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HomeMy WebLinkAboutTR-8089James F. King, President Bob Ghosio~ Jr., Vice-president Dave Bergen : .. - John Bredemeyer Michael J. Domino Town Hall, 53095 Main Rd. ' P.O. Box 1179 Sentb.~M, ~ 11971 Telephone (631) 765-1892 ~ ' Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line __ 1st day of construction __ ~ constructed __ Project complete, compliance inspection BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 8089 & 8089C DATE: MARCH 20~ 2013 ISSUED TO: LAWRENCE BOGARD & ALICE MEDALIA PROPERTY ADDRESS: 1705 TRUMAN'S PATH~ EAST MARION SCTM# 31-13-5 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with thc Resolution of the Board of Trustees adopted at the meeting held on March 20, 2013, and in consideration of application fee in the sum of WAIVED as per Town Board Resolution #2013- 189 and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to remove +50' of existing bulkhead remains; construct '4-50' of new bulkhead in-place; fill void area landward with clean trucked-in sand (approximately 80 cubic yards); re-grade area and re-vegetate with Cape American beach grass; and as depicted on the site plan prepared by Costello Marine Contracting Corp., last dated February 15, 2013, and stamped approved on March 20, 2013. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. TERMS AND CONDITIONS The Pennittee Lawrence Bo~ard & Alice Medalia, residing at 1705 Tmman's Path, East Marion, New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water tnarks. 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. That the said Board wilt be notified by the Permittee of the completion of the work authorized. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. James F. King, President Bob Ghesio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD COASTAL EROSION MANAGEMENT PERMIT COASTAL EROSION PERMIT #8089C Applicant/Agent: Costello Marine Contracting Corp. Permittee: Lawrence Bogard & Alice Medalia SCTM#: 31-13-5 Project Location: 1705 Truman's Path, East Marion Date of Resolution/Issuance: March 20, 2013 Date of Expiration: March 20, 2015 Reviewed by: Board of Trustees DESCRIPTION OF ACTIVITY: To remove +50' of existing bulkhead remains; construct _+50' of new bulkhead in-place; fill void area landward with clean trucked-in sand (approximately 80 cubic yards); re-grade area and re-vegetate with Cape American beach grass; and as depicted on the site plan prepared by Costello Marine Contracting Corp., last dated February 15, 2013, and stamped approved on Mamh 20, 2013. INSPECTIONS: Final Inspection SPECIAL CONDITIONS: none In accordance with Chapter 111-15 Erosion Protection Structures: XX A maintenance agreement is attached hereto and is a necessary special condition of this permit. BY: James F. King, President Board of Trustees James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 76541892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD 30-YEAR MAINTENANCE AGREEMENT EROSION PROTECTION STRUCTURES CHAPTER 111-15 OF THE SOUTHOLD TOWN CODE The owners of record of property at: SCTM#10OO- in applying for a Coastal Erosion Permit for an erosion protection structure do hereby agree to a 30-Year Maintenance program for a structure as described: as shown on the attached licensed survey and/or site plan for the approved structure. It is my/our understanding that we are to maintain this structure with materials designed to endure 30 years and/or equivalent to the original approved structure. Any maintenance which involves more than 50% of the length of this structure requires approval of the Board of Trustees. We further understand that failure to maintain the structure could result in a requirement to post a bond and/or have the repairs ordered as a lien against the property upon a finding by the Board of Trustees that said lack of maintenance would risk life, property or important natural resource features, Notarized sig~tta~ture of owner of record Notary Public ~ This maintenance agreement shall only be valid upon the attachment of a licensed land survey/and or site plan made within one year of the original construction and validated to show the final approval of the administrator. James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 March 20, 2013 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Ms. Jane Costello Costello Marine Contracting Corp. PO Box 2124 Greenport, NY 11944 RE: LAWRENCE BOGARD & ALICE MEDALIA 1705 TRUMAN'S PATH, EAST MARION SCTM# 31-13-5 Dear Ms. Costello: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, March 20, 2013 regarding the above matter: WHEREAS, Costello Marine Contracting Corp. on behalf of LAWRENCE BOGARD & ALICE MEDALIA 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, and Chapter 111 of the Southold Town Code, Coastal Erosion Hazard Areas, application dated February 27, 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 March 20, 2013, at which time all interested persons were given an opportunity to be heard, and, 2 WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set fodh in Chapter 275 and Chapter 111 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 LAWRENCE BOGARD & ALICE MEDALIA to remove +50' of existing bulkhead remains; construct +50' of new bulkhead in-place; fill void area landward with clean trucked-in sand (approximately 80 cubic yards); re-grade area and re-vegetate with Cape American beach grass; and as depicted on the site plan prepared by Costello Marine Contracting Corp., last dated February 15, 2013, and stamped approved on March 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 Very truly yours, James F. King President, Board of Trustees JFK/amn James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall Annex 54375 Route 25, P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Please be advised that your application dated ¢/Z7 113 , g has been reviewed by this Board at the regular meeting of ' ' ~/~ and your application has been approved pending the completion of the following items checked off below. __ Revised Plans for proposed project __ Pre-Construction Hay Bale Line Inspection Fee ($50.00) __ Is~ Day of Construction ($50.00) __ ~ Constructed ($50.00) / Final Inspection Fee ($50.00) __ Dock Fees ($3.00 per sq. ~.) t/30-Year Maintenance Agreement Permit fees am now due. Please make check or money order payable to Town of Southold. The fee is ~mputed below according to the schedule of rates as set fodh in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or m-application fees will be necessa~. You will receive your pe~it upon completion of the above. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE: $ 50° O0 BY: James F. King, President Board of Trustees Peter Young, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd, P.O, Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631 ) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., March 13, 2013 the following recommendation was made: Moved by John Stein, seconded by Derek Bossen, it was RESOLVED to SUPPORT the applications of LAWRENCE BOGARD & ALICE MEDALIA to remove 50' of existing bulkhead remains; construct 50' of new bulkhead in-place; fill void areas landward with clean trucked-in sand approx. 80 cy.; and regrade area and revegetate with cape American beach grass. Located: 1705 Truman's Path, East Marion. SCTM#31-13-5 Inspected by: John Stein The CAC Supports the applications with the Condition the bath house is relocated landward of the coastal erosion hazard line. Vote of Council: Ayes: All Motion Carried .lames F King, President Bob Ghosio..Ir. Vice-Presidenl Dave Bergen PO Box i 179 Southold. NY 11971 Telephone (631 765-1892 Fax (631 ) 76q -6641 Date/Time: Southold Town Board of Trustees Field !nspection/VVorksession Report Costello Marine Contracting Corp. on behalf of LAWRENCE BOGARD & ALICE MEDALIA request a Wetland Permit and a Coastal Erosion Permit to remove +50' of existing bulkhead remains; construct _+50' of new bulkhead in-place; fill void area landward with clean trucked-in sand (approximately 80 cubic yards); re- grade area and re-vegetate with Cape American beach grass. Located: 1705 Truman's Path, East Marion. SCTM# 31-13-5 T~s~Of area to be impacted: Itwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland. Part of Town C~'de proposed work falls under: __~-C'hapt.275 Chapt. 111 other Type of Application: __ Wetland __Administrative__Emergency Coastal Erosion Amendment Pre-Submission Violation Info needed: Modifications: Conditions: Kin ~ Ghosio Present Were: ~ fMeng~icha-I ~----&~redemeyer Domino __ D. Bergen, D. Dzenkowski other Form filled out in the field Mailed/Faxed to: Date: Lawrence Bogard 11/1/I2 N OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator ECE VE MAR 1 3 2013 -' S0uth0[d Town Beard of Trustees Date: March 12, 2013 Re: Proposed Wetland Permit and a Coastal Erosion Permit for LAWRENCE BOGARD & ALICE MEDALIA SCTM#1000-31-13-5 Costello Marine Contracting Corp. on behalf of LAWRENCE BOGARD & ALICE MEDALIA request a Wetland Permit and a Coastal Erosion Permit to remove +50' of existing bulkhead remains; construct +50' of new bulkhead in-place; fill void area landward with clean trucked-in sand (approximately 80 cubic yards); m-grade ama and m-vegetate with Cape American beach grass. Located: 1705 Truman's Path, East Marion. SCTM# 31-13-5 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney Office Use Only Amendment~Trans fer/Extension ~e~vved Application: ~-~[2.7 / RA:ceived Fee:$ --k//Completed Application Incomplete __SEQRA Classification: Type I Type II Unlisted oordination:(date sent) WRP C°nsistency Asse~sn~ent F°rm CAC Referral Sent: "~ ] i]_L~ . - ~/6ate of Inspection: ' __Receipt of CAC Report: __Lead Agency Determination:__ ~echnical Review: 7Public Hearing Held: 3J Z 0 Jig __Resolution: FEB 2 7 2013 Name of Applicant LAWRENCE BOGARD & ALICE MEDALIA Address 6 CLUB WAY. HARTSDALE, NY 10530 Phone Number:( ) 202.776.1150 Suffolk County Tax Map Number: 1000 - 31-13-5 Property Location: 1705 TRUMANS PATH, EAST MARION (provide LILCO Pole #, distance to cross streets, and location) AGENT: COSTELLO MARINE CONTRACTING CORP. (If applicable) Address:PO BOX :~124. GREENPORT, NY 11044 Phone: 631.477.1199 BoaOof Trustees Application GENERAL DATA Land Area (in square feet): 9300 SQUARE FEET Area Zoning: R-40 Residential Low Density AA Previous use of property: RESIDENTIAL Intended use o£ property: SAME Covenants and Restrictions: Yes X No l£"Yes", please provide copy. Does this project require a variance f~om the Zoning Board of Appeals __ If"Yes", please provide copy o£ decision. Prior permits/approvals for site improvements: Agency Date Yes X No __ 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): *REMOVE 50' OF EXISTING BULKHEAD REMAINS. *CONSTRUCT 50' OF NEW BULKHEAD IN-PLACE. *FILL VOID AREA LANDWARD WITH CLEAN TRUCKED-IN SAND (approximately 80 cyds) *REGRADE AREA AND REVEGETATE WITH CAPE AMERICAN BEACH GRASS. BoaOof Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: To reconstruct existing storm damaged bulkhead to maintain integrity of upland property. Area of wetlands on lot: 0 .square feet Percent coverage of lot: 0 % Closest distance between nearest existing structure and upland edge of wetlands: 0 feet Closest distance between nearest proposed structure and upland edge of wetlands: 0 feet Does the project involve excavation or filling? No X Yes If yes, how much material will be excavated? :~0 cubic yards How much material will be filled? 100 cubic yards Depth of which material will be removed or deposited: 3 feet Proposed slope throughout the area of operations: 0 Manner in which material will be removed or deposited: The material will be trucked in and a small excavator will be use to deposit the material. 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): We anticipate that the proposed bulkhead will have no effect on the wetlands and tidal watem of the town. The majority of the bulkhead is landward of the high water mark and all Best Management Practices will be adhered to during construction. All construction debris will be contained and properly disposed of. There are no vegetative wetlands on this property. of Trustees A~plication COASTAL EROSION APPLICATION DATA Purposes of proposed activity:_ To recosntruct existing storm damaged bulkhead to maintain integrity of upland property. Are wetlands present within 1 O0 feet of the proposed activity? X No Yes Does the project involve excavation or filling? No X Yes If Yes, how much material will be excavated? g0 (cubic yards) How much material will be filled? 80 (cubic yards) Manner in which material will be removed or deposited: The material will be trucked in and a sma~ excavator will be used to deposit the material. Describe the nature and extent of the environmental impacts to the subject property or neighboring properties reasonably anticipated resulting fi.om implementation of the project as proposed~ including erosion increase or adverse effects on natural protective features. (Use attachments if necessary) The project area has severe damage from Hurricane Sandy. We are not proposing any new structures. There will be no adverse effects on any natural protective features, nor will there be any increase in erosion due to the reconstruction of the bulkhead at this property. 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by A[:)plicant or Project Sponsor) 1. APPLICANT/SPONSOR ]2. PROJECT NAME Costello Marine Contracting for Lawrence Bogard & Alice Medalia /BULKHEAD RECONSTRUCTION 3. PROJECT LOCATION: Municipality EAST MARION SOUTHOLD TOWN County SUFFOLK 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 1705 TRUMANS PATH. EAST MARION, NY 11939 SCTM #1000-31-13-5 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Remove 50' of existing bulkhead. Construct 50' of new bulkhead in-place. Fill void area landward of bulkhead with clean trucked-in sand approximately 80 cubic yards. Regrade area and revegetate with Cape American beach grass. 7. AMOUNT OF LAND AFFECTED: Initially 0.00 acres Ultimately 0.00 acres WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes ~ N NO If NO, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial Describe: PRIVATE RESIDENTIAL WATERFRONT r--]Agriculture [] Park/Forest/Open Space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes LJ No If Yes, list agency(s) name and permit/approvals: ARMY CORPS OF ENGINEERS, NYSDOS, NYSDEC, TOWN OF SOUTHOLD 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? LJ Yes [] No If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? DYes []No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF My KNOWLEDGE / ! Applicant/sponsor .na _~ Jane P. C~r Costello Marine Contracting Corp. Date: ~ Signature: /, ~,/__5~,~1~ ~ ~ If/~e action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment I OVER 1 PART II- IMPACTASSESSM~~~~j~ - DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617 4'~ If yes, coordinate the review process and use the FULL EAF. J-]Yes DNo *' B. WILL ACTION RECEIVE COORDINATED REVIEW AS"~ROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR PART 617 6'~ If No, a negative declaration may be superseded by another involved agency. ' - · r-]Yes J--J No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quatity, surfaco or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for eresion, drainage or flood ng problems? Explain briefly: C2. Aesthefic, egdcultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain bdetiy: C3. Vegetation or fauna, fish, sfiellfish or wildlife species, significant habitats, or threatened or endar~gered 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 bdefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. Long term, shert term, cumulafive, or other effects not iden ified n C1-C57 Explain briefly: C7. Other impacts (including changes in use of either quantity or type of energy)? Exp{ain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes [] No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No ~f Yes, explain briefly: PART III - DE'i ~MINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether if is substanfial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rurel); (bi probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (fi magnitude. If necessa~, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed, if question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental cha~ac[ei~[ics of the CE~ ] Check this box If you have idenflfied one or more potenflally large or significant adverse impacts which MAY occur. Then proceed blrectly to the FUM EAF and/or prepare a positive declaration. Check th~s box ~f you have determined, based on the ~nformation and analys~s above and any supporting documentation, that the proposed action WILL [] NOT result in a~y significant adverse environmentalimpact~ AND provide,'on attachments as necessary, the reasons supporting this determination Name of Lead Agency Date Print or TypeName of Responsible Officer in Lead Agency Title of Respensible Officer Signature of Responsible Officer in Lead Agency Signature of Fre~,ur (If d;F,,=i~,,[ from responsible oificer) Reset PART II - IMPACT ASSESSMENT (To be completed by Lead A~lency) A. OO~S A(~TION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR. PART 617.47 If yes, coordinate the review process and use the FULL EAF. I--I 171.o B. WILL ~CTION RECEIVE COORDINATED REViEVV AS PROVIDEO FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration may be supemeded by aneth~ involved agency. E]Yes [~'lNo C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing eh' quality, sudase or g¢oundwater quality of quantity, noise levels, exialing h-eric pattern, solid waste production or disposal, potential fe~' emstun, draibage or tiooding problems? Explain briefly: I C2. Aesthetic. agricultural, archaeological, historic, or other natural or cultural resources; or ¢emmunlty or neighbedmnd character? Explain briefly: C3. Vegetation or fauna, fish. sheltiish or wildlife species, sig~iiica~i h~hats, or ~atened' or endangered species? Explain Ixiefly:, C4. A ~ommunlty's existing i~ans or goals as officially adopted, of a change in use or intensity of use of land or other natural resources? F-xp~ln briefly: l C5. Growth, ~ubsequent development, or related activitie; ii~;iy rob; i;~uced b~ ih; pT<~o;e~- ;crib;; Expi;i; b~fly: .......... C6. Long teffn, shod term, cumulative, or other effects not identified in C1-C57 Explain briefly: I . WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL E.. 18 THERE, OR IS THERE UKELY TO BE~ CONTROVF~.RSY RELATED TO POTENI1AI. AOVE. RS E ENVIRONMENTAL IMPACTS? Ifyes ex~aln: P.~T III - IX: ~ ~,IlN~TION OF SIGNIFICANCE (To be completed bY Agency) INSTRUCTIONS.' F~xead~adverseeffectldentifledabove, determinewhetheritissubslaetiaLla~,~~n~ Each elfect shoed be assessed i~ com,,ecll~ with its (a) seffiflg (Le. udoan or rural); (b) pmbabirr[y of o~cufling; (~) duratk~ (d) I~'eYersbilibj; (e) geographic so~e; and (t) magnitude. If neceSSary, add attachments ~ reference supporting rnatedals. Ensure limt explanatiom ~o~lain - suffkaq~t detail to show that all retevant adverse tmpac~s have been identified and adequataly addressed, ff questkm d of p~t Ii was checked yes. the dele~mlnation ef sl~alrmanee must evaluate~,te potentlallmpac~of the prepo~d acllofl on the e~efllal ehamc~erlstics of Ihe CEA Check ~ bex If you ha~e Ide~afied ofle o~ more po(enttally tufge or sight, mt adve~e impacts whleh ~y ~. 111e~ pfm:eed dlre~ly to ehe FUU EAF and/~r prepare a poa~ve dedara~o~. WILL ROT reset I~ a~y $1gndlea~ adveme erwironmental impacts AND provide, on attachments es nesessap/, the masor~ suppo~lleg thh determibation. Board of Trustees Name of _~d Agency ~ Pfirff~Respons;ble Oflicor i~d A~ency°r T~po Name of~.ponslble Offi~r in Lead Agency President Date Title of Responsible O~ficer Signature of Preparer (If different h'om responsible officer) BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD FIOARt) OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of thc Application of LAWRENCE BOGARD & ALICE MEDALIA COl INTY OF SI JFFOI,K) STATE OF NEW YORK) MAR 1 9 2013 Southold Town I~o~rd of Trusteos AFFIDAVIT OF POSTING TO BE COMPLETED ,II:'?'ER PO,r~'I'ING RE~II/IINN 13, PL.I('If I:OR E/G/If D..1 ¥S "PO J ox .219.4. zeot a -./qY 1 tqd-4- being ch. dx suborn, depose and say: ' That on Ihe clay of .201 . I personally posted tile property knov, n as by placing the Board of Trustees official ;~oster wher~ it can &a,~i]y be seen, and that I have checked Io be sure the poster has remained ill place for eight days prior to thc date of the public hearing. Date of hearing noted thereon to be held Wcdnesda¥~ March 20~ 2013. Dated: Sworn to bdbrc me this } q'~tay ofp40.tr~201B ~t~3ogard 1705 Tmman's Path, EastOio~ 3/13/13 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Susan E. Click Bruce W. Bollman John S. Gorga Address: P.O. Box 153, East Marion, NY 11939 240 Grange Road, Southold, NY 11971 310 Woodland Avenue, Manorviile, NY 11949 STATE OF NEW YORK COUNTY OF SUFFOLK MAR 1 9 2013 $oothoid Town Jane P. Costello , residing at Costello Marine Contracting Corp. PO Box 2124, Greenport, NY 11944 , being duly sworn, deposes and says that on thc 12 day of March ,20 13 , deponent mailed a truc copy of the Notice set forth in the Board of Trustees Application, directed to each oftbe above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are thc address of said persons as shown on the current assessment roll oftbe Town of Southold; that said Notices were mailed at the United States Post Office at Greenport (11944} , that said Notices were mailed to each of said persons by CERTIFIED MAIL/RETURN RECEIPT. Sworn to before me this ] c/bt_ Day of/Y}a/c/~ _, 20 13 LYNN E No.fy Public- State of New Yod~ NO. 01 ST6269424 q~ifl~l in Suffolk Co~m~, NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES~ TOWN OF SOUTHOLD In the matter o£applicant: LAWRENCE BOGARD SCTM# 1000-31-13-5 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees tO: Remove $0' of existing bulkbeadremains. Construct 50' of new bulkhead in-place. Fill void area landward with clean trucked in sand (approximately 80 cubic yards). Regrade area and revegetate with Cape American beach grass. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 1705 TRUMAN'S PATH, EAST MARION, NY 11939 That the project which is subject to Environmental Review under Chapters 32, 37, and/or 97 of the Town Code is open to public comment on: March Z0, Z013 @5:30pm . You may contact the Trustees Office at 765-1892 or in writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNERS NAME: Lawrence Bogard MAILING ADDRESS: 6 Clubway Hartsdale, NY 10530 PHONE #: Enc: Copy of sketch or plan showing proposal for your convenience. NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held SOUTHOLD BOARD OF TRUSTEES at the Town Hall, 53095 Main Southold, New York, concerning this property. by the Road, OWNER(S) OF RECORD: I l r..e SUBJECT OF PUBLIC HEARING: To remove +50' of existing bulkhead remains; construct +50' of new bulkhead in-place; fill void area landward with clean trucked-in sand (approximately 80 cubic yards); re-grade area and re-vegetate with Cape American beach grass. TIME & DATE OF PUBLIC HEARING: 20, It: you have an interest in this project, you are invited to vi.ew the Town file(s) whi.ch are available for insr~ection~rior to the day of the heanng during normal bus,ness days between the hours of'8 a.m and 4 p.m. BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631) 765-1892 of Trustees Application County of Suffolk State of New York Jane P. CosteHo, Permtt Manager for Costello Marine Contracting 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 1N CONJUNCTION WITH REVIEW OF THIS APPLICATION. SWORN TO BEFORE ME THIS / ,~ ~" DAY OF ~"~Oa r'c/ ,20 /,~ ! LYNN ~. STEVRNS Notary Public- State of New York NO. 01 ST62694:24 ~ in Suffoll~ Co~a.ty Common Ex¢~ q-d2q-9olt~ COSTELLO MARINE CONTRACTING CORPORATION DOCK BUILDING · JETI'IES · BULKHEADING · STEEL & WOOD PILING · FLOATS 423 FIFTH STREET · P,O. BOX2124 · GREENPORT, NEW YORK 11944 · (631) 477-1199/477-1393/477-0682 · FAX (631) 477-0005 AUTHORIZATION FORM I, Alice Medalia owner of 1705 Trumans Path Business/Property Name located at 1705 Trumans Path, East Marion NY 11939 do hereby give Costello Marine Contracting Corp. the author/V/to act as agent in my behalf in applying for all of thc necessary permits for work to be completed at my above referenced property. ~ ~)ate Signature APPLICANT/AGENT/REPRESENTAT! VE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics orohibits conflicts of interest on the oert of town offiee~s and emolovres. The mn'ooee of this form is to orovide information whwh c~n aler~ the town of oossthle conflmts of mtereet and allow it to mice whateve~ action ~s ~id same. (Last na~e, filet nmne, middle initial, omess you are applying ~n me narc o someone else or other entity, such as a con,qmny, ffso, indicate the other pemon's or company's name.) NAME OF APPLICATION: (Check all that apply.) Change of Zone Approval of plat Exemption from plat or offic/al map (If"Other', narc~ the activity.) .... ~ ...... Do you personally (or through your company, spouse, sibling, paint, or child) have a relationship with any officer or employee of the Town of Southold? =Relationship" includes by blood, maniage, or business intere~ "Bualne~ interest" nmma a business, including a partnership, in which the town offieer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO ~ If you answered "YIn, complete the balance of this form and date and sign where indicated. Name of persen employed by the Town of Southo, ld Title or position of that person Describe the relationship batween yourseff (the applican~/agenth~prescotative) 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 (cheek all that apply): __A) fl~ ownes of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); __B) the legal or b~meficial owner of any interest in a non-coq)orate entity (when the appliesmt is not a corporation); C) an officer, director, partner, or employee of the applicant; or __D) the actual applicant. DESCRIPTION OF RELATIONSHIP Bogart/Medalia Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agendes, shall comCete this CCAF for proposed actions that a-e subject to the Town of Southold Waterfront Consistency Review Law. This ~._-~_¥ent is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor e~errpt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before anawedng the questions in Section C, the preparer of this form should review the e~empt minor action list, polities and e(plar~iof~ of each policy contaned in the Town of Southo~d Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significa-~t benefidal a~ adverse effects upon the coastal area (which i nd udes all of Southold Town). If any question in Section C on this form is answered "ye~', the3 the proposed action may affect the achievement of the LVVRP policy standards and conditions contal~ in the consistency review law. Thus, the action ~ould be analyzed in more detail and, if nece~s~y, modified prior to making a determination that it is consistent to the rraximum extent practicable with the LWRP policy standards ~ conditions If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following place~ onlif website (a3utholdtown. northfork, ra~t), the Boa-d of Trustees ( local libraries and the Town Clerk's office~ B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 31 13 _ 5 TheApplication has bsen submitted to (check appropriate response): FEB 2 7 ~ar¢ ¢ Tr_~ ~,: Town Board 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (~g. capital construction, planning activity, agency regulation, land transaction) (b) Finandal ~stance (eg. grant, loan, subsidy) ~ Planning Dept. ~ Building Dept. ~ Board of Trustese r~J (c) Permit, approval, license, certification: Natureand extent of action: Remove 50' of existing bulkhead. Construct 50' o£new bulkhead in-place. Fill void areas landward o£bulkhead with clean trucked-in fill (approximately 80 cubic yards). Regrade area and re-vegetate with Cape American beach grass. Location of action: 1705 TRUMANS PATH, EAST MARION Site acxe~O~ 0.20 ACRES Pcesant land use: SINGLE FAMILY RESIDENCE Pce~ ~i zo~ng d,a~fication: R-40 RESIDENTIAL LOW DENSITY AA If an application for the proposed action has been filed with the Town of Southold agency, the following inforn~ion shall be provided: (a) Naneof ~ica~: LAWRENCE BOGART & ALICE MEDALIA (b) M~ilin0 eddres~ 6 CLUB WAY, HARTSDALE, NY 10530 (c) Telephone number: AreaCode( )202.776.1150 (d) Application number, if any: Will the action be directly undertaken, requi re funding, or approval by a stale or federal agency? Yes ~ No r-"J if y~, which state or federal ~;}ency?NYSDEC, NYSDOS, ACOE DEVELOPED COAST POLICY Policy 1. Fc~ter a pattern of development in the Town of Southold that enhancescommunity character, presa-vesopen space, makeseffident useof infra~ructure, makes banefidal useof a coastal location, and minimizes adverse e~fects of development. See L WRP Section III - Polities; Page 2 for evaluation criteria. J"~JYes J~J No j'--J Not Applicable The existing bulkhead on this properO, showing its age and Hurricane Sandy removed significant amounts ' of sheathing leaving the majoriO, of the land unprotected. We are proposing to reconstruct the existing bulkhead to ensure the properO, is fully protected from future storm surges. Our proposal will not have any' effect on the commurd(y character or preservation o£ open space. Policy 2. Protect and preserve historic and archaeolo~cal r,~urces of the Town of Southold. See L WRP Section III - Polities Pages 3 through 6 for evaluation criteria This property has no significant historic resources. Attach additional sheets if necessa'y Policy 3. Enhance visual quality and protect scenic r__~e~_Jroas throughout the Town of Southold. See LWRP Section III - Polities Pages 6 through 7 for evaluation criteria ~ Yesr--1 No[71 Not Applicable The current condition o£this bulkhead is unstable and threatening the integrity of the upland property. A new bulkhead is attempt o£ the upland properO, owners to maintain their proper~. The visual quall(y and scenic resources will be restored to when construction is complete. Attach eOcIitl~ slleets It net"~,~ NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural r ~m__,rces from flooding and erosion. See L WRP Section III - Polities Pages 8 through 16 for evaluation criteria ~ Yes[-1 Nor~l Not Applicable The existing bulkheadis needed to protect the uplandproper~y from storm surges. The new bulkhead will control further erosion and maintain the integriO, of this property. Our proposaI will not increase tlooding or eroston in the adjacent area. Attach additional sheets if neo~,~ry Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Polities Pages 16 through 21 for evaluation criteria ~ Yes i-'-I No ~--INot Applicable The proposal will not have any impact on the water quali(y or supply o£the Town o£$outhold Attach a0~lt~ona si'leers ~t n~ Policy 6. Protect and restore the quality and function of the Town of Southold ecoeystems induding Significant Coastal Fish and Wildlife Habitats and wetlands See LWRP Section III - Polities; Pages 22 through 32 for evaluation criteria. ~-I Yes r-'lNol~ Not Applicable This proposal will not have any impact on the Town of Southold's ecosystem. All work will take place landward o£the high water line and all construction debris will be contained Attach acldJtJona sheels it n~c~sa'y Policy ?. Protect and improve air quality in the Town of S~uthold. ~ LWRP ~ion III - P~id~ Pag~ 32 thr~gh ~ for ~alu~ion ~it~ia. ~ Y~ ~No~ Not Appli~bie This p~s~ ~1 not have any ~pact on ~e ~ quali~ of ~e To~ of Southold. Attach additional sl~eets if n~ Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes~ See L WRP Section III - Polities; Pages 34 through 38 for evaluation criteria. J-'-lYes r'-] No ~'] Not Applicable This proposaI will not degrade the environment with so/id waste or hazardous substances. PUBLIC COAST POLICIES Policy 9. Provide for public a._-~to, and recreational use of, coastal waters, public lands, and public r ~_~3~_~rces of the Town of Southold. See LWRP Section III - Polities; Pages 38 through 46 for evaluation criteria. ['~ Y~'J NoJ~ Not Applicable Our proposal ~_I1 not limit the public's abiliO, to access coastal waters, public lands or public resources of the Town of Southold. The proposed bulkhead will be in-Mnd, in-place construction. The existing bulkhead~ is landward of the high water mark. Attach additiona~ sheets if neceasa3/ WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations See LWRP Section III - Polities; Pages47 through 56 for evaluation criteria. [~Yes ~--~ Nor---~ Not Applicable Our proposal is to reconstruct a falling bulkhead. The present condition of the bulkhead is poor due to the damage caused by Hurricane Sandy and its age. This properO, is used by the owners to engage in water dependent activities such as fishing and s~4mming. These activities ~ilI continue at this site once the area is i stabilized. Attach additional aheet$if ~y Policy 11. Promote sustainable use of living marine resourms in Long Island Sound, the Peconic Estuary and Town waters See LWRP Section Ill - Polities; Pages 57 through 62 for evaluation criteria, J~'] Yes I"--] No[~'~ Not Applicable Ail work will be landward o£ the high water mark and there should be no significant effects on the living marine resources. Attach additional shee~s if nec~-~,~.-~ y Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Polities; Pages 62 through 65 for evaluation criteria. J---lYes ~ Noir"] Not Applicable This proposal ~411 have no impact on the agricultural/ands in the Town o£Southold. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources See LWRP Section III - Polities; Pages65 through 68 for evaluation criteria. [~Yes J~] No [~--~ Not Applicable This proposal has no influence on the deveIopment o£energy or mineraI resau£ces. Created on 5/25/05 11:20 AM RESOLUTION 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 ~onstruction, 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 Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell !'0088 50-791:21~. MEMO L. Bogard & A. Medalia ~,umo.~m~ snaamaE .,ECEIVE FEB 2 7 2013 I APPROVED BY ,~,,,,,,:, o~ ~-,~u~-~ ,-ow,,, o~ sou~-~o~ JO, az,/ f .~.t.o' v~,¢~.',~¢ ,.Id,y . z '/..: 9,5'4 RODERICK VAI~.T-~tlYL. P¢,C. LICENSED LAND SURVEYORS GREENliK~RT NEW YORK SUFFOLK CO HEALTH DEFT. APPROVAL SUFFOLK CO DEPT. OF HEALTH SERVICES, ;s) DI~. ~CT, BL~K PCL. t TEST HOLE STAMP f,,,: ¢ e/ , I