amendment/Transferr/~ion ,/Received Application: ~ec~ived Fec:$ ~0-~ ' ._.~.~mplcted Application ___SEQRA Class~fi~ah~n: Type ! Type II Unlisted __CooralnAtion:(dat~ sent). ~'~T-~WRP Consistency ~ent Form ~'~AC Referral Sent: ,~ . Receipt ofCAC Rep6rt~ Lead Agency Dete~nin~tion: Technical Review: Resolution: Name of Applicant Address ~ro~de LILCO Pole ~, ce to ~oss s~e~, ~d location) AGENT: (If applicable) Address: Phone: Board of Trustees Applicati GENERAL DATA Land Area (in square feet): ~_.~ '~LIQa r0 Area Zoning: P--qD Previous use ofproperty: ~)Q_.~ )d~ t,'T'ht:L / Intended use ofproperty: }~q~fdS r') 3~ t% Covenants and Restrictions: Yes X If "Yes", please provide copy. Prior permits/approvals for site improvements: /~A~. e~cy P~-~-~ No __. No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or susp.ended by a governmental agency? ._~ No Yes If yes, provide explanation: Project Description (use attachments if necessary): Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purposeoftheproposedoperations: /~d ['f] J'--~f~{lOC'~ /0 ~/ rip-r d Area of wetlands on lot: _square feet Percent coverage of lot: Closest distance between nearest existing structure and upland edge of wetlands: feet Closest distance between nearest proposed structure and upland edge of wetlands: feet Does the project involve excavation or filling,? If yes, how much material will be excavated? cubic y~ds How much material will be filled? cubic yards Depth of which material will be removed or deposited: Proposed slope throughout the area of operations: Manner in which material will be removed or deposited: feet Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): Apr 27 10 0~:24p 631765~ p.1 SEQR - I~.~It~L I~ROPO.qIE] ACTION CO~Ipty ~ ~)[16~'FING ZONING OR OTHER ~O~er (=mc~el lithe aC§on Is a Costal Area, ariel you are a sta~ agency, Ute Co,Mai Assessment Farm t~fofe proceeding with this T0 BB~d N~HT~ aBHiS3 ~OS PgT098PgT~ £0:69 §66T/C0/~0 PART II - IMPACT ASSESSMENT ITo be completed by' Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yus, coordinate Ihs review process and use the FULL EAF. B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNUSTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declarafim~ may be superseded by another Involved agency. I--Iv,, P-INo C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be hamh~en. If legin~) Cl. F_~ng air query, surface or groundwafar quarry ~ quen~ty, n~sa levets, e.dsting traffic paf~, solid wasfa ~ ~ d~' pofeaffel f~'ero~en, dreinage or flooding problems? F-xp~in briefly: 02' A~;I~'~I ~l~J;;~ll ~'lO~l~[;~; '~a[Ul~" Or nth~ rl~tur~ Oi" GUfiUrel re~o(aloe~' of ~omll~by or C3. V,~.~[. ~u,, or fauna, fish, ~.=;;;'.,;i m .~;;[= ~,~, ~;~r,;;~.ii; habitats, or threatened or endangered species? ;-~;- bdelly: C4. A ~""ii'i'~'nlty's existing Plans ~ Ilce~ as v,T, Ga;iy*G.p~, or a ~,.,~ In use or Inten~ o~'uce ofiand or othor natumlresoumes? p~rj=in bdel;y, I"° I 05. Growth, subsequent da~,~vla,,ent' or related activities likely to be Induced by the pmposnd action? r:~?~=iq briefly: C6. Long term, short term, c~mulatJvo, or other e ll*~-~, not Identified in C~1-C57 E~_~ bdelly: C7. Other ;~ ~. _~ ~-'.-:_. ~incluclin~l cha~es In use of either quan~ or I~ of enemy},? Ex~laln bdeil~: ! D. V~,qLL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTA ~L CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITIC~I E. IS THERE, OR IS THERE UKELY TO SE~ CONTROVERSY RELATED TO'POTENTIAL ADVERSE F-.NVI RC :; ;.~-'- ;'.'TAL IMPACTS? If )~es explain: PART III - Dr: ~ =~iHATION OF SiGHiFiCANCE (To be completed by Agency) IN8TRUCTIONE: For each adverse effect identified above, determine whether it is subetentisl, large, Important,or oiftenvise slg nitlsenL Each effect should be assessed in connection with its (a) setting (i.e. Urban or rural); (b) probability of oneurring; (c) duraiton; (d) ~ (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference .upao~ting materials. Ensure that e~natlons conlaln auffictent detail to show that all relevant adverse impacts have been identified and adequately addm_?-<l_. If question d of part il was checked yes. the determination of significance must evaluate the potential impact of tbs proposed action on the environmental characteltsflua of the CEA Check this box If YOU have k;~'~nd one or more pofef~ally lalge or slgnfilcent adverse impacts wNch MAY oc(=ur. 'tiles procead dke~ to Ihe FUM, FAF and/or prepare a positive.declarafion. WILL NOT result In any significant adverse envirenmenfal impacts ANO provide, on atfachmenfa as necessary, the masons suplx determination.. ,Board of Trustees .~ [ '- Name of Lead A~ency Date President Title of Responsible Officer Signature of Preparer (It different from responsible officer) So.d, ol,l, Lo.g I.l..d, Yo l. 11971 June 13, 2010 Ms. Jill M. Doherty, President Southold Town Board of Trustees Town Hall PO Box 1179 Southold, NY 11971 Dear Ms. Doherty: I am the President of Beixedon Estates Association and I have submitted a permit application to amend permit # 469B to install rip-rap ½ to 1 ton stone armor in front of the existing community bulkhead. I will not be able to attend the hearing on Wednesday, June 16, 2010. I am requesting that Beixedon Estates Association, Inc Board member, Barbara Ball, represent the Beixedon community at the Board of Trustees Hearing. Thank you for your consideration, Howard Kalman, President Beixedon Estates Association, Inc. PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Address: d ¼n N,'ckl. s STATE OF NEW YORK COUNTY OF SUFFOLK ,residingat'/CIT..~-ndr-~..~ ~..t ~5~ /2[e.r,Fc2o" , being duly sworn, deposes and says that on the /o day of :7,-''~-~ ., 20 t~,, deponent mailed a tree copy of the Notice set forth, in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite there respective pames; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at.the United States Post · that said Notices were mailed to each of said persons by Office at ~,~a/cI~ ~'y (certified) (registered) mail. Sworn to before me this Day of ,-~"'-'-- ,20 Notary Public Jill M. DoherW, President James F. King, Vice-President Dave Bergen [lob Ghosio, Jr. John Bredcmeyer 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 BEIXEDON ESTATES ASSOC.~ INC. COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING , residing at/dba rC! ~//g,d/'?o~$' d'~-~ er"'?']- P/~/o,~ ~' ~/c-5~/ being duly swom, depose and say: That on the/'o day of ,2010, I personally posted the property known as by placing the Board of Trustees official poster where 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 heating. Date of hearing noted thereon to be held Wed.~ June 16~ 2010 on or about 6:00 PM. Dated: Sworn to before me this day of~,.~ 205 69 (signature) 5168787892 2 03:25p m 04282010 111 $1765~354 p ! Board of Trustees Appiication ' !y of Suffolk Slate of New York DE~C~ED PE~flT(S) .~ T~T ~L STATE~NTS CONTenD ~ ~E TK~ TO ~ BEST OF ~S~R ~OW~GE ~ BEL~F, ~ ~T ~L WO~ ~L BE ~ ~ T~ ~N~R SET FOR~ ~ ~S .~P~CA~ON ~ AS ~Y BE ~PRO~D BY ~ SOU~OLD TO~ BO~ OF ~US~. ~ .~PLIC~NT AG~ES T0 H0~ T~ TO~ OF SOUTHO~ ~ T~ TO~r ~US~ES ~ESS ~ ~E ~OM ~Y ~ ~L D~MAGES ~ CL~S ~S~'G ~ER OR BY V~ 0F S~ PE~(~, ~ GK~D. ~' CO~LET~G ~S ~PLICATION, I ~BY AL'THO~ ~ ~US~K T~ A~W(S) OR ~SENTATI~S(S), TO EN~R ONTO ~ PROPERTY TO ~SPECT T~ P~SES IN CON~CTION ~TH ~W OF THIS APPLICATION'. Signature SWORN TO BE 'O m'rms Zg S'^¥ / .2o I0 Notary Public April 12, 2010 To Who it May Concern: I hereby give approval for the Beixedon Estates Association and Steven Latham to install "riprap" against the bulkheads located on parcels known as Plot A & B on the Filed Map of Beixdon Estates, Southold, New York. Sin self and ttie Estate of O. R. Lewis 84/83/1995 18:13 5164868164 SOL~ ESTHER KAl_NAN PAGE 82 A PP LI CA~N T/AG EN T,rRE p RJE, SENi. A Ti Vl~ TRANSACTIONAl... DI$(?LOSIrP.~ FORM[ DF~SCRIPI'I¢.',N OI> KI':LA1 lON$illp ~orm ~ I ! 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 Waterfxont Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thns~ each answer must be explained in detail, listine both supporting and non- suooortin~ facts. 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 Deparmaent, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION The Application has been submitted to (check appropriate response): TownBoard [~ Planning Board [~] Building Dept. r~ BoardofTrustees [] Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) Co) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: '' ' O I I c~ r~ D ~o d 'e-L Location of action: Site acreage:. Present land use: ~"e ~, t~e ~30'ct { Present zoning classification: ~ _t~ 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: -]~e (b) Mailing address: ~-~ (c) Telephone number: Area Code ( ) te3i - (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [-~ No [--] If yes, which state or federal agency? klx]5I)~ C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of S0uthold 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 Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southoid. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes [] No [~ Not applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ~] Yes ~ No ~7] Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ~] Yes [--] No [-~ Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section IH - PoliCies Pages 16 through 21 for evaluation erlteria [] Yes ~ No [] Not Applicable 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 ~ 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. No ~] Not Applicable Yes 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 - Polieies; Pages 34 through 38 for evaluation criteria. [~ Yes [--~ No [~7] Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section IH - Policies; Pages 38 through 46 for evaluation criteria. ~-~ Yes~ No [] Not Applicable Attach additional sheets if necessary WORKING COAST POLl'S Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III- Policies; Pages 47 through 56 for evaluation criteria. 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. Atlach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southoid. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. ~ Yes ~-~ No ~'] Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. PREPARED BY TITLE ?~ ~-~//>~ [I)~'- DATE A??ROVED BY £OARD OF TRUSTEES TOWN OF $OUTHOLD NOTES: 1. ELEVATIONS ARE REFERENCED TO HIGH EXISTING ELEVATIONS ARE SHOWN THUS: T.B. TOP OF BULKHEAD B.B. - BOTrOM OF BULKHEAD T.J. TOP OF' JETFf PROPOSED CROSS SECTION RIP RAP PLACEMENT SCALE 1"=10' EXISTIN~ BULKHEAD F::'~OPOSEI2 RIP TON WATER BEING ELEVATION 0.0' OF ~.-~- HI®H P, tATE~ ~.~ LO~ PqATE~. PLAN FOR PLACEMENT OF 1/2 to I TON STONE RIP RAP END OF ARSHAMOMAQUE LANE MAP OF BEIXEDON ESTATES BLOCK 7 $ITUATE SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C, TAX No. 1000-66-02-66 SCALE 1"=40' MAY 14, 2010 AREA = 19,282 sq. ff. (TO BULKHEN)) 0.443 aC. r' N.Y.$. L;c. No. 504~7 Nathan-Taft Corwin III Land Surveyor PHONE (631)727-2090 Fox (633)727-1727 OF~C~ L0C~T~ AT ~U~ TOPOGRAPHICAL SURVEY OF BEACH $ITUATE SOUTHOLD IOWN O[ $OUIMOhD SU~[O/K COUNIY, NEW YO~K ' 40' SCALE 1 = FEBRUARY 11, 2008 NOTES: 1. ELEVATIONS ARE REFERENCED TO ~x,s., ~ E,r/^T,ONS HIGH WATER BEING ELEVATION 0.0' EXISTING ELEVATIONS ARE SHOWN THUS: soUT gOLP APR 2 9 2010 r, N.Y.S. Lic. No. 50467 Nathan Taft Corwln III Land Surveyor PHONE (631)727-2090 Fox (651)727-1727