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HomeMy WebLinkAboutTR-7683 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 .~ st day of construction ~ constructed Project complete, compliance inspection BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7683 DATE: NOVEMBER 16, 2011 ISSUED TO: JOHN P.~ EUNICE P. & EUNICE P. BENFIELD TRUST PROPERTY ADDRESS: 50 BLUE MARLIN DRIVE, SOUTHOLD SCTM# 56-7-19 AUTHORIZATION Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in accordance with the Resolution oftbe Board of Trustees adopted at the meeting held on November 16, 2011, and in consideration of application fee in the sum of $250.00 paid by John P., Eanice P. & Eunice P. Benfield Trust 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 remove upper retaining wall, existing stairs and remains of wood deck; remove remains of 135' of existing bulkhead and existing stairs to beach; remove and relocated lower portion of existing drain line and install new catch basin; construct 147' of new bulkhead in-place of existing; backfill with 190 cubic yards of clean fill; and construct 8'xlll' wood deck and new stairway to beach; with the condition that the 8'xlll' decking boards be installed parallel to the bulkhead; and as depicted on the site plan prepared by Costello Marine Contracting Corp., last dated September 22, 2011, and stamped approved on November 16, 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. James F. King TERMS AND CONDITIONS The Permittee John P., Eunice P. & Eunice P. Benfield Trust, residin~ at 50 Blue Marlin Drive, Southold, 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 Pennittee 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 Tmstecs, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. That the said Board will be notified by the Permittee of the completion of the work authorized. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. Jill M. Doherty, President Bob Ghosio, Jr., Vice-President James F. King Dave Bergen John Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 November 16, 2011 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Ms. Jane P. Costello Costello Marine Contracting Corp. P.O. Box 2124 Greenport, NY 11944 RE: JOHN P., EUNICE P. & EUNICE P. BENFIELD TRUST 50 BLUE MARLIN DRIVE, SOUTHOLD SCTM# 56-7-19 Dear Ms. Costello: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, November 16, 2011 regarding the above matter: WHEREAS, Costello Marine Contracting Corp. on behalf of JOHN P., EUNICE P., & EUNICE P. BENFIELD TRUST applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated October 21,2011, 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 recommended that the proposed application 'be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policy 6.3 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: install the 8'xl 11' decking boards parallel to the bulkhead which will act as a non-vegetated buffer area that will not discharge over the face of the bulkhead, and WHEREAS, a Public Headng was held by the Town Trustees with respect to said application on November 16, 2011, at which time all interested persons were given an opportunity to be heard, and, 2 WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 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 for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the application of JOHN P., EUNICE P., & EUNICE P. BENFIELD TRUST to remove upper retaining wall, existing stairs and remains of wood deck; remove remains of 135' of existing bulkhead and existing stairs to beach; remove and relocated lower portion of existing drain line and install new catch basin; construct 147' of new bulkhead in-place of existing; backfill with 190 cubic yards of clean fill; and construct 8'xl 11' wood deck and new stairway to beach; with the condition that the 8'xl 11' decking boards be installed parallel to the bulkhead; and as depicted on the site plan prepared by Costello Marine Contracting Corp., last dated September 22,2011, and stamped approved on November 16, 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 M. Doherty l/ President, Board of Trustees JMD/eac Peter Young, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (63 l) 765-1892 Fax (631) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., November 9, 2011, the following recommendation was made: Moved by Audrey Horton, seconcded by Jack McGreevy, it was RESOLVED to SUPPORT the Wetland Permit application of JOHN P., EUNICE P. & EUNICE P. BENFIELD TRUST to remove upper retaining wall, existing stairs and remains of wood deck; remove remains of 135' of existing bulkhead and existing stairs to beach; remove and relocate lower portion of existing drain line and install new catch basin; construct 147' of new bulkhead in-place of existing; backfill with 190 cy. of clean fill; and construct 8'X 111' wood deck and new stairway to beach. Located 50 Blue Marlin Dr., Southold. SCTM#56-7-19 Inspected by: Audrey Horton, Peter Young The CAC Supports the application with the Condition of a 15' non-turf buffer along the landward side of the bulkhead. Vote of Council: Ayes: Ail Motion Carried Jill M Dohe~ly, President Bob Ghosio, Jr, Vice-President 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 Date/Time: I1--?'- ti JOHN P., EUNICE P. & EUNICE P. BENFIELD TRUST requests a Wetland Permit to remove upper retaining wall, existing stairs and remains of wood deck; remove remains of 135' of existing bulkhead and existing stairs to beach; remove and relocate lower portion of existing drain line and install new catch basin; construct 147' of new bulkhead in-place of existing; backfill with 190 cy. of clean fill; and construct 8'X 111' wood deck and new stairway to beach. Located 50 Blue Marlin Dr., Southold. SCTM#56-7-19 Type/or. rea to be impacted: __~ltwater Wetland Freshwater Wetland __Sound Bay Distance of proposed work to edge of wetland Part 9.f-Town Code proposed work falls under: __~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 B. Ghosio J. King_ __J. Bredemeyer__. D. Dzenkowski other Form filled out in the field by D. Bergen, Mailed/Faxed to: Date: Cliff Beafie[d 9/20/11 Cliff Benfield 9/20/t 1 Cliff Be~field 9/20/11 CliffBenfield 9/20/11 Cliff Berifield 9/20/I t Cliff Benfietd 9/20/11 N 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 Date: November 15, 2011 Re~ Proposed Wetland Permit for JOHN P., EUNICE P. & EUNICE P. BENFIELD TRUST SCTM#1000-56-7-19 Costello Marine Contracting Corp. on behalf of JOHN P., EUNICE P. & EUNICE P. BENFIELD TRUST requests a Wetland Permit to remove upper retaining wall, existing stairs and remains of wood deck; remove remains of 135' of existing bulkhead and existing stairs to beach; remove and relocate lower portion of existing drain line and install new catch basin; construct 147' of new bulkhead in-place of existing; backfill with 190 cy. of clean fill; and construct 8'X 111' wood deck and new stairway to beach. Located 50 Blue Marlin Dr., Southold. SCTM#56- 7-19 The proposed action to remove upper retainin.q wall, existing stairs and remains of wood deck; remove remains of 135' of existing bulkhead and existin.q stairs to beach; remove and relocate lower portion of existing drain line and install new catch basin; construct 147' of new bulkhead in-place of existin.q; backfill with 190 c¥. of clean fill 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 replacements of bulkheads is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP The proposal to construct 8'X 111' wood deck (888 square feet) is INCONSISTENT with LWRP Policy 6.3 (below) and therefore, INCONSISTENT with the LWRP. 6.3 Protect and restore tidal and freshwater wetlands. D. Provide adequate buffers between wet/ands and adjacent or nearby uses and activities in order to ensure protection of the wetland's character, quality, values, and functions. Large areas of adjacent lands that previously provided a buffer for wetlands have been physically lost to development or functionally lost through changes in land use, including inappropriate or incompatible landscaping. These losses and impairments to the wetlands and their functions cumulatively have impacted the Town of Southold's ecosystem. The proposed 888 sq. ft. deck does not preserve the functions and values of the tidal water-body Shelter Island Sound. It is recommended that the Board require a landscaped buffer in place of the proposed deck to achieve removal of potential nutrients enterin.q the water body. Further, it is recommended that the Board minimize the use of CCA treated lumber in the stair construction. 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 Office Use Only 7~wetastat Erosion Permit Application land Permit Application Administrative Permit AmendmentJTrans fer/Extension ~"~ece~ved Application: }~_cM ~ ~ ~/'Received Fec:$ ~ ~.Cbmpleted Appli~ion ] O [ ~-I Incomplete SEQRA Classification: Type I Type I1 Unlisted __Coordination:(date sent) ~WRP Consistency Assessment Form ,.~JAC Referral Sent: I~'$ ~°~ B ~te of Inspection: i I !'~ I iJ __Receipt of CAC Report: ' ' __Lead Agency Determination: Technical Review: --,AS[iblic Heating Held: ~ [ [ lit ! [ I __Resolution: Name of Applicant JOHN P., EUNICEP., & EUNICE P. BENFIELD TRUST Address 50 BLUE MARLON DRIVE, SOUTHOLD, NY 11971 Phone Number:( ) 631.765.3262 Suffolk County Tax Map Number: 1000 - 56-7-19 Property Location: 50 BLUE MARLON DRIVE, SOUTHOLD (provide LILCO Pole #, distance to cross streets, and location) AGENT: COSTELLO MARINE CONTRACTING CORP. (If applicable) Address: PO BOX ZlZ4, GREENPORT, NY 11944 Phone: 631.471.1199 of Trustees Application0 GENERAL DATA Land Area (in square feet): R-40 RESIDENTIAL LOW DENSITY AA Area Zoning: SINGLE FAMILY RESIDENCE Previous use of property: SAME Intended use of property: Covenants and Restrictions: Yes X No If "Yes", please provide copy. 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 NYSDEC #1-4738~04071/00001 10/11/11 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): Remove upper retaining wall, existing stairs and remains of wood deck. Remove remains of 135' of existing bulkhead and existing stairs to beach. Remove and relocate lower portion of existing drain line and install new catch basin. Construct 147' of new bulkhead in-plare of existing. Backfill with 190 cubic yards of clean fill. Construct 8'xlll' wood deck and new stahnvay to beach. of Trustees ~4~licatio~ WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: To reconstruct a storm damaged structure which is needed to maintain the integrity of the upland property. Area of wetlands on lot: 0 .square feet Percent coverage of lot: 0 % Closest distance between nearest existing structure and upland edge of wetlands: 0 feet Closest distance between nearest proposed structure and upland edge of wetlands: 0 feet Does the project involve excavation or filling? No X Yes If yes, how much material will be excavated? ?-40 cubic yards How much material will be filled? 430 cubic yards Depth of which material will be removed or deposited: tl to 4 Proposed slope throughout the area of operations: Manner in which material will be removed or deposited:We will use a small excavator. feet Statemem 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): There are no vegetative wetlands on the project site. AH romtrucfion debris will be conto!ned and will not be allowed to enter the waterway. We do not expect any adverse effect on the wetlands or tidal waters of the Town. 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. APPLICANT/SPONSOR 12.PROJECT NAME JOHN P., EUNICE P. & EUNICE P. BENFIELD TRUST / BULKHEAD RECONSTRUCTION 3. PROJECT LOCATION: Municipally SOUTHOLD Count~ SUFFOLK 4. PRECISE LOCATION (Street address and road intersections, prominent landman~s, etc., or provide map) 50 BLUE MARLIN DRIVE, SOUTHOLD SCTM #1000-56-7-19 LATfLONG: N:41.078/W:72.393 5. PROPOSED ACTION IS: [] New [] Expansion [] Modiflcation/alteraUon 6. DESCRIBE PROJECT BRIEFLY: Remove upper retaining wall, existing stairs and remains of wood deck. Remove remains of 135' of existing bulkhead and existing stairs to beach. Remove and relocate lower portion of existing drain line and install new catch basin. Construct 147' of new bulkhead in-place of existing. Backfill with 190 cyds of clean fill. Construct 8'xl 11' wood deck and new stab'way to beach. 7. AMOUNT OF LAND AFFECTED: initially 0.02 acres Ultimateiy 0.02 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, desc~be briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial Describe: PRIVATE RESIDENTIAL WATERFRONT [] Agriculture [] Park/Forest/Open Space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] No If Yes, list agency(s) name and permit/approvals: ARMY CORPS OF ENGINEERS, NYSDOS, NYSDEC, SOUTHOLD TOWN 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No if Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMiT/APPROVAL REQUIRE MODIFICATION? DYes []No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ~' Applicant/sponsor name: Date: e acaon is m me Coastal Area, and you state the I am..a agency, complete Coastal Assessment Form before proceeding with t~le assessment I OVER Reset PART II - IMPACT ASSESSMENT (To be completed by/mmr~ Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. ["'lYes r--]No B. WILL ACTION RECEIVE COORDINATED RE~E-VV AS PROVIDED FOR UNLISTED A~TIONS IN 6 NYCRR, pART 617.67 If No, a negative declaration may be supemeded by another involved agency. I-lYes ElN° C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, sulfaco or groundwater quality Or quantity, noise levels, existing thiffic psttem, solid waste production or disposal, potential for erosion, drainage Or flooding problems? Explain bdetiy: C2. Aesthetic, agricultural, archaeological, htsteric, Or other natural Or cultural resources; or communtty or neighbothood character? ~n briefly: C3. Vegeta'dso or fauna, fish, shellfish or wildl~ species, signtficaot habitats, or threatened or endangered species? F-.~ain briefly:. C4. A community's e~ding plens or goals as off~leliy adopted, or a change in use or intensity of use of lsfld or othe' natural resources? Eq~ b~iefiy: C5. Growth, subsoquant development, or related ac~'flJes likely to be induced by the proposed action? Explain bdefly: C6. Long ten'n, short term, cumulative, or other effects not id~ bi Cl-C57 Explain briefly: C7. Other impac~ (including changes in use of either quantity or type of energy)? Explsin WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? r-1 Yes I'-'1 No if Yes, explein briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART III - DETERMINATION OF $1GNIFICARCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, deten'nine whether it i~ substantial, large, important or otherwise significant. Each effect should be assessed i, connection with its (a) setting (i.e. u~oan er rural); (b) probabil~ of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If _nec~___~e_~, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that si! relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of signitfoance must evaluate the potential impact ofthe proposed action on the environmental characWhatins of the CEA. ] Checkb`1isb~xifycu~haveident~ed~ns~rm~repotentiaI~y~ai~geOrsigni~ca~t~impadis~hichNAY~cur~ Thenpmcoeddimcbyto~eFULJ EAF and/or prepare a positive declaration. [] Cbeck this box if ycu have detarminsd, based on the information and analyeis above and any stkopoding documentation, thst the propuaed adiion WII-~ NOT result in any significant adverse environmental impacts AND provide, on attachments es nesessap], the reasons suppo~ng this dsterminaaor Name of Lead Agortcy Signature of Resperlsible Officer in Lead Agency Signature of Preparer (if differaflt ti'om responsible 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 ~s, coordinate the ~ ~eoeos end use the FULL FAF. ~]Yes ['~No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a nagefl',~ declaration may be superseded by another involved agency. [-I rTINe C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH ~-IE FOLLOWING: (Answers may be haedvattton, if legible) Ct. Extstiog air quality, sun, ca or groundwater quality er quantity, rmtse levels, eidsting traffic paffem, eo~id waste pmduc~on er disposal, potential for erosion, drainage or floodiog pmbfams? Explain bdetiy: I C2. Aesthetic, agrlsuituml, archaeological, historic, or outer natural m' cultural resources; or community Or neighi:mdtoed chorac~r? Explain briefly: I C3. Vegetation or fauna, fish, Shellfish or wildlife species, significant habitats, or I~matened or endangered species? Explain briefly: I C4. A communily's existing plans or goals as officially adopted, er a change in use er intensity of use of land er other natural re~m~rces? Explain bdefly: C5. ]rowth subse uent de ..... : q velopment, or related achvitles ilkely to be ~nduced by the pmpesed actk~? E. xplam bnefly C6. Long term. shOrt term, cumulati~,~, or other effects not identified in C1 -C57 Explain briefly: I C7. Other impacts lincludin~l changes in use of eimer quanti~ or t~e of energia? Explain D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL E. IS THERE, OR IS THERE LIKELY TO BE~ CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ff)'es explain: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) . INSTRUC'nONS: F~reachadvarsee~ectidenti~edab~va~determinev/natheritlesubstantia~arge~important~r~he~Wi~e$ign~sant~ Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probabil*~ of occurring; (c) duration; (d) irmversibility; (e) geographic scope; and (f) magnitude. If necessary, add attechmenls or mtemnoe supporting mate~ale. Ensure that explanations contain sufficient detail to show fJ~at all relevant adverse impacts have been identiffed and adequately addressed. If question d of part ii was checked yes, the determinsfise of rig nlficar~e must evaluate the potential im pact of the pro~ action on the envimnmeofal characteristics of the CEA. Chec~ this POX If you have Iden~fmd one or mom pofaofially Iorge or significant adverse knpacts whinh MAY onsur. Then proceed dlronfly fa Ihe FUU EAF and/or prepare a positive declaration. Check this POx If you have dntonTimed, based on the informatioo and analysis above and any supporting doCUl~, ihat the proposed actier WILL NOT result in any significant adveme environmental impacts AND provide, on attschments as necessary, the reasons supporting ~hl~ determination. Board of Trustees Name of Lead Agency Jill M. Doherty Pdnt or Type Name of Reoponsible Officer in Lead Agency JSig n ak,'t'e/'oT Re s~sti~f~ Oificer in Lead Agency President Signature of Pmpemr (If different f~om respecalble officerl Title of Reopenslble Officer o£ Tx'us'h~s ~t~licatio~ County of Suffolk State of New York Jane P. Costello, Permit Manager for Costello Marine Contracting BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. SWORN TO BEFORE ME THIS Signature DAYOF 00%b ,2o/I Not~'y Public ~ -- ~RITTANYA. (~NOINO Noilly Public, State of New ~ No. 01GE6245154 Ch~liffed in Suffolk County ,~ Comm~a~ Expires Ju~y ~8, ~ t..~.~ COSTELLO MARINE CONTRACTING CORPORATION DOCK BUILDING · JETTIES · BULKHEADING · STEEL & WOOD PILING · FLOATS 423 FIFTH STREET · P.O. BOX 2124 · GREENPORT, NEWYORK 11944 · (631) 477-1199/477-1393/477-0682 · FAX (631) 477-0005 AUTHORIZATION FORM (Name) /V / // (Business/Property l~ame) // located at t~d ~ .e~~ ,,(/j~..,~ j-,~~ -bi ~ do hereby give Cost¢llo Marine Contracting Corp. the authority to act as agent in my behalf in applying for all the necessary permits for work to be completed at my above referenced property. Date Jill M. Dohcrty, 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 JOHN P. EUNICE P. & EUNICE P. BENFIELD TRUST COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING being duly sworn, depos~ and say: ~ i That on the.~/~'~day of POtr~*tbt~ , 20 l [ I personally posted the property known as by placin~ the Board of Trustees ~f-ficial poster where it can easily be seen, and that I have checked to be sure the poster has remained in place tbr eight days prior to the date of the public hearing. Date of hearing noted thereon to be held Wed~ November 1C 2011 on or about 6:00 PM. Dated: Sworn to before me this 10 dayof~0 Il Notary Pt~blic t Nolm7 Pub#c, ,~t~e d N~t Yo~ NO. 0tGE62451~ ~1~ ~ S~k ~un~ ~mmission E~ir~ July 18, 20 I~ Cliff Benfield 11/9/11 Bent~ld PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name; Prbacipi Properties LLC Cheryl Jochen Pamela Kat. zer Address: 8595 Cox Lane, Cutchogue, NY 11935 215 E. 68th Street, Apt. 8N, New York, NY 10021 495 W. Shore Drive, Southold, NY 11971 STATE OF NEW YORK COUNTY OF SUFFOLK Jane P. Costelio, Permit Manager , residing at Costello Marine Contracting Corp. PO Box 2124. Greeni)or~ NY 11944 , being duly sworn, deposes and says that on the 7 day of November ,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 there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Gr~enport (I1944) , that said Notices were mailed to each of said persons by CERTIFIED MAIL/RETURN RECEIPT. Sworn to before me this Day of BO4er~DO('., 20 No. 01GE6245154 C~T~IiSSiOn t=xDires JU~ m, ~cu~ c Pamela Katzer r Southold, NY 11971 $5.79 Cheryl Jochen 215 E. 68t~ Street, Apt. 8N New York, NY 10021 USE NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES~ TOWN OF SOUTHOLD In the matter of applicant: John P., Eunice P., and Eunice P. Benfleld Trust SCTM# 1000-56-7-19 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Remove upper retaining wall, existing stairs and l'emalnn of wood deck. Remove Femal~ls of 135' of existing bulkhead and existing stairs to beach. Remove and relocate lower portion of existing drain line and install new catch basin. Comtruct 147' of new bulkhead in-place of existing. Backfill with 190 cubic yards of clean fill Construct a 8'x111' wood deck and new stairway to beach. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 50 Blue Marion Drive, Southold, NY 11971 3. That the project which is subject to Environmental Review under Chapters 32, 37, and/or 97 of the Town Code is open to public comment on: November 16, Z011 . 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. OWNERS NAME: John & Em-rice Benfield MAILING ADDRESS: 50 Blue Marion Drive Southold, NY 11971 PHONE #: Enc: Copy of sketch or plan showing proposal for your convenience. o o ,4.~: .4' Town of Southold LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that ave subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other inform~on used by a Town of Southold agency in making a determination of consistency. *F~ccept minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the gueparer of this form should review the exempt minor ac~on 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", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the L WRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Depa,tment, all local libraries and the Town Clerk's office. B. DESCRIFrION OF SITE AND PROPOSED ACTION 56 7 19 SCTM# - The Application has been submitted to (check appropriate response): TownBoard [~ PlanningDept [~ BuildingOept [-] 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: Remove upper retaining wall, existing stairs and remains o£wood deck. Remove remains o£135' of existing bulkhead and existing stairs to beach. Remove and relocate lower portion of existing drall line and install new catch basin. Construct 147' of new bulkhead in-place of existing. Backfill with 190 cubic yards of clean fill. Construct 111' wood deck and new stairway to beach. Location of action: 50 BLUE-MARLON DRIVE, SOUTHOLD Site acreage: 0.47 ACRES l~sent land use: SINGLE FAMILY RESIDENCE Present zoning classification: R-40 RESIDENTIAL LOW DENSITY AA 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: JOHN P., EUNICE P,. EUNICE P. BENFIELD TRUST (b) Mailing address: 50 BLUE MARLON DRIVE, SOUTHOLD, NY 11971 (c) Telephone number: Area Code ( ) 631.765.3262 (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? NYSDEC, NYSDOS, ACOE 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 IH - Policies; Page 2 for evaluation criteria. ~-]Yes ~ No ~'~ Not Applicable Our proposal is an attempt o£ the upland property owners to maintain their property. The existing bulkhead has failed and we are proposing to reconstruct the structure so that the area is stabilized. Our proposal will not have any effect on the communl(g character or preservation of open space. anacn aamuona~ sheets u necessary Policy 2. Protect and preserve historic and arehaeologii:al resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ~] Yes ~] No ~-] Not Applicable This property has no significant historic resources. Attac~ additional sheets ifneee~sary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section 1H - Policies Pages 6 through 7 for evaluation criteria ~ Yes ~] No ~ Not Applicable OurproposM is an attempt to m~lntzin the property and to enhance the appearance o£the property. The visual qualiO~ ~11 be enhanced w/th the new structure. Attach addit/onal sheets ir'necessary NATURAL COAST POLICIES Policy 4. Miniml,~ loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ~ Yes ~-~ No ~ Not Applicable Our proposal will not have any influence on the loss o£ lffe, structures and natural resources from flooding and erosion. We are reconstructing an existing structure ~vhich has failed, 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 The proposal will not have any impact on the water quali(y or supply o£ the Town oF Southold. Attach additional sheets ii' 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 Thls proposal will not have any impact on the Town of Southold's ecosystem, Ail construction debris will be contained and all Best Management guidelines will be adhered to. Attach additional she~s 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 This proposM will not have any impact on the air qusli~y of the Town of Southold. 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 This proposed will not degrade the environment with solid waste or hazardous substances. 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 HI - Policies; Pages 38 through 46 for evaluation criteria. ol71 otAp ablo Our p~oposal will not limit the public's ahili(y to access coastal watecs, public lands oc poblic resources o£ the Town of Southold. There will be no seaward extension. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. ~Yes [-~ No ~ Not Applicable Ourproposal is to recons~uct ~sang build, cad. The e~asang bulld~has Failed and the area is unsafe. The property ovmets have limited access to the water wlih the present conditions. Thls property Js generally used to engage In water-dependant activities such as fishing and swlmmit~ b~* the property owners and their family. These activities will continue at the site once construction is complete. Atlach additional sheets if necessa~ Policy I1. 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 The proposed reconsOztct to the existing bulkhead will have no significant effects on the living mm~ne l'~SOlll'C~$. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. ~-]Yes ~ No[~ Not Applicable This proposal will have no impact on the agriculmral lands in the Town of Southold. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section IH - Policies; Pages 65 through 68 for evaluation criteria. ['-]Yes ['-] No [~ Not Applicable This proposal has no influence on the development of energy or mineral resources. Created on 5/25/05 11:20 AM APPR BOARD OF ~RU, . TOWN oFt