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Home My WebLink AboutTR-7832 James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631 ) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD 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 ¼ constructed Project complete, compliance inspection BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7832 DATE: JUNE 20~ 2012 ISSUED TO: HELEN & ROBERT KEITH PROPERTY ADDRESS: 995 WILLIS CREEK DRIVE~ MATTITUCK SCTM# 123-10-2 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trastees adopted at the meeting held on June 20~ 2012, and in consideration of application fee in the sum of $250.00 paid by Helen & Robert Keith and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to construct approximately 95 linear feet of low-sill bulkhead between existing low-sill bulkheads on subject parcel and adjoining parcel to west; and place approximately 20 cubic yards sand fill (to be trucked in from an upland source) between proposed bulkhead and existing inter-tidal marsh to be planted with Spartina alterniflora (12" on center) to create approximately 190 square feet of additional inter- tidal marsh; and extend existing stone rip-rap approximately 25 linear feet to the westerly property line using ±100 pound stone; and as depicted on the site plan prepared by En-Consuitants, last dated June 12, 2012, and stamped approved on July 6, 2012. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. TERMS AND CONDITIONS The Permittee Helen & Robert Keith, residing at 995 Willis Creek Drive, Southold, New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work heroin authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. That the said Board will be notified by the Permittee of the completion of the work authorized. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 June 20,2012 BOARD OFTOWNTRUSTEES TOWN OFSOUTHOLD Robert E. Herrmann En-Consultants 1319 North Sea Road Southampton, NY 11968 RE: HELEN & ROBERT KEITH 995 WILLIS CREEK DRIVE, MATTITUCK SCTM# 123-10-2 Dear Mr. Herrmann: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, June 20, 2012 regarding the above matter: WHEREAS, En-Consultants on behalf of HELEN & ROBERT KEITH 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 May 17, 2012, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on June 20, 2012, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of HELEN & ROBERT KEITH to construct approximately 95 linear feet of Iow-sill bulkhead between existing Iow-sill bulkheads on subject parcel and adjoining parcel to west; and place approximately 20 cubic yards sand fill (to be trucked in from an upland source) between proposed bulkhead and existing inter-tidal marsh to be planted with Spartina altemiflora (12" on center) to create approximately 190 square feet of additional inter-tidal marsh; and extend existing stone rip-rap approximately 25 linear feet to the westerly property line using +100 pound stone; and as depicted on the site plan prepared by En- Consultants, last dated June 12, 2012, and stamped approved on July 6, 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, · King President, Board of Trustees JFK/eac Peter Young, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (63 I) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., June 13, 2012 the following recommendation was made: Moved by Doug Hardy, seconded by Jack McGreevy, it was RESOLVED to SUPPORT the Wetland Permit application of HELEN & ROBERT KEITH to construct approx. 95 If. of Iow-sill bulkhead between existing Iow-sill bulkheads on subject parcel and adjoining parcel to west; and place approx. 20 cy. sand fill (to be trucked in from an upland source) between proposed bulkhead and existing inter-tidal marsh to be planted with Spartina alternifiora (12" on center) to create approx. 190 sf. of additional inter-tidal marsh. Located: 995 Willis Creek Dr., Mattituck. SCTM#123-10-2 Inspected by: Audrey Horton, Jack McGreevy, Doug Hardy The CAC Supports the application with the Condition the structure does not extend into public waters. It is recommended the Board of Trustees investigate the impact this action will have on Willis Creek. Vote of Council: Ayes: All Motion Carried James F King, Presidenl Bob Ghosio, Jl', Vicc-Presidcm Dave Bergen John Blcdclncycl Michael J Domino PO Box 1179 Southold, NY 11971 Telephone[631 765-1892 Fax(631)765-664[ Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time:,Ju,u 2. o /?_. / 7 ,'oa HELEN & ROBERT KEITH request a Wetland Permit to construct approx. 95 If. of Iow-sill bulkhead between existing Iow-sill bulkheads on subject parcel and adjoining parcel to west; and place approx. 20 cy. sand fill (to be trucked in from an upland source) between proposed bulkhead and existing inter-tidal marsh to be planted with Spartina alterniflora (12" on center) to create approx. 190 sf. of additional inter-tidal marsh. Located: 995 Willis Creek Dr., Mattituck. SCTM#123-10-2 Ty,~al~area to be impacted: ./ aterWetland Freshwater Wetland __Sound "'Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: ~w'~Chapt.275 Chapt. 111 other Type of Application: Wetland __Coastal Erosion __Amendment __Administrative__Emergency Pre-Submission __Violation Info needed: Modifications: Conditions: / Present Were: ~/J. King __B. Ghosio __ J. Bredemeyer___ Michael Domino D. Bergen, D. Dzenkowski other Form filled out in the field by Mailed/Faxed to: Date: ROBERT AND HELEN KEITH~ 995 WILLIS CREEK DRIVE, MATTITUCK Figure 1. Looking east from dock over successfully established Iow-sill bulkhead and intertidal marsh on subject property and at westerly corner to which proposed sectian o flow-sill bulkhead will connect. Figure 2. Looking east from clock over same stretch of shoreline as that depicted in Figure I during 20(13, prior installation qf the Iow-sill bulkhead and at which time the intertidal marsh was being rapidly lost to erosion. ROBERT AND HELEN KEITH, 995 WILLIS CREEK DRIVE~ MATTITUCK Fignre 3. Looking north at westerly corner ~existing Iow-sill bulkhead to which proposed section of Iow-sill bulkhead will connect. Figure 4. Looking west./?om dock over still eroding section of intertidal marsh located between subject and neighboring low-sill bulkheads to be stabilized through placement qf proposed +95 linear feet t~ low-sill bulghead and +_190 .~f of additional intertidal marsh 123 EN-CONSULTANTS 1319 North Sea Road Southampton, New York 11968 631-283~6360 Fax: 631-283-6136 www.enconsultants.com ENVIRONMENTAL CONSULTING June 12, 2012 James King, Chairman Board of Trustees Town of Southold P.O Box 1179 Southold, NY 11971 Re: Robert & Helen Keith~ 995 Willis Creek Drive JUN 2 5 2012 Southl]old ~,ewn ~oard of Tmslees Dear Mr. King: In our recently submitted application, I failed to depict the proposed approximately 25 linear foot extension of the existing stone rip-rap located along the landward embankment to the westerly property line, where it would meet the recently approved and constructed upland retaining wall return located on the westerly adjacent property line. Therefore, please fred enclosed four (4) copies of a project plan prepared by En-Consultants, last dated June 12, 2012, which has been revised to include this additionally proposed work. The project description should be amended accordingly to add: "Extend existing stone rip-rap approximately 25 linear feet to the westerly property line using _+ 100 pound stone." Enclosures cc: Robert and Helen Keith Respectfully yours, Robert E. Herrmam~ Coastal Management Specialist OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) $outhold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD To: Jim King, President Town of Southold Board of Trustees MEMORANDUM JUN 1 9 2072 Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: June 13, 2012 Re: Proposed Wetland Permit for HELEN & ROBERT KEITH En-Consultants on behalf of HELEN & ROBERT KEITH requests a Wetland Permit to construct approx. 95 If. of Iow-sill bulkhead between existing Iow-sill bulkheads on subject parcel and adjoining parcel to west; and place approx. 20 cy. sand fill (to be trucked in from an upland source) between proposed bulkhead and existing inter-tidal marsh to be planted with Spartina alterniflora (12" on center) to create approx. 190 sf. of additional inter-tidal marsh. Located: 995 Willis Creek Dr., Mattituck. SCTM#123-10-2 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney Jill M. Dohcrty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Brcderneyer Town Hall, 53095 Main Rd. P.O. Box 1179 Southold,NY 11971 Telephone (63 I) 765 - 1892 Fax (63 I) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Coastal Erosion Permit Application ~7~Wetland Permit Application AmendmenffTransfer/Extension J Received Application~ ,-./Received Fee: ~ompleted Application ~-~. 1' ~ ! [~-' ' Incomplete SEQRA Classification: Type I Type II Unlisted LOordination: (date sent). WRP Consistency Assessment Form ~I~AC Referral Sent: ~111 I~ _,~D~atc of Inspection: ~'[!15[ __Receipt of CAC Report: __Lead Agency Determination: ~Technicat Review: ~d~ublic Hearing Held: 1,6 { 3~l ~ Resolution: Office Use Only Administrative Permit Name of Applicant HELEN & ROBERT KEITH Address 995 WILLIS CREEK DRiVE, MATTITUCK, NY 11952 Phone Number: (63 i) 298-8508 Suffolk County Tax Map Number: 1000 - 123-10-2 Property Location: 995 WILLIS CREEK DRIVE, MATTITUCK (provide LILCO Pole it, distance to cross streets, and location AGENT: EN-CONSULTANTS (If applicable) Address: 1319 NORTH SEA ROAD, SOUTHAMPTON, NY 11968 Phone: 631-283-6360 loard of Trustees Applica~a GENERAL DATA Land Area (in square feet): 40,553 Area Zoning: R-40 Previous use of property: RESIDENTIAL, SINGLE FAMILY DWELLING Intended use of property: NO CHANGE 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. Will this project require any demolition as per Town Code or ad determined by Building Dept. Yes X No Does the structure(s) on property have a valid Certificate of Occupancy X Yes __ N o Prior permits/approvals for site improvements: Agency SOUTHOLD TRUSTEES//8-88-123-10-2 SOUTHOLD TRUSTEES//5700 NYS DEC #10-88-1249 NYS DEC #1-4738-03246/00001 SCDH COE #2004-01215-L2 Date 3/10/89 1/22/03; 7/25/03; 8/4/03; 10/20/04; 2/27/08 1/5/89; 11/3/04; 1/24/05; 12/23/05 6/22/08 7/21/05 2/6/89 __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: Project Description (use attachments if necessary): Construct approximately 95 linear feet of low-sill vinyl bulkhead between existing low-sill bulkheads on subject parcel and adjoining parcel to west; and place approximately 20 cubic yards sand fill (to be tracked in from an upland source) between proposed bulkhead and existing intertidal marsh to be planted with Spartina alterniflora (12" on center) to create approximately 190 s.f. of additional intertidal marsh, all as depicted on the project plan prepared by En-Consultants, dated May 14, 2012. of Trustees Applicat~ WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: To stabilize and preserve eroding intertidal marsh located between existing low-sill bulkheads on subject parcel and adjoining parcel to west. Area of wetlands on lot: +/-2,700 .square feet Percent coverage of lot: 6 - 7 Closest distance between nearest existing structure and upland edge of wetlands: N/A feet Closest distance between nearest proposed structure and upland edge of wetlands: N/A feet Does the project involve excavation or filling? No X Yes If yes, how much material will be excavated? N/A cubic yards How much material will be filled? +/-20 cubic yards Depth of which material will be ivel~gr deposited: +/-2 feet Proposed slope throughout the area of operations: N/A Manner in which material will be removed or deposited: Approximately 20 cubic yards sand will be trucked in from an upland source and used to fill the variable width area between the proposed bulkhead and existing intertidal marsh for the purpose of being planted with Spartina alterniflora and creating approximately 190 s.f. of additional intertidal marsh. 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): SEE ATTACHED ADDENDUM FOR HELEN & ROBERT KEITH 995 WILLIS CREEK ROAD, MATTITUCK SCTM #1000-123-10-2 For a four-year period from 2001 to 2005, the owners of the subject parcel watched the rapid and accelerated loss of a once wide and healthy intertidal marsh fronting their property, a marsh that historically served as a natural protective feature against erosion and flooding. During that period, the owners conferred with various coastal experts from both the private and public sector with the hope of finding a way to stem the erosion of the marsh and corresponding loss of the adjacent upland before all of the marsh was lost. Ultimately, staff from the New York State Department of Environmental Conservation suggested installation of a low-sill bulkhead and associated placement of fill to create and restore intertidal marsh that had been lost and to stabilize and preserve the existing marsh. The project was implemented in late 2005 pursuant to Town Wetlands Permit 5700 as amended on October 20, 2004, and now 7 years later, a healthy and functional intertidal marsh is once again thriving where it had previously been lost and otherwise lost permanently. Not only has the Spartina alterniflora been stabilized and preserved but natural beds of ribbed mussels, which naturally stabilize the marsh through their abyssal threads, have become established both along the edge of the low-sill bulkhead and even inside the corrugated vinyl sheathing. Because erosion of the westerly portion of the property was then not as prevalent, however, and because a low-sill project of that scope had at that time not yet been implemented in the Town of Southold, the permits did not allow the low-sill bulkhead to extend to the westerly property line. But later in 2010, both the NYSDEC and Southold Trustees permitted construction of a low-sill bulkhead and plantings on the adjacent westerly parcel pursuant to Town Wetlands Permit No. 7408, leaving approximately 95 linear feet of unprotected marsh between the two bulkheads. As that remaining unprotected marsh has continued to gradually erode, the owners now wish to connect the gap between the two structures through construction of a low-sill bulkhead and creation of approximately 190 square feet of additional intertidal marsh between the existing marsh and proposed bulkhead. Based on the demonstrative success of the previous bulkhead on the subject parcel, it is clear that the project will have a positive impact on the quality and quantity of wetlands and adjacent marsh ecosystem through the stabilization, preservation, and enhancement of the existing marsh. Specifically, preserving and enhancing the marsh will allow it to continue providing the wetland functions and values associated with vegetated intertidal marsh, such as marine food production, wildlife habitat, cleansing ecosystems, absorption of silt and organic material, and enhancement of visual quality and scenic resources, all consistent with the purpose, intent, and goals both of Chapter 275 and the Local Waterfront Revitalization Program. PROJECT ID NUMBER PART 1 - PROJECT INFORMATION 1. APPLICANT / SPONSOR HELEN & ROBERT KEITH BY EN-CONSULTANTS 3. PROJECT LOCATION: Municipality MATTITUCK 4, PRECISE LOCATION: Street Address and Road intersections. Prominent landmarks etc - or provide map 995 WILLIS CREEK DRIVE, MATT1TUCK, TOWN OF SOUTHOLD, SCTM #1000-123-10-2 5. IS PROPOSED ACTION: [] New [] Expansion []Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only (To be completed by A dicant or Project Sponsor) 2. PROJECT NAME County SUFFOLK SEQR Construct approximately 95 linear feet of low-sill vinyl bulkhead between existing low-sill bulkheads on subject parcel and adjoining parcel to west; and place approximately 20 cubic yards sand fill (to be tracked in from an upland source) between proposed bulkhead and existing intertidal marsh to be planted with Spartina alterniflora (12" on center) to create approximately 190 s.f. of additional intertidal marsh, all as depicted on the project plan prepared by En-Consultants, dated May 14, 2012.. 7. AMOUNT OF LAND AFFECTED: Initially 40,553 s.f. acres Ultimately 40,553 s.f. acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? [~Yes [ ] No If no, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) [] Residential [] Industrial [~] Commercial DAgriculture [] Park / Forest/Open Space ~]Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) [~]Yes [~] No If yes, list agency name and permit / approval: DEC, CeE, DOS 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ]Yes [] No If list name and permit / approval: yes, agency I~S A R~aJLT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? } [Yes t~x]N0 I CERTIFY THAT T~tE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponsor Name RO~/~RT E. HERRMANN, COASTAL MANAGEMENT SPECIALIST Date: MAY 16, 2012 Signature ~ % If the action is a Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A~ DOES ACTION EXCEED ANy TYPE I THRESHOLD IN 6 NYCRR. PART 6t 7.47 I( yes. coo~inate the renew process end use the FULL EAF. [~Yes [~No B. I/VIM. ACTION REC~VE COORDINATED REVIEW AS PROVlOC_D FOR UNUSTEO ACTIONS IN $ NYCRR. PART 617.67 If No, a negative dectamflo~ may be se~efceded by aeother levered agency. I~1 Yes ~'lNo C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Aaawers may be handwritten, If leginle) CI. E~$~g ak quality, surface or groundwater quality or quantity, noise levels, existing Iralfm pattern, solid waste praduc~un er disposal. potential for erosion, drainage or flooding problems? Explain bdefly: C2. Ae~b%~c, agricultural, archaeofagiceL ;~,k~ k~ or other nafaml er cultural msoorces; er communliy er netghberlmod chorader? ~,,~. _~..-. briefly: ~3. Veu~[~,. or fauna, fish, ~.={;;i~h er wildlife species, slgfl~linant habitats, or IIimateeed or endangered species? l: .~d~ln briefly: C4 A comm~xnKy $ exlstiflg plans or goals a~ ol~clallt~ adopted of a change in use or intensity of use of land ~x olhef natural cesoume$? Explain bdefiy C5. Growth. subsequenl development, or related activities likely"~;)'"l)~'lnduced by the proposed action? Exptale briefly: ' .... C6. Long {oral short reno, cumulative, or other effects"no{ identified in Ct~;5? Explain brielly: C7. Other impact~ linduding chenge~'in use of either quantity or iy~e ;~ ene~j},? Explain bdof{y: O. VVILL TH[ PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTER(STIC0 THAT CAUSED THE ESTABLISHMENT OF A ~RI TICA ~:~ .~eO~ ME[~T~OAP~EA, (CEAI? (It ~es ' eXplaill ,briefly: E' i.~_-::'~ ~sC' O~ NoTHTE UKELY TO BE, CONTROVERSY RELA ,' ,IT=D TO POTF-NI'IAL --. F_~'~/IRC::~.~:;"]'. IMPAC.? i[ .a ..!.,~: i PART III - u= ~ m.~aiNATION OF SIGNIFICANCE (To be completed by/~eno/) . #~TRUClIONS: Fm'eadaedveraeeffe~tidengfiedabove, determblewimlherlUsaub~tantiaL~,~o~s~eL Each efreei ~hould be a4~sessed th ~o~ne~o. with its Ia) seUing (i.e. urban or rural; Co) pra~a~ of occuntng; (o) duraao~ Id} ~ (e) lalflJdent de{e11 lo dew that all relevaflt adverse impacts have beefl idefllirmd a~ ~y ~. If qu~llofl d of part II was chedmd Board of Trustees Name of Lead Agency Print of Ty~e Name of Responsinle Officer iq, Lead Agency ,~i~flatore ot'Respons~bts Office(in Lead A~ency President 'Idle of Responsible Officer Signa~ore of Preparer (If different ~rom responsible officed James F King, President Bob Ghosio, Jr. , Vice-President Dave Bergen John Bredcmeyer Michael J. Domino Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of HELEN & ROBERT KEITH COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING Robert E. Hex~n~qnn , residing at~? Eh-Consultants 1319 North Sea Road, Southampton, NY 11968 being duly sworn, depose and say: That on the ~q~day of 4u~ ,20 l~,I personally posted the property known as 995 Willis Creek Drivet Mattituck; SC'iIq #1000-123-10-2 by placing the Board of Trustees oft~cial poster where it can easily be seen, and that I have checked to be sure the poster has remained in place fbr eight days ,nor to the date of the public hearing. Date of hearing noted thereon to be held Wed. June 20~ 21 PI2. Dated: ~ ~ (signatur Sworn to betbre me this '4~' day of~/a'~ 20 / ~ Not~5~..t~blic Kt8 ~ STEPHENS NOTgRY PUBLIC STATE OF NEW YORK COMMISSION NO. 5015§~1 ~UALIFIEB IN SUFFOLK CO~TY EXPIRES AUGUST 2. 20d~ NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: HELEN & ROBERT KEITH SCTM# 1000-123-10-2 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Construct approximately 95 linear feet of low-sill vinyl bulkhead between existing low-sill bulkheads on subject parcel and adjoining parcel to west; and place approximately 20 cubic yards sand fill (to be/a'ucked in from an upland source) between proposed bulkhead and existing intertidal marsh to be planted with Spartina altemiflora (12" on center) to create approximately 190 s.f. of additional intertidal marsh, all as depicted on the project plan prepared by En-Consultants, dated May 14, 2012. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 995 WILLIS CREEK DRIVE, MATTITUCK 3. That the project which is subject to Environmental Review under Chapters 96,111 and/or 275 of the Town Code is open to public comment on: DATE: JUNE 20th, 2012 @ 6:00 P.M. You may contact the Trustees Office at 765-1892 or in writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. Helen & Robert Keith PROPERTY OWNERS NAME: 995 Willis Creek Drive MAILING ADDRESS: Mattituck, NY 11952 PHONE#: 631-298-8508 AGENT: EN-CONSULTANTS MAILING ADDRESS: 1319 NORTH SEA ROAD, SOUTHAMPTON, NY 11968 PHONE #: 631-283-6360 Enc: Copy of sketch or plan showing proposal for your convenience. Name; Kenneth & Elizabeth LeStrange OF MAILING OF NOTICE CERTIFIED MAIL RECEIPTS Address: 111 Farley Road Short Hills, NJ 07078 Patrick Scollard Town of Southold 129 Stratford Avenue Garden City, NY 11530 P.O. Box 1179 Southold, NY 11971 STATE OF NEW YORK COUNTY OF SUFFOLK ROBERT E. HERRMANN doing business at EN-CONSULTANTS 1319 North Sea Road Southampton, NY 11968 , being duly sworn, deposes and says that on the 29fin day of MAY ,20 12 , deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at SOUTHAMPTON , that said Notices wer~tr~Iailed to each of said persons by (eertified)(registered) mail. Sworn to before me this day of MAY ,20 12 ~qfh P- Postage Cerllfled Fee I:~ Return Receipt Fee ~ (Endorsement Required) Kenneth & Elizabeth LeStrange 111 Farley Road Short Hills, NJ 07078 rul Patrick Scoll~d I 129 Strmford Avenue ........ G~den City, NY 11530 .. Town of Southold P.O. Box 1179 Somhold, NY 11971 of Trustees Application AUTHORIZATION (where the applicant is not the o~vner) (print Owner of property) residing at. qq5 ~A/t Ill .~ (mailing address) do hereby authorize (Agent) apply for permit(s) from the Southold Board of Town Trustees on my behalf. (Owner's sign~ttu~.~'~ of Trustees Application County of Suffolk State of New York I'}C ler~ 4-- '[~,?.)ot'¥- J- }x./~',4 In BEINGDULYSWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. ~ - Signature .... SWORN TO BEFORE ME THIS DAYOF O/J~ ,20 [ } ta~-y Public JONATHAN TUE NOTARY PUBLIC, STATE OF NEW YORK QUALIFIED IN SUFFOLK COUNTY NO. 01TU6192157 MY COMMISSION EXPIRES 08-25-2012 JONATHAN TUE NOTARY PUBLIC, STATE OF NEW YORK QUALIFIED IN SUFFOLK COUNTY NO. 01TU6192157 MY COMMISSION EXPIRES 08-25-2012 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town o f Southold's Code of Ethics nrohibits conflicts of interest on the nar~ of town officers and emolovees. The vuranse of this form is to orovide information which can alert the town of nossible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a 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, parem, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of(or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); __~C) an officer, director, partner, or employee of the applicant; or __.D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS l Town of Southold A. LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS l. 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 significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus~ each answer must be explained in detail~ listing both supporting and non- supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. SCTM# 123 A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. DESCRIPTION OF SITE AND PROPOSED ACTION 10 -2 PROJECT NAME HELEN & ROBERT KEITH The Application has been submitted to (check appropriate response): TownBoard [~ PlanningBoard[--~ Building Dept. [---] Board of Trustees [~ Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital [---] construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) ~] (c) Permit, approval, license, certification: [~ Nature and extent of action: Construct approximately 95 linear feet of low-sin vinyl bulkhead between existing low-sill bulkheads on subject parcel and adjoining parcel to west; and place approximately 20 cubic yards sand fill (to be trucked in fi.om an upland source) between proposed bulkhead and existing intertidal marsh to be planted with Spartina alterniflora (12" on center) to create approximately 190 s.f. of additional intertidal marsh, all as depicted on the project plan prepared by Eh-Consultants, dated May 14, 2012. Location of action: 995 WILLIS CREEK DRIVE, MATTITUCK Site acreage: 0.931 Present land use: RESIDENTIAL, SINGLE FAMILY DWELLING Present zoning classification: R-40 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: HELEN & ROBERT KEITH (b) Mailing address: 995 WILLIS CREEK DRIVE MATTITUCK, NY 11952 (c) Telephone number: Area Code 631-298-8508 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [~ No ~] If yes, which state or federal agency?NYS DEC & USACE C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ~Yes ~ No ~ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [---] Yes [~] No [~ Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ~ Yes ~-~ No ~-] Not Applicable The project is consistent with Policy 3 because it will result in the enhancement of the natural vegetative condition and scenic resource of the property shoreline through the stabilization and preservation of the presently eroding intertidal marsh. Without the installation of the existing low-sill bulkhead on the property in 2005, most of the remaining intertidal marsh present at the site would have been lost to erosion. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ~ Yes [-~ No ~ Not Applicable Thc project is consistent with Policy 4 because it seeks to use a structural approach to erosion control combined with the vegetative non-structural measure of marsh creation and preservation for the purpose of allowing the marsh to serve as the primary source of erosion and flooding protection for the site, which itself would otherwise continue to be lost to erosion. The proposed structural erosion protection measure is limited to the minimum scale necessary, i.e., a low-sill bulkhead whose top elevation will be below that of average high water, which must be employed where the natural protective feature, i.e., the marsh, would otherwise continue failing and be lost. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section lll - Policies Pages 16 through 21 for evaluation criteria ~ Yes ~ No ~ Not Applicable The preservation and enhancement of the existing intertidal marsh at the property improves the parcels ability to act as a sink and filter for contaminants fi-om the upland that would otherwise enter the adjacent waterway. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes ~ No ~-~ Not Applicable Because the very purpose of the project is to preserve the existing intertidal marsh and enhance it by creating approximately 190 s.f. of additional intertidal marsh, the project is explicitly consistent with the purpose and goals of Policy 6. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. Yes [--] No [~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~-] Yes [-~ No ~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes [-~ No~ NotAppHcable The project in no way precludes or interferes with existing public access to and recreational use of the adjacent waterway. Attach additional sheets if necessary WORKING COAST POLICIES ' Polic~ 10. Protect Southold's wat~lependent uses and promote sitin~new water-dependent suitable locations. See LWRP Section III - Policies; Pages 47 through 56T6r evaluation criteria. [--] Yes ~] No E~ Not Applicable uses in Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sonnd, the Peeonie Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [~ Yes [--] No [~ Not Applicable At~ach 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 [5~ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [--] Yes ~] No [5~ Not Applicable PREPARED BY ~ m ROBERT'E'. HERRMANN -- T[TLEcoASTALMGMTSPECIALIST DATE 5/15/12 Amended on 8/1/05 EN-CONSULTANTS 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com ENVIRONMENTAL CONSULTING May 16, 2012 Town of Southold Board of Trustees 54375 Main Road Post Office Box 1179 Southold, New York 11971 Attn.: Lauren Standish MAY 1 7 2012 Rc: Helen & Robert Keith 995 Willis Creek Drive, Mattituck SCTM #1000-123-10-2 Dear Ms. Standish: In regard to the above referenced property, enclosed are the following for the Board of Trustees review: Three (3) Wetland Permit Applications including: a) Short Environmental Assessment Form; b) Authorization & Disclosure Forms; c) project plans; and d) survey. One (1) set of site photographs. Application fee of $250.00 wetlands. Three (3) LWRP ConsistenCy Assessment Forms including: a) project plan. I trust this information shall allow you to process our permit request. Should any additional information be required, please do not hesitate to contact our office. Coastal Management Specialist /kbs Enc. JUN 2 5 2012 Soufhflo!d Tow~ EXTENt RIP-RAP 25 LF. TO PROPE LINE/ADJ. STONE ADJ. RET. & RETUR APPROX. 190 SF AREA TO BE BACKFILLED AND PLANTED WITH S. ALTERNIFLORA (1'0.C,) NOTE ~4) +77' 1"= 40' EX. BY TRUSTEES TOWh SOUTHOLD DATE JUL 6 RIP ,d~ IM DJ. LOW-SILL VINYL BULKHEAD EX. LOW-SILL VINYL BULKHEAD APPROX. 95 L.P. Of PROPOSED LOW-SILL VINYL BULKHEAD TO CONNECT TWO EX. LOW-SILL BULKHEADS DEEP HOLE -2 ~r,A ~ 2 7 ~dllON A-A: THRU FRQPQ~? LOW-%L VINYL- r~ULKHBA~ AND MAR~ CEUAI'ION CREEK EN-CONSULTANTS 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 631-283-6360 PROP05~P LOVV-StLL PLI. KI.f./~2 ANI9 INfClL*IlPAL M/~grl CI~^TION POR I-I~L~N/LNg ROl~ler KIf. I11-1 ON ~lf.P HO!..B CI~-BK, MAT111IJCK, 5LI~POLK, NY Prl~ibl'l Of I .~-14-12, 6-12-12 MAY 1 Z 2012 SU2VEY OF LOT 1 6 MAP OF HARBOR VIEW AT MATTITUCK FILE No. 8377 FILED AUGUST 21, 1987 S£TUA TED A T MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-12.5-10-02 SCALE 1"=50' MARCH 51, 2005 MAY 2, 2005 ADDED CONTOUR LINES JANUARY 6, 2008 UPDATE MAP NOVEMBER 28, 2011 UPDATE SHORELINE FEBRUARY 13, 2012 LOCALE BULKHEAD ALONG WEST PROPERTY LINE APRIL 5[3, 2012 UPDATE TOPO AT SW COR AREA 40,55S.21 sq, ff. (TO TIE LINE) 0.931 OC. CERTIFIED TO: ROBERT W. KEITH HELEN W. KEITH R=60.O0' LOT S.C. TAX No 000-125 10-02 5 r co' N 74 137. ----9 S 84'20 , W 48.37 THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. N,Y,S, Lic. Nc 50457 Nathan Taft Corwin III Land Surveyor Successor To. Stanley J, Isaksen, Jr. LS, Joseph A Ingegno LS PHONE (631)727-2090 Fax (831)727-~727