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HomeMy WebLinkAboutTR-7600 James F. King, President �QF S0(/T Town Hall Annex Bob Ghosio,Jr.,Vice-President ,`O ��� 54375 Main Road P.O.Box 1179 Dave Bergen l Southold,New York 11911-0959 John Bredemeyer Michael J. Domino � � �OQ Telephone(631) 765-1892 O Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFIC OF COMPLIANCE l •`'>' 4 Fes,:i.r, . �."`X.��...i:°1�1•„�.vr�'..�i: ',. r--_ ___ _.—�__ t__�` ___- ' ��,:V ,.r:: y1;9.°�-x L�lam,'�,•.,µ.-,.,. i � we,r': ctionofv CQ��1� • Cc��� 0� co 10' widuu E I)Q 1�er i SS {S b�'C,� Se- alkwa Ce�� nc.v / reCe:Vey Ave. C Tax M Jleroi`�ar`�rrustees F I Dated June 24, 2011 pursuant to which Trustees—Wi tlanct YernuTW—ouu-naueu July 20, 2011,was issued and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for the construction of vinyl bulkhead (including+/-9' on adjacent easterly property and +/-63' on adjacent westerly property),backfill with approx. 100 cy. of clean sand fill; with the conditions of a 10' wide non-turf buffer to be established and subsequently maintained along landward edge of bulkhead; use of a silt boom; and removal of walkway. The certificate is issued to DOWNS CREEK, LLC: LMNY, LLC &REMCC, LLC owners of the aforesaid property. Authorized Signature MARTIN D.FINNEGAN 4.n ,• .'. 'Y SCOTT A.RUSSELL TOWN ATTORNEY Supervisor martin.Finnegan@town.southold.ny.&�---, so V JENNIFER ANDALORO h O Town Hall Annex,54375 Route 25 ASSISTANT TOWN ATTORNEY l lY[ P.O.Box 1179 jennifer.andaloro@town.southold.ny.us ua Southold, New York 11971-0959 �l� ``�� Telephone(631) 765-1939 LORI M.HULSE �v� ASSISTANT TOWN ATTORNEY Facsi ile-(631)76 6639 ------__., lori.hulse@town.southold.ny.us cOU ' ;t I C 'i f;`,, ! . OFFICE OF THE TOWN ATTORNEY t OCT 1 7 2012 TOWN OF SOUTHOLD SouTt il0! TovJn Board of Trustees Kim Stephens October 17, 2012 En-Consultants 1319 North Sea Road Southampton, NY 11968 RE: Downs Creek,LLC; LMNY,LLC&REMCC, LLC,Wetlands Permit No. 7600 Dear Ms. Stephens, I have reviewed the Declaration of Covenants draft you submitted to this office with respect to the above referenced application concerning the ten foot wide non turf buffer to be established and subsequently maintained along the landward edge of the bulkhead, The covenants and restrictions document must be executed and filed with the County pursuant to§275-10(K)of the.Southold Town Code. Please note that a copy of this document or, in the alternative, a sworn statement attesting to the filing is to be presented to the Office of the Board of Trustees within 90 days of issuance of the permit. Regards, 4wu/ Lori M. Hu e Assistant Town Attorney Cc: Board of Trustees fig 6_y James F.King,President c Town Hall,53095 Main Rd. Bob Ghosio,Jr.,Vice-President ��� oGy� P.O.Box 1179 Dave Bergen y Southold,NY 11971 John Bredemeyer a r R� Telephone(631)765-1892 Michael J. Domino y�01 � Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DATE OF INSPECTION: �6 Ch. 275 Ch. 111 INSPECTION SCHEDULE Pre-construction, hay bale line/silt boom/silt curtain 1" day of construction '/z constructed _zProject complete, compliance inspection. INSPECTED BY: COMMENTS: /� f CERTIFICATE OF COMPLIANCE: O 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 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. 7600 DATE: JULY 20~ 2011 ISSUED TO: DOWNS CREEK~ LLC~ LMNY~ LLC & REMCC, LLC PROPERTY ADDRESS: 10230 NEW SUFFOLK AVENUE~ CUTCHOGUE SCTM# 116-6-4 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 July 20, 2011, and in consideration of application fee in the sum of $250.00 paid by Downs Creek, LLC; LMNY, LLC & REMCC, LLC and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to construct approximately 192 linear feet of vinyl bulkhead in place of existing timber bulkhead (including +/-9' on adjacent easterly property and +/- 63' on adjacent westerly property) and backfill with approximately I00 cubic yards clean sand fill from an upland source; with the conditions of a 10' wide non-turf buffer to be installed and maintained along the landward edge of the bulkhead; the use of a silt boom that will retain all suspended sediments within the immediate project area; and the removal of the walkway; and as depicted on the site plan prepared by Eh- ConSultants, last dated July 14, 2011~ and stamped approved on July 20~ 2011. IN WITNESS WHEREOF, the said Board of Trustees hereby Causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. TERMS AND CONDITIONS The Permittee Downs Creek LLC; LMNY, LLC & REMCC, LLC, residing at 10230 New Suffolk Avenue, 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 the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. The Permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Clerk's Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety (90) calendar days of issuance of this permit. That the said Board will be notified by the 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 July 20, 2011 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Robert E. Herrmann En-Consultants 1319 North Sea Road Southampton, NY 11968 RE: DOWNS CREEK, LLC; LMNY, LLC; REMCC, LLC 10230 NEW SUFFOLK AVENUE, CUTCHOGUE SCTM# 116-6-4 Dear Mr. Herrmann: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, July 20, 2011 regarding the above matter: WHEREAS, En-Consultants on behalf of DOWNS CREEK, LLC; LMNY, LLC & REMCC, LLC applied to the Southold Town Trustees for a permit under the previsions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated June 24, 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 July 20, 2011, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of DOWNS CREEK, LLC; LMNY, LLC & REMCC, LLC to construct approximately 192 linear feet of vinyl bulkhead in place of existing timber bulkhead (including +/-9' on adjacent easterly property and +/-63' on adjacent westerly property) and backfill with approximately 100 cubic yards clean sand fill from an upland source; with the conditions of a 10' wide non- turf buffer to be installed and maintained along the landward edge of the bulkhead; the use of a silt boom that will retain all suspended sediments within the immediate project area; and the removal of the walkway; and as depicted on the site plan prepared by En- Consultants, last dated July 14, 2011, and stamped approved on July 20, 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 truly yours, Jill~. Doherty ~/ President, Board of Trustees JMD/eac David Weild III 484 Siwanoy Place Pelham, NY 10803 I, David Weild III, own property known as 10450 New Suffolk Avenue, Cutchogue, New York, which is located east of and adjacent to that owned by Downs Creek, LLC; LMNY, LLC; and REMCC, LCC, whose property is known as 10230 New Suffolk Avenue, Cutchogue. We are aware of and have no objection to our neighbors' proposal to remove and replace the approximately 9 feet of bulkhead that extends over our mutual property line and ties into the face of our bulkhead, as depicted on the project plan prepared by En- Consultants, Inc., June 3,2011. We have no objection to and hereby consent to the project provided that our neighbors' construction activities in no way cause damage to our bulkhead or property, and that if any such damage does occur, our neighbors and/or their marine contractor shall assume full responsibility, financial and otherwise, for its immediate repair. Dated: David Weild III 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 Meaghan Burke, seconded by Derek Bossen, it was RESOLVED to SUPPORT the Wetland Permit application of DOWN'S CREEK, LLC, LMNY, LLC & REMCC, LLC to construct approx. 192 If. of vinyl bulkhead in place of existing timber bulkhead (including +/-9' on adjacent easterly property and +~-63' on adjacent westerly property) and backfill with approx. 100 cy. clean sand fill from an upland source. Located: 10230 New Suffolk Ave., Cutchogue. SCTM#116-6-4 Inspected by: Meaghan Burke, Peter Young The CAC Supports the application with the Condition of a 15' non-turf buffer landward of the proposed bulkhead and the existing bulkhead. Vote of Council: Ayes: All Motion Carried Jill M. Doherty, President Bob Ghosio, Jr., Vice-Presidenl James F King Dave Bergen John Bredemeyer P.O. Box 1179 Southold, NY 11971 Telephone (631 765-1892 Fax (631 ) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report En-Consultants, Inc. on behalf of DOWN'S CREEK, LMNY, LLC & REMCC, LLC requests a Wetland Permit to construct approx. 192 If. of vinyl bulkhead in place of existing timber bulkhead (including +/-9' on adjacent easterly property and +/- 63' on adjacent westerly property) and backfill with approx. 100 cy. clean sand fill from an upland source. Located: 10230 New Suffolk Ave., Cutchogue. SCTM#116- 6-4 Typ/e, of area to be impacted: /~altwater Wetland Freshwater Wetland Sound Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: LT,c~apt.275 Chapt. 111 other / Type of Application: ~/Wetland __Coastal Erosion __Amendment __Administrative__Emergency __Pre-Submission __Violation Info needed: Modifications: Conditions: Present Were:/J. Doherty /[~. Ghosio ~ King __ %//J. Bredemeyer.__ D. Dzenkowski __other Form filled out in the field by Mailed/Faxed to: Date: DOWNS CREEK, LLC; LMNY~ LLC; & REMCC~ LCC~ 10230 NEW SUFFOLK AVENUE~ CUTCHOGUE Figure 1. Looking southwest at easterly terminus t~'ex, bulkhead to be replaced (in-place) with vinyl, tncludmg_4 "return"on easterly adjacent parcel. Figure Z Looking northeast at +_40' and +78' sections alex. bulkhead to be replaced (in-place) with vinyl, and at +2 ' "return" at westerly praperty line. DOWNS CREEK~ LLC; LMNY, LLC; & REMCC~ LCC~ 10230 NEW SUFFOLK AVENUE~ CUTCHOGUE Figure 3. Lookmg southwest at_59 sectton of ex. timber bulkhead on adjacent property to west to be replaced (in-place) with vinyl. Figure4. LooMng northeast at +59' section of ex~ balkhead and +4' "return" on adjacent property to west to be replaced (in-place) with vinyl. Bo.ard Of Southoid Town Trustees SOUTHOLD, NEW YORK PERMIT NO ..... :~8~ ......... DATE: ..~,~c. qmb~' ..~.'~, ISSUED .TO .......... :.A..~. M.-.mCa~I ........................................................ Authorization Pursuant to the previ.sions of Ch,apter 6.15 of the Law~ of the State 'of New Y°rk, I,.89~.~ and C~epter 404 of the Laws ~ the i State, of New Yor~ 1952; and the SoLithold :Town Ordinance en~ titled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND .ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, ~ILAVEL OR OTHER MATERIALS FROM LAND5 UNDER TOWN WATERS:" and'in e~ordan~e':Wlth the Resolution o~ The Board adopted at a meeting held on ..]]lece. mber. g0, 19.90....., and inconsideration o~ the sum mC $ 3.~.~0 ...... paid by. En~.Gons~llt~ts...~n..,hehalf of AdriAn..M,c.(~,a,,1/. ................................. o'f ......................................... ;,.: ............... ; ................ : ......... N. Y. and subie~ to the Terms and Condtf,Ons hs~ed on the reverse sidle hereof, o~ SoUthold Town Trustees authorizes and permits the fOllowing: To replace 43 1.£. of existing bulkhead within 18". No dredging shall take place. all in accordance with the detaiied specifications as presented in the originating application. IN WITNESS WHEREOF, The said Board of Trustees here- by causes ifs Corporafe Seal to be and these to be subsc~ribed by a majority of the as o~ Tr:P~S ~d CONDmO~S TRUSTEES John M. Brcdemeycr, HI. President Henry P. Smith, Vice Presid~m Albert J. Krupski. Jr. John L. Bexhloski, Jr.' John B. Tuthill Telephone (516] 765- I g92 BOARD O~ TOWN qgRUSTEES TOWN OF SOUTHOLD SCOTT L, HARRIS Supm~isor TownHatl, 5~095 Main Road P.O. Box 1179 Southold; Now York 11971 Fax (~16) 76~1823 Telephone (5.16) 765-1800 January 2, 1991 Eh-COnsultants, Inc. 1329 North Sea Road · Southampton, NY 11968 Re: Adrian:McCall Dear Mr. Haje: The following action was taken by the Board of Town Tr~scees during its regular meeting held on December 20, 1990 regarding the above matter: WHEREAS, EN-CONSULTANT$ IN BEHALF OF ADRIAN MCCALL applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated November 7, 1990 and, W~RREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and, WHEREAS, it was RESOLVED to rescind the positive declaration in regard to the dredging for this application whereas the applicant withdrew the dredging from the application on November 29, 1990, and WHT~REAS, a public hearing was held by the Tow~ Trustees with respect to said: application on December 20, 1990 at which time all inte=ested persons were given .an opportunity to be heard, and, W/tERF2~%, the Board ~.mbers have personally viewed and are fa~liar with the premises in question and the surrounding area, and; W/{EREAS, the Board has considered all the testimony and documentation su~itted concerning this application, and, WHEREAS, the Board has determined-that .the project as proposed will not ~ffect the health, safety and general welfare, of the people of the 'town, NOW, THEREFOREBE IT RESOLVED THAT EN-CONSULTANT$ ON B~ALF OF ADRIAN MCCALL BE AND HF/LE~Y IS GRANTED PERMISSION UNDER T~E WETLANDORDINANCE TO: replace 43 1.f. of existing bulkhead within 18". No dredging shall take place. This permit will expire two years from the date it is signed if work has not comenced by said date. Fees must be paid, if applicable, and permit issued within six months of thedate of this notification. Twoinspections are required and theTrusteem are. to be notified UPon completion of said project. Please return to the Building Department for a determination on the ~eed for any other permits which may be required'for this project. Permit will be issued upon payment of the following fees for work to be done below'Mean High Water Mark: Very truly yours, aohn ~. Breden~¥er, III President, Board of Trustees JMB: jb cc: Bldg- Dept. Conservation Advisory Council file SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL To: From: Dated: Re: Southold Town Trustees Southold Town Conservation Advisory Council December 18,' 1990 Rec__nmmendation of Wetland Applications Town'Hall, 53095 ~ Road P,O. Box 11/9: Sou~ol~. New Y~kl 11971 The CAC discussed the ~a~ry Tuthill application for two bulkheads and recommend that:, the Trustees disapprove the project. The Council is still opposed because the project would destroy the spartlna. On a motion by' John Holzapfei, seconded by Margaret Feeney, it was. RESOVLED ;to recommend to the Sout.h?d Town Trustees ~ of. Wetland Application of Joseph YUk~insk~ revised application, amended to C°nstru~ton of a catwalk ramp/float assembly with no dredging. New Suffolk. Vote of Council: Ayes: All Motion .car~ied. On a motion by Bruce Loucka, seconded by John Holzapfel it was RESOLVED tO recommend to the Southo!d Town Trustees Wet'and APplication No. 11:1-90-57-2-20 of John Milazzo to bulicl an addition to an eXisting house. The CAC recommends approval of the project only as it was written on the Submitted appp!ication~ any revisions the owner may consider .must be resubmitted before the CAC 'would approve. ,Recommend approval only for the second story, 9 island View.Lane, Southold Vote of C0u~cil: Ayes: All Motio~ carried. On. a motion by Stephen Angell, second by Bruce Loucka, it was. RESOVLED to, recommend to the Southold Town TruStees ~ qf. WeUand APPlication No. 1i-2-90~11'6-6-3 s ~ ot~.A'diq~,McCall tO 'replace within 18"' a3 kf. of timber bulkhead. 10230 :New>Suffolk Avenue, Cutchogue, New York Voteof CounCil: Ayes: Stephen Angell, Bruce Loucka, John Holzapfol, Cynthia Sturner, Margaret Feeney Abstain: Robert Kelth MotiOn carried. On a motion by Stephen Angell, seconded by Cynthia Sturner, It was RESOVLED to recommend to the Southold TOwn Trustees' ,approval with stlpUlati0n$ Of Wetland 'ApplicaUon~ NO. 11-3-90-118-5-2 of Franc_es Frisble to construct a timber dock. The CAC stipulate that the applicant ~ ali runoff and take. measures to stop any erosion during con~ struction. ,The Council also suggests applicant install a stairway or form terracing (stairway. is prefered) to help eliminate erosion. 8050 Nassau Point Road, Cutchogue Vote of Councl/: Ayes: All Motion carried. CORE¥ CREEK ASSOCIAT.ION APPLICATION 7 Acldi~lonal comments The CAC stlU feels the project Is a Type I action and' needs a posluVe declaration. THIS NOTICE'. MUST BEDISPLAYED DURING ~HSTRUCTION ToWN TRUSTEES OFFiCE,TOWN OF SOUTHOLD SOUTHOLD, N,Y. 11971 TEL.: 765~1892 BOARD OF TOWN TRUSTEES Town Hall, 53095 Main Road P.O. Box 728 .................... Seuthokk, New-York' 1 t97t (5161 765'.1392 TOWN OF'SOUTHOLD APPLICANT'S NAME: Adrian McCall TEL. NO. 734-61'27 MAILING ADDRESS: 10230 New Suffolk Avenue, Cutchogue, New York 11935 AGENT: Eh-COnsultants, Inc. AGENT ADDRESS: 1329 North Sea Road, pP/~4IT REQUESTED TO: Replace (within bulkhead. Dredge up to 10' off bulkhead to maximum depth 4' 'MLW. M~4mum of 5 c.~. of spoil will be used for backfill. TEL NO. 516~283-6360 Southampton, New York 11968 18") 43 1.f. of existing timber below LOCATION OF PROPERTY FOR Cutchogue. HAMLET: ~ Cutchogue TAX MAP NO: 1000- 116-6-3 and 4 CREEK, BAY OR HARBOR FRONTING PROPERTY: SIZE OF PROPOSED WORK: LENGTH: See project description WIDTH: REQUESTED PERMIT: 10230 New Suffolk Avenue, Downs Creek ~. Page 2. YDS. TO BE EXCAVATED: 5 YDS. TO BE FILLED: 0 MANNER IN WHICH ~MATERIAL WILL BE EEMOV~ OR DEPOSITED: Backhoe or crane. .... WIDTH OF CANAL, C~.~K OR BAY PRO~'£~NG PROPERTY: 75±' DEPTH AT LOW TIDE: 2' .AVER. RISE IN TIDE: 2'-6" DISTANCE TO NEAREST CHAN~u: 3.0'~ DISTANCE PROJECT ~=~NDS BEYOND SIMILAR PROJECTS IN AREA: 0 AREA ZONING: ,R-40 - IS PROJECT FOR PRIVATE OR BUS. USE: Private Ill, ENDED USE OF PROPERTY: No chan.~e - private residence DESCRIBE KNOWN PRIOR OPERATIONS CONDUCTED ON PREMISES: nothing recent within- Trustees jurisdiction HAS ANY PRIOR LICENSE OR: PERMIT B~.~ ISSUED TO ~ STRUu'A'~RES, DREDGE, OR DEPOSIT FILL ON SAID PREMISES: None known HAS ANY LICENSE OR PERMIT EVER BEEN REVOKED OR SUSPENDED BY A Go--AL AGENCY: No DESCRIBE FUL~.Y THE p~4ABILITATION OF PROPERTY: N/A DESCRIBE PROPOSED CONDITION oF PROPERTY AFTER WORK IS COMPLETED. N/A AN ADDITIONAL SURVEY OF PROPERTY SITE IF NECESSARY: INCLUDE ARE THERE ANY COVENANTS OR RESTRICTIONS IN YOUR DR~n WHICH WOULD PROHIBIT None THIS PROJECT: WRITTE~ CONSENT OF OWNER IF NOT THE SAME AS A~PLICANT: Attached t ApPendix C State Environme~tal Quality Renew .' SHORT ~'qVIRONMENTAL ASSESSMENT FORM For UNuSTED Ac'RaHs Only PART I--PROJECT INFORMAllON ~1'o be.completed by Appllo~nt or Prelect Adrian. McCall by Eh-COnsultants, I . u.T~-~,,Y 100230 New Suffolk Avenue, Cut~gUe S~ffolk 4. PRECISE LOCATION ~ ~dmu ~ ~ ~e~e~lo~s, m~mmem SEQR 10230 New Suffolk Avenue, Cutchogue SCTM No. 1000-116-6-3 and ~ Reglace (within 18") 43 1.~. of existing timber bulkhead. Dredge up to 10' off bulkhead to maximum degth 4' below MLW. Maximum o~ 5 c.y."of spoil will be used for backfill. ?. AMOUNT' OF LA'ID AFFE~'"I--.:D: Initially., 2; 7. acfe$ Ultimately 2 o 7 lcres 8. WILL PROPO~E~ A~T[ON COMPLY WTFH EXISTING ZONING Off OTI.IEn EXISllNG LAND USE R~i'FaGTIONS? -"~YeS [] No If NO~ de~-rl~e Ortefly WHAT iS PRESENT LAt~D USE IN VICINITY OF PROJECT? [] Residential f~ ~clu~at ~ ¢ommemml 10. DOE~ ACTION INVOLVE A PERMIT APPROVAl. OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY ~TATE OR LOOAL)? ~:] Yes [] NO If yes, list ages~-y(s} and 'psmllt/aipprovais COE, DOS, DEC 1i. OOES ANY ASPECT OF THE ACTIOt4 HAVE A CURRENTT. Y VAUD PERMIT OR APPROVAL? C']YeS I CERTIFY THAT THE INFORMATION pROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE [[/2/90 'I'~c. Date: I If the action ia in the ~oastal Are~. and you are a state agency, complete the I Coastal Assessment Form before proceeding with this asee-sment I OVER . - - 1 COUNTY OF Sb~LK ) STATE OF NEW YORK ) Roy L., Ha je BEING DULY SWOI~ DEPOSES ~ ~T. " ~ TOH~ ~ ~ OF'SO~ ~'~ CON~ ~'~ OF ~S ~Ti~. EXAMINED BY APPROVED DISAPPROVED CONDITIONS (If any) SIGNATURE OF CHAIRMAN COMPUTATION OF FEES Approved 2/27/85 19 90 ,, TOWN OF SOUTNOLD -IN- COUNTY OF SUFFOLK © I~l] ~ Ll'-' SOUTMOLD 116 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY11971 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: July 15, 2011 Re: Proposed Wetland Permit for DOWN'S CREEK, LLC, LMNY, LLC & REMCC, LLC SCTM#116-6-4 En-Consultants, Inc. on behalf of DOWN'S CREEK, LLC, LMNY, LLC & REMCC, LLC requests a Wetland Permit to construct approx. 192 If. of vinyl bulkhead in place of existing timber bulkhead (including +/-9' on adjacent easterly property and +/-63' on adjacent westerly property) and backfill with approx. 100 cy. clean sand fill from an upland source. Located: 10230 New Suffolk Ave., Cutchogue. SCTM#116-6-4 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided the following best management practice is required pursuant to: § 275-11. Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (2) Erosion control. Installation of an erosion control structure is necessary during any building, grading, landscaping or site work activity within Trustee jurisdiction. This structure may include, but is not limited to, installation of a silt fence, hay bales, wood chip berm and silt booms. The placement of the erosion control structure(s) shall be determined by the Trustees or their designee. All intertidal construction and excavation requires the installation of a silt boom that will retain all suspended sediments within the immediate proiect area. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse-, Assistant Town Attorney 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 Office Use Only etstal Erosion Permit Application land Permit Application AmendmentJTransfer/Egtension ~ffeceived Application::~_ n~ffeceived Feel ~7-'"Completed ApplicationJ~[_ __Incomplete SEQRA Classification: Type I Type I1 Unlisted Coordination: (date sent) ~WRP Consistency Ass_f4gsnlent Form b.-CAC Referral Sent: ~1~ ~ate of Inspection: __Receipt of CAC Report:_ __Lead Agency Determination: Technical Review: ~ublic Hearing Held:~lJ~_L _~__Resolution: Administrative Permit $outhold Town Board ot Trustees Name of Applicant DOWNS CREEK, LLC; LMNY, LLC; & REMCC, LCC AddressC/O ROBERT McCALL, P.O. BOX 271, CUTCHOGUE, NY 11935 Phone Number: (631) 734-4113 Suffolk County Tax Map Number: 1000 - 116-6-4 Property Location: 10230 NEW SUFFOLK AVENUE, 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 ~ard of Trustees Applica GENERAL DATA Land Area (in square feet): 53,938 SQ. FT. 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 Date SOUTHOLD TRUSTEES//3886 12/21/90 Yes X No 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 approximately 192 linear feet of vinyl bulkhead in place of existing timber bulkhead (including +/-9' on adjacent easterly property and +/-63~ on adjacent westerly property) and backfill with approximately 100 cubic yards clean sand fill from an upland source, all as depicted on the project plan prepared by Eh-Consultants, Inc., dated June 3, 2011. ~rd of Trustees Applicat WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Maintain existing erosion control structure. 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? X No Yes If yes, how much material will be excavated? N/A cubic yards How much material will be filled? +/-100 cubic yards Depth of which material will be removed or deposited: N/A feet Proposed slope throughout the area of operations: N/A Manner in which material will be removed or deposited: Approximately 100 cubic yards clean sand to be tracked in from an upland source and used as backfill landward of new bulkhead. 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): The project entails the ordinary and routine maintenance of an existing shoreline structure, specifically the in-place replacement of an existing wood bulkhead with a vinyl bulkhead. The project thus seeks only to maintain existing conditions and will have no adverse impact on the adjacent tidal wetlands or waters of the Town. PROJECT ID NUMBER PART,- PRoJecT N ORMATION ~O~.TE~E~, ~; LMNY, LLC; & REMCC, LLC BY EN-CONSULTANTS, INC. 3. PROJECT LOCATION: Municipality CUTCHOGUE 4. PRECISE LOCATION: Street Address and Road Intersections. Prominent landmarks etc - or provide map 10230 NEW SUFFOLK AVENUE, CUTCHOGUE, TOWN OF SOUTHOLD, SCTM #1000-116-6-4 6. DESCRIBE PROJECT BRIEFLY: 617.20 APPENDIX C STATE ENVIRONMENTAL' SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by A )licant or Project Sponsor) 2. PROJECT NAME County SUFFOLK SEQR Construct approximately 192 linear feet of vinyl bulkhead in place of existing timber bulkhead (including +/-9' on adjacent easterly property and +/-63' on adjacent westerly property) and backfill with approximately 100 cubic yards clean sand fill from an upland source, all as depicted on the project plan prepared by En-Consultants, Inc., dated June 3,2011. 7. AMOUNT OF LAND AFFECTED: initiatly 1,238 acres Ull~mtely 1.238 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? RYes ~ No II no, 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 list name and permit / approval: yes, agency DEC, COE, DOS 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [~Yes [~No If yes, list agency name and permit / approval: I~,~S A P,0~LT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? I [ Yes,No I CERTIFY THAT~"HE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponsor Name R~RT E, HERRMANN, COASTAL MANAGEMENT SPECIAL[ST Date: JUNE 7, 2011 Signature ~ k~. · 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 ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and usa the FULL FAF. [~Yes r~No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negatisa declaration may be superseded by another involved agency. ~lYes r~lNO c. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or gmundwaler quality or quantity, noise levels, existing traffic pettem, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: I C2. Aesthetic, agdcutiumL archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain tuiefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered spedes? Explain briefly: I C4. A community's existing plans or goals as ofrK:ially adopted, or a change in use or Intensity of use of land or other natural resources? Explain bdefly: I C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain bdefly: C6. Long terml s~ t~-rr~-~,~mulative, o; Other effects not identihed in C1~;57 Explain briefly: I ,! C7.~,'(~ther,impacts {,ncludinl~ changes in use of either quant~ or ~e of ener~l)'? F~lain briefli/: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA ICEAI? (If)'es, explain bdefl¥: I-lYes E. IS THERE, OR IS THERE LIKELY TO BE1 CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If),es explain: r~J Yes r~-I N° I PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) . INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or othenvise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impa~s have been identified and adequately addressed. If question d of part ii was checked yes, the determination of significanca must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box ff you have identified one or mom potentially large or aignificont adverse impacts which IK~Y occur. Then proceed d imc~y to the FULL FAF and/or prepare a positive declaration. Check this box if you have determined, based on the informafio~ and analysis above and any supporting documentation, that the pmpossd actior WILL NOT result in any signirmant adverse environmental impacts AND provide, on attacflments as necesca~/, the masons supporting thi.~ determination. Board of Trustees Name of Lead Agency Jill M. Doherty P~t or Type Nam/~of R~ponsible O/ffice.r~Lead Agency Signature oTResponsib~.Offi~,/~r in Lead Agency President Title of Responsible Officer Signature of Preparer (If different from responsible officer) 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 (63 I) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of DOWN'S CREEK~ LLC LMNY~ LLC & REMCC~ LLC COUNTY OF SUFFOLK) STATE OF NEW YORK) i, ROBERTE. HERRMANN AFFIDAVIT OF POSTING , taai6i~/dba EN-CONSULTANTS 1319 NORTH SEA ROAD, SOUTHAMPTON, NY 11968 being duly sworn, depose and say: That on the["aP{day of JULY , 2011, I personally posted the property known as 10230 NEW SUFFOLK AVENUE, CUTCHOGUE 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 hearing. Date of hearing noted thereon to be held Wed~ July 20~ 2011;n or about 6:00 PM. Dated: (signattlre~xa ~ Sworn to before me this 0-0''¥'- day of JULY, 2011 r~_~blic b' - ~lH H. SIEPHEHS NOIARY PUBLIC STATE OF NEW YBRK CeMMIBS[ON Ne. 5015931 UUALIFIEO IN SUFFOLK COUNTY EXPIRES AU6051 ~. 20J} NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: DOWNS CREEK, LLC; LMNY, LLC; & REMCC, LCC SCTM# lOOO-116-6-4 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to reqEe~t a,permit from the Board of Trustees to: Construct approximately 192 linear feet of vinyl bulkhead in place of existing timber bulkhead (including +/-9' on adjacent easterly property and +/-63' on adjacent westerly property) and backfill with approximately 100 cubic yards clean sand fill from an upland source, all as depicted on the project plan prepared by Eh-Consultants, Inc., dated June 3,201 I. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 10230 NEW SUFFOLK AVENUE, CUTCHOGUE 3. That the project which is subject to Environmental Review under Chapters 96,111 and/or 275 of the Town Code is open to public comment on: DATE: JULY 20TH, 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. DOWNS CREEK, LLC; LMNY, LLC; & REMCC, LLC C/O ROBERT McCALL PROPERTY OWNERS NAME: P.o. BOX 271 MAILING ADDRESS: CUTCHOGUE, NY 11935 PHONE#: 631-734-4113 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. CERTIFIED Iww%IL P David Weild 111 Qualified Personal Residence Drue Weild Qualified Personal Residence Trust Address: 484 Siwanoy Place Pelham, NY 10803 Carolyn & Russell McCall JBMNY, LLC 4540 Highway 20 E Niceville, FL 32578 Town of Southold Town Hall, 53095 Main Road P.O. Box 1179, Southold, NY 11971 Benjamin White John Brewster McCall Trust 275 Spring Street SW Atlanta, GA 30303 275 Spring Street SW Atlanta, GA 30303 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 16th day of JUNE ,20 11 , deponent mailed a true 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 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 wer~ Mailed to each of said persons by ( ce r ti fie d ) X~O{~I]{~0 } mail. ROBERT E. HERRMANN COASTAL MANAGEMENT SPECIALIST Sworn to before me this day of JUNE ,20 11 -" --N6 t a'-r y 1 6th KlM H. STEPHENS NOTARY PUBLIC STATE OF NEW YBRK COMN~SSION NO. 5015931 OUALIFIEO IN SUFFOCK COUNTY EXPIRES AUGUST 2. 20~3 rn Certified Fee r-'l Return Receipt Fee [~ (Endorsement Required) Restricted DeliveP/Fee I[~ (Endorsement Required) John Brewster McCall Trust 275 Spring Street SW Atlanta, GA 30303 Certified Fee [~ Return Receipt Fee [~ (Endorsement Required) Restricted Delivery Fee C3 (Endorsement Requited) m David We d 111 Qualified Personal Residence Sentro Drue Weild Qualified Personal Residence Trust /or~O,Box 484 S~wanoy Place Pelham, NY 10803 ir-1 Postage Certified Fee r'-I Return Receipt Fee [:~ IEndersement Required) Restricted Delivery Fee rm (Endersemem Required) Benjamin White 275 Spring Street SW Atlanta, GA 30303 ir'-I Postage Certified Fee [~ Retum ReceJpt Fee D (Endorsement Required) Restricted Delivery Fee (Endorsement Required) 5ur PO BOX b Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 m Certified Fee (Endorsement Required) Restricted Delivery Fee ,. (Endorsement Required) Sent TO Carolyn & Russell McCall ~F~i;,'~b;rx, z, JBMN, LLC o,t,oBo,,~o. 4540 Highway 20 E ~ Niceville, FL 32578 of Trustees AUTHORIZATION (where the applicant is not the owner) (print~vner of property) at J(mailing address) do hereby authorize (Agent) to apply for permit(s) from the Southold Board of Town Trustees on my behalf. net's signature) rd of Trustees County of Suffolk State of New York DEPOSF~ ~ND 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. 1N COMPLETING THIS APPLICATION, 1 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. SWORN TO BEFORE ME THIS Notary Public MARK AARDEMA Notary Public, State of 01; My Comm. Expires 09/1 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the ~art of town officers and employees. The t~umose of this form is to nmvlde information which can alert the town oft~ossible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last rome, 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 name.) 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 (If"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 t.hg~hares. 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 So uthold Title or position &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 of Trustees Application~ AUTHORIZATION (where the applicant is not the owner) (print owner of property)/ ' (mailing address) do hereby authorize (Agent) to apply for permit(s) from the Southold Board of Town Trustees on my behalf. ((~vner's signature) of Trustees Applicatio~ County of Suffolk State of New York ~¢4)qg/1 ,/~e ~ 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 1N THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Signature SWORN TO BEFORE ME THIS c~40 DAY OF 20 / O Public DONNA McGAHAN Notary Pubtic, State of New No. 01MC48514§9 Qualified In Suffolk County Commission Expires Aug. APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics nrohibits conflicts of interest on the part of town officers and emolovees. The ~uraose of this form is to vmvide information whleh can alert the town of vossible conflicts of interest and allow il: t9 t~e whgt~vcr action is necessary to avoid same. (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 name.) 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 (If "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 corpormion); B) the legal or beneficial owner of any intercst 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 1 Submitted this Signature 6~ ~'~ Print Name of Trustees Application AUTHORIZATION where the applicant is not the owner) (print owner of pr6perty) (mailing address) do hereby authorize (Agent) to apply fbr permit(s) from the Southold Board of Town Trustees on my behalf. (Owner s signature) of Trustees Application County of Suffolk State of New York ~f,~,/~_ r ,/~f~ ,/~ ~'~.,rp2- L.~ BEING DULY SWORN I~EP6~E'S AND A'F'FIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Signature SWORN TO BEFORE ME THIS C~ ~ DAY OF,~_~~,20 ti[ Notary Public No,ap/Public, No. OIVA61 ~U~ Qua ified nS Commission gxp ts:: APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics omhibits conflicts of interest on the vart of town officers and employees. The t~uroo~e of this form is to t~rovide information which can alert the town of oossible conflicts of interest and allow it to takt~ whatever action is necessary to avoid same. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a compm~y. If so, indicate the other person's or company's name.) NAME OF APPLICATIGN: (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 (If"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 tben 5% of the shares. YES NO L// 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 &that person Describe the relationship between yourself(the applicant/agenr~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 entiiy (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 ~. 200 Signature ~P~ ~ ~';A"~ c ~:.~,/ Print Name t~ ' ~- _ EN-CONSULTANTS, INC. 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com ENVIRONMENTAL CONSULTING June 6, 2011 Mark Terry, LWRP Coordinator Planning Board Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Downs Creek~ LLC and others~ 10230 New Suffolk Avenue~ Cutchogue Dear Mr. Terry: Attached please find a copy of an application being filed with the Board of Trustees for a Town Wetlands Permit to replace existing timber bulkheading with vinyl bulkheading in the same location, as depicted on the project plan prepared by En-Consultants, Inc., dated June 3, 2011. Pursuant to Town Code §268-5 ("Review of Actions") and the corresponding definitions of "action" and "minor action" by §286-3 ("Definitions"), the project meets the following definition of minor action and is thus not subject to waterfront consistency review pursuant to Chapter 268: "GG. Within all Town creeks, replacement of existing bulkhead on the applicant's property in the same location with a silt curtain deployed prior to and during construction." Therefore, I have not filed an LWRP Consistency Assessment Form with the Trustees. Should you determine the project is not exempt from waterfront consistency review, however, please let me know and I will file the form with your office immediately. Robert E. Heirimmn Coastal Management Specialist cc: Lauren Standish, Board of Trustees EN-CONSULTANTS, INC. 1319 No~h Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www.enconsultants.com ENVIRONMENTAL CONSULTING 3une 23, 2011 Town of Southold Board of Trustees 54375 Main Road Post Office Box 1179 Southold, New York 11971 Atm.: Lanren Standish Re: Downs Creek, LLC; LMNY, LLC & REMCC, LLC 10230 New Suffolk Avenue, Cutchogue SCTM #1000-116-6-4 Dear Ms. Standish: In regard to the above referenced property, enclosed are the following for the Board of Trustees review: Three (3) Wetland Permit Applications including: a) Short Environmental Assessment Form; b) Authorization & Disclosure Forms; c) project plans; and d) survey. One (1) set of site photographs. Copy of Permit #3886 Application fee of $250.00 wetlands. 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. Sincerely, Robert E. Hemnann Coastal Management Specialist /khs Enc. APPROVED BY · ?,RD OF TRUSTEES ~ 5'¢/N OF SOUTH©lO 1"--50' E N- CONSULTANTS 1319 NORTH SEA RD, SOUTHAMPTON, NY 11968 631-283-6360 (IN I~) POt~ PC~AN5 CI~I~K, bi.C: b/~lxlY, bbG ~ I~/V~, LCC ON PC~xl5 CI~K, CLIfCh~(.~, ff:~POLK CO,, NY 51~l~fl OF:I 6/~/11.1/14/11 0 NOTES SURVEY OF PROPERTY SITUATE CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-116-06-04 SCALE 1"=30' APRIL 16, 2011 AREA = 53,938 sq. fl, (TO BULKHEAD) 1.238 oc. 1. ELEVATIONS ARE REFERENCED EXISTING ELEVATIONS ARE TO N.A.V.D. 1988 DATUM SHOWN THUS:~O -%, UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY is A VIOLATION OF N,Y,S, Li6, No, 50487 Nathan Taft Corwmn III Land Surveyor Successor To, S[unley J Isoksen, Jr ES Joseph A Ingegno PHONE (631)727-2090 F<~x (851)727-1727 31 049