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Home My WebLink AboutTR-7506 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 OFTOWNTRUSTEES TOWN OFSOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1st day of construction ~ constructed Project complete, compliance inspection BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7506 & 7506C DATE: MARCH 23~ 2011 ISSUED TO: KEVIN & ALEXANDRA O'MARA PROPERTY ADDRESS: 14345 OREGON ROAD~ CUTCHOGUE SCTM# 72-2-2.2 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on March 23.2011. and in consideration of application fee in the sum of $500.00 paid by Kevin & Alexandra O'Mara and subject to the Terms and Conditions as stall in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to construct (incorporating existing, previously permitted toe. armor) approximately 226 Hnear feet of rock revetment, consisting of 4-5 ton quarry capstone over 50-100 core stone, on filter cloth; cover stone and backfill with approximately 250 cubic yards of clean sand to be trucked in from an upland source and planted with Cape American Beach Grass (12" on center); re-vegetate denuded portions of bluff face with beach grass, Bayberry, and Virginia Creeper; and repair existing stairs as necessary; and as depicted on the site plan prepared by En- Consultants, Inc. last dated January 27, 2011, and stamped approved on March 23, 2011. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its CorPorate Seal to be aft-Lxed, and these presents to be subscribed by a majority of the said Board as of this date. TERMS AND CONDITIONS The Permittee Kevin & Alexandra O'Mara, residing at 14345 Oregon Road, Cutchogue, New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. That thc work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. That the said Board will be notified by the Permittee of the completion of the work authorized. That the.Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. Jill M. Doherty, President 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 COASTAL EROSION MANAGEMENT PERMIT COASTAL EROSION PERMIT #7506C ApplicantJAgent: En-Consultants, Inc. Permittee: Kevin & Alexandra O'Mara SCTM#: 72-2-2.2 Project Location: 14345 Oregon Road, Cutchogue Date of Resolution/Issuance: March 23, 2011 Date of Expiration: March 23, 2013 Reviewed by: Board of Trustees DESCRIPTION OF ACTIVITY: Coastal Erosion Permit to construct (incorporating existing, previously permitted toe armor) approximately 226 linear feet of rock revetment, consisting of 4-5 ton quarry capstone over 50-100 core stone, on filter cloth; cover stone and backfill with approximately 250 cubic yards of clean sand to be trucked in from an upland source and planted with Cape American Beach Grass (12" on center); re-vegetate denuded portions of bluff face with beach grass, Bayberry, and Virginia Creeper; and repair existing stairs as necessary. The Coastal Erosion Management Permit allows for the operations as indicated on the site plan prepared by En-Consultants, Inc. last dated January 27, 2011, and stamped approved on March 23, 2011. INSPECTIONS: Final SPECIAL CONDITIONS: (apply if marked) In accordance with Chapter 111-15 Erosion Protection Structures: X A maintenance agreement is attached hereto and is a necessary special condition of this permit. Jill M. D , Board of Trustees Jill M. Doherty, President Bob Ghosia, $~., Vice-Presiden~ James F. King Dave Bergen John Bredemeyer Town HaH Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 766-1892 Pax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF $OUTHOLD 30-YEAR MAINTENANCE AGREEMENT EROSION PROTECTION STRUCTURES CHAPTER 111-1 5 OF THE $OUTHOLD TOWN CODE I (We) KEV~I ~ ~e,A O~RA The owners of record of property at, 1434~ OREGON ROAD, CUTC~IOGUE SCTM #1 000-72 -2 -2.2 in applying for a Coas!al Erosion Permit for an erosion protection structure do hereby agree to a 30-Year Maintenance program for a structure as described: STONE REVETMENT AT THE TOE OF BLUFF AND ASSOClAltst~ BLUFF , RENOURISHMENT as shown on the attached licensed survey and/or site plan for the approved structure, It is my/our understanding that we are to maintain this structure with materials designed to endure 30 years an.d/or equivalent to the original approved structure. Any maintenance which revolves more than 50% of the length of this structure requires approval of the Board of Trustees. We further understand that failure to maintain the structure could result in a requirers,, t to post a bond and/or have Me repairs ordered as a lien against the property upon a finding by the Board of Trustees that said lack of maintenance would risk life, property or hnportant natt~r~ al~res, ource features. ,~~ Notarized signature of own of record J J MENEZ Not~ry Public/~ / m~ · w Yonk N~. 01JI4702097 Qualifi&d in New York County Commission Expires Q~ 31, 20_./~-'' This maintenance agreement shall only be valid upon the attachment of a licensed land survey/and or site plan made within one year of the original construction and validated to show the final approval of the administrator. 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 Southo]d, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 March 23, 2011 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Robert E. Herrmann En-Consultants, Inc. 1319 North Sea Road Southampton, NY 11968 RE: KEVIN & ALEXANDRA O'MARA 14345 OREGON ROAD, CUTCHOGUE SCTM# 72-2-2.2 Dear Mr. Herrmann: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, March 23, 2011 regarding the above matter: WHEREAS, En-Consultants, Inc. on behalf of KEVIN & ALEXANDRA O'MARA applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, and Chapter 111 of the Southold Town Code, Coastal Erosion Hazard Areas, application dated February 16, 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, the LWRP Coordinator issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on March 23, 2011, at which time all interested persons were given an opportunity to be heard, and, 2 WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 and Chapter 111 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of KEVIN & ALEXANDRA O'MARA to construct (incorporating existing, previously permitted toe armor) approximately 226 linear feet of rock revetment, consisting of 4-5 ton quarry capstone over 50-100 core stone, on filter cloth; cover stone and backfill with approximately 250 cubic yards of clean sand to be trucked in from an upland source and planted with Cape American Beach Grass (12" on center); re-vegetate denuded portions of bluff face with beach grass, Bayberry, and Virginia Creeper; and repair existing stairs as necessary, and as depicted on the site plan prepared by En- Consultants, Inc. last dated January 27, 2011, and stamped approved on March 23, 2011. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $50.00 Very trulyyours, Jill~..D Doherty ~/ President, Board of Trustees JMD/eac Peter Young, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., March 16, 2011, the following recommendation was made: Moved by Doug Hardy, seconded by Jack McGreevy, it was RESOLVED to NOT SUPPORT the Wetland Permit and Coastal Erosion Permit applications of KEVlN & ALEXANDRA O'MARA to construct (incorporating existing, previously permitted toe armor) approx. 226 If. of rock revetment, consisting of 4-5 ton quarry capstone over 50-100 core stone, on filter cloth; cover stone and backfill with approx. 250 cy. of clean sand to be trucked in from an upland source and planted with Cape American Beach Grass (12" on center); re-vegetate denuded portions of bluff face with beach grass, Bayberry, and Virginia Creeper; and repair existing stairs as necessary. Located: 14345 Oregon Rd., Cutchogue. SCTM#72-2-2.2 Inspected by: Derek Bossen, Doug Hardy The CAC does Not Support the applications because the proposed erosion control measures are not viable. This section of the shoreline is a major source of sediment supplying beaches to the east. Vote of Council: Ayes: All Motion Carried Jill M Dohelly, President Bob Ghosio, Jr. Vice-President James F King Dave Bergen John Bredemeye~ 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: KEVIN & ALEXANDRA O'MARA request a Wetland Permit and Coastal Erosion Permit to construct (incorporating existing, previously permitted toe armor) approx. 226 If. of rock revetment, consisting of 4-5 ton quarry capstone over 50- 100 core stone, on filter cloth; cover stone and backfill with approx. 250 cy. of clean sand to be trucked in from an upland source and planted with Cape American Beach Grass (12" on center); re-vegetate denuded portions of bluff face with beach grass, Bayberry, and Virginia Creeper; and repair existing stairs as necessary. Located: 14345 Oregon Rd., Cutchogue. SCTM#72-2-2.2 Type of area to be impacted: ~--S~altwaterWetland Freshwater Wetland v Sound Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: t~-~3'hapt.275 L-'C~apt. 111 other Type of Application: ~--'Wetland __Administrative__Emergency __ __Coastal Erosion __Amendment Pre-Submission Violation Info needed: Modifications: Conditions: Present Were: '"~J.King "-~.Doherty ~' -'~D. __ __ __ __J. Bredemeyer Bergen B.Ghosio, D. Dzenkowski other Form filled out in the field by (~ Mailed/Faxed to: Date: ALEXANDRA & KEVIN O'MARA, 14345 OREGON ROAD~ CUTCHOGUE Figure L LooMng west~om stairwuy over top of westerly half t~'stoue and bluff toe. Figure 2. Lookbtg east from stairwgv over top of easterly halrin'stone attd bluff toe. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1.4738.02918 PERMIT Under the Environmental Conservation Law (ECL) Permittee and Facility Information Permit Issued To: KEVIN OMARA 160 EAST 85~: ST NEW YORK. NY 10028 Facility: OMAR A PROPERTY 14345 OREGON RDISCTM I000-72-2-P/O2.1 CUTCHOGUE, NY Facility Location: m SOUTHOLD in SUFFOLK COUNTY Facility Principal Reference Point: NYTM-E: 709.9 NYTM-N: 4546.5 Latitude: 41o02'33.7" Long~tude: 73030''09.7.' Authorized Activity: Stabilize and restore bluff by installing a 226 foot long revetment at tlxe base of the bluff consisting of 4 to 5 ton quarry capstone over a hardcore stone foundation and filter cloth; place 250 cubic yards of fill over revetment and install plantings Repair/rec'onstmct stmrWay down bluff, All work must be done in accordance with the attached plans prepared by Eh-Consultants, Inc. and stamped NYSDEC approved on 2/14/2011. Permit Authorizations Tidal Wetlands - Under Article 25 Permit ID 1-4738-02918/00003 New Permit Effective Date: 6/25/2008 Modification # 1 Effective Date: 2/14/2011 Expiration Date: 6/24/2018~ Expiration Date: 6/24/2018 NYSDEC Approval 't By acceptance of this permit~ the pernu tee agrees that the permit is eogtJ, ngent upon.strict compliance with the ECL, all applicable regulations, and all conditions included as part of this permit. Permit Administrator: MAR/( CARRARA, Deputy Regional Permit Admin, strator Address: NYSDEC REGION 1 I-IEADQUARTERS SUNY @ STONY BROOK~50 CIRCLE RD STONY BROOK, NY 11790 -3409 Authorized Signature: Date ~- //¢./glo.// Page 1 of 6 NEW YOR.K STATE DEPARTM~T OF ENVIRONMENTAL CONSERYAT~ Facility DEC ID 1~4738-02918 Permit Components NATUtLaA. RESOURCE PERMIT CONDITIONS GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS NATURAL RESOURCE PERMIT CONDIIIONS -Appiy to tile Following Permits: TIDAL WETLANDS i. State Not Liable for Damage The State of New York shall in no case be liable for any damage or ~njury 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 pm-poses, and no claim or right to compensation shall accrue from any such damage. 2. Notice of Commencement At least 48 hours prior re commencement of the project, the permittee and contractor shall sign and remm 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 mu~t also be sig~aed and returned, along with photographs of the completed work. 3. No Construction Debris in Wetland or Adjacent Area Any debris or excess material from construction of this project shall be completely removed from the adjacant area (upland) and r~moved to zm approved upland area for disposal. No debris is permitted in weAlat~ds'and/or protected buffer areas. 4. No Disturbance to Vegetated Tidal Wetlands There shall be no disturbance to vegetated tidal wetlm~ds or protected buffer areas as a result of the permitted activities. 5. Seeding Dizturbed Areas All areas of soil disturbance rgsulting from the 0.pproved project shall be stabilized as per thc specifications of the approved plans immediately following projecu completion or prior to permit expiration, w~LicheVer Comes fii~st. If the proj'ect site renSains inact~%e for morethan 48 hours or planting is impractical due to the season, then the area shall be stabilized with straw or hay mulch or jute matting until weather conditions favor germination. 6. Clean Fill Only All fill sh~ll consist of olean sand or gravel of beach compatible grain size, and must not contain asphalt, slag, flyash, broken concrete or demolistion debris. 7, No Beach Excavation For Fill No excavation of thc beach is authorized for thc purpose of obtaining fill or stone materials, 8. Backfilling All peripheral berms; cofferdams, rock revetments, seawalls, gabions, bulkheads or other approved shoreline stabilization structures shall be completed prior to placement of any fill material behind such structures. Page 2 of 6 ~EW YORK STATE DEPART~T OF ENVIRONMENTAL CONSERVAT~ Facility DEC ID 1~4738-02918 9. No Equipment below Apparent High Water Equipment operation below (seaward) apparent high water is strictly prohibited. 10. Maintain Erosion Controls All erosion control devices shall be maintained in good and functional condition until fl~e project has been completed and the area has been stabilized. 11. Plant Beach Grass The area of fill placement shall be planted with American Beach Grass planted 12 inches on center dUnng the first growing'seasOn follOWing placement, but not more than 6 months following the placement of fill. The Permittee shall maintain a hca'ch:grass SUrvival rate of at least 85% after 3 years. Any grass planted after April 15 of any calendar year shall be Lrfiggted. 12. Vegetate All Disturbed Areas The permittee shall revegetate all exposed facesand disturbed areas to prevent soil erosion prior to the project completion or expiration date of this permit, whichever comes first. 13. No RunoffDowh Bluff Or Onto Beach There shall be no discharge ofrtmoff or Other efrlluent on, in or down the bluff face, onto the beach or over/through the revetment. 14. Revetment The rock revetment shall consist of natural quarry cap stone of 4 to 5 tons in size, on top of a hardcore stone foundation and underlain with filter cloth as shown on the stamped approved plans. is. Storage of Equipment All motorized eqmpment mu.sst be stored a minimum of 35 feet landward of the line of apparent high water. 16. Refueling No refueling of vehicles or equipment may occur on the beach. 17. Replacement of Fill This permit authorizes the replacement of up to 250 cubic yards of fill placed over the revetment on an annual or as needed basis if necessary to ma~nta/n the slope of the bluff. Fill shall be trucked down the beach and must be beach compatible grain size. la. Stalrway Design Projects involving the repair or replacement of an existing stair way or walkway, or sections thereof shall net exceed the wMth of the existing s~mctu~e as depicted on the approved plans or a maximum of four feet whichever is greater. 19, Stairway Design The stairway must be constrncted with open grate steps to allow sunlight to reach vegetation on the face of the bluff. Z0. Inspect Bluff The permit holder shall conduct an inspection of the bluffon an annual basis prior to May 1st of each calendar year from the date of permit issuance for the life of the permit, A written record of the inspection mxast be completed which includes the date of inspect!on, and a d,scription and color photographs of the condition of the bluff and structure. Each inspection record shall be provided to the Region I office of Marine Habitat Protection. SUNY ~ S~ny Brook, 50 Circle Road, Stony Brook, N.Y. 11790 21. Conformance With Plans All activities authorized by this permit must be in strict conformance with the approved plans submitted by thc applicant or applicant's agent as part of thc permit application. Such approved plans were prepared bY En-Consultants Inc. last revised 1/27/1 l and stamped NYSDEC approved 2/I 4/2011. Page 3 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVA Facility DEC ID 1-4738-02918 22. 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 u~easonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of thc State, or cause loss or destraction 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 thc State, and if, upon the expiration or revocation ofthis permit, the structure, fill, e~cavation, or othe~ modification of the watercourse hereby aut~0fized shall not'be eon~pIcted, the owners, shall, without expense to the State and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the waterCOurse. No claim shall be made against- the State of New York on account of any such removal or alteration. 23. 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. sa. State May Require Site Restoration 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 Yorl(on' accoUnt ofa~y such removal or alteration. GENERAL CONDITIONS - Apply to ALL Authorized Permits: i. Facility Inspection by The Del~artment The permitted site Or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Dc-parUnent of Environmental Conservatmn (thc Department) to determine whether the pcnnittee is complying w/th this perm:t and the ECL. Such representative may order thc work suspended put,ant to ECL 71- 0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspectton to the permit ~rea when requested by the Department. A copy of this permit, including all referenced maps. drawings and special canditions, 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 vio~ati6n Of this permit. 2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the tv~mS, conditions or requirements contained in such order or determination. Page 4 of 6 DEC I~ 3. Applications For Permit Rencwals~ Modifications or Transfei-s The p~mdttee must submit a separate written application to. the Department for permit renewal, modification or transfer of this pertain Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by thc Department must be in writing. Submission of applications for permit renewal, modification or transfer arc to be submitted to: Regional Permit Administrator NYSDEC REGION 1 I'IEADQUARTERS SUNY ~ STONY BROOK.SO CIRCLE RD STONY BROOK, NY 11790 -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: Tidal Wetlands. 5. Permit Modifications, Suspensions and Revocations by the Departmen, The Department reserves thc fight to modify, suspend or revoke this perrmt. The grounds for modification, suspension or revocation include: a matecially false or inaccurate statements in the permit application or supporting papers; b. failure by the permittee to comply with any terms or condi.tions of the permit; c. exceeding the scope of the project as described in the permit application; d. newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since thc issuance of thc existing permit; noncompliance with previously issu~ permit conditions, orders of the conm'fissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. 6. Permit Transfer Permits are transferrable unless'spedfically prohibited by statute, regulation or mother permit condition. Applications for permit transfer should b~ submitted prior to actual transfer of ownership. NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permit~ee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissaons tn connection with the permittee's undertaking of activities in connection Page 5 of 6 NEW YORK STATE DEPART T OF ENVIRONMENTAL CONSERVA Fac[livy DEC ID 1~4738~02918 with, or operanon and maintenance of, the facility or facilities author/zed by the l~rmit whether in compliance or not in compliance With the terms and conditions of the permit. This indemnification does not extend to any claims, suim, actions, 'or damages to the extem attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming thc DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. ltesn 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 perrmttee's agent with respect to the pcmnitted 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 pvrm~tee 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 impa/rment of any nghts, title, or interest in rea/or personal property held or vested in a person not a party to the permit. Page 6 of 6 1" ~60' :GON ROAD 6" x 6" FO5f5 (l'e.) ~I ~ECIf I d lP802~lb/ 0000~ ~.Sg~IYLtP V~kN~5 t~ O, gl6ft,I. OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Jill Doherty, President Town of Southold Board of Trustees ~;~*,7 .~, From: Mark Terry, Principal Planner ..... LWRP Coordinator Date: March 22, 2011 Re: Proposed Wetland Permit and Coastal Erosion Permit for KEVlN & ALEXANDRA O'MARA SCTM#1000-72-2-2.2 En-Consultants, Inc. on behalf of KEVlN & ALEXANDRA O'MARA requests a Wetland Permit and Coastal Erosion Permit to construct (incorporating existing, previously permitted toe armor) approx. 226 If. of rock revetment, consisting of 4-5 ton quarry capstone over 50-100 core stone, on filter cloth; cover stone and backfill with approx. 250 cy. of clean sand to be trucked in from an upland source and planted with Cape American Beach Grass (12" on center); re-vegetate denuded portions of bluff face with beach grass, Bayberry, and Virginia Creeper; and repair existing stairs as necessary. Located: 14345 Oregon Rd., Cutchogue. SCTM#72-2-2.2 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the below listed Policy Standards and therefore is CONSISTENT with the LWRP provided that the followin.q questions listed in 4.1, D, 5a. are adequately answered: 4.1 Minimize losses of human life and structures from flooding and erosion hazards. D. Use hard structural erosion protection measures for control of erosion only where: 2. Vegetative approaches to controlling erosion are not effective. This section of the shoreline is subject to frequent storm surges capable of eroding the toe of the bluff. 3. Enhancement of natural protective features would not prove practical in providing erosion protection. See above Construction of a hard structure is the only practical design consideration and is essential to protecting the principal use. The principal use is a private residential residence (not water dependent). The purpose of the proposed structure is to dissipate tidal and wave energy during storm events to minimize erosion of the bluff seaward of the structure. 5. The proposed hard structural erosion protection measures are: a. limited to the minimum scale necessary. The proposed erosion control structure is limited in design using natural stone. However, it is recommended that the Board assess. 1. How does the applicant propose to access the site for construction and placement of fill? 2. What impacts (if any) would the hardenin~ of the shoreline on this lot impact the neighbor's property to the west and east? Practical vegetative methods have been included in the project design and implementation. The action incorporates existing re-vegetation of the bluff. The vegetation will assist in stabilizing soils. The repair of the existing access stairway is an EXEMPT action. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Brederneyer 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 '~ astal Erosion Permit A lication ' "~°W~tland Perm it ApplicatlPoPn Amendment/Transfer/Extension ~----~ece~ved Application:~ ~-----'~eceived Feel c~3 ~ ~k~ ~ompletcd Application~ Incomplete SEQRA Classification: Type I Type Il Unlisted Coordination: (date sent). ~TWRP Consistency Assqssm,ent Form 31 ~,,'CAC Referral Sent: ~[~ Il ,,l~r~eoflnspection: ~! [~0[/{ Receipt of CAC Report: Lead Agency Determination:__ Technical Review: ~lic Hearing Held:~23J~_~ Resolution: Office Use Only Administrative Permit Name of ApplicantALEXANDRA & KEVIN O'MARA Address 160 EAST 83RD STREET, NEW YORK, NY 10028 Phone Number: (212) 744-7294 Suffolk County Tax Map Number: 1000 - 72-2-2.2 Property Location: 14345 OREGON ROAD, CUTCHOGUE (provide LILCO Pole #, distance to cross streets, and location) AGENT: EN-CONSULTANTS, INC. (If applicable) Address: 1319 NORTH SEA ROAD, SOUTHAMPTON, NY 11968 Phone:631-283-6360 Board of Trustees ApplicOon GENERAL DATA Land Area (in square feet): t41,118.67 Area Zoning: R-40 Previous use of property: SINGLE FAMILY RESIDENTIAL Intended use of property: NO CHANGE Covenants and Restrictions: If "Yes", please provide copy. Yes X No Does this project require a variance from the Zoning Board of Appeals If "Yes", please provide copy of decision. Prior permits/approvals for site improvements: Agency SOUTHOLD TRUSTEES #6248 11/16/05 SOUTHOLD TRUSTEES (Amendment) 10/17/07 Date Yes X No SOUTHOLD TRUSTEES #6248C 11/16/05 NYSDEC # 1-4738-02918/00003 6/25/08 NYSDEC (Modification #1) 2/14/11 X No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: Project Description (use attachments if necessary): Construct (incorporating existing, previously permitted toe armor) approximately 226 linear feet of rock revetment, consisting of 4- 5 ton quarry capstone over 50-100 core stone, on filter cloth; cover stone and backfill with approximately 250 cubic yards of clean sand to be trucked in from an upland soume and planted with Cape American Beach Grass (12" on center); mvegetate denuded portions of bluff face with beach grass, Bayberry, and Virginia Creeper; and repair existing stairs as necessary all as depicted on the project plan prepared by En-Consultants, Inc., last dated 1/27/11. of Trustees WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: TO STABILIZE AND RESTORE ERODING BLUFF. Area of wetlands on lot: 0 _square feet Percent coverage of lot: 0 Closest distance between nearest existing structure and upland edge of wetlands: N/A feet Closest distance between nearest proposed structure and upland edge of wetlands: N/A feet Does the project involve excavation or filling? NO X Yes If yes, how much material will be excavated? N/A cubic yards How much material will be filled? +/-250 cubic yards Depth of which material will be removed or deposited: N/A feet Proposed slope throughout the area of operations: 1:1.33 Manner in which material will be removed or deposited: Approximately 250 cubic yards clean sand will be trucked in from an upland source and dumped over and behind proposed rock revetment and planted with Cape American Beach Grass (12" on center). 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): Emplacement of the proposed revetment will have no significant impact on the tidal waters of Long Island Sound, and there are no vegetated wetlands present on or adjacent to the site. Board of Trustees ApplicOn COASTAL EROSION APPLICATION DATA Purposes of proposed activity. TO STABILIZE AND RESTORE ERODING BLUFF. Are wetlands present within 100 feet of the proposed activity? NO X Yes Does the project involve excavation or filling? No X Yes If Yes, how much material will be excavated? N/A (cubic yards) How much material will be filled? +/-250 I~cubic yards) Manner in which material will be removed or deposited: Approximately 250 cubic yards clean sand will be trucked in from an upland source and dumped over and behind proposed rock revetment and planted with Cape American Beach Grass (12" on center). Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) It is anticipated that enhancement of the existing toe stone installed in 2009 into a properly engineered rock revetment (as was originally approved by the Trustees in 2005) will provide effective toe protection for the eroding bluff(not being provided by the DEC - mandated toe stone) so that it can be effectively revegetated and stabilized. Previous attempts to stabilize the bluff face through vegetative plantings failed due to toe scour and attempts to stabilize the toe scour with the currently installed toe stone failed due to overtopping of the stone. Implementation of the project is consistent with similar bluff stabilization efforts along this shoreline and will not significantly adversely impact nor increase erosion of the fronting beach or adjacent properties. Further, the structure has been designed in accordance with generally accepted engineering principles so that it will be durable; capable of withstanding inundation, wave impacts, weathering and storm conditions; and have a reasonable probability of controlling erosion for at least thirty years. Both the integrity of the structure and the proposed bluff plantings will be maintained over the long term to ensure such effectiveness at controlling erosion. PROJECT ID NUMBER PART 1- PROJECT INFORMATION ~L~-PJ~$~OVI~N O'MARA BY EN-CONSULTANTS, INC. 3. PROJECT LOCATION: Municipa~ty CUTCHOGUE 617.20 APPENDIX C O STATE ENVIRONMENTAL QUALIT'~ REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only (To be completed by A ~licant or Project Sponsor) 2. PROJECT NAME ;ounty SUFFOLK 4. PRECISE LOCATION: Street Address and Road Intersections. Prominent landmarks etc - or provide map 14345 OREGON ROAD, CUTCHOGUE, TOWN OF SOUTHOLD, SCTM #1000-72-2-2.2 5. IS PROPOSED ACTION: [] New []Expansion F~Ivbdification/alte~atim 6. DESCRIBE PROJECT BRIEFLY: SEQR Construct approximately 226 linear feet of rock revetment, consisting of 4- 5 ton quarry capstone over 50-100 core stone, on filter clot; cover stone and backfill with approximately 250 cubic yards of clean sand to be trucked in from an upland source and planted with Cape American Beach Grass (12" on center); revegetate denuded portions of bluff face with beach grass, Bayberry, and Virginia Creeper; and repair existing stairs as necessary all as depicted on the project plan prepared by En-Consultants, Inc., last dated 1/27/11. 7. AMOUNT OF LAND AFFECTED: Initially 1.0 acres Ultimately 1.0 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? [~Yes [] No lfno, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) [~Other(describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) [~Yes ~] No If yes, list agency name and permit / approval: DEC 11. DOES ANY ASPECT OF THE ACTION NAVE A CURRENTLY VALID PERMIT OR APPROVAL? ]Yes [~No If yes, list agency name and permit / approval: I~.~S A R/e~LT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponsor Name~BERT E. HERRMANN, COASTAL MANAGEMENT SPECIALIST Date: FEBRUARY 14, 201 lit/ Signature ~_ .-~ -- ~'~ If the action is a Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT AGSESSMENT (To be completed by t_e-~ Agency~ - I--I¥-- B. ~L'LACT'ION~VE COOR~NATED REVIEWAS PROVIDED FORUNUb~--P. DACllONSiN 6 NYCRR, PART 617.67. If No?, fleg~e THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERIS~ THAT CAUSED THE ESTABUSNMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA}? (If ~s. ex~aln bdellF 1,-~ OR IS ~ ;C,~ LIKELY TO BEr CONTROV~RSY RELATED TO POYt=HTIAL AJ:}VERSE ENVl RC;',: ~ ;'.;~'I'AL IMPACTS? If - ~t: ~ ~ ~,~=~A'IION OF 8iGiiiF~.ANCE (To be completed by Beard of Trustees Name of Lead ..~er~/ Jill M. Doherty ~:~of~or Type Name of~espo~sRfle Officer in Lead Agency ~ · S~r~t{x~e of R~..~,~;.~"Of~n Lead Agency Date President Title of Responsible Officer Slgna[ure of P~'~i~ (1~ dilfemn{ from responsible officer) NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES~ TOWN OF SOUTHOLD In the matter of applicant: SCTM# 1000-72-2-2.2 ALEXANDRA & KEVIN O'MARA YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Construct approximately 226 linear feet of rock revetment, consisting of 4- 5 ton quarry capstone over 50-100 core stone, on filter clot; cover stone and backfill with approximately 250 cubic yards of clean sand to be trucked in from an upland source and planted with Cape American Beach Grass (12" on center); revegetate denuded portions of bluff face with beach grass, Bayberry, and Virginia Creeper; and repair existing stairs as necessary all as depicted on the project plan prepared by En-Consultants, Inc., last dated 1/27/11.. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 14345 OREGON ROAD, CUTCHOGUE 3. That the proiect which is subject to Environmental Review under Chapters 96,111 and/or 275 of the Town Code is open to public comment on: DATE: MARCH 23rd, 2011 ~ 6:00 P.M. You may contact the Trustees Office at 765-1892 or in writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. ALEXANDRA & KEVIN O'MARA PROPERTY OWNERS NAME: 160 EAST 83RD STREET MAILING ADDRESS: NEW YORK, NY 10028 PHONE#: 212-744-7294 AGENT: EN-CONSULTANTS, INC. MAILING ADDRESS: 1319 NORTH SEA ROAD, SOUTHAMPTON, NY 11968 PHONE #: 631-283-6360 Enc: Copy of sketch or plan showing proposal for your convenience. ~.~ ~tTc~k do, Hac~6ro~ Ma~ ~/o/~ GON ROAD ~VAP, 1'Of~AWA~AC~SfC;NI~ ~ - ~ ?~O?O~P ?LAN1~NQS O~ I:~ACH ~E~5~, POr~, VIP~INIA CK~?~, ANP l~AYl~k::'~ ON P~ND~P ~1~ FAC~ 6" ×6" ?OFT9 (1~P.) 4 - ~1'0N flLff. R CtOffl * I.'~ 1'0l~ 5TQNB FOR CAPFTOf4: FROTUCTIOH EL * -~ -2'FLW ~CTION THRU FRQFQSUP ROCK I~fM~NiT AT I'Q~ OP la. LIPP SCAI.~ :1" -- IQ' 5HW¢ 4'-0" -~ - - - ~W~ 2'-0' Name: Gallagher Living Trust ACH Address: 383 Larchmont Court Ridge, NY !1961 Peter Filiberto Paul Keber Joseph Ricci Lieb Vineyard 40-54 61 st Street Woodside, NY 11377 128 Ralph Avenue White Plains, NY 10606 45 Matthews Lane Cutchogue, NY 11935 P.O. Box 907 Cutchogue, NY 11935 STATE OF NEW YORK COUNTY OF SUFFOLK ROBERT E. HERRMANN doing business at EN-CONSULTANTS, INC. 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 , being duly sworn, deposes and says that on the ~ day of FEBRUARY ,20 Il , deponent mailed a true copy of the Notice set forth in the Ro-~-~rd-~ ~-~rustees Application, directed to each of the above named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at SOUTHAMPTON , that said Notices were Mailed to each of said persons by (certified} i~rX~) mail. ROBE~RRMANN ~ COASTAL MANAGEMENT SPECIALIST Sworn to before me this 24th day of FEBRUARY ,20 11 ~1~ H. STEPHEN~ NOTARY PUBLIC STATE DF NEW YORK CONNISSION NO. 5D15§31 QUALIFIED IN SUFFOLK COUNTY EXPIRES Certified Fee 4 ~l~i 1 ! .... Gallagher Living Trust ~ 383 Larchmont Court Ridge, NY 11961 Cerbfied Fee r--I (Endorsement Required) ~ Restrfcted De[ire n/Fee Cl (Endorsement Required) Peter Filiberto 40-54 61st Street Woodside, NY E 11377 Paul Keber 128 Ralph Avenue White Plains, NY 10606 Joseph Ricci 45 Matthews Lane Cutchogue, NY 11935 E m m Sent ro Lieb Vineyard ~r~-~t-~; P.O. Box 907 or PO Bt Cutchogue, NY 11935 Jill M. Dohe~ty, President Bob Ghosio, Jr., Vice-President James F. King Dave Bergen John Brcdemcyer Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 1[971 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 KEVIN & ALEXANDRA O'MARA COUNTY OF SUFFOLK) STATE OF NEW YORK) I, R~ E. H~_~_n~Tnn 1319 N~rth Saa Road~ Souf2kampton~ NY AFFIDAVIT OF POSTING , residing at/dba En-Consultants, Inc. 11968 being duly sworn, depose and say: That on thel~ay of March ,201t, I personally posted the property known as 14345 Oreqon Road, Cutchoque, NY 11935 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~ March 23~ 2011 on or about 6:00 PM. Dated: ~ (signature) Sworn to before me this day of/t~L20 tt NOIA~Y PUeLIC STATE OF NE~ YORK COMMISSION NO. 5015931 OUALIFIED IN SUFFOLK ~OUNTY EXPIRES AUGUST 2. of Trustees Applicatio~ AUTHORIZATION (where the applicant is not the owner) l F~t~4/ (~7~/3t~ residingat /60 ~, (print Owner of property) (mailing address) /k}~ff/ gA-{ do hereby authorize (Agent) to apply for permit(s) from the Southold Board of Town Trustees on my behalf. (Owner's signature)~ of Trustees Application0 State of New York ~. /~ t./t/t/ O' J/'l ~ ~'1'' BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Signature (/ SWORN TO BEFORE ME THISn q% N~tary Publi~ MARTHA J. JIMENEZ Notary Public, State of New York No. 01 JI4702097 Qualified in New York County Commission Expires Qct, 31, 20/' /._,/ APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics orohibits conflicts of interest on the cart of town officers and employees. The oumose of this form is to r)rovide information which can alert the town of oossible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's nmne.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (lf "Other", name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of(or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or ___D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS I Submitted this ~day of Signature ~'~f~--~ Print Name ~ _/ I(~t2~t.J 200 Town of Southold A. LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS I. AII applicants for perm its* including T ow n of Southold agencies, shatI corn ple;e this C C A F for proposed actions that are subje¢l to the Town of Southold Waterfront Consistency Review Law. This assessmentisintendedtosupplementotherinformationusedbyaTown of Southo]d 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. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus.~ each answer must be explained in detail,, listing both supporting and non- suDDortin~ facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undert~en. SCTM# 72 A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. DESCRIPTION OF SITE AND PROPOSED ACTION 2 2.2 PROJECT NAME ALEXANDRA & KEVIN O'MARA The Application has been submitted to (check appropriate response): TownBoard ~] Planning Board [~] Building Dept. [~] 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) (b) Financial assistance (e.g. grant, loan, subsidy) [~] (c) Permit, approval, license, certification: Nature and extent of action: Construct approximately 226 linear feet of rock revetment, consisting of 4- 5 ton quarry capstone over 50-100 core stone, on filter clot; cover stone and backfill with approximately 250 cubic yards of clean sand to be trucked in from an upland source and planted with Cape American Beach Grass (12" on center); revegetate denuded portions of bluff face with beach grass, Bayberry, and Virginia Creeper; and repair existing stairs as necessary all as depicted on the project plan prepared by En-Consultants, Inc., last dated 1/27/11. Location of action: 14345 OREGON ROAD, CUTCHOGUE Site acreage:. 3.24 ACRES Present land use: RESIDENTIAL, ONE-FAMILY DWELLING Present zoning classification: 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: ALEXANDRA & KEVIN O'MARA (b) Mailing address: 160 EAST 83RD STREET NEW YORK, NY 10028 (c) Telephone number: Area Code 212-744-7294 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency.'? Yes ~] No [5~] If yes, which state or federal agency?_ C. Evaluate the project to the following policies by analyzing how the project will further support or not support 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 Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ~ Yes ~ No ~ Not Applicable 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 Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [~ Yes [--] No [~ Not Applicable The proposed revetment is consistent with Policy 4, as the proposed hard structural erosion protection measure is being proposed only where non-structural, vegetative and smaller scale hard stabilization erosion control methods were implemented but ineffective; where the natural protective feature - in this case the bluff- cannot be effectively enhanced without effective stabilization of the bluff toe; where a hard structure is the only design consideration that can practicably and effectively provide such toe stabilization; where the proposed protection measure is engineered to provide 30 or more years of effective erosion control but also designed as naturally as possible (i.e., sloped, natural stone revetment rather than vertically faced retaining wall); where vegetative bluff face enhancement remains part of the long term project design; and where, due to the natural design of the revetment, including its slope and angled end returns, there will be no adverse impacts to the adjacent property owners. There will be no significant direct or indirect costs incurred by the public as a result of the implementation of the project. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ~] Yes ~] No [~ Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. ~-]Yes [~ No ~ Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section Ill - Policies Pages 32 through 34 for evaluation criteria. [~ Yes [--] No ~] Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southoid from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~ Yes ~ No ~ 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 III - Policies; Pages 38 through 46 for evaluation criteria. ~ Yes ~ NoR Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Pro. tect Southold's ~r-dependent uses and promote sit'of new water-dependent uses in suitable locations. See LWRP Section IH - Policies; Pages 47 through 56 for evaluation criteria. Yes [~] No [~ Not Applicable A~ach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peeonic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~] Yes ~] No [~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. ~ Yes [~ No [~ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [~ Yes [--] No [~ Not Applicable PREPARED BY ~/, ,~--~--~ ' ROBE1/,~F'~. HERRMANN TITLEcoASTAL MGMT SPECIALIST DATE 12/14/1l Amended on 8/1/05 EN-CONSULTANTS, INC. 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com ENVIRONMENTAL CONSULTING February 15, 2011 Town of Southold Board of Trustees 54375 Main Road Post Office Box 1179 Southold, New York 11971 Atm.: Lauren Standish Alexandra & Kevin O'Mara 14345 Oregon Road, Cutchogue SCTM # 1000-72-2-2.2 Dear Ms. Standish: In regard to the above referenced property, enclosed are the following for the Board of Trustees review: Three (3) Wetland & Coastal Erosion Permit Applications including: a) Short Environmental Assessment Form; b) Authorization & Disclosure Forms; c) project plans; and d) survey. One (1) set of site photographs. Application fee of $500.00 wetlands. Three (3) LWRP Consistency Assessment Forms including: a) project plan. I trust this information shall allow you to process our permit request. Should any additional information be required, please do not hesitate to contact our office. Coastal Management Specialist /khs Enc. 1"= 60' ~10/~ ¥ A. P, ICt~I GON ROAD ¢~'}'~k ~, Ha~C,r~ Map 7 "~OOO' o% PROPOCO E,,O, CK I~VCl'MBNT POR Fi.~XANPleA R4P ~VIN 0 MAP-A ON LONd Ia. AN¢ $OLINV CUfCHO~U~, DU~OLK COUNTY, N~ ~H~I'I OP 2 lO/~4/OP~/~/06, ~/~/06,~/27/ ~ FRQFOS~P PLANTING5 OF [~¢ACH GRASS, R05¢, VIRGINIA BX 5TQRM-P~¢ ( P~VIOU%Y ~CONS~C~P P~ fO NY~C ~ F~RMIT 1-47~8-02918/OOOO~ ~P ~LP ~ 6245) fO ~ ~P~P ~ N~¢55~ 6" ~,6' POSf5 (fYP.) LONG N 79'$9'~,, E COASTAL EROSION HAZARD LINE TAKEN FROM COASTAL EROSION HAZARD AREA MAP PHOTO No, 58-549-83 SHEET 5 OF 49 $SLAND SO UND 229.12' DECEMBER MARCH SURVEY OF PROPERTY SITUA TED A T CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-72-02-2.2 SCALE 1"=50' SEPTEMBER 9, 1999 JUNE 26, 2001 ADDED TOPOGRAPHICAL SURVEY JUNE 25, 2003 FOUNDATION LOCATION MAY 24, 2004 FINAL SURVEY JULY 19. 2005 ADDED ELEVATIONS NOVEMBER 2, 2005 RE-STAKE TOP OF BLUFF 12, 2005 LOCATE POST & RAIL FENCE AND STONE PILLAR FEBRUARY 21, 2006 LOCATED POST & RAIL FENCE 17, 2006 RELOCATE TOP OF BLUFF, BOTTOM OF BLUFF & HW.M AREA 155,658.42 sq. ff. (TO TIE LINE) 5.114 ac. S.C.D.H.S. No. R10-01-0162 NOTES 1. LOT NUMBERS SHOWN THUS: £OT f~ REFER TO PROPOSED MINOR SUBDIVISION FOR BAXTER SOUND ESTATES 2. ELEVATIONS ARE REFERENCED TO N,G,V,D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:~ S. PROPERTY ADDRESS: 14S45 OREGON ROAD OUTCHOGUE, NEW YORK 119S5 CERTIFIED TO. AQUEBOGUE ABSTRACT CORPORATION KEVIN R, O'MARA ALEXANDRA R, O'MARA s/o/~ joS~P~ A, Nathan Taft Corw n III Land Surveyor Successor To Stanley J Isoksen, dr. LB. Joseph A Ingegno PHONE (651)727-2090 Fox (651)727 1727 THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, iF ANY, NOT SHOWN ARE NOT GUARANTEED, 98-682T