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HomeMy WebLinkAboutTR-8049 gUFFU(�- James F.King,President �p� �G Town Hall,53095 Main Rd Bob Ghosio,Jr.,Vice-President P.O.Box 1179 Dave Bergen o- Southold,NY 11971 John Bredemeyer O • Telephone(631)765-1892 Michael J.Domino y�Oj �! 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 15}day of construction Yz constructed Project complete, compliance inspection ` BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD,NEW YORK PERMIT NO. 8049 DATE: FEBRUARY 20, 2013 ISSUED TO: ELLEN F. EMERY PROPERTY ADDRESS: 5925 NASSAU POINT ROAD, CUTCHOGUE SCTM# 111-13-6 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$250.00 paid by Lark&Folts or authorized waiver of Town Board 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 replace 100' of failed bulkhead with two 8' returns; replace !! 100' of failed retaining wall; and replace beach access stairs, all destroyed by Hurricane Sandy; with the condition that a spring inspection of buffer areas be completed to ensure a natural buffer; and as depicted on the project plan prepared by Seacoast Construction, last dated on February 12, 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. - O� fig --- _ C45 T O I A p! nrtA'i9bnn Mnvwn ur E e aLiu.>Fmv .Fr IX'Adb itr{w rBv,RiA .wxn�HvUlAn Huu&yrinM:.w,iN`Aftv Zt AYabnmmnn6m?iNtlb�r' bnr)Zrurx[rmlRu, r a✓nY(�YF. .�_. ar,.auv -r � T� TERMS AND CONDITIONS The Permittee Ellen F. Emery, residing at 5925 Nassau Point Road,Cutchog_ue, New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: 1. That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will,at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. 2. That this Pennit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long as the said Pennittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized,or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. 8. That the said Board will be notified by the Pennittee of the completion of the work authorized. 9. That the Pennittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. 0 James F. King,President ��of so�ryo Town Hall Annex Bob Ghosio,Jr.,Vice-President ,`O l0 54375 Main Road Dave Bergen y P.O. Box 1179 T Southold,New York 11971-0959 John Bredemeyer G Q Michael J. Domino Telephone(631) 765-1892 �yCIOUNN, ` Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD February 20, 2013 Mr. Richard F. Lark Lark & Folts, Esqs. PO Box 973 Cutchogue, NY 11935 RE: ELLEN F. EMERY 5925 NASSAU POINT ROAD, CUTCHOGUE SCTM# 111-13-6 Dear Mr. Lark: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, February 20, 2013 regarding the above matter: WHEREAS, Lark & Folts, Esqs. on behalf of ELLEN F. EMERY applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated January 30, 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, 2 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 ELLEN F. EMERY to replace 100' of failed bulkhead with two 8' returns, replace 100' of failed retaining wall; and replace beach access stairs, all destroyed by Hurricane Sandy; with the condition that a spring inspection of buffer areas be completed to ensure a natural buffer; and as depicted on the project plan prepared by Seacoast Construction, last dated on February 12, 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: $50.00 Ve truly yours, o'er James F. King President, Board of Trustees JFK/amn 0 James F. King,President o v� � Town Hall Annex Bob Ghosio,Jr.,Vice-President u. 54375 Route 25,P.O.Box 1179 Dave Bergen v�� 0� Southold,NY 11971 John el J. Domino 0j Telephone(631)765-1892 Michael J. Domino Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: 2 I F Vl F fY)E 01 L b Lay-J:l + R }- l- s Please be advised that your application dated 3 has been reviewed by this Board at the regular meeting of and your application has been approved pending the completion of thelfollowing items checked off below. Revised Plans for proposed project Pre-Construction Hay Bale Line Inspection Fee ($50.00) 1 si Day of Construction ($50.00) /z 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: $ SO. D( i BY: James F. King, President Board of Trustees o�gpFFO(,f • Peter Young,Chairman Town Hall,53095 Main Rd. Lauren Standish,Secretary G P.O.Box 1179 'F 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 Doug Hardy, to TABLE the Wetland Permit application of ELLEN F. EMERY to replace 100' of failed bulkhead with two 8' returns; replace 100' of failed retaining wall; and replace 75' of beach access stairs. Located: 5925 Nassau Point Rd., Cutchogue. SCTM#111-13-6 Inspected by: John Stein, William McDermott The CAC Tables the application because the project requires a site plan. Vote of Council: Ayes: All Motion Carried is sutFo�� James F. Kin-,President p� CQG P.O.Boz 1179 Bob Ghosto,Jr.,Vice-President �ti� d Southold,NY 11971 Dave Bergen Telephone(631 765-1892 John Rredeme}cr Fax(63 1)765-6641 Michael.1 Domino Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: Y-,e'jY % / 2_011 e�q �! Lark & Folts, Esqs. on behalf of ELLEN F. EMERY requests a Wetland Permit to replace 100' of failed bulkhead with two 8' returns; replace 100' of failed retaining wall; and replace beach access stairs, all destroyed by Hurricane Sandy. Located: 5925 Nassau Point Road, Cutchogue. SCTM# 111-13-6 Type of area to be impacted: _Saltwater Wetland _Freshwater Wetland _Sound ✓ Bay Distance of proposed work to edge of wetland Pa,Uf Town Code proposed work falls under: i Chapt.275 Chapt. 11111 _other Type of Application: " Wetland _Coastal Erosion _Amendment _Administrative_Emergency _Pre-Submission Violation Info needed: Modifications: 37b 10 c7r."L r­ew e Conditions: Preseept Were: J. Kin v B. Ghosio D. Bergen, t/1. Bredemeyer Michael Domino D. Dzenkowski other Form filled out in the field by Mailed/Faxed to: Date: Confirmation Receipt re:ELLEN F.FIERY-5925 Nassau Point Rd • Pagel of 2 From: SandyRl <SandyR1@gw.dec.state.ny.us> To: larkandfolts<larkandfolts@aol.com> Subject: Confirmation Receipt re: ELLEN F. EMERY-5925 Nassau Point Rd Date: Wed,Jan 30,2013 11:46 am Attachments: General_Permit_GP-0-12-006.secure.pdf(711) Subject: General Permit GP-0-12-006 - Hurricane Sandy General Permit This confirms our receipt of your Notice of Intent for GP-0-12-006 which is the General Permit authorizing recovery and repair work associated with storm damage from Hurricane Sandy. A copy of the General Permit is attached and it is also available on DEC's webpage, http://www.dec.ny.gov/ptiblicn6659.htiul. Please ensure that those doing the actual work understand and comply with all terms and conditions of the General Permit.Any failure to conform with the scope of activities and conditions of this permit shall be treated as a violation of the Environmental Conservation Law If you have questions or encounter unforeseen problems during the course of the work,contact the Regional Permit Administrator for your county: For Nassau and Suffolk Counties: NYS DEC REGION 1 Regional Permit Administrator SUNY @ Stony Brook — 7g 50 Circle Road �v n Stony Brook,NY 11790-3409 u ll f I II (631)444-0365 JAN 3 1 U fax: (631)444-0360 2013 email: rldepL(u>rw.dec.state.ny.us �_ Southold Town Or Contact: Boar of Jr, ees NYS DEC Division of Environmental Permits 625 Broadway Albany,NY 12233-1750 (518)402-9167 fax: (518)402-9168 email: deppnntrdgw.dec,state.iiy.us >>> Sarah Evans 1/30/2013 9:50 AM >>> Came to me directly because I spole to her on the phone. Please process as usual. Thanks, Sarah >>> <larkandfoltsCd)aol.com> 1/29/2013 2:07 PM >>> Dear Ms. Evans: Please see the attached letter and Notice of Intent for General Permit. If you have any questions, or need further information, please do not hesitate to call. Very truly yours, Mary D. Holland Secretary httn://maii.aol.com/37309-11 1/anl-6/en-ns/mnil/PrintMeccnae nenr NEW YORK STATE DEPART OF ENVIRONMENTAL CONSERVATO General Permit Number GP-0-1 006 PERMIT Under the Environmental Conservation Law (ECL) GENERAL PERMIT GP-0-12-006 Hurricane Sandy General Permit Pqatfi`l�ee and Facility Inforon Permit Issued To ' Facility: ' Affected Andowner Location Listed on Notice of Intent ^ia �t ;t Appl'able DEC Region(s): 1 ,2,3 Genal Permit Authorized Activity: General Permit for repair of damages resulting from Hurrilne Sant'. V Description of Authorized Activities: 1. Stabilization Loxigtiiiie'fbdittibna,,storm-damaged dwellings, decks and walkways with tgmporar}r bracin�-Iilmgs; 2. C, traction of a single 4' wide access walkw�.access damaged dwells wv 3. Installation of up to four rows of sandbags or 1 cu "Y&demand=cubes4f toe of storm damaged structures or eroded escarpments; 4. Plcement of sand and/or material equivalent to existing material at the toe of of escarpmentY 5. Repan or reconstruction of stairways that were functional before Hurricane Sandy; 6. Re- ade eroded dunes; 7. Inl(i11rp1at e m�na;r car r£C1dAStNctienf�ulkheads-and,shoreline erosioa stiucturesdhat mk functional before Hurricane SannddX; 5$ x 8. Repair a,reconstrucnon of e�usUng public roads,bnages, utilities and other public mfrastr tare. r All work shape done according to the permit conditions contained herein. . Permit Authorizations Tidal Wetlands - Under Article 2 Effective Date: 10/31/2012 Expiration DEdlb/31 2613 Excavation & Fill in Navigable Waters - Under Article 15, Title 5 Effective Date: 10/31/2012 Expiration Date: 10/31/2013 Water Quality Certification- Under Section 401 - Clean Water Act Effective Date: 10/31/2012 Expiration Date: 10/31/2013 Coastal Erosion Management-Under Article 34 Effective Date: 10/31/2012 Expiration Date: 10/31/2013 Page 1 of 6 NEW YORK STATE DEPART OF ENVIRONMENTAL CONSERVATI General Permit Number GP-0-1 06 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 all conditions included as part of this permit. General Permit Authorized by .7 Permit Administrator:JO __ J -,E , Chief Permit Admimstrat'oi ..,, Address: NYEC HEADQUARTERS 625 BROADWAY ALBANY,NY 12233 Authorized Signature: s Date: 10/31/201 �i Permit Components NATAJRAL RESOURCE PERMIT CONDITIONS WATER QUt1LIT,.Y,jCERTIFICATION:SPECIFIC CGNDIT, 10N. GENT R"A1 CONDITIONS,APPLY T6'—AISITHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATI6I� NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Follow►ngf Permits: COASTAL EROSION MANAGEMENT, WATER QUALITY CERT,jElCA,UM 'JGAAB ' R AL .,-MIS mIIS., , ,. . .._ t,: ..... 1. ConformAnce With Plans All activities authorized by this permit must be in strict confd mance with the approved plans submitted by the applicant or applicant's agent as part of the permit application. Such approved plans were prepared by the applicant and/or an authorized representative 2. In-kind,In-place Iflipair or Reconstruction Existing bulkheads, walkways and shoreline erosion structures that were functiodittgat the time of the storm damage may be retied or reconstructed in- kind and in-place of the existing s al es. No expansion or seaward i' ension of bulkheads or shoreline structures is authorized by this p7eYt 3. 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. 4. Stairway Design The stairs and landings shall be a maximum of 4 feet in width and constructed a minimum of 3 feet above grade over the dune/bluff face. Page 2 of 6 NEW YORK STATE DEPART OF ENVIRONMENTAL CONSERVAT* General Permit Number GP-0-1 06 5. 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. 6. Equipment Operation Equipment operation below the high tide line is strictly prohibited. The storage of construction equipment and materials shall be confined to the project work area and areas more than 100 feet from the high tide line. 7. Sanitary Systems This pertx3itoes not authorize filling or re-giadin of exposed sanitary systems. Landowners must apply forfi='aeparate permits to perform repairs or reconstructipn to sanitary systems. 8. Hydraulically flledySandbags, Sand Cubes and Geotubes Hydraulically filled#sandbags, sand cubes and geotubes are strictly prohibited. ., 9. Beach Estavation Prohibited for Fill Excavation of the beach or dune for the purpose abf obtaining fill materi is prohibited. Sandbags may not be filled using sand from the beach or dune areas:. Sandba must be filled with clean sand;no debris or deleterious materials are allowed. 10. S ' dbag and Sand Cube Installation Sandbags and sand cubes must be installed no more ttzan four r ' ' ws deep and a maximum of three rows high. i 11. Removal of Sandbags and Sand Cubes Sandbags and sand cubes must be removed within 126,, days oittstltigtl, Q r a SepaXate D) C�er�nvt to allow the structuzes toxema111permanently must be x.. obtained. 12. Tidal Weiland Vegetation There sballsbe no disturbance or damage to vegetated.-tidal andspr dunepnVegetafion as a result of the work perforinIM�4er this permit All necess ry frecautions must be take to prevent damage or disturbance to these vegetateareas", x 13. construction Debris All construction debris shall be cleaned up at the end of each work day afid dispc4ed properly. No debris is permitted in tidal waters or the beach areas. �y 14 Asim Longhorned Beetles Any tree debris within New York City,Nassau or Suffolk coup es shall beispo eaoppingoess'ffiari u►ciin ary two` imensions alien used"as muicli erosion control, bui�dingerit; r' u1 Wtrtay bttl} bemoved ftomsianolrghomed-Be"ttt�gttntine areas under'kipemrit from the NYS Department of Agriculture and Markets (http://wviw.a�r4culture.ny.gov/PI/a lb.html). ".W.. 15. Least Terns Piping Plovers All recovery and repair work occurring in open;sandy beach areas must cease on 31, 2013 to protect potential habitat for Least Tern and Piping Plover, unless otherwise authorized in waiting by the Department. 16. No Dredging or ExcavationIfo dredgzng excavating or..other Alteration of shoreline or underwater areas is authorized by this permit,nor Shi issuance of this permit be construed to suggest that the Department will issue a permit for such activities in the future. 17. No Interference With Navigation There shall be no unreasonable interference with navigation by the work herein authorized. Page 3 of 6 NEW YORK STATE DEPART OF ENVIRONMENTAL CONSERVAT* General Permit Number GP-O- 06 18. 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. 19. 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 expi. ititY'brk �bnvaf ftpermit,the structure, fill, excavation, or other modificaq,",..bf e watercourse hereby authoriz819WI.not be completed,the owners, shall, without ex se to the State, and to such extent and in such tiffid and manner as the Department of En ental Conservation may require, remove all or any portiolf the uncompleted structure or fill and estore to its former condition the navigable and flood capacity chhe watercourse. No claim shall l 'made against the State of New York on account of any such removal o�xTlteration. 20. 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 Sate, and to such eXitent and in such time and manner as the Department of Environmental Conservation may lawfully require,remove all or any portion of the uncompleted structure or fill and restore the sitJto its formet'condition. No claim shall be made against the State of New York on account of any such removal or alteration. 4 �J 21 Trecautions Against Contamination of Waters All necessary precautions shall be taken to pre c tlele e6tit tail tlatrorr f tly til ar watdrm by=s et'tdedso4irls-Sedifffm "fuels lvenm lubricants, epoxy coati pant-& concrete, leachate or any other environmentally deleterious materiels associated kvithie project. WATER QUALITY CERTIFICAlfbNSPEOWICtONDITIONS 1. Wter Quality Certification The NYS Department of Environmental Conservation hereby certifies that tli 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 isteerem are w m GE.NERAL CONDITIONS - Apply to ALL Authorized Permits: 1. Facility Inspection by 3 Ite Department The permitted site or facility, lneliiding relevant records, k,.. is subject to inspection at reasor ble„hours and intervals by an authonzedYepresentative of the Department of Environmental Conseou,,the Departmegt)Ao,d6feJ ine 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). Page 4 of 6 NEW YORK STATE DEPARTMFghOF ENVIRONMENTAL CONSERVATHO General Permit Number GP-0-12IW6 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 tlwD60' ofi hyofthe terms, conditions or requirements contained in such order or det,"mination. 3. Applications For `mit Renewals,Modifications or Transfers The permittee must submit a separate written aication to the Department for permit renewal, modification or trailer of this permit. Such application must include any forms or supplemental information the Depaltilient requires. Any renewal °codification or transfer granted by the Department must be in writing. Subi sion of applications44cr permit renewal,modification or transfer are to be submitted to: x Regional Permit Administrator 625 Broadway " Albany, NY 12233-1750 4. 5``$lbli'S"5fifii'°�fi'R'�1tSTc�'flhti�'vf't 'iii'i°ff 'tYttFSC' iftsritit •itret+ l' pl'lC�tion`at leasfi`U days before permit e'Viratiom4r the following permit authorizations: Tidal Wetlands, Excavation.& Fill in Nav' aters, Water Quaifft Certification, Coastal Erosion Management. } 5 )f?"ermit Modifications, Suspensions and Revo�Ann by the DeparttmenfP"The Department reserves the right to exercise all available authority to mod'i s ft&ffor revoke this permit. The grods for modification, suspension or revocation include: a. materially false or inaccurate statements in the permit application or supporting papers; b. faiTii&1iy,th&ffi ii titT t6" i ijitg w t�' i teliH§'6t't oiidlYibiis'df ill "permit; ' "z 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 tec tology or applicable law or regulations since the issuance of the3eiisting permit; e. noncompliance with feviously issued permit conditions, orders of tl A6ommissioner, any provisions of the Enviroilnerttal Conservation Law or regulations,d 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. Page 5 of 6 NEW YORK STATE DEPART OF ENVIRONMENTAL CONSERVAT� General Permit Number GP-O- 06 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 per ittee's acts or omissions in connection with the permittee's undertaking of activities in connection with, or operation and maintenance ofrthe facility or facilities authorized by the permit whether in compliance or not in compligppd iii the terms and conditions of the permit. YThis indemnification does not extend to any claims,strits, actions, or damages to the extent attributable WDEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC "arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civilfights provision under federal state laws. Item B: PelPmittee's Contractors to Comply with Permit The permtee is responsible for informing its independent contractors, employees, agents and aligns of their re onsibility to comply with this permit, including all special conditions while acting as the permittiks agent with respect to the permitted activities, and such persons shall be subject to the dine sancfins for violations of the Environmental Conservation Law as those prescribed for the permittee. Item`C: Permittee Responsible for Obtaining Other Required Permits The ernuttee isxesponsil?le for obt ng azmy„otherperputs, ap�mrov lshlands,yeasements acrd rights-6f- way that may be required to cavy out the activities that are authorized by this permit. Item D; �FbR�ght to Trespass or Interfere kith Riparian Rights , Thit?ermit does not convey to the permittee any right to trespass upon the lids of interfere with the ripa ian rights of others in order to perform the permittedwark nor does,it auihorize 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 a BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD,NEW YORK PERMIT NO. 7706 DATE: JANUARY 18, 2012 ISSUED TO: ELLEN F. EMERY PROPERTY ADDRESS: 5925 NASSAU POINT ROAD,CUTCHOGUE SCTM# 111-13-6 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 January 18,2012 and in consideration of application fee in the sum of$250.00 paid by Ellen F.Emery and subject to the Terms and Conditions as stated in the Resolution,the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to construct a 32 square foot observation platform in conjunction with the existing stairway system; and as depicted on the site plan prepared by Ned Harroun, last dated January 12,2012,and stamped approved on January 18, 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. a )1 v Dave Bergen Abstained BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOL%NEW YORK PERMIT NO. 7652 DATE: SEPTEMBER 21,2011 ISSUED TO: ELLEN F. EMERY PROPERTY ADDRESS: 5925 NASSAU POINT ROAD,CUTCHOGUE SCTM# 111-13-6 AUTHORIZATION Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on September 21,2011 and in consideration of application fee in the sum of$500.00 paid by Ellen F.Emery and subject to the Terms and Conditions as stated in the Resolution,the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to repair and replace existing stairs and platform in the same location; trim and remove dead and overgrown vines and non-native vegetation on bluff; build terracing and install erosion control mats at top of the bluff; replant bluff with native plant material; replace the existing fence along the top of the bluff, and for the existing flagpole; with the conditions that the platform is reduced to 32 square feet; the use of non-treated lumber on the decking; the fence is moved back to the flagpole; the area between the fence and the top of bluff is to remain un-mowed and left in its natural condition; and as depicted on the site plan prepared by Ned Harroun,received on December 29,2011, and stamped approved on January 11,2012. IN WITNESS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affured, and these presents to be subscribed by a majority of the said Board as of this date. o`r r �S F91A' /i)11,M ohe y Dave Ber en — Recused -!- 1 e- iv1 �� p ECS yr JAN 3 y' uthold T F. y • • klv ♦ a.ri.. f -�e m �i i� w 5A" r t 1i ti. tA, � '4L � a A 4� N+� m • "oAlre 9►�'4 "' 4 tr '•�'�x' I Pn nm Com , hr,a 4 �s`` AlL ,.. s + Iz Jfi 8 .v".sem ,. Q5 •',.w. ~n ,a ^ \ T+ m m �w"*e d w � .,\:n�� ��• r.�Y L rrJid dP72 Lwn e ,. 10 COUNTY OF SUFFOLK SEI Reel R�m Taz 111 LARK& FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE,NEW YORK 11935 Tele.No.(631)734-6807 RICHARD F.LARK Fax No. (631)734-5651 MARY LOU FOLTS E-mail: LarkandFolts@aol.com March 15, 2013 Southold Town Board of Town Trustees 54375 Main Road P.O. Box 1179 Southold, NY 11971 RE: Application of Ellen F. Emery (Trustee of the Ellen F. Emery 1999 Revocable Trust) SCTM #1000-111 . 00-13 . 00-006. 000 Gentlemen: In regard to the above-captioned application, please find enclosed herewith our check in the sum of $50 . 00 representing the Final Inspection Fee . Please issue the permit to Ellen F. Emery (Trustee of the Ellen F. Emery 1999 Revocable Trust) at this time. Very truly yours, Richard F. Lark :mdh Encs . � ECE9VE !� MAR 55 2013 -' Southold Tom Bond ofrrg_,,.s_ — OFFICE LOCATION: ��OF SO(/jyO MAILING ADDRESS: Town Hall Annex ,�O l� P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) H Telephone: 631 765-1938 Southold, NY 11971 • i� Fax: 631 765-3136 00UffiN,� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM ECEI �i E To: Jim King, President Town of Southold Board of Trustees E812013 From: Mark Terry, Principal Planner LWRP Coordinator sout0 Tcwn and of Trusi Date: February 13, 2013 Re: Proposed Wetland Permit for ELLEN F. EMERY SCTM#1000-111-13-6 Lark & Folts, Esqs. on behalf of ELLEN F. EMERY requests a Wetland Permit to replace 100' of failed bulkhead with two 8' returns; replace 100' of failed retaining wall; and replace beach access stairs, all destroyed by Hurricane Sandy. Located: 5925 Nassau Point Road, Cutchogue. SCTM# 111-13-6 The proposed actions have 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 above actions are CONSISTENT with the LWRP. Note that the Board issued a permit for the bulkhead (in-part) in 1993, stairs and platform in 2011 and 32 sq. ft. observation platform in conjunction with the stairs in 2012 (all shown below). �i^` y°y. ! � #" • '� ,l. t "ms's e F i r u BOARD OF SOUTHOLD TOWN TRUSTIES sotnuota, YORK PE"Wimm DAM-scrmtMaIjU MUED TO: 1ii.LEN F.EMMY MOPUTY AD 1iC77Mld,��i.t AUTHORRATION pww mmr mo 0(soc To"Cadeef6D T+ of Sammie s"ie recarfues v9h ei►E Y[Da t1t11ot mf'fY�earw edeliod ee*4 wwalnd 6ctrt ao 8�meam�11a 26i t. =dip dapplaNiaa fm is fw am of peri!by ow.s fto m��ea fie Teame aad C4p6glam me mmeaed in On dw Son6mmlt Town bond of TMMW udbwbm and peamb 69 kdwwiw weds"pauk to repsir Md aVOW 021mmag min asa Ostrow Is thio same lie'adw aril tad aea1d and Votes iid ram-Usti"yap""ON bleed;band and In"srovior ea dM onts at tap of tine bWM rapioat b kff "m atettwo Omit am cdwft tot cleft lti or of tlme btu md Ter do aaft W"its "dbe Ondow is rodaoed to 32"an led; dee so of amm4resead Wober se dw do**W the feaoe Is Mvwd bili to dw ttbo cam bdwm tbo hoot am d the Up it ble f it to foanda ttrtiowre d turd lout M its um o%l ;ata!so&pk bed oar dao do ptoa peeturod by Nod learn rftdw on 400eaabar 2!,M It egad ifte p d approved sa Jmuwy Its 2912. lel stnicS$ ,dw i As wet et rtiwm hw&y rwww vjSeed fbM iced, and dwea paaeaum m be 61'a a9ari�y of 6e nW 64•cd r of tls deet. r BOARD OF SOU MOL©TOWN TRUSTEES SOUTHOL14NEW YORK PM MrT NO.M DATE,JANUARY M 3012 fSSVM TO- .M"M F.EMERY PILCTPEKff ADDRESS: W t16AMU roHrr ROAD.CLM3WgMg SCTM# 111-1 AUTHORMATION PWMW Ke 40 afCkpo275ofik7ovmCode of**T&r aMmatoWmdin awwdanw rWA the R**Aj*ea of(k DoW ofTnwe a adap W a*p w o*bdd w tawny 11,jg1l amd as 4applwAbw fee is dte*m of Pdd 4Y Eiks F,tlx and adyanto&e Twma and 0"baa as aeWd in tk R0066641,We 39w told Toga Dowd of Tnaw subffbn aaf aw 4W folla>•iag; W*dWW to censUvd r 32 squn fob abservadm phOt rm Ip e"JEMdlnw WJ*SO ftbft IMkT V gyppe[q,; MW as depkkd as t k dW ph& pnprred by MW Hwreur,bw dated Jumary 12.mk mw Grp"opproved on iaduny t8,2012. IN WffNM WHIRROF,Rhe mW Owd of TmAmw hmby om m lu C<+Ptape Seai to be draard, wd drar weswo to bo v*KvibW by a nowky of dw Wd Somd M of dda, Drw Ranee Abotaioad� i i 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 LARK& FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE,NEW YORK 11935 Tele.No. (631)734-6807 RICHARD F.LARK Fax No. (631)734-5651 MARY LOU FOLTS E-mail: LarkandFolts@aol.com February 12, 2013 HE 0`4 E I V E n Southold Town Board of Town Trustees F E 8 12 2013 U 54375 Main Road P.O. Box 1179 Southold Town Southold, NY 11971 1 Board ofi RE: Application of Ellen F. Emery (Trustee of the Ellen F. Emery 1999 Revocable Trust) SCTM #1000-111 . 00-13 . 00-006 . 000 Gentlemen: In connection with the above-captioned matter, please find enclosed the updated drawings as provided to us by Seacoast Construction, Inc. Also enclosed is the completed Proof of Mailing of Notice. Very truly yours, Richard F. Lark :mdh Enc. - James F.King,President ISO Town Hall Annex Bob Ghosio,Jr.,Vice-President ��� ��O 54375 Main RP.O.Box 1179d Dave Bergen Southold,New York 11971-0959 John Bredemeyer - '. Telephone(631)765-1692 Michael J.Domino Fax(681)765-6641 UNn, i. BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD i Office Use Only p —.Coastal Erosion Permit Application D Y wetland Permit Application Administrative Permit _AmendmenVTrans /Ex sion �y/�`eceived Application: (7 JAN 3 0 2013 ✓Received Fe e:$ - —T g. �e So�/tirloYl Z0i3 -�g� :/Completed Application 6 3 _Incomplete outhold Town _SEQRA Classification: -Agard of Trustees Type I Type II_Unlisted_ f Eoordination:(date sent)77 f I' Consistency As s ent Form VDAC Referral Sent. =�� _Date of Inspection: 3 _Receipt of CAC Report: Lead Agency Determination: echnical Review: Public Hearing Held 'J Resolution: Name of Applicant Ellen F. Emery (Trustee of the Ellen F. Emery 1999 Revocable Trust) MailingAddreSS 121 Somerset Avenue, Garden City, New York 11530 Phone Number:( ) (516) 746-4038 Suffolk County Tax Map Number: 1000 - 111.00-13 200"i006.000 Property Location: 5925 Nassau Point Road, Cutchogue, New York 11935 590' northerly of intersection of Wunneweta Road (provide LILCO Pole#, distance to cross streets,and location) AGENT: LARK & FOLTS, ESQS. , (Richard F. Lark, Esq. and Mary Lou Folts, Esq.) (If applicable) Address: 28785 Main Road, P.O. Box 973, Cutchogue, New York 11935 Phone: (631) 734-6807 v 0 { Bood of Trustees Application • GENERAL DATA Land Area(in square feet): •83 acres (35,900± sq. ft.) Area Zoning: R-40 (Residential Low Density) - Previous use of property: One-family dwelling Intended use ofP�Y�r0 One-family dwelling P Covenants and Restrictions on property? Yes X No If"Yes",please provide a copy. Will this project require a Building Permit as per Town Code? Yes X 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 required. Does this project require a variance from the Zoning Board of Appeals? Yes X No If"Yes",please provide copy of decision. Will this project require any demolition as per Town Code or as determined by the Building Dept.? Yes X No Does the structure(s)on property have a valid Certificate of Occupancy? N/A Yes No Prior permits/approvals for site improvements: Agency Date NYS DEC 1-4738-00432/00001-0 December 7, 1991 - Item A NYS DEC Amendment September 14, 1992 - Item B NYS DEC 1-4738°00432{00002-0 January 25, 1993 - Item C Southold Town Trustees - 111-13-6 January 14, 1993 - Item D Southold Town Trustees - 7652 September 21, 2011 - Item E Southold Town Trustees - 7706 January 18, 2012 - Item F I 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): Replace 100' of failed bulkhead with two 8' returns; replace 100' of failed retaining wall; replace 'Z ^F beach access stairs, all destroyed by Hurricane Sandy. See attached: Item G - Map of bluff and beach area by John Ehlers, surveyed on 7-28-11; Ttam H - Phntns of bxisting damage, Item I - Specifications and plans of Seacoast Construction, Inc. I ` Board of Trustees Application • i wETLAND/TRUSTEE LANDS APPLICATION DATA I Purpose of the proposed operations: To replace structures destroyed by Hurricane Sandy, i l Area of wetlands on lot: -0- square feet Percent coverage of lot: -o- % i Closest distance between nearest existing structure and upland edge of wetlands: N/A feet Closest distance between nearest proposed structure and upland edgeofwetlands: N/A feet 4. Does the project involve excavation or filling? No X Yes If yes,how much material will be excavated? -o- cubic yards How much material will be filled? 250 cubic yards Depth of which material will be removed or deposited: N/A feet Proposed slope throughout the area of operations: No change to existing slope Manner in which material will be removed or deposited: Existing failed bulkhead, retaining wall and stairs will be extracted and carted to landfill. Statement of the effect,if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations(use attachments if appropriate): None • PROJECT ID NUMBER 817.20 ' SEAR APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM i. for UNLISTED ACTIONS Only PART 1 -PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1.APPLICANT/SPONSOR Ellen F. Emery 2.PROJECT NAME Ellen F. Emery Residence - (Trustee of the Ellen F. Emery 1999 Reconstruction of Bulkhead, Retaining Wall gpirnynhlp Trust) _Land Stairs 3.PROJECT LOCATION: Municipality Town of Southold County of Suffolk 4.PRECISE LOCATION: Street Addess and Road Intersections, Prominent landmarks etc •or provide map I 5925 Nassau Point Road, Cutchogue, New York (SCTM #1000-111.00-13.00-006.000) f 5.IS PROPOSED ACTION: New ❑Expansion ❑Modification/aheration i 8.DESCRIBE PROJECT BRIEFLY: Replace, 100 feet of failed bulkhead with 8-foot returns; �. replace 100 feet of failed retpining wall; replace -?@= t of beach access stairs, all destroyed by Hurricane Sandy. t f f 7.AMOUNT OF LAND AFFECTED: Initially .83 acres Ultimately .83 acres 8.WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? ®Yes ❑ No If no,describe briefly: 9.WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as appy.) ®Residential ❑industrial Commercial Agriculture ❑Park/Forest/Open Space Omer (describe) 10.'DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) QYes 7-1 No It yes, list agency name and permit / approval: ''- ' ,, NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION CURRENTLYAPPROVAL? ❑X Yes C )No If yes, list agency name and permit / approval: 12 ASA CfULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? es No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / s e E_11 �I—n F ^Emery _ Date: 1/,47/13 Signature If the action Is a Costal Area,and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II- IMPACT ASSESSMENT o be completed by Lead Agency) A,DOES ACTION EXCEED ANY TYPE f THRESHOLD IN 6 NYCRR,PART 617.4? N yes,coordinate the review process and use the FULL FAF. 0 Yes ONO S. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6? If No,a negative declaration may be superseded by arhother involved agency. 0 Yes [7] No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten,It legible) Cl. Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic pattern,solid waste production or disposal, potential for erosion,drainage or flooding problems? Explain briefly: C2. Aesithetio,agricultural,archaeological,Nstodc,or other natural or cultural resources;a community or neighborhood character?Explain briefly: C3. Vegetation or fauna,fish,shellfish orwildlife-species,significant habitats,or threatened or endangered species?Explain briefly: C4. A community's existing plans or goals as officially adopted,or a-change-in use or intensity of use of land or other natural resources?Explain briefly: C5. Growth,subsequent development,or related activities likely to be induced by the proposed action?Explain briefly: C6. Lang term,short term,cumulative,or other effects not identified in Cl-057 Explain briefly: C7.Other impacts(including changes in use of either quantity or type of ene ? E Iain bdafl : - - - D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA CFA7 If yes,explain briefly: El Yes Q No E IS THERE,OR IS THERE LIKELY TO 9E CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? It Yes exlItaln: Yes Q No PART IN-DETERMINATION OF SIGNIFICANCE(To be completed by Agency) INSTRUCTIONS: ForeachadvemeeHedkfentbedabove.detennhnewhethertissubstantial,large,imprxfantorotherwisesignificant. Each eller should be assessed In connection with is(a)setting(i.e.urban or rural):(b)probability of oocurdng;(c)duration;(d)InoerersbifM1y;(e) geographic scope;and(f)magnitude. If neroseary,add attachments or reference supporting materials. Ensure that explanations contain suNkdent detat to show Ihat at relevant adverse Irrghacs have been identified and adequately addressed. tquestion d of parti was checked M the determihafion of significance must evaluateft potential hnpadof the proposed action on the environmental eharacteris&s of the CEA Check 96 box If YOU have MWGIW one croons potentially targe orsigrdficant adverse Impacts which MAYoccur.Thenprooeeddiractlylog"FULl EAF arhNor prepare a positive declaration. Check this box It You haw determined,based on the infort"850n and analysis above and any supporting documentation,that the proposed aeft WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting thh determination. Board of Trustees p If B ZO/3 Name of lead Agency/ Date j)9Wo&-'f r. �`//V rr President Print or Type Name of Responsible Officer i Lead Agency Tifle of Responsible Officer 9 nature of ResponslWe Oticer in L a gency Signature of Preparer(If different from responsible officer) �,��ogulFo1�.c James I'. Bing. I'residenl `� C* � h lben hall_ S309S Main Rd, N Boll CharioJr _Vico-Pram(Icnt 1'.0. Bov 1179 Dace Bereen n John Bredemevcl � �'f/Q �-� � E I I p efi3 7 18 Michxcl J. Domino EE DO BOARD OF TOWN TRUSTEE TOWN OF SOUTHOLD Southold Town fTrustees BOARD OF TRUSTEES: TOWN OF SOUTHOLD --------------------------------------------------------------- In the Matter of the Application of ELLEN F. EMERY COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING L RICHARD F. LARK .. residing at /dba 550 Birch Lane, Cutchogue, New York being duty sworn, depose and say: That on thel)Aday of February 2013, 1 personally posted the property known as 5925 Nassau Point Road, Cutchogue, New York by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held Wednesday, February 20, 2013. Dated: February 20, 2013 k6/ (sig rf ire) Richard F. Lark Sworn to before me this 20thday of Feb.2013 --Mw /s/ - Notary kblic mataryMARY D.HOLW'D York No. Gom Um aUflon 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. i OWNER(S) OF RECORD: Olen F 4rMerjy SUBJECT OF PUBLIC HEARING: To replace 100' of failed bulkhead with two 8' returns; replace 100' of failed retaining wall; and replace beach access stairs, all destroyed by Hurricane Sandy. TIME & DATE OF PUBLIC HEARING: Wmay. FebrKarI 20, 2013 0- ort orobouxf 6 :ix� 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 BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631 ) 765- 1892 aTown FEB PROOF OF MAILING OF NOTICEATTACH CERTIFIED MAIL RECEIPTS SoutBoard Name: Address: Krupski Family Limited Partnership 95 Laurel Hill Road, Northport, NY 11768 (SCTM #1000-111.00-13.00-007.000) Daniel P. Orlando and 30 Hillcrest Drive, Pelham Manor, NY 10803 Sandra L. Orlando (SCTM #1000-111.00-13.00-005.000) Curt Koch 6030 Nassau Point Road, Cutchogue, NY 11935 (SCTM 111000-111.00-12.00-005.005) STATE OF NEW YORK COUNTY OF SUFFOLK Barbara Diachun , residing at 875 School House Road, Cutchogue, NY 11935 being duly sworn, deposes and says that on the 12th day of February , 20 1.3 deponent mailed a true copy of the Notice set forth in the Board of Trustees Application,directed to each of the above named persons at the addresses set opposite there respective names;that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Office at Cutchoeue. New York ,that said Notices were mailed to each of said persons by CERTIFIED MAEURETURN RECEIPT. :,XJt.B,Ulp1,n) Barbara Diachun Sworn to before me this 12th Dayof February 2013 "�'4 Notary Public MARY D.HOLLAND Ndery�R&AN.M �edNewYak CarIMMMExOMMUL APPLICATION OF ELLE. EMERY • 1000-111. 00-12 . 00-005. 005 U.S. Postal Servim. CERTIFIED MAIL. RECEIPT Ln (Domestic rR M Ln so Postage $ $0.46 09�OG UE ral ralCertified Fee J FF os me k 0G 6J OMr aMReq�fa�d) $2.55 �Itere� w C3 �Regt+� $0.00 C3 G g6 Ln Total Postage s Fees $ M r-R I SentTO ,a CURT KOCH ------------------------------------------------------------ N or Po Box No" 6030 NASSAU POINT ROAD ----------- ------------------------------.........--......---......---------------- C%ry,Stets,Z/P+4 CUTCHOGUE, NY 11935 Wffi 1000-111 . 00-13 . 00-005 . 000 Postal CERTIFIED MAIL. RECEIPT tv [r (Domestic Mail Only,No Insurance Coverage Provided) ru UT a PT r F f 9 Q I A I.- LI �� Cc A Postage $ $0$0.46 •• 0935 .: A Cardfied Fee $3.10 OGRtdaaartaMRC,1 re yTiMlkled Da- Fee .QaJldOreamentRqired) wm Toms Postage s Fees 6"' S 86 '( to DANIEL P. ORLANDO a SANDRA--L.. - -----------------ORT.AHRO -------------------- G NW; t.No.; M1 orPOBoxNo. 30 HILLCREST DRIVE aN-sieid;ziP.6----------------------------------------------- - PELHAM MANOR, NY 10803 1000-111 . 00-13. 00-007 . 000 Postal CERTIFIED MAIL,, RECEIPT o (Domestic M , m 117(01 A L n Postage $ $0.46 >> /. cw Cemmed Fee $3.10 82h � M10(.� Poslm��� .55 Here to 0 (Endorsement Required) �t0 Restricted DelNery Fee C3 (FndorsemeMRequlred) $0'00 GSPs u7 Total Postage&Fees $ $6.11 02/12/2013 M rq KRUPSKI IAMILY LIMITED PARTNERSHIP M1 orP0Box No. 95 LAUREL HILL ROAD ZP+4 NORTHPORT, NY 11768 r r:x APPLICATION OF ELLEN* EMERY - 5925 Nassau PoAoRoad, Cutchogue, New York; SCTM 1000-111 . 00-13 . 00-006. 000 1000-111 . 00-12 . 00-005 . 005 �,-- ■ Complete items 1,2,and 3.Also complete signatu "Tt Rem 4 if Restricted Delivery is desired. X y/ G� ❑Agent m ■ Print your name and address on the reverse .. - ❑Addressee so that we can return the card t0 you. B. Received by(Printed Name) C. ate Delivery N ■ Attach this card to the back of the mailpiece, 1� ` 3 s O or on the front R space permits. p C� `ry �T "� Z D. is delivery address different from item 17 Yes SR C 1. Article Addressed to: IfYES,enter delivery address below: 0 No c;..i CURT KOCH 6030 Nassau Point Road Cutchogue, NY 11935 S. service Type IN Certified Mail l7 Exgeas Mail ❑Registered ❑Retum Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restrkted (Extra Fee) ❑Yes 2. Article Number 7011 3500 0001 1481 5315 (transfer beam service lebaii PS Form 3811,February 2004 Domestic Rr■an PAcelpt *WW42#41S40 1000-111 . 00-13. 00-007 . 000 t a T44ate items 1,2,and 3.Also complete if Restricted Delivery is desired. X 0 Agent our name and address on the reverse 0 Addressee " so that we can return the card to you. B. Received by(Printed Name) C. of A Attach this card to the back of the mailpiece, or on the front if space permits. ` D. Is deliveryaddress different from item 17 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No i KRUPSKI FAMILY LIMITED PARTNERSHIP 95 LAUREL HILL ROAD NORTHPORT, NY 11768 3. Service Type ®Certified Mail 0 Express Mail r 0 Registered 0 Return Receipt for Merchandise 13 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number (rranshr fmih awMcsNbsgilf�: *S�Ll;,, A;©',1;.1.681 5308 PS Form 3811.February 2004 Domestic Rehm Receipt 1025e5024&1540 i 1000-111 . 00-13 . 00-005 . 000 - RETURN RECEIPT NOT YET RECEIVED 1 Town of Southold ® Erosion, Sedimentation & Storm-Water Run-off ASSESSMENT FORM "�. PROPERTY LOCATION: SA.T.M.O: THE FOLLOWING ACTIONS MAY REQUIRE THE SUBMISSION OF A STOMWATER,GRADING,DRAINAGE AND EROSION CONTROL PLAN j IMFk" V;Effiiii- -Br=Vi- -C"1— GUMFIED BY A DESIGN PROFESSIONAL IN THE STATE OF NEW ORN- SCOPE OF WORK - PROPOSED cONSTRumoN ITEM# / WORK ASSESsmENT Yea No a. What is the Total Area of the Project Parcels? 1 Will this Project Retain All Stonn-Water Run•Ofr (Include Total Area of all Parcels located within .83. _ Generated by a Two(2')inch Rainfall on Site? the Scope of Work for Proposed Construction) (S.R l Acro) (This item will include all runoff created by site b. What is the Total Area of Land Clearing clearing and/or construction activities as well as all andfor Ground Disturbance for the proposed 1,500 500 s q. f t, Site Improvements and the permanent oration of construction activity? (S.F./Am) impervious surfaces.) 2 Does the Site Plan and/or Survey Show AI Proposed ❑ PROVIDE BRIEF PROJECT DESCRIPTION tProdd.Adarlpm P.aw.-r.q,a) Drainage Structures Indicating Size&Location?This Item shall Include all Proposed Grade Changes and — X Replace 100' of failed bulkhead with Slopes Controlling Surface Water Flow. $ Does the Site Plan andlor Survey describe the erosion two B' returns; replace 100' of and sediment control practices that will bepsed to X❑ control site erasion and storm water discharges. This — failed retaining wall; replace 7 Item must be maintained throughout the Entre Construction Period. beach access stairs, all destroyed by 4 Will this Project Require any Land Filling,Grading or Excavation where there is a change to the Natural Hurricane Sandy. Existing Grade Involving more than 200 Cubic Yards FT of Material within any Parcel 5 Oil this Application Require Land Disturbing Activities Encompassing an Area in Excess of Fiore Thousand (5,000 S.F.)Square Feet of Ground Surface? 6 Is there a Natural Water Course Running trough the Site? Is this Projectwithin the Trustees jurisdictionF-1X Genani DEC SWPPP Rnequiraoma: or within One Hundred(100')feet of a Welland or Submission of a SWPPP Is mqu0ed for Y Conatmotion acdvdles invo"so0 Beach? disturbances of one(1)or mar acres, )rr&dig disturbances of loss then one core that 7 WIII there be Site preparation ab Existing Grade Slopes we pad ma largerarmmon plan thatvdl ulhwloly distad,one or mom acres of[arid; which Exceed Fifteen(16)feet of Vertical Rise to including Construction adPdtles involving act disturbances of leas than ons(1)som whoa a X the DEC has determined that a SPOES par 5 required for storm waterdisdrerges. One Hundred(100')of Horizontal Distance? re (SWPPP9 Shall maetthe Minimum Requirements of the SPDES General Pemtll 8 WIII Driveways,Parking Areas or other Impervious for Storm Water Discharges fran Construction activity-Permit No.GP440-001.) Surfaces be Sloped to Direct Stor mWater Run-Off 1.The SWPPP shall be prepared pdorto the submittal mom NOL The NOI shall be into and/or in the direction of a Town right-of-way? a X subn*W to the Department prion,the commencement of ccnsbucbm activity. 2.The SWPPP shall describe the erosion and sediment control p acdces and whom S Will this Project Require be Placement of Materiel, required,poskonam din stem water nmmga hent practices that will be used wxvor Removal of Vegetation andlorthe Construction of any constructed to reduce the poluknlo In storm water discharges and to mum Item Within the Town R,ghtof-Way,as Road Shoulder X — complloncewiMthe terms and conditions m this pend.In addition.to SWPPP shag Areal oNeIeM WONOTe,wadw awbewbndMwgy Aproiw.) WantYy potential sources of pollution which may reasonably los expected to afledthm quaRyofsMdmwalerdbMargm. NOTE IfArWAna WCrwdO Onethnugh Nnelo Anavreredwd *ChmrNam 3.All SWPPPs that require the post-wnstrucion shmrwale,menegemem pad)ce in a ami and Ow construction abdkmrWnea Is between 3,0008X.a 1 Am M area, Component shall be prepared by 0 qumRed Design Professional Licensed in Now York a atorm.Wakn Gradag,Drainage S,Emal.Cartrol Plan is Ikqutred by ON Town of that Is kraMedgeablo in the pdndples and practices of Seam Water Management. Southold and Ned be Suhmnbdfor Revkw Pdorto fames of Any Ridding PermIL (NOTE: AChad:Nark(J)er,dra AmwarMeatlrQaWwiw Requigtl faeCanpbbe AppwwOan) STATE OF NEW YORK, COUNTY OF....S?I.U.111 K.....................SS 17rat 1,-„ELLEN„F;,,,EMERY„(Trustee) being duty swrorn,deposes and says that he/she is the applicant for Permit, (Name of kWvRZ ming tbnmat) Andthat KKshe is the ......Qt>;1.1£.i~..................................................... ._..._................................................................................ (Gamer,Contractor.Agent.Coipaate officer,eta.) Owner is duly authorized to perform or havepp�'ffppfined the said work and to make and file this application;that all statements contained in this application are true to the best 1 knowledge and belief and that the work will be performed in the manner set forth in the application filed herewith. Swom to bejbre)rye this; .............._ ... ._ . ... of.... Ja uarX.. ........... ,20..13 Notary Public; ...._:..... MAi hilis .............. ..........!........................L.... ..... ............... NS„ygk ELLEN F. EMERY (sig,raiweotAppwang rustee DFORM - 06!70 CaeRtlWW=&”& /ALL �'7 elf« f1o/AL�. Board of Trustees Application I I County of Suffolk is State of New York I. k I ELLEN F. EMERY (Trustee) BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S)AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF,AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING " UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES,THEIR AGENT(S)OR REPRESENTATIVES(S),TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Signature of Property Owner Ellen F. Emery (Trustee) SWORN TO BEFORE ME THIS oI DAY OF January 2013 L Notgy Public MARY D.HQUAND Nowy y, lw ON Y Can��a�- Board of Trustees Application • AUTHORIZATION (where the applicant is not the owner) 1 ELLEN F. EMERY (Trustee) residing at 121 Somerset Avenue, Garden City, NY 11530 (print owner of property) (mailing address) do hereby authorize Richard F. Lark, Esq. or Mary Lou (Agent) Folts, Esq. of LARK & FOLTS, ESQS. to apply for permit(s)from the Southold Board of Town Trustees on my behalf. 1 Z �.. (Owners signature) Ellen F. Emery (Trustee) APPLICANT/AGENTAWRESEN ATIVE TRANSACTIONAL DISCLOSURE,FORM The Town of Soul ld's Cod,of EthimpE&bits conflicts of interest on the nod of townotficers andtinIft ems-The.== this nor.,,is* tide information which morn alert the town of M=ble conflicts;oflate"and allow it tDralrr whatever actim is necessarvtoavoid YOURNAME: FOLTS MARY LOU (Last name,fist namo griddle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate ihe.odter person's or company's name.) NAME OF APPLICATION: (Check all that.apply.) Tax grievance Building Variance Trustee X Change of Zone Coastal Emsion 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 employe of the Town of Southold? "Relationship"includes by blood,marriage,or business interest`Business intcresr 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 shams. YES NO X Ifyou answered"YES",complete the balatee of this form and date and sign where indicated. Name of person employed by the Town of Southold Tide or position of that person Describe the relationship between yourself(the applicant/a$ent(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%ofthe shares of the corporate stock of the applicant (when the applicant is a corporation); B)the legal orbereficial owner of any interest in a non-corporate entity(whea the applicant is not a corporation); C)an officer,director,pasiner,or employee of the applicant;or `D)the actual applicant. DESCRIPTION OF RELATIONSHIP NONE Submitted thisday of Tan„a r 20 13 SignatuCe Mary. Lou- Folt Print Name Mary LQu FQlts (Z Form TSI APPLICANUAGENT/REPRESENTATWE I TRANSACTIONAL DISCLOSURE FORM The Town ofC u thold's Code of Ethics prohibits conflicts of interest on the part of lownbfficers and emolovees.The numose of this form is to provide information which can alert the town of possible conflicts of Interest and allow it to take whatever action is necessary to avoid same. - YOURNAME: EMERY, ELLEN F. (Last name,first name,�rrlddle initial,unless you are applying to the name of someone else or other entity,such as a company.If so,indicate the.oiher ; person's or company's name.) - NAME OF APPLICATION: (Check all that apply.) - - Tax grievance Building Variance Trustee X . Change of Zone Coastal Erosion Approval of plat Mooring i 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 offices 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. I YES NO X 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 applicantlagentlreprewntative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. _ The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): _A)the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); _B)the legal or beneficial owner of any interest in a noncorporate entity(when,the _ applicant is not a corporation); —C)an officer,director,partrrer,or employee of the applicant;or - D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this a( da Ja r V�44Signature. Print Name El en F. Emery Form TS I APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Tomm of Sow_ ld s Code of Ethics prohibits conflicts of interest on the Vert of town of&=aodemokwees The==.9f this form is IQ movide information which lcxa alertthe town of nos m conflicts of wLDen:st and allow it intake whatever achoV is neces rvto avoidsame. - - YOURNAME: LARK RICHARD F. (Last name,first name,tifiddle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate,the.other person's or company's name.) - NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee X 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 bustmess interest`Business interest�means a business, including a partnership,in which the town officer or employee has even a partial ownership of(oremployment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X 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 - I itle or position of that person Describe the relationship between yourself(the applicantlagendrepresentative)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 iron-corporate entity(when the applicant is not a corporation); - _ - _C)an officer,director,partner,or employee of the applicant;or _D)the actual applicant. DESCRIPTION OF RELATIONSHIP NONE Submitted this 'VA day of January 20913 Signature Print Name Richard F. Lark Form TS 1 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS i 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 Towel 3. If any question in Section C on this form is answered "yes" or "no", then the proposed action will C affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail. l Stine both suonortine and non supportine facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. i A copy of the LWRP is available in the following places: 070utholld u website(southoldtown.northfork.net), the Board of Trusteeall local libraries and the Town Clerk's office. B. . DESCRIPTION OF SITE AND PROPOSED ACTION 2013 SCTM# 111.00 13.00 006.000 wnstea PROJECT NAME ELLEN F. EMERY RESIDENCE — RECONSTRUCTION OF BULKHEAD, RETAINING WALL AND STAIRS The Application has been submitted to(check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees El 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g.capital ❑ construction,planning activity, agency regulation, land transaction) ❑ (b) Financial assistance(e.g. grant,loan,subsidy) (c) Permit,approval,license,certification: ❑ ' Nature and extent of acron: Replace 100 feet of failed bulkhead with two 8-foot returns; replace, 100 feet of failed retaining wall; replace -beach access stairs, all destroyed by Hurricane sandy. Location of action: 5925 Nassau Poiit Road, Cutchogue, New York i Site acreage: •83 acres I- Present land use: one-family dwelling Present zoning classification: R-40 (Residential Low Density) 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Ellen F. Emery (Trustee of the Ellen F. Emery 1999 Revocable Trust) (b) Mailing address: 121 Somerset Avenue, Garden City, New York 11530 (c) Telephone number:Area Code( ) (516) 746-4038 f (d) Application number,if any: None Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No LJ If yes, which state or federal agency? NYS Dept. of Environmental Conservation 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,mages beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III-Policies; Page 2 for evaluation criteria. i ❑Yes ❑ No ❑ Not Applicable Replacement is necessary not only to protect-Applicant's property but also d43acent properties which have bulkheads. 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 E Not Applicable Attach additional sheets if necessary I Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section IH—Policies Pages 6 through 7 for evaluation criteria E ❑% Yes ❑ No ❑ Not Applicable Prevent future bluff erosion. i I 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 Current bulkhead and retaining wall completely destroyed. Replacement_ necessary _ —to--prevent bluff erosion. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria ❑ Yes ❑ No .Not Applicable ii 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 IH—Policies; Pages 22 through 32 for evaluation criteria. ❑ ❑ a Yes No Not Applicable i I i. i i Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. �. ❑ Yes [] No Not Applicable j I I r Attach additional sheets if necessary II Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No 0 Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, publik lands, and public resources of the.Town of Southold. See LWRP Section III-Policies; Pages 38 through 46 for evaluation f criteria. ❑ YeO No 0 Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES I 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 i. i is i 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. I ❑ Yes ❑ No F11 Not Applicable i i. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III —Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No❑ Not Applicable I: r Attach additional sheets if necessary 1 I Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No 0 Not Applicable PREPARED BY RICHARD F. LARK TITLE Attorney DATEI/ay/13 LARK& FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE,NEW YORK 11935 Tele.No.(631)734-6807 RICHARD F. LARK Fax No. (631)734-5651 MARY LOU FOLTS E-mail: LarkandFolts@aol.com January 29, 2013 Southold Town Board of Town Trustees 6 CE �/ ' Y D 54375 Main Road P. O. BOX 1179 D Southold, NY 11971 JAN 3 0 2013 RE: Application of Ellen F. Emery (Trustee of th Wow Ellen F. Emery 1999 Revocable Trust) SCTM #1000-111 . 00-13 . 00-006. 000 Gentlemen: In connection with the above-captioned matter, I am enclosing the following in triplicate : 1 . Board of Town Trustees Application. 2 . Short Environmental Assessment Form. 3 . Town of Southold Erosion, Sedimentation & Storm-Water Run-off Assessment Form. 4 . Authorization of Ellen F. Emery (Trustee) . 5 . LWRP Consistency Assessment Form. 6. Applicant/Agent/Representative Transactional Disclosure Forms for Ellen F. Emery, Richard F. Lark and Mary Lou Folts . 7 . Notice of Intent for General Permit GP-0-12-006 - Hurricane Sandy General Permit filed with the NYS Department of Environmental Conservation on January 29, 2013 . 8 . Check to Town of Southold in the amount of $250 . 00 for the filing fee. If you need any other information, do not hesitate to contact me. Kindly let me know the date and time of the hearing as soon as it is scheduled. Very truly yours, Y ..s/ RFL:mdh;Encs . rchard F. Lark 01/31/2013 09:57 FAX 6317345651 LARK & FOLTS fa002/011 LARK&FOLTS Attorneys at Law 28785 MAIN ROAD PO BOR 973 CUTCHOGUE,NEW YORK 11935 Tele.Na(631)734-6807 RICHARD F.LARK Fa:No. (631)734-5651 MARY LOU FOLTS E-mail• LarkandFolts®aol.com January 31, 2013 Southold Town Hoard of Town Trustees 54375 Main Road P.O. Box 11719 Southold, NY 11971 RE: Annlication of Ellen F. Emery (Trustee of the Ellen F. Emery 1999 Revocable Trust) SCTM #1000-111. 00-13.00-006. 000 Gentlemen: In regard to the above-captioned application, please find attached the following: 1. Plains for the retaining wall and stairs to the beach as submitted by Seacoast Construction, Inc. 2. Copy of the Hurricane Sandy General Permit (GP-0-12-006) issued to Ellen F. Emery by the New York State Department of Environmental Conservation. If you need any further information, please do not hesitate to Call me. Very truly yours, Richard F. Lark RFL:mdh Encs. 01/31/2013 09:57 FAX 63173456 LARK & FOLTS 001/011 LARK&FOLTS Attorneys at Law 29795 MAIN ROAD P.O.BOX 973 CUTCROGUE,nV YORK 11935 TELE.Na(631)734-6907 FAX Na(631)734-5651 E-MAIL:LarkandFolts(gaoLesm RICHARD F.LARK MARY LOU FOLTS FAX TRANSMITTAL DATE: January 31, 2013 TO: SoutholdlTown Board of Trustees FAX * 765-6641 rR099: Richard F. Lark Beg. RE:_AD4lication of Ellen F. Emery_(Trustee) NO148BR Oir PAGES INCLUDING COVER LETTER: 11 If copy is ',illegible or incomplete, please call immediately for re-transmission. INSTRUCTIONSAUSSAGE: PLEASE SEE ATTACHED LETTER AND DOCUMENTS. I ***CONFIDENTIAL CCbtCMCATICN*** This transmission is intended only for the individual or entity to which it is addressed, and may contain information that is privileged, confidential and ezempt from disclosure under applicable law. If the reader of this ^kation is not the intended recipient, any dissemination, distribution or copying of the communisation is strictly prohibited. If you have received this communication in error, notify the sander immediately by telephone and return the original to us by mail. i RESOLMON 2013-189 ADOPTED DOC ID_ 8608 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2013-189 WAS 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 construction, 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 [UNANIMOUS] MOVER: Jill Doherty, Scott Russell SECONDER:William Roland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Lvans, Russell LARK& FOLTS Attorneys Business Account 2145 28785 MAIN ROAD (631)734-6807 P.O.BOX 973 CUTCHOGUE,NY 11935-0973 50-7911214 $ aS 00 IONC ITA E BANK, N.A. 3 CUTCHOGUE, NY 11935 3 A �- 1 � r Illel■R-A� � `!fir I,) � 1� / ^ � �✓ I incl ' ■ i MI■INwE OMROME n IF I i i I One- .. , two , ■ l� � r i HIM � r / + i r r I � PROPERTY ADDRESS: 54125 NA55AU POINT ROAD GUTCHOGUE, NEW YORK -� °moo E Q E I V E In JAN 3 0 2013 1 PLAN VIEW OF NEW! u4uo,b.e owww a oeab.b..o.u,,.y NOTES: mvW.`N mbmwWMbtl`ewa�s alapu rel XVII weG b W voM�'�bw ELEVATIONS REFERENCE LOW WATER AT EL=0.0' C� O� 'cwsaw.nxwa r..�.iyu�w w LICENSED ARBORIST NED HARROUN FROM ISLAND TREE Co. ADVISES THAT "GUT AREA" 15 CURRENTLY REVECGETATING ITSELF AND BEST COURSE OF ACTION 15 TO LEAVE IT ALONE - e w m.4•••a w Y,.m.y y.ww. c.nirco- GRAPHIG 5GALE _ JOHN C. ET LES LAD ISbewUrol RbaeluVM.ENMY11Kny OM0"b. ---- --._--- --- 6 HAST MAIN STREET N.Y+.LIC.NO, 50202. RI UU-TRAD.MY. 11901. 369-8288 Fax 30—$287 tdEF.£;`,I1s eraUolsnii3xapbas;1.IA11:—144.pxa NYS DEPARTMENT OF ENVIRONMENTAL CONSERVATION Notice of Intent for General Permit GP-0-12-006 - Hurricane Sandy General Permit ~`{ Pursuant to Environmental Conservation Law Article 70 DEC use only DEC use only DEC Permit No. v Effective Date: October 31, 2012 �s Expiration Date: October 31, 2013 Project Location: 5925 Nassau Point Road, Cutchogue, New York 11935 Town of: Southold County of:Suffolk Name of Applicant/Owner- ELLEN F. EMERY (Trustee of the .Ellen Phone: (516) 746-4038 Mailing Address: F. Emery 1999 Rbvocable Trust) 121 Sbmerset Avenue City: Garden City Email: State: NY Zip: 11530 Permit Contact (if different from Applicant/Owner): LARK & FOLTS, ESQS. Phone: (631) 734-6908 Mailing Address: P.O. sox 973 City: Cutchogue Email: larkandfolts@aol.com State: NY Zip: 11935 -Authorization Type Tidal Wetlands,Article 25, 6 NYCRR 661 Excavation-& Fill in Navigable Waters,Article 15, Title 5,6 NYCRR 608 Water Quality Certification, Section 401 Clean Water Act, 6 NYCRR 608 Coastal Erosion Management, Article 34, 6 NYCRR 505 Protect Description: Replace 100 feet of failed bulkhead;witli_two 8-foot returns: reBlace-100 feet of failed retaining wall; replace 75 feet of beach access stairs, all destroyed by Humricane Sandy. (See attached photos and specifications-of Seacoast Construction, Inc.) Type of Project: U Stabilization of'existing functional storm-damaged dwellings, decks and walkways with temporary bracing and pilings. 171 Construction of a single 4'wide access walkway to access damaged dwellings. 13 Installation of up to four rows of sandbags or 1 cubic yard sand cubes at the toe of storm damaged structures or eroded escarpments. S Placement of sand and/or material equivalent to existing material at the toe of eroded escarpments. ® Repair or reconstruction of stairways that were functional before Hurricane Sandy. C1 Re-grade eroded dunes. J In-kind/in-place repair or reconstruction of bulkheads and shoreline erosion structures that were functional before Hurricane Sandy. M Repair or reconstruction of existing public roads, bridges, utilities and other public infrastructure. Certification: I have read this permit and will construct this project in compliance with the terms and conditions of this permit and the Environmental Conservation Law and applicable regulations. I understand that any false or inaccurate statements made in the application for this permit are punishable as a Class A misdemeanor. As a condition of this permit, I accept full legal responsibility for all damage, direct or indirect, of whatever nature, and by whoinever- suffered, arising out of the project described herein and agree to indemnify and save harmless the state from suits, actio damages, and _ is of every name and description resulting from this project. 1/29/13 A plicant Signature/Name Date Z By checking this box, I certify that I am the responsible Applicant for this NOL ; FA&ItY►PROGRAM NU118ER(s) PERMIT EXPIRATION DATf1s) MCC 3 Under the Environmental Conservation Law (C (y, E?ecembQr 31, 1992 S 6 71 60��1 M Article 15, Title 3; 6NYCRR 327, 6NYCRR Article 25: 328. 329: Aquatic Pesticides :water Duality Certification Tidal Wettands Article 15, Title 5: Article 17, Titles 7, 8: Article 27, Title 7: 6NYCRR 360, Protection of Water SPDES Solid Waste Management' Article 15, Title 15:• r"� Article 19: Article 27, Title 9: 6NYCRR 373: Water Supply Air Pollution Control" Hazardous Waste Management Article 15, Title 15: Article 23, Title 27: Article 34: T Water Transport I 1 Mined Land Reclamation Coastal Erosion Management Article 15, Title 15: �� ]� Article 24: (( �( Article 36: Long Island Wells L_J Freshwater Wetlands LJ Floodplain Management aArticle 15, Title 27: N—New, R—Renewal, M--Modification, Articles 1, 3, 17, 19, 27, 37: Wild, Scenic and Recreational C—Construct ("only), O—Operate (*only) 6NYCRR 380: Radiation Control Rivers ' r PERMIT ISSUED 10 ' ADDRESS Of PERMITTEE G .)�,' Q �+ C��,a U 9 N 1935 • Sg�•S ' �ssav ��� h AGENT FOR PERMITTEEICONTACT PERSON TELEPHONE NUMBER CIMA \o tins Carty(�t,c`�iIn sirs <I7}-,119P NAME AND ADDRESS OF PRO)ECTIFACILITY(if different Iron?Permittee) emp-r Pry LOCATION OF PROiEC7IPACILtTY CouNTY, TGWNIC �"' UTM COORDINATES bio ' �ti JQS DESCRIPTION Of AUTHORIZED ACTIVTTY Construct within 18" of existing functional bulkhead / linear feet of bulkhead a.nd place. ,50 cu. yds. of backfill . AA we,k S Co. e Qqreil b C�s 1`uilia r t Ae- GENERAL CONDITIONS sy acceptance of this permit,the permittee agrees that the permit is contingent upon strict cornplf- since with the ECL,all applicable regulations and the conditions specified herein or attached hereto- ?. Tho permittee shall file in the office of the appropriate regional permit siltalnistrator,or other effice designated io the special conditions,a node,of Intention to commence work at oast 45 hours in advance of the t+�+•of eemmaneement and shall also notify hfmlher promptly in writing of the completion of the work Z, pe„nf�d wool shell btr Willed to inspef tWn lry an authorized represeniative of the Department of Envitenm6atal Coesorvatron which may order the work swspended.if the pbblic inteftat se,twines pursuant to ECL 171.0301 and SAPA 14001, 3 The permittee has accepted expressly,by the execution of the application,the fuit legal responsibility far eii damages.direct or indirect.of whatever nature,and in whomever " suffered.arising out of the project described herein and has agreed to iridernnifyand save harmless the state from suits^actions.damages and costs of every name ity�d descrip tion tesultinls from tht sold project. .:- 4 ._4 The Department resarves•the right to snodifY,suspend or revoke this permit at any,time after due notice,•and,,if requested,hold a hearing when. _; ..• a)the saop2 it the project Is exceeded or a violation of any condition of the permit or provisions of the ECL and pertinent regulations ate found:Qf:': •. . b1 the pitrrltii was obtained by;misrep+esentatfan or failure to disclose m4event facts:or I c!newly diieevered information or significant physical changes are discovered since the permit was.Issued. • __,,__,,, ..,. ._._.fi'-••—•— _r used .. S.-The permittee h respenslbfe for keeping the permit active by submitting a renewal ioplication,includinz Aq forms,fees sir:upplementai Information w rah maybe . '; by the Department no later than 30 days(180 days for SPDE5 or Solid or Mal eduous waste Mainageme i permits)prior to the i x9i�tittn'date,'"�„ o rform_the 7 6. This permit shall not be construed as conveying to the applicant any fight to trespass upon the lands or interfere with the riparian tights of others in order e the permit:_ ,..:.:. permitted work or is authorizing the impairment of any rights,title or interest in real or personal property_hetd Pr vetted In a pe+son fiat a p>t. „ -„ „ 7 The pErmittee is'iesponsible for obtaining any other permits.approvals,lands,easements and tightsof-way which may be required for this proicct• 8 Issuance of this permit by the Department does not,unloss expressly prrn'ided for.modify,supersede or rescind an order on consent or determination by the Gommis�ioner issued heretofore by the Department or any of the terms.conditions.of requirements contained in such order or determination. ac 4� Any mod'iticstion of this permit granted by the Department must be in writing and attachedhedhereto gal PERMIT tSSLIANCfi DATE PERMIT ADMINISTRATOR ADORESS steglon x,Bldg- 80 f3 V N Y Robert; A. 6reenS •8toa ;ook N.Y. ii o-z b AUTHGRIZEO SIGNATURE page 7 of 3--- ...gam,two assOC.ated with th< in the.posrtion,Or'the structure hr,vork herein authonzed,or protect 'iirii-opiiiton of.the peoarement or EnNtronmenial Conservation 13 Anv matiarr,il dredged,n the prosccut on rt ;he work h,,•.p,p perm.ttr. . 4;11 eawO unreasonable obstruction to the free navigation of said' shall be removed eveniv,%ithouc caving large tefusP.ogles,tidges acro, A ters or Flood flowsor endanged the health, safety or .yetfdre of the bed of a w,rren.ay or tloodplarn or deep holes that may ha%e A people of the State, or cause loss or destruction or the natural tendency to C9use damage to na.,Rable channeis or to tha yank;ofources of the,State,the owner may be ordered by thtt Department to a waierwav ove or alter the structural work.obstructions, or hazards caused 13 Thereshall beno unreasonable interference a.ith nar,igattonby thevork reby without expense to the State. and if,upon the expiration or herein authorized revocation of this permit. the structure, till. excavation, or other 16 If upon the emptratiOn or revocation of this permit.the project hetebv modification of the watercourse hereby authorized shall floe be com- authanred has Trot been completed,the,appiicont;hall,without wtpense pleted,the owners.shall.without eepense to the Mate, and to such to tho State.and to such extent and in such time and manner as the extent and in such time and manner-as the Department of Environmental Department of Environmental Conservation mac require•remove all or Conservation may require,remove all or any portion of the uncompleted any portion of the uncompleted Structure or fill and restore the site structure or fill and restore to its former condition the navigable to its former condition,No claim shall be made against the State of and flood capacity of the watercourse.No claim shall be made against Nes„ York on account of any such removal or alteration the State of New York on account of any such removal or alteration. 17 If granted under ArriCfa 36, this permit does not signify in any w tv fir 11 That the State of New York shall in no case'be liable for any damage that the project will be free from flooding, or injury to the slitUcture orwork herein authorized which may be caused is if granted under 6 NYCRR Part 608,the NYS Department of Environ- by or result from future operations undertaken by the State for the mental Conservation hereby certifies that the subject protect will not waservatiun or improvement of navigation.or(or other purposes,and contravene effluent limitations or other limitations or standards under no claim or right to compensation shall accrue from any such damage, Sections 301, 302,303. 306 and 307 of the Clean water Act of 1977 12. Cranting of this•pErmit does rtbt relieve the applicant of the responsi• (PL 95-217)provided that all of the conditions listed herein are met bility of obtaining any other permission. Consent or approval from 19 All activities authorized by this permit must be in strict conformance the U.S.Army Corps of Engineers,U.S.Coast Guard,New York State 8 with the approved plans submitted by the applicant or his agent as part Office of Cenral Seivices or local government which may be required. of the permit application. 13 All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, Such approved plans were prepared by solvents.(vbrieanis.epoxy Coatings.paints.eon rete,leachate or any on SPECIAL CONT>ITIONS I A copy of this permit with supplementary conditions and approved plans must be available at the project site whenever authorized work is in 1 progress. 1 2. The permit sign enclosed with the permit or a copy of letter of approval must be protected from the weather_ and .posted in a- conspicuous location it the work site until completion of authorized work. 3. At least 48 hours prior to commencement of the project, the permittee must complete and return the top portion of the enclosed receipt form certifying that he is fully aware of and understands all provisions ••and conditions of • this permit. Within'-one .week ' of •completion • of the - permitted work, the bottom portion of that form must-also be completed and returned, 4. If the. permittee intends to undertake any project design modifications after permit issuance, the permittee must submit the appropriate plan changes for approval by the •Regional -Permit Administrator prior' to undertaking any -sucb ' modifications. —The•The "'permittee - is advised that = substantial modification may require su6mission •of ra.new application for; permit. ?' 5., Bulkhead must be ' constructed within 18" of the existing : structure, treasured-from the face of old sheathing to the face of..new•sheathing.; •- 5 onst ruction of, bulkhead ,and retdrri' walls mUst;'be completed prior :tti---.:' �_�_- :p]acement'of any fill materialrheh.irid r§iicti1"sfrtactu'res:� • 7- •.lyse of— timbers (wood) treated 'with 'pentachlorophenol is str..ctly.,�„'� prohibited. • - Dec PERMIT NUMBER PROCRAmOACILITYNUMBER � - �-Paof 3 `` ��/''• '7��L ge ta,.�.,ra:; »•w�'Wr.Ma..�,•„.qn ,- •.ra•..•1 Lt •. ., .r• -r: , • ....._. •.a•• , - ^,-' _. 25c, NEW YORK STATE DEPARTMENT-Of ENViRONMENt'Ai.C[7N5ERW1TtoN i r SPECIAL COWTIONS • For Article ;_.,_,_�5 ( Protection of -Water,Water Quality Celt,,a 't'I dal Wetlands • 8. All fill must be obtained from an approved source and consist of clean gravel, sand, and soil. Use of asphalt, slag, flyash, broken concrete or demolition debris is prohibited. 9. Contamination of 'tidal wetlands and the waters of New York State by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project is prohibited. 10. Any debris or excess material from construction of this project must be immediately and completely removed from the project area *ad disposed of at as approved upland site. Disposal of debris in tidal wetlands is prohibited. 11: Any bulkhead constructed directly adjacent to vegetated tidal wetlands is to be jetted in with minimal disturbance to 'the tidal. wetland. Trench'xag is strictly r prohibited. 2 2. This permit authorizes the use of filter fabric behind the bulkhead sheathing to retain backfill... Scour protection consisting of a 6 to 12 inch layer of 10 to 20 pound stones covering the backfill is also authorized, provided that the scour protection is underlain by filter fabric. 13, No �oin.ing, excavation or grading of beaches or other areas seaward of the bulkhead may not be obtained from these is authorized. In particular, backfill, material areas. DEC PERMIT NUM®ER PROGRAM NUMBVR pa FACILITY Id AMBER C - .• �„_ :..► •.rl�'slii•�. :iia �. '�-{- . ��'i- • - 40 4. Eiji 61 40 of SCG CxfST'� ty� kA 55 SA or - . Tours 4r ; CLI- 'HOLN� RSTUPco +�T �YL'7"•=�IC�S Si9a'X�'T �G L^s�. � '• :�ao �:' %reaw�s C�� <<L. ti� �i'I!=2cjC �,i S�SC: 'J a5 3u a Lv. • �....�.. _ ...art• des:.--orr �. Via;ate:: ��r.:� '��- ' r- ...C S v�•�•:C..: �3 tt7t�w .:k:Lla`i.`G� fL-,G �r X19• - -. Capotracti�g1aGQr�.. jvCJy/Ef I aoenoort.XY IIS444MM., _ vi 4 I1� l g t o or — ID(l STI WG 15vLKHe ._...�...�, _.. . ... ..._._ ti'r fix. • f �'t 010 �ourc� .�':�-•moi;;-;• .ate.?.7 �3;�N�sc� - hp!'ieox .._ DA,, rz yS"-so 11, CIO-445 10, 000 IN 44 All.-411=/iy `ff: t�, ;::- C.UTC110 Gv e- y . TO A � r� .� �'. r��R ."�cTT 7 rte..• W i l ISS � � Or /.'/..0 .�'�/4%'�?�`�d.�.* .ter.:, /,;•9i.1�e•:�:�-•7 EMST-1W 150LKHTl) fb vpIan& 01 � r y3, sb- �. Cu ids. aFz. A e- C�c�s�tc-��Kr.� �,•yam...- W r' .Ik � 'k' :tr�'�'�-';;raj:�;,�;►,�� rt6J?r::A/c r F� F.�c �2' AV-07-// 6'�.•r. /rte•^i ,� • ,. a1 � Gt NECK Nil NASSAU nfr HAPROR �;ya(: ' POINT 'fit „ ,r '�i.-j^`• Naasaa And �'r t t1 t� /1t rT (� �T T , f �! l T L /� 1' �[w lr V !� I t ••: II .,�••+ Yes' +,. '? � �i � •; '; ;��'t. �i'�'!I; ''i 1.., Iyhv�abotlr b' 1 . _ A Gc 'S s;-%`, .,S?�,,. .,.,.•i I. �.R•t•tegJ :e;.,"" .!�, t'{;�,�i .l\. I n Y• T• \t,i,Slrv_ � , �yl�jt��Ar �••\�,• 1 ►i" + t 77 j. f1 l i t iFT �••(\\ �' ..l ������,,yyl,7,�q t.F � 'i�rJ.2:fYi�•, t:•3,i' '� 1,1�i•1 •\ (• 1'� t. 's`y.•�i�C{T�=� :lrt�;s,i'!''?:�:{ ?r�' 11! •'1'1 0:ti�� \t\\pil-{�• 1�,• t • .. ?' tai' �:fit 6.. � �*�/ ^, � Li81r PaWnicyc. r �•y'I Z°OI1�B[R '�' r :'i�1,•Y;•r,,i�'f�'• r, •e' . ,• er f. , j � '��'�.t�s•'�'•. .u4�• �R ♦��" ROSE�12bYE f 1 /f'1 �� �•,' .• ' �,� •••fir -t ��,s► 'f'oUlda DE N�yo e( Fong :c o •n. ra if siA MAMA fir, y 1 � •••�� ~'1� �+,1♦' .�.;.,i�.:J',� j6 1976 .��� •+.b. t•x"TM' eh• 1 •�tNORTH Sf/1 r' •:noir. 1� '>> '� �� � �• . 1196 �;,; ! I� ive v;Yvrk=S a "e:Depat�#irriet�#:® ,. ndWo- mental Conservation „r ` Buitdtng 44=SUN4-Biddy Brook, New York 11790-2356 ( 53.6) 751-7900' MMMT TO PRRKiT - Thomas'C.Jorting Commissioner RE: Permit No. & Location: -1�`y J Dear M% 4Fr,,e" ! Your recent request ,to extend the above permit has been reviewed pursuant to 6NYCRR, Part 621. The expiration date is extended to - tlXOur recent request to'modify the above permit has been reviewed pursuant to 6NYCREt, Part 621. It'-has been determined that the proposed modifications will not substantially change the scope of the permitted actions or the existing permit conditions. Therefore, the permit is amended to authorize: �rors�.:`7Z,ac�t-xc+J o 8.C'x i' ' AWd SY:S' nr '"t.F 04- CCa!-h e..s AC40-74A11c.C. ►..:44�.. 4 k4tg-2- �5 r 6%42. Gia k,bit. VhA4Z1OA11C --nn �•�. n � +•1r � $1S �:t t'iGC'C.e�.i 1'n�tC4Cta �fLa»� �@na•9Za�.�G4{da.. r-44'14 �►:� e^6• t� fi� (�r4Y*•OSE•a' tlldrn tea. S:{'E t4•N� RE'V1 �idd "� W�: cQ•�iPfPw�rrl�v�9tar0i S'i{C�. `rt Fit R�ceAtias +, 54-ag4+ugeiG 9 k P31 Sim co aE=wac b deep d�eevnek � � [e �a.i ,d n..c ..ur� • •etEvnww.�S i.:i�.. ve. `.d.a.r�a ,w. ot�5ar�wnQ�w.,wr+a.u.y pr ►•+..w►lea.A•�.+- ' n This letter is an amendment to the original permit and as such, shall be posted at the job site. All other terms and conditions remain as written in the original permit. Very truly youks, ministrator Deputy Regional Permit Ad cc: ' IV arc co �. = -42 co :� ri FLO T a. ;] A M V- P0.1 » Ra'Pi.AG� x[-ITI�G bt= ntomu as�rt 't" X'72� 8 (o JK M MUDDLE Sii r'4r ��ap.r► r�� :►p " ;crlCAD 09 P���-�- Sdrsvi y�,:pnawisca-twsa�_ 4 .. ' ars Say: Faie�r" „�erx� A t=ded• :parr, A- -�7eral -- �,,:� ;��.x!T c'� �r►I� X13cr. "@'� .�ts•��G::Z ►:.C21�;';.. , x, mCYG '4UM =:. SOME.•r 1 CSF Z MUMS IW �l r Zk4 Npnw- mf si4enj %Yl�t•lids T► d`B' �Fc�I.f"��y� �Taxyr 1 �� �'.1e4.rr� 7"0 ,�. .�►asaa'vci�• .1yI rrpvrs ,✓�.!-��,e+icrr;cav �O Scx-.sss�O ,r 4 -1 r ;z - 1vJsT ,O O.c. SLG J�STS�/.$t�7a.1���CegM4.�✓�'/�Y�ICD - 7;o'v 1VYSD8p APrUOVED AS PtR TERMS n AND CONDITI0M 09 4/N t reG PERMIT NO, t?ATE— 111� lar cd�r�►-te% ��i��- ce-�•�crr,�� �o�,� %�'�� � 1 I` � �,�►r�se� s�PrN8�12 IOr N�ss�v por NY _ �.t�.t"fr' rttSW OF Sem Ifo L 1) St^tF OF M Eu.3 t0f0t.- COtlN?t 6F �u�FOL� 960931 ,34; NEW YORK STATE !?EPART.VIBNT OF€NNIRONMENTM,COJ%$kRVATIpN DEC PER.WIT VijM6ER - EFFECTIVE DATE air 1443 FACILIT9.PROCRAM NUMBERIsl Pi:RMff EXPIRATION 6Arj Under the Emrironmenlal C®riservatian Law(ECL) JqwAsy ��•� 194- TYPE OF PERMIT(Check All Applieaele Bakes) 3N®w 01tweMa1 anwifiaakm Mt,en h to Con"wct ❑Permit to Opgl t" Article 15, Title S. Article 17, Titles 7. 8: [�''�'{ Article 27, Tine 9: 6NYCRR 373: Protectiolt of water F7 SPI)9S U Hazardous Waste Management Article 164Title 15: rlcle 19: Article Potlution Control Q Coastal3 Water Supply AErosion Management La.�...J "Cie 15, Title 15: Article 23. Title 27: Article 36: Water Transport Mined Land Reclamation Q Floodplain Management Article 15, ride 15: Article 24: Articles 1, 3. 17, 19, 27, 37: Long island Wells Freshwater Wetlands _ 6NYCRR 380: Radiation. Control Article 16, Tillie 27: Article 25: Other- ;_1 NGid, Scenic and Recreational Tidal Wetlands Rivers Article 27, Title 7: 6NYCRR 360: 6NYCRR 608: Scud Waste-Management water Quality Certification PERMIT ISSUED TO TELEPHONE NUMBER ADORESS Of PERMITTEE1 �O � C A Y l I S 3 0 CONTACT PERSON FOR PERIMtTTE WORK TELEPHONE NUMBER • �.. L-�mc el ( 5 6) 4.77- 1 1`�q NAME AND ADDRESS OF PROJECrIFACILITY `t a.5 av o n �t, g LOCATtos OF PROJECTIFACILITY COUNTY TOWNi WATERCOURSEIwE rIANO NO. NYTM COORDINATES �Ap DESCRIPTION OF AUTHORIZED ACTIVITY c e� �-� 1. = ne d b O.rdS 0 eA e-kylL d e a�� f +.d �. CdI, ca �� ��. �- B � , � ,a Orcalo arl ne- a A, -� cam- a r 30 I3Y acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the RCL,all applicable regulations,the General Conditions specified(See Reverse Side)and any Special Conditions included as part of this permit. VSVMIT AOMINISTRATOR ADDRESS AUTHORIZED SICNMTLIRE DATE Page 1 Of A-- ---.— ��e ADDITiOOAL-GENERAa-CONDITIONS,FOR ARTICLES 15,(TitleSL 24,25,34,,36 and 6 NYCRR Part 608( ) 9:'That,if future operations by the Siate of New York require an al• other.environmentally deleterious materials associated with the teration in the position of the structure or work herein authorized,or proieet. if,in the opinion of the Department of Environmental Conservation 13. Any material dredged in the prosecution of the work herein permitted it shall cause unreasonable obstruction to the free navigation of said shall be removed evenly,without leaving large refuse piles,ridges across waters or flood flows or endanger the health, safety or welfare of the bed of a waterway or floodplain or deep holes that may have a the people of the State, or cause loss or destruction of the'naturai tendency to cause damage to navigable channels or to the banks of resources of the State,the owner may be ordered by the Department to a waterway, remove or alter the structural work,obstructions,or hazards caused 14. There shall be no unreasonable interference with navigltion by the work thereby without expense to the State,and if,upon the expiration or herein'authorized. revocation of this permit, the structure, fill, excavation, or other 15. If upon the expiration or revocation of this permit,the project hereby modification of the watercourse hereby authorized shall not be com• authorized has not been completed,the applicant shall,wi#mt expense pleted,the owners,shall,without expense to the State,and to such to the State,and to such extent and in such time•and manner as the extent and In such time and manner as the Department of Environmental Department of Environmental Conservation may require,remove all or Conservation may require,remove all or any portion of the uncompleted any portion of the uncompleted structure or fill and restore the site structure or fill and restore to its former condition the navigable to its former condition. No claim shall be made against the State of and flood capacity of the watercourse.No claim shall be made against New York on account of any such removal or alteration. the State of New York on account of any-such removal or alteration. 16, if granted under Article 36,this permit does not signify in any way 10. That the State of New York shall in no case be liable for any damage that the project will be free from flooding. or injury to the structure or work herein authorized which may be caused 17. if granted under 6 NYCRR Part 606,the NYS Department of griviron- by or result from future operations undertaken by the State for the mental Conservation hereby certifies that the subject project will not conservation or improvement of navigation,or for other purposes,and contravene effluent limitations or other limitations or standards under no claim or right to compensation shall accrue from any such damage. Sections 301,302,303, 306 and 307 of the Clean Water Act of 1977 11. Granting of this permit does not relieve the applicant of the responsi• (Fl.95-2173 provided that all of the conditions listed herein are meL bility of obtaining any other permission, consent or approval from 16. All activities authorized by this permit must be in strict conformance ' the U,S.Army Corps of Engineers,U.S.Coast Cuard,New York State with the approved plans submitted by the applicant or his agent as part Office of General Services or local government which may be required. of the permit application, 12. All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments,fuels, Such�approved plans were solvents,lubricants,epoxy coatings,paints,concrete,leachate or any SPECIAL CONDITIONS lksivr�Q Q.h(� e- ose& UAV cm%j of '6e - ,o�`Odl1\ St&Zles 0A _T00TQ-V 111A — fey S`v Ch Le, �\vJ osa Gose - A*00% 4liv e 6-AN Jth S -C v,Ve o r - ST. s nab DEC PERMIT NUMBER 1-!g32-Oo L4t-3 000o Z- PRocRAMPACILITY NUMBER Pae 3 of . M C �1 • SUPPLEMENTARY SPECIAL CONDITIONS The' following conditions apply to all permits: A. If any of the permit- conditions are unclear the permittee shall con- ' tact the Division of Regulatory Affairs at the address and 'telephone noted below. B. A copy of this. permit with supplementary conditions and approved pians shall be available at the project site whenever authorized work is in progress. C. The permit sign enclosed with the permit or a copy of letter of approval. shall be protected from the weather. and posted ,in a con- spicuous location at the work site until completion of authorized work. D. At least 46 hours prior to commencement of the project, the permittee shall complete and return the top portion of the enclosed receipt Form certifying that he is fully aware of and understands all provisions and conditions. o.f this permit. Within one week of completion of the permitted work, the bottom portion of that form shall also *be com- pleted and returned. E. For projects involving activities to be accomplished over a period of more than One year, the permittee shall notify the Regional Permit Administrator in writing at least 48 hours prior to the commencement of resumption of work each year. F, If project design modifications take place after permit issuance, the permittee shall submit the appropriate plan changes for approval- by the Regional Permit Administrator prior to undertaking any such modi- fications. The permittee is advised that substantial modification may iequire submission of a new application for permit. G. All necessary precautions shall be taken to preclude Contamination of any wetlands: or waterway by suspended solids, sediment, fuels, solvents, lubricants, epoxy coatings, •paints, concrete, leachate or any other environmentally deleterious materials associated with' the project work. H.' Any failure to comply precisely with all of the terms and conditions of this permit, unless authorized in writing, shall be treated as a violation of the Environmental Conservation Law. I. The permittee is advised to obtain any permits or approvals that may be required from the U.S. department of Army Corps of Engineers, NY District, 26 Federal Plaza, New York, NY 10278, (Attention: Regulatory Functions branch) , prior to commencement of work authorized herein. J. The granting of this permit does not relieve the permittee of the responsibility of obtaining a grant, easement, or other necessary approval from the Division of Land Utilization, Office of General Services, Tower Building, Empire State Plaza, Albany, NY 12242, which may be required for any encroachment upon Stare-owned lands underwater- Reg. ona,l Permit Administrator - , .. . -,. .-' - - —om"�•—vim �.. NA..53A LI POINT N vc !? i•: : c9 t� VFD AS ;;,i A _ A �•yt: _ RF.T,ovLw 14, AND I;f 1 N rO(:c t WFTH TWO 1-3 reN Rock.. aACYMILL e6.Ins: - APPLICANT .' � ► srePY House s'ga5 NA► ssAv �b1i�iT Y:Df#I� SVPF6LY• Coor4T ; tao0-111_13 3X3 TeP of t� ptAATf M F� EPAR1=1� 8 FX/sTiWe EX+ST#4c• cw9LLb ' MARIWS ficNTi?fic't'i 6 fly, G;Q��NPb�'�, Ivy Ilpy� Fo,Srim a 7i STAM e P1tOQ%�SFD 1�/��YTEbsropr = otJ RfT�QN�R@tNFeKQE a RFFinc��r y�+Y psAcY�'4Z WeXH l��1-:S I-go Rot* E;,cf �. �xlsriNG 8vtk���ta,� Fuer E�rgTus6 IS - �+ R t T V Ru ---' 11 � L(T'I'Ll? PSCoNrC Sq� .st7 • b�C�M�iER �-�� ��aZ - I 21 c4m YD 5CA L K RbG '�£IN aec ►�1�.�JT Tb RbkF.00Z F-MF-k j i-6• bo� AMM 5'IAS 1\)tS-5fw pa! NT Yam-r, N 1 I ill 0XrC.tk06 v E f 1J �5J6� 47 7-#�i q 301 t 9,9 Z. W204 JM)--ed New York state Department of Envi ronment'ai Conservation r. - r AM � NOTICE v .� The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law for work being conducted at this site. Por further information regarding the nature and extent of work approved . and any Departmental conditions on it, contact the Regional Permit Administrator listed below. Please refer to the permit number shown when contacting the DEC. Regional Permit Administrator Permit Number Expiration Date �LA&2u1'.y 14, 111 �1-- NOTE: This notice is NOT a permit .>`{•hi [.T.� �d���2`dP� sv:��• m,�,�, tiF5 k r. 'f0.. r .: r-• �• t' i��_r•�.�_�•.c�•�4;..['•:..�''�."_:_..._._..��_.Y:;_ ••!•_.1L !�_�_,���,p'�`!SR.'f�'�-7"�"�Y i�i�w" '}" 4e Board Of Southold Town Trustees '►� �� 'y�r // SOUTHOLD, NEW YORK PERMIT NO. -:0.1.......114. DATE: .. .-1`.f 1-1-q3.... ISSUED TO .......VN-(-A�:[1C:�......... ........ ................................................ut b 7. j Pursuant to the provisions of Chapter 615 of the Laws of _Y the State of New York, 1893; and Chapter 404 of the Laws of the :.� State of New York 1952; and the Southold Town Ordinance en- •.:Y titled "REGULATING AND THE PLACING OF OBSTRUCTIONS 1N AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM :1J LANDS UNDER TOWN WATERS;" and in accordance with the Resolution of The Board adopted at a meeting held on 1-111:13...... and in consideration of the sum of $.... rw+ ?f-paid by "" 's .... ...... .. .................................•.................................. ....................................... of ................ .•. ..... ....... N. Y. and subject to the N } r. a+ Terms and Conditions listed on the reverse side hereof, of Southold Town Trustees authorizes and permits the following: all in accordance with the detailed specifications as presented in { the originafincj application. ' IN WITNESS WHEREOF, The said Board of Trustees here- i � `•", �� ' these resents to 4' by causes its Corporate Seal to be affixed, and p be subscribed by a majority of the said Board as of this date. , 5 / \\\ ...W..... .......... .......i, ..... I .. ......... T ruse des •.�'"•�;�i;,.r7.are',s'iu..s.'�T�...6i�.""i�•�ruL�:d1G'� •,T •r y� . l , irk P BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD,NEW YORK PERMIT NO. DATE: SEPTEMBER 21,201.1_ ISSUED TO: ELLEN F.EMERY PROPERTY ADDRESS: 5925 NASSAU POINT ROAD,CUTCIIOGUE SCTM# 111-13-6 p 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 Sqptember 21.2011, and in consideration of application fee in the sum of$100.00 paid by Ellen F.Emery and subject to the Terms and Conditions as stated in the Resolution,the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to repair and replace existing stairs and platform in the same location; trim and remove dead and overgrown vines and non-native vegetation on bluff; build terracing and install erosion control mats at top of the bluff; replant bluff with native plant material; replace the existing fence along the top of the bluff; and for the existing flagpole;with the conditions,that the platform is reduced to 32 square-feet; the use of non-treated lumber on the decking;the fence-is moved back to the flagpole; the area between the fence and the top of bluff is to remain un-mowed and left in its natural condition, and as depicted on the site plan prepared by CTed 13arroun,received on December 299 2011,and stamped approved on January 11,20120 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. t� i)l 1 M. ohe y MW Dave Ber en — Recused V f 1 I�I III ail. SII 4 BOARD OF SOUTHOLD TOWN TRUSTEES SOUT •.111 I,. y,:'i 1 ✓��'- Ir �,r , I �I PERMIT 1 7706 1 i • ISSUED TO: ELLEN F.EMERY I li tL 7PROPERTY ADDRESS: 5925 NASSAU POINT ROAD,CUTCHOGUE 111',1 11 1� AUTHORIZATION Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in t s`: t � t Trustees a 18,2012 and consideration • application r a $150.00 p. • i '• i• •i .• the Termsand Conditions as stated in the Resolution,the Southold Town Board of Trustees authorizes and permits the Wetland Permit to construct a 32 square foot observation platform'in C � r conjunction with h. existing : ,, depicted on then R prepared by Ned Harroun,last dated January 12,2012,and stamped approved on January 18,2012. 1 � IN WITNESS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affixed, • these • • • subscribed • r • • Board • date. I \\a� FDJt zce rapp Abstained Dave Be �1 1! I •_2.1 / �: eT.\.( b S )r. h ;... R?Y h i"!,ti \ �'•...� .An'' l`{a� \`7r 14'kiR hll •.� `:SV `,. \ F R.�\1 �' r N \ l l C rtly :: �V ,n,j a t ,� � �.- j 911 '�9. � 1�•��1 .�b��' � � � r11•.• � � � 1 ��,, � � \ �4i111 A11�;�� ',�:y N. ._.,.� i. .a�.,`u.. :.�.,�yc5� .� _i --t-th a J.u�,� is �a'.,.�,� :.iN.d,� i >b V �����.� i..��".fw: �i,..-,� �'^S Kp��n.•�r:@.g:.<.:. � .,II iC i"1.,.�1 h*4�•�#i :�. .��:,C1" f�,����f'.1�� r\.`.... i�, {��I 1 �',\ -��r �•`�141i�:.. <..v S .a-:.,.. J�il t/hltr�y}' 4...4y'�- f.���r..'�,���I��'F.� � ''��(i, ,' 1� } \.1 ;� Y=: ;i` ,.. ��'e.�,.r>`;.. ,:ho. :�,�5 JzS'., .:c,• -•,,r �1���'..>z,.- -�o, ,,�_� �\��?�.v.. _ �Y t��..\ _a. .rfr,,, \ r �b �•.e J �t Sts. - ... �, _�� � �� \ � � �""`-z-c - SEACOAST CONSTRUCTION, INC. P.O. Box 893 S Me, NY 111782- w_ww.seaeoastd.geks.com `I C:bnstoph6t M, Gentry Phone (631)472-761.6 Supervisor Tax(631)472-7618 December 26th,2012 Ms,Ellen F.Emery 5925 Nassau Point Road Cutchogue,NY 11935 (516)746-4038 Seacoast Construction,Inc.is pleased to submit the following proposal to rip out and replace approximately 100' of failing bulkhead and add to two 8' returns,install 100' of upland retaining wall,and approximately 75'of beach stairs. Construction: "'Bulkhead Demolition" ' Navy wall existing failing bulkheads will be excavated,extracted,cut up,and carted to an upland site(dump). Construction: "Bulkhead Navy Wall" Face piles will be 12"x20' 2.5 CCA. All pales will have a juinimum penetration of 12'. Stringer system will be 6"X8'=0' 2.5 CCA. Stringers will be at a four foot span, all stringers will be staggered. All stringers will be fastened using 314"x12"-3f"x22"hot dipped galvanized timber bolts impacted to 150 psi per bolt. Construction: "Vinyl Sheet Piling" All,vinyl.sheet piling will be Shoreguard 650 36"x16' (lifetime warranty). All vinyl sheet piling will have a minimum peuetration.of 8'. All vinyl sheet piling will be secured using 3/8"W"lag bolts(4 per sheet). Construction,: "Backing System." All tie rods will be 1"x16' hot dipped galvanized connected to a continuous laylog 12"x30' (3) pinned in place using 8"x12' driver pins every six foot on center. All tie rods will run through face pile IS"below grade out a 10 degree angle. JZM _j� a si 6h -"Clean Fill" Approx xiateIy Z50,.cubic ysrds of fill will be gut irk place behind new bulkhead. Gonstruction� "Upland RetiafAing Wall" A, u�plaiid Olkbgng wall will be constructed of NOY Wall construction. Timber piles, timbeeiall.(6ziaJ .Ciltc�).. CQ��ructian: "-�ea��iStaijes" ; 1Liroimately 75''of beach stairs will,be installed with laiadin g. Cluistoph Crentry j f t . i - I /r YfAIP YA wiI T 0A err r� V � = - r � .lw•l � - _ �JI€��'.!''ri N' rte-= � jf64 � � .� .� . �