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Home My WebLink AboutTR-7627 Jill M. Doherty, President Bob Ghosio, Jr., Vice-Presiden~ 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 CERTIFICATE OF COMPLIANCE # 0708C Date: December 6, 2011 THIS CERTIFIES that the stabilization of the washed out/denuded portion of the bluff face with wood terrace retaining walls; re-nourish bluff area with clean fill; stabilize with erosion control matting; re-vegetate the area; a berm on the landward side of the non-turf buffer area; a 15' wide non-turf buffer area to be maintained along the top of bluff At 2800 Dignan's Road, Cutchogue, New York Suffolk County Tax Map # 83-2-13.5 Conforms to the applications for a Trustees Permit heretofore fried in this office Dated June 24, 2011 pursuant to which Trustees Wetland Permit #7627 Dated August 24, 2011 and Trustees Coastal Erosion Permit #7627C Dated August 24, 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 stabilization of the washed out/denuded portion of the bluff face with wood terrace retaining walls; re-nourish bluff area with clean fill; stabilize with erosion control matting; re-vegetate the area; a berm on the landward side of the non-turf buffer area; a 15' wide non-turf buffer area to be maintained along the top of bluff The certificate is issued to CUTCHCOTT, LLC owner of the aforesaid property. ~t~orize~(Ad S~i~at~ur'~ Jill M. Doherty, President Bob Ghosio, Jr., Vice-President Jame~ F. King Dave Bergen John Bredemeyer Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (63 I) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DATE OF INSPECTION: t~ Ch. 275 X Ch. 111 INSPECTION SCHEDULE Pre-construction, hay bale line/silt boom/silt curtain 1st day of construction ~ constructed complete, compliance inspection. Project INSPECTED BY: ~, ~T,2 ~ ,1 COMMENTS: CERTIFICATE OF COMPLIANCE: MARTIN D. FINNEGAN TOWN ATTORNEY martin.finnegan@town.southold.ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jennifer.andaloro@town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse@town.southold.ny.us SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Robert E. Herrmann Coastal Managemem Specialist 1319 North Sea Road Southampton, NY 11968 RE: Cutchcott, LLC, Wetlands Permit No. 7627 October 14, 2011 Dear Mr. Herrrnann, I have reviewed the Declaration of Covenants draft you submitted to this office with respect to the above referenced applicants concerning the fil~een foot wide non tuff, naturally vegetated buffer to be established and maimained adjacent to and landward of the top of bluff. The covenants and restrictions documem 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, Assistant Town Attorney Cc: Board of Trustees ~ EN-CONSULTANTS 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com ENVIRONMENTAL CONSULTING November 9, 2011 Lauren Standish Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Cutchocott~ LLC, Wetlands Permit No. 7627 Dear Ms. Standish: In satisfaction of Term and Condition #8 of the captioned permit, the required Declaration of Covenant was recorded in the Office of the Suffolk County Clerk on November 9, 2011. A copy of the recorded document is enclosed for your files. Respectfully yours, Enclosure cc: Justin Maylath COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK CC#: C11-41908 I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on11/0912011 under Liber D00012676 and Page 168 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this '11/0912011 SUFFOLK COUNTY CLERK JUDITH A. PASCALE SEAL SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Number of Pages: 4 Receipt Number : 11-0122998 District: 1000 Recorded: At: 11/09/2011 09:50:27 ~ Page/Filing COE TP-584 Cert. Copies Received the Following Fees For Above Instrument Exempt Exempt $20.00 NO Handling $20.00 NO $5.00 NO NYS SRCHG $15.00 NO $0.00 NO Notation $0.00 NO $5.00 NO RPT $30.00 NO Fees Paid $95.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County LIBER: D00012676 PAGE: 168 Section: Block: Lot: 083.00 02.00 013.005 EXAMINED AND CHARGED AS FOLLOWS Number of pages This document will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage Instrument Deed / Mortgage Tax Stamp 3 I FEES Page / Filing Fee Handling 20. 00 TP-584 Notation EA-52 17 (County) Sub Total EAoS217 (State) Comm. of Ed. 5. 00 Affidavit Certified Copy ,, _} NYS Surcharge 15. 00 Sub Total Other ~', ' Grand Total 4 Dist Real Prop Tax Servic Agency Verificati 1000 08300 0200 013005 3.005 8 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: En-Consultants 1319 North Sea Road Southampton, NY 11968 Mail to: Judith A. Pascale, Suffolk County Clerk 71 310 Center Drive, Riverhead, NY 11901 Co. Name www.suffolkcountyny.gov/clerk I Title # Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit or Spec./Add. TOT. MTG. TAX. Dual Town __ Dual County __ Held for Appointment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clau~e ~n page# __ofthisinstrum?ni. t $ I:ommunlty Presentation Fund Consideration Amount $ CPF Tax Due $ TD TD TD Title Company Information Suffolk County Recording & Endorsement Page Declaration of Covenants (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. This page forms part of the attached by: Cutchocott, LLC made TO IntheTOWNof Southold Town of Southold In the VILLAGE Board of Trustees or HAMLETof Cutchogue BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) DECLARATION OF COVENANTS THIS DECLARATION made this l day of ~L~fl~ 2011, by Cutchcott, LLC, with offices at 4925 Collins Avenue, Miami Beach, FL 33140, hereinafter referred to as 'q)ECLARANW': WITNESSETH: WHEREAS, DECLARANT is tho owner of certain real propm~ty located on Dignan's Road, Cutchogue, Town of Southold, County of Suffolk, State of New York, described in the Suffolk County Tax Map as District 1000, Section 83, Block 2, Lot 13.5, which is more particularly bounded and described as set forth in Schedule "A" annexed hereto, hereinafter referred to as tho Property; WHEREAS, the Property is situa*~xi on lands within the jurisdiction of the Board of Trustees of the Town of Southold (hereinafter the "Trustees") pursuant to Chapter 275 of the Town Code of the Town of Southold or its successor, and various activities conducted upon the prope~y may thus be subject to the regulation and approval of the Trustees prior to being conducted; WHEREAS, the DECLARANT therefore made application to the T~ for a permit pursuant to the Wetlands Law of the Town of Southold to undertake certain regulated activities; and WHEREAS, as a condition of the granting ora Wetlands Permit to undertake such regulated activities, the Trustees required that a fifteen-foot wide "nontorf buffer" be established adjacent to and landward of the top of the bluff, NOW, THEREFORE, the DECLARANT does h~r~by covenant and agree as follows: 1) Upon the substantial completion of the aforemantioned permitted activities there shall be established and subsequently maintained adjacent to and landward of the top of the bluff on the subject premises a fifteen-foot wide "nonturf buffer" as defined by Chapter 275 of the Town Code; and 2) These covenants shall mn with the land and shall be binding on the DECLARANT, its heirs, assigns, purchasers, or successors in interest and may be modified only upon resolution of the Board of Trustees. IN WITNESS WI-~REOF, the owners have duly executed this instrument this .~_day of k~o~ , 2011. STATE OF ~: SS; cotr rY OF : Onthe I. day of_l\lo~,g, ll~l~x__~ in the year 2011, before me the u~dersigned, a Notary Public in and for said State, personally appeared ~ per~onaily known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in har cepaoity, and that by her signature on the instrument, the individual or the person on behalf of which the individual acted, executed the inslmment GAILA. GHOSIO Notan/Pu.b, li¢,~.~..o~ New York _ Qu~lifle_d in. Suf~.91k .Co~u~nt..vA ~ommiaslon ~.X~}lre$ M~rcn "l~,~u 2 SCHEDULE A ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Sunthold, County of Suffolk and State of New York bounded and described as follows: BEGINNING at a point marked by a monument on the division line between land of $ohn Zuhoski on the west and land now or formerly of David Dignan on the east, said point being north 46 degrees 39 minutes 50 seconds west, 3067.33 feet along said line from a point on the northerly line of Oregon Road, where same is intersected by the center line of a certain fight of way set forth in Liber 5187 Cp 289; RUNNING THENCE, from said point of beginning, south 43 degrees 20 minutes 10 seconds west, along the southerly line of premises set forth in Liber 11488 Cp 54, 25.00 feet to a point; THENCE north 46 degrees 39 minutes 50 seconds west still along land now or formerly John Zuhoski, 222.40 feet to a point; THENCE north 88 degrees 17 minutes 50 seconds west still along land now or formerly John Zuhoski, 40.62 feet to land now or formerly Murray Clapper; THENCE north 27 degrees 00 minutes 00 seoonds east along said land now or formerly Murray Clapper, 289.18 feet to the mean high water mark ofthn Long Island Sound as of 8/18/94; THENCE generally easterly along the mean high water mark of the Long Island Sound as of 8/18/94 the tie line of which is south 70 degrees 29 minutes 10 seconds east, a distance of 125.98 feet to land now or formerly David Dignan; and; THENCE south 05 degrees 02 minutes 10 seconds west along said lend now or formerly David Dignen, 354.32 feet to the point or place of BEGINNING. TOGETHER with the Benefits of that certain non-exclusive 20 foot'wide Right-of-Way as more fully described in Liber 5187 Cp 289 over land now or formerly John Zuhoski to Oregon Road. SUGJECT to the Burdens of a non-exclusive 16 foot and 20 foot Right-of-Ways described in LIber 5187 Cp 287 and earlier instruments of records in favor of premises westerly. Premises are the same as those described in Liber 9358 page 595, Liber 9982 page 88 and part of the premises in Liber 11488 page 054. 3 Cantrell, Elizabeth From: Sent: To: Cc: Subject: Jill Doherty <jilld927@optonline.net> Wednesday, November 23, 2011 12:39 PM David Bergen Bob Ghosio; jbme4u@grnail.com; Cantrell, Elizabeth; Standish, Lauren RE: FW: Buffer Area - Cutchcott, LLC ! have to look at the permit. ! remember saying leave the planting alone and add to it when the deck is removed. T will look at it on Monday. On Wed, Nov 23, 2011 at 12:26 PM, David Bergen wrote: The challenge here is that the permit calls for a berm, ! believe a foot high and this means digging out lots of plants, "installing" a berm, then replanting. ! believe what Rob is asking for here is to leave the majority as is with the current "mini berm". Unfortunately ! think that the plans called for a one foot berm all along the top. From: Robert Herrmann [mailto:rherrmann@enconsultants.com] Sent: Wednesday, November 23, 201:L :L2:22 PM To: 'Cantrell, Elizabeth' C¢: David Bergen; 'judy'; ',lustin Maylath'; Sterling, Peter Subject: Buffer Area - Cutchcott, LLC Liz, ! met at this site on Monday with Peter S. from Environment East, Peter S. from Plantings by the Sea, and .lustin Maylath, the owner, to discuss compliance with the buffer requirement, which ! understand Dave has also been discussing with Environment East. As discussed at the hearing, much of the 15' wide area behind the crest of bluff, which was nicely maintained by the terracing, is already vegetated and should not be disturbed. However, the existing turf areas within the proposed 15' buffer should be removed and replaced with plantings, as also discussed and agreed. As all of the existing planter areas are currently raised in a miniature berm type fashion, it was my recommendation that the expanded planting beds (to replace the turf) be implemented in this same configuration so as to satisfy the proposed berm design feature. The intention of the miniature berm is to pitch the grade back toward the house and away from the bluff to control the flow of sheet runoff, and I think this should work out nicely. Should anyone have any questions, please let me know. Happy Thanksgiving, Rob 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 1 st day of construction ~ constructed Project complete, compliance inspection BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7627&7627C DATE: AUGUST 24~ 2011 ISSUED TO: CUTCHCOTT~ LLC PROPERTY ADDRESS: 2800 DIGNAN'S RD.~ CUTCHOGUE SCTM#83-2-13.5 AUTHORIZATION Pursuant to the provisions of Chapter 275 and Chapter 111 of the Town Code of the Town of Southold ~ in accordance with the Resolution of the Board of Trustees adopted at the meeting held on Auanst 24.2011 in consideration, of application fee in the sum of $500.00 paid by Cutchcott. LLC and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits ¢ Wetland Permit and Coastal Erosion Permit to stabilize the washed out/denuded portion of the bluff face with wood terrace retaining walls; re-nourish with approx. 200 cy. clean fill to be trucked in from an upland source as necessary to renourish the bluff face; stabilize with erosion control matting; plant with native vegetation ie. beach grass, Virginia Creeper, Virginia Rose, and Bayberry; and establish a 15' non-turf buffer with 3' wide berm landward of the bluff, and as depicted on the revised project I~ by En-Consultants last dated August 17, 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, Cutchcott, LLC, 2800 Dignan's Rd., Cutchogue, NY as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third 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 ma5 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 aloRg 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 pamel. Such evidence shall be provided within ninety (90) calendar days of issuance of this permit. That the said Board will be notified by the Pcnnittee of the completion of the work authorized. I0. 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., Vies-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 #7627C Applicant/Agent: En-Consultants Permittee: Cutchcott, LLC SCTM#: 83-2-13.5 Project Location: 2800 Dignan's Rd., Cutchogue Date of Resolution/Issuance: August 24, 2011 Date of Expiration: August 24, 2013 Reviewed by: Board of Trustees DESCRIPTION OF ACTIVITY: To stabilize the washed out/denuded portion of the bluff face with wood terrace retaining walls; re-nourish with approx. 200 cy. clean fill to be trucked in from an upland source as necessary to renourish the bluff face; stabilize with erosion control matting; plant with native vegetation ie. beach grass, Virginia Creeper, Virginia Rose, and Bayberry; and establish a 15' non-turf buffer with 3' wide berm landward of the bluff, and as depicted on the revised project plan prepared by Eh- Consultants last dated August 17, 2011. INSPECTIONS: Final Inspection SPECIAL CONDITIONS: (apply if marked) In accordance with Chapter 111-15 Erosion Protection Structures: XX A maintenance agreement is attached hereto and is a necessary special condition of this permit. 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 Fa~ (631) 765-6641 August 24, 2011 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Robert E. Herrmann En-Consultants 1319 North Sea Rd. Southampton, NY 11968 RE: CUTCHCOTT, LLC 2800 DIGNAN'S RD., CUTCHOGUE SCTM#83-2-13.5 Dear Mr. Herrmann: The Board of Town Trustees took the following action during its regular meeting held on Wed., August 24, 2011 regarding the above matter: WHEREAS, En-Consultants on behalf of CUTCHCOTT, LLC applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance, and Chapter 111 Coastal Erosion Management, applications dated June 24, 2011, and, WHEREAS, said applications were 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 app cat ons be found Consistent with the Local Waterfront Revitalization Program po cy standards, and, WHEREAS, a Public Headng was held by the Town Trustees with respect to said applications on August 24, 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, 2 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, and, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, and, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees has found the applications to be Consistent with the Local Waterfront Revitalization Program, and, BE IT FUTHER RESOLVED, that the Board of Trustees APPROVES the applications of CUTCHCOTT, LLC to stabilize the washed out/denuded portion of the bluff face with wood terrace retaining walls; re-nourish with approx. 200 cy. clean fill to be trucked in from an upland source as necessary to renoudsh the bluff face; stabilize with erosion control matting; plant with native vegetation ie. beach grass, Virginia Creeper, Virginia Rose, and Bayberry; and establish a 15' non-turf buffer with 3' wide berm landward of the bluff, and as depicted on the revised project plan prepared by En-Consultants last dated August 17, 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 IV~ Doherty,'l:~'reside~ Boa~ of Trustees JMD/Ims Peter Young, Chairman Lauren Standish, Secreta~ 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., July 13, 2011, the following recommendation was made: Moved by Meaghan Burke, seconded by Jack McGreevy, it was RESOLVED to SUPPORT the Wetland Permit and Coastal Erosion Permit applications of CUTCHCOTT, LLC to restore and stabilize eroded and denuded portion of bluff by regrading and translating landward existing bluff crest (variable width) to remove vertical lip; using approx. 200 cy. of resultant material plus up to approx. 50 cy. of clean sand to be trucked in from an upland source as necessary to renourish bluff face; construct a terrace retaining wall along the seaward limit of erosion to contain and stabilize the renourishment material which is to be further stabilized with erosion control matting and replanted with native vegetation; and establish a 15' non-turf buffer with small berm landward of the bluff. Located: 2800 Dignan's Rd., Cutchogue. SCTM#83-2-13.5 Inspected by: Meaghan Burke, Peter Young, Jack McGreevy The CAC Supports the application, however, questions the legality of the wood platform at the top of the beach stairs and compliance with current codes. Vote of Council: Ayes: All Motion Carried Jill M. Doherty, President Bob Ghosio, Jr., Vice-President Jmnes F. King Dave Bergen John Bredemeyer P.O. Box ll79 Southold, NY 11971 Telephone(631 765-1892 Fax (631)765-6641 Southold Town Board of Trustees Field Inspection/VVorksession Report Date/Time: "~ -I~ .~ ~t/ 6MTOH6OTT, LLG requests a Wetland Permit and 6oaetal Erosion Permit to restore and stabilize eroded and denuded portion of bluff by regrading and translating landward existing bluff crest (variable width) to remove vertical lip; using approx. 200 cy. of resultant material plus up to approx. 50 cy. of clean sand to be trucked in from an upland source as necessary to renourish bluff face; construct a terrace retaining wall along the seaward limit of erosion to contain and stabilize the renourishment material which is to be further stabilized with erosion control matting and replanted with native vegetation; and establish a 15' non.turf buffer with small berm landward of the bluff. Located: 2800 Dignan's Rd., Cutchogue. SCTM#83-2-13,5 Typej:ff'area to be impacted: , / ~"~ltwater Wetland Freshwater Wetland (~./~ound Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: L~cffi'apt.275 Chapt. 111 other Type of Application: L/'//Wetland __Coastal Erosion __Amendment __Administrative__Emergency Pre-Submission __Violation Info needed: Conditions: Pres, entWere:~c//J/.Doherty [~.Ghosio L.~iKing7 \~/J. Bredemeyer D. Dzenkowski other Form filled out in the ~j~ld by Mailed/Faxed to: Date: ~. D. Bergen, Board Of Southold Town Trustees SOUTHOLD, NEW YORK · Pursuant to the provisions, of Chapter 615 of the L~ws_ ?f the State of New Yor~, 18931 and ~er ~ of State ~ New York 1952: and ~e ~u~dd Town O~ma~e eh- fffled "R~U~TIN~ AND ~E ~CIN~ OF O~UC~ONS IN AND ON TOWN WATERS AND PUBLIC ~DS and REMOVAL OF SAND, ~VEL OR O~ER MA~RIA~ FROM ~NDS UNDER TOWN WA~RS[' and in accordan~ wffh ~esol~ion of The Board ad0~d at a meeting held on ....61.~1.9.6 .... 19...~fi., end in consideration ~ the sum of $L.50,.~ ....... ~id'by of ......... ~t~h~gmm..:..; ........................................ N. Y. end su~j~ te the Te~s end Condd,ons ~,~ on the mve~ ,,de he--f, ~ Soufhdd Town Tr~s ~uthorizes end perm}h To b~d $t~rs ~rom top of bluff to bottom bet~ bl~f ~d L.I. So~d ail in e~Men~ ~ the dete~ specl~fi~ · e ~gj~fing appJJ~fion. IN WITNESS WHERe, ~e ~id ~rd by c~u~J its ~or~ret~ Se~l to be ~xed, end ~e p~ be sub~Jbed by · melori~ of t~ ~M ~ es of th~s d~t~. CUTCHCOTT~ LLC~ 2800 DIGNAN'S ROAD~ CUTCHOGUE Figure L Looking southeast at easterly portion of project site. Figure 2. Looking sonthwest at westerly portion of project site. CUTCHCOTT~ LLC, 2800 DIGNAN'S ROAD~ CUTCHOGUE Figure 3. Looking south from bench up blu.[f fitce and at project site during winter. (Upper portion of bluff face and project site presently obscured by vegetation ou lower half of bluff). Jill M. Doherty, President Bob Ghosin, Jr., Vice-President James F. King Dave Bergen John Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 1197 ! -0959 Telephone (631 ) 766-1892 76 -66 1 BOARD OF TOWN. TOWN OF $OUTHOLD 30-YEAR MAINTENANCE AGREEMENT EROSION PROTECTION STRUCTURES- .... CHAPTER 111 -1 5 OF THE SOUTHOLD TOWN CODE I ONe) FUSTIN MAYLATH FOR CUTCHCOTT, LLC The owners of record of property at, 2800 DIGNAN'S ROAD, CUTCHOGUE SCTM #1 000-83-2-133 in applying for a Coastal Erosion Permit for an erosion protection structure do hereby agree to a 30-Year Maintenance program for a structure as described: Bluffrestorafion & stabilization with terrace retaining walls and plantings, all as depicted on the project plan ix~pared by Eh-Consultants, last d~t_ed Au6,ust 17, 2011. 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 and/or equivalent to the original approved structure. Any maintenance which involves more than 50% of the length of this structure requires approval of the Board of Trustees. We fixrther understand that failure to maintain the s .~. cture could result in a requirement to post a bond and/or have the 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 important natural resource fea~. GAILA. GHOSIO Notar~ Pu.b. lic,~t~J~e~_o_f New York NO. I~1 ~,fZ/U Qualir~d in Suffolk County Commission Expim~ March 19,20 [C3 This maintenance agreement sh..~, .only be valid upon the attachment of a licensed land survey/and or site plan made w~thin one year of the original construction and validated to show the final approval of the administrator. SECTION A-A: TYP. SECTION THRU BLUFF RESTORATION SCALE: 1"= 20' +/- 49' (var.) ~ APPROX. 16' - 25' WIDE WASHED OUT PORTION OF BLUFF FACE PROPOSED NON-TURF BUFFER TO BE RENOURISHED WITH APPROXIMATELY 250 CUBIC YARDS ~_ (157 _~ , / OF MATERIAL TO BE TRUCKED IN AS NECESSARY) AND -. - +/-16 (var) / REPLANTED WTTH NATIVE VEGETATION, E.G., CAPE AMERICAN PROPOSED 12 BERM ~= ~,~ BEACH GRASS, VIRGINIA CREEPER, VIRGINIA ROSE, AND BAYBERRY (+1-15 CY CLEAN SAND) I ~, 13't~--- (. BLUFF CREST PROPOSED TERRACE WALLS (I'YP.) 2' x 12' BOARDS TIED ,' x 10' GALVANIZED PIPES) +9' PEN. VEGETATED PORTION OF BLUFF SEAWARD OF . PROPOSED TERRACE WALL TO REMAIN UNDISTURBED EN-CONSULTANI~? 1319 NOR11.I SEA ROAD SOUIHAMPTON, iff 11968 631-283-6360 · 2. z ~,. ,,ti F'I~OP~9 ~Lr-f 1~51'OP, A11ON CUI'CHCOI'T, LL¢ ON L,Ot~ 5OtiS, 61J1'O,,IO~i1~o ~LI~POLK CO,, NY .51,1~f.f I O~ :2 6-2HI, 8-17-11 A EN-CONSULTANTS, INC. 1319 No~h Sea Road Southampton, New York 11968 631-283-6360 Fax:631-283-6136 www. enconsultants.com ENVIRONMENTAL CONSULTING Jill Doherty, Chairwoman Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Cutchcott, LLC, 2800 Dignan's Road, Cutchogue ............................ August 18, 2011 Dear Mrs. Doherty: After further discussions with his landscape contractors, the applicant has decided to follow the Board's suggestion of redesigning the bluff restoration plan so as to maintain the existing, vegetated bluff crest, which would be accomplished by using multiple terrace retaining walls to stabilize the upper portion of bluff, all as depicted on the revised project plan prepared by En-Consultants, last dated August 17, 2011, three (3) copies of which are attached hereto. As discussed, this change in design would also obviate the need to remove, reconstruct, or otherwise alter the existing platform at the top of the stairway. Coastal Management Specialist 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 From: Mark Terry, Principal Planner LWRP Coordinator $ ou~ha d Iowa Board ef Trvstees Date: July 20, 2011 Re: Proposed Wetland Permit and Coastal Erosion Permit for CUTCHCOTT, LLC SCTM#1000-83-2-13.5 En-Consultants, Inc. on behalf of CUTCHCOTT, LLC requests a Wetland Permit and Coastal Erosion Permit to restore and stabilize eroded and denuded portion of bluff by regrading and translating landward existing bluff crest (variable width) to remove vertical lip; using approx. 200 cy. of resultant material plus up to approx. 50 cy. of clean sand to be trucked in from an upland source as necessary to renourish bluff face; construct a terrace retaining wall along the seaward limit of erosion to contain and stabilize the renourishment material which is to be fudher stabilized with erosion control matting and replanted with native vegetation; and establish a 15' non-tuff buffer with small berm landward of the bluff. Located: 2800 Dignan's Rd., Cutchogue. SCTM#83-2-13.5 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. 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 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 Office Use Only ~Coastal Erosion Permit Application --~etland Permit Application Amendment/Transfer/Extension ~ceived Application::~ ~Received Feel ~'~r~ . --~/~Completed Application I/D!~-~I.[ ! [{ Incomplete _ SEQRA Classification: Type I Type Il Unlisted__ Coordination: (date sent) - ~-WRP Consistency Assessment Form -~AC Referral Sent: ('~ [ I I II ~ ..[~te oflnspection: r] !.~.~) II Receipt of CAC Report: Lead Agency Determination: __ Technical Review: i.~blic Hearing Held: Q J~ ~1 _ Resolution: Administrative Permit Name of Applicant CUTCHCOTT, LLC JUSTIN MAYLATH, MANAGING MEMBER Address H FL 114 I ST RIVO ALTO TERRACE, MIAMI BEAC , 33139 Phone Number: 005) 720-4525 Suffolk County Tax Map Number: 1000 - 83-2-13.5 Property Location: 2800 DIGNAN'S 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 Applice GENERAL DATA Land Area (in square feet): 57,200 s.f. Area Zoning: 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 WETLANDS #4614 6-27-96 Yes X No __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? No Yes If yes, provide explanation: Project Description (use attachments if necessary): Restore & stabilize eroded and denuded portion of bluffby mgrading and translating landward existing bluff crest (variable width) to remove vertical lip; using approximately 200 cubic yards of resultant material plus up to approximately 50 cubic yards of clean sand to be trucked in from an upland source as necessary to renourish bluff face; constructing a terrace retaining wall along the seaward limit of erosion to contain and stabilize the renourishment material which is to be further stabilized with erosion control matting and replanted with native vegetation; and establishing a 15' non-turf buffer with small berm landward of the bluff, all as depicted on the project plan prepared by Eh-Consultants, Inc., dated June 21,2011. ½oard of Trustees WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: To restore and stabilize eroded/denuded portion of bluff face. 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? +/-200 cubic yards How much material will be filled? +/-250 cubic yards Depth of which material will be removed or deposited: Proposed slope throughout the area of operations: 1:1.5 Manner in which material will be removed or deposited: See project plan and project description. feet Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): The project seeks to renourish, revegetate, and stabilize the upper portion of the bluff face, which has been eroded and denuded of its natural vegetation by overwash from the top of the bluff. The lower portion of the bluft; which remains vegetated and stabilized of the toe with an existing bulkhead will remain undisturbed. The project will thus has no impacts on the adjacent unvegetated tidal wetlands/waters of the Town. ~oard of Trustees ApplicaOn COASTAL EROSION APPLICATION DATA Purposes of proposed activity. To restore and stabilize eroded/denuded portion of bluff face. 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? +/-200 (cubic yards) How much material will be filled? +/-250 (cubic yards) Manner in which material will be removed or deposited: See project plan and project description. Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) The project seeks to regrade and remove the sheer lip at the existing bluff crest and translate the bluff crest landward to eliminate the risk of further avulsive loss of the top of the bluff, which together with renourishment of the eroded portion of bluff immediately below it will create a more stable angle of repose in the upper portion of the bluff face. Placement of a terrace retaining wall at the seaward limit of the erosion/renourishment area will help to sustain this angle of repose and allow for the reestablishment of native plantings in the renourished area to complete the vegetative restoration of the bluff face, which is the site% natural protective feature. The terrace wall will also prevent the renourishment material from burying or otherwise disturbing the still vegetated lower portion of bluffwhen it is deposited onto the bluff face. A naturally vegetated non-turf buffer and small berm will be established in place of existing lawn and landscape vegetation landward of the bluff crest to reduce and mitigate the potential for and impacts of future surface water runoff events over the top of the bluff. Therefore, the anticipated impacts of the project are the vegetative restoration, stabilization, and maintenance of the bluff face, which will benefit both the subject and adjoining properties without causing any significant adverse impacts thereto. I~ROJECT ID NUMBER 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1 - PROIECT INFORMATION ( To be completed by A ~licant or Project Sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME 2UTCHCOTT, EEC BY EN-CONSULTANTS, INC. 3. PROJECT LOCATION: Mm~idpdlty CUTCHOGUE County SUFFOLK 4. PRECISE LOCATION: Street Address and Road Intersections. Prominent landmarks etc - or provide map .)800 DIGNAN'S ROAD, CUTCHOGUE, TOWN OF SOUTHOLD, SCTM #1000-83-2-13.5 5. IS PROPOSED ACTION: [~New [~] Expansion [~ iVixtffication / alteration DESCRIBE PROJECT BRIEFLY: SEQR ~store & stabilize eroded and denuded portion of bluff by regrading and translating landward existing bluff crest (variable Mdth) to remove vertical lip; using approximately 200 cubic yards of resultant material plus up to approximately 50 cubic yards of clean sand to be trucked in from an upland source as necessary to renourish bluff face; constructing a terrace retaining wall along the seaward limit of erosion to contain and stabilize the renourishment material which is to be further stabilized with erosion control matting and replanted with native vegetation; and establishing a 15' non-turf buffer with small berm landward ol the bluff, all as depicted on the project plan prepared by En-Consultants, Inc., dated June 21,2011. 7. AMOUNT OF LAND AFFECTED: ini~y 57,200 s.f. acres Ultimately 57,200 s.f. acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? [~Yes [] No lfno, describebrietly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) [~ResidenBal [~Indush'ial [~]Commercial []Agriculture D Park / Forest / Open Space [~]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 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? I--lYes [~No If yes, list name and permit / approval: agency I~,,..~S A R~JLT OF PROPOSED ACTION WlLL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? I CERTIF{Y THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE AppEcant / Spons~ROBERT E. HER~RMANN, COASTAL MANAGEMENT SPECIALIST Date: JUNE 23,2011 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 ASSESSMENT (To be completed by Lead A~lency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL FAF. [] Yes [] No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a nngagve declaration may be superseded by another involved agency. [~] Yes []No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may he handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattem, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain bhefly: I C2. Aesthetic, agricultural, archaeological, hlstedc, or other natural or cultural reseomes; or community or neighberhond character? Explain briefly: I 03. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threateoed or endangered species? Explain briefly: Cf. A community's existing plans or goals as officially adopted, or a change in use or intens~ of use of land or other natural resources? Explain brie~: i_ , C$. Gre~th, sub~quent development, or related aO¥ifies likely to I~ inducad by the proposed action? Explain I~etiy: C6. Long term, short term, cumulative, or other effects not identitied in Cl-C57 Explain bdefly: I Other impacts (inciudin~ chan~es in use of ether c~uanti~'or t}~pe of enemy? Explain bdefl~/: WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA/CEA/? (If ~'es, explain briefly': [~Yes []No E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? tt ~es explain: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) . INSTRUCTIONS: F~reachadversee~ectidentifiedab~ve~determinewhetheritissubstsntia~~~arge~imp~rtant~r~thenv~sesigni~cant~ Each effect should be assessed in connection with its (a) setting (i.e. u;ban or rural); (b) probability of occurring; (c) duration; (d) in'eversibifity; (e) geographic scope; and (t) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes, the determination of significanse must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULl FAF and/or prepare a positive deciarafion. Check this POX if you have determined, based on ~he information and analysis sbeve and any supporting documen{ation, that the proposed actio; WILL NOT result in any significant adverse envimomentel impacts AND provide, on attachments as necessary, the reasons supporting thi; determination. Board of Trustees Name of Lead Agency Date Jill M. Doherty President Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from respons/ble 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 I 179 Southold, NY I t971 Telephone (631 ) 765-1892 Fax (631) 765~6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of CUTCHCOTT~LLC COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, ROBERT E. HERRMAN~N , £~ki~t/dba EN-CONSULTANTS 1319 NORTH SEA ROAD, SOUTHAMPTON, NY 11968 being duly sworn, depose and say: That on thei"J~day of JULY , 2011, I personally posted the property known as 2800 DIGNAN'S ROAD, 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~on or about 6:00 PM. Dated: (signature) Sworn to before me this ~ day of JULY, 2011 KIH H. STEPHENS NOTARY PUeLIC STATE OF NEW YORK CO~MISSION NO. 5015931 OUALIFIED IN SUFFOLK COUNTY EXPIRES AU6UST 2. 20~ NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: CUTCHCOTT, LLC SCTM# 1000-83-2-13.5 YOU ARE HEREBY GIVEN NOTICE: ~ 1. That it is the intention of the undersigned to reqq~ arPYrmit from the Board of Trustees to: !:i , dl,~L ! ~ ..... Restore & stabilize eroded and denuded portion of bluff by regrading an~'ff~h'~ating ih/~d~m'd existing bluff crest (variable width) to remove vertical lip; using approximately 200 cubic yards of resultant material plus up to approximately 50 cubic yards of clean sand to be lrucked in from an upland source as necessary to renourish bluff face; constructing a terrace retaining wall along the seaward limit of erosion to contain and stabilize the renourishment material which is to be fu~her stabilized with erosion control matting and replanted with native vegetation; and establishing a 15' non-tuff buffer with small berm landward of the bluff, all as depicted on the project plan prepared by En-Consultants, Inc., dated June 21, 2011. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 2800 DIGNAN'S ROAD, CUTCHOGUE 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. CUTCHCOTT, LLC JUSTIN MAYLATH, MANAGING MEMBER PROPERTY OWNERS NAME: 114 1St RIVO aLTO TERRACE MAILING ADDRESS: MIAMI BEACH, FL 33139 PHONE#: 305-720.-4525 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. WILLIAM & NANCY KILLEN OF MAILING OF NOTICEI CERTIFIED MAIL RECEIP~ Address: P.O. BOX 1296 CUTCHOGUE, NY 11935 CHARLES & JENNIFER BANK DAVID ZUHOSKI & STEVEN ZUHOSKI COUNTY OF SUFFOLK DAVID ZUHOSKI & STEVEN ZUHOSKI 1965 BROADWAY APT. 26A NEW YORK, NY 10023 P.O. BOX 277 CUTCHOGUE, NY 11935 P.O. BOX 277 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 29th 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 were Mailed to each of said persons by (cer tified)~X~) mail. ROBERT E 'H~E~RMA~NN ' COASTAL MANAGEMENT SPECIALIST Sworn to before me this day of JUNE ,20 11 29th ~IN N, STEPHENS NOIARY PUBLIC STATE OF NEN YORK COMMISSION NO. 5015931 QUALIFIED iN SUFFOLK COUNTY EXPIRES AUGUST 2, 20~ r se,tro William & Nancy Killen $ir~3~U~,~:~;3:.' P.O. BOX 1296 Cutchogue, NY 11935 1:3 Charles & Jennifer Bank 1965 Broadway, Apt. 26A New York, NY 10023 David Zuhoski & Steven Zuhoski P.O. Box 277 Cutchogue, NY 11935 Certified Fee Return Receipt Fee (Endorsement Reauired) Restricted Delivery Fee (Endorsement Rerlulrea rtl Total Postage f I se.t ro CDOunty of Suffolk ~ [ avid Zuhoski & Steven Zuhoski Io~eO~o~~o. P.O. Box 277 Cutchogue, NY 11935 B~rd of Trustees Application AUTHORIZATION (where the applicant is not the owner) (print owner of property) (mailing address) ~°({C4, F~lo hereby authorize (Agent) apply for permit(s)from the Southold Board of Town Trustees on my behalf. /(Owners of Trustees Application County of Suffolk State of New York DEPOSES AND AFFIRMS THA3 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. / t~nat~nfe ' SWORN TO BEFORE ME THIS ~'~ DAY OF R~ ~-~c' ,20 I I yNotary Public "'"'"+ Www,Amo~Norm~,mm APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics nrohibits conflicts of interest on the oart of town officers and emoloyces. The purpose of this form is to vrovide information which can alert the town of oossible conflicts of interest and allow it to take wha~:vcr ggtion 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 empIoyee 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 X 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 applicanffagenl/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 1 Submitted this _clay of 200 Signature ~-~,c~ ffl~r,c,q~-C Print Name~e~ ~( Cot*gM Town of Southold A. LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS 1. A II applicants f0r perm its* including Tow n 0f S0uthn]d agencies, shall u0m plete this C C A F for proposed actions tha~ are subject tn the T0wn of S0uthold W aterfr0nt C0nsistency Review Lam. This assessmentisintendedt0 supplementotherinformati0nusedbyaT0wnofSouth01dagency in m a k in g a d e t e r m in a ti0 o 0 f c 0 n s is t e o c y. *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- suooortin~ facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. SCTM# 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 83 2 - 13.5 PROJECT NAME CUTCHCOTT, LLC 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: Restore & stabilize eroded and denuded portion of bluff by regrading and translating landward existing bluff crest (variable width) to remove vertical lip; using approximately 200 cubic yards of resultant material plus up to approximately 50 cubic yards of clean sand to be tracked in from an upland source as necessary to renourish bluff face; constructing a terrace retaining wall along the seaward limit of erosion to contain and stabilize the renourishment material which is to be further stabilized with erosion control matting and replanted with native vegetation; and establishing a 15' non-turf buffer with small berm landward of the bluff, all as depicted on the project plan prepared by En-Consultants, Inc., dated June 21, 2011. Location of action: 2800 DIGNAN'S ROAD, CUTCHOGUE Site acreage: 57,200 s.f. Present land use: RESIDENTIAL, SINGLE-FAMILY DWELL1NG Present zoning classification: R-40 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: CUTCHCOTT, LLC (b) Mailing address: C/O JUSTIN MAYLATH, MANAG1NG MEMBER 114 1 ST RIVO ALTO TERRACE, MIAMI BEACH, FL 33139 (c) Telephone number: Area Code 305-720-4525 (d) Application number, if any:. Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [---] No [~ If yes, which state or federal agency?. 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. ~]Yes [~ No [~ Not Applicable 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 Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ~-]Yes ~ No ~ Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria The purpose of the project is to restore and stabilize, primarily through vegetative, non-structural measures, the eroded and denuded portion of the bluff, which is the site's natural protective feature. Specifically, the project seeks to regrade and remove the sheer lip at the existing bluff crest and translate the bluff crest landward to eliminate the risk of fu~her avulsive loss of the top of the bluff, which together with renourishment of the eroded portion of bluff immediately below it will create a more stable angle of repose in the upper portion of the bluff face. Placement of a terrace retaining wall at the seaward limit of the erosion/renourislunent area will help to sustain this angle of repose and allow for the reestablishment of native plantings in the renourished area to complete the vegetative restoration of the bluff face, which is the site's natural protective feature. The terrace wall will also prevent the renourishment material from burying or otherwise disturbing the still vegetated lower portion of bluffwhen it is deposited onto the bluff face. A naturally vegetated non-turf buffer and small berm will be established in place of existing lawn and landscape vegetation landward of the bluff crest to reduce and mitigate the potential for and impacts of future surface water runoff events over the top of the bluff. The project is therefore further consistent with Policy 4 because vegetative resource enhancement is the primary component of the design and the hard stabilization component is being included only for the protection of the vegetation outside the project area and to enhance the likelihood &success of the vegetative restoration. Ultimately, the goal of the project is to restore, enhance, and stabilize the natural protective feature of the property to minimize loss of structures and natural resources from flooding and erosion, consistent with the goal of Policy 4. 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 III - 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 Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~ Yes ~ No ~ Not Applicable 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. Protect Southold's _~.r-dependent uses and promote sitl~of new water-dependent suitable locations. See LWRP Section III - Policies; Pages 47 through 5~ for evaluation criteria. [~] Yes ~] NO [~ Not Applicable uses in Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [~] Yes ~] No [~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Sonthold. 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 PREPAREDBY ROBER Nlq TITLE COASTAL MGMT SPECIALIST DATE JUNE 23, 2011 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 June 23, 2011 Town of Southold Board of Trustees 54375 Main Road Post Office Box 1179 Southold, New York 11971 Atm.: Lauren Standish $outh01~ Tcw~ Re: Cutchcott, LLC 2800 Dignan's Road, Cutchogue SCTM # 1000-82-2-13.5 Dear Ms. Standish: In regard to the above referenced property, enclosed are the following for the Board of Trustees review: Three (3) Wetland Permit & Coastal Erosion 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. Sine ly, Robert . el! tiiann Coastal Management Specialist /khs Enc. PROPOSED NON~31JRF BUFFER VIA COASTAL ~ HAZARD LINE E N- CONSULTANTS %°®+, 1319 NORTH SEA RD. SOUTHAMPTON, NY 11968 631-283-6360 N 1"=50' PROFO~P ~LIPP 1~.STOF, ATION POR CUTCHCO1'T, LLC ON LON~ I~ANP ~:21.N1:2, CUTCHO~dJ~, ~IPPOI. K CO,. NY f:kBl~f 10P 2 6-21-11. SECTION A-A: TYP. SECTION THRU BLUFF RESTORATION SCALE: 1" = 20' +/- 49' (var.) > PROPOSED NON-TURF BUFFER APPROX. 16' - 25' WIDE WASHED OUT PORTION OF BLUFF FACE TO BE RENOURISHED WITH APPROXIMATELY 250 CUBIC YARDS ,,, ~ (15') _, ~ OF MATERIAL TO BE TRUCKED N AS NECESSARY) AND c~ I OOr,~,,-,~,.,~',~,, ,=~,,~+/-16' (var.) ~ REPLANTED WITH NATIVE VEGETATION, E.G., CAPE AMERICAN O'~I (~""~r"'~'/'15 CY CLEAN'~ o~,~.~.~SA~j)~ BEACH GRASS, VIRGINIA CREEPER, VIRGINIA ROSE, AND BAYBERRY ,1= >~ ---~ 3'1< LU ~ _+3' (var.) ~ I''-' PROPOSED TERRACE WALLS (TYP.) r~,__..__z (2" x 12- x 12' BOARDs TIED I I'~ / B[~EEN ~.25' x ~0' GALVANIZED P~PES) '11 r~.~+12 (wP.) ~II I ~ VEGETATED PORTION OF BLUFF SEAWARD OF ' ¢~ O ~ '~j,. EX. BULKHEAD ~ ~ ~ ~z II __AHW= 3'-0" N JUI~ 2 4 20II ~ ,, N88'IT'50*W 40.62' -- EDGE OF VEGETA DON SURVEY OF PROPERTY A T CUTCHOGUE TO,tN OF SOUTHOLD SUFFOLK COUNTY, N. Ir. 1000-83-0,E-13.5 SCALE: 1~30' AUGUST 18, 1994 DECEMBER 10. 2010 MAY 4, 20;~I (PAR77AL TOPO) AREA=57,200 SO. FT. TO TIE LINE ELEVATIONS AND CONTOUR LINES ARE REFERENCED TO N.G, VD. ~9 CERTIFIED TO: JUSTIN MA YLA TH KERI A. MA YL,4 TH MKJ HOLDING5~ LLC CUTCHCOTT LLC FIRST AMERIOAN TITLE INSURANCE COMPANY OF NEW YORK P. CE- '~ (631) 765-5020 FAX (651) 765-1797 P.O. BOX 909 1250 TRAVELER STREET SOUTHOLD, N.~. .971 ~--~'