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HomeMy WebLinkAboutTR-7652 0 Jill M. Doherty,President ��OF SOUjho Town Hall Annex Bob Ghosio,Jr.,Vice-President 54375 Main Road P.O. Box 1179 James F. King Southold,New York 11971-0959 Dave Bergen John Bredemeyer %, Telephone(631) 765-1892 llp NMI Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1St day of construction 7 % constructed Project complete, compliance inspection BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD,NEW YORK PERMIT NO. 7652 DATE: SEPTEMBER 21, 2011 ISSUED TO: ELLEN F. EMERY PROPERTY ADDRESS: 5925 NASSAU POINT ROAD,CUTCHOGUE SCTM# 111-13-6 r; AUTHORIZATION Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on September 21,2011, and in consideration of application fee in the sum of$500.00 paid by Ellen F.Emery 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 repair and replace existing stairs and platform in the same location; trim and remove dead and overgrown vines and non-native vegetation on bluff, build terracing and install erosion control mats at top of the bluff, replant bluff with native plant material; replace the existing fence along the top of the bluff, and for the existing flagpole; with the conditions that the platform is reduced to 32 square feet; the use of non-treated lumber on the decking; the fence is moved back to the flagpole; the area between the fence and the top of bluff is to remain un-mowed and left in its natural condition; and as depicted on the site plan prepared by Ned Harroun, received on December 29, 2011, and stamped approved on January 11,2012. IN WITNESS WHEREOF,the'iaid 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. v �• %ofFOJ,�c i 1 M. onefty WO 't Dave Bergen — Recused TERMS AND CONDITIONS The Permittee Ellen F. Emery, residing at 5925 Nassau Point Road Cutchoeue New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: 1. 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. 2. 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. 3. 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. 4. 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. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. 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. 7. 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. 8. That the said Board will be notified by the Permittee of the completion of the work authorized. 9. 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. 0 0 Jill M.Doherty,President ��OF soUlyo Town Hall Annex Bob Ghosio,Jr.,Vice-President 54375 Main Road P.O.Box 1179 James F.King Southold, New York 11971-0959 Dave Bergen A Q John Bredemeyer �� Telephone(631) 765-1892 Fax(631) 765-6641 ADUMY, BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD September 21, 2011 Richard F. Lark, Esq. Lark & Folts, Esqs. P.O. Box 973 Cutchogue, NY 11935 RE: ELLEN F. EMERY 5925 NASSAU POINT ROAD, CUTCHOGUE SCTM# 111-13-6 Dear Mr. Lark: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, September 21, 2011 regarding the above matter: WHEREAS, Lark & Folts, Esqs. on behalf of ELLEN F. EMERY 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 August 30, 2011, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, in accordance with Chapter 268, said proposed application to repair and replace existing stairs (excluding platform)with in-kind material in the same location was found to be Exempt from the Local Waterfront Revitalization Program policy standards, and, WHEREAS, the LWRP Coordinator recommended that the proposed application to construct a 67.2 square foot platform be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered the Policy 6.3 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: reduce the platform to 32 square feet; move the fence back to the flagpole; the area between the fence and the top of 2 . bluff is to remain un-mowed and left in its natural condition; re-vegetate cleared area on bluff; the use of non-treated lumber on the decking; and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on September 21, 2011, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approve the application of ELLEN F. EMERY to repair and replace existing stairs and platform in the same location; trim and remove dead and overgrown vines and non-native vegetation on bluff; build terracing and install erosion control mats at top of the bluff; replant bluff with native plant material; replace the existing fence along the top of the bluff; and for the existing flagpole; with the conditions that the platform is reduced to 32 square feet; the use of non-treated lumber on the decking; the fence is moved back to the flagpole; the area between the fence and the top of bluff is to remain un-mowed and left in its natural condition; and as depicted on the site plan prepared by Ned Harroun, received on December 29, 2011, and stamped approved on January 11, 2012. 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, IV6WIJill . Doherty President, Board of Trustees JMD/eac o�SUFF01,�co • Jill M. Doherty,President Town Hall Annex Bob Ghosio,Jr.,Vice-president 54375 Route 25,P.O. Box 1179 James F. King iv Southold,NY 11971 Dave Bergen �'�dj ���' Telephone(631)765-1892 John Bredemeyer Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: ELLEN F. EMERY Please be advised that your application dated August 30, 2011 has been reviewed by this Board at the regular meeting of September 21, 2011 and your application has been approved pending the completion of the following items checked off below. XX Revised Plans for proposed project—the use of non-treated lumber on the deck surface; the observation platform be reduced to no larger than 32 square feet in size; project plans for the modified platform; the area seaward of the fence to be a non-turf buffer area; the fence be moved landward of the 6-7 foot non-buffer area; a planting plan be submitted for the bluff face; project plan for erosion prevention structure along the southerly side of the bluff. Pre-Construction Hay Bale Line Inspection Fee ($50.00) 1st Day of Construction ($50.00) '/2 Constructed ($50.00) XX Final Inspection Fee ($50.00) Dock Fees ($3.00 per sq. ft.) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: Final Inspection Fee - $50.00 4 1&t'A TOTAL FEES DUE: $ 50.00 tj�I�a BY: Jill M. Doherty, President Board of Trustees a „ } 1� Y W. 3�s r lien Emery 925 Nassau Point Road,Cutchogue t. M#111-13-6 � 1 - /S4/2011 ...ly��PT •.l'�.T5..{T' ,s,..., v . Vii' ,YL •{5��y�l4. f+y yam' ''�r �i ♦ .d�.kkC v x JO T 5 1 _ r ap I' • � f 1 a� I S t • OFFO(,fC ti Peter Young,Chairman 3 Town Hall,53095 Main Rd. Lauren Standish,Secretary M• T P.O. Box 1179 Gp '� 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., September 14, 2011, the following recommendation was made: Moved by Derek Bossen, seconded by Doug Hardy, it was RESOLVED to SUPPORT the Wetland Permit application of ELLEN F. EMERY to repair and replace existing stairs and platform with in-kind material in the same location; trim and remove dead and overgrown vines and non-native vegetation on bluff; build terracing and install erosion control mats at top of the bluff; and replant bluff with native plant material. Located: 5925 Nassau Point Rd., Cutchogue. SCTM#111-13-6 Inspected by: Peter Young, Audrey Horton The CAC Supports the application with the Condition of a 20' non-turf buffer landward of the top of bluff; erosion control devices are installed at the base of the supports on the stairs; and there is no disturbance to the bluff face. Vote of Council: Ayes: All Motion Carried �gUF FO(f Jill M.Doherty,President QV C4 P.O. Box 1179 Bob Ghosio,h'.,Vice-President hy' Southold,NY 11971 James F.King Telephone(631 765-1892 Dave Beigen ,y Fax(631)765-6641 John Bredemeyer y Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: 1 Lf y Z f k\ ELLEN F. EMERY requests a Wetland Permit to repair and replace existing stairs and platform with in-kind material in the same location; trim and remove dead and overgrown vines and non-native vegetation on bluff; build terracing and install erosion control mats at top of the bluff; and replant bluff with native plant material. Located: 5925 Nassau Point Rd., Cutchogue. SCTM#111-13-6 Type of area to be impacted: _Saltwater Wetland _Freshwater Wetland _Sound XBay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: :7�.Chapt.275 _Chapt. 111 _other Type of Application: A Wetland _Coastal Erosion _Amendment _Administrative_Emergency Pre-Submission Violation Info needed: Modifications: 1t� 0 oy ✓\ tA Conditions: Present Were: Doherty B. Ghosio / J. King _!�-D. Bergen, e"" J. Bredemeyer D. Dzenkowski other Form filled oIn the field by I'-�s-21) Mailed/Faxed to: Date: STATE OF NEW YORK: ss . COUNTY OF SUFFOLK: ELLEN F. EMERY, being duly sworn, deposes and says : 1. My primary residence is 121 Somerset Avenue, Garden City, New York 11530 . My secondary residence is 5925 Nassau Point Road, Cutchogue, New York 11935 . The purpose of this affidavit to the Board of Town Trustees is so the Board will have some understanding of the situation, based on my own personal knowledge, I now find myself in at this time . At the outset, I believe it is important the Board has some background as to the history of the waterfront portion of my property. 2 . In November 1968 my parents, Florence Emery and Donald Emery, purchased the property located at 5925 Nassau Point Road, Cutchogue, New York. At the time of the purchase, the property was not bulkheaded nor was there any access to the beach except sliding down the bluff. A short time after the closing, my parents contracted with Ralph T. Preston Marine to put in a bulkhead and additionally a retaining wall behind the bulkhead to stabilize the bottom of the bluff. At the same time they contracted with George Ahlers to construct stairs to access the beach. My mother wisely suggested that a small railed platform be installed about half way up the bluff to give people a chance to catch their breath. She called it "cardiac rest" as there are 86 steps to the beach. The bulkhead retaining wall, stairs and platforms were completed in 1969. Attached hereto as Exhibit A are two photographs that I took in the late summer of 1969 that show the bulkhead, retaining wall, stairs and the middle platform. The photo also shows beach grasses, bayberries and other indigenous plants that existed at that time . During that time and for the next decade or so, I was working in Manhattan, but I spent considerable time at Nassau Point enjoying the property with my parents and my friends . The stairs served the family well to get access to the beach and to the water especially when my father moored a boat from time to time. During this period the bluff was well vegetated with low lying plants and there was really little erosion with the low-lying grasses and plants . My father passed away on April 7, 1986 leaving the property to my mother. I am attaching as Exhibit B a copy of the black and white photographs of the stairs and waterfront view taken by Burt G. Lewis, Jr. for the purpose of an estate appraisal . _ 3 . In the early 1990 ' s the bluff suffered severe erosion due to the ravages of the "no name storm" and several extensive northeasters . The bulkhead suffered extensive damage and the stairs and become unstable, rickety and unsafe. On behalf of my mother in the latter part of 1992, I contracted with Costello Marine Contracting Corp. to do whatever was necessary to repair and replace the bulkhead and the stairway system. Costello Marine repaired and replaced sections of the bulkhead and completely rebuilt the stairway including the 8 . 5 ' by 12 ' middle platform and the 2 ' by 5 ' platform at the top of the bluff. George Costello obtained all the necessary permits from the New York State DEC and while researching my file in preparation of this application, I noticed that the Board of Trustees was aware of Mr. Costello ' s work since the Board of Trustees granted their authorization to the permit at that time. However, I am attaching as Exhibit C two photographs taken by John Costello on December 29, 1993 after he completed the work. Unfortunately, the vegetation on the bluff was ignored and as a result of not replanting native species that over time this appears to be a big mistake . I have since learned because of my ignorance in not addressing the plantings in the 1993 timeframe when Mr. Costello was doing his work over time there was an invasion of non-native plants that took over the vegetation and choked what little was left of the native plants . 4 . In the late 1990 ' s my mother Florence Emery became ill. I was deeded the property and became a steward of same for my mother and ultimately for the charities which will benefit after my death. I am attaching as Exhibit D two photos of the bluff taken by Breslin Appraisal Co. , Inc. for the estate tax purposes dated February 27, 1996. The photos show the top of the bluff as it existed at that time along with the stairway system and the non-native species which had started to become invasive choking out the native species . These invasive species such as bittersweet, honeysuckle, Boston ivy and wild grape vines had already become established and were taking over the bluff, as I said, choking out the native species that had previously flourished. As I stated previously by that time I had sadly learned that by doing nothing is a most expensive option. In the fall of 2010 I hired Ned Harroun of Island Tree & Landscape, Inc. to do tree trimming and to rebuild the retaining wall in my front yard. In the process of completing the work I asked him to look at the rear yard in relationship to tree trimming as well as the bluff which had suffered some erosion at the time. Mr. Harroun wrote me a report dated April 28, 2011, a copy of which is attached hereto as Exhibit E. 5 . Sometime in early May 2011 after I reviewed his report, I personally inspected the stairs and railing and found they were wobbly and really not safe to use. The attached 2 ' by 5 ' deck was not safe, but the middle platform was surprisingly stable and steady except the railings were a little bit wobbly. Shortly thereafter, I personally visited the bluff with Mr. Harroun and he showed me that the bottom of the bluff was in good shape with bayberries and beach grasses. The upper portions of the bluff had eroded away and had become completely entangled and overgrown as he pointed out in his April 28, 2011 report. Mr. Harroun also point out that he could not cut back and remove the noxious plants on the bluff without repairing and replacing the stairs as he needed the stairway system to gain access to the bluff in order to prune and remove the dead and noxious plants. Mr. Harroun explained to me that he needed to severely trim back the honeysuckle, bittersweet, wild grapes, wisteria and Boston ivy, but not to dig them up as that would remove them at the present time and would remove too much soil and cause further erosion. It would be better to use these noxious plants as an anchor so that he could put in native species after he installed a terracing system. He stated he would use treated northern yellow pine for the stairs which was durable and approved by the DEC for this type of work. He further explained that this would all have to be done by hand because by removing the weight of the vines would help the root system from pulling and falling down the bluff due to their weight . He stated he intended when everything was finished he would replant using rosa regosa, cotton easter and beach grasses and that he would put the stairway in the same exact spot that it was before . 6. On top of the bluff Mr. Harroun proposed a turf reinforcement mat to be shaped and draped over the bluff to allow the beach grass to grow through as the mat would stabilize the soil and anchor the vegetation. He then proposed for the safety sake a light wooden picket type fence along the edge of the bluff to replace the old rotten fence that was there so that when my guests with small children visited the property, they would not walk to the edge which is very steep at the top of the bluff. He proposed he would plant along the fence perennials that would survive in the salt air. 7 . After reviewing all this I agreed that the stairs needed to be replaced and the top platform needed to be repaired for safety sake if nothing else. Mr. Harroun stated that since he was repairing and replacing in the same location for which I had previous permits, I did not need any new permits as the replacement was of the same kind and again in the same place. In effect, the replacement of the stairs was for safety sake and so he could gain access t to the bluff to improve it and get rid of the noxious and invasive species that had caused the problem. I gave Mr. Harroun the go ahead for the project in conjunction with the other work he was doing on my property. Later as he was progressing, but not quite finished, his work was stopped by the Town of Southold. As I understand it now, it is because he did not have an updated permit . As a result we have reached the present time. Attached hereto as Exhibit F is an "As Built Stairs Survey" by John C. Ehlers Land Surveyor dated 07-28-2011 . 8 . I will admit because the work was done for the third time and was in the exact same spots, I presumed, especially after talking Mr. Harroun, no permit was required. Obviously, since I have been served with a criminal summons, I was sorely mistaken. It should be pointed out that Mr. Harroun after he pruned back the overgrowth in some areas there has been regrowth which will assist him when he installs the terracing to prevent the future erosion. I am attaching as Exhibit G, photographs taken by Mr. Harroun of the work he has done. 9. Over all the years since 1969 my parents and I have tried to be good stewards of this property. It upsets me to no end to find that I am now charged criminally for something I did not do although I am responsible as I own the land. Ultimately Mr. Harroun will take responsibility as the professional for the work he did without a permit . I humbly pray that the Southold Town Board of Town Trustees will grant a permit in order to allow Mr. Harroun to complete the project especially the replanting to prevent further erosion of the bluff. Ellen F. Emery Sworn to before me this 26th day of August, 2011 Notary Public 1ao e��l Cortimlaebn �'�•�— r 1 � Y • t N< PHOTOGRAPHS • D• PLATFORM TAKEN BY ELLEN EMERY SUMMER . , rnv�wnnrn nw.r..rv... 9orrowerSen t Estate of Donald C. Emery ----- Property Address City County State Zip Cado Lender r Waterfront View ( Easterly direction) f uT 1�Y` `� I`nfYQt'�'a`ta • 4S':�}"t�a i•�'R'h'"ur�^e Qui. w' "��� � lYwq r� 3A Yy- T3" a J�-�, tr at j nxi r M1�1 u� A X :, �Cfi4'��� yygMRfir y��x; v tYgr y s *.y C. Y,,,,xrir �+" ,r�«. + �ru�t-,+'�; ,'� ,r ,[ +a'+ Stairs to Beach i a s a _ frr ttt.3i.. a h r xfa �1 _r»✓� S m.� }:J, Ufa I PHOTOS TAKEN BY BURT G. LEWIS, JR. APPRAISER APRIL 7 , 1986 EXHIBIT B Vi 11 J P ate. PHOTOGRAPHS • JOHN COSTELLO DECEMBER 29 , 1993 PHOTOS OF SUBJECT PROPERTY February 27, . • , M FM BRESLIN APPRAISAL � Y X11 F> l Al Ev nlli6 �I 1 J _ CO., Island Tree and Landscapes Inc. 61505 Main Road Southold, New York 11971 April 28, 2011 Ellen Emery Nassau Point Road Nassau Point, Cutchogue 11935 Dear Mrs. Emery, I'd like to update you on the progress of the landscape project at your Nassau Point home. The tree work is complete and we have begun the retaining wan near the garage entrance. While inspecting the grounds, I took the liberty to walk the stairs to the bulkhead, most of which was impassable due to overgrowth of bittersweet, wild grapes, honeysuckle, poison ivy and sumac. This vine attachment type growth has the capability to pull,tug and lift anything it comes in contact with. It grows so profusely, that it blocks the photo process for the beneficial and indigenous plants such as small red oaks, white oaks, wild cherry, northern cedar and bayberries, all of which, when healthy become an excellent anchor system for the bluffs. Therefore, I recommend selective cutting of the invasive material involved with the stairs. This selective cutting would in turn invigorate the native stock once pollarded, allowing for a vigorous regrowth of desirables. As for the stairs and the deck, the sun and weather has weakened and derogated the structure to the point where it must be entirely replaced. All the risers are rotted at the point of attachment, two actually let go under my weight. Since you have permits in place, we could reconstruct, without changing width, length, height or appearance of structure in place. We would absolutely-stay within the-origiinafftrotprhA.T-hiswould make the structure safe and more acceptable to your insurance company assisting you with liability issues. Please contact me as to your feelings on this issue. I look forward to speaking with you soon. Sincerely, �/ h Ned Harroun New York State Certified Arborist NY 0-178 Suffolk County Home Improvement Contractor License No. 21516-H EXHIBIT E I I�I��lEllli �.IE���I l '�� � ' . �, �F����II� ,,��•� :;; �r i NED HARROUN FROM : COSTELLO MARINE CONT. PHONE NO. : 631 477 0005 Aug. 05 2011 11:12AM P5 95 166(4!661-tic N(EI •STAII of PARTMENt OF fnVIRONMENTAL CONSERS DEC PEREtIT NUMBER EFFECITIVF DATE Der�yvL)Otr 1981 FAOLITYIPROCRAM NL.VIBIRIs7 PERMIT EXPIRATION DAIEhl CC .Jl_ ^J Under the Environmental Conservation Law MCC T3rgJ' 6 � �b06afyh � � � YF pecember 31 , 1992 Article 15, Title 3; 6NYCRR 327, [ U 6NYCRR 11f\�1/)/i JArticle 25: 328, 329: Aquatic Pesticides '.Yater Ouality Certification Tidal Wetlands Article 15,FProtection of Ille 5: Article Water SPDES 17, Titles 7, B: Article 27,o Solid Waste Title Management' 360: aArticle 15, Title 15: Article 19: Article 27, Title 9: 6NYCRR 373: Water Supply �1 Air Pollution Control- Hazardous Waste Management a Watelr T Transport cle 15, Title 15 I I MinArtieTitle d Land R clamation Coastal 3Erosion Management oArticle 15, Title 15: Article 24: Article 36: Long Island Wells Freshwater Wetlands Floodplaln Management aArticle 15, Title 27: N—New, R—Renewal, M—Modification, Articles 1, 3. 17, 19, 27, 37: Mid, Scenic and Recreational C—Construct ("only), O Opeate ("only) 6NYCRR 380: Radiation Control Rivers PERMIT ISSUED TO Ew%¢r v ADDRESS OF PER"" aIl 5 s9as 93 AGENT FOR PERMETTEEECONTACT PERSON ITELEPHONI NUMBER C�S�e\o rlt.� Cart�fa,c��n sic 417- 1119 NAME AND ADDRESS OFPROIECTIFACILITY tiff cNfesent from Permittee) E PIS r�� TOw'N(C "" • UTM COORDINATES LOCATION Of PROJECTIfACILITY COUNTY DESCRIPTION OF AUTHORIZED ACTIVITY linear feet of bulkhead Construct within 18" of existin functional bulkhead 1 11 In c�t'ne i and place S.0 cu. Yds. of backfill . 1 nc �o tQh/ p Ce t d �. C�Su Ae. GENERAL CONDITIONS By acceptance of this permit,the Permittee asrees that the permit to contingent upon Nhe hereto. once with the ECL,all applicable legislations and the conditions specified herein of attached hereto. 7. The Pennines,than file in theoffite of Me appeopdate regional permit administrator,or otherefficedeli{natenrwthe special conditions, isnonotice thewak tion Ca commence work at teat 45 house M edvanee of the time of eommencem rn and shall glso notify him bar promptly R w4 wapc,ded a 2. The permitted work dull ba wlsiect to inspection by an suChar red wPMtmaerve at the Department of Em irarmcrrul Conservation whiith may order the,. the pubic interest su requkas Pursuant w ECL 171-0301 and SAPA 140101. ...i .. ._.. _ 3 the permame has aeeeptad expressly,by the eweuapn of the aPantta ion,the silegal ne save responsibility il the orate from su�a ctions.rdamages and costs of awry name i dd descrip sunewd arising Cut d the Protect described hnrwm and has agreed ... .......... . ... .. ... tion resulting hap the mid oroieee. _. 4 The DeOanmetst wsarves.ehe ri{lee to modify,suspend or revoke this permit ere any,time afar opinion of the ECL,and pertinent aro found;4T,;'. al this seopd 61 the project Is exceeded a a violation Cf any eondilien of the permit a proV ., . bl de permit was obtained by,miPepr Atatwn or failure to disclose rccayc,m facts:or ...._ ...... .... _. _. _ ..;...' :• cl newly dHeovered information Cr significant physical changes aw dlsconeTRd since the permit was.hipped., _ h_ch maY be,-wowed .9,.jhe permittx M responsible iw koepaF{the permit active by submitting a renewal application,including pnL forms!fees nr vApTo plememal Infotmatlnn.. by the Dworman ho later than Ili days(1e0 days for SPDE 5 or toed a Nazerduous the ands or,i^tertWaste eeas rc with theKKpa Ilan rights ofrehe nem order to pedCms_the, 6. This permit Shell Fiat be Construed as conveying to chic applicant any right to trcsaass upon .,. ._,__ pemettbd wok or is sudwriting the impairment of any sights,title or interest in mal or personal property-held W veiled In a person whip party,tpahe pvmit.,_,,._, 7 The pemiitma is tesppsylhle for obtaining any other permits.-porpyah.Fonds,easements and righD4l vaY which may be reauired Eet this protect. 7 I he pert of this permit by the DeOawment does mot.unless expressly provided for.modify,supersede or rescind on aides on consent a determination by rhe Commissioner issued trewaetae by the Department or any of the terms.conditions.Of feoWwmams conuuwd Is such oder or determination. 9' Any modlticatien of this permit panted by the Department mute be in writing and an--bed hereto. _ ADDRESS ategl m R e Bldg. 40 PERMIT ISSUANCE DATE Robert A. Greene shOss BV"k N-Y- it O-3 AUTHORIZED SIGNATURE Page 1 of 3 FROM : COSTELLO MARINE CONT. PHONE NO. 631 477 0005 Aug. 05 2011 11:13AM P6 aft a u j j UQ j Iii. 2nds /the-u ture *ovations by the Stare or ark n )u,rr an a6 other envuorwrentally eletarious matefols asincal.d w,d, +1 the positron of the structure nr •ear herein aurhorucd, or project . opinion of the Deoaftment or Env,rnnmental Conservation 14 Anv maten.il dredged,r,the prosccutrtln or •hp work h."..,p<rmnj•4 hall cause unreasonable obscructron to the free navigation of said shall be removpd evenly,wuhour leavmy Urge refuse wlrs,tidies J<mx, aters or flood flows or endanger the health, saisty or welfare of the bed of a waterway or doodplarn or dean hoje5 that may has, , the people or the State, or cause loss or destructinn or the natural tendencv to cause damage to na.,eable channels nr !o!no yank:of resources of the State,the owner may be ordered by the Department to a waterway remove or aper the structural work; obstructions. or hazards caused 15 There shall be no vn1easonabie nte,,efonce•vth nasigahnn by the wok thereby without expense to the State. and If, upon the expiration or herein authorized revocation of this permit. the structure, fill. areavation, or other 16 It upon the expiration or revocation of this peimq, the project he!eby modification of the s,ate,cou,se hereby authorized shall not ba cam. authonrpd has not been completed,the apphcont:hall,.,thou[etptm< pleted,the owners, shall. without expense to the State, and to such to the State. and to such extent and in such time and manner as the extent andinstlehtime and manneras the Departmental Environmental Department of Env,ronmentalConservation may reouire,rama"all or ConlEriratiOn may require,remove all or any portion of the uncompleted any portion of the uncompleted structure or till and restore the srte structure M fill and restore t0 its former Condition the navigable to its former condition. No claim shall be made against the State or and floodeapacity of thewatercourse.No claim shall be made against yew York on account of any such removal or alteration the State of New York on account of any such removal or alteration. 17 if granted under Arricle 36, this permit does not signdv in anv wav w 11 That the State of New York shall in no case be liable for any damage . that the prosect will be free irom flooding, or injury to die stfuclure orwork herein authotited which may be caused to If granted under 6 NYCRR Part 608, the NYS Department ofEnviron- br of result from future operations undertaken by the State for the mental Conservation hereby certifies that the subject project will not Conservation or improvement of navigation.or for other purposes,and contravene effluent limitations or other limitations or standards under 'iso claim aright to compensation shall accrue from any such damage, Sections 301, 302, 303. 306 and 307 of the Clean water Act of 1977 12. Granting of this pNrmit does not relieve the applicant of the responsi• - (pL 95-217)provided that all of the conditions listed herein are met bility of obtaining any other permission. consent or approval from 19 All activities authorized by this permit must be in strict conformance the U.S.Army Corps of Engineers, U.S.Coast Guard,New York State with the approved plans submitted by the applicant or his agent as part office of Cenral Services or local government which may be required. of the permit application. 13 All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, Such approved plans were prepared by solvents.lubricants.epoxy coatings.paints.ccuxCrete,leachate at any on SPECIAL CONDITIONS 1. A copy of this permit with supplementary conditions and approved plans must be available at the project site whenever authorized work is in progress. 2. The permit sign enclosed with the permit or a Copy of letter of approval must be protected from the weather and posted in a conspicuous location at the work site until completion of authorized work. 3. At least 48 hours prior to commencement of the project, the permittee Foust complete and return the top portion of the enclosed receipt form certifying that he is fully aware of and understands all provisionsand conditions of this permit. Within• •one .week of -completion - of the permitted work, the bottom portion of that form must also be completed and returned. 4. If the permittee intends to undertake any project design modifications after permit issuance, the permittee must submit the appropriate plan changes for approval by the Regional Permit Administrator prior to undertaking any such modifications. The permittee is advised that - substantial modification may require submission of ra,.new applieatioh for, ._., permit. . 5.r' Bulkhead must be constructed within = 18" of the existing ; structure• . measure& from the face of old sheathing to the face of..new sheathing.. 5.. .Construction of- bulkhead._andreturri walls must, be_ completed prior ' to placement of any fill material 6eh.ind -sucti sEructures .Use of— timbers (wood) treated .with 'pentachlorophenol . is strictly prohibited. OFC PERMIT NUMBER aROCaAAWACIc1TY NUMSER _ of 3 �� .7 Page FROM COSE LO MARINE CONT. PHONE NO. : 631 477 0005 • Aug. 05 2011 11:14AM P7 25c NEW VOOTATE DEPARTMENT OF rNVIRONMENTAi.CONSERVATION SPECIAL CONDITIONS 1 For Articles— S—& 25 ( Protection of Water.Water Quality Ce r-t 6 Tidal Wetlands 8. All fill must be obtained from an approved source and consist of clean gravel, sand, and soil. Use of asphalt, slag, flyash, broken concrete or demolition debris is prohibited. 9. Contamination of 'tidal wetlands and the waters of New York State by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project is prohibited. 10. Any debris or excess material from construction of this project must be immediately and completely removed from the project area and disposed of at an approved upland site. Disposal of debris in tidal wetlands is prohibited. _ 11. Any bulkhead constructed directly adjacent to vegetated tidal wetlands is to be jetted in with minimal disturbance to the tidal wetland. Trenching is strictly prohibited. 12. This permit autl-torizes the use of filter fabric behind the bulkhead sheathing to retain backfill. Scour protection consisting of a 6 to 12 inch layer of 10 to 20 pound stones covering the backfill is also authorized, provided that the scour protection is underlain by filter fabric. 13. No mining, excavation or grading of beaches or other areas seaward of the bulkhead is authorized. In particular, backfill material may not be obtained from these areas. DEC PERMIT NUMBER �J PROGRAM HUNKER Page �—df .. FACIL17r 10 NUMBER CC z, i Lo" 40 LOG o r Tw We c 3o 4; Fl V v 1 - m i f ..3t 44 Y o u o w M e C. i v,`� co OF i nA�E �1 'PIZ090SZ D�0 }FENCE L . E (�1 E R REPLHce. ExrSr, N� ,;.— BcLK1�CRil W rTH'11.: • NA SA rC L �S « of EXfSl" rti6 T ...�LZ _ . TCwm OF Sc1.:TF+cL� Nv.Y rS' RSTUR, ^rtcr-un ar.� BACK F(CL ;( A?FQcit ;Y bcYs 5efoar�r t CI EriN PLL. N �- 3:5 onam flu . rigQ?LJI.' r !Ills- • ContracNrtg Corp. A P.O.Bov2124 3 (sib) v-79-�i9�_+__ FROM COSTELLO MARINE CONT. • PHONE NO. 631 477 0005 • Aug. 05 2011 11:15AII P9 �' dr�lA9tWa 24y-47,-.r �tii73 .. /"fi0 X3 R A C C Q /'Lc' .✓�^9Y�/rami? /!:• /.,fi ri r wI1f} iN EXISTING SULKHr-Ab - ... Y/3Ti4r O&zr ol . G;ni ol UlfOIL alzc�n .•t�tr4 icY s y�:�:r> 5eorct d ' ys, 50 E Cv. yds . I ....._.....a, IA k �o — 34 M<< 3. 4*1r FkoRFAtcr: rMf w ares-a1i i/i/5 ' A-_,>. it,*, - C.0 T'C I I a 6 l) (� FROM COSTELLO MARINE CONT. • PHONE NO. 631 477 0005 • Aug. 05 2011 11:15AM P10 Tb 13L R E PLA C c= {) wlTH mi I g " or b(ISTING 15V4KHTgib lo V ktedPA - SDVTC.e� � , • RPPRc�C >iro qv. 0.n yr-sc Cu. yds . �::c�•a At, R� -. r�--r Jn rilt- ��!^ � -'; •arj. :�cn,; r46RaAlcr: /.:./11FC' I s17•/ice 6f' /�.' C'_ i T( /I : l; U l: New York State Depa�ent of Environmental Conservion Building 40—SUNY. Ston ook, New York 11790-2356 ( 516 ) 751-7900 AMENDMENT TO PERMIT Thomas C. Jorling Commissioner SePle»..6o.�►c{,i 44Z RE: Permit No. 6 Location. 1-473a -Oc432-/a000/-U S�iZ� LASS acs �•..r F6hD . Dear 61% 4En,e" d Your recent request to extend the above permit has been reviewed pursuant to 6NYCRR, Part 621. The expiration date is extended to , Xour recent request to modify the above permit has been reviewed pursuant to 6NYCRR, Part 621. It has been determined that the proposed modifications will not substantially change the scope of the permitted actions or the existing permit conditions. Therefore, the permit is amended to authorize: Qcco�s.:a.,��tsca e = S#a,9-cAse. ..3 )L-7/J1 S'�niBCAS.c.� 8:�'% l0a ' m.dd/2 pla�, ., �l+e"i'rezra. ,}'T I4�.P 6 Y C' --C( 1.., Ac"Awc.- W144, *-42. GG le 616 tM.eG�.at al Ca..cfl�+�s � �'`' � Qr,y de6e�s c¢e�ccess a.Akx,al Sawa, C e...ssa.cr.s.. eF 4['. p:e.�ert s�.wtl be 2er�o.:ad �[+..,. 64.: site +Rn+� Ren.wed � pu +4pP2ocwr'v�(a.d safe. `2� Q\l RCp!haa io es.s6...5 afa..c4..ac: 91.t1 be eoi..l:f.atr� Lo Kep dace rne.0}®Q eaf yl..tj •..6n..�l+.wa1 '. QiQMw,.•� M�61'.N4 C.M4vs.e, 1w. d•�Sl[N,CR.w.�r.l.u.. Of- .'..M kR1h� This letter is an amendment to Ythe original permit and as such, shall be posted at the job site. All other terms and conditions remain as written in the original permit. Very truly yours, �7G��✓ G%L1�/?St� Deputy Regional Permit Administrator cc: I IL cl Lalr 40 N ' ) N _ kr N .. )t g -tie � ��.a $ �Y t y .x a r 1� M S Q m rt f > IT- LO Lo z 9 w z LA N z III(1 t ~ _ �SC.PaS . . t_ o A- t �{ < F R>iPLgCE ExlSTttaG z S CA LE= •Say _ r- " �c assau' P0.1 N T T�n6ER STAtRWhV as= irranunoa+rf T�]9lfi�;-CF SCtfi3iOS_D 7 3'x?2," MATH R (o�X !Z MIDDLE fdr Leo, numb-6rt Sb►aw.ef ee L b �Zrk3b e,C- PLPrTfORI'1� 3z � 3� flNzdeM e 5oheivis:o�-. Ssciran_ At..r4LmS3av. Snvi= w 'S_ >AC�ard�a - -- - N 4M.; 1tat5Sat: Rairtt, 2sC r ceded- Map A .at•e's "' r at�eL'a �.aWr`s 0- weer I o� Z FROM COSTELLO MARINE CONT. • PHONE NO. 631 477 0005 • Aug. 05 2011 11:12AM P4 r� ri 1 � I rr ri 1 2k4 ��Efo4 F/j 7L$�i�t1'Bicf .G�p�' - "t �Crirs n dr' S�criraA iTea.r 1 •� �/w.rr� re xf � •1_ �c�.�s►o ro � I� S>XiN4b�1 �.s'ieet rr �XQ Zn, N � 1 - �Om`SMts !"LORe- .dv6.GB .f/or yp ScALE' YD6T s�n'OX/S .D O.a- ./LC J7il�do7 i►fd72�QiOLS. 4F b/1 ft �tL -'�-+Uaa�Nk'b rem, rliY.1.�/i�•tb .srt ,�bs�!'.S�.4tbdcic�'c�eroevr�N/ego N Y S D E C APPROVED AS PER TERMS AND CONDITIDNS OF. yq%�dl�,fd PERMIT SCO, `17 2w�3a ©c •lo DATEgj�qj,", y,-,...,_ 7lMB��,pl�AtY Cds7�!!D .�lrk+/.C�b Cmc».vc Cop.*? 7Ar-X/9-4f7;Pl-/ kf iT .wr Ftb REUCE SF-Ptellg6R io, /992 AT ft"hV FoIWT S.uCfi QQ< !7 pJ 16WM OF SovtlloLA :5TAttF- OF NEV,-) lIORk:� COUNty Or 3u FFoLr. FROM : COSTELLO MARINE CONT. • PHONE NO. : 631 477 0005 • Aug. 05 2011 11:16AM P12 915-2"00901-!1c Nnv YORK STATE DEPARTMENT OF ENVIRONMENTAL CO,%$t RF'ATION DEC PERMIT NUMBER I-4-738-004.3�./oG�O '.FfFCTIVF GATE JaAQOC a S 1993 FACILIri.PROCRA,M NUMEERtN PERMIT EXPIRATION rE Under the tintdronmerdal Conservation taw (FCL) TnvoAi� TYPE OF PERMIT(Check MI AaMElawe 6mj Na ❑Rarx,.al OmoditmIRP i�PaR„K m L:RMtNet ❑Pem,n to OPRran Article 15, Tifte 5: Protection of Water SArtltde 17, Titles 7, 8: Article 27. Title 9; GNYCRR Hazardous Waste Management 3 Article 15. Title 15: Article 19: a ,4rt1de 34: Water Supply Air Pollution Control Coastal Erosion Management Article 15, rite 23 e 27: Article 38: Water 15: Article Tran port ��''� MinedLind Reclamation � Floodplain Management Article 15, Title Article I I Ln9 Island Wells I� _ J Freshwaater Wetlands 6NA rticles 1360: Radiation Control Article 15, Title 27: Article 25: Wad, Scenic and Recreational ® Tidal Wetlands Other: Rivers Article 21, Title 7: 6NYCRR 360: 6NYCRR 606: Solid Waste Management Water Quality Certification PERMIT ISSUED TO TELEPHONE NUMenR o e ce e[ I I ADORFSS OF PERMITTEE 121 Sogne�se`�' YlV� Ci� y CONTACT PERSON FOR PERMITTE WORK 0.0 TELEPHONE(15 S NUMBER e i is 6i 4.77- 1117 NAME AND ADDRESS OF FROIECTIFACILIrY gffikK4 LOCATION OF PROIECr,FACILITY COUNTYTOWW'Q.. WATERCOUR58M/ETlANO NO. NYTM COORDINATESE: 4 E:�_ m-.4 DESCRIPTION OF AUTHORIZED ACTIVITY - c <� o c� f &Jr IIof ' - ne d ;lI l O Wpi alts e- e4 Don A6.A C-& m oxAcL Can a 'Tin Cts ' e-OVLnn nn nn MWE ,�� dad d dRA e 30 By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL,all applicable regulations,the General Conditions specified(See Reverse Side)and any Special Conditions included as part of this permit. PERMIT ADMINISTRATOR ADDRESS AUTHORIZED SIOMATURE DATE / /� .s�Gl• ,L( 13 Page 1 of T FROM : COSTELLO MARINE CONT. • PHONE NO. : 631 477 0005 • Aug. 05 2011 11:17AM P13 95-2062(10901-25c ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15(Title 5),24, 25, 34,36 and 6 NYCRR Part 608 1 ) 9. That if future operations by the State Of New York require an al- other environmentally deleterious materials associated with the teration in the position of the structure or work herein authorized,or proiect. if, in the opinion of the Department of Environmental Conservation 13. Any material dredged In the prosecution of the work herein permitted it shall cause unreasonable obstruction to the free navigation of said shall be removed evenly,without leaving large refuse piles,ridges across waters or flood flows or endanger the health, safety or welfare of the bed of a waterway or floodplain or deep holes that may have a the people of the State, or cause loss or destruction of the natural tendency to cause damage to navigable channels or to the banks of resources of the State,the Owner may be ordered by the Department to a waterway. remove or alter the structural work,obstructions,or hazards caused 14. There shall be no unreasonable Interference with navigation by the work thereby without expense to the State, and if, upon the expiration or herein authorized. revocation of this permit, the structure, fill, excavation, or other 15. if upon the expiration or revocation of this permit,the project hereby modification of the watercourse hereby authorized shall not be com• authorized has not been completed,the applicant shall,wiihout expense plated, the owners,shall,without expense to the State, and to such to the State,and to such extent and in such time and manner as the extent and in such time and manner as the Department of Environmental Department of Environmental Conservation may require, all or Conservation may require,remove all or any portion of the uncompleted any portion of the uncompleted structure w fill and restoretore the site structure Or fill and restore to its former condition the navigable to its former condition. No claim shall be made against the State of and flood capacity of the watercourse.No claim shall be made against New York on account of any such removal or alteration. the State of New York on account of any such removal or alteration. 16. If granted under Article 36, this permit does not signify in any way 10. That the State of New York shall in no case be liable for any damage that the project will be free from flooding. ar injuryto the structureorwork herein authorized which may be caused 17 If granted under 6 NYCRR Part 608,the NYS Department of Environ, by or result from future operations undertaken by the State for the mental Conservation hereby certifies that the subject project will not conservation or improvement of navigation,or for other purposes,and no claim or right to compensation shall accrue from any such damage. Sectionscontravene 3effluent limitations or other limitations or standards under Sections 701,302,303, 306 and 307 of the Clean Water Act of 1977 11. Granting of this permit dries not relieve the applicant of the resisting]. (PL 95-217)provided that all of the conditions listed herein are met bility of obtaining any other permission, consent or approval from 18. All activities authorized by this permit must be in strict conformance . the U.S.Army Corps of Engineers, U.S.Coast Guard,New York State with the approved plans submitted by the applicant or his agent as part Office of General Services or local government which may be required. of the permit application, 17. All necessary precautions shall be taken to preclude contamination Such'approved plants were of any wetland or waterway by suspended solids, sediments, fuels, 11 solvents,lubricants,epoxy coatings,paints,concrete,leachate or any SPECIAL' CONDITIONS C 1 IT�1 �iS"�vCb�A OA C\ t4V_C . A( .0,.S �2J� of awe �c11Ow�ncl Socias on at 11 Cc✓1PcrE- ^TAZaCtan `loneY,fv�Yi�e. V �v�osa (lose ` �f�lerican �ea�1n� cars a E-Ac0 14Tion ok �a.O' ' So11S V_O.Ve1 or S-�Dnes 1s rt DEC PERMIT NUMBER ✓'-4.7 2-00 4-3 az6noo1- 0 PROORAAVFACILITY NUMBER _._ Pae of �' . FROM : COSTELLO MARINE CONT. • PHONE NO. : 631 477 0005 • Aug. 05 2011 11:18AM P14 SUPPLEMENTARY SPECIAL CONDITIONS The following conditions apply to all permits: A. If any of the permit conditions are unclear,the permittee shall con- tact the Division of Regulatory Affairs at the address and telephone noted below. B. A copy of this, permit with supplementary conditions and approved plans shall be available at the project site whenever authorized work is in progress. C. The permit sign enclosed with the permit or a copy of letter of approval shall be protected from the weather and posted ,in a con- spicuous location at the work site until completion of authorized work. D. At least 48 hours prior to commencement of the project, the permittee shall complete and return the top portion of the enclosed receipt form certifying that he is fully aware of and understands all provisions and conditionsof this permit. Within one week of completion of the permitted work, the bottom portion of that form shall also be com- pleted and returned. E. For projects involving activities to be accomplished over a period of more than one year, the permittee shall notify the Regional Permit Administrator in writing at least 48 hours prior to the commencement of resumption of work each year. F. if project design modifications take place after permit issuance, the permittee shall submit the appropriate plan changes for approval by the Regional Permit Administrator prior to undertaking any such modi- fications. The permittee is advised that substantial modification may require submission of a new application for permit. G. All necessary precautions shall be taken to preclude contamination of any wetlands: or waterway by suspended solids, sediment, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project work. H. ' Any failure to comply precisely with all of the terms and conditions of this permit, unless authorized in writing, shall be treated as a violation of the Environmental Conservation Law. I. The permittee is advised to obtain any permits or approvals that may be required from the U.S. Department of Army Corps of Engineers, NY District, 26 Federal Plaza, New York, NY 10278, (Attention: Regulatory Functions $ranch) , prior to commencement of work authorized herein. J. The granting of this permit does not relieve the permittee of the responsibility of obtaining a grant, easement, or other necessary approval from the Division of Land Utilization, Office of General Services, Tower Building, Empire State Plaza, Albany, NY 12242, which may be required for any encroachment upon State-owned lands underwater. ___ Regl na>l. Pe.rmit Administrator FROM COSTELLO MARINE CONT. • PHONE NO. : 631 477 0005 . Aug. 05 2011 11:18AM P15 zz JNA.58A U Prsl N T 2oA� --------------------- N Y a O i' C PPOVFV Ac '•rnt :.. ,r Ai Lr-n 'ANDEXTEWb F—V6TINUo BOLVI1r/�DREtvRAI Nf' AND REINFoRcI; WrTH quo 1-3 rReg ock. $ACYntl sa.1as. sievy ft I PPLICANT ' t koust �I.bREWCE EM'E�'` I1 s'995 NAwAV volUT XbAD i C,V1CR66VF- Nei 11935 SUFFOLK CouN'1 y IooO-111- 13- (o f?�� ?Y7'� TeP aF .�. REPIIRE� 8 �rl�N� Exvt•N 6[v�F�. CG-°•tEllb MARINE CcNivncTrls6 tt�'nL rua�lw P-o -$ox clay 6`QFFNPbeTi, NJ IIg4y Fi�srnao ra) y l9-fill 2"s>r.xs I PR04oSFD IBJ 111trvioW RfiToRN/RFImcgAn Vot BACCtrCIvoITRC�}1-.snwR ' � c 3eoc L. %T N, RFTL 'II SDr �ttT6E PSco/Jre 8w.� ptsc�M6ER atSll992 FROM COSTELLO MRRINE CONT. PHONE NO. 631 477 0005 • Aug. 05 2011 11:19PM P16 Q 4t f6o �ertc�►ren ac. i CAP, � 2 V 1 VD SCALE cld�►h v ROCS T''iE IN�oR.C�1-a�1JT `tb „ .• � n e : i,:,na4s SuL�}4�� YZETVRN TO �VE+�7r 'n�,p((R16V11Ei) AS �'f. : �uTU'RF. SCOU {: nrlV C\J�ili l'.1\ ` S,Y /coot rFx ui�: u.(-4-7�8�pp13 {oVVo O ��p� ►c�r.1T : R���t�t� B 4 C'b3TEUA MAP-) N 9. C,61JTe . FI:a2ENC� �Me� � P-0. CRM9 571dS 1JfrS5Pv po► NT 1?,0" (�RaEN t'Q2T N -1 11gjy U-rQjo6uE/ N�1 �516� ` 774,W OgcxM9EP_ 30 , l9.5Z 0 0 3 95-M-1 (=7)-90 (7 O New York State m F Department of Environmental Conservation z M r) O NOTICE v 2 O M The Department of Environmental Conservation (DEC) has issued o permit(s) pursuant to the Environmental Conservation Law for work being conducted at this site. For further information regarding the nature and extent of work approved . and any Departmental conditions on it, contact the Regional Permit CS Administrator listed below. Please refer to the permit number shown when contacting the DEC. . Regional Permit Administrator m Permit Number /-4-738-004-3;I./boob-o ` Expiration Date 300tuary Zai;,—!<44 y- NOTE: This notice is NOT a permit 3 FROM COSTELLO MARINE CONT. • PHONE NO. : 631 477 0005 • Aug. 05 2011 11:20AM P18 YJ M 2027, Board Of Southold Town Trustees SOUTHOLD, NEW YORK PERMIT NO. ...10 - ,.13-... DATE: ,,.,1.- I`I=T3.... :. ISSUEDTO ....... E......... ....... . . .................. .......................... C Pursuant to the provisions of Chapter 615 of the Laws of the State of New York, 1693; and Chapter 404 of the Laws of the N State of New York 1952; and the Southold Town Ordinance on- titled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" and in accordance with the Resolution of The Board adopted at a meeting held on 1-1,1.fll. } 19........., and in consideration of the sum of $.... re. ...'--paid by \ . ..........._.............. .................I........ ..... . `t of ..............................................................•............ ....... N. Y. and subject to the Terms and Conditions listed on the reverse side hereof, of Southold Town Trustees authorizes and permits the following: s ri d cr ;5+4� +�\v, .� CcVoj'f1 Ic►'& \\l all in accordance with the detailed specifications as presented in the originating application. IN WITNESS WHEREOF, The said Board of Trustees here- by causes its Corporate Seal to be affixed, and these presents to i be subscribed by a majority of the said Board as of this date. 4f \ ............ ... f :....... ...... .................. ........ .., .. f. ...... ....... .... ... 2'rwstser .G Iffigm .. i CHTr ou �. 4 ._.._ ..,.._._•� .... :P ♦,e � � Q .ew y�E� � ♦ ♦ . f f I ` �� � c '�s N ' � _ _� - ♦♦ e e s' T�e� ♦ �.�I wN II �a � � �� � ��� m^ _ _ ♦Ie f eNI .W'' P 3 p i _ � C _ �w� ��I � � �� o P ff PIr "x ��'v. 1f ��•� i a I f f P � x f' of Ie Wq ♦SMI ' \ mw Ul Sp/D i / nman a.0 c _ _ 3 a1 $ COUNTY OF SUFFOLK © a sec•ax xG OFFICE LOCATION: a0F SOply MAILING ADDRESS: Town Hall Annex ��� Ol0 P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY 11971 H Telephone: 631 765-1938 �O Fax: 631765-3136 �1y00UNTV,N� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM 20 To: Jill Doherty, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: September 20, 2011 Re: Proposed Wetland Permit for ELLEN F. EMERY SCTM#1000-111-13-6 Lark & Folts, Esqs. on behalf of ELLEN F. EMERY requests a Wetland Permit to repair and replace existing stairs and platform with in-kind material in the same location; trim and remove dead and overgrown vines and non-native vegetation on bluff; build terracing and install erosion control mats at top of the bluff; and replant bluff with native plant material. Located: 5925 Nassau Point Rd., Cutchogue. SCTM#111-13-6 �x Figure 1. Subject Parcel. 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 repair and replace existing stairs (excluding platform)with in-kind material in the same location is EXEMPT form coastal consistency review pursuant to §268-3. Definitions: Item B.which states: B. Replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site (inplace), including upgrading buildings to meet building or fire codes, except for structures in areas designated by the Coastal Erosion Hazard Area (CEHA) law where structures may not be replaced, rehabilitated or reconstructed without a permit and shoreline erosion control structures (including, but not limited to, groins,jetties, bulkheads, filled piers) located within Great Peconic Bay, Cutchogue Harbor, Little Peconic Bay, Hog Neck Bay, Noyack Bay, Southold Bay, Shelter Island Sound, Pipes Cove, Orient Harbor, Gardiners Bay, Long Island Sound, Fishers Island Sound and Block Island Sound (excluding all creeks); The construction of a proposed 67.2 square foot platform is not a permissible action pursuant to 275- 11 Construction and operation standards, A (6) and is INCONSISTENT with LWRP Policy 6.3 (below) and therefore, INCONSISTENT with the LWRP. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. 275-11 Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (6) Decks and platforms. No decks or platforms shall be permitted on or near bluffs. Platforms associated with stairs may not be larger than 32 square feet. [Amended 10-11-2005 by L.L. No. 17-2005] Note it is recommended that the Board require more detailed plans detailing the "trim and remove dead and overgrown vines and non-native vegetation on bluff(it is my understanding that the vegetation has been removed): build terracing and install erosion control mats' Vegetation species spacing survivability and terracing materials and details should be provided. 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 QF SOVr • Jill M.Doherty,President ��► Town Hall Annex Bob Ghosio,Jr.,Vice-President �� 64 Main Road P..O.O.Boa 1179 James F.King Southold,New York 11971-0959 Dave Bergen Telephone(631)765-1892 John Bredemeyer Fax(631) 766-6641 BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD Office Use Only Coastal Erosion Permit Application VWetland Permit Application _Administrative Permit _AmendmenVfransfer/Extemion Acceived Application: Fee:S 11} completed Application Incomplete _SEQRA Classification: Type I _ Type I Unlisted AUJ 2011 Coontination:(date sent) G�LWRP Consistencf A tForm _ ---- --CA-C Re6xral Sent vlhte of Inspection: _Receipt of CAC Report: _Lead Agency Determination: Technical Review: _ _�blic Hearing Held._% 1 I I Ir Resolution: Name of Applicant Ellen F Emery (Trustee of the Ellen F. Emery 1999 Revocable Trust) Addtegg 121 Somerset Avenue Garden City New York 11530 Phone Number:( ) (516) 746-4038 Suffolk County Tax Map Number: 1000- I I I ' 13-0 Property Location 5925 Nassau Point Road, Cutchogue, New York 11935 590' northerly of intersection of Wunneweta Road (provide LILCO Pole#,distance to cross streets,and location) AGENT: Lark & Folts, Esqs. (Richard F. Lark, Esq. and Mary Lou Folts, Esq.) (If applicable) Address: 28785 Main Road, P.O. Box 973, Cutchogue, New York 11935 Phone: (631) 734-6807 r SQg'l-51II BoRrd of Trustees Application GENERAL DATA Land Area(in square feet): .83 acres (35,900± sq. ft.) Area Zoning: R-40 (Residential Low Density) Previous use of property: one-family dwelling Intended use of property: one-family dwelling Covenants and Restrictions: Yes x No If"Yes", please provide copy. Does this project require a variance from the Zoning Board of Appeals Yes x No If"Yes",please provide copy of decision. Prior permits/approvals for site improvements: (copies attached hereto) Agency Date NYS DEC December 7, 1991 NYS DEC September 14, 1992 NYS DEC January 25, 1993 Southold Town Trustees January 14, 1993 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: N/A Project Description(use attachments if necessary): Repair and replace existing stairs and platform with in kind material in the same locatiat trim and remove dead and overgrown vines and non-native vegetation on bluff; build terracing and install erosion control mats at top of the bluff; and replant bluff with native plant material. See attached affidavit of Ellen F. Emery. > d of Trustees Appliaatioo WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: To provide safe access to the beach and areas of the bluff; to trim and remove overgrown vines and invasive non-native species; build terracing and install erosion control mats; and re-establish the bluff by planting beneficial native plants. Area of wetlands on lot: -o- square feet Percent coverage of lot: -0- % Closest distance between nearest existing structure and upland edge of wetlands: N/A feet Closest distance between nearest proposed structure and upland edge of wetlands: N/A feet Does the project involve excavation or filling? X No Yes If yes,how much material will be excavated? N/A cubic yards How much material will be filled? N/A cubic yards Depth of which material will be removed or deposited: N/A feet Proposed slope throughout the area of operations: No change to existing 50° slope Manner in which material will be removed or deposited: The decayed and rotten stairs were removed by hand labor as well as tbedead overgrown vines and taken to the Southold Town Landfill. 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): None B�rd of Trustees Application. COASTAL EROSION APPLICATION DATA Purposes of proposed activity: For safety purposes replace rotted and and unstable stairway and platform to provide safe access to beach and rest area from bluff to beach. Are wetlands present within 100 feet of the proposed activity? X No Yes Does the project involve excavation or filling? X No Yes If Yes,how much material will be excavated? NIA (cubic yards) How much material will be filled? N/A (cubic yards) Manner in which material will be removed or deposited:The decayed and rotten stairs were removed by hand labor as well as the dead overgrown vines and taken to the Southold Town Landfill. Describe the nature and extent of the environmental impacts to the subject property or neighboring properties reasonably anticipated resulting from implementation of the project as proposed, including erosion increase or adverse effects on natural protective features. (Use attachments if necessary) None to subject property. Neighboring properties have similar erosion and invasive non-native vegetation choking out the native vegetation which will result in erosion if not properly taken rare of. �oard of Trustees Applicati• County of Suffolk State of New York ELLEN F. EMERY (Trustee) BEING DULY SWORN DEPOSES AND AFFIRMS THAT /SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S)AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF 1-H-S/BER 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. 6 & y - k�� Signature Ellen F. Emery (Trustee) SWORN TO BEFORE ME THIS 26th DAY OF August Zp 11 _ I Notary Public NN�ryM rak Noa16118s51®o-BiAblc �N commission Expkss OCL St. Jill M.Doherty,President• so • Town Hall Annex Bob Ghosio,Jr.,Vice-President 1� 6 54375 Main Road P.O.Box 1179 James F.King Southold,New York 11971-0959 Dave Bergen CAG� • Q John BredemeyerQ Telephone(631)765-1892 COUim, Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD 30-YEAR MAINTENANCE AGREEMENT EROSION PROTECTION STRUCTURES CHAPTER 111-15 OF THE SOUTHOLD TOWN CODE I (We} Ellen F. Emery (Trustee of the Ellen F. Emery 1999 Revocable Trust) The owners of record of property at: 5925 Nassau Point Road, Cutchogue, New York SCTM#1000- 111 .00 - 13.00 - 006.000 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: Existing staircase, platform and bluff terracing to be installed, as shown on the attached licensed survey and/or site plan for the approved structure. It is my/earunderstanding 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 further understand that failure to maintain the structure 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 n�tnra esourcelfe �(as. Sworn to before me this Notar/izzed signature of owner of record—) 26xh ,day of ugust, 2011 Ellen F. Emery (Trustee) Notary Public NO=01=90 Omvrket � ly This maintenance agreement shall only be valid upon the attachment of a licensed land survey/and or site plan made within one year of the original construction and validated to show the final approval of the administrator. PROJECT ID NUMBER • 61720 • SECIR APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 7 -PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1.APPLICANT/SPONSOR Ellen F. Emery (Trustee 2.PgROJECT pNAME of Truste Ellen F. Emery 1999 Revocable Emery Residence Bluff Project 3.PROJECT LOCATION: Municipality Town of Southold County of Suffolk 4.PRECISE LOCATION: Street Addess and Road Intersections. Prominent landmarks etc -or provide map 5925 Nassau Point Road, Cutchogue, New York (SCTM 111000-111.00-13.00-006.000) 5.IS PROPOSED ACTION: ® New ❑Expansion ❑Modifica8on/alteration 6.DESCRIBE PROJECT BRIEFLY: Repair and replace existing stairs and platform with in kind material in the same location; trim and remove dead and overgrown vines and non—native vegetation on bluff; build terracing and install erosion control mats at top of the bluff; and replant bluff with native plant material. 7.AMOUNT OF LAND AFFECTED: Initially .83 acres Ultimately .83 acres 8.WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? ❑X Yes ❑ No If no,describe briefly: 9.WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) F$ Residential ❑Industrial O Commercial ❑Agriculture E]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) ElYes ®No If yes, list agency name and permit / approval: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes �No If yes, list agency name and permit / approval: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? es No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Spo arae Alen F. Emery (Trustee) Date: 8/26/11 Signature If the action is a Costal Area,and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II- IMPACT ASSESSMENT To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR,PART 617.4? If yes,coordinate the review process and use the FULL EAF. ❑Yes Q No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6? If No,a negative declaration may be superseded by another involved agency. 0 Yes a No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten.If legible) Cl. Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic pattern,solid waste production or disposal, potential for erosion,drainage or flooding problems? Explain briefly: C2. Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources;or community or neighborhood charade?Explain briefly: C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly: C4. A community's existing plans or goals as officially adopted,or a change in use or Intensity of use of land or other natural resources?Explain briefly: C5. Growth,subsequent development,or related activities likely to be induced by the proposed action?Explain briefly: C6. Long term,short term,cumulative,or other effects not identified in C1 L5? Explain briefly: C7. Other impacts(including changes in use of either quantity or type of energy? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA(CIA)? If yes,explain briefly: Yes 91 No L I E. IS THERE.OR IS THERE LIKELY TO BE CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Ifs e Iain: Yes ❑✓ No F- j PART 111-DETERMINATION OF SIGNIFICANCE(To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether itissubstantial,large,important orotherwise significant. Each effect should be assessed in connection with its(a)setting(i.e.urban or rural);(b)probability of occurring;(c)duration;(d)irreversibility;(e) geographic scope;and(f)magnitude. If necessary,add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse imparts have been identified and adequately addressed. If question d of part if was checked yes,the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CFA. Check this box If you have Identified one or more potentially large or significant adverse Impactswhidl MAY occur.Then proceed directly to the FUL FAF and/or prepare a positive declaration. Check this box If you have determined,based on the information and analysis above and any supporting documentation,that the proposed actiot WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting thl determination. Board of Trustees Name of Lead Agency — V — Dare Jill M. Doherty President Print or Type Name of Res onsible r' Lead Agency Title of Responsible Officer L Q I Nt Signature of Responsible Officar eat Agency Signature of Preparer(If different from respon ble officer 0 eTown of Southold fl, Erosion, Sedimentation & Storm-Water Run-off ASSESSMENT FORM PROPERTY LOCATION: S.C.T.Iii THE FOLLOWING ACTIONS MAY REQUIRE THE SUBMISSION OF A tr�a 1000 111 13 6 STORM-WATER,GRADING,DRAINAGE AND EROSION CONTROL PLAN s-61-irr c mn _8rmter T' CERTIFIED BY A DESIGN PROFESSIONAL IN THE STATE OF NEW YORK. SCOPE OF WORK - PROPOSED CONSTRUCTION rFEM# / WORK ASSESSMENT Yes No a. What is the Total Area of the Project Parcels? I Will this Project Retain All Storm-Water Run-Off (Include Total Area of all Parcels located within 290 s q. f t. Generated by a Two(2")Inch Rainfall on Site? the Scope of Work for Proposed Construction) (S.F./Aces) (This item will include all runoff created by site — ❑ b. What is the Total Area of Land Clearing + clearing and/or construction activities as well as all and/or Ground Disturbance for the proposed 1000- sq. f t. Site Improvements and the permanent creation of construction activity? impervious surfaces.) 2 Does the Site Plan and/or Survey Show All Proposed PROVIDE BRIEF PROJECT DESCRIPTION (Pmdr Atlptbnd Pepee oNaaeetl) Drainage Structures Indicating Size&Location?This Item shall include all Proposed Grade Changes and — 2L Replace existing stairs and platform in Slopes Controlling Surface Water Flow. 3 Does the Site Plan and/or Survey describe the erosion kind at same location; build terracing and sediment control practices that will be used to X control site erosion and storm water discharges. This system; remove dead overgrowth and item must be maintained throughout the Entire Construction Period. maintain native vegetation on bluff 4 Will this Project Require any Land Filling,Grading area. Excavation where there Is a change to the Natural F-1X Existing Grade Involving more than 200 Cubic Yards of Material within any Paroel? fj Will this Application Require Land Disturbing Activities Encompassing an Area in Excess of Five Thousand Li(5,000 S.F.)Square Feet of Ground: 6 Is there a Natural Water Course Running through the ❑ Site? Is this Project within the Trustees jurisdiction X General DEC SWPPP Requirement: or within One Hundred(100')feel of a Welland or Submission of of a SWPPP is required for all Construction actMties Involving sell Beach? disturbances of one(1)or more acres; including disturbances of less then one acre that 7 Will there be Site preparation on Existing Grade Slopes are part of a larger common pan that wig ultimately disturb one or mare acres of land; which Exceed Fifteen(15)feet of Vertical Rise to Including Construction activities Involving sof disturbances of lase than one(1)sore where One Hundred(100')of Horizontal Distance? — X the DEC has determined that a SPDES permit is required for storm water discharges. (SWPPP's Shall meet the Minimum Requirements of the SPDES General Permit 6 Will Driveways,Parking Areas or other Impervious for Storm Water Discharges from Constructlon-cavity,-Permit No.GP-0.10-001.) Surfaces be Sloped to Direct Slorm-Water Run-Off El X 1.The SWPPP shall be prepared prior to the submittal of the NOL The Not shag be into and/or in the direction Of a Town right-0f-way? submitled to th Department prior to the commencement of construction activity. 2.The SWPPP shall describe the erosion and sediment control practices and where 9 Will this Project Require the Placement of Material, — required,postcwa onstruclion storm ter management practices that will be used and/or Removal of Vegetation and/or the Construction of any X constructed to reduce the pollutant In storm water discharges and m assure Item Within the Town Right-of-Way or Road Shoulder compliance with the temps and conditions of this permit.In addition,the SWPPP shag ❑Area?ftNe Ibm ria NOT leewaa telae lmttllWen a onvewey Nvmr.) identify Potential sources of pollution which may reasonably be expected to affect the qualty,of storm water discharges. NOTE: If Any Anawr to questions One through Nim Is Ana vered wah a Check Mark 3.Aa SWPPPs that require the postconslrudbr,storm water management practice in a Box and ate eomtrucaon she disturbance is between 5,000 S.F.61 Aug in res, component shall be prepared by a qualified Design Professional Licensed in New York a Storm-Watr,Grading.Drainage 6 Erosion Control flan is Required by the Town of that Is knoMedgeable in are principles and practices of Storrs Water Management Southold and Must be Submitted for Review Prim to Issuance of Any Building Permit (NOTE: A Chert Met(J)antl/-Nearerforeachquestion Is Required for a Complete Appkatm) S'1'A'1'E OF NEW YORK, SUFFOLK COUNTY OF...........................................SS That I,..... (NamELLEN .e ofinF F. ,Nvitlual signing Dowmem) EMERY (Trustee) being duly swum,deposes and says tharhe/she is the applicant for Pemut, Andthavhr/she is the ............................................................................................................................. .............. ............ (Owner,Contractor,Agent,Corporate biGr.,ea.) ...... ...... Owner mwVer-represeMati% c>Ff ie 6wnn-cmpwnem,and is duly authorized to perform or have Pgrformed the said work and to make and file this application;that all statements contained in this application are true to the best of lin knowledge and belief;and that the work will be performed in the manner set forth in the application filed herewith. Sworn to before me this; 26th August 11 ................. ..........................(dray of............................................ .20..... Notary Public: ... kzYAtuA..ObNQ ...................6.................. RAORM Ellen F. Enter (sieneturaofAppgo ) (Trust ) FORM - 06/10 � r1 ��( � CommissionExplMOCI-31AN iJ LARK& FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE,NEW YORK 11935 Tele. No. (631) 734-6807 Fax No. (631) 734-5651 E-mail: LarkandFolts@aol.com RICHARD F. LARK MARY LOU FOLTS September 20, 2011 Southold Town Board of Town Trustees 54375 Main Road P.O. BOX 1179 Southold, NY 11971 RE: Application of Ellen F. Emery (Trustee of the Ellen F. Emery 1999 Revocable Trust) SCTM #1000-111 . 00-13 . 00-006. 000 Gentlemen: In connection with the above-captioned matter, I am enclosing the green signature cards from the certified mailings . Very truly yours, /'ichard F. Lark RFL/bd Enclosure APPLICATION OF ELLE'. EMERY 1000-111. 00-12 . 00-005. 004 i F SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Sign item 4 H Restricted Delivery is desired. X � 0 Agent ■ Print your name and address on the reverse 0 Addressee SO that we Can return the Card to you. B. Repeived by((ted Nam C. ate of ivery ■ Attach this card to the back of the maiipiece, t./J ,�/} or on the front if space permits. '� m D. Is delivery address different tmm item lT Yea 1. Article Addressed to: If YES,enter delivery address below: 0 No Barbara Fontana Koch 6030 Nassau Point Road Cutchogue NY 11935 3. Service Type IM Certified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7010 1670 0002 1169 4452 (transfer Irom service IabeQ PS Form 3811,February 2004 Domestic Return Receipt _ 102595-02-W1540 1000-111. 00-12 . 00-005. 005 I SENDER: COMPLETE THIS SECT ION COMPLETE THIS SECTION ON DELIVERY I ■ Complete items 1,2,and 3.Also complete A. Signqtr item 4 If Restricted Delivery is desired. X 7 r� ,,.� 0 Agent66 ■ Print your name and address on the reverse 0 Addresses so that we can return the card to you. B. Reoei ed b(Pdnt�dr^�) C. D of iv Ill Attach this card to the back of the mailpiece, !`i/ 1/. 17 or on the front if space permits. D. Is delivery address different from item 77 Yes 1. Article Addressed to: If YES,enter delivery address below: No Curt Koch 6030 Nassau Point Road Cutchogue NY 11935 3. Service Type IR Certified Mall 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7010 1670 0002 1169 4445 (rrensfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595.02-IM1540 1 1000-111 . 00-13 . 00-005 . 000 N 07 f ETU eNED Page 1 of 2 APPLICATION OF ELLE•'. EMERY • 1000-111. 00-13. 00-007 . 000 _may SENDER: COMPLETE THIS SECTION COMPLE7E THIS SECTION ON DELIVERY ■ Complete Items 1,2,,and 3.Also complete A. Ileal 4 If Restricted Delivery is desired. 0 Agent ■ Print your name and address on the reverse X 0 Addressee so that we Can return the card to you. B. Received by(Printed Name) ate of ivery III Attach this cans to the back of the mailpiece, I or on the from if space permits. D. Is delivery address different from Rem 1? 0y' 1. Article Addressed to: R YES,enter delivery address below: N Krupski Family Limited Partnership 95 Laurel Hill Road Northport NY 11768 3. Service Type $1 Certified Mail 0 Express Mail 0 Registered ❑ Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 yes 2. Article Number 7D1D 1670 0002 1169 4407 (fiansler from service labeq Ps Form 3811,February 2004 Domestic Return Receipt 102a)502-101-1540, 0 _.: Page 2 of 2 s:,e LARK& FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE,NEW YORK 11935 Tele.No.(631)734-6807 RICHARD F.LARK Fax No. (631)734-5651 MARY LOU FOLTS — -- - - E-mail: LarkandFolts@aol.com September 19, 2011 Southold Town`B'dard of Town Trustees 54375 Main Road P.O. Box 1179 Southold, NY 11971 RE: Application of Ellen F. Emery (Trustee of the Ellen F. Emery 1999 Revocable Trust) SCTM #1000-111 . 00-13 . 00-006. 000 Gentlemen: In connection with the above-captioned matter, I am enclosing the Proof of Mailing of Notice with attached certified mail receipts along with the green signature cards . Also enclosed is the Affidavit of Posting. Very truly yours, AYichard F. Lark RFL/bd Enclosures • �OyOgpFFD(,�Co • ti �l Jill M. Doherty, President ti Town Hall,53095 Main Rd. Bob Chosio,Jr.,Vice-President �• r� P.O. Box 1179 James F. King Southold, NY 11971 Dave Bergen �Q ��� Telephone(63 1)765-1892 John Bredemeyer Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD --------------------------------------------------------------- In the Matter of the Application of ELLEN F. EMERY COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I RICHARD F. LARKresiding at PEI y 550 Birch Lane, Cutchogue, New York being duly sworn, depos63and says That on thelot�ay of September 2011, I personally posted the property known as 5925 Nassau Point Road, Cutchogue, New York 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, September 21, 2011 on or about 6:00 PM. Dated: September 19, 2011 f �'"�y (si ature) Richard F. Lark Sworn to before me this 19thday of Sept 20 11 N-�- otary Public BAFOMW=01 =90 w SWCIN#MMYak No01 90•SI/ekO�K . CalmYebn evw Oct.37�8�0� PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: Barbara Fontana Koch 6030 Nassau Point Road, Cutchogue, NY 11935 Curt Koch 6030 Nassau Point Road, Cutchogue, NY 11935 Daniel P Orlando 30 Hillcrest Drive, Pelham Manor, NY 10803 Sandra L Orlando Krupski Family Limited Partnership 95 Laurel Hill Road, Northport, NY 11768 STATE OF NEW YORK COUNTY OF SUFFOLK BARBARA DIACHUN residing at 875 School House Road, Cutchogue, New York ,being duly sworn, deposes and says that on the 12th day of September 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 Cutchogue, New York that said Notices were mailed to each of said persons by CERTIFIED MAIL/RETURN RECEIPT. l� Barbara Diachun Sworn to before me this 12th Day of September 20 11 Notary Public Itlg1 F.LARK nor rwoarraow.yoik w. ao•ewtok�!�, CanNwbn E*m Aug.a y APPLICATION OF ELLE. EMERY • ,I 1000-111 . 00-12 . 00-005. 004 U.S. Postal Service,,, CERTIFIED MAIL,,, RECEIPT ru (Domestic un r h E• cutGtlO t PAF 49*`., a a � Postage $ f0.44 09�F��-h rl Carl Fee $2.85 f1J O Return Receipt Fee `� Postmark Endorsement Required) f2.30 I— o ( q ) S�+#2 201 O Restncted Delivery Fee O (Endorsement Required) $0.00 ••,a Total Postage&Fees $ $5.59 09/1 1;p. rJy Sent To Q Barbara Fontana Koch r-1 --------- ------------------------------ -- --------------------- C3 Street,Apt.No.; 171- or Po Box No. 6030 Nassau Point Road City•State ZIP....................................................................... Cutchogue NY 11935 rr. 1000-111. 00-12 . 00-005 . 005 Postal CERTIFIED MAIL,,, RECEIPT rn (Domestic Y r-1 Postage $ $0.44 09d5 I1J Cadillac!Fee �' 144ostrnark O Return Receipt Fee \ Here C3 (Endorsement Required) O Restricted Delivery Fee O (Endorsement Required) M1 ,-p Total Postage&Fees $ 15.59 0�771�2011 ra Sent To C3 Curt Koch C3 Street,Apt.No.; d.Po6orNo. 6030 Nassau Point Road City,State ZIP.a Cutchogue NY 11935 :r r. 1000-111 . 00-13 . 00-005 . 000 Postal CERTIFIED MAIL- RECEIPT m (Domestic Lr s Q PE"M i r .A rq Postage $ t0rq .44 Certified Fee $'� ru C3 aK-rD pbyere 7 C3 Return Receipt Fee Here f, � (Endorsement Required) 62.70 ' Restnctetl Delivery Ede O (Endorsement Required) 10.00 M1y Taal Postage&Fees $ $5.59 09/12/2011 A Q FuntToJangan0-----------------------------•.-.---.•-No.,No. 30 Hillcrest Drive .........._........ ziP«-a Pelham Manor NY 10803 Page 1 of 2 APPLICATION OF ELLE. EMERY 1000-111. 00-13. 00-007 . 000 Postal CERTIFIED MAIL ,, RECEIPT r (Domestic Mail Only;No Insurance Coverage Provided) 0 7 A Postage $ $O.44 0935 Cersfied Fee 12.E (;jG U L nj Postrne O Retum Receipt Fee Here O (Endorsement Required) $2.30 Restricted Delivery Fee / yy C3 (En Required) x.00 171 .D Total Postage 8 Fees $ $5.59 li ri Jo 3' Sent To r.q r3 _Krupski Family_Limited Partnership Street, .......: ............... ......... r or PoBox No. 95 Laurel Hill Road -------------•------------------•--......----------•---..._..... City,State,ZIP+4 Northport NY 11768 :r 77n . Page 2 of 2 Board of Trustees Application • • AUTHORIZATION (where the applicant is not the owner) 1 ELLEN F. EMERY (Trustee) residing at 121 Somerset Avenue, (print owner of property) (mailing address) Garden City, New York 11530 do hereby authorize Richard F. Lark, Esq. or Mary Lou Folts, Esq. (Agent) of Lark & Folts, Esgs. to apply for permit(s) from the Southold Board of Town Trustees on my behalf. (Owner's signature) Ellen F. Emery (Trustee) Town of Southold • • + LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 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 si rwficant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. 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- supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website(southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION i SCTM# 111 _ 13 _ 6 Ellen F. PROJECT NAME Emery Residence Bluff Project The Application has been submitted to(check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees El 1. 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) j (c) Permit,approval, license,certification: Nature and extent of action: Repair and replace existing stairs and platform with in kind material in the same location; trim and remove dead and overgrown vines and non—native vegetation on bluff; build terracing and install erosion control mats at top of the bluff; and replant bluff with native plant material (see attached affidavit of Ellen F. Emery sworn to on August 26 , 2011 with attachments as part of this application) . Location of action:_ _59250Lsau Point Road, Cutchogue, Ne*rk Site acreage: .83 acres Present land use: one-family dwelling Present zoning classification: R-40 (Residential Low Density) 2. 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: Ellen F. Emery (Trustee of the Ellen F. Emery 1999 Revocable Trust) i I (b) Mailing address: 121 Somerset Avenue, Garden City, New York 11530 I i (c) Telephone number: Area Code( ) (516) 746-4038 (d) Application number, if any: None 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? N/A 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. I ❑Yes ❑ No [:] Not Applicable Provide safe access to the beach with erosion control structure and replant bluff with native species. i Attach additional sheets if necessary i Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III-Policies Pages 3 through 6 for evaluation criteria ❑ Yes 11 No 0 Not Applicable . I 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 Improve visual quality of the bluff on applicant's property by preventing bluff erosion, remove non—native plants and replace with attractive native species. i I Attach additional sheets if necessary NATURAL COAST POLICIES i Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section IH—Policies Pages 8 through 16 for evaluation criteria ❑ Yes ❑ No ❑ Not Applicable The replacement of the bluff stair system was necessary for safe access to the beach and to the bluff area to trim the overgrown and dead invasive plants and to install the terracing to provide the regrowth of healtlp native species and to assist in retarding future erosion. 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 [i]Not Applicable i 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. ❑ ❑ 0 Yes No Not Appa ble • i I 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. I Yes [:] No Not Applicable I 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 0 Not Applicable PUBLIC COAST POLICIES Poli 9. Provide for public access to and recreational use of coastal waters �T P , , public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. El YetQ No 0 Not Applicable I Attach additional sheets if necessary WORHING COAST POLICIE6 • 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 x❑ Not Applicable 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. j ❑ Yes ❑ No 1� Not Applicable i i 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 El Not Applicable i Attach additional sheets if necessary i 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 Q Not Applicable `i I PREPARED BY Richard F. Lark TITLE Attorney DATE 8/30/11 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold!s Code of Ethics -3hibits conflicts of interest on the rrart of town officers and emolovM The MMM Of this form is to provide information which can aim the tour of possible conflicts of intent and allow it to take whams action Is neassary to avoid same. YOURNAME: Lark, Richard F. (Last name,first nuw,gikkUe initlal,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 Twee ye Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other",name the activity.) Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest"Business interest"means a business, including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If you answered"YES",complete the balance of this forth and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agentfreprsentative)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 noncorporate 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 Submitted this 30th day of August ,{i! ft 2011 Signature Print Name ichard F. Lark Form TS I APPLICANT/AGENT/REPRESENTATIW TRANSACTIONAL DISCLOSURE FORM The Town of S-aaheild's Code of Ethics limbibits conflicts of arroyo officems and emnloveea Tire on=of ft imm is at movies information which can ate*the town of eossiMe conflicts of Joining and allow it to take whatever action 11 neecomm to avoid same. YOURNAME: Folts Mary Lou (Last name,foal name,*iddle initial,unless you am applying in the name of someone else or other entity,such as a company.If so,indiab the other person's or oompury's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building vwimm Trustee 1% Change ofzone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Odw (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,meninges or bsiness interest."Business intemsf°means a business including a partnership,in which the town officer of employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO _ 4, If you answered"YES",complete the balance of this foto 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(tire applicam/agentlrepresentative)and the town of6oer or employee.Either check the appropriate line A)through D)andror describe in the space pmVided. The town officer or employee or his or her spouse,sibling,paint,or child is(deck all that apply): A)do owner of greater then 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 nontotporate entity(when the applicant is not a corporation): _C)an officer,director,harmer,or employee of the applicant;or _D)the actual applicant. DESCRIP'niON OF RELATIONSHIP Submitted this 30th day of August )M2011 signature oYtr Y.i Print Name Maryo�uFolts Form TS 1 • APPLICANUAGENTBEPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Tot of Southold's Code of Ethics prohibits conflicts of interest on the W of town officers and employees.The purpose of this form is to provide inforination which can alert the town of possible conflicts of interest and allow it to take whatever action is y to avoid same. YOURNAME: Emery, Ellen F. (Last name,first name,ipiddle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee �� Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other,name the activity.) Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest`Business interest"means a business, including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO 41 If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. _ The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity(when the _ applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or _D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submittedthi 6th darf u ustxM 2011 Signati Print Name Ellen F. Emery Form TS 1 LARK& FOLTS i Attorneys at Law l' 28785 MAIN ROAD -- - -- PO BOX 973 n CUTCHOGUE,NEW YORK 11935 - Au,; �j Loil --------- ---------- i ....✓ Tele. No. (631) 734-6807 Fax No. (631) 734-5651 - E-mail: LarkandFolts@aol.com RICHARD F. LARK MARY LOU FOLTS August 30, 2011 Southold Town Board of Town Trustees 54375 Main Road P.O. Box 1179 Southold, NY 11971 RE: Application of Ellen F. Emery (Trustee of the Ellen F. Emery 1999 Revocable Trust) SCTM #1000-111 . 00-13 . 00-006. 000 Gentlemen: In connection with the above-captioned matter, I am enclosing the following in triplicate: 1 . Board of Town Trustees Application. 2 . Board of Town Trustees 30-Year Maintenance Agreement . 3. Short Environmental Assessment Form. 4 . Town of Southold Erosion, Sedimentation & Storm-Water Run-off Assessment Form. 5. Authorization of Ellen F. Emery (Trustee) . J6. LWRP Consistency Assessment Form. 7 . Applicant/Agent/Representative Transactional Disclosure Forms for Ellen F. Emery, Richard F. Lark and Mary Lou Folts. '-outhold Town Board of -2- August 30, 2011 Town Trustees 8 . As Built Stairs Survey prepared by John C. Ehlers Land Surveyor dated 07-28-2011 . 9 . Check to Town of Southold in the amount of $500 . 00 for the filing fee. If you need any other information, do not hesitate to contact me . Kindly let me know the date and time of the hearing as soon as it is scheduled. Very truly yours, `Richard F. Lar RFL/bd Enclosures APPROVED BY BOARD OF TRUSTEES TOWN OF SOUTHOLD DATE ELLE EMERY .59x5 MASSA WPLR • lnl G LLTCHO G LLE N, Y, / 1935 15TORY Is N 2a FRAME HOUSE t [behiwj � eeWifhirt FD" 4flA(i?rote �� {hrende� rad a ee o ed Fo ne��rpr�vw� Q� •.5 'Fbles dui '" xs replace �-ioeriNC, ` educe Decr- 5 u�Face o 32. 3 ��• -Ae Line — SPARED W 77ed Ara)ZWuN e `'p -nib a - By G-RAPN IC AlE 15 1 M � N � 4 X 8 PLATForM ?RD CIL E _ V I 1� w� deCKl�li TReX i otL ©M ,'Af e-RL E-15 u HIGH WATE? LINE LOW MTER L NE LITTLE PEG g TR p Ns Folz, V 6-�A i N i Ac G WALL it - " 5 T NON � TC �'��-.`��__;� , w✓ , serve -.zuN CFF i4ncl Qres �o�t lcX�C 6 ! 4 �-oo Qf%,5 Ft A, Les SPi e L-z roc!se a f,e 'TeS 6 A l�'� C�cYNe_2 tel- Kzu�k�s —Vr MArKer LacuSf- -13A-ck'eT2- { f Zcnf7 - 6 zczSLE Clzqde. �URck - } �rT� T Le i n- -P3 o w VJ�L.YY lam- J S5c /+-P� lqNd �Nf r �d�lC S/161,C �Vu�s i,�hnJ JON N � A g X45 BUILT STA I RS SURVEY 51 TUATE: NA55AU POINT � TOWN: SOUTHOLD " o- SUFFOLK GOUNTY, NY SURVEYED 01-28-2011 SUFFOLK COUNTY TAX # F [� F P/O 1000 - III - 13 - 6 c 1 SURVEYED FOR: ELLEN EMERY b Y ROAD PROPERTY ADDRESS: LOCATION MAP GUTGHOOUE, NEW YORK AD --- \ W LL N O y \o o OjzM z 1v Pyr \ N EL=60' m \ rnP O EL=55' EL=50' QL r \t� EL=45' LuLl w 2 s\ � �� P EL=40' N Q ? Gut P7�\ P 1 �i \ EL=35' = J W o PES \ \ EL=30' p m w S � \ \ EL=25' r 4 Q w � � �G� 0th \ \ \ EL-20' m z W EL 15' U EL=10' K EL-5' O EL=O' J 277 C) O u O N O m O O N O No O O PLAN VIEW PROFILE VIEW OF NEW Y NOTES: ELEVATIONS REFERENCE LON WATER AT EL=0.0' LIGEN5ED ARBORIST NED HARROUN FROM 15LAND TREE CO. ADVISES THAT "GUT AREA" 15 CURRENTLY REVE6ETATIN6 i ITSELF AND BEST COURSE OF ACTION 15 TO LEAVE IT ALONE i - 6RAPHIG SCALE i"= 50' JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD,N.Y. 11901 369-8288 Fax 369-8287 - REF.C:\Ii sers\John\Dropbox\ 1\1 1-144.pro EXHIBIT F North Fork Real Estate Experts for three generations November 11, 2011 Board of Trustees Town of Southold 2 8 P. O. Box 1179 Southold,NY 11971-1179 --- - -- -_ ---- -- Re: Application of Ellen Emery—5925 Nassau Point Road, Cutchogue,New York Public Hearing—September 21, 2011 Dear Board Members: As the Board is aware, my daughter, Erica Stype McKenzie, appeared before you at the above-mentioned public hearing and gave an oral report of the valuation of waterfront properties that have a functional deck and those that do not. At the hearing, my daughter advised you that she would furnish a written report when I returned from vacation. Previously, I had prepared an appraisal for Ellen Emery's property at 5925 Nassau Point Road, Cutchogue,New York, and determined that the fair market value of her house and property is currently $1,800,000.00. This assumed a functional stairway to the water with an observation platform approximately 8' x 8'4" located midway on the bluff and a bulkhead in good condition. I have been informed that the Southold Town Board of Trustees is requiring Ellen Emery to reduce the size of this deck in its present location to 32 square feet. This is a reduction of approximately 50%, and if this is to occur, in my professional opinion as a certified real estate appraiser and real estate broker,this reduction would in effect destroy its functional use and adversely affect the fair market value of Ellen Emery's property. This reduction would make its use worthless, as 32 square feet would allow for a bench and maybe three or four people sitting side by side on the bench. The point is, with this reduction,there is no purpose in even having an observation platform. 12985 MAIN ROAD,P.O.BOX 63, MATrITUCK,NEW YORK 11952-0063 PHONE: (631)298-8760 FAX(631)298-5779 www.stype.ann stypere(woptonline.net Board of Trustees November 11, 2011 Town of Southold Page 2 Re: Emery Application The present platform's location offers panoramic views of Peconic Bay and the shoreline while allowing up to four to six people to gather with chairs or benches in a social setting for entertainment, relaxation and enjoyment of the panoramic views. There is no other practical location on the Emery property to locate an observation platform. Due to the location of the house and the setback from the bluff, there is a limited view of the water from inside the house. Even if there were no regulations, and you were allowed to construct a deck in the backyard or at the top of the bluff, it would not offer the same panoramic views as provided by the existing observation deck located at the midway level on the bluff. I came to my conclusion that the proposed reduction of the platform to 32 square feet reduces the value of Ellen Emery's property as a result of my experience as a professional real estate broker and appraiser and the researching of sales of waterfront homes in the Town of Southold. For my research, I selected eight waterfront homes, four of which contained usable, functional observation decks or platforms and four of which contained none. The results of my research are as follows: Sales with Waterfront Deck Sales Price 1) 57305 Rte. 48, Greenport, 2 story home on 1 acre on water $1,500,000. 2) 6760 Peconic Bay Blvd., Laurel,ranch home on .75 acre on water 1,417,500. 3) 3945 Camp Mineola Rd.,Mattituck,2 story home on .2 acre on water 1,875,000. 4) 7325 Nassau Pt. Rd., Cutchogue, 2 story home on .75 acre on water 1,685,000. Total Values: $6,477,500. $6,477,500./4 = $196199375. Average Price Waterfront Home with Waterfront Deck Board of Trustees November 11, 2011 Town of Southold Page 3 Re: Emery Application Sales Without Waterfront Deck Sales Price 5) 18075 Soundview Ave., Southold, ranch home, 1.3 acre on water $1,470,000. 6) 3400 Lighthouse Rd., Southold, 2 story home, .53 acre on water 1,475,000. 7) 3300 Sound Drive, Greenport, 2 story home, .7 acre on water 1,300,000. 8) 1060 Northview Dr., Orient, 2 story home, 1.6 acres on water 1,350,000. Total Values: $5,595,000. $5,595,000./4 = $193989750. Average Price Waterfront Homes without Waterfront Deck Final Reconciliation $1,619,375 - $1,398,750. _ $220,625. $220,625. round off to: $200,000. Loss of Value In my professional opinion,the reduction in size of the existing platform located on the Ellen Emery property would result in a reduction in value of$200,000.00. Vtruly ; 1 Andrew D. Stype NYSREGA#460000022831 cc: Lark& Folts } File No. 211175 8/5/11 date Andrew D. Stype - NYS Certified FO Box 63 Mattituck, NY 11952 Mr. Richard F. Lark, Esq. Main Road Cutchogue, NY 11935 Re:EYmery; 5925 Nassau Pt. Rd. , Cutchogue, NY 11935 Dear Mr. Lark: Pursuant to your request, we have prepared an appraisal report of the property captioned in the "Summary of Salient Features" which follows. The accarpanying report is based on a site inspection of improvements, investigation of the subject neighborhood area of influence, and review of sales, cost, and income data for similar properties. This appraisal has been made with particular attention paid to applicable value-influencing economic conditions and has been processed in accordance with nationally recognized appraisal guidelines. The value conclusions stated herein are as of the effective date as stated in the body of the appraisal, and contingent upon the certification and limiting conditions attached. Please do not hesitate to contact me or any of my staff if we can be of additional service to you. Respect y, D. Stype NYS Certified General Appraiser #46000022831 r f APPRAISAL OF REAL PROPERTY LOCATED AT: 5925 Nassau Pt. Road Cutchogue, New York 11935 FOR: Richard F. Lark, Esq. Main Road, Cutchogue, NY 11935 BY: Andrew D. Stype PO Box 63, Mattituck, NY 11952 r SUMMARY OF SALIENT FEATURES Subject Address 5925 Nassau Point Road Legal Description 1000-111-13-6 City Cutchogue County Suffolk State NY Zip Code 11935 Census Tract 1702.01 Map Reference Ha9Fg29 K40 Sale Price $ n/a Date of Sale n/a Borrower / Client Ellen Emery - owner Lender Richard F. Lark, Esq. - client Size (Square Feet) 1,754 - ranch home on Peconic say Price per Square Foot $ 311. Location excellent Age 5yrs.eff. Condition excellent Total Rooms 7 Bedrooms 3 Baths 2 Appraiser Andrew D. Stype - Certified New York Certified General Appraiser 445000007824 Date of Appraised Value 9/15/11 Final Estimate of Value $ 1,800,000 'TOTAL"aD miUl wft are by a la mode,iM, 1 (800)328�6825 T Pro art Deacri tion StypeReal Estate UNIFORM RESIDENTIAL APPRAISAL REPORT File No. 211175 W Property Address 5925 Na Legal Description lOOO---aaau Q1-rat—_____— Ca➢c,rC` ( gle Slab g _�Il ZP Cods 11 -- a folk l.V` Aawawh P--I No_ see l -- County �}]f 'Sat . Tax Year 2110 R.E.Tests E ,n Barrowar �v,, Special Assessments E - Ellen 1]t� - owner Cum.r,t owns Ell F2ne - x:: Property apprawd Occupant: Owner Tenant Vacant 11. X Fee Simpb Leesehob Pro T PUD Condominium(HUDNA o ) HOA S /M ,'jai Neighborhood or PRIName Na FOlTlt sale Price 8 ---- Map flelarence l-laaou29 K40 Canty Tract 1702 01 _ Dere o1 SaleDesalption and S amount of ban Mar 8/coraCessbns b Le P b by yells, <'> APo.w,Nnt RicharT3 F. Lark Esq• _ Address Main RoadaQl�hmIe NY 11015 D. S - 1 Address maw^ Urban Suburban Rural Predominant Single family housing Present land use Xl - 7 a> Built up Over 75% 2545% Under 25X OCCUpanty PgICE AGE Land use than s ?i' Grown rate Rapid StableSbw Uaner $(ODD) (yrs) Ona family en process IuyLikely 90 00 Lew 1 23/ar y Property"lues Increasing Stable Declining Tenant 10 1 H h "' MVItl-lam :i i DemanNwppty Shortage In balance� M To:- Markeu uma ON,wPDy V&Canl PTBdOminant Commeroial 5 UnGr 3 mos. 38 mos. Over 6 moa. Vao(owr 5%) 7 — �':¢` Note: Race and the racial Composition of the neighborhood are not appraisal factoro. [f ` Neighborhood boundaries and characteristics: LIha nor+- b2M h da��day AveT,1 �,rmlTnr•7 NaGSa„ R-, t-' r Lb � ea , h" s n — —��-s ; < Factors that affect the marketability of tie properties In the neighbortood(proximity b employment and amenws,employment p ymant atbnhy, appeal to market, 910J: The affable area of MQatl l ear rr,1 Tnrl baTle State h range are ]at d :Fi;; a fr�_�,hl,r Y,zaa ha 4 ,Ar1tl'kT� VTdI k,r,cr chi�*_•,,,� t iSVer-(7e and , l i — ,' dm;r/ t. r�nr'tat.'LOIl G„r as }n,s an rail marl lroad D p; � t r���i�ye�favors 1 ate_5�._ The amx�al are nParhv The _ ::! Markel conditions In the subbd nalghbonooci (Including support for tie &bow conclusions related b the trend of property "lues, dams c W competitlw propartlse or ante lo ti1e M borhpoQ de6al cora of urs ppfy. and markeurlg time . . auoh as data on Wit p' PreMUNICO of salsa Brad chancing wnoesalong,so.): a d 1' f market s i tpi a iii f 1 1 faster 'tit lo (r rk r aGk; �io i is fairly cLff,Lm,l r The interest ra a4 ac i hre— PfOJeCt Information for PUDE (II applicable)--la tie dewbper/bunder In control of the Home Owners'Assodalbn(HOA)? Approalmare total number of unka b the sub Vec No 'proms' APProximate local number of units for sae In the WbIW probcl Describe common elements aro racraetbnal IWlltise: Dimensions1001 x 360' �# She area36000 Topography _hill/ Comm Lot YeaNNo Size 8� acre Specific mnbg ddN ascabon and dasalpuon R-40 Shape rcn}-acre — t 2onhg oompllaroe Legal Legal ronconbrming(GrandfatMrad use) Iib al g _ No mnirq Drainage Highest 8 bast use es Improved: Present use Other use bzplein) ... View water # Electi dy, Ptab Other Off-site Improvements Type Public PrNate Landscaping Pig nmfessi a1 Gas Strwl ) Driveway Surface tel iCt )(i �.�aa _._ Curb/guffer _ Apparent easements ��� water no — Dt7t__W�� Sidewalk FEMA Special Flood Hazard Area Vea No Sanitary sewer pvt ceSSDOOl Suaet light )MS Storm fewer Alb FEMA Sone X Map Date 8 FEMA Map No. i' Comment(apparent adwrae easements,encroachments,special assessments,skis areae,illegal or 10921 nonconform b9Ing mMnp use,etc.): ne 411 i ert 0' an Pas n,;r Ray The mat rfmn is bul kbead r1 '1here is a rl;ff abovet a t 1 0' th t 1 to the < GENERAL DESCRIPTION E)(TERIOR DESCRIPTION FOUNDATION BASL-HENT No.of UNta FouMalbn INSULATION b Slab Area Sq.Fl. 7 4 Awl' lit[ ^., No,of Stories Ezbrbn Waks V' Crawl Space '-e— Type(DWAIL) Roof Surface ��.,.�,.,,,1 %FlnWed _ _ Coming o?.' - Basement 1 CeNlrg 71 Walla 4'J}' Design(Style) Gutbre&Dwnnuapts. _year_ Etlsting/Proposed 1 Sump Pump wane pyo, — .:' t W&Mow Typo S Dampness r,0 Floor _ t Age(Yre.l SbmVScreena Battlement Ootids FsNora Effectlw Age(Yrs.).) Manufactured House a Unknown OMS Foyer no -Yea no ----J rg _ hoer, Den Fam&y Rm. Ret. edrooms a Batle Baseman, Rm. BLaundry Other Area Sq. Ft. ROpini K Lew117r 1 4 %18_Level 2 - Fmisfod area&bore grade ooMaIM: `J Rooms; Bsdroom(a); 1 7 �} Squero Feat of Genas INTERIOR 2 BeM(s); LMng Area MaredabCondnbn HEATING KITCHEN EQUIP. ATTIC AMENITIES :.f Boors Type Refrigerator None CAR STORAGE. Walls hs ee;rT,r o Fuel F"plsce(a)a � Nora :jf.,: Rupe/Own stirs Patio Tr�n(sh V O ^ Condition V Disposal Dmp Steak Deck Garage sol cars Ham FloorAttached COOLING DIMwssMrScufflePo,M DBbMed Bach Wakecot Central FarvHood Doors .• 5/V CfOOCI Ouerr Fs Bua-In Mkrowaw Heated 1VA Pool Caryort Condilbn WesMrrDryar FlN&ed _— Additional teabres(special energy efkdent Items,etc.): O,heway Wool 4tens tri ba3�hlr Tit Wo fel ,lark b Condition of tie"1.. prowments,depredation(physical, functional,and external).repairs needed,quality of oombucd n,remold -511bi�—hm been C tl, nnyaddubne,oto.: �g_— Th _`' and is in xrellen__L-amdi,tion No mayor repair Adverse em1ronmental condlaom (won as, but not Untried to, hazardous wastes, toxic substances, etc.) present in the improwment, on the aha, ar in "bbd progeny.: �I211$ arai_4ar i rap a art in-p �71YOI]rt,Pntal the Immediate vicinity of rte COT1[l,t, ---it .is 4edd4 Mac Form 70 6-93 'TOTAL"appreeal eoflware by a Is mode,Inc. 1-800-ALAMODE Fannie Mae Form 1001 t1-93 PAGE 1 OF 2 Valuation section UNIFORM RESIDENTIAL APPRAISAL REPORT 100 . ESTIMATED SITE VALUE Flle No. 211175 - • E 1.0000Comments on Cost Approach (such as, source of cost estimate, site :; ESTIMATED REPRODUCTION COST-NEW-OF IMPROVEMENTS: value, square foot calculation and for HUD, VA and FmHA, the Dwelling 1,754 sq.F. os25000 .E 438.500 estimated remainin economic life of theproperty): E : 1 754 SQ.Ft. of B _ 55.00 82.500 The cost a>7oroachls replacarlent cost was € "-.--- deterrnined f theran�Marshallr /Sbaift -- p, - f' Garege/Carport ],nCl Sq.F. sE btulcLrx3 Cost Manu 1 y ' Total Estimated Cort Now 521.000 --- L.� Ph s_ The economic life :Ls estimated at 60 _ Physical Functional Exbmal Years The effective age is 2 years oew.daro^ 17 34 __ a 17.349 The i — C: Depredabd Value of Improvements - RproVerrlentS includes the Hj E_ 503.651 landscaoina steps to beach and 'b-le'velua of site Improwmenb S 0 000 bL7l khaar•1_� INDICATED VALUE BY COST APPROACH E 1 593 651 g a — I'>'% ITEM SUBJECT COMPARABLE N0. 1 COMPAgABLE N0.2 COMPARABLE NO.3 5925 Nassau Point Rd 375 Beechwood Rd. 7825 Nassau Pt Rd 7725 Nassau Pt. Rd. ndCr.sa t Lut Ca.rtch�e Clitchcrlue -Proximity b Subject 2 miles 2 blocks sales Prim __ a 2 400 00 E — 2 blocks p"°°I no u'°Area a s 1000.00 s 814.81 d 2 200 OOC E s� 1 850 000 Data am/of inspection RE Broker 973.68 RE Broker RE Broker VALUEADBoom TM Tax Assessor Tax Assessor 7: VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION . Tax Assessor li E Atllustment DESCRIPTION a(-)E Adjustment DESCRIPTION .(.)S Adjustment Sales or Ffoanckg t€ Concasebns Cor1V/ccnp -0- CdCN/CC -0- Cony /cam -0- Data of SaleRlme 12 13 10 coin -0- 2 14 11 -0- 8 19 10 Location excellent excel -45 C00 fee -0- excel -0- ex el =p_ LeasehPld/Fee SMple fee/com -0- fee Sae .83 acre .lac - -240000 lac Zccrm -0- fee/corm _0- vlew ba -0- lac c -0- /� -0- ba b. _Deign eM App°el ranch 2st gcw -0- ranch ¢: Ouatiyof Construction _0_ -0 V• - goodZcaTgp 5 s.eff. 4 s c -0- 3 s -0- v'good/carte_ =0- -0- 10 S. Condition excellent excel c +20 000 -0- excel _0_ 1 _0_ Above Grade Tobl : Bdrms_. BatheLTclef Burnie BeCts Tobi Rome Bathsu Room Count 7 '.3 2 _— 8 4 3 -12,500 ta 3 3 Total Wince, Be" G - -0- _8 4 2 -10,000 P; Growa vi p Are, 1 754 sa. FL 2,40Q _Sq.Ft. -32 300 2 700sa.F. -47,300 1 goose.FI Basement A FnW*d 1,754 crawl/inf +5,000 full/conpp -0- full —�0?D Rooms Below Grad° -0- L171.f /cargp _ID- lii:1ii:! Functlonel Ualy -- _0_ _O- C _ID_ —very cpad S Nea6ogcoo OHNI AC v• -0- v. -0- v. _0_ " +5 000 Energy Efficient itemscroci -0- 121E -0- -0 -0- J Gamos/Cerport two 1.5car inf +2 500 2 cY�r>p -0A -10 0 0 2. ac -15 000 Poi' Paro,Degk, deck 2decks/sup -10,000 deck/patio/s -15,000 deck/sLp -10,000 Flreplemis),etc. -10 000 One L: one two -10,000 two Fence,Pml•etc. no inf +30 000 —0- f!'r; -- bulkhead 8I — -0- bulkhead/Com: _0_ Net Ad].(fool) + __ Adjusted sales Price S 267 300 + S 77 300 + S 67 300 of Comparable S 2 132 700 S 2 122 700 S Comments on Sales Compadwn(hasudlnp the sub)ad property's mmpatldlly b ale nrtghbodpoq em.l: 3-7 2 700 € The sales were selected for their j bayfront locations in Clrt ,a ChogL. These fables were chosen after a review of sales in the t_renc and best indicate market value for th___e subject pxoperty_Adjustrt�nts arrd for Vahl-e differences Sale #1 is a lamer bare - adjusted for site due to the sandy beachfront - no _ fi:r,< steps Sale #2 is lorated_ve�y close tc thg_subject but a lamer bore Sal a is located near sub'ect and is a similar style bare. ITEM SUBJECT COMPARABLE 10.1 Cc 1, 10 BLE COMPARABLE N0.3 Data,Pica anti Data n/a n/a a0"roB,for Prior gales n/a n/a E: wiUin year of apps '< Analysis of any current agreement of vele,option,or Rating of the subject property and analysis of any prior sales of subject and mmpsrebles within one year of ate dab of appraisal: The subject�rooertv has not been orr the market lace or sold within the last veer. INDICATED VALUE BY SALES COMPARISON APPROACH INDICATED VALUE BY INCOME APPROACH u - - - - - E 1.9001000 ... .... ( APPRcable) Estimated Meow Rent S n a /Mo.s Grose Rent MuMpller n/a -s Thio appraisal b made x 'ee Is. oublect b M Ways,atieretbns, n a inspections or mndkbns paled babes wbject m mmpletlon per plane and spedtiealbre. GPndirlofAppraisal: This appraisal is ride witbout special conditions or instructions. MILS-appraisal is made for current rrrasket Value. The sketch is a guide and not a survey Final Reconciliation: The market data aooroach is considered the best indicator of value due to the - ualitY of the sales data reviewed. The costa roach rts the final value. 4# _ '( The Purpose of des e ppreWl is b estimate ale market wore of der real properly That b the subject of tlsa report, basad on the °bow condkbna end the ceNticatlon contingent mndllbna,soFATET�°be iib at are shied 'the aaedled Freddie Mac Form 439/Fatima Moo Form 10068(Revised tl^Wnl anti IImINrp T(WE)E' F�E ET LUE,ASDEFINED,OFTHEREALPROPERTYTHATISTHESUBJECTOFTHISREPORT,ASOF ) (WHICHISAT 0 N• E 11�N AND THE EFFECTIVE DATE OFTHIS REPORT) BEE 1,800.000 T APPRAISE ' slonamre SUPERVISORY APPRAISER(ONLY IF REQUIRED): signature N{ Name D St - ifledD Did Db No'. Name ::< Data Report slpSignedSeptenber 26,X31 Date R°Pon salertedInspect Property state Codification aNYS MA # 46000022831 sat°j�)y able CemRcauon a Or sme IJceme a e� 2/13 state state ,00*Mac Form 70 6.93 NY O Sbb Ila — St I •TOTAL"epprac al software by a to model, no. 1.1100-AIAMODE Fannia Mae Form 1004 6.93 PAGE 2 OF 0 The date of valuation is 9/15/11 - the date of inspection. The purpose is to provide a current real estate valuation for estate planning. The user/clients are Ellen Emery and Richard F. Lark, Esq. The subject's vacant lot value was established after a review of unimproved waterfront lots sold in the township of Southold. Due to the lack of similar bayfront lots sold in the past three years a review was made of all waterfront lots sold on creeks, soundfront, etc. The value range was from $ 800,000. to $ 1,500,000. APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that: 1. 1 have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate to the subject property for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction to those items of significant variation. If a significant item in a comparable property is superior to, or more favorable than, the subject property, I have made a negative adjustment to reduce the adjusted sales price of the comparable and, if a significant item in a comparable property is inferior to, or less favorable than the subject property, I have made a positive adjustment to increase the adjusted sales price of the comparable. 2. 1 have taken into consideration the factors that have an Impact on value in my development of the estimate of market value in the appraisal report. I have not knowingly withheld any significant information from the appraisal report and I believe, to the best of my knowledge, that all statements and information In the appraisal report are true and correct. 3. 1 stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the contingent and limiting conditions specified in this form. 4. 1 have no present or prospective interest in the property that is the subject of this report, and I have no present or prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysis and/or the estimate of market value in the appraisal report on the race, color, religion, sex, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property. 5. 1 have no present or contemplated future interest in the subject property, and neither my current or future employment nor my compensation for performing this appraisal is contingent on the appraised value of the property. 6. 1 was not required to report a predetermined value or direction in value that favors the cause of the client or any related party, the amount of the value estimate, the attainment of a specific result, or the occurrence of a subsequent event in order to receive my compensation and/or employment for performing the appraisal. I did not base the appraisal report on a requested minimum valuation, a specific valuation, or the need to approve a specific mortgage loan. 7. 1 performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as of the effective date of this appraisal, with the exception of the departure provision of those Standards, which does not apply. I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value and the estimate I developed is consistent with the marketing time noted in the neighborhood section of this report, unless I have otherwise stated in the reconciliation section. 8. 1 have personally inspected the interior and exterior areas of the subject property and the exterior of all properties listed as comparables in the appraisal report. I further certify that I have noted any apparent or known adverse conditions in the subject improvements, on the subject site, or on any site within the immediate vicinity of the subject property of which I am aware and have made adjustments for these adverse conditions in my analysis of the property value to the extent that I had market evidence to support them. I have also commented about the effect of the adverse conditions on the marketability of the subject property. 9. 1 personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. If I relied on significant professional assistance from any individual or individuals in the performance of the appraisal or the preparation of the appraisal report, I have named such individual(s) and disclosed the specific tasks performed by them in the reconciliation section of this appraisal report. I certify that any individual so named is qualified to perform the tasks. I have not authorized anyone to make a change to any item in the report; therefore, if an unauthorized change is made to the appraisal report, I will take no responsibility for it. SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraisal report, he or she certifies and agrees that: I directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the statements and conclusions of the appraiser, agree to be bound by the appraiser's certifications numbered 4 through 7 above, and am taking full responsibility for the appraisal and the appraisal report. ADDRESS OFPROPERRAISED: 5925 NaS$au 1?oint Road Qltc�tle NY 11935 APPRAISER: SUPERVISORY APPRAISER (only If required): Signature: Signature: Name: - i - Name: Date Signed: SeLpt, 28, 2011 Date Signed: State Certification a: p]Y�A__#__46000022831 _ State Certification x: or State License #: ex , 2 13__ or State License>t: State: NY — State: Expiration Date of Certification or License: NY _ Expiration Date of Gertification or License: C Did Did Not Inspect Property Fretldia Mac Farts 439 6.93 Famle Mao Forth 1004B 6.93 '70TAL"appraisal soMxare d by a Is mo ,Inc. 1d00.ALAMppE Page 2 or 2 DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised, and each acting in what he considers his own best interest; (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash in U. S. dollars or in terms of financial arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions' granted by anyone associated with the sale. Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraisers judgment. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraisers certification that appears in the appraisal report is subject to the following conditions: 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it. The appraiser assumes that the title is good and marketable and, therefore, will not render any opinions about the title. The property is appraised on the basis of it being under responsible ownership. 2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is included only to assist the reader of the report in visualizing the property and understanding the appraisers determination of its size. 3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination. 4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand. 5. The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements at their contributory value. These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid if they are so used. 6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence of hazardous wastes, toxic substances, etc.) observed during the Inspection of the subject property or that he or she became aware of during the normal research involved in performing the appraisal. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the presence of hazardous wastes, toxic substances, etc.) that would make the property more or less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied, regarding the condition of the property. The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards, the appraisal report must not be considered as an environmental assessment of the property. 7. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such items that were furnished by other parties. 8. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice. 9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, or alterations on the assumption that completion of the improvements will be performed in a workmanlike manner. 10. The appraiser must provide his or her prior written consent before the lender/client specified in the appraisal report can distribute the appraisal report (including conclusions about the property value, the appraisers identity and professional designations, and references to any professional appraisal organizations or the firm with which the appraiser is associated) to anyone other than the borrower; the mortgagee or its successors and assigns; the mortgage insurer; consultants; professional appraisal organizations; any state or federally approved financial institution; or any department, agency, or instrumentality of the United States or any state or the District of Columbia; except that the lender/client may distribute the property description section of the report only to data collection or reporting service(s) without having to obtain the appraisers prior written consent. The appraisers written consent and approval must also be obtained before the appraisal can be conveyed by anyone to the public through advertising, public relations, news, sales, or other media. FMG 10 Mac Fom,439 9.93 Fannie Mae Form tomB s.93 'TOTAL"apprebal ft"re by a le moxa,Inc. "N-ALAMODE Pepe 1 of 2 ionotograph Addendum Bonoeer Ellen Emery - owner Ropedypddre 5925 Nassau Pt. Road __ Gamy Suffolk stem New York ZLp Cade 11935 tnndedaent Richard F. Lark, Esq_ Lendeespdd�Main Road, Cutchogue, NY 11935 /wpsesAndrew D. Stype AppdserspddmesPO Box 63, Matti tuck, NY 11952 Comparable 1 375 Beechwood Rd. Cutchogue SCTM 1000-116-4-25 2 story bayfront dwelling B-4-3 .7 acre Comparable 2 7825 Nassau Pt. Road Cutchogue SCTM 1000-118-4-6 2 story bayfront dwelling 6-3-3 1 acre 11 Comparable 3 9 7725 Nassau Pt. Road Cutchogue SCTM 1000-118-4-5 ranch bayfront dwelling 8-4-2 1 acre rnozograpn addendum Bono Ellen Emery - owner PmPMy Address 5925 Nasaau pt. Road ay Cutchogue Conry Suffolk Stas New York Umdm/(lent Richard E. Lark, Es zv C3ds 11935 4• UmdWsAddrdu Main Road, Cutchogue, NY 11935 App t Andrew D, stype Apptdeers Address PO Box 63 Matti tuck, NY 11952 i TM Subject Front i Subject Rear Subject Street + aaM s t� M�ly]yc k FZ } t ' r ■1v16vy■4MPII NYYCnaum Boeower Ellen Emery - owner R�Ad& 5925 Nassau Pt. Road _ aty cutcho e _ Canty Suffolk Stab New York LP Cade_11935 endenCmm Richard F. Lark, Esq. tendarsAddrese Main Road, Cutahoque, NY 11935 Appeiwr Andrew D. StypeApprelsWsAddne PO Box 63, Mattituck, NY 11952 .s., a F� Subject �� , svk 4Bw Beachfront . 6 ✓ I�WLi ,a Subject h Beachfront Subject TPaterview x ye�, y P 4 iu M1�' rnotograpn Addendum Bmoaer Ellen Emery - owner Hap Andras 5925 Nassau P_t. Road Clry Cutchogue Caunry Suffolk Slate New York Tip old; 11935 - i-endedckm Richard F. Lark, Eeq. __ _ LvWWspddre Main Road, Cutchogue, NY 11935 nppeiserAndrew D. Stype__ Appeaefsadd.ssPO Box 63, Mattituck, NY 11952 � Y 3 H. eip y jAr r. } ,i Subject „ Den a S jaFO Y '`�' ;, • F Subject Steps 6 Deck �.Al `nrW✓i +t - r.. Subject Top of Sluff xc... w 4 ✓y �l rr0" r ti r rnuzugrapn maaenaum Bwm Ellen Emery - owner P; Addrs 5925 Nassau Pt. Road -- — Qd Cutchoaue --- __ stStowNew York hp Suffolk code 11935 Le�aenClentRichard F. Lark, Esq. un sAddmssMain Road, Cutchoque, NY 11935 Appreiser Andrew D. Stype AWSSWSAddre PO Box 63, Mattituck, NY 11952 Subject Bedroom - typical a: �u ij u Subject 't Bathroom - typical f. zi Subject Basement �i M. rnvzvyrapn Naaenaum ftEllen Emery - owner Roaerrynddrew 5925 Nassau Pt. Road -- ary Cutchogue _ County Suffolk stem New York zmc«m 11935 �danaemRichard F. Lark, Esq. LendeesndthmKain Road, Cutchoque, NY 11935 Appraise Andrew D. Stype __ npyesersnddTss BO Box 63, Mattituck, NY 11952 Subject w Kitchen X44 p r " ^4c. c7 t � 4t y.. Subject VCsa s x: '� i��,gyp .rt ..� i � > .?�''�� , • Living Room Li �. ink, f. i "p Subject '-7 Dining Room Ft!^. rs ��t /yGRFAI IA 3 < PIFQ 3mt fp`oeg a �f}Y9 e� OX TTT it P (vu 2 �/ ^pU 6iAS}�t.NM 1 NECK PU \ o A CUTCH v C� 4t Coity E 1 o P � � HOG NECK B A Y eni o J °s eon SES y Xa tfuM�CT w. ['aaG F g v a NF>Cif a " CnPINM16Tq.� � � FI I„ NAss,►u LITT Moroi Wunntwtla - ,} a and i } f f 11 -- NassauPoin$ f E 1 L L I T T L: E ®Ntpclrom MaP Cgmpany.Nie: � 40 41 72 FOR ADJOINING AREA SEE MAP NO 30 .._1 p i e y i 1 v6 fiR 1.61Atc1 11 2 I 6 6 O M 4 v nm 4 16 IJ11d � ^ x "w T + 6 5 4 r 1.r11ci L9 i 11 y e» 11 x.J •a„ M: 8 L2AId 4 � ++ 1.6AIc1 M ,yn M y ne M � tPL WA+A IJ— 16 .w' i� 2911c1�i� IS 3 :vv m.11 G 2 R -I.IAIe1,Rx d^ Iy / e°, aw 4 Y3\\J SO Y i N mn to +fi .y x9 ,4 � +9 ZO AMcIAllY loMcl 1 �\S a L211c1 +1- i / xe. x �, to :•» 11 I / 1 i x Me ----------� p 1.61111' .r. Y h\.J ig •� 26.1 �� �i � .� •iA ' .R ;Z\ +' +2 y 6 ,r a 1fAlcs Ids i / / y •* m 2 Y 28.2 ..e lm:-- R ^ +A ' ✓° ++.+ 2t .s @ I M / I.3 5 uR Oi 4 @ 19 v f 11'2 2R 1 i 2.oMd 1 n e c » . t 12 17 o �Lriml t zt I •x w / f' $ •+c d \ Innl m`• xzt es p / s\ _ B •o :»1 .»: � fix» x» :^ :J z1 + \ x. .� _ .m x1 »w•o 5 1.111c1 8 BAY +°\°; Lulcl \ p9 •• e , o� IAamt ^ . °Lona 12I 18� x lMlAAA c1» i y t - 311' a I i � 6 ' Re Y I e'R 8 0+ / 62 sd /36.6 • fi 8.+ 101e ,» 5b 29 13AL0 W s? Y 6R R• a IJua ]0 n 1 12.OAICI A » 6 14 Z 2 —� M ry Jf 1.4 15 A.1 + ewe•+" i WEWETA @ 2.fiMcl t.t0te�a +o "? R C VIV11 SEEE SEC.W. PoND . 36.8 „W ++ SC 2.IA O•BO MATCH EAE Ls s Lae <•D, +y L6 qS. � l.Jua A x 3, • --.-- AALE. �A.x OIKROISE, •„ �k.^ NOTICE COUNTY OF SUFFOLK © K laxa SOUTHOLD SECTION No ,» x ARE lxE (RloRixc A ms,Rl[Ls. - uxoY A sE•1. MAM1ENANEE,ALTERAtMSALE OR Red Property Tax Service Agency r k,Lw —xsr-- M ss .A"._—. IrslRPsul6M a ANT PORTON a t,E Cotx ty Center RNerbeack N Y 11901 °' u� xuArc 111 --!—- WO,l aA.1y W MAP IS PPppAiEe N Rr,rs[_ SCALE M iEF1: nre,lxe ,.—- .xB'AAx[[ II,StFAA,FP All, WIN PER gOlaAS. l w ,y 0 M A RFM VVWEPIV ILY SEPVIEE A[E,.Cv, P 661RIC'Iq 1000 PROPERTY MAP ffM'Ek51tM OFip yc n,vx e'�I^ �y h 1. !,1 r � � f J a I ;Lr" r _ r _ I �—�r �i�' ,I�� ,� ry�. ..__�L__ _i •..:.., i1, ...��\i ��: " t'r`� 1 � ,.<. r ���\ J �lm\1���t,(/ � \� � �•� lv—Itl"=1��T�. 1� �1 ` 000 \\\ _ /7 r � � � �. ��/3 \ � � �•-tel' N s ° v ,-1 I ' _ \ m I ,{gym S ✓ r I n T P d a n ..d r r � s u X est"" • Y' _ a� Y jr subj Ile 1� ✓ 5 r 2 r .^5 T✓ _. st L # .'+-d f; 01, R x } �,.M911 :e'g' ll. �9C�� 9 ,x,6 Y �x� �r y„f•- • � ,pv Mf' f!"'i'. .ab�.G'" .ct� X � '�J1. SKETCH/AREA TABLE ADDENDUM Ca. tl 2UN1 Fik No 211181 property Atl. '.N28 N4aaau Pt m C8y Cutah"m County SuBblk S,ae N.w York Dp 11&18 epnoner Emory-owns La Ghent RkM1rd F,tzh.E. UC Ab,e.4 "n Ro Cutcl q8 ,NY 1,925 APpreuar Name M@max Stype Ater gtlNeu pp Bn.e2,MMYWeX.HY 11852 --_ _ 54 Bedroom Living Room Bedroom 00 CV do Dining Den N Bedroom Kitchen Bath Bath 65' Subject Dwelling sae: +•+s �� AREA CALCULATIONS SUMMARY LIVING AREA BREAKDOWN Cob t3..cAPbn etre Ta w Br.atWown Seb,oW. aWl Firat nao[ 1754 1754 Firs 11. 6 z 54 324 I I � I III TOTAL LIVABLE (rounded) 1754 2 Areas Total(munded) 1754 4444 w..a..a .meomwww.mrwe. wnw..,.. /,3 - i� TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET' VILLAGE DISTRICT SUB. LOT - tlen F. Em-ery 7, / i rX .�• an, as : Jv D r n r Ik o cI d (SGL t f X FORMER OWNER N E ACREAGE 32 5 -ps S W TYPE OF BUILDING J aZ ahl-Ar RES,�/U SEAS. VL. FARM COMM. IND. CB. MIS C. LAND IMP. TOTAL DATE REMARKS 9 SC /a/ odd UfirQ,f k.t 4o o) / �OIJ ��Cr ��o�" // � 6�°f'a/i/ �er y��.2,9d 00- 4+�a' n2�2�(v1�rr�s�t1 11. �C, �rMzr•y (r _ i i £37- Hh5bu�lcf c��c�a c 4�s,�c - r� - e:34H)lC (e'�-�er . i 10 q' -L I t - 4a4io Erner 1 AGE BUILDING CONDITION f ly j_ La\t98GIn9l`! - tTYus�e- I NEW NORMAL BELOW ABOVE /��q _ L Iaa-jl0 - 'fD D, arS�ets -it�C Farm Acre Value Per Acre _Value Y/- / Tillable 1 Tillable 2 Tilloble, 3 --- -- - - Wcodland Swampland Brushland House Plot Tctal IY, t � �- � ■■■■■■■■■■■cam■■■■■ ■■■■■■■■I■■ wr�6a■a■■ M. Bldg. Foundation Bath II Extension Basement- ® Floors Extension �At- Walls Interior Finish Extension Fire Place Heat X—f/ t AtticGarage IL- Driveway � Porch Rooms Ist Floor Breezeway Patio Rooms 2nd Floor r Nn-rusKeports Prepared by Andrew Stype Andrew Stype Reatty Inc 9/7120119:43:"AM Parcel ID: S1000-111-00-13-00-006-000 Property Address 5925 Nassau Point Rd Carrier Rte:R001 Cutchogue,NY 11935-2778 Census Tract: 1700022023 Photo Loc:Southold Town DisMd: 10DO Block: 1300 Tax Unit Sedion:11100 Lot: 8000 Not Additional Lot:N Owner Info: Do Not Call:Y Mailing Opt Out: Owner. Non Owner Occupied:Y Owner Mailing Address: Available Company:Emery Ellen F 121 Somerset Ave Cartier Rte:C032 Own PIM: Garden City,NY 11530-1348 Ownership:Trust Taxes Assessments Lot Description Tax Class:473812 Land Value:$2,700 Acres:0.83 Imp Value:$8,100 Lot Square Footage:38154 Taxes:$10,310 Total Value:$8,800 Lot Frontage Feet:0 Tax Year.10 Assessment Update Date:10/13/2010 Lot Depth:0 Exemption:N Data Update Date:4/3/2008 Market Total Value:$830,189 Schools SDiii Mantic k State School Code:473812 Property Characteristics Property Class: 210-Single Family Residence Style: Land Use: Single Fam Stories:0 Year Bulk: Property Indic:Single Family Residence/Townhouse Baths Total: Ext walls: Garage: Park: Fuel: Pool: Ground Floor Sgft: Univ Bldg Sglt:0 Sewer: water: Deed Info: Deed Date: Sold Price: Mortgage Recording Date: Deed Recording Date: 11/19/1988 Grantor. Mortgage Amount: Deed Book/Page: 10172/231 Lender. Mufti APN: Sales Deed Catag: Grant Deed 2nd Milli: Indorrrlatkin supphed by third paNes and not by Multiple Listing Service of Long Island.1m. Information Copyright 2011,Mdople Listing Service of Lang Istanq Inc. http:/Avww.mlsstratus.com/PublieRecordsFA/Rpt_yull—Photo—P.asp 9/7/2011 yL i SIL U L CONSULT YOUR LAWYFA SWORE aION1000�Twat Wt/TR}UME r-TLai WBTRUMENT SWKRD BE UBED BY LAWYERS ONLY THIS INDENTURE, made tha ffAlday of nineteen hundred and ninety-nine. BETWEEN ELLEN F. XNMT, residing at 121 Somerset Avenue, Garden City, New York 11530, party of the first put, and ELLEN F. EMERY, residing at 121 Somerset Avenue, Garden City, New York 11530, and US= J. E11fl8NIW, residing at 170 Brixton Road, Garden City, New York 11530, as Trustees of the Ellen T. Emery 1999 Revocable Trust under agreement dated June 3, 1999, Perry of the second pan, . WITNESSETH, that the party of the flru put, In consideration of Tan Dollars and other valuable consideration paid by the party of the second pan,does hereby graft and release unto the party of the second pan, the heirs or su cessots and assigns of the party of the second pan forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected,situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of w York, known and designated as the lot number 41 on a certain map entitled "Map of Proposed Subdivision Section A, Nassau Point Club Properties Inc. , :situated on Nassau Point, Suffolk County, New York, surveyed by Wallace H. Halsey, C.E. , Southampton, New York June 1919" and filed in the Office of the Clark of Suffolk County on 10-4-19 as map No. 745, said lot also shown on "Amended Map A, Nassau Point", filed in the office of the Clerk of Suffolk County on 8-16-22 as Map No. 156, and which lot is more particularly bounded and described as follows: BEGINNING at a monument on the easterly side of Nassau Point Road where the same is intersected by the division line between lots 40 and 41 as Shown on the above mentioned maps; running thence North 78 degrees 36 minutes 20 Seconds East along the said division line and passing through another monument a distance of 359.16 feet to the ordinary high water mark Of Little Peconic Say; running thence southerly along said ordinary high water mark of Little Peconic Say as measured by a tie line course and distance South 9 degrees 00 minutes 40 seconds East 100.00 feet to the division line between late 41 and 42 as shown on the above mentioned map; running thence South 78 degrees through another monument a distance of :560.00 feet to a monument on the easterly, side of Nassau Point Road; ;sunning thence northerly along the easterly aide of NASSAU Point Road to 1-he division line between lots 40 and 41 as shown on the above maps and li monument set at the point of place of beginning as measured by a tie kine course and distance North 8 degrees 31 minutes 40 seconda West 100.04 feet. ai.ersat, SAID premises being and intended to be the same loco party of the first art b Premises coneyed to 6.etleta, P (i) a deed dated January 10, 1996 and recorded on February 15, 1996 in liber of deeds 11762 at page 419 in atoa112 the Suffolk County Clerks Office, as to an undivided one-half (112) Lot: a interest in the gra fees, and (11) a deed dated June 3, 1999 and record d on 5_p�TJ_�'� , 1999 in liber of deeds & at page in e u 0 County Clerk'rest in thes Office, as to e -other NOWpromises nbairg lknown as and located at 5925 Nassau remiPoint Road, Cut New York. cifoque, TOGETHER with All d#hL title and interest. If any, of the party of the first part in and to any streets and roads abutting the above described promises to the center linea thateof TOGETHER with the appurtenances and all the estste 0 ngh IN9f tl�,p"Aj the-f raLP1G )n and to SAW premises;TO HAVE AND TO HOLD the premises fsrevie�rgnail `��thetparty,o y� c jecond pan,the heirs or suecessare and assigns of the parry of the second pan AND the party of the fine-lis-covemmis that the party of the fust pen has not done of suffered anything whereby the said premises have been encumbered In any way whatever.except as aforesaid. AND rile party of the feat part,in compllaoce with Section I S of the Lien Law,covenants that the party of the first put will receive ria consideration for this convey%=And will hold the right W receive such conslderadon u a trust Amd to be applied first for the purpose of pparyying the cost of the improvamom and will apply the same first to the payment of the sou of the Improvement before using any pan of the total of the sane for any other purpose, The word"party"shall be construed as if it read"parties"whenever the sense of this indenture th roquires. IN WITNESS WHEREOF,the party of the fico pan has duly executed this deed the day and year first above written. IN vasaENCE OF; E:LLHN F.CMERY STATE OF NEW YORK.COUNTY of A JAM5771JY: STATE OF NEW Yana.COUNTY OF as: On the3RDday or June 1999 before me On the personally came Ellen F. Emery day of 19 before me personally came to me known to be the individuals described in and who to me known to be the individual described in an who executed the foregoing instrument,and acknowledged that executed the foregoing nstrumen and acknowledged that she executed the same. m'e80 st 4 g �4 executed the same. Notary Public NOW TSEUM ROtART PURM SFATE OF NEW V= GUNIFIED IN WSW cmia CSEttQ N" ot:'toam Il l AM V STATE OF NEW YORK.COUNTY OF Y: STATE OF NEW YORK,COUNTY OF Y: On the day of 19 ,before me On the day of Personally come 19 ,before me personally came to me known,who,being by me duly sworn,did dipose,an the subscribing witness to the fort: say that he rrddes at No. g going'instrument by me with whom 1 am personalty acquainted,who,being by me duly that he is the sworn,did depose end soy the he resides at No. of -thethat he knows in and which executed the fo eg cog instrument; nt;thaod knows the seal of said c agoing iatWmenr riot he to be the individual corporation;that the scat affixed described in and who executed the foregoing negoing to said instrument Is such corporate seal;that it was so saw that be,said subscribing witness,was Present and affixed by order of the board of directors of said tion,and the he singed h name thereto by like Corpora- execute at the same time subscribed same;anemic that wkitrsaid witness, t thereto Bargain and Sale Deed SSCnON WrrH COVENANT AOAIN.4T GRANTORS ACs111 BLOCK 13 LOT 6 ELLEN F. EMERY COUNTY OR TOWN Suffolk TO RETURN BY MAIL TO: ELLEN F. EMERY and MARK J. BROSPiAN, as Trustees of Mark J. Brosnan, fisq. the Ellen F. Eme Brosnan & Hagler ry Revocable Trust: 1415 Kellum Place '. Suite 203 Garden city, New York 11530 11111111 lul IIII UNl lilll illli VIII Nill IIIN IIII IIII I IUIII lill IIIN ISI IIN SUFFOLK COUNTY CLERIC RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Recorded: 03/30/2004 Number of Pages: 3 At: 01.28s41 PN Receipt Number s 04-0035774 TRANSFER TAX NMER: 03-36232 LIBER: D00012310 ELLEN F BNERY PAGE: 600 ELLEN F EMERY 1999 REVOCABLE TRUST Districts Section: Blocks Lots 1000 111.00 13.00 006.000 EXAMINED AND CNA=zD AS FOLLOWS Deed Amounts Received the Following yoga par Above Instrument Rxempt Ex Page/Filing $9.00 NO Handling $5.00 NOempt COE $5.00 NO NYS SRC80 SA- $15.00 NO $5.00 NO 8A-STATS $50.00 NO TP-584 $5.00 NO Cert.Copies $0.00 NO RPT $30.00 NO SCTN $000 NO Tranefes . tax $0.00 NO Comm.Prom $0.00 NO TRANSFER TAY NDNBERt 03-36232 Fees Paid $124.00 THIS PAQE IS A PART OF THE INSTRUMENT TRIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County 12 Number of pages 3 RECORDED T43RRENS 2044 Mar. 30 OIr28t41 PM Eduard P.Roaaine Serisl M_ CLEW OF SUFFOLK COLINTY Ceniftcate n_ L D00012310 P 600 Prior Ctr.N_ DTM 03-36232 Peed/Mange, Intwment Dead/Mortgage Tax Stamp Recoitling/Filing Stamps FEES Page/Filing Fee Handling —_ Mortgage Amt. _ 1.Matic Tax ' TP-384 2.Addition]Tax Notation Sub Total _ FA-52 17(County) Sub Total SpttJAull. rA-3217(State) Or Spec./Add. _ R.P.TS.& __ TOT.MTC.TAX Comm.of Ed t Qom_ t,,,, Duel Town Dual County_ Held for Apportiopmenl Affidavit • ♦ Transfer Tax _ Certified Copy Mansion Tax '17te property cuvenxl by this mongege hh or Reg.Copy will be Improved by a one or two family other Sub Total dwelling only. YES or NO GRAND TOTAL If NO,see appropriate tax clause on page M olthis instrument. 1 Real Property TaxServieeA Verification 6 Community Preservation Fund X011194 1000 11100 1300 006000 Consideration Amount S Stomp CPP Tax Due S DnA�° Impwved Initials - Vacant Land 7 Satisfactions/Discharges/Ralaaxa List Property owners Mailing Add rm RECORD&RETURN TO: TD TD PTD /-//ff r/Um Title Company Information CO. Name IsritleN Suffolounty Recording & Endorsement Pa e This Mile f0MIS plat of the attachW (SPECIFY TYPE OrINMRUMEM') made by: the pltntmaes herein is sittteted in SUl TOLK COUNTY,NCW YORK. ro In the To%w"ip of� a n In the VILLAGE or HAMLIii or 130)i1sS 5111RU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (OVER) rLtAJC I yrt Un rnrbJ MMLy VVHtIV WHI IINU UN I UHM INSTRUCTIONS: http://fWww.orps.Stete.ny.US or PHONE (518) 473.7222 FDR COUNTY USE ONLY �1 �{ LPROPERTY nda I I I �I`� C�. l� REAL PROPERTY TRANSFER REPORT (/ STATE OF NEW YORK Deed Recorded I / /G 7J STATE BOARD OF REAL PROPERTY }} any Y.. T �j SERVICES J //� CI.Paye 6'c y I RP 5217 ORMATION ar-un aw m t'iroarn,L_ �7'z� I Nassau Point Road M "aA d[IIEFiNWE L_Cutchogue111935 2.Buyer E�IIe Name �.¢ xmF/�ORf Axv — IElT.1lan F I i I Brosnan im-NAN[rcowrAxv -- I Mark J. 3.Tax Indicate whero lulus Tex Hill'I's m be sem ----�� billing it Otha than buyer address let letter,.1 le/ml . ;0e I� Addreu lA 4!""In r Ra Aso ---.I 6II1E[ xyM¢Ee ANO R—so � IAI 1 I .S Pen of a Perul A.In Clwte the number of AV eaEaere., 1iu,a �T1 I v wo Rall parc,N tntufened on the tlyd I__i_ufy N of Punh OR ❑ IONY K put d a Parnell Mack es they apply; IA S.Deed Planning(bard wrh E-Whoe,c n Authority F.fe Property —_ 1 cf FB•Subdi'"¢ipn Approwl esu R uh d IPr Transfer SI2e non rem J R e'prM --J DR ,sem. O_-_L , �( IC.Pemel D ¢s Approved les SubdMslon with M¢ Provided p.Sailor L_�+fr1e1-V Nem, e F N , 7.Chesk the box hdow whit,mast swuretely dasadbe,the ush d the property at the time of"s, Chesk the boxes below y they,PPIV' A ne Family nnidandal e.OwyraNP TYPa la CntMnminlum E Apricullural 1 Community Serv1u S.New Conetruwion on Vacant land B 2 or 3 Fa miry gaeidentiel F Commercial C ge¢Iden[ial Vaunt lentl I Indudria GA.Properly Located within an ❑ G APerbn,nt K PublW$ervin AOritRdmrM Dlvdel U NmAyidami.l Varum Lend H Ennnalnmmt/Amu.ement 100.Buys reutyetl a Oiclwun notice indieaunp SALE INFORMATION L Ferahrt that the pnnrry Ia n In Apricallunl Diprict 11.Sete C..11 R 131. I '1. 7 'i 10.Chwk on,o[mon al shay eonydons as aPPll®We to vanelpr m `• y —�Y.w A bele Batwyn Ralulves or Former R IROv.s /', R Saa ::..an RNatad Compeniu or Panner"in Suaioesa t2.Deb-1 Sale/ rlmefw �(./ t. One Df rat Buten b dao•Salle, �— y+—.Z D B l_J uyer er 6Bller is Gwemment Agency or Landing Inow"Oo Bad TVPe not Warranty or Emil and Sale ISpaelfy Below, � II F SeI.Of Fractional a Lay than Fee Intuatt Specify Bei., 13,Full Sale Ince R D N U /✓, I O Spnificchange in Pmanl Imo--' t»[Iy Between Taxable States and Sale Dates 1FWI Sale Prlce:a the total Io H Sda d Bwlnya is Meluded in bele Price This Ds Tent mei Wnt paid for the orop.ny Including PNFonal Dropony. 1 Olher Dnueml F.ctoro AlleulrRt S,le Plicu ISpedN BRIOWI Y /be In IDC loan of usn,Ooh-Proyny or good.,w the esaemption of mortpagen or Othnr obllpallone.) Please round m the nearest whdn dol4/amoom one ll.I'M,I'-the veW-of pwaonal Pnparty NduGtd In the este ASSESSMENT INFORMATION3 DRG Should roflect the Gteat Flnel Aesae,ment Rob end Tax Bilf ^ M year of Asaeese am,RON from 9 whkh hdOrmatio,taken L��J 17.Total Ase xxe V,Nx Is,an pa es.In vended I� �+J �1 /1 �t/� c7(�t — 1 Ill PropartY cf." IL ( 'Q �L/J IB.Scnaol OMdw Nama L /2 1`f I�jc h `d I 29.Tex Map WeloW r.l/Roll WaneMrlq In more Linn four,attach Mast with addltlmral kWeORuls11 t Dist: 1200; Section: 111; Block: 13 L I Lot: 6 CERTIFICATION I Mr W y that o0 d IBE Ituva d Wfartmtlm enGead oo Ihls form Rn CVe am mnen J of any wWfd W""I'm s of muedd ran herein MB etlbjW BK G Sea pro'deeea of'he best 14 my RdWknoWNSe pod beWq esti I BMetntertd ehd the maWeg n BUYER rtLtlN fo LEa and II ry or fWe m ImRamy, BUYER'S R'S A ATTORNEY Brosnan Mark J. nae,MAME Nam-ant Road n^rt+NMNeen ,nm wMF urtFn cuAi ----.— 516 739-1462 °E nurwryFNwneen .'Al m uxa ,_ SELLER HNEWYORK STATgq PY FLOOD MAP INFORMATION SHOULD BE VERIFIED BY FEMA.GOV Subject: 5925 NASSAU POINT RD Suffolk, NY Community: Southold (0813) Map Number: 36103C0164G �ey Map Date: 5/4/1998 Map Index: 36103CIND1, 36103CIND2 0 " T.' aFP The subject property 5925 NASSAU ¢f POINT RD appears to be within 500-ft of a flood hazard. Flood hazard certification is � recommended. le Peatc Bay POC Rd it t 7D Flood Map Legend d x. -3 �,. Zone V Zone VE a i -r < Zone A A* Zone AE d Zone AO at Zone } Zone AOVEL 1�a Zone AH Zone A99 Zone D ' `� Zone AR Bridge Ln a, = Zone X500 Zone X Zone 100IC Zone 500IC ,` +. ;;�'S" {•. Zone FWIC Zone FPQ Zone IN Zone OUT Zone ANI Zone UNE jl Copyright © 2000-2004 COMPS INC. WIN :4�' FNa, �.a{,g-r�a r�""� �• �� Y ,e c "w K�t �+�: 3rr n; s"'° �x r " s < . .I �� w�'" '•,5X,1 r s��� ul � !- `ala �� r\ I � �•��� � ,,'1 r - � 6 yy[ N I • 1 � 1` �F N .. ary tiZs- nn v s xl ' d x It '"_ �� - � i� �G� " `� � � ice.' �� •" �� '�,r ''�xe r�s�v e+; �''� �a�'"fi� °' 3r✓„T,.S F a,ry ro ". �i�s'9 a � 4� C'y'�riu`' er,.'",F�''.� - '€' e 1 "± �` ry 2r r h A z�rx has✓ -cX�ay f :A. 'hs 's n. '34 ♦ b�. �, � � m X CERTIFICATION BY THE APPRAISER I hereby certify that I have personally inspected the property that is the subject of this appraisal report. That to the best of my knowledge and belief,the statements contained in the appraisal herein set forth are true and the information upon which the opinions expressed therein are based is correct; subject to the limiting conditions therein set forth. The reported analyses, opinions and conclusions are limited only to the reported assumptions and limiting conditions and are my personal, unbiased professional analyses, opinions and conclusions. I have no present or prospective interest in the property that is the subject of this appraisal report, and I have no personal interest or bias with respect to the parties involved. My compensation is not contingent on an action or event resulting from the analyses, opinions or conclusions in, or the use of,this report. My analyses, opinions and conclusions were developed, and this report has been prepared, in connection with the standards and reporting requirements of the Appraisal Foundation,New York State and the Uniform Standards of Professional Appraisal Practice. As of the date of this report, I have completed the continuing education requirement of New York State Division of Licensing Services. QUALIFICATIONS OF THE APPRAISER I, Andrew D. Stype,NYS Certified General Appraiser#46000022831, age 62, certify that I have been in the appraisal business for fair market value since 1971. Since that time I have completed over 3,000 written, certified real estate appraisals for residential properties, farm properties, lots, and business properties. I am currently the president of Andrew Stype Realty Inc. (formed in 1998) formerly Stype Brothers Real Estate, Inc. and I have been in this position since 1983. The business was purchased from my father, Val W. Stype, who had started the real estate and appraisal business back in 1964. 1 have personally engaged in the purchase and sale of real estate on the east end of Long Island for investment. This experience has helped me to determine market value. Currently, Andrew Stype Realty Inc. is an active sales office involved in the sale of all types of residential properties, farm properties, vacant land and commercial property. We maintain a full-time sales office,and in addition, offer consultation and management services. Currently our office covers Calverton to Orient for sales and the towns of Southold, Riverhead, Brookhaven, Southampton, East Hampton and Shelter Island for appraisals. QUALIFICATIONS—continued New York State Licenses, Designations, Memberships • New York State Certified Real Estate General Appraiser since 2/6/95. • Identification #46000022831. New York State Certified Residential Real Estate Appraiser since 12/2/91. • License#0691. • Member Columbia Society of Real Estate Appraisers • Member of the New York State Association of Real Estate Appraisers • Member of the Suffolk County Board of Realtors • Member of the Hampton and North Fork Board of Realtors • Designated Approved Appraiser by Suffolk County Real Estate Department • Licensed Real Estate Broker 1980 • Licensed Insurance Broker 1972 • Licensed Real Estate Salesperson since 1971 • Past Board of Director Eastern Suffolk Board of Realtors • Past Board of Director Suffolk County Board of Realtors • Designated Approved Appraiser Town of Southold QUALIFICATIONS —continued—Education • Successfully Completed Art of the Addenda 11/17/08 • Successfully Completed Appraisal Trends 11/22/08 • Successfully Completed 7-Hour USPAP Update 10/17/08 • Successfully Completed FHA &VA Appraiser 10/3/08 • Successfully Completed New York Fair Housing 9/15/08 • Successfully Completed 7 Hour National USPAP Update Course 10/26/06 • Successfully Completed 5 Hour Fraud Acts Course 10/27/06 • Successfully Completed 3 Hour Ethics Course—LIBOR 12/9/04 • Successfully Completed 7 Hour National USPAP Update Course 11/17/04 • Successfully Completed Appraisal Standards of Practice and Ethics 5/2/02 • Successfully Completed Residential Real Estate Investment 3/14/02 • Successfully Completed Residential Construction Course 11/7-14/2000 • Attended Report Writing&Analysis Seminar 2/1-2/5/99 • Attended Argus Commercial Software Seminar 1/99 • Attended Discounted Cash Flow Seminar 12/97 • Successfully completed course 420 Standard of Professional Practice Part B on 5/18/96 • Successfully completed course 410 standard of Professional Practice Part a on 5/11/96 • Successfully completed G-1 Introduction to Income Property Appraising 6/4/94 • Successfully completed G-2 Principles of Income Appraising 6/11/94 • Successfully completed G-3 Applied Income Property Valuation 6/18/94 OUALIFICATIONS—continued—Education • Attended New URAR Appraisal Report Seminar- 10 hours 12/21/93 • Completed seminar income approach sponsored by Appraisal Institute 1992 • Successfully completed N.Y.S. Residential Real Estate Appraiser certification requirements December 1991 • Successfully completed SPP professional practice course November 1990 • Successfully completed Society of Real Estate Appraisers SRA course 102 October 1988 • Successfully completed Society of Real Estate Appraisers SRA course 101 February 1988 • Completed seminar in real estate sales sponsored by N.Y.S. Assoc. of Realtors 1985 • Completed seminar in real estate management sponsored by Eastern Suffolk Board of Realtors 1983 • Successfully completed Part I Appraising Real Estate at Southampton College 1981 • Successfully completed Part II Appraising Real estate at Southampton College 1982 • Successfully completed Continuing Education Course in accordance with N.Y.S. • license laws 1981 • Successfully completed Real Estate License Law Course 1979 • Graduated Burdett Business College- Degree in Accounting 1971 , r Consultation and Appraisal Work • Townships of Southold and Riverhead • New York Telephone • Richard A. Winters, Associates • Suffolk County Water Authority • The North Fork Bank&Trust Co. • Southold Savings Bank • Suffolk County National Bank • EAB • Long Island Savings Bank • Household Finance Corporation • Lenders Service, Inc. • Suffolk County Department of Real Estate • Relocation Services • Residential Mortgage Bank, Inc. • Biltmore Mortgage Corporation • Wickham, Wickham, & Bressler-Attorneys • Scheinberg, Scheps, DePetris and Depetris -Attorneys • Charles Raffe -Attorney • Caminiti& Gibbons—Attorney • Twomey, Latham, Shea&Kelly- Attorneys i • V Consultation and Appraisal Work—continued • Bridgehampton National Bank • Village of Greenport • Centerbank Mortgage Bank • Nature Conservancy • Chase Bank • Flatbush Federal Savings • Par East Mortgage • Peconic Land Trust • Pindar Vineyards • Hargrave Vineyards • Peconic Bay Vineyards • Jamesport Vineyards • Duck Walk Vineyards • Gristina Vineyards • Pugliese Vineyards • Village of Sag Harbor • Southold High School • Riverhead High School • Town of Southampton • Galluccio Estate Vineyards V, ISLAND TREE AND LANDSCAPES NOV 3 0 2011 o 61505 Main Road Southold, Ne , ;),.�rk 11971 Ned Harroun,President Telephone: (631)765-1963 NYS Certified Arborist#0178 Cell: (631)365-9673 November 25,2011 Town of Southold Board of Town Trustees 54375 Main Road Southold,NY 11971 Re: Application of Ellen F. Emery 5925 Nassau Point Road Cutchogue,New York 11935 Members of the Board of Town Trustees: If the Board will recall, at the hearing held on September 21, 2011 concerning Ellen Emery's application regarding the restoration of the bluff located on her property at 5925 Nassau Point Road, Cutchogue,New York, I was requested to submit detailed plans concerning my proposed work on the bluff. When I inspected the bluff on the Emery property in the Spring of 2011, it was and still is, in some portions, in terrible shape because it is overgrown with invasive species such as wild grapes,honeysuckle and bittersweet. These species are choking out the native species on the bluff. My plan is to remove these non-native, invasive species. Because the bluff is fairly steep and the soil is primarily a sand and clay mixture, it makes walking on the bluff face difficult to do the necessary work, so I needed the stairs and existing platform as a work station. I am enclosing detailed drawings of plans to stabilize the bluff. In all of the drawings, per the Board's request at the hearing, it is assumed that I have relocated the existing fence by moving it landward six or seven feet so that it is basically in line with the original fence that previously existed for many years on the property. I am hopeful that the attached drawings will explain what I was trying to convey to the Trustees at the hearing. r - It is my understanding that the Board requested me to do the following: (a)remove the grass turf five to seven feet landward from the top of the bluff to the point where the fence would be relocated; (b)reduce the size of the existing platform by approximately 50 percent to 32 square feet in its present location; and(c) remove the flooring on the platform and replace it with untreated lumber. There are several factors I need to bring to the attention of the Board concerning this property. From the top of the bluff going landward or westward,the Emery property slopes away from the top of the bluff. I bring this to the Board's attention because there is always a concern that fertilizing along the top of the bluff will leach over the bluff and eventually find these chemicals in the Bay. I have carefully examined the soil on this bluff as well as the existing vegetation and can assure the Board there has been no leaching at the present time. This is verified by merely examining the vegetation currently growing on the bluff. The terracing system I intend to construct will have an additional benefit of trapping any materials accidentally spilled on the top of the bluff. Further, at the bottom of the bluff,there is a 10-foot±,non-turf buffer on which there is a well-established stand of beach grass growing primarily in sand. DRAWING A is the first drawing I am submitting,which shows the present status of the area on the top of the bluff from a landward point of view. Accompanying this drawing are photographs labeled A-1 and A-2. To remove the existing turf back five to seven feet to the relocated fence and create a non-turf buffer would, in my professional opinion,be a colossal mistake. Every property situation is somewhat different and unique. The present turf buffer with an established root system that is preventing erosion has existed in the same location for many years. To show this, I am attaching photographs (A-1)taken of this area on February 27, 1996. It is obvious from looking at the photograph at the bottom of the page that the distance from the flagpole (which has never changed location)to the top of the bluff at the point of inflection is virtually in the same place as shown on the copy of the photograph(A-2)taken by the Board of Trustees some 16 years later at their inspection on September 14, 2011. The owner, Ellen Emery, informs me that her father planted Zoysia Grass plugs all along the top of the bluff in the 1970's solely for the purpose of preventing erosion. What is interesting in reviewing these photographs and physically inspecting the property is the proof that this Zoysia has prevented erosion and that the grass turf is growing seaward over the edge of the bluff from the point of inflection downward. The existing turf in this area consists primarily of Emerald Zoysia,with some Fescue and Rye,which in the rear yard of this property has worked extremely well. These grasses, especially the Zoysia due to its creeping stolens and short rhizomes,have developed over the years into a thick mat which in effect has prevented any erosion on the top of the bluff. In fact, the root structure in some of the areas that I tested is as much as 10 to 12 inches in depth. It is further noted that the Zoysia Grass is used in many areas as a ground cover to prevent erosion. Therefore, it is my recommendation not to remove this turf grass buffer on the Emery property 2 r because it has proved to be very effective to prevent erosion and will continue to do so if not significantly disturbed. To create a non-turf buffer in this area would expose the land to the elements, and no matter what you tried to grow in this area, you could not prevent erosion at the top of the bluff. In my opinion, the top of the bluff would erode in time whereas it has remained stationary for a very long time with the present turf buffer. As I previously stated, every property is different when you consider the variables, such as: Types of soil, sun, and wind conditions. This grass turf buffer on the top of the bluff on the Emery property is very healthy and should remain. The southeasterly portion of the bluff on the Emery property is an entirely different situation. Up to +15 feet northerly of the southerly property line,the top of the bluff is seriously eroded because it had caved in and was undermined due to the storms in the early 1990's. The result was that the southeast corner of the Emery property was undermined and the easterly portion of the bluff in this area caved, leaving a sheer four-foot drop. The point I am making is that this failure is not the result of the grass turf on the top of the bluff as the erosion did not occur from the top, but it is a result of the undermining of the adjacent property as well as the southeast corner of the Emery property. You have two different situations to control erosion on the Emery property. What I propose to do is to enhance and stabilize the top of the bluff as shown on DRAWINGS B and C. These drawings (not to scale) are illustrations of the work I intend to accomplish. Where there is Zoysia grass turf seaward at the point of inflection and no erosion, I intend to slice this turf into sufficiently wide strips,roll it back approximately 24 inches, and while the turf is rolled back,to tuck under it a permanent turf reinforcement mat, i.e. V. Max C350. (I am enclosing as Attachment 1 some literature for your review.) After tucking this reinforcement mat underneath the cut sod, I will overlay the sod on top of the reinforcement mat and continue the reinforcement mat down approximately another two or three feet, depending on the conditions. In this extended area of the mat, I intend to verify there are no voids underneath the mat. If there are any voids, I will pack in good soil underneath, and plant beach grass plugs throughout this exposed area of the mat. When this is completed, I would anchor down the mat to enable the root structure of the grasses to stabilize. In that way,there would be no slippage of the mat and plant growth would be promoted. The details of my proposed work are shown on DRAWINGS B and C. As I explained,the southeasterly bluff area has seriously eroded. I intend to do this work first after obtaining the necessary permit. The details of what I am proposing to do are shown on DRAWINGS C and D. This involves building a retaining wall which will be anchored into the existing bluff area. All of the work will be done by hand so there will be a minimum amount of damage to the bluff area. Lastly, I intend to install a four-inch kick plate at the bottom of the fence when it is being relocated so it will act as a stop to any possible runoff going over the bluff. As I have stated 3 1 previously, in good conscience I cannot remove this very healthy and hearty turf buffer as it presently exists because it has, in fact,prevented any erosion over the top of the bluff. DRAWING E is what the bluff will look like when it is completed with the terracing system and the plants that I propose. At the hearing,the Board required that I reduce the size of the existing platform to 32 square feet and remove the present platform flooring as the Board did not like the treated lumber that I used. It should be noted that this platform was approved by the New York State Department of Environmental Conservation in 1973,when it granted a permit to Costello Construction Company to construct an 8-foot by 12-foot platform; apparently only an 8-foot by 8-foot platform was actually constructed. When I inspected this platform in April of 2011, it was sturdy and functional. The work that I did was mainly cosmetic repair as the platform was in good condition, and I did not want to disturb the bluff, so the repairs were only made where required. Since some of the flooring showed wear, and since I was doing the installation of the stairs,the owner decided to replace the floor for appearance purposes. When I removed the existing flooring and inspected the understructure, I found the floor joists were solid and did not need any repair or work. The three posts landward were basically at ground level on the bluff and were in good condition. I left them in place as they in fact were helping prevent erosion. With the fascia board on the landward portion, it acted as a terrace. The three seaward posts were satisfactory, but since I was doing the work on the stairs, it was little or no effort to replace the southerly post in the same spot next to the stairs. Although serviceable,the northerly post had shrunk a little. I could have easily put a shim plate at the top, but since I was working in the area I decided to replace it,which I did by hand with a post hole digger, installing a new post in that location. The middle post I did not touch, not only because it was solid but it made firm contact with the deck and I did not want to disturb the bluff any more than I had to. The way the platform was previously constructed, I had to remove the railing to replace the floor, so I added a fascia board to attach the new railing to it. It also should be pointed out to the Board that it makes absolutely no sense to destroy this perfectly serviceable existing deck. In addition,while the work is done, it runs the risk of doing damage and causing further bluff erosion in this area. For that reason alone,there will be no work done on this platform until the Spring, when I will be able to shore up any damage and install the terracing system to prevent any erosion. The wood I used on the flooring was a treated wood known as Weather Shield ProWood Micro Pressure Treated Lumber which I purchased at Home Depot. (Attachment 2 is some literature for the Board to review.) I chose this particular lumber because, after doing quite a bit of research and considering the expense involved when I replaced the stairs, I wanted to use a product that was safe,would last and would protect against termites, carpenter ants,bees and decay. This product is certified as an environmentally preferred product. It has been proven to have no eco-toxins or other environmental impacts. I remember at the hearing that some of the Board members said this material was not allowed by Code. I was troubled by this comment as the manufacturer had assured me the product was environmentally safe. After reading the Code, I can find no prohibition for this type 4 of material on the bluff on the Emery's property. I believe the Board was referencing those sections in the Code where it states that pretreated lumber, especially CCA and ACQ, are prohibited, but when I read the Code I saw that it applies only to pretreated lumber to be used in water-operation areas such as bulkheads,retaining walls, revetments, gabions, docks and jetties. What I am trying to say is that the platform on the Emery property is not in any of these areas and I don't believe under the Code is prohibitive. Also,the material is an environmentally safe product. I am hopeful that the Board, in reviewing the details of what I propose as shown on the drawings,will approve same. I have extensive experience in restoring bluffs along Long Island Sound and Gardiner's Bay, as well as along creeks in the Town of Southold. From my experience, I can assure the Board that my proposal will stand the test of time. If approved by the Trustees,the work will be done in the Spring of 2012 because it is too late now to plant any type of vegetation or to disturb the bluff and have any chance of regrowth. Further,the existing dormant vegetation and vines and brambles that exist should be able to hold everything in place until the Spring. Respectfully submitted, ISLAND TREE AND LANDSCAPES By: KedRa4oun, President 5 X �f 11.flaw fill -mum M- A�Molw lA ail U ire-21 FIF J Ir 1l It an ., ` f � r - ►. i a• M i r F r r I PHOTOS OF SUBJECT PROPERTY February 27, 1996 y 1 1 ; W O s rn _i N I y a Jt ---- x•.71—��'r�iw : '� 1� HRESLIti APPRAISAL CO.. 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ShoreJunrlK , per . 5URVEYED 007-28- . 2011 Rosa Ragusol", - ��ah Grass50FFOL COUN`�Y TAS � P/0 I 000 �- I I 1 � I �. av nder 46 5URVEYED FOR: ELLEN EMERY NZOPERTY ADO s5ft 5c425 NA96AOPONT CUTCH019 9H YORK -.` Of n0i ii r� tot r 1 • r U) , �re�d by ?Ud _ , JYIOY%S �&Wtfdd aRba)&s a , ' - - 1! �# MOVIeso — 1 7P8 , AIM Al - �. { c •.tom y �1 K • .t" t- • 1 : : t � 1 / .00 (A wee a car.., 7•� ` i O - 11L1 p h GGG k V - Home > Erosion Control Products > Permanent Turf Reinforcement > Vrnax3 Co_ mposite-Turf Reinforcement Mats > C350 Turf Reinforcement Mat NOV3 0 2011 Ej Southhold Town N v Board of Trustees i A 601tµtPSttk�Rd���Witl711$1IIt$0(Y@B Permanent Turf Reinforcement Mat Vmax3 C350 is composed of a permanent,high-strength,three-dimensional matting structure, incorporated with a 100%coconut-fiber matrix that supplements the permanent matting structure's initial mulching and erosion control capabilities for up to 36 months. C350 is designed to provide long-term,pre-vegetated erosion protection and permanent turf reinforcement in a range of applications that include steep slopes, high-flow channels.and shorelines. Proven in extensive laboratory and field research, C:350's high-strength,3-G matting structure boosts the shear res,stance of vegetation up to an amazing 12 lbs;t12 With pennanent erosion protection exceeding that o('30" (0.%6 m)rock riprap, 0350 provides a cost-effective, environmenta(iv fr(end(v. "green"solution to erosion control projects for severe conditions, Ifo-o-G �► [M e- �1 Vmax3 C350 Turf Reinforcement Mat North American Green http://www.nagreen.com/erosion-control-products/vmax3-c350-perman... Top Net Polypropylene 8.0 lbs/1,000 ft2 (3.91 kg/100 m2)approx.wt. Center Net Polypropylene, corrugated 24.0 lbs/1,000 ft (11.7 kg/100 m2) approx.wt. Coconut Fiber 0.50 lbs/yd2 (0.27 kg/m2) Bottom Net Polypropylene 8.0 lbs/1,000 ft2 (3.91 kg/100 m2) approx.wt. Thread Permanent C350 Performance nce Profile I *Based on FHWA HEC#15 Phase 1 i Phase 2 ; Phase 3 Permissible Shear Stress for (unvegetated) (vegetation establishment) ; (vegetation maturity) Class D Vegetation [2—6" .:y.; Y;: K 4K:MF: ._ �. ,, sm,. ' �,:..,�3,. w;x•,. ;- ;. tall(5—15 cm) fair stand]. ,it9`+. °.w,n� :e"•k, ;.b" ^'�w�t•05.`c,,.fix, �,;.•,.,� T}u 'ry"wx4, �.-,..c'•et•S'?.+.?y;Cr{s�r��'r•'S,�;,,iF .x y � .�. �• :;, iti ,,F v,,..r,.a .,:,. ry„a,**Based on FHWA HEC#15 Permissible Shear Stress for "* '1 Class C [6”tall(15 cm), good stand]. Unprotected seed and soil The tender stems and Under flow-induced shear are highly susceptible to undeveloped root systems ; stress of only 1.0 lbs/ft2 Vmax3 C350 Turf Reinforcement Mat North American Green http://www.mgreen.com/erosion-control-products/vmax3-c350-pennan... erosion.Upon installation, ; of immature vdgetation (48 Pa),unreinforced the C350's coconut fiber provide little protection mature vegetation may matrix and corrugated I for the soil surface and 1 allow significant soil loss matting structure provide 1 are prone to damage or and experience physical Product Typical Applicati� a uniform mulch layer and ' removal at shear stresses i damage." The C350's effective erosionj of only 0.6 lbs/ft2(29 i corrugated matting protection for seed and ; Pa).* The C350 continues I structure reinforces soils soil under flow-induced ; providing erosion and anchors vegetation shear stresses up to 3.2 protection between,and ; roots and stems— lbs/ft2(153 Pa). structural support for, I increasing the permissible developing plants— shear stress of the C350 11 High-Flow`s increasing the permissible permanent vegetative GreaterChannels Sho i shear stress of new stand up to 12 lbs/ft2(576 Slopes vegetation up to 10 lbs/ft2 ( Pa). (480 Pa). �l lbs/ft2(Pascal) 2 ft/s(m/s) Tensar International Corporation NORTH71i * � 5401 St.Wendel-Cynthiana Road �� ° Poseyvdle, Indiana 47633 - d GREEK] Tel. 800.772.2040 ! Fax 812.867.0247 www.nagreen.com ' - Material',• '6,d:�Perf0h'nan�c&,S'Oecifica,fi on '# 'T °s C350 Turf•.Reinforcemen, !!+lat" r. (( The composite turf reinforcement mat (C-TRM) shall be a 0.67 in i` Thickness ASTM D6525 machine-produced mat of 100% coconut fiber matrix 17.0 mm '. incorporated into permanent three-dimensional turf Resiliency ASTM 6524 90% reinforcement matting. The matrix shall be evenly distributed across the entire width of the matting and stitch bonded between Density ASTM D792 0.53 oz/m3 a super heavy duty UV stabilized nettings with 0.50 x 0.50 inch 2.57 oz/yd 1 z (1.27 x 1.27 cm) openings, an ultra heavy UV stabilized, Mass/Unit Area ASTM 6566 2.5 z/ dramatically corrugated (crimped) intermediate netting with 0.5 .. ASTM D4355 x 0.5 inch (1.27 x 1,27 cm) openings, and covered by an super UV Stability 1000 hr 86% heavy duty UV stabilized nettings with 0.50 x 0.50 inch (1.27 x 1.27 cm) openings. The middle corrugated netting shall form Porosity ECIC Guidelines 99% x prominent closely spaced ridges across the entire width of the mat. The three nettings shall be stitched together on 1.50 inch Stiffness ASTM D1388 3.83 oz-in (3.81cm) centers with UV stabilized polypropylene thread to Light Penetration ECIC Guidelines 9.0% form permanent three-dimensional turf reinforcement matting. -' All mats shall be manufactured with a colored thread stitched Tensile Strength -MD ASTM D6818 625 lbs/ft along both outer edges as an overlap guide for adjacent mats. 9.12 kN m t ' Elongation - MD ASTM D6818 22% The C350 shall meet Type 5A, B, and C specification 7681bs/ft E~„ requirements established by the Erosion Control Technology Tensile Strength -TD ASTM D6818 € Council (ECTC) and Federal Highway Administration's (FHWA) 11.21 kN m FP-03 Section 713.18 Elongation -TD ASTM D6818 15% Matrix 100%Coconut Fiber 0.5 lbs/ydZ Duration Lon Duration ; 0.27 k m z phas"73 /ftZ 3.0 lbs/ftZ Top and Bottom, UV 8 Ib/1000 ft a 144 PaNettin stabilized Polypropylene (3.91 kg/100 mZ) s/ftZ 10.0 lbs/ftZ g Middle, Corrugated UV 24 Ib/1000 ftZ Phase 2 Partially Veg. 480 Pa 480 Pa stabilized Polypropylene 11.7 kg/100m') Phase 3 Fully Veg. 12.0 IPa/ftZ 10.0 480 lbs/ ftZ Thread Pol ro lene UV stable : Yp py Unve etated Velocity 10.5 ft/s 3.2 m/s) I •' . Vegetated Velocity 20 ft/s (6.0 m/s) Width 76,5 ((2 Slo a Gradients S Length ) Slope Length (L) :5 3:1 3:1 - 2:1 >_ 2:1 5 20 ft(6 m) 0.0005 0.015 0.043 Weight f 10% 37 lbs (16.8 kg) 20-50 ft 0.018 0.031 0.050 Area 40 yd (33.4 ml) >_ 50 ft(15.2 m) 0.035 0.047 0.057 , Flow Depth Manning's n 50 mm (2 in)/hr-30 min SLR** = 18.32 ECTC 2 100mm (4 in)/hr-30 min SLR** = 19.65 0.50 ft(0.15 m) 0.041 '<< Rainfall 150 mm 6 in)/hr-30 min SLR** = 20.48 k. ( )/ 0.50 - 2.0 ft 0.040-0.013 } ECTC 3 Shear at 0.50 inch soil 7.5 lbs/ftZ "' ? 2.0 ft(0.60 m) 0.012 Shear Res. loss ECTC 4 Top Sod, Fescue, 21 day 243% improvement POot4d Partlq!panr6f: N " Germination incubation of biomass * Bench Scale tests should not be used for design purposes **Sod Loss Ratio -Soil Loss Bare Sod Sod Loss with RECP ' Tensar International Corporation warrants that at the time of delivery the product furnished hereunder shall conform to the specification stated herein. Any other warranty including merchantability and fitness for a particular purpose,are hereby executed.If the product does not meet specifications on this page and Tensar is notified prior to installation,Tensar will replace the product at no cost to the customer. This product specification supersedes all prior specifications for the product described above is and is not applicable to any products shipped prior to January 1, 2011. « Benefitsr ` �ao� � of7 niver sal Forest Products koine why,Choose Pr6Wood?, j' products 4 Learn About Prowood. Using Prowo,od:, .�Howto, uy 6onrt�ci P;s"'! � P1 Environmental Benefits Products Learn About p"wv vu o"mnprow"om How mBuy Contact Us ENVIRONMENTAL BENEFITS Feeling pressured to go green?RelPressure-treated renewable resources.Over 1.7 billion trees are planted per year,that's five trees for every American.Steel,concrete,and plastic building materials are not renewable and take large amounts of energy to produce. " EPPlCurtiDud , , NAHB Research Center National Green Building Certification . Reduces Global Warming • Saves Petroleum • Saves Trees " Less Eneray Consumption " Forest Growth " Earth Friendly " Life Cycle Analysis Shows Advantacles . No Environmental Impacts from Coppe • Reduced Air Emissions . Reduced Greenhouse Gas Emissions ^ Recyclable EPPCortified The process used to treat ProWood Micro CA is the first to gain Environmentally Preferable Prod t EPPI status as certified by Scientific Certification Systems(SCS).Scientific Certification Systems is a third-party certification services Vd standards development company. According to the EPA,to be EPP certified means that the product has a reduced impact on human health and the environment when compared to other products that serve the same purpose. NAMBResearch Center National Green Building Certification pmvVondMicro uses MicroPro wood preservative technology from Osmose, Inc.MicroPro d Green Approved Product certification from the National Association of Home Builders Research Center under the — By using ProWood Micro products,umxspecifiers,homeuui|uomand contractors are eligible mreceive being certified under the National Green Building Standard. / QREENGUARDChi|dmn&Schools Certified The MicroPro technology in ProWood Micro has beenawarded the GREENGUARD Children&Schools Certificati . GREeNQUARD ommnunmSchools /Ce�/hcaumnpmgmmoo�hvapmdumofvr|mmohem/oa|exn| � schools,offices and other sensitive environments Reduces Global Warming Our pressure-treated lumber products are pfast-growing species oftrees from managed forestland,not old-growth o, rainforests.Growing trees removes millions of tons of carbon from the atmosphere each year and give off oxygen in return Saves Petroleum Using d lumber instead of steel,concreteoqplastic saves oumuch uouumillion barrels ofpetroleum eachyear—enough m drive umillion oamamunumowmnu.magumun.oteo|.00nomteandp|aouopmduomammodefrnmnon'nooewmule resources while trees are renewable,sustainable and abundant. httn://xnaw.nfpi.00zo/PROD[TC7)PWMICRO/)A7HY-CH(](]SE-PROWO[)D/ENVTRON... }}/30/2011 *Environmental Benefits Page 2 of 2 Saves Trees Using pressure-treated wood extends the wood resource.In North America,using pressure-treated wood saves millions of trees each year. Less Energy Consumption Comparing total energy costs of other building materials—the costs to acquire the raw material,transport it,process it into a useful product and then actually use it—wood outshines its competitors. For example,steel wall studs require almost nine times more energy to produce than wood studs. Forest Growth The U.S.has far more trees today than it did in the 1920s—even though the population has increased by 143%.Since 1940,we have been growing more wood than we've been harvesting in America(today,growth exceeds harvest by 37%). Earth-Friendly Wood is renewable,sustainable,recyclable and durable.Steel,concrete and plastic,on the other hand,are made from non-renewable resources. Life-cycle Analysis Shows Advantages Environmentalists use life-cycle analysis to measure the environmental impact of a product.The life-cycle analysis of pressure-treated wood shows that it's environmentally superior because it uses renewable resources and recycled material,requires little energy to produce and distribute,and produces little waste. No Environmental Impacts from Copper The copper in wood products treated with the MicroPro preservative system bonds readily to organic matter in the soil.Result:the copper becomes biologically inactive,thus causing no eco-toxic or other environmental impacts. Reduced Air Emissions The solution containing the preservative formula is four times more concentrated than the industry standard.As a result,fewer trucks are required for transport.Fewer trucks,combined with the absence of monoethanolamine(MEA)in the production process,result in a reduction of air pollutants from tailpipe emissions and associated impacts,including:soot,nitrous oxide,volatile organic compounds(VOC's), particulate matter,and reduced impacts of acid rain,smog,and oceanic acidification. Reduced Greenhouse Gas Emissions The absence of MEA in the production process,combined with the reduced use of fuel and fewer trucks,means that using the MicroPro preservative in lieu of standard wood treatment formulations reduces an estimated 20,000 tons or more of greenhouse gas emissions each year(this is equivalent to the annual emissions of approximately 2,200 SUV's). 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Universal Forest Products Using ProWo 1K 4 Why Choose Prowoodv Products 0-mo NOV 3 0 20 Facts About Micronized Copper 30 2011 1 Micronized Treatment Process OV Understanding the End TagA Wool' Literature v"muprow""u c____----^----- How mBuy Contact Us PmVVoodMicro Pressure-Treated Lumber FAQ Lumber's greatoo is biological attack—destruction btermites,fungi and marineborers. *no,more than nmry of scientific d practical experience with various treating there is a varietymweapons that have been formulated mprotect wood against insects,rot and decay. Wb e --For—oressure treatment and how long are they effective? h servatives are used What is MicroPro? How do I know it m tre e wood i reated for my intended end use? ke ow Og ProWood Micro GA differ from AGO? ow ted wood'? What does it mean to be a Certified EnvironmentalIMPreufepable Product(EPP)? Can Dreserved woo e used indoors? Why can I use pressure-treated wood for a picnic table and not a countertop? (;an treated wood oe used 1 11 What is the sionificance he tags staded to my lumber? Are there different types of LreatgLd wood for different useg? I Cut the end Ott ot my pressure-treated woo .and it looks like it isn't treated in the middle.Do I have a bad piecp 9LIrealed wood? is it safe t� asure treated luml)er tor animal enclosures such as a bird teeder or fish pond retain na wall heard that leaching ay I)e a 099 Atter my promect is bull cial maintenance necessa%? rr Does ProWood Micro 0 alRypZo continuing education learning credits? Why use press u,etreated|umuw,Y Lumbers greatest enemy is biologicalattack—destruction by termites,fungi and marine borers.After more a half century o/scientific tests and practical experiencewithvuhvuuuneuingoheminum.thomamuvohmyofwoaponothouhavebaonfomnu|atedu,pmmmwood against insects,rot and decay. VVhou preservatives are used for pressure treatment and hom,long are they effective? For a long time,C all major forms of destructive attack and is effective for many years.More recently, reservative manufacturers made a transition to a newer preservative,ACQ(Alkaline Copper Quaternary) ACQ is also effective for decaTes,reducing demands on forest resources The next mno m uwood�pmvvouuMamvv/uxvproductue offeredthroughout xeunuousx�ou pomo pmducts.r Micro o*pressure treated wood mtreated with micronized copper preservatives,which help protect ugauint termite damage and fungal decay. What ioMicroPro? ProWood Micro CA uses the MicroPro treating solution produced by Osmose,Inc.MicroPro pressure treated wood is treatedw/tx micronized copper preservatiTes,which help—protect against termite damage and fungal decay.The MicroPro preservative system used to produce }q://www'ufpi'cmm/PRODDCT/PWMICRO/LEARN-ABOUT-PROWOOD/FAQ.HTM }]/29/20]} ;ProWood®FAQ Page 2 of 3 ProWood Micro CA treated wood utilizes a proven technique where copper is milled into sub-micron sized particles.These copper particles are then suspended,instead of dissolved,in the wood preservative solution used during the pressure treatment process. Using micronized copper eliminates the need for a solvent,which is required for ACQ and Copper Azole.This results in key benefits to the consumer:better performance,better corrosion properties and a fresh,more natural appearance. How do I know if my treated wood is properly treated for my intended end use? First,you will want to look for a lumber end tag. Each piece of Universal Forest Products'treated wood contains a tag with information regarding the preservative used,the appropriate end use(i.e.above ground or ground contact),the quality standard and safe handling information. In some cases,building code regulations mandate the use of treated wood that meets certain standards.The International Code Council (ICC)develops model building codes for use nationwide.ProWood'Micro CA has been evaluated by the ICC-ES to be code compliant with the details listed under the ESR-1980 Re ort and the ESR-2240 Report.In the case of treated wood the ICC relies primarily on the American Wood-Preservers'Assoc.(AWPA)to determine appropriate standards of treatment for specific preservatives in specific end uses.They also offer their own ICC Evaluation Service as a way to determine if a product is suitable.Quality control measures are laid out to ensure the treated wood that is produced meets the quality standards In addition to in-house quality checking,manufacturers are also required to subscribe to an independent inspection agency who verifies for customers that the wood was treated in accordance with the applicable standards.Manufacturers who are in good standing with the 3rd party inspection agency will carry that agency's quality mark on the lumber end tag. For an independent viewpoint on how to tell if your wood is properly treated,view the USDA's Forest Products Laboratory TechLine on new wood treatments. What ingredients make up ProWood Micro CA? ProWood Micro CA is a waterborne system that is copper based.Together,the compounds of copper and azole(for CA)provide protection from a broad spectrum of fungi and termites,preventing rot and decay.Laboratory and field studies have proven that micronized copper products provide protection against fungal decay and termites in both above ground and ground contact applications. How does ProWood Micro CA differ from ACQ? ProWood Micro CA uses"micronized"copper particles that bond permanently to wood cells.ProWood Micro CA causes less corrosion in fasteners and gives wood a lighter,fresher appearance after treatment than ACQ. Is special handling required? Our Safe Handling Information Sheets outline specific handling tips. The single most important precaution is DO NOT BURN TREATED WOOD When pressure-treated wood is burned,the preservative chemicals concentrate in the ash and can be inhaled.Wear gloves when handling treated lumber.And always wear safety goggles and a dust mask when sawing or cutting treated lumber just as you would with untreated lumber How safe is treated wood? ProWood Micro CA pressure treated wood is very safe when used in the appropriate applications as directed.The preservative infected into lumber reacts with the wood substance to form an insoluble complex.It won't evaporate or vaporize.ProWood Micro CA treated wood is clean,odorless,non-staining,safe to work with and handle Its built-in protection is non-irritating to for dermal contact with children,adults, animals and plants.The minute amounts of preservative released during a treated wood structure's serviceable lifetime have been carefully studied The conclusion is clear.it is safe for the environment and safe for contact with people andpets.In our opinion,ProWood Micro CA treated wood—as with any wood product—should not be used where household pets would be likely to chew on or ingest the wood.The process used to treat ProWood Micro CA is the first to gain Environmentally Preferable Product(EPP)as certified by Scientific Certification Systems(SCS).Scientific Certification Systems is a third-party certification services and standards development company.According to the EPA,to be EPP certified means that the product has a reduced impact on human health and the environment when compared to other products that serve the same purpose. What does it mean to be a Certified Environmentally Preferable Product(EPP)? The process used to treat ProWood Micro CA is the first to gain Environmentally Preferable Product(EPP)status as certified by scientific Certification Systems(SCS).Scientific Certification Systems is a third-party certification services and standards development company. According to the EPA,to be EPP certified means that the product has a reduced impact on human health and the environment when compared to other products that serve the same purpose. What does it mean to be a NAHB Green Approved Product? Green Approved Products are products that the NAHB Research Center has approved as being eligible to contribute points toward certification of a building under the National Green Buddin Standard!"'.ProWood Micro uses MicroPro wood preservative technology from Osmose,Inc.MicroPro earned Green Approve Product certification from the National Association of Home Builders(NAHB) Research Center under the National Green Building Standard Program.By using ProWood Micro products,architects,specifiers,homebuilders and contractors are eligible to receive points toward a budding being certified under the National Green Building Standard. What is GREENGUARD Children&Schools Certification? The GREENGUARD Children&Schools Certification is awarded to products that are intended for use in schools,daycares,or other locations where children spend large amounts of time.The certification shows that a product adheres to the highest standards for chemical emissions,ensuring public safety,regardless of age. Do you recommend painting ProWood Micro CA treated wood? Although ProWood Micro CA provides a surface that is easier for paints to cover,we do not recommend painting it ProWood does not need protection from the elements,paints and varnishes peel over time and maintenance of a horizontal painted surface is frequent and tedious. But,if your decorative decisions do call for paint,make sure the wood is dry before application.(Pour some water over the surface If it beads,wait,if it seeps into the wood,it's ready to paint.) Can preserved wood be used indoors? Treated wood may be used indoors for any application except cutting boards and countertops. hq://www.ufpi.com/PRODUCT/PWMICRO/LEARN-ABOUT-PROWOOD/FAQ.HTM 11/29/2011 vProWood®FAQ - Page 3 of 3 b" Why can I use pressure-treated wood for a picnic table and not a countertop? Simply because picnic tables are primarily used for serving prepared food while a kitchen countertop is used primarily as a cutting surface for raw food. Can treated wood be used in gardening? Yes Treated timbers used to construct raised vegetable and flowerbeds are increasingly popular and practical.Recent scientific tests prove there is no significant uptake of preservatives into plants.And treated wood used for tomato stakes,flowerbed edging,planters,retaining walls,trellises,and compost bins have the added advantage of lifetime durability Check out our bloc post on this topic. What is the significance of the tags stapled to my lumber? Universal Forest Products places end tags on all of its pressure-treated products to ensure that our customers know key information about the product such as the type of warranty,whether it is for use in direct ground contact or only above ground applications,and where applicable,information needed for acceptance by local budding codes.Many of these tags on our treated wood products even have detailed information on the safe handling of our pressure-treated products,the same information contained in the Safe Handling Information Sheets. Are there different types of treated wood for different uses? Yes.Our tags will always state"above ground only"or"ground contact"so you can be sure you are using the right material for the job.Higher levels of preservative are available for special purposes such as extensive moisture/earthen contact-e g.,in foundations,pole barns,fresh& saltwater docks,culverts,etc.For more detail, refer to the End Uses for ProWood page. Any fastener recommendations when building with ProWood Micro CA? Use hot-dip galvanized fasteners or other fasteners as required by building codes;otherwise,your treated wood will last longer than the unprotected fasteners you've used to put it together.In addition,carbon steel fasteners may be used for UC1 and UC2 interior or above ground,weather protected applications such as sill plates,interior framing and interior trusses.Since ProWood Micro CA is less corrosive than ACQ,these recommendations are the same as they were with CCA-treated lumber.Fastener manufacturers may also recommend products that work well with ProWood Micro CA.View the ProWood Micro Advantage-Fasteners page for more information. Aluminum building products can be placed in direct contact with ProWood Micro CA treated wood products used for interior uses and above ground exterior applications such as decks,fencing,and landscaping projects Examples of aluminum products include siding,roofing, gutters,door and window trim,flashing,nails,fasteners and other hardware connectors.Aluminum contact is not recommended when ProWood Micro CA treated wood products are immersed in water or are subject to frequent and prolonged wetting or other severe exposure conditions.In such cases,a moisture resistant protective barrier should be placed between the aluminum products and ProWood Micro CA treated wood. I cut the end off of my pressure-treated wood,and it looks like it isn't treated in the middle.Do I have a bad piece of treated wood? No.Most commonly this is heartwood which is naturally decay resistant.This is doesn't indicate if the wood was properly treated,and you do not need to be concerned.With the exception of some Western species,these end cuts do not require any special treatment. Refer to the ProWood Micro Warranty and ProWood Micro CA Warranty for details Brush-on Preservatives for Field Cuts According to American Wood-Preservers'Standard M4-06,lumber and timber which are used in above ground applications and are of sapwood species such as southern,red or ponderosa pine,generally do not require treatment to provide a good service life.This category includes the majority of the treated products Universal Forest Products provides.Other heartwood species,typically found in the Western U.S.should be field treated when out or drilled. If you are concerned about wood exposed due to cutting or drilling,you can use a brush- applied preservative Home centers and lumberyards often carry brush-applied preservative systems based on two different active chemicals:either copper naphthenate or IPBC(3-iodo 2-propynyl butyl carbamate).These systems should be applied,in accordance with their labels,to any surface exposed by damage or field fabrication.Users should carefully read and follow the instructions and precautions listed on the preservative system label when using them. Is it safe to use pressure treated lumber for animal enclosures such as a bird feeder or fish pond retaining wall?I have heard that leaching may be a problem. Outdoor enclosures for animals are an appropriate use for ProWood Micro CA pressure treated lumber when you keep in mind a few factors. For ponds make sure to choose lumber that is treated to the proper retention of preservative in the wood.The lumber end tag should note the end use as"Ground Contact/Freshwater Use."A small amount of leaching takes place,and copper that is used in many pressure treated lumber does have aquatic toxicity.Generally the levels of leaching will only be problematic in situations where there is a large amount of treated wood compared to the volume of water and where there is a low water flow For more information,the USDA Forest Product Lab discusses treated wood and environmental impact. After my project is built,is any special maintenance necessary? Left unfinished,treated wood ages gracefully,eventually softening to an attractive driftwood gray.On flat surfaces such as decks,however, leaves and other debris may collect and create unsightly stains.Even if your lumber has the locked-in protection of factory-applied water repellent,you'll want to follow an annual maintenance program that includes a semitransparent stain or a sealant which contains an ultraviolet stabilizer.If you stain your project,a quality penetrating latex or oil base stain is recommended. Does ProWood Micro CA qualify for continuing education learning credits? Yes,through Osmose,ProWood Micro CA's wood preservative supplier.The Osmose program is unique within the treated wood industry because it offers AIA professionals the opportunity to receive credits under the Sustainable Design(SD)CE requirement as well as GBCI CE requirements for all LEED Professionals The course is offered through AIA Education Provider,GreenCE,Inc Credit for this course is 1 AIA/CES LU/HSW/SD Hour and 1 GBCI CE Hour for LEED Professionals To review the course and take the online quiz for CE Credit,please visit:h_ttp://www.greence.com/cgi_ bin/i n f o.p I?action=course&id=93. http://www.ufpi.com/PRODUCT/PWMICRO/LEARN-ABOUT-PROWOOD/FAQ.HTM 11/29/2011