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Home My WebLink AboutTR-8063 James F. King, Pre~Ment Bob Ghosioi .Ir., Vioc-presideat Dave Bergen John Bredemeyer Michael J. Domino Town Hall, 53095 Main Rd. P.O. Box 1179 South01d, 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 lS~ day of construction ~ constructed Project complete, compliance inspection BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 8063 DATE: FEBRUARY 20~ 2013 ISSUED TO: MARY MCFEELY PROPERTY ADDRESS: 5900 GREAT PECONIC BAY BLVD.~ LAUREL SCTM# 128-2-9.1 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 February 20.2013. and in consideration of application fee in the sum of WAIVED as oer Town Board Resolution #2013-189 and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to construct approximately 97 linear feet of vinyl bulkhead in- place of existing storm damaged (Hurricane Sandy) timber bulkhead; construct :1:12' easterly return; backfill storm eroded area landward of bulkhead with approximately 200 cubic yards of clean sandy fill; and construct 4'x8' steps to beach; with the condition that a 10' wide non-turf buffer landward of bulkhead be established and subsequently maintained; and removal of deteriorated groin debris on west side of property; and as depicted on the site plan prepared by En-Consultants, last dated on January 11, 2013 and stamped approved on February 20, 2013. 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 Mary McFeely, residing at 5900 Great Peconic Bag Blvd., Laurel, 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 Trustecs and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. The Permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Clerk's Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety (90) calendar days of issuance of this permit. 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 54375MainRoad P.O. Box 1179 Southold, New York 11971-0959 Telephone(631) 765-1892 Fax(631) 765-6641 February 20, 2013 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Robed E. Herrmann Eh-Consultants 1319 North Sea Road Southampton, NY 11968 RE: MARY MCFEELY 5900 GREAT PECONIC BAY BLVD., LAUREL SCTM# 128-2-9.1 Dear Mr. Herrmann: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, February 20, 2013 regarding the above matter: WHEREAS, En-Consultants on behalf of MARY MCFEELY 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 January 25, 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 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 February 20, 2013, 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 MARY MCFEELY to construct approximately 97 linear feet of vinyl bulkhead in-place of existing storm damaged (Hurricane Sandy) timber bulkhead; construct +12' easterly return; backfill storm eroded area landward of bulkhead with approximately 200 cubic yards of clean sandy fill; and construct 4'x8' steps to beach; with the condition that a 10' wide non-turf buffer landward of bulkhead be established and subsequently maintained; and removal of deteriorated groin debris on west side of property; and as depicted on the site plan prepared by En-Consultants, last dated on January 11, 2013 and stamped approved on February 20, 2013. 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: $0.00 Very truly yours, James F. King President, Board of Trustees JFK/amn 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 At the meeting of the Southold Town Conservation Advisory Council held Tues., February 12, 2013 the following recommendation was made: Moved by John Stein, seconded by Jack McGreevy to SUPPORT the Wetland Permit application of MARY McFEELY to construct approx. 97 If. of vinyl bulkhead in place of existing storm damaged timber bulkhead; construct +/-12' easterly return; backfill storm eroded area landward of bulkhead with approx. 200 cy. of clean sandy fill; and construct 4'X 8' steps to beach. Located: 5900 Great Peconic Bay Blvd., Laurel. SCTM#128-2-9.1 Inspected by: John Stein Vote of Council: Ayes: All Motion Carried PO Box 1179 Soulhold, NY 11971 Telephonc (631 765-1892 Fax (631 ) 765-6641 Date/Time: Southold Town Board of Trustees Field Inspection/Worksession Report En-Consultants on behalf of MARY McFEELY requests a Wetland Permit to construct approximately 97 linear feet of vinyl bulkhead in-place of existing storm damaged (Hurricane Sandy) timber bulkhead; construct -+12' easterly return; backfill storm eroded area landward of bulkhead with approximately 200 cubic yards of clean sandy fill; and construct 4'x8' steps to beach. Located: 5900 Great Peconic Bay Boulevard, Laurel. SCTM# 128-2-9.1 Type of area to be impacted: Saltwater Wetland Freshwater Wetland __Sound ~ay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: __Chapt.275 Chapt. 111 other Type of Application: ~tland Coastal Erosion Amendment Administrative__Emergency Pre-Submission __Violation Info needed: Modifications: Present Were: ¢"J. King B. Ghosio__ __J. Bredemeyer__ Michael Domino Form filled out in the field by Mailed/Faxed to: Date: D. Bergen, D. Dzenkowski other MARY 5900 PECONIC BAY BOULEVARD LAUREl, Looking northeast at existing sWrm damaged (Hurricane Sandy) timber bulkhead to be replaced with vinyl bulkhead. Figure 2. Looking southwest at existing storm damaged (Hurricane Sandy) timber bulkhead to be replaced with vinyl bulkhead. MARY MCFEELY~ 5900 PiECONIC BAY BOULEVARD~ LAUREL Figure 3. Lookiag southwest over storm damaged bulkhead to be replaced and storm eroded area to be backfilled. Figure 4. Aerial view of subject property and bulkhead prior to HUrricane ~gandy. Photo by Microsoft Corporatioa. N t28 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD To: From: Date: Jim King, President Town of Southold Board of Trustees Mark Terry, Principal Planner LWRP Coordinator February 15, 2013 MEMORANDUM Re: Proposed Wetland Permit for MARY McFEELY SCTM#1000-128-2-9.1 En-Consultants on behalf of MARY McFEELY requests a Wetland Permit to construct approximately 97 linear feet of vinyl bulkhead in-place of existing storm damaged (Hurricane Sandy) timber bulkhead; construct +12' easterly return; backfill storm eroded area landward of bulkhead with approximately 200 cubic yards of clean sandy fill; and construct 4'x8' steps to beach. Located: 5900 Great Peconic Bay Boulevard, Laurel. SCTM# 128-2-9.1 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 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 Office Use Only ~2oastal Erosion Permit Application ~/' Wetland Permit Application Administrative Permit __Amendment/Trans[er/Ext?nsion ~Received Application:. __.~eccived Fee:_ WO.~ ~)~-a i//Completed Application~ Incomplete SEQRA Classification: Type I Type Il Unlisted Coordination: (date sent) ~WRP Consistency Ass~/~s~ent Form '~/~CAC Referral Sent: ~--41 ]~.~ ~_Date of Inspection: __Receipt of CAC Report: __Lead Agency Determination: ,~pp echnical Review: ublic Hearing Held: ~'~ - !'3 Resolution: Name of Applicant Mary McFeely 5900 Great Peconic Bay Boulevard Address Laurel, NY 11948 Phone Number: (631) 298-5440 Suffolk County Tax Map Number: 1000 - 128-2-9.1 Property Location: 5900 Great Peconic Bay Bouelvard, Laurel (provide LILCO Pole #, distance to cross streets, and location) AGENT: En-Consultants (If applicable) Address: 1319 North Sea Road, Southampton, NY 11968 Phone:631-283-6360 ~oard of Trustees Applica~n GENERAL DATA Land Area (in square feet): +/-37,026 Area Zoning: R-40 Previous use of property: Residential, one-family dwelling. Intended use of property: No change. Covenants and Restrictions: Yes X No If "Yes", please provide copy. Does this project require a variance from the Zoning Board of Appeals __ Yes × No If "Yes", please provide copy of decision. Will this project require any demolition as per Town Code or as determined by Building Dept. Yes X No Does the structure(s) on property have a valid Certificate of Occupancy __ Yes No Prior permits/approvals for site improvements: Agency Date Southold Trustees #5940A June 24, 2004 __No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: Project Description (use attachments if necessary): Construct approximately 97 linear feet of vinyl bulkhead in place of existing storm damaged (Hurricane Sandy) timber bulkhead; construct +/-12' easterly remm; backfill storm eroded area landward of bulkhead with approximately 200 cubic yards of clean sandy fill; and construct 4~ x 8' steps to beach, all as depicted on the project plan prepared by En-Consultants, dated January 11, 2013. of Trustees Applicatio: WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: To replace and maintain an existing storm damaged bulkhead and restore the storm eroded area landward of the bulkhead. Area of wetlands on lot: 0 .square feet Percent coverage of lot: 0 % Closest distance between nearest existing structure and upland edge of wetlands: N/A feet Closest distance between nearest proposed structure and upland edge of wetlands: N/A feet Does the project involve excavation or filling? No X Yes If yes, how much material will be excavated? N/A cubic yards How much material will be filled? +/-200 cubic yards Depth of which material will be removed or deposited: N/A feet Proposed slope throughout the area of operations: N/A Manner in which material will be removed or deposited: Approximately 200 cubic yards of sandy fill will be dumped and graded behind the new bulkhead as backfill and to restore storm eroded areas. Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): The project seeks to replace an existing concrete seawall damaged during Hurricane Sandy with a vinyl bulkhead in the same location to restore the property's historical method of protection against erosion and flooding. Other than the ecological benefit of replacing a treated timber bulkhead with untreated vinyl sheathing, the project will effectively maintain the historically preexisting conditions along this bulkheaded shoreline without any change in or significant adverse impact on the adjacent unvegetated wetlands area or tidal waters of the Town. PROJECT ID NUMBER PART 1 o PROJECT INFORMATION 1. APPLICANT / SPONSOR Mary McFeely by En-Consultants 3. PROJECT LOCATION: Municipality Laurel 617.20 SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by A dicant or Project Sponsor) 2. PROJECT NAME County Suffolk 4. PRECISE LOCATION: Street Address and Road Intersections. Prominent landmarks etc - or provide map SEQR 5900 Great Peconic Bay Bouelvard, Laurel, Town of Southold, SCTM # 1000-128-2-9.1 5.15 PROPOSED ACTION: [~New D Expansion [~ Modification / alteration 6. DESCRIBE PROJECT BRIEFLY: Construct approximately 97 linear feet of vinyl bulkhead in place of existing storm damaged (Hurricane Sandy) fnnber bulkhead; construct +/- 12' easterly return; backfill storm eroded area landward of bulkhead with approximately 200 cubic yards of clean sandy fill; and construct 4' x 8' steps to beach, all as depicted on the project plan prepared by Eh-Consultants, dated lanuary 11, 2013. 7. AMOUNT OF LAND AFFECTED: initially 0.85 acres Ultimately 0.85 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR (TFHER RESTRICTIONS? []Yes ~ No lfno, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) [5~Residen~al ~]Industrial r]commercial r]Agriculture r]Park/Forest/OpenSpace r]other(describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) [~Yes [~]No lfyes, list agency name and permit / approval: NYS DEC Hurricane Sandy Emergency General Permit, US ACE Nationwide General Permit 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [5~Yes []No If yes, list agency name and permit / approval: NYS DEC Hurricane Sandy Emergency General Permit, US ACE Nationwide General Permit l~cS A P,~aJLT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT T~qE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponsor Name ~ E. Herrmann, Coastal Management Specialist Date: January 17, 2013 Signature ~/~A.,' __ , If the action is a Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT ITo be'completed b~/Lead A~lency) A. gOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and uss the FULL FAF. 1-1 v?s [Z]No B. WILL .~CTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative dectsmtlon may be superseded by another involved agency. [~Yes [~]No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be hanchwttten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing ~'affic pattern, solid waste produolion or disposal, potential for erosion, drainage or flooding problems? Explain boefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural ressumes; or community or neighborhood character? Explain C3. Vegetation or fauna, fish, shellfish or wildlife species, sign fi(ant habitats, or threatened or endangered species? Explain briefly: C4. Acommunitysexistlngplansofgoalsasofr~iallyadopted orac~aegeinuseormtensl~yofuseoflando*olhernaturalresources?Explanb~ y I I C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: I I C6. Long term, sho~t term, cumulative, or other effects not identified in C1~:57 Explain briefly: C7. Other impacts linctudin~ chan~es in use of either cluanfit¥ or type of energia/? Explain brieti¥: D. WILL THE PROJECT HAVE AN iMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA CEA ? If yes~ explain b~ie§y E. IS THERE, OR IS THERE LIKELY TO BEt CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If yes explain: PART III - DETF~INATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: F~reachadversee~ectidenti~edabeve~determinewhetheritissubstantiaI-~arge~imp~rtant~r~the~wisesigniticanL Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irrevemibility; (e) geographic scope; and (f) ruagnitude. If necessa~, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes, the determination of significance must evaluate the potentialimpact of the proposed action on the environmental characteristics of the CEA. Ched~ this box if you have leentified ene or more potenfially la~ge or significant adveme impacts which I~aAY occur. Then proceed direcity to the FUU FAF andlor prepare a Ix~e declaration. Check this box if you have determined, based on the information and anslysle above and any ssppediog documentation, that the pmpesed actim WILL NOT result in any significant adverse envimnmrmtal impacts AND provide, on attachments as necessary, ~he reasons suppoding thl~ determination. Board of Trustees Name of Lead Agency ~';~gnatune of Responsible Offi~r ~ ~ Agen~ President Date Title of Responsible Officer Signalure of Preparer (If different fi.om ~esponsible officer) NOTICE TO ADJACENT PROPERTY OW! BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: Mary McFeely Sout~o/d Town SCTM#1000_125~2_;.t . I]oardofTrus~ee~ YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Construct approximately 97 linear feet of vinyl bulkhead in place of existing storm damaged (Hurricane Sandy) timber bulkhead; construct +/- 12' easterly return; backfill storm eroded area landward of bulkhead with approximately 200 cubic yards of clean sandy fill; and construct 4' x 8' steps to beach, all as depicted on the project plan prepared by En-Consultants, dated January 11, 2013. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 5900 Great Peconic Bay Boulevard, Laurel 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: February 20, 2013 ~ 4:00 P.M. You may contact the Trustees Office at 765-1892 or in writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. PROPERTY OW~NERS NAME: MAILING ADDRESS: PHONE#: Mary McFeely 5900 Great Peconic Bay Boulevard, Laurel, NY 11948 631-298-5440 Eh-Consultants AGENT: MAILING ADDRESS: 1319 North Sea Road, Southampton, NY 11968 PHONE #: 631-283-6360 Enc: Copy of sketch or plan showing proposal for your convenience. z 1" = 50' APPROX. LIMIT TO BE ERODEO AREA REVEGETATED VIA PROPOSED -+12' RETURN ECE VE I" FEB 1 2 2013 Southold ]own Board , Trusk, es PROP. ADJ. BLKHD. TO CONNECT TO PROP. BLKHD. (SEE APPLICATION BY O'SHAUOHNESSY) PROPOSE[ _+97 L.F. OF VINYl. BULKHEAD TO BE CONSTRUCTED IN PLACE OF EX. STORM DAMAGED (HURRICANE SANDY) TIMBER BLKHB. PI~OPO~F I~PLACI~MI~NI' OF 5fOI~M FANF~F [~Li. KHP. AF POF, M~Y MCPP. I%Y ON 61~Af P~CONIC BAY, L,NJI~L, 5UPPOLK (:0,, NY 5PI1~t~1'1 OF 2 1/11/1~ SUCTION ¢rlP. U PROPOSBI¢ ~LIB~BAP RBPBACBMBNT ~ouihold Town X" ?O?"Jl T? S 7 ~;T! ?VvtPTOL', I'CY. 115'5,1, PROPO~I~ I~PLACI~NT OF 5f01~ MCP[I~LY ON 61~^f P~CONIC BAY, LALII~I., f:~PPOLK CO,. NY f~l~P.f 2 OP 2 1/11/1~ Name: John Rozansky Jr. Trust OF MAILING OF NOTICE'S' ATTACH CERTIFIED MAlL RECEIPTS Address: 60 Cedar Lake Road Denville, NJ 07834 Elizabeth & Stephen O'Shaughnessy 27 Survey Drive Merrick, NY 11566 Mm-isa Fox & Michael Bevilacqua 170 East 87th Street New York, NY 10128 Robert & Kim Costantini 5700 Great Peconic Bay Bouelvard Laurel, NY 11948 ~outhoIO Town Board of Trust~ STATE OF NEW YORK COUNTY OF SUFFOLK Robert E. Herrmann doing business at Eh-Consultants 1319 North Sea Road Southampton, NY 11968 , being duly sworn, deposes and says that on the 8f3u day of FebL~]ary ,20 13 , deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Southampton , that said Notices were Mailed to each of said persons by (certified)(x~i~) mail. Sworn to before me this day of February ,20 13 ~.~ x~. Nc~tar,fffPublic 8th KlM H. STEPHENS NOTARY PUBLIC STATE CF F'E~7 YORK COMMISSION NO, 5015931 OUALIFIED IN SUFFOLK COUNTY EXPIRES A~BUST ~. 2Of~ ru i~- [*ontro John Rozansky Jr. Trust ~] I~'m~:: 60 Cedar Lake Road ----I [.o_(.v..o.~o_~ Denville, NJ 07834 / ............................... ' .................. '111"' ov,~~rro Elizabeth & Stephen O'Shaughnessy / ~iu 27 Survey Drive ........ 1 ..o~...~o..~. Merrick, NY 11566 ........ l Postage Cedified Fee r--i Return Receipt Fee ~] (Endorsement Required) (Endorsement Required) ru Postmark Here Marisa Fox & Michael Bevilacqua th r t 170 East 87 St ee ---1 New York, NY 10128 5700 Great Peconic Bay Boulevard Laurel, NY 1948 .hunts t I<in~. Ihc~idcn~ Bob Ghosio..h . x, i~N;~cxidcnl I tlX~ll ]lalL 53095 Main Rd P.() Box 1179 Soulhold. NY 11971 I clcphone (031 ) 765-1892 I:ax {631 ) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of MARY McFEELY COUNTY OF SUFFOI,K) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, Robert E. Herrmann , residing at/dba En-Consultants 1319 North Sea Road, Southampton, NY 11968 being dui} sworn, depose and say: That on the 7ti~ay of February ,2013, I personally posted the property known as 5900 Great Peconic Bay Boulevard, Laurel; SCUM #1000-12_8-_2v9,1 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 Wednesda% February 20~ 2013. Dated: (signature-- -~ Sworn to belbre me this 20thday of P~b 2013 ~Pnbli~/(~ KlM H. ST/PH£ES NOTARY PUBLIC BTATE OF NE~ YORK COmmISSION NO, 5015931 OUALIFIEO IN SUFFOLK CO~NTY EXPIRES AUGUOT 2, NOTIC OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be hel.d by the SOUTHOLD BOARD OF TRUSTEES at the Town Hall, 53095 Ma~n Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: SUBJECT OF PUBLIC HEARING: To construct al~roxin~ately 97 linear feet of vinyl bulkhead in-place of existing storm damaged (Hurricane Sandy) timber bulkhead; construct +12' easterly return; backfill storm eroded area landward of bulkhead with approximately 200 cubic yards of clean sandy fill; and constrt~ct 4'x8' steps to beach. TIME & DATE OF PUBLIC HEARING: · If you have. an ~n'~ ferest, in this. pro"ect,.i you are invited to view. the Town. file(s) which are available for ~nspechonpnor to the day of the heanng dunng normal business days between the hours of 8 a.m and 4 p.m. BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631 ) 765-1892 Board of Trustees A~plication County of Suffolk State of New York /f7 a ~// BEING DULY SWORN DEPOSES AND AFFIRMS THAT ~E/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 VIRTHE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. SWORN TO BEFORE ME THIS Signature ~'' DAYOF ~)~'ee,~ /:~ ,20/-~ KIH H. STEPHENS NOTARY PUOLIC STATE OF NEW YORK COMMISSION NO. 5075931 QUALIFIED IN SUFFOLK COUNTY EXPIRES ADEUST 2, 20~ Boar~ of Trustees Application AUTHORIZATION (where the applicant is not the owner) (p~ir~t 6/wner ofp~ roperty) / residing at .'5'"~Z~ /~'/I/-~L ~//~ (mailing address) do hereby authorize (Agent) to apply for permit(s) from the Southold Board of Town Trustees on my behalf. (Ow~s s'ignature) f APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics orohibits conflicts of interest on the vart of town officers and emolovees. The oumose of this form is to provide information which can ale~ the town of oossibla conflicts ofintereat and allow it to lake whatever action is neecssarv m avoid same. (Last name, first da&e, middle initial, unless you are applying in the name of someone else or other entity, such as a company, lfso, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (I f "Other", name the activity.) Do you personally (or through your company, speuso, sibling, parent, or child) have a relationship with any officer or employee of thc Town of Soathold? "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 whish the town officer or employee owns more than 5% of the shares. YES NO ~. ,,~ If you answered "YES". complete thc balance of this form and date and sign where indicated. Name of person employed by the Town of Soathold Title or position of thet pe~son Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, paint, or ohild 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 coq~oration); B) the legal or beneficial owner ofany interest in a non-corporate entity (when the applicant is not a co~oration); __f~) an officer, director, partner, or employee of the applicant; or --D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS 1 Submitted this _day of 200 Signature';~L~_~ Print Name Town of Southold LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail~ listing both supporting and non- suooorting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. ,IA~I 2 5 2013 $outhold B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 128 2 . 9.1 PROJECT NAME MaryMcFeely The Application has been submitted to (check appropriate response): TownBoard [~ PlanningBoard~] Building Dept. ['--] BoardofTrustees[5~] Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Construct approximately 97 linear feet of vinyl bulkhead in place of existing storm damaged (Hurricane Sandy) timber bulkhead; construct +/-12' easterly return; backfill storm eroded area landward of bulkhead with approximately 200 cubic yards of clean sandy fill; and constxuct 4' x 8' steps to beach, all as depicted on the project plan prepared by Eh-Consultants, dated January 11, 2013. Location of action: 5900 Great Peconic Bay Boulevard, Laurel Site acreage: 0.85 acres Present land use: Residential, one-family dwelling Present zoning classification: R-40 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Mary McFeely (b) Mailing address: 5900 Great Peconic Bay Bouelvard Laurel, NY 11948 (c) Telephone number: Area Code 631-298-5440 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? NYS DEC Hurricane Sandy Emergency General Permit Yes [/xJ No I I If yes, which state or federal agency? us ^ct~ Nationwide General Permit C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ~Yes ~ No ~ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes No Not Applieablc Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ~ Yes ~ No ~ Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ~ Yes ~ No ~ Not Applicable The project seeks to replace an existing timber bulkhead damaged during Hurricane Sandy with a vinyl bulkhead in the same location to restore the property's historical method of protection against erosion and flooding. The existing, developed site has been improved with and supported and protected fi-om flooding and erosion by a bulkhead since prior to 1977, and there is no viable non-structural alternative means of maintaining and protecting the upland portion of the property in its currant location. Without ~placement and maintenance of the bulkhead the subject and adjacent propei~ties would be exposed to severe erosion, flooding, and damage to the residential structures located thereon. Therefore the project is consistent with Policy 4. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ~ Yes ~ No ~ Not Applicable The project is consistent with Policy 5 to the extent that the existing treated timber bulkhead will be replaced with a bulkhead constructed with vinyl sheathing. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes ~ No ~ Not Applicable Other than the ecological benefit of replaci~treated timber bulkhead with untreated vinyl _~hhing, the project will effectively maintain the historically preexisting conditions along this bulkheaded shoreline without any change in or significant adverse impact on the adjacent unvegetated wetland area or tidal waters of the Town. Therefore, to the extent Policy 6 is applicable to the project, the proposed work is consistent with the policy. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. [--] Yes [~No~] Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. Yes No Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes NoN Not Applicable Insofar as Policy 9 can be applied to the current project, the project is consistent with Policy 9 because the proposed m~placement of the existing structure will in no way impede or preclude public access along the adjacent shoreline. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's wa~dependent uses and promote siti~f new water-dependent suitable locations. See LWRP Sectl%n III - Policies; Pages 47 through 56~ for evaluation criteria. ~] Yes ~] No [~ Not Applicable uses in Attach additional sheets if necessary Policy 11. Promote sostaioable use of living marine resources ia Long Island Sonnd, the Peeooie Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaloatiou 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 Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [--] Yes ~] No [~ Not Applicable Robert E'~ann P~PA~DBY TITLEcoastsl Management Specialist DATE 1/17/13 Amended on 8/1/05 EN CONSULTANTS January 17, 2013 Town of Southold Board of Trustees 54375 Main Road Post Office Box 1179 Southold, New York 11971 Re: Mary McFeely 5900 Peconic Bay Boulevard, Laurel SCTM #1000-128-2-9.1 C :IVE dali 2 5 2013 S0uth01d f]0ar0 of Trustees Dear Board of Trustees: In regard to the above referenced property, enclosed are the following for the Board of Trustees review: Three (3) Wetland Permit Applications including: a) Short Environmental Assessment Form; b) Authorization & Disclosure Forms; c) project plans; and d) survey. One (I) set of site photographs. Application fee of $250.00 wetlands. Three (3) LWRP Consistency Assessment Forms including: a) project plan. I trust this information shall allow you to process our permit request. Should any additional information be required, please do not hesitate to contact our office. Robert E. Herrmann Coastal Management Specialist /khs Enc. ~ r 1319 North Sea Road I Southampton, New York 11968 p 631 283 6360 I f 631 283.6136 = RESOLUTION 2013-189 ADOPTED DOC ID: 8608 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-189 W~S ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 26, 2013: RESOLVED that the Town Board of the Town of Southold hereby waives Trustees' permit fees for any repairs or ~onstmction, that in the sole discretion of the Board of Trustees, are determined to be related to Superstorm Sandy, until April 1, 2013. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUSI MOVER: Jill Doherty, Scott Russell SECONDER: William Ruland, Councihnaa AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell BOARD OF TOWN OF DATE~ ~: )LD APPROX. LIMIT TO BE ERODED AREA REVEGETATED PROPOSED ~12 RETURN Southold Town Boarl;I of Trustee~ PROP. ADJ. BLKHD. TO CONNECT TO PROP. 8LKHO. (SEE APPLICATION DY O'SHAUGHNESSY) --+97 L.T. OF' VINYL BULKHEAD TO BE CONSTRUCTED IN PLACE OF EX, STORM DAMAGED (HURRICANE SANDY) TIMBER BLKHD. GR£A T P£CONIU ~ L':i,,~i':~.=,;,.. i ,::3 PI~OPO5~P I~PLACE!MIbNI' OF 5fOP. Jrt P/~I~P 13LLKt-II~AP FOR M/~ MCPIb~LY ON 61~Af PI~CONIC 13AY, LALII~L, 5UPPOt-K C0,, NY 51-1[~l~fl 0P2 1/11/15 FROPO~P ISPL~P.~NT OF STORM PAM,~UP B~ FOR ~ MCP~LY ON 6~M P~CONIC BAY, L~L, ~P~K CO,, NY ~f2 ~ 2 I/JI/l~ PARTIAL 5URME"r' OF= PROPER'Pr' 51'I'UATE.- L/ClREL TOk, IN: 50UTHO~ .5~---FOLK C, OIJN'fY, NY DATE; I2-~0-2012 ff~UFFOLK C, OUN~f' TAX # I000 - 126 - 2 - q,I N 5~00 PECONIC nAY BLVD. LAURE~ N.Y. ®P-.APHIC, 5GALE ~iE'I' MAP NOT TO PRNPA~r~ BY: LAND SURVEYOR RIVERHEAD, N.Y. 11901