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TR-7950
0 • James F. King,President aQF SO(/rTown Hall Annex Bob Ghosio,Jr.,Vice-President �O� � 54 Main 1 oad P.O.54375 Box 117979 Dave Bergen 41 Southold,New York 11971-0959 John Bredemeyer G Q Telephone(631) 765-1592 Michael J. Domino I COUNTI, � Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD May 15, 2013 Ms. Patricia McIntyre New Suffolk Waterfront Fund PO Box 146 New Suffolk, NY 11956 RE: NEW SUFFOLK WATERFRONT FUND 650 FIRST STREET, NEW SUFFOLK SCTM# 117-8-18 Dear Ms. McIntyre: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, May 15, 2013: WHEREAS, Patricia McIntyre on behalf of the NEW SUFFOLK WATERFRONT FUND applied to the Southold Town Trustees for an Amendment to Wetland Permit#7950 under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated April 19, 2013, 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 to be Consistent with the Local Waterfront Revitalization Program policy standards, 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, • 2 • NOW THEREFORE BE IT, RESOLVED, that the Southold Town Board of Trustees APPROVE the Amendment to Permit#7950 to increase the amount of bulkhead to be replaced to ±395 linear feet and raised 2' above present level; increase the amount of backfill to 450 cubic yards; install ±270' of ±6' wide walkway parallel to easterly bulkhead using untreated materials, and with walkway pilings installed 8' o/c; and install temporary 4' to 6' high fencing to secure the storm eroded area along easterly bulkhead for a total of approximately 162 linear feet; with the condition that the applicant conforms to Chapter 236 of the Southold Town Code-Stormwater Management; and as depicted on the project plan submitted by New Suffolk Waterfront Fund, received on May 15, 2013, and stamped approved on May 15, 2013. 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: $0.00 This is not a determination from any other agency. Sin rely, o0 -65r James F. King, President Board of Trustees JFK:amn no OD GUY Rme 17' ummy A HIM a LOW nom :' , ~ TO eE5-1 READ POLE 2 ! .� \ DRAM RM R' 10 \ 3QT ST ME 81 co LIT N to p "332 1 A 1 -.< .rpt \ N W • .� � 1 ��- - +84UDFi10 TO BE RAMm eu .. V WOW DOCK pr •s \ '°S MR. Ln is RRf.!p Uf&UYPOLE J 00^- 7JV"r:: /�q �_ p `:�•. 3D' YLOOD DOCK ,�IIOER WRK AT ,pR wTBR .ARIL AT c,wa �5 CE C"IER PV' ,O9 a V N-RFPLILED (� RW� r� a5IE �.o N G . .A2 ,! spoor — s� ,mm*vat—E—�Qv o 1 \ �b E rn Coal mm : s OBE FtEpu J oC) • j rdi OVERGROMq GROM MWA j°'4•Z - Q .1 allot4 0, APPROVED BY s BOARD OF TRUSTEES s ! TOWN OF SOUTHOLD DATE we%y -IJiS- 20�3 ' s CEIVE+ ' ! MAY 1 5 2013cow- -` i crus caiG rAD toric- SouUord Town lord ofiru tees - - " -'-'>�... .`STEPS 0 gpFF014. Peter Young,Chairman Town Hall,53095 Main Rd. Lauren Standish,Secretary P.O.Box 1179 Southold,NY 11971 Telephone(631)765-1892 Fax(631)765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., May 8, 2013 the following recommendation was made: NEW SUFFOLK WATERF5ROMT FUND to Amend Wetland Permit #7950 to increase the linear feet of bulkhead to be repaired/replaced to +/-395'; raise bulkhead 2' above present level; install +/-270' of walkway 6' wide; install a 4' to 6' fence to secure the bulkhead area and the vacant spot where the building was removed from, running from the northern bulkhead to the n/w corner of the one-story garage and from the s/w corner of garage diagonally to s/e corner of removed building to the east bulkhead for a total of 162 If. Located: 650 First St., New Suffolk. SCTM#117-8-18 SUPPORT — with recommendation that site plan be updated to reflect recent changes Proposed by William McDermott, seconded by Derek Bossen. All in favor 0 0 gUFFO(� James F. King,President P.O.Box 1179 Bob Ghosio„jr.,Vice-President vZ Southold,NY 11971 Dave Bergen ? Telephone(631 765-1892 John Bredemeyer Fax(631)765-6641 Michael J.Domino Southold Town Board of Trustees Field Inspection/Work Session Report Date/Time: ,�- (( 2& Pat McIntyre on behalf of the NEW SUFFOLK WATERFRONT FUND requests an Amendment to Wetland Permit#7950 to increase the amount of bulkhead to be replaced to ±395 linear feet and raised 2' above present level; increase the amount of backfill to 450 cubic yards; install ±270' of ±6' wide walkway parallel to easterly bulkhead using untreated materials, and with walkway pilings installed 8' o/c; and install temporary 4' to 6' high fencing to secure the storm eroded area along easterly bulkhead for a total of approximately 162 linear feet. Located: 650 First Street, New Suffolk. SCTM# 117-8-18 Type of area to be impacted: _Saltwater Wetland _Freshwater Wetland _Sound _KBay 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: Wetland _Coastal Erosion XAmendment E _Administrative_ mergency Pre-Submission Violation Info needed: Modifications: Conditions: rti�.,,, Present Were: J. King _B. Ghosio ' -<D. Bergen, J. Bredemeyer Michael Domino D. Dzenkowski other Form filled out in the ield by Mailed/Faxed to: Date: James F.King,President �p�OS�fFQ(�CpG Town Hall,53095 Main lid Bob Ghosio,Jr.,Vice-President S Dave Berges y P.O.Boz 1179 Southold,NY 11971 John Bmdemeyer �y �� Telephone(63 1)765-1892 Michael J.Domino �Ol �� 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 I st day of construction Y2 constructed Project complete, compliance inspection (inCL&dinJ haI� Y bale he_) ill i Vl spec{ior James F. King, President *QF so Town Hall Annex Bob Ghosio,Jr.,Vice-President �0� ��� 54375 Main Road P.O. Box 1179 Dave Bergen 41 Southold,New York 11971-0959 John Bredemeyer G C Michael J. Domino �� Telephone(631) 765-1892 O�COUFax(631) 765-6641 NTI' BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD April 17, 2013 Ms. Barbara Schnitzler, Chairperson New Suffolk Waterfront Fund PO Box 146 New Suffolk, NY 11965 RE: NEW SUFFOLK WATERFRONT FUND 650 FIRST STREET, NEW SUFFOLK SCTM# 117-8-18 Dear Ms. Schnitzler: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, April 17, 2013: RESOLVED, that the Southold Town Board of Trustees APPROVE the Administrative Amendment to Wetland Permit#7950 to temporarily relocate the "Galley Ho" building to a stable area on the property; with the conditions that any proposed additional work including the permanent location of the building within the Trustees jurisdiction be applied for as required by Town Code; a line of staked hay bales to be installed on seaward side of structure after it has been moved to temporary location; and structure is to remain vacant and unused; and as depicted on the revised project plan prepared by Barbara Schnitzler, received on April 16, 2013 and stamped approved on August 17, 2013. Any other activity within 100' of the wetland boundary requires a permit from this office. This is not a determination from any other agency. If you have any questions, please call our office at (631) 765-1892. Sincerely,'`' James F. King President, Board of Trustees Sa�gStFfOt¢cPGf James F.King,President o rn Town Hall Annex Bob Ghosio,Jr.,Vice-President P 54375 Route 25,P.O.Box 1179 Dave Bogen .j. Southold,NY 11971 John Bredemeyer Telephone(631)765-1892 Michael J.Domino Fax(631)765-6641 BOARD OF TOWN TRUSTEES I TOWN OF SOUTTHOLD / I _ / TO: �G�Y�0.t c� S� hnItZIP ✓ -Poy— Me-coSI �i�b ��C FeY11D4 Please be advised that your application dated I la 3 has been Fun reviewed by this Board at the regular meeting of 13 and your application has been approved pending the completion of the following items checked off below. Revised Plans for proposed project Pre-Construction Hay Bale Line Inspection Fee ($50.00) 1 st Day of Construction ($50.00) /2 Constructed ($50.00) 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: TOTAL FEES DUE: $ BY: James F. King, President Board of Trustees F.41t Fes, DIANE & DENNIS HARKOFF March 21, 2013 RD nnMr.James King and Board of Trustee MembersSouthold Town Board of TrusteesPO Box 1179 Southold, NY 11971 Re: New Suffolk Waterfront Fund (NSWF)and Resurrection of the Galley Ho Dear Jimmy: Before we all get lost in nostalgia for the good ole days associated with this project, I wanted to share some of my concerns that 1 have previously shared with the ZBA. Some of my biggest concerns are: - above ground septic system - already congested parking - environmental ethics—with global warming we all know that more fierce storms are predicted in the future - lack of financials about this project(cost of project vs. lease income to NSW F—who pays for shortfalls?) - is there a conservation easement on this parcel or was the conservation easement only on the parcels sold off to Louis Bacon and NYS? I have recently heard there are no conservation easements on the property directly across the street from us as we thought, but I am not sure if this is fact. Honestly, I fail to see the wisdom of building in a known flood zone. In light of Sandy, why would anyone want to do this?What if we had experienced the full brunt of Sandy,as Long Beach and so many other seaside communities did — what would have happened in New Suffolk then? Will grading changes, raised buildings and septic systems cause more water to flow to First Street?Who can answer this question with certainty? Including Sandy, we have had to sandbag Legends 5 times in about 4 months, something that we have never had to do before, in such a short period of time. Rather than forging ahead on a new project in a flood zone, shouldn't we all be working together to mitigate future damages to New Suffolk,and other areas on the North Fork? We cannot keep doing the same things and expect different results. Sincerely, Diane Harkoff cc: Letter to Southold ZBA dated February 6, 2013 Storm Sandy/New Suffolk pictures tt fel IdLegends Restaurant 835 First Street DIANE & DENNIS HARKOFF New Suffolk, NY 11956 7 legends-resta u rant.com February 6, 2013 E Q E Q V E Ms. Leslie Weissman, chair �l PpR D 2 2 2013 Southold Town Zoning Board of Appeals Southold Town Southold Town Southold, NY 11971 oar otTru tee RE: New Suffolk Waterfront Fund (NSWF) Dear Ms.Weissman: We have grave concerns with the New Suffolk Waterfront Fund(NSWF) installing a restaurant along the waterfront at the old Galley Ho location.As the owners of Legends,we understand all too well the fragile ecosystem near the bay. In the past,we did support a restaurant in the Galley Ho location, but storms like Irene and Sandy in recent years have caused us to change our view. We have suffered physical,financial and emotional damage caused by Mother Nature. In light of recent storms like Sandy, we feel changing the ecosystem by methods such as installation of above ground septic systems,grading and additional parking need to be thoroughly considered before any plans are advanced. We want everyone to think about this with their eyes wide open, and think long and hard. Among the issues we feel need to be addressed are: • Septic system and grading: - A bit of history: In the 1990s, Henry Raynor(and possibly a partner) owned what is now the New Suffolk Waterfront Fund Front property. The property often flooded (creating what was known locally as 'Lake Zito')and the owners did some minor grading to alleviate this issue. Unfortunately,the grading didn't eliminate the lake; it merely moved it north to the parking area across from Legends.This lot became known as 'Lake Legends' and was subject to flooding even in minor rainstorms. Parking was extremely limited in inclement weather; often our guests would have to wade out of the restaurant to move their cars out of the parking area and move them to higher ground as Lake Legends filled. - We understand an above-ground septic system is proposed for the new restaurant. After Sandy hit, according to news reports, opening up similar systems in other low-lying areas on Long Island and allowing waste to flow into the Sound,the Ocean and assorted bays and inlets, we feel allowing an above-ground septic system is inviting this risk in a way that is unacceptable for the environment.The fact that the dimensions and cost of such a system are unknown at this time makes its installation an even larger threat to Peconic Bay. The system's dimensions must be established and scrutinized as to environmental impact before proceeding. First Street is New Suffolk's Main Street equivalent, with a few businesses,a post office and homes.An increased threat of flooding makes life more difficult for residents who are often trapped on their own property during weather events. Will a bulkhead be built?This also concerns us; Could it force water to rise even higher and sneak around Captain Marty's and cause even worse flooding on First Street? Sandy's effect was particularly dramatic, but as anyone who's seen the front of Legends getting sandbagged before moderate storms can attest, flooding is always a risk here; if you can't secure all openings to the sea, could raising the bulkhead could make it even worse? We feel that an engineering project of this size, especially in light of current environmental conditions,should be soundly vetted by experts.The U.S.Army Corps of Engineers has been called in for similar projects;we'd like to see them (or someone they recommend) as consultants on the proposals for the New Suffolk Waterfront and possibly assist in damage mitigation before another big storm hits. Other municipalities have made such arrangements to protect their environmentally at-risk areas from severe damage and New Suffolk would benefit from their expertise as well. • Parking: New Suffolk parking is already limited by the size of the area. Between a restaurant, a shop, a beach, a 24-slip marina, a fishing station and a park, parking for day visitors,guests of residents and cars and trucks bringing boats to launch is already extremely limited. Several years ago, New Suffolk asked Southold town to restrict parking in the area (limits on parking for boats with trailers;time-limited parking in front of the post office; parking prohibited on Jackson Street); while these restrictions did help residents,they also push parking toward the waterfront and restrict parking for Legends'guests. We are concerned that adding another business without sufficient additional parking will make this situation even worse. In the summer,cars are parked along local roads in front of homes and partially on lawns. Another business would be a detriment to those who live here. Southold Town code needs to be followed in its requirements for parking for a new restaurant.A 118-seat restaurant, or a 5S seat restaurant, would require substantial new parking for customers and employees to avoid making on-street parking even more unbearable. The current parking lot(parallel to Capt Marty's and marked "New Suffolk Waterfront Fund PARKING LOT ONLY") was established in the fall of 2012. We are concerned as to the availability of this lot for local visitors and want to ensure that this is not going to be turned into a de facto private lot for restaurant guests or counted toward the required parking for a new restaurant. This parking lot should be available for visitors to the entire area and not merely used to meet the code requirements of a new business. • Financial considerations: We understand that a restaurant on NSWF property may help pay for some upkeep of the property,yet how much?A restaurant is not a panacea for all that ails you; on the contrary, it can be a huge financial drain. Expected revenues and NSWF expenses,especially since the NSWF will not be directly running the business, do not seem to have been thoroughly analyzed.The lack of transparency has us concerned as well. - What is the cost of moving or rebuilding the old Galley Ho building(including hiring architects and engineers), installing code-compliant sprinklers and building a septic system? Such costs are substantial and may not be feasible when compared to potential revenue flow. - What is the expected leasing fee for the building?Would this fee be tenable for a potential leaseholder? NSWF may spend money on rebuilding and making the space ready for business, but the cost of a lease, utilities,flood insurance and other expenses might make potential lessees balk. - What will be the restaurant's tax status insofar as NSWF's 501 (c) (3)status?With a commercial business not directly related to the 501 (c) (3)status, remove the property tax exemption? I would think so. This status does allow for operation of money-making ventures on the property, but the venture must relate to the property's purpose, like a museum's gift shop relates to the museum, in a way that doesn't jeopardize the not-for- profit status. - Are contingencies in place for damages incurred in the next Sandy?We are concerned that the NSWF could turn into a de facto guarantor of uninsured expenses for a business on its property, removing the incentive for those who contribute to the Fund who do so in the hopes of helping the NSWF maintain an open space for all.Solicitation of additional donations could be hampered if a large portion of the money goes toward recycling funds into repairing buildings, landscaping that constantly needs replacing due to salt-water flooding,toward the purchase of flood insurance every year and covering expenses not covered under flood insurance. • Environmental ethics: In Governor Cuomo's State of the State address, he said, "Climate change is inarguable, because 100-year floods are arriving everyfew years. ... There are parcels that Mother Nature owns. She may only visit once every few years, but she owns the parcel and when she visits, she visits (italics ours)."Those of us who live or own businesses in New Suffolk know this firsthand.The attached photos show the area even before Sandy's peak. Legends borrowed 2 y:-3-foot-high concrete barriers to prevent flooding and still sustained more than $300,000 worth of damage to the building and equipment(with our insurance claim still unpaid); this number excludes our loss of business! - Cuomo also stated, "New structures and major renovations should meet stricter 'survivability'standards(italics ours)." We are concerned that we will all pay a high environmental price for a new structure so close to the water here. We don't need a boondoggle of an endless cycle of damage, closure while waiting for government or insurance money to arrive, damage repair and loss of income after the next storm. It's a price we all end up paying,whether it's due to diversion of scarce government funding, increased insurance rates, or donations to victims. We should all be working together to mitigate future damages in a flood zone.To us,that is far more important than building new things. Additional building is a risk to all of us who currently live and work in New Suffolk; let's try to better protect those properties that are already extremely threatened in storms. We have already implicitly agreed to take on some risk as the cost of having the beauty of the area around us, but we need to make sure any future development does not bring additional risk to this fragile beauty. There are a number of alternate projects that would have lower costs,cause fewer parking issues and have a lighter environmental impact;some would also provide valuable services to waterfront visitors both by land and boat. For example, a T-shirt and snack shop, like near Claudio's, could sell bags of ice and drinks for boaters,snacks for beachgoers and souvenirs for visitors. A pavilion that allows water to flow under pilings could support a lunch truck.As we always say, if New Suffolk could investigate the feasibility of taxing New Suffolk residents and businesses$500-1000 per property, maybe in the long run that is a simpler and more environmentally proactive solution. Surely we can meet community needs without rushing into a huge project with untested impact. Maya Angelou said, "The wise woman thinks twice and speaks once;" we should strongly consider those words before beginning any new projects here in New Suffolk. Sincerely, Diane Harkoff Attach: Storm Sandy in New Suffolk T . 9, ,.. vrn - 4fi. u S�[J1r VEY OF PlROPEPTY SCHOOL ,,MASE L111D 5IT �P,,.')� 1 , USI I ED Al OCT 23 2012 NIEV SUFFOLK MRLNARM E,REET - ARFA DATA ; ----,-, • -- SOWN OF SOUTHOLD E � � LOT 1 LOT z - SUFFOLK COUNTY, NEW YORK aINGEIaL_r SUBJECT S . C . TAX No. 1000- 117- 08- 18 pREMISEs SCALE 1 "=30' A� uF � j UPLAND AREA 85,149 sq. ft. 45,545 sq. ft. �I 1 .955 GO. 1 .046 ❑O. JULY 6, 2005 LA DO FEW"rF.,B AVE RAN, srREU - BEACH AREA & 8,155 sq. ft. 10,476 sq. ft. NIOVENI 19, 2005 ADDED AREA OF NEW YORK STATE LAND GRANT r / REVETMENT AREA 0.187 ❑c. 0.240 cc. OCTOBER zs, zoos ADDED Low BAYER MnRK II _ NOVEMBER 21, 2007 UPDATE SURVEY ^LJL�mL �4 %' MARCH 1 7, 2009 ADDED GRADE ELEVATION L� TOTAL 93,304 sq. ft. 56,021 sq. ft. MAY 27, 2010 ADDED ADDITIONAL NOTES aAcusow sm T 2,142 ❑c. 1 ,286 cc. JANUARY 11, 2011 SUBDIVISION MAP S.C. TAX No. 1000-117--8-18 AREA = 149,325 sq. ft. (PO oeTIE LINE) 3.428 CIG. _KEY MAI' TOTAL NEW YORK STATE LAND GRANT AREA = 105,000 sq. ft. SCALE 1 "=500' 2.410 cc. NEW YORK STATE LAND GRANT LESS = 93,175 sq. ft. P/0 S.0 TAX No. 1000-117--8-18 AREA 2139 cc. TOTAL NEW YORK STATE LAND GRANT AND = 242,500 sq. ft. S.C. TAX No. 1000-117--8-18 AREA 5.567 Do. CERTIFIED TO. ���„ T � STREET w FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK 1°� IJ JI �� PECONIC LAND TRUST FEurvM -� 0 <O LONG Mary ^ N I 3 N/o/F NI S 83'29'29" E 00J - PRrLLA LORIA ° 1 1 3.47' Co GO mS 83'47'30" E 138.22; I - a ° 1 STORY FRAME WILDING �� `za wo o GMcu 3a FLOATING / / comc o, 71DREA000 Poco p/may 'n a4 v� CHIMNEY- GUY WIRE ' 4 ILL/ z%= y J� • f HIGH k`LOW WAiEP MPRHS nIONC WFOR RULNHEAU COPC SUPER UiILI1T vBUENIFING ANt tir8 ,• MRAIN� ErlcEosuRE �' POLE NvA z s " ' - -• % •�> 11M N AoV,- FOR A/c UNaU / oxAN 'r V > C i \ REMAIN �® ry - J _ - V 6 0 ° R ✓Lass ° .Za - J`� L .,v �� LEDo.. wnrER -°.IJ"L \ aP ie e_ 7 E N ,wnwE HOr Lax _ _ RAP - UL r ° Mrvcome' \ Lor PN '). 4 � - mnTER� �PAg. s '-ncF AFTER v1] 1P _vL N WAY G'OERS " \ ,43 5521 ° °M'All/a rest IAGLE el ° NLD _ "CANNING Sl41nICFRA r11Pp RIM M1 }tt ° v-20, �� J NOIRE 9' ,GO,AS GIROEM -. UIINN Yp x m O _ • -s 67 W000 OOCI( . 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I-FISETE i M l` a-` TOWN OF SOUTHOLD w �� o A/�� DATE 3 OR M w uolLEY "A� l l qq i A CD DATER M 1csT n°¢ ea� 01 / / , 6 y ( y V / vmvv JMi)r, l , • u7 • l l / SO I �J 0 ' I O ' = p canvEL AREA (PARTIALLY ovERca°wrv)-� 40) Z A OEF l JI /.NO �' •rl A AX ' .,7 cNnw uNu :ENCE _s2 DESIJr Boyo 'ITT' S/ _FAT LL� OA,, Ll AN WREN OF TREES S / Y N 83°05'30" W 204.43' N, N/O/F ROBIN ISLANS HOLDINGS LLC NOTES 1 . ELEVATIONS ARE REFERENCED TO N G.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS: EXISTING CONTOUR LINES ARE SHOWN THUS: - - - - - -4- - - - - Ac - FIRST FLOOR ¢FL - GARAGE FLOOR ry -- TOP OF PIPES AND Be - BOTTOM OF BELIAHEAo nv - TOP Or WALL "I - B070M OF WALL PREPARSTANDARDS IN AEcoa EANLE ILIS TA_ TABLIPM APR 1 6 2013 By THE Fs AOR A P suavL6 As DF ADFITFL0 By THE uAL s ANn aPPROVEo AND ATE LANs FOR sucH USE ev rHN NEw ✓aur STATE LAND mLE assomanOn� TEST HOLE Q7 TEST HOLE' B2 (rest Fla E ouc 9Y MCOONnLo_GFO O ENCE ON MAY 19, OPEC) autrotd Tawn INN LOAN L� �LX,P µM..M mml PPav�GL _ .M s.PM�A:M :PNMI'D �PreLAM MEMPF A. APOLLO—El = P1 t S Lac. N0 50407 r -- TO THIS nLr A VO OR AoowOlN PALO. Ire PILE "Mw, ",. IP:M :L,.,P ,. �wL,µM=w AE THIN SURMEr 15 A MIOLATIYU 0' Nathan Taft Corwin III - SECTION 7209 OF THE NZw ruRL srnrE EvucATEN Inw ;FF UNAo THIS DIIED SEL ERRING Land Surveyor GABOssLO SCA INDICATED SHALL Dor 3_ LONEmEiEI BU C ° - s7 se - TO 9E A VALID TRUE coag )LI ( 1D T-IE ER -,' YERmrI sHnu Rwa oLLr IM HE PEw3aM -OP BLUE, THE .UEVL. SUC r TO. StEmC9 J T, Jr IAS _ Is ALL PARED AMIE ON HIS BEHALF TO THE Jas=7h A Ia]"qr0 1 -' IFFE COMPAGE, CLI PONNLY ANo LENDING IN,REUTION LISIED uEREON ADD Lbs `,'e ve vs - Slmnwrsmas - S,te Plan. - c'0nstruCbon LEHN,l To TIE ASSIGNEES OF AHd LCNm 1c IMsn- w - 1UTION CERACRONES ARD NOT ARAIJSrEv,ULE PRONE (631)727-2090 Ea, (F51)727-1727 THE EXISTENCE OF RIGHT OF WAYS OFFICES LOCAILG Al MAILING ADDRESS AND/OR EASEMENTS OF RECORD, IF 1561, MEIa FPEd F 0 HEN 15 ANY, NOT SHOWN ARE NOT GUARANTEED FELT...... New YALE 11947 JEmeSEOF(, NO, YEAR 11947 27 -431 get-attachment.aspx(JPEG Image,960 x 720 po http://niail.aol.conV310-111/aol-6/en-us/mail/get-attachment.aspx?... DiECE w, �s N h t � nIV E7D 2 outhold town Board of Truses �__.._ I of I 3/20/2013 2:33 PM Cantrell, Elizabeth From: David Bergen <bergend@sunysuffolk.edu> Sent: Wednesday, April 17, 2013 9:52 AM To: Cantrell, Elizabeth; Nunemaker, Amanda Cc: Bob Ghosio; Michael Domino; Bredemeyer, John Subject: New Suffolk Waterfront I looked at Galley Ho proposed location this morning and all looks fine. Dave 1 �gpFFO( James F.King,President p CQG P.G. Box 1179 Bob Ghosio,Jr..Vice-President d� Southold,NY 11971 Dave Bergen Telephone(631 765-1892 John Bredemeyer Fax(631)765-6641 Michael.I.Domino 4,of Southold Town Board of Trustees Field Inspection/Work Session Report Date/Time: IW(2 Ap 20 13 1S ; z O 1 ij )_/z J S '1zV' r `a NEW SUFFOLK WATERFRONT FUND requests an Administrative Amendment to Wetland Permit#7950 to temporarily relocate the "Galley Ho" building to a stable area on the property, new permits will be applied for when the building is ready to be moved to its permanent location. Located: 650 First Street, New Suffolk. SCTM# 117-8-18 Type of area to be impacted: _Saltwater Wetland _Freshwater Wetland _Sound B Distance of proposed work to edge of wetland Pa,Vbf Town Code proposed work falls under: V Chapt.275 _Chapt. 111 _other Type of Application: _Wetland Coastal Erosion _Amendment �dministrative_Emergency, —Pre-Submission Violation Info needed: Modifications: Conditions: ,1'5�Mjo6 "`'14 Y 6D C'/f T/D A' _0 N L 4, LL- rc t? t 1" y 9TYs �-- Present Were: J. King _B. Ghosio D. Bergen, J. Bredemeyer Michael Domino D. Dzenkowski other Form filled out in the field by J � lei Aj �-- Mailed/Faxed to: Date: OFFICE LOCATION: ��q SOUjyO MAILING ADDRESS: Town Hall Annex h0 l� P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY 11971 n Q Telephone: 631 765-1938 • �O Fax: 631765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Jim King, President TE;Q 1 4 20013 U Town of Southold Board of Trustees From: Mark Terry, Principal Planner Bozrd Southold Tom of Uuste LWRP Coordinator Date: May 10, 2013 Re: Proposed Wetland Permit for NEW SUFFOLK WATERFRONT FUND SCTM#1000-117-8-18 Pat McIntyre on behalf of the NEW SUFFOLK WATERFRONT FUND requests an Amendment to Wetland Permit#7950 to increase the amount of bulkhead to be replaced to ±395 linear feet and raised 2' above present level; increase the amount of backfill to 450 cubic yards; install ±270' of±6' wide walkway parallel to easterly bulkhead using untreated materials, and with walkway pilings installed 8' o/c; and install temporary 4' to 6' high fencing to secure the storm eroded area along easterly bulkhead for a total of approximately 162 linear feet. Located: 650 First Street, New Suffolk. SCTM# 117-8-18 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 actions are CONSISTENT with the Policy Standards and therefore 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 James F.King,President OF souls Town Hall Annex Bob Ghosio,Jr.,Vice-President ,�0� Oho 54 Main Road P.O.. Box 1179 Dave Bergen Southold, New York 11971-0959 John Bredemeyer co Michael J. Domino �� Telephone(631) 765-1892 OCOU '�.�1 Fax(631) 765-6641 . p ECEIVE BOARD OF TOWN TRUSTEES APR 19 2013 TOWN OF SOUTHOLD old own APPLICATION FOR AN AMENDMENT TO A WETLAND PERMIT DATE 6(11 g l3 10 OWNERf)6, O Sdglk 4 �L PHONE / G31-/✓W 5663 Vl�--3?3-G0o � ADDRESS Q1 t' � 1 AGENT i�vl r[Cla �Li ti�/rt? ( PHONE ADDRESS PROPERTY LOCATION TAX MAP NO. I/We &6(c!a (yrs/ request an Amendment to Permit#-2v5 5 cz to See §d'e�� Signed By: CC/ Cyt/ Amendment to Permit# 7950 The following amendments are due to storm damage. 1. Increase the number of linear feet of bulkhead to be repaired/replaced to +/- 395 feet. a. Increase the backfill, per contractor recommendation, from 125 to 450 cubic yards. b. Raise +/- 395 feet of bulkhead 2 feet above present level (227 already approved 11/14/12). 2. Install +/- 270 feet of walkway (+/- 6 feet wide) landward/parallel to east bulkhead from the NE end of property to the cement at the SE part of the northern section (C to J on site plan). a. Untreated lumber walkway on pilings 8' center for a total of+/- 33 pilings. 3, 746 C464 b ti - ",WWI 74 �a4ez . � -5-11) 1 Nunemaker, Amanda From: Patricia McIntyre <pat.mcintyre11@yahoo.com> Sent: Tuesday, April 23, 2013 2:16 PM To: Nunemaker, Amanda Subject: Permit 7950 Amendment Re item # 3 - Please insert the word 'temporary' before the "4 to 6 foot fence". Thanks, Pat McIntyre t PROJECT ID NUMBER 61720 SEAR APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1 -PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1.APPLICANT/SPONSOR 2.PROJECT NAME eA_i 3.PROJECT LOCATION: SS / Municipality —Y4�JC 504Ad ( County jc, 4.PRECISE LOCATION: Street Addess and Road Intersections, Prominent landmarks etc -or provide map 6fF -1 sa Fe,sf+ Graftf's , X144 S W/'(.t5) 5.IS PROPOSED ACTION: New ❑Expansion F1 Modification/alteration 6.DESCRIBE PROJECT BRIEFLY: J3 lig he�_�l;&) s � 7.AMOUNT OF LAND AFFECTED: Initially L_ acres 4-1 Ultimately acres 6.WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? Yes ❑ No It no,describe briefly: 9.WHAT IS PRESENT LAND USEINVICINITY OF PROJECT? (Choose as many as appy.) ❑Residential n Industrial A it commercial ❑Agriculture 1:1 Park/Forest/Open Space Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL ArrG�cc��ENCY (Federal, State or Local INYesRNo If yes, list agency name and permit / approval: .. .T.,� 11.D ES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes F]No If yes, list agency name and permit / approval: 2. AS A RESULT OF PROPOSE ACTIO WILL EXI ING PE MITI A�P7PROVAL REQUIRE MODIFICATION? es ❑No P1 4 1 CERTIFY THAT THE INFORmATfIN PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponsors Date.- l�Signature / 12 If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment Amendment to Permit# 7950 The following amendments are due to storm damage. 1. Increase the number of linear feet of bulkhead to be repaired/replaced to +/- 395 feet. a. Increase the backfill, per contractor recommendation, from 125 to 450 cubic yards. b. Raise +/- 395 feet of bulkhead 2 feet above present level (227 already approved 11/14/12). 2. Install +/- 270 feet of walkway (+/- 6 feet wide) landward/parallel to east bulkhead from the NE end of property to the cement at the SE part of the northern section (C to J on site plan). a. Untreated lumber walkway on pilings 8' center for a total of +/- 33 pilings. 3, `ls7 dot a �� 5 s044-- Nunemaker, Amanda From: Patricia McIntyre <pat.mcintyre11@yahoo.com> Sent: Tuesday, April 23, 2013 2:16 PM To: Nunemaker, Amanda Subject: Permit 7950 Amendment Re item # 3 - Please insert the word 'temporary' before the "4 to 6 foot fence". Thanks, Pat McIntyre t PART It- IMPACT ASSESSMENT To be completed by Lead A enc A. DOES AC nON EXCEED ANY TYPE tTHRFSHOLD IN 6 NYCRR,PART 617.4? If yes,mate the review process and use the FULL EAE. 0 Yes Q No 8. WNl.ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN NYCRR,PART 617.6? If No,a negative dedarstath may be superseded by another Involved agenq. - - M Yes ©No C.COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwdten,If legible) C1. F*AV air qually.surface or pro ndwater quality orquaatty.noise levels.existing traffic patem,solid waste production or disposal, erdial for erosion,drainage or flooding problems? Explain biiety: C2. Aesdw to,agrfculbiral,archaeological,historic,or other natural or cA=kKW resohroes;ar community or libodhood character?Explain btiety: C3. Vegetation or fauna,fish,shell 'or wtdtfe species,significant habitats,or threatened or endangered species?F-Vain briefly. C4. A community's existing pians or goals as officially adopted,or a change in use or intensity of use of land or other natural resources?Explain briefly C5. Growth.sub p ... .. Sequent dew o ment,or related activities likely Ie be induced by the proposed action?Explain briery: C6. Long tern,short lens,cumulative,or other effects not idenbHed in Cl CS? Explain briefly: - - impacts ndgdi changes in use of either uan't :. C7:Ether' ort of ener ? E Iain bnefl D. WALL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT ENVIRONMENTAL AREA CAUSED THE ESTABLISHMENT OF A CRITICAL CEA? If . s, inbde QYes In, No E. IS THERE,OR IS THERELIKELY To Be RELATED TO POTEPi17/1lADVERSE ENVIRONMENTAL IMP If . ❑ Yes Q No PART W-DETER111111 OIt OF SIMFICANCE(To be oompieted by Agency) MTRIICTIONS: ForeadiadverseeteetkWdfledabove,dehxminewhetlertissubstaoti il,huge,iatportantgottetwbesigaltctatt Each etTed should be assessed In eovinedim with its(a)sung(Le.urban or wrap;(b)ptobabitg of ocatmrg;(c)dufattan (d)imewBslbittY (e) suflidentdeaNlobahowOWdtabliantadverse •addevebeen e mid orreferenceequatel a dressed.malarials. Ensure thateXpienatonsotatain Yes thedeterntirtafionofeigtlififanosrtwbtavatua b and adequately addressed. IfquaafbRdofpart6wasdMcked PotentialknpadoffheProposed action ontheemikearmarbalahatadedsfksof the CIA �16 boa tYoutttilf"0nBtad One orators pirtargiatylarge orsignificantadverse,Impacts which MAYoogtc Thenpeceeddiecaytolha Prepare a positive dedmafron. Check this box if You have determined,based on the information and proposed a analysis above and any suppor"doamettaton.that the M WILL NOT result any significant adverse environmental impacts AND determination. provide,on attachments as necessary, Ilhe reasons supporting thl Board of Trustees Name of Lead Agency Date President Print or Type Name of Responsible Officer in Lead Agency Tule of Responsible Officer Signature of Responsible Officer in Lead Agency Sranafure of Prenares lit dRh+ronr r...,.,xe�.,.,..�,rue„rc,.-.h • h�o�pSUFFDL troGy • 3 James R King_President ti - Town Hall.53095 Main Rd. Bob Ohosio..lr.,Vice-President ,�. P.O. Box 1179 Dave Bergen '� Southold,NY 11971 John Bredemeyer7/ 0� Telephone(631)765-1892 Michael J. Domino �'� Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD --------------------------------------------------------------- In the Matter of the Application of NEW SUFFOLK WATERFRONT FUND COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING TO BE COMPLETED AFTER POSTING REMAINS IN PLACE FOR EIGHT DA KV I, 96� (ei ry ✓Q, residing at/dba1g7U (7-rrc�'LU)n4// AY being duly sworn, depose and say: That on the day of 201f, I personally posted the property known as 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 Wednesday, May 15,2013. Dated (signature) Sworn to before me this 15tray of 11 15)20 1 Notary Public BONtaNry Pubs. State ellAZZ New RRO RO No. O1MA466761Y Qualified in Suffolh County Commission Expires August 31,20" , NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD BOARD OF TRUSTEES at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. AVew ��( k OWNER(S) OF RECORD: WD4-errcrar 4 Fotf'J An Amendment to Wetland Permit #7950 to increase the amount of bulkhead to be replaced to SUBJECT OFPUBHC HEARING: ±395 linear feet and raised 2' above present level; increase the amount of backfill to 450 cubic yards; install ±270' of±6' wide walkway parallel to easterly bulkhead using untreated materials, and with walkway pilings installed 8' o/c; and install temporary 4' to 6' high fencing to secure the storm eroded area along easterly bulkhead for a total of approximately 162 linear feet. TIME & DATE 'OF'' PUBLICHEARING: i 6'%�Arr&y 06-Y IT� 01013 CW 0&104� 57's 3opm If you have an interest In this project, you are invited to view the Town file(s) which are available for inspection rior to the day of the hearing during normal business days between the hours ofp8 a.m and ,4 p.m BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631 ) 765- 1892 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name:// Address: P0 I,30C ppulI'o%� Sad l livid laW ,:/ �le�hC �C lI '/ I, ck� rig � po 1197/�auTlnol� �� J'ouWoIcl /"wN (Dee* dame s ql k auA,e > )Q rel /��S -Rt 40w,rjfs 0)v�e)✓eRdeeP�ku rTFs 1-q5/ to ,'1 �! `�, - l r/ ��2./ N� l✓y /U020 NI�W �u ��ol k sh,n G �`1nTic 1 -Pp box 55, >�Pu, . yFro lk tv �ciN e �e PO 60xGla Mew LFFo(l-C (\I e/ // 956 �� l� M Fishes —Po Boy 31 a New SUrrolK, NV / ) 9.56 1, t Fla ,gH elPs �t �Trc�tSr Po -80x3 / �W Spkl-FlK N-L/ ilgs4 �YcT 4 OD -Bo( a ( � A/PCU dut�Folk N� 1, y56 eocfvs ns r 2. Geo2GP 1�0.u1✓ po BoX63s � NPW 9urrof ✓<� Nt / I9S6 STATE OF NEW YORK COUNTY \OpIN OF SUFFOLK, C� J - 1 / r I Ci21 � A) , residing at Rrb() a IV 11'Y N 2 W - -o IK , being duly sworn, deposes and says tliat on the day of 140 &1 20� deponent mailed a true copy of the Notice set forth in the Board of TnYstees 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 /L&L) -5t /K k that said Notices were mailed to each of said persons by CERTIFIED MAIL/RETURN RECEIPT. Sworn to before me this Day of`7/�, 20 1-3 s.0 ".L.BERRY Notary Public Notary Pu*": Slate o6"'a11yC% No.91BE4.-V161 9 Quaw in suff k Term eoes YhaCenb C3 W NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In �A the matter oof' applicant: � IVP�,J Stlf� CIC N/G i� ran// SCTM# ll z� YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Rj� LA, / 490-d Q.n / - i✓�,/T�f� s2a4�/,e2 � 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 6S6 F�rs� S f New Su� a tg s-6 (C� 15t, S of klet5 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: 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. I` / / PROPERTY OWNERS NAM lVP.4J SaA�6 AT"U� MAILING ADDRESS: O e(c�_� 46✓y [1 -5-6 PHONE #: w3 f— S6 6 —od�o h AGENT: MAILING ADDRESS: P O AV 6.3ecJ K Fc /tJ y ((Qs^,6 PHONE #: 917— 313 —oo o y r Enc: Copy of sketch or plan showing proposal for your convenience. Amendment to Permit# 7950 The following amendments are due to storm damage. 1. Increase the number of linear feet of bulkhead to be repaired/replaced to +/- 395 feet. a. Increase the backfill, per contractor recommendation, from 125 to 450 cubic yards. b. Raise +/- 395 feet of bulkhead 2 feet above present level (227 already approved 11/14/12). 2. Install +/- 270 feet of walkway (+/- 6 feet wide) landward/parallel to east bulkhead from the NE end of property to the cement at the SE part of the northern section (C to J on site plan). a. Untreated lumber walkway on pilings 8' center for a total of+/- 33 pilings. 3, Board of Trustees Application County of Suffolk State of New York f t ( /' f 1"t BEING DULY SWORN DEPOSES AND,AFFIRMS THAT HE( IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S).AND THAT ALL STATEMENTS.CONTAINED HEREIN ARE TRUE TO THE BEST-OF HISMER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAT" ' 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. rUNDBROR BY VIRTUE OF SAIDPERMIT(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''CONIUNCTION WITH REVIEW OF THIS APPLICATION. Signature SWORN TO BEFORE ME THIS b DAY OF 20a Notary Pulilic MICHELLE DI$TASIO - Notary Public,State of New York . - No.4994753 - - - Qualified in Suffolk.County . - Comrnisslon.Expires May 22,20 Board of Trustees Application AUTHORIZATION O ( (where the �applicant is not the owner) W((4 esiding at !pO (print owner of property) (mailing address} do hereby authorize 06-:t ;z 95a9l—r-P (Agent) to apply for permit(s) from the Southold Board of Town Trustees on my behalf. (owner's signature) • 44 NEW SUFFOLK WATERFRONT FUND creating the future of our waterfront April 19, 2013 Board of Trustees Town of Southold PO Box 1179 Southold NY 11971 To the Board of Trustees, The New Suffolk Waterfront Fund is aware of our application for an amendment to Wetland Permit 7950 to increase the amount of bulkhead to be repaired/replaced, increase the amount of fill and replace old decking/walkway. Thank you, Barbara Schnitzler Chair, New Suffolk Waterfront Fund PO Box 146, New Suffolk, NY 11956 ❖ www.newsuffolkwaterfront.org APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the partof town officers and employees_The nn se er this form is to provide information which can alert the town of Wssible conflicts of interest and allow it to take whatever action is necessary to avoid same. nn / /// YOUR NAME: �, )Z4-1 L� [� (N q7L &j (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 theother person's or company's name.) NAME OF APPLICATION: (Check all that apply.) - Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (if"Other",name the activity.) Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest"Business interest"means a business, including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO /� If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person - Describe the relationship between yourself(the applicantlagent/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,partneror employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this dayf20_L=� Signature Print Name c �. Form TS I 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 malting a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. ! I 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) 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 Trust Plannin Department, all local libraries and the Town Clerk's office. D 0 N9 B. DESCRIPTION OF SITE AND PROPOSED ACTION j APA 1 9 2013 SCTM# L12 - g_-�8 PROJECT NAME utbold Town I The Application has been submitted to(check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees Link I. 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) � I (c) Permit,approval,license,certification: i Nature and extent of action: 4 , 4 :4It Amendment to Permit# 7950 The following amendments are due to storm damage. 1. Increase the number of linear feet of bulkhead to be repaired/replaced to +/- 395 feet. a. Increase the backfill, per contractor recommendation, from 125 to 450 cubic yards. b. Raise +/- 395 feet of bulkhead 2 feet above present level (227 already approved 11/14/12). 2. Install +/- 270 feet of walkway (+/- 6 feet wide) landward/parallel to east bulkhead from the NE end of property to the cement at the SE part of the northern section (C to J on site plan). a. Untreated lumber walkway on pilings 8' center for a total of +/- 33 pilings. 3, - bwlktieef "A-, a � s � - 1� 6��`z, 74 New slw t4agoe- � - Nunemaker, Amanda • From: Patricia McIntyre <pat.mcintyre11@yahoo.com> Sent: Tuesday, April 23, 2013 2:16 PM To: Nunemaker, Amanda Subject: Permit 7950 Amendment Re item # 3 - Please insert the word 'temporary' before the "4 to 6 foot fence". Thanks, Pat McIntyre t Location of action: �ecfy �� G�/ L�%� ylG{ 4>'tl.L Site acreage: Present land use: MCl1LGft� Sy Cc df�//%l Flafc Present zoning classification:/ 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: �G'GL) / y � Al/�l/R �Jr�ur/'t/GG7 (b) Mailing address: (c) Telephone number: Area Code ( ) fo J�� F�3 �-.Jt t7(0 3 0I- ( 3�� � ���ro (d) Application number, if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ NoX If yes,which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. 'MYes ❑ No ❑ Not Applicable f)V S r P 1S alea !n US d u "cl c7 Lcl/1 C22'2IiN/i.N/'7y" i 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 W lL StaL m u .ems 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 T5Q Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria Yes ❑ No ❑ Not Applicable v�f l an r Al 1 //,tA Oro 11)Q� c Attach additional sheets if necessary i 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 IzNot 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. ❑ ❑ Yes No Not Applicae 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 J� 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 K Not Applicable i i 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❑ Not Applicable I l EDatl✓/Y /2C2i,tR �X� 'P US 'L rylah�r. . Q I Attach additional sheets if necessary WORKING COAST POLICIES • Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III-Policies; Pages 47 through 56 for evaluation criteria. Yes ❑ No ❑ Not Applicable Sl iil/ L1 i) i D i r nA Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. %Yes ❑ No ❑ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No Not Applicable I L I i 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 9 Not Applicable i I PREPARED BY Cf4rt 64 IV-[" TITLE &a /% Mit— DATE �i�3 �i'ccJ SuG��� Cantrell, Elizabeth From: Randolph, Linda Sent: Friday, April 12, 2013 10:26 AM To: Cantrell, Elizabeth Subject: LW RP's Hi I just spoke with Mark. He said to tell you all the LWRP's this month can be marked "inconsistent." Linda t • • afer ;cc�l-e Gvnbzu -G�l� c�tf 1 cud altAJ p E C E I V E rf ` J APR 16 2013 L Southold Town 0 • James F.King,President OF soyo Town Hall Annex Bob Ghosio,Jr.,Vice-President ,�O l� 54375 Main Road P.O. Box 1179 Dave Bergen Southold, New York 11971-0959 John Bredemeyer G Q Michael J. Domino � �0 Telephone(631)765-1892 COU /�Faxx(631`)'765--6641 BOARD OF TOWN TRU S D v G ' r G D TOWN OF SOUTHOLD APO 1 & 2013 awn APPLICATION FOR AN AMENDMENT TO A WETLAND PERMIT DATE 14 l q ,I2Z ?) /y n OWNER A PHONE TADDRESS F O L / �_- AGENT PHONE 3 ADDRESS PROPERTY LOCATION TAX MAP NO. 111 I/)J e 1 request '-a�n—Amendment to Permit# to knA C30 Y-W, Signed By: "Wig N✓`l/ Glomi►,i N S w F =` } NEW SUFFOLK WATERFRONT FUND creating the future of our waterfront April 15, 2013 Board of Trustees Town of Southold PO Box 1179 Southold NY 11971 To the Board of Trustees, The New Suffolk Waterfront Fund is aware of our application for an amendment to Wetland Permit 7950 to temporarily move the Galley Ho building. We understand that this is an administrative permit application. Thank you, Barbara Schnitzler Chair, New Suffolk Waterfront Fund PO Box 146, New Suffolk, NY 11956 ❖ www.newsuffolkwaterfront.org James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredcmeyer 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. 7950 DATE: NOVEMBER 14, 2012 1SSUED TO: NEW SUFFOLK WATERFRONT FUND~ INC. PROPERTY ADDRESS: 650 FIRST STREET~ NEW SUFFOLK SCTM# 117-8-18 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 November 14~ 2012, and in consideration of application fee in the sum of $250.00 paid by New Suffolk Waterfront Fund, Inc. 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/or replace +/-227 linear feet of failing bulkhead and to raise the bulkhead 2 feet higher than the existing; backfill with approximately 125 cubic yards of clean fill; and as depicted on the project plan prepared by Barbara Schnitzler, received on October 23, 2012 and stamped approved on November 14, 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 New Suffolk Waterfront Fund, Inc., residing at 650 First Street, New Suffolk, 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 perlbnned 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 tbr revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to renrove 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 November 14, 2012 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Ms. Barbara Schnitzler, Chairperson New Suffolk Waterfront Fund, Inc. PO Box 146 New Suffolk, NY 11956 RE: NEW SUFFOLK WATERFRONT FUND, INC. 650 FIRST STREET, NEW SUFFOLK SCTM# 117-8-18 Dear Ms. Schnitzler: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, November 14, 2012 regarding the above matter: WHEREAS, Barbara Schnitzler, Chairperson on behalf of NEW SUFFOLK WATERFRONT FUND, INC. applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated October 23, 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 November 14, 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 NEW SUFFOLK WATERFRONT FUND, INC. to repair and/or replace +/-227 linear feet of failing bulkhead and to raise the bulkhead 2 feet higher than the existing; backfill with approximately 125 cubic yards of clean fill; and as depicted on the project plan prepared by Barbara Schnitzler, received on October 23, 2012 and stamped approved on November 14, 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, James F. King President, Board of Trustees JFK/amn James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall Annex 54375 Route 25, P.O. Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (63 l) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: be advised that your application dated ID/Z ~ ~- , ~ has been Please reviewed by this Board at the regular mee!ing of ' II/I~//Z and your application has been approved pending the completion df thc~ following items checked off below. __ Revised Plans for proposed project __ Pre-Construction Hay Bale Line Inspection Fee ($50.00) 1st Day of Construction ($50.00) __ ½ Constructed ($50.00) Y 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 fo,owing 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: TOTAL FEES DUE: $ ~-~0, bO BY: James F. King, President Board of Trustees Peter Young, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 Conservation Advisory Council Town of Southold The meeting of the Southold Town Conservation Advisory Council scheduled for Wed., November 7, 2012 at Down's Farm Preserve was cancelled due to damage to residential areas as well as power outages caused by Hurricane Sandy and a Nor'easter on the day of the meeting. Several of the Conservation Advisory Council members conducted their inspections and provided the following recommendations/comments: NEW SUFFOLK WATERFRONT FUND to repair and/or replace +/-227 If. of failing bulkhead. Located: South of King St., East of First St. and North of Main St., New Suffolk SCTM#117-8-18 The CAC did not make an inspection, therefore no recommendation was made. NOV 1 3 2012 James F. King, President Bob Ghosio, Jr. Vice-President Dave Bergen John Bredenleyer Michael J. Domino PO. Box 1179 Southold, NY 11971 Telephone (631 765-1892 Fax (631 ) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: Barbara Schnitzler, Chairperson on behalf of NEW SUFFOLK WATERFRONT FUND, INC. requests a Wetland Permit to repair and/or replace +~-227 linear feet of failing bulkhead. Located: 650 First Street, New Suffolk. SCTM# 117-8-18 Type of area to be impacted: , __Saltwater Wetland Freshwater Wetland __Sound c/Bay Distance of proposed work to edge of wetland P~of Town Code proposed work falls under: hapt.275 Chapt. 111 other Type of Application: ,,--~/etland__Coastal Erosion __Amendment __Administrative__Emergency Pre-Submission __Violation Info needed: Modifications: Conditions: Pres/ent Were: ~///J. King L~ Ghosio__ -' J. Bredemeyer Michael Domino Form filled out in the field by C'~D. Bergen, D. Dzenkowski other Mailed/Faxed to: .,J( F/',~-~ ~-~ Date: NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION (10101) Application For Permit Transfer and Application for Transfer of Pending Application (In Accordance with Uniform Procedures, 6NYCRR Part 621) NOTE: Please read ALL instructions before completing this application. Please TYPE or PRINT cleady in ink. PART 1 - TRANSFEREE (New Ownor/Operatorl Lesse~/Appllcant } COMPLETES: 1. LIST PERMIT N~M,~BE~R~{_S) AND THEIR E,FFECTIVE AND E~PIRATION DATES LIST PENDING APPLICATION NUMBER(S): 2. NAME OF TRANSFER(=-E · ' / If nther than an individual, provide Taxoaver ID Number New Suffolk Waterfront Fund, Incorporated STREET ADORESS, CITY, STATE, ZIP CODE TELEPHONE NUMBER (Oa~ftime) (631 ) 566-0806 PO Box 146, New Suffolk, NY 11956 TRANSFEREE iS A/AN: r~ Owne~. ~..~Operatorr~ Lescae r-~ Appticantr~ Mu,,~pa;k-y/GoverH,,~e,,~, ~e~ (check all that apply) ~ t_--.J ~ ~ , , 3.NAME OF FACILITY/PROJECT 4. FACILITY CONTACT NAME New Suffolk Waterfront Proiect STREET ADDRESS. CFi'Y. STATE. ZIP CODE STREET ADDRESS· CITY. STATE. ZiP CODE 650 First Street, New Suffolk, NY 11956 COUNTY Suffolk TOWN Southoid TELEPHONE NUMBER (Daytime) ( ) 5.HAS WORK BEGUN ON THE PROJECT? Yes [~] No [] If W'lo,' proposed sta~flng date: Approximate completio~ data: If there will be any modifications to the current or prolx~sed operation or conslreetk~, the transferee must attach a statement spaci~ the detsits. 6. CERTIFICATION: T~iscer~esthatthetmnofereeseekst~bethe~egatiyresp~nstb~epartyf~r~perati~ns~rprejectde`~P''~=~echerauth~nznd by the permits identified above o~ proposed in applications identified above. The transferee has a copy of the permit(s) and/or application(s) and · application(s). Facility anderstands and will comply with all condi~ons [n the. referenced permit(s), and supports the .... content of referenced Further, I herebyaffirm opprations/preiect scppe/dischorges/emissions will remain the came as authorized or as proposed In pending applications. thai under penalty of perjury that information provided on this form and all attachments submitted bemwith is f~re to the best of my knowledge and be af ra ,e ststaments mnde ha n are p?hab e.es 210.4s of the Law. 1. NAME OF TRANSFEROR If other than an individual, orovide Taxoaver ID Number Peconic Land Trust, Incorporated 11-2667021 TELEPHONE NUMBER {Daytime) STREET ADDRESS. CITY. STATE, ZIP CODE ( 631 ) 283-3195 296 Hampton Road, Southold, NY 11968 2. NAME OF FACiLITY/PROJECT, If different from Facility Name in Part 1: 3. CERTIFICATION: Trois certifies that the tacility and/or epplicatioa referenced in Part 1 of this form [~lwill be/[~wes ba,',~;=,~ to the party idenfir,~¢i as the new transferee (owner/operator/lessee/applicant) on ~(date). Printed Name and Title of Transferor Stephen Searl, Project Manager. Peconic Land Trust Incorporated Signature of Transteror~~ Date '~'='~L~-- PART 3 - PERMIT TRANSFER VAUDATION SECTION - DEPARTMENT OF ENVIRONMENTAL CONSERVATION COMPLETES: · Transferee subject to conditions of original permit, without exception. ~E~ T~ansfer of permit approved, effective as of Transfer of permit approved, with the following medif~cations or contingencies related to this Permit Transfer: See attachad revised permit pege(s: ' ' ~, F~Transfer of application approved. See attached for additional information req?nd. . n~ r turn it to Ih'"- ~.nd~ned R~iona Permi L-- Administratorattheaddresslisted°nthereverseside°fthisl'r°m' OCT 2 3 2012 New York State Department of Environmental Conservation Division of Environmental Permits, Region One SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409 Phone: (631) ~??.-0365 Fax: (631) 444-0360 Website: www.dec.ny.qov Alexander B. Grannis Commissioner Stephen Searl Peconic Land Trust Inc. PO Box 1776 Southampton, NY 11969 May26,2010 OCT 2 3 2012 Re: Permit #1-4738-01008/00011 .... ~ Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit.' Please carefully read all permit conditions and special permit conditions contained in the permit to ensure compliance during the term of the permit. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. Sincerely, Mark Carrara Deputy Permit Administrator cc: Barbara Schnitzler MHP File · Facility DEC ID 1-1738-01008 PERMIT Under the Environmental Conservation Law (ECL) Permittee and Facility Information Permit Issued To: PECONIC LAND TRUST INCORPORATED 296 HAMPTON RD PO BOX 1776 SOUTHAMPTON, NY 11969 (631) 283-3195 Facility: FIRST STRF. F.T MARINA 650 FIRST S~ST/SCTM# I000~I17-8-}8 NEW SUFFOLK, NY 11956 Facility Location: in SOUTHOLD'in SUFFOLK COUNTY OCT 2 3 2012 Facility Principal Reference Point: NYTM-E: 712.8 NYTM-N: 4540.8 Latitude: 41059'26.3" Longitude: 72°28'12.7" .. Authorized Activity: Reconstruct 564 linear feet of existing bulkheads in-place of the existing bulkheads, reconstruct 4' wide piers/docks, reconstruct a 5' x 60' floating dock and ramp, reconstruct 30" wide finger piers, install pilings as shown on the approved plans, and reconstruct 4' wide boardwalks. All work shall be done according to the plans prepared by James Deerkoski last revised on 05-13-2010 and stamped NYSDEC approved on 5/26/2010. Permit Authorizations Tidal Wetlands - Under Article 25 Penxtit ID 1-4738-01008/00011 , New Permit Effective Date: 5/26/2010 Expiration Date: 5/25/2020 Water Quality Certification - Under Section 401 - Clean Water Act Permit ID 14738~01008/00012 New Permit .Effective Date~ 5/26/2010 Expiration Date: 5/25/2020 Excavation & Fiil in Navigable Waters - Under Article 15, Title 5 Permit ID 1-4738-01008/00013 New Permit Effective Date: 5/26/2010 Expiration Date: 5/25/2020 NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the' ECL, ail applicable regulations, and all conditions included as part of this permit. Permit Administrator: MARK CARRARA, Deputy Regional Permit Administrator Address: NYSDEC REGION 1 HEADQUARTERS SUNY @ STONY BROOK[50 CIRCLE RD STONY BROOK, NY 11790 -3409 Date ~ /-2--~' / ~-O/O Page 1 of 6 · · NEW YORK ST ATE DEPARTMENT OF ENVIRONMENTAL CONSER V A TIOW Facility DEC ID 1-4738-01008 Permit Components NATURAL RESOURCE PERMIT CONDITIONS WATER QUALITY CERTIFICATION SPECIFIC CONDITION GENERAL CONDITIONS, APPLY TO P,!.L AUTHORIZED PERM1TS NOTIFICATION OF OTHER PERMITFEE OBLIGATIONS NATURAL RF_~OURCE PERMIT CONDITIONS - Apply to the Following Permits: TIDAL WETLANDS; WATER QUALITY CERTIFICATION; EXCAVATION & FILL IN NAVIGABLE WATERS 1. No Interference With Navigation There shall be no unreasonable interference with navigation by the work herein authorized. 2. Notice of Commencement At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work. 3. Reconstruct existing wooden bulkheads only This permit does not authorize the reconstruction of existing concrete seawalls, stone revetments, metal bulkheads or jetties. Only the existing wooden bulkheads are authorized to be reconstructed using any construction material 0.e. vinyl, wood ...) as long as new bulkhead face docs not extend further seward than existing bulkhead face. 4. No Disturbance to Vegetated Tidal Wetlands There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activities. 5. Excavation for Bulkhead/Structure Prior to any construction or removal of bulkheads and other shoreline stabilization structures all backfill shall be excavated landward of the structure and retained so as not to enter the waterway, tidal wetland or protected buffer area. 6. Jet-in Bulkhead Bulkheads constructed directly adjacent to vegetated tidal wetlands shall be hand driven or jetted in with no disturbance to the tidal wetland. Trenching is strictly prohibited. 7. Backf'flling All peripheral berms, cofferdams, rock revetments, seawalls, gabions, bulkheads or other approved shoreline stabilization structures shall be completed prior to placement of any fill material behind such structures. $. No Beach Exeavation For Fill No excavation of the beach is authorized.for the purpose of obtaining fill or stone materials. Page 2 of 6 NEW YORK STATE DEPARTM~ OF ENVIRONMENTAL CONSERVAT~ Facility DEC ID 1-4738-91008 9. No Seaward Extension of Bulkhead The new bulkhead shall be constructed in place of the existing bulkhead with no seaward extension of the outermost bulkhead face. 10. Bulkhead Height The new bulkhead height shall not exceed the height of the adjacent bulkheads. 11. Storage of Equipment, Materials The storage of construction equipment and materials shall be confined to the upland area landward of the bulkhead or on a barge. 12. No Construction Debris in Wetland or Adjacent Area Any debris or excess material from construction of this project shall be completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. No debris is permitted in wetlands and/or protected buffer areas. 13. Docks at Property Lines Docks/catwalks/floats must not: a. extend laterally beyond property lines, b. be placed so that docked boats extend laterally over adjacent property line, c. interfere with navigation, or d. interfere with other landowners riparian rights. 14. Pilings at Property Lines Pilings shall not: a. extend laterally beyond property lines, b. be placed so that docked boats extend laterally over property lines, c. interfere with navigation, or d. interfere with other landowners riparian rights. 15. No Permanent Structures on Dock No permanent structures shall be installed on dock/catwalk/float without first obtaining written Department approval (permit, modification, or amendmen0. lS. Repairs to Structures All repairs to existing structures shall be confined to replacement of existing elements with no change in design, dimension or materials, unless specifically authorized by this permit. 17. No Additional Docks Installation of additional docks at marinas, boat basins, or other commercial facilities is not authorized by this permit. la. No Floats, Ramps in Vegetated Tidal Wetlands Floats and ramps may not rest on or be stored in any vegetated tidal wetland. 19. No Runoff Over or Through Bulkhead or into Wetland There shall be no discharge of runoff or other effluent over or through any bulkhead or shoreline stabilization structure or into any tidal wetland .or protected buffer area. Page 3 of 6 NEW YORK STATE DEPARTME~ OF ENVIRONMENTAL CONSERVATIO~ Facility DEC ID 1.4738..01008 20. Dock, Catwalk Size Dock or catwalk shall not exceed 4 feet in width. 21. State May Require Site Restoration If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 22. State Not Liable for Damage The State of New York shall in .no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 23. Conformance With Plans All activities authorized by this permit must be in strict conformance with the apprOved plans submitted by the applicant or applicant's agent as part of the permit application. Such approved plans were prepared by James Dcerkoski last revised on 5/13/2010 and stamped NYSDEC approved on 5/56/2010.. 24. State May Order Removal or Alteration of Work If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause · loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time. and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. aS. Precautions Against Contamination of Waters All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. WATER QUALITY CERTIFICATION SPECIFIC CONDITIONS 1. Water Quality Certification The NYS Department of Environmental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301,302, 303, 306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. GENERAL CONDITIONS - Apply to ALL Authorized Permits: Page 4 of 6 NEW YORK STATE DEPARTMEgOF ENVIRONMENTAL CONSERVATIO9 Facility DEC ID 1-4738-01008 1. Facility Inspection by The Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71- 0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an !nspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at ail times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. 2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit docs not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. 3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a separate written application to the Department for permit renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. Submission of applications for permit renewal, modification or transfer are to be submitted to: Regionai Permit Administrator NYSDEC REGION 1 HEADQUARTERS SUNY @ STONY BROOIq50 CIRCLE RD STONY BROOK, NYl1790 -3409 n. Submimion of Renewa! Application The permittee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations: Tidal Wetlands, Water Quality Certification, Excavation & Fill in Navigable Waters. 5. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit. The grounds for modification, suspension or revocation include: a. materially raise or inaccurate statements in the permit application or supporting papers; b. failure by the permittee to comply with any terms or conditions of the permit: c. exceeding the scope of the project as described in the permit application; d. newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; Page 5 of 6 NEW YORK STATE DEPARTM~ OF ENVIRONMENTAL CONSERVATI~ Facility DEC ID 1-4738-01008 noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. 6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the pen-nit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's'Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of- way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. Page 6 of 6 New Suffolk Waterfront Fund Marina Repairs Project Narrative: Removal and replacement of 227 linear tket o~'bulkheading as highlighted on all tbur copies of the plans dated July 6, 2005 and submitted as part of this application. We propose to start this project by December l, 2012 and complete the project by March 201.>. All peIxnit conditions included in tl~e NYSDI~;C permit Jl 1-4738-01008/0001 l(attached) will be fi>llowed. Photos of Project Area: Northeast comer of bulkhead; view to the northwest, taken 13 October 2012 t0:29 AM OCT 2S Main bulkhead with former Galley Ho restaurant in background; view to the south, taken 5 June, 20i2 6:42 PM OFHCE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM NOV 1 3 2012 To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: November 13, 2012 Re: Proposed Wetland Permit for NEW SUFFOLK WATERFRONT FUND, INC SCTM# 1000-117-8-18 Barbara Schnitzler, Chairperson on behalf of NEW SUFFOLK WATERFRONT FUND, INC. requests a Wetland Permit to repair and/or replace +/-227 linear feet of failing bulkhead. Located: 650 First Street, New Suffolk. SCTM# 117-8-18 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 James F, King, President Bob Ghosio, Jr., Vice-President Dove Bergen John Bredemeyer Michael J. Domino Town H~II Annex 54375 Main Road P.O. Box 1179 8outhold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD OfficeUseOnly ~,CwOaStai Erosion Permit Application efland Permit Application Administrative Permit ibc AmendmenffTrans f~r/Ext~n_sion eceivad Application:~3]~/~ eived F~:$ ompleted Application __Incomplete t __SEQRA Classification: Type l__Type Il Unlisted ~LwOOrdination:(date sent) RP Comistency Asse,ssmon/Form ~-CAC Referral Sent: 1(3]Z~/I __Date of Inspection: -- __Receipt of CAC Report: __Lead Agency Determination: ~)/~echnlcal Review: ob.c H ing __Resolotion: OCT 2 3 2012 Name of Applicant ,A/fid, v/ Mailing Address ~D' Suffolk County Tax Map Number: 1000- // q -(c-~ (~ _ ! _~ (provide LILCO Pole ~, dis~ to cross s~ts, ~d lo~tion) (If appli~ble) I~r~'°E T~ust~es Application Land Area (in square feet): Area Zoning: Previous uso of property: Intended use of property: GENERAL DATA Covenants and Restrictions on property?. __ Yes ~ No If"Yes", please provide a copy. Will this project require a Building Permit as per Town Code? Yes ~/No If"Yes", be advised this application will be reviewed by the Building Dept. prior to a Board of Trustee review and Elevation Plans will be rexluired. Does this project require a varianco from the Zoning Board of Appeals? Yes ~/ No If"Yes", please provide copy of decision. ' Will this project require any demolition as per Town Code or as determined by the Building Dept.? Yes ~ No Does the structure (s) on property have a valid Certificate of Ocoupancy? (~ Yes __No Prior permits/approvals for site improvements: Agency Date __ No prior permits/approvals for site improvements. Has any pemfit/approval ever been revoked or suspended by a governmental agency?.___ If yes, provide explanation: Yes Project Description (use attachments if necessary): ] ~ c.~vd~._~ .) ~ o£ T~ustee; ~pplication WETLAND/TRUSTE/~E LANDS APPLICATION DATA oseofthepropos dopemtons: Area of wetlands on lot: 0 ~ square feet Percent coverage of lot: O 3' % Closest distance betw~n~arest existing structure and upland edge of wetlands: /[/ ~' /v feet Closest distance between nearest proposed structure and upland edge of wetlands: /if .~. ~× feet Does the project involve excavation or filling? No ~/ Yes If yes, how much material will be excavated? 60 0 cubic yards How much material will be filled? [ O~j cubic yards Depth of which material will be removed or deposited: q feet Proposed slope throughout thc area of operations: I) o Manner in which material will be removed or deposited: 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): 617.20 PROJECT ID NUMBER APPENDIX C STATE ENVIRONMENTAL QUALI'rY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISI~ED ACTIONS Only PART 1. PROJECT INFORMATION ( To be completed by Applicant or Project Sponsor) 1. APPLICANT I SPONSOR r 12. PROJECT NAME ~ SEQR S. DESCRIBE PROJECt' BRIEFLY: 7. AMOUNT OF LAND AFFECTED: In,ally ~ ~ acres Ultimately ~ I acres 8. WILL PROPOSED ACTION COMPLY WiTH EXISTING ZONING OR OTHER RESTRICTIONS? es [] No If no, describe b~lefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) --]Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL DNO If yes, Iisi agerlcy name and permit/ approval: Z~'~/~'~ {2 /~O(,v','~ ~/~JJ ~1' 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [~'Yes r~lNo If yes, list agency name and permit I approval: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE 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 617.47 If yes, coordinate the review process and use the FULL EAF. B. WILL .~CTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaratio~ may be supemeded by another involved agency. ~---~ Yes ~lNo C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be haodw~tten, if leglbte) C1. Existing air quality, sun"ace or groundwater quali[y or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain brtefiy: C2. Aesthetic, agdcu6ural, archaeofogical, histor;c, or other natural or cultural resources; or community or neighbochood characte~ Expla n bnefly C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain b~iefiy: C4. A community's existing pians or goals as ofrmlally adopted, or a chenge in use or intensity of use of land or other natural resources? Exp a n bdefiy: C5 Growth. subsequent deve{opment, or related ac~ivifies likely to be induced by the p¢oposod action? Explain beeflY: C6. Long term, short tefra, cumulalive, or other effects not identified in C1 ~C57 Explain briefly: C7. Other impacts lincludin~l chanties in use of either quanfit;/or t},~e of ener~l;/. Explain bfiefl;/: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA fCEA~? lif )'es, explain briefly': F-1 Yes ~'~1 No E. IS THE-RE, OR IS THERE LIKELY TO S~ CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If yes ex~lain: [--J Yes [Z]No PART III - DI= I ERMINA'TION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, detem~ine whether it is substantial, large, important or otherwise signifmant. Each effect should be essessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d} irreversibility; (e) geographic scope; and (0 magnitude. If necesea~y, add attachments or reference supporting materials. Ensura that explanations contain sufficient detail to show that all mlevent adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes, the deten'nination of slgnificence must evaluate the potential impact of the proposed action o~ the environmental characteristics of the CEA. Check thfo box if you have Identified one or more potentially la~ge or significant adveme impacts which MAY occm. Then procaed dimc~y to the FULl FAF and/or peepam a posifNe dedandten. Check this box If you have determined. based on the information and analysis above and any suppoding documentation, that the proposed ac6or WILL NOT resuff in any significant adverse environmental Impacts AND provide, on attachments as neoessary, the masons suppo~ng th~ detefmina6on. Board of Trustees Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency SignOre of Responsible Officer inXead A~ncy 7 Date President Title of Responsible Officer Signalure of Preparer (If different from responsible officer) 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 (63 I) 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 NEW SUFFOLK WATERFRONT FUND~ INC. COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING NOV - 5 2012 being duly swom, depose and say: That on the 2Vbday of '4Q c~-: ,201Z, I personally p.o.sted the~ro, pe~.y k~notw~n as, by placing the Boar~l of Trustees official ~c;s~er 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 Wednesda¥~ November 14~ 2012. Dated: Sworn to before me this day of,vr'v 20 i;b Notary Public SUSAN T. YOUNG Notary Public, State of New York 01YO6209293 Qualifiedin Suffolk County Term Expires: 7/27/20__ .gaines F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen ,gohn 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 BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of NEW SUFFOLK WATERFRONT FUND~ INC. COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING being duly sworn, depose and say: That oll the ~ da_,/of ~/~ 0V/, ,, 20~t _7~, I pe~rsonall3( posted the property known as by placi~g-th-e Board ~f~Frustees official poster v~here 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 Wednesda¥~ November 14~ 2012. Dated: Sworn to before me this \~D day Notary Public ALBENA MITOVA NOTARY PUBLIC-STATE OF NEW YORK NO. 01 Ml6249841 Qualified In Suffolk County My Commi~llon EXDI~I~I Ootot~er 11, a015 NEW SUFFOLK WATERFRONT FUND creating the ./uture of our waterfr~mt October 22, 2012 Board of Trustees Town of Southold Town Hall Annex 54375 Main Road PO Box 1179 Southold, NY 11971 To The Board of Trustees, Thank You, Barbara Schnitzler, Chair New Suffolk Waterfront Fund The New Suffolk Waterfront fund is aware of the application for repair of bulkheads at our property in New Suffolk, and we understand that there will be a public hearing on the proposed work. :.~t: OCT 23 2012 PO Box 146, New Suffi>lk, NY 11956 ':° www. ncwsuffolkwatcrfront.org Board of Trustees Application County of Suffolk State of New York 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,q-IER 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, 1 HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. SWORN TO BEFORE ME THIS_ Signature of Property Owner Notary Public ALBENA MITOVA NOTARY PUBLIC-STATE OF NEW YORK No. 01MI6249841 Qualified In Suffolk County My Commission Expires Ootobe~ 1 h 2015 Board of Trustees Application County of Suffolk State of New York D~POSES 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. 1N COMPLETING THIS APPLICATION, 1 HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. ignamr~ of Property Owner SWOR TOB FORE TinS 2% Notary Public ALBENA MITOVA NOTARY PUBLIC-STATE OF NEW YORK NO. 01MI6249841 Qualllled In Suffolk County My Commission Expires October 11, 2015 Bo~ of Trustees Application AUTHORIZATION , (where the applicant is not the owner) f~Z,K~ f-~~esidingat ~0 ~ (print owner o£ property) (mailing address) (Agent)' to apply for permit(s) from the Southold Board of Town Trustees on my behalf. NOV - 2 2012 o£ Trustees AUTItORIZATION (where the applicant is not thc owner) (print owner of property) (mailing address) do h~reby authorize (Agont) to apply for permit(s) from the Southold Board of Town Trustees on my behalf. (Owner's signature) APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Rthit~ mohibita conflicts of intea'ast on the oatt of town 6fficem and employees. The outoose of this form is to nmvlda inforin~ri*n which can atcfl fl~ town of xmszibl~ conflicts of ~flt~m? mui allow it to ~ whatevel' action is id .~ ,- ~ ~ ~ I [ (Las~ name, fn'si name,~iddl~ in.al, u~lc~z ~oa are applying in O~ nam* of someone ds~ or other rarity, such as a comlxmy. If so, indicatoflg other pemon's o~ company's anm~.) NAME OF APPLICATIOH: (Check all that apply.) · Tax ~ievancc Building Cha~gc of Zone Coastal Erosion Approval of pint Mooring Exemption from plat or official map plaaning Ot~r Of"Other-, nan~ th~ activity.) Do you personally (or through your company, ~pouse, dbling, paint, or child) have a velatioaship ~i',h any off~ or employee of thc Town of Sou~hold? "P~inliouship" incJud~ by blo6d, tqarriagc, or buz]ncss i~t~rus~ "Business int~m~t'? means a business, including a partnership, in which thc town officer or employee has cvcn a partial ownership of (or employment by) a corporation in which thc town officer or cmploy~ owns move than 5% ofl~ ~hares. YES NO ~' Ify0u answcwd "YES", eompl~c the balanc~ of this form and date and sign where indicated. Name of person employed by Ihe Town of Southold Title 0r position of that pcmon Des~hc thc r~lafionship hetween youmelf(~ applicant/agcnl/represenlativc) and thc town officer or cmploye~. Either check thc appm~ lian A) through D) and/or dus~he inthe :~0aco providud~ The town officer or cmploy~ or his or Ira' spouse, sibling, parent, O~ ~hild is (~ all that apply): A) ~h~ oymer of ~ than 5% of thc shares of the covooram steck of tl~ applicant (whan the applicant is a corporation); --B) ibc legal o~ beanficial owim/of any int~re~ in a non-corporate entit~ (when lho applicant is not a corporation); __C) an officer, dirantor, parmei', or cmpioy~ of{he applicant; or __._._D) ~ aaual appHcanL DESCRIPTION OF RELATIONSHIP Form TS 1 Submitted ~hi~ '~C:~dayof Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS Ail 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 ministerlal permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt vninor action list, policies and explanations of eseh policy contained in the Town of Southold Local Waterfront Revitalization Pwgram. A proposed action will be evaluated, as to its simfificant beneficial and adve~e effects upon the coastal area (which includes ifil of Southold Town). PROJECT NAME 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 coridifions contained in th~ consistency review law. Thus, each answer must be explained in detallt listing bofla SUDDortine and non- SUDOOr~llg facts. If an a~tion 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: oulme, ,~,.,.th, e ~ov~ o~S~tlt~ cl website (southoldtown.nortlffol.net), the Board of Trustees local libraries and the Town Clerk's office. - DESCRIPTION OF SITE AND PROPOSED ACTION The Application has been submitted to (check appropriate response): [] ,,iiding ,ept. [--I o. dofX,', tees 1. Category of Town of Southold agency action (check appropriate respouse): Action undertaken directly by Town agency (e.g. capital construction, plannin~ activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) ] .¸ Location of action: Site acreage: Present zoning cl ificatlo ff an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (c) Telaphone number: Area Code ( ) ~ ~ [ -- f~ ~ - L9 f~ fo (d) Application number, ifany:. Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No[~7' If yes, which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of S0uthold 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 HI- Policies; Page 2 for evaluation criteria. Attach additional sh~ if nece~ary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section HI - Policies Pages 3 through 6 for evaluation criteria Yes po [] pot*pplicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section ]H - Policies Pages 6 through 7 for evaluation criteria [] Yes [] No ~]"Not APplicable Attach additional sheets ifmcessary NATURAL COAST POLICIES Policy 4. Minimize loss of llfe, structures, and natural resources from flooding and erosion. See LWRP Section HI - Policies Pages 8 through 16 for evaluation criteria ! , fl Attach additional sheets if necessary Policy 5. Protect and Improve water quality and supply in the Town of $outhold. See LWRP Section - Policies Pages 16 through 21 for evaluation criteria [] Yes F--] No ~Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section IH - Policies; Pagea 22 through 32 for evaluation criteria. [] [] [] Yes No ~ Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve aSr qnalily in the Town of Southold. See LWRP Section ~I - 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 HI - Policies; Pages 38 through 46 for evaluation criteria. WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section IH- Policies; Pages 47 through 56 for evaluation criteria. [] Yes [] No [] Not Applieoble Attach additional sheets ffnecessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic EMuary and Town waters. See LV~ Section Ill ' Policies; Pages 57 through 62 for evaluation criteria. Yes[] No ~ Not ~ Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands, in the Town of Southold. See LWRP Section IH - Policies; Pages 62 through 65 for evaluation criteria. Yes [-~ N0(~ Not Applicable At~ach additional sheets if nec~s~xry Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes ~ No ~ Not Applicable NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION (10/01) Application For Permit Transfer and Application for Transfer of Pending Application (In Accordance with Uniform Procedures, 6NYCRR Part 621) NOTE: Please read ALL instructions before completing this application. Please TYPE or PRINT clearly in ink. PART 1 - TRANSFEREE (New OwnerlOperat oil Less eelAp pltcant } COMPLETES: 1. LIST PERMIT NUMBERiS) AND THEIR E.FFECTIVE AND E}(PIRATION DATES LIST PENDING APPLICATION NUMBER(S): 2. NAME OF TRANSFEREE / If other than an individual, orovide Taxoaver ID Number New Suffolk Waterfront Fund, incorporated STREET ADDRESS. CITY, STATE. ZIP CODE TELEPHONE NUMBER {Daytime) PO Box 146, New Suffolk, NY 11956 (631 ) 566-0806 apply) TRANSFEREE IS A/AN: ~"] Owner ~] Operator~ Lessee ['~ Applicanl~ Municipality/Governmental Agency (check all that 3. NAME OF FACILITY/PROJECT 4. FACILITY CONTACT NAME New Suffolk Waterfront Protect STREET ADDRESS. CITY. STATE ZIP CODE STREET ADDRESS. CITY STATE. ZIP CODE 650 Fimt Street, New Suffolk, NY 11956 COUNTY Suffolk TOWN Southold TELEPHONE NUMBER (Daytime) ( ) 5. HAS WORK BEGUN ON THE PROJECT? Yes [] No [] If'No," prof~osed starting date: Approximate completion data; If there will be any modifications ta the current or proposed operation or construction, the transferee must aifach a statement specifying the details. 6. CERTIFICATION: This certifies that the transferee seeks to be the legally responsible party for operations or project development either authedzed by the permits identified above or proposed in applications idenfif~d above. The transferee has a copy of the permit(s) and/or application(s) and understands and will comply with all conditions in the referenced permit(s) and supports the content of referenced application(s). Facility operations/project scope/discharges/emissions will remain the same as authorized or as proposed in pending applications. Further. I beraby affirm that under penalty of peduty that information provided on this form and all attachments submitted herewith is thJe to tt~ best of my knowledge and belief. False statements made herein are punishable~as a CJass A misde~..a~o,r pursuant to.Section 210.45 of the Penal Law. Signature of Transtaree Fw-~' ~ ~/'~'~*~"-~ Date / ! PART 2 - TRANSFEROR (Present or Fourier OwnerlOperatorlLesseelAppllcant) COMPLETES: 1. NAME OF TRANSFEROR if other than an individual, orovide Taxeaver ID Number Peconic Land Trust, Incorporated 11-2667021 STREET ADDRESS. CITY. STATE. ZIP CODE TELEPHONE NUMBER {Daytime) 296 Hampton Road, Southold, NY 11968 {631 ) 283-3195 2. NAME OF FACILITY/PROJECT, if different from Facility Name in Part 1: 3. CERTiFICATiON: This certifies that the facilify and/or application referenced in Part 1 of this form [~"lwitl be/["--Jwas transferred to the party identified as the new transferee (owner/operator/lessee/applicant) on December 11. 2010 (date). Printed Name and Title of Transferor Stephen Searl. Project Manager, Peconic Land Trust Incorporated Signature of Transferor ,---'--,-~ Date ! PART 3 - PERMIT TRANSFER VALIDATION SECTION - DEPARTMENT OF ENVIRONMENTAL CONSERVATION COMPLETES: [~Transfer of permit approved, effective as of Transferee subject to conditions of odginal permit, without exception. [~]Transfer of permit approved, with the following medif'w;ations or contingencies related to this Permit Transfer: [] See attached revised permit page(s)' ~] Transfer of application approved. See a[tached for additional information required. [~] Transfer denied, new application required. Please completa the enclosed permit application and return it to Ibe undersigned Regional Permit Administrator at the address listed on Ihe reverse side of ~his from. PERMIT ADMINISTRATOR Name Signature Date New York State Department of Environmental Conservation Division of Environmental Permits, Region One SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409 Phone: (631) 444-0365 Fax: (631) ~,~.-0360 Website: www.dec.ny. Rov Alexander B. Grannis Commissioner May 26, 2010 Stephen Searl Peconic Land Trust Inc. PO Box 1776 Southampton, NY 11969 Re: Permit #1-4738-01008/00011 Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621 ) we are enclosing your permiL Please carefully read all permit conditions and special permit conditions contained in the permit to ensure compliance during the term of the permit. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. Sincerely, Mark Carrara Deputy Permit Administrator cc: Barbara Schnitzler MHP File NEW YORK ST ATE DEPARTMEN~i~F ENVIRONMENT A L C ONSER V A TIO~ Facility DEC ID 1-4738-01008 PERMIT Under the Environmental Conservation Law (ECL) Permittee and Facility Information Permit Issued To: PECONIC LAND TRUST INCORPORATED 296 HAMPTON RD PO BOX 1776 SOUTHAMPTON, NY 11969 (631) 283-3195 Facility: FIRST STRF. F.T MARINA 650 FIRST ST]ST/SCTM# 1000-117-8-18 NEW SUFFOLK, NY 11956 Facility Location: in SOUTHOLD'in SUFFOLK COUNTY Facility Principal Reference Point: NYTM-E: 712.8 NYTM-N: 4540.8 Latitude: 41059'26.3" Longitude: 72°28'12.7'' Authorized Activity: Reconstruct 564 linear feet of existing bulkheads in-place of the existing bulkheads, reconstruct 4' wide piers/docks, reconstruct a 5' x 60' floating dock and ramp, reconstruct 30" wide finger piers, install pilings as shown on the approved plans, and reconstruct 4' wide boardwalks. All work shall be done according to the plans prepared by James Deerkoski last revised on 05-13-2010 and stamped NYSDEC approved on 5/26/2010. Permit Authorizations Tidal Wetlands - Under Article 25 Permit ID 1-4738-01008/00011 New Permit Effective Date: 5/26/2010 Expiration Date: 5/25/2020 Water Quality Certification - Under Section 401 - Clean Water Act Permit ID 1-4738-01008/00012 New Permit Effective Date: 5/26/2010 Expiration Date: 5/25/2020 Excavation & Fill in Navigable Waters - Under Article 15, Title 5 Permit ID 1-4738-01008/00013 New Permit Effective Date: 5/26/2010 Expiration Date: 5/25/2020 NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and ali conditions included as part of this permit. Permit Administrator: MARK CARRARA, Deputy Regional Permit Administrator Address: NYSDEC REGION 1 HEADQUARTERS SUNY @ STONY BROOK[50 CIRCLE RD STONY BROOK, NY 11790 -3409 Authorized Signature: .~7 ~ Page 1 of 6 NEW YORK STATE DEPARTM~OF ENVIRONMENTAL CONSERVATI~ Facility DEC ID 1-4738-01008 Permit Components NATURAL RESOURCE PERMIT CONDITIONS WATER QUALITY CERTIFICATION SPECIFIC CONDITION GENERAL CONDITIONS, APPLY TO AI.I. AUTHORIT~.D PERMITS NOTIFICATION OF OTHER PERMYYFEE OBLIGATIONS NATURAL RF~OURCE PERMIT CONDITIONS - Apply to the Following Permits: TIDAL WETLANDS; WATER QUALITY CERTIFICATION; EXCAVATION & FILL IN NAVIGABLE WATERS I. No Interference With Navigation There shall be no unreasonable interference with navigation by the work herein authorized. 2. Notice of Commencement At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work. 3. Reconstruct existing wooden bulkheads only This permit does not authorize the reconstruction of existing concrete seawalls, stone revetments, metal bulkheads or jetties. Only the existing wooden bulkheads are authorized to be reconstructed using any construction material (i.e. vinyl, wood ...) as long as new bulkhead face does not extend further seward than existing bulkhead face. 4. No Disturbance to Vegetated Tidal Wetlands There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activities. 5. Excavation for Bulkhead/Structure Prior to any construction or removal of bulkheads and other shoreline stabilization structures all backfill shall be excavated landward of the structure and retained so as not to enter the waterway, tidal wetland or protected buffer area. 6. Jet-in Bulkhead Bulkheads constructed directly adjacent to vegetated tidal wetlands shall be hand driven or jetted in with no disturbance to the tidal wetland. Trenching is strictly prohibited. 7. Backfilling All peripheral berms, cofferdams, rock revetments, seawalls, gabions, bulkheads or other approved shoreline stabilization structures shall be completed prior to placement of any fill material behind such structures. 8. No Beach Excavation For Fill No excavation of the beach is authorized 'for the purpose of obtaining fill or stone materials. Page 2 of 6 NEW YORK STATE DEPARTM~OF ENVIRONMENTAL CONSERVATI~ Facility DEC ID 1-4738~01008 9. No Seaward Extension of Bulkhead The new bulkhead shall be constructed in place of the existing bulkhead with no seaward extension of the outermost bulkhead face. 10. Bulkhead Height The new bulkhead height shall not exceed the height of the adjacent bulkheads. 11. Storage of Equipment, Materials The storage of construction equipment and materials shall be confined to the upland area landward of the bulkhead or on a barge. 12. No Construction Debris in Wetland or Adjacent Area Any debris or excess material from construction of this project shall be completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. No debris is permitted in wetlands and/or protected buffer areas. 13. Do~ks at Property Lines Docks/catwalks/floats must not: a. extend laterally beyond property lines, b. be placed so that docked boats extend laterally over adjacent property line, c. interfere with navigation, or d. interfere with other landowners riparian fights. 14. Pilings at Property Lines Pilings shall not: a. extend laterally beyond property lines, b. be placed so that docked boats extend laterally over property lines, c. interfere with navigation, or d. interfere with other landowners riparian rights. 15. No Permanent Structures on Dock No permanent structures shall be installed on dock/catwalk/float without first obtaining written Department approval (permit, modification, or amendment). 16. Repairs to Structures All repairs to existing structures shall be confined to replacement of existing elements with no change in design, dimension or materials, unless specifically authorized by this permit. 17. No Additional Docks Installation of additional docks at marinas, boat basins, or other commercial facilities is not authorized by this permit. 18. No Floats, Ramps in Vegetated Tidal Wetlands Floats and ramps may not mst on or be stored in any vegetated tidal wetland. 19. No Runoff Over or Through Bulkhead or into Wetland There shall be no discharge of runoff or other effluent over or through any bulkhead or shoreline stabilization structure or into any tidal wetland . or protected buffer area. Page 3 of 6 Facility DEC ID 1-4738-01008 20. Dock, Catwalk Size Dock or catwalk shall not exceed 4 feet in width. 21. State May Require Site Restoration If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 22. State Not Liable for Damage The State of New York shall in .no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 23. Conformance With Plans All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or applicant's agent as part of the permit application. Such approved plans were prepared by James Deerkoski last revised on 5/13/2010 and stamped NYSDEC approved on 5/56/2010.. 24. State May Order Removal or Alteration of Work If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the frae navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time. and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 25. Precautions Against Contamination of Waters All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. WATER QUALITY CERTIFICATION SPECIFIC CONDITIONS 1. Water Quality Certification The NYS Department of Environmental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301,302, 303,306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. GENERAL CONDITIONS - Apply to ALL Authorized Permits: Page 4 of 6 NEW YORK STATE DEPARTME~OF ENVIRONMENTAL CONSERVATIOO Facility DEC ID 1-4738-01008 1. Facility Inspection by The Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71- 0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. 2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. 3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a separate written application to the Department for permit renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. Submission of applications for permit renewal, modification or transfer are to be submitted to: Regional Permit Administrator NYSDEC REGION 1 HEADQUARTERS SUNY @ STONY BROOK[50 CIRCLE RD STONY BROOK, NY11790 -3409 4. Submission of Renewa! Application The permittee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations: Tidal Wetlands, Water Quality Certification, Excavation & Fill in Navigable Waters. 5. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit. The grounds for modification, suspension or revocation include: a. materially false or inaccurate statements in the permit application or supporting papers; b. failure by the permittee to comply with any terms or conditions of the permit; c. exceeding the scope of the project as described in the permit application; d. newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; Page 5 of 6 NEW YORK STATE DEPARTMO OF ENVIRONMENTAL CONSERVATI~ Facility DEC ID 1-4738-01008 noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. 6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indenmification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's 'Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the pennittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of- way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. Page 6 of 6 APPROVED BY BOARD OF TRUSTEES TOWN OF $OUTHOLD OCT 2 3 2012 KING MAIN TNEEF ~o PHILIP LORIA ~S 83'47'30" E 138.22' S 83'29'29" E 113.47' 83°4~ 307' 83'45'00" 83'05'30" 192 94' :?' * -NEW '::' ,::' 193.50' ,, STEPS 204.43' 10" PILINGS TO BE INSTALLED AT MAX. OF 8'-0"oc, PROVIDE CLEAN FILL BEHIND NEW BULKHEAD TOP OF NEW BULKHEAD TO BE AT ELV. 6.0' OF OLD BULKHEAD TO BE AT ELV. 5.,5' NEW TIE ROD SYSTEM TO BE INSTALLED WATER MARK AT 1.8' PILINGS TO BE INSTALLED WATER MARK AT -0 04' TYPICAL BULKHEAD DESIGN USED TO REPLACE E~iISTING BULKHEAD IN--PIMCE ARMORWALL DETAILS PROVIDED BY CRANE MATERIALS INTERNATIONAL N.T.S BULKHEAD SECTION "A" BE INSTALLED S N EW WALES 74', ~6'39,, E Ln NOTES: S SUFFOLK S.C. TAX ELEVATIONS ARE REFERENCED TO N.B,V,D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:I~ EXISTING CONTOUR LINES ARE SHOWN THUS: iNDICATE THAT THIS DOCK OR BULKHEAD IS TO BE REPLACED IN-PLACE OR C-LOC SHEE~I PILING TO BE INSTALLED CAPPING FOR SHOREGUARD C-LOC PRODUCTS TO BE rNSTALLED NEW 10" PILINGS TO BE INSTALLED AT MAX. OF 8'-0"oc. PROVIDE CLEAN FILL BEHIND NEW BULKHEAD · TOP OF NEW BULKHEAD TO BE AT ELV. 5.8' OF OLD BULKHEAD TO BE AT ELV. 5.5' TIE ROD SYSTEM TO BE INSTALLED WATER MARK AT 1.8' PILINGS TO BE INSTALLED PLAN OF PROPERTY SITUA TED A T NEW SUFFO ,K TOWN OF { $OUTHOLO COUNTY, NFW YORK No. t Oeo- 117-08- 18 SCALE 1"--30' JULY % 2005 WATER MARK AT -0,04' TYPICAL BULKHEAD DESIGN USED TO REPL4CE EXISTING BULKHEAD IN--PLACE ARMORWALL DETArLS PROVIDED BY CRANE MATERIALS INTERNATIONAL N,T,S. BULKHEAD SECTION "B"&"F' NOVEMBER 19, 2005 ADDED AREA OF NEW YORK STATE LAND OCTOBER 25, 2006 ADDED LOW WATER MARK NOVEMBER 21, 2007 UPDATE SURVEY MARCH 17, 2009 ADDED GRADE ELEVATION S.C. TAX No. 1000-1/7--8-18 AREA = 149,324.97 (TO TIE LINE 3.428 ac, & BULKHEAD) GRANT AREA .MASTER PLAN 'FOR 10' YR GRANT sq. fi, TOTAL NEW YORK STATE LAND = 105,000.00 sq. ff. 2.410 Dc. NEW YORK STATE LAND GRANT LESS = 95,174.69 s,q. ff. P/O S.C. TAX No. 1000-117--8_18 AREA 2.139 Dc. TOTAL NEW YORK STATE LAND GRANT AND ~ S.C. TAX No. 1000-117--8-18 AREA = 242,499.66...sq. ff. 5.567 ~c. : MAINTENANCE OF NEW BULKHEAD TO BE AT ELV. 5.8' ;H WATER MARK AT 1.B' WATER MARK AT ~0.04' PERMIT LENGTH OF ALL BULKHEADS AND MAIN DOCKS: LENGTH OF BULKHEAD A-B = 17 FT, LENGTN OF BULKHEAD B-C = tlS.47 FT. LENGTH OF BULKHEAD C-D = 11.88 LENGTH OF BULKHEAD D-E = 7.5t FT. BULKHEADS AND MAIN DOCKS TO BE REBUILT IN KIND AND IN-PLACE: ~LANDWARD _OF EXISTING STRU~ '' - LENGTH OF BULKHEAD ~A ~ = 17 FT. LENGTH OF BUL HEAD E-F 41.82 FT. LENGTH OF BUL~HEAD =-- NEW ADDITIONAL BULKHEADS TO BE INSTALLED: FREE STANDING PILINGS TO BE REPLACED OR INSTALLED AS NOTED FLOATING DOCK TO BE INSTALLED AT THIS TIME: EVERY TYPICAL STEEL OR SYNTHETIC BULKHEAD SECTION "E' - NEW WALES TO BE INSTALLED NEW SHOREGUARD OR C-LOC SHEET PILING TO BE IN'STALLED NEW CAPPING FOR SHOREGUARD AND C-LOC PRODUCTS TO BE INST4LLED -NEy/ 10" PILINGS TO BE INSTALLED AT MAX. OF 8'-0"oc. ACQ BECIK TO REPLACE DECK "IN KIND IN PLACE" OF INEW BULKHEAD TO BE A,T ELY 5,8' flOP OF OLD BULKHEAD TO BE AT ELV, 5.5' PROVIDE CLEAN FILL BEHIND NEW BULKHEAD NEW 4x4 ACQ GIRDER POST (2)2x8 ACQ GIRDER NEW 2'-O"x2'-O"x C-O' CONC. FOOTING MIN. 5'-0" BELOW FINAL GRADE. -- NEW TIE ROD SYSTEM TO BE INSTALLED 4 WATER MARK AT 1.8' PILINGS TO BE INSTALLED WATER MARK AT -0.04' IPROVfDE: CODE APPROVED ANCHOR SYSTEM AT] JOIST TO3 GIRDER CONNECTIONS GIRDER TO POST CONNECTION AND POST ¥0 FOOTING !ON NECT[ION J TYPICAL BULKHEAD DESIOTN USED TO REPLACE EXISTING BULKHtEAD IN--PLACE ARMORWALL DETAILS PROVIDED BY CRANE MATERIALS INTERNATIO~NAL h'4.l S. BULKHEAD SECTION "C" WALKWAYS ALONG DOCKS TO BE REgLACE,D DECKS TO B:E REPLACED: BULKHEAD CONSTRUCTION' NOTES BULKHEAD A-B ON NORTH SIDE OF PRQPERTY TO BE RAIBED~ 1'-0" SiLT BARRIER TO BE INSTALLED AT THE MOUTH OF MARINA INLET BULKHEAD CONSTRUCTION. CONTRACTOR IS TO '~V'~' ...... ,-.,,-,c, uE ~_REBD,DEB ,N ORDER TO PSR~ORM A.~ WO.R NECES[~?~hL~L?~AD REPLACE ALL WALKWAYS AND DECKS ADJACENT TO THE NEW ,BOLKRE~D. DOCK CONSTRUCTION NOTES: ', '...' ADDITIONAL WORK TO BE PERFORMED: WA TER TO BE 48" ABOVE FINAL GRADE TOP OF BULKHEAD BE CARPED LI~I~T, MEDIUM AND HE4~'¢ STO~CE AS PER S. SPE~' BETWEEI BULKHEADS NE~ TIE ROD SYSTEM TO BE INSTALLED EXISTING BOULDERS AND GRAVEL ," -- NEW WALES TO BE INSTALLED NEW SHOREDUARD OR C-LOC SHEET PILIND TO BE INSTALLED"? NEW CAPPING FOR SHOREBUARD ''~ AND C-LOC PRODUCTS TO BE INSTALLED -NEW 10" PILINGS TO BE iNSTALLED AT MAX. 9F!~ .... TOP OF NEW BULKHEAD TO BE AT ELV. ,~.7' OF OLD BULKHEAD TO BE AT ELM. ,3.T OF NEW BULKHEAD TO 8E~tT ~[V. 5.8' CLEAN FILL D~F,'~, ACQ WALKWAY ]0 RgRLACE EXrSTING WALKWAY YIN KIND iN PLACE POST ~LiNGS TO BE' INSTALLED HiGH WATER MARK AT 1.8' , CLEAN FILL BEHIND BULKHEAD BE INSTALLED NATER MARK AT -0.04' ~p~iVIDE CODE APPROVED ANCHOR SYSTEM AT[ JOIST TO GIRDER CONNECTrONS GIRDER TO T CONNECTION AND POST :I'D FOOTING ICONNECTION ~r REPL4CE EXISTING BULKHEAD IN--PLACE ARMORWALL DETAILS PROV/DED BY CRANE MATERIALS INTERNATIONAL BULKHEAD SECTION "D" TOP OF CUTCHOGUE HARBOR pECONIC SITE MAP: ~ LOCATION MAP (N.T.S.) REVISfON DATE: 03-28-06 09-09-06 l 1-02-06 "' ' "'" ':' ~m i 1-13~06 ov~O ~s v~a ~ ~ [ nujeu[ uocatea at ri [ ,/ ENGINEERED BY eEAST-END _ JAMES DEERKOSKI, PE, Professional Engineer 260 DEER DRIVE MATTITUCK, NY 11952 (631) 298-7116 SEAL. Acceptance of these drowings does not authorize the right to build without the outhodzoUon of local governing agencies. such os Suffolk C~unty Dept, of Heolth Services, Town Building Deportments. DEC, FEMA, otc, Verify ali conditions, codes, ond requirements with such agencies prior to construction. OWNERSHIP AND USE OF DRAWINGS: These drawings and speeffmotlens including the ideas, design and arrangements represented therein, are the property of Eost End Design Assocmtes, LLC. No port thereof shell be copied, disclosed to others or used in connection with ony work or project other than for which they hove been prepared without wdtten consent of East End Design AssocTotes, LLC. SITE PLAN INFORMATION IS BASED ON LAND SURVEY PREPARED BY NATHAN TAFT CORWIN III, LICENSED LAND SURVEYOR (N.Y.S. Lic. No. 50467) NEW 10"-12" PILING TO BE INSTALLED 2x6 CCA MARINE GRADE-- 6x6 CCA MAR/NE GRADE-- TOP OF NEW BULKHEAD TO TO BE AT SLV. 5.8' HIGH WATER MARK AT 1.8' --LOW WATER MARK AT -0,04' WATER TYPICAL EXISTING FINGER PIER SECTION TYPICAL EXISTING MAIN PIER SECTION