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Home My WebLink AboutTR-8093 James F. King, President Bob Ghosiol Ir., Vice-P[eside~t John Bredemeyer Michael J. Domino Town Hall, 53095 Main Rd. · P.O. Box 1179 8outhbld, i'~'Y 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. 8093 DATE: MARCH 20~ 2013 ISSUED TO: LEHNERT FAMILY IRREVOCABLE TRUST PROPERTY ADDRESS: 5605 NASSAU POINT ROAD~ CUTCHOGUE SCTM# 111-13-2 AUTHORIZATION Pursuant to the provisions of Chapter 275 of the Town Code of[he Town of Southold and in accordance with the 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 the two (2) storm damaged retaining walls and replace with new single +/-100' long retaining wall; existing wood decks (18.8'x14.4') at bulkhead to be rebuilt and replaced in-kind; existing 10'x6' shed; with the condition that the shed is not to be habitable; and as depicted on the site plan prepared by Lehnert Construction, last dated February 12, 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 Lehnert Family Irrevocable Trust, residing at 5605 Nassau Point Rd., Cutchogue, 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 assmnes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstmction to free navigation, the said Permittee will be requirod, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. That the said Board will be notified by the Permittee of the completion of the work authorized. That the Permittee will, obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall Annex 54375MainRoad P.O. Box 1179 Southold, New York l1971-0959 Telephone(631) 765-1892 Fax(631) 765-6641 March 20, 2013 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Robed Lehnert Lehnert Construction 6700 Aldrich Lane Mattituck, NY 11952 RE: LEHNERT FAMILY IRREVOCABLE TRUST 5605 NASSAU POINT ROAD, CUTCHOGUE SCTM# 111-13-2 Dear Mr. Lehnert: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, March 20, 2013 regarding the above matter: WHEREAS, Lehnert Construction on behalf of LEHNERT FAMILY IRREVOCABLE TRUST 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 February 15, 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 to remove the two (2) storm damaged retaining walls and replace with new single retaining wall be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, the LWRP Coordinator recommended that the proposed application to rebuild, replace existing wood decks (18.8'x14.4') at bulkhead in-kind be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered the Local Waterfront Revitalization Program policy 6.3 to the greatest extent possible through the imposition of the following Best Management Practice requirements: the issuance of a permit on structures; 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, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees APPROVES the application of LEHNERT FAMILY IRREVOCABLE TRUST to remove the two (2) storm damaged retaining walls and replace with new single +/-100' long retaining wall; existing wood decks (18.8'x14.4') at bulkhead to be rebuilt and replaced in-kind; existing 10'x6' shed; with the condition that the shed is not to be habitable; and as depicted on the site plan prepared by Lehnert Construction, last dated February 12, 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 James F. King President, Board of Trustees Jmes 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 Southnld, 1'~ 11971 Telephone (631 ) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Please be advised that your application dated ~//~/[-~ ! ~ hasbeen reviewed by this Board at the regular meeting of ~/~.bfl.~ 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) __ 1st Day of Construction ($50.00) __ ½ Constructed ($50.00) v//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 Southoid. 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: $ ~ O, Ob 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 Southoid At the meeting of the Southold Town Conservation Advisory Council held Wed., March 13, 2013 the following recommendation was made: Moved by Doug Hardy, seconded by Derek Bossen, it was RESOLVED to SUPPORT the Wetland Permit application of LEHNERT FAMILY IRREVOCABLE TRUST to remove storm damaged retaining walls and replace with new retaining wall; existing wood decks at bulkhead to be rebuilt and replaced in-kind. Located: 5605 Nassau Point Rd., Cutchogue. SCTM#111-13-2 Inspected by: Doug Hardy The CAC Supports the application, however, the application will be repeated in another storm event. Vote of Council: Ayes: All Motion Carried MAE i,; 2013 PO Box 1179 'l elcphonc (631 765-1892 Fax (631 } 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: 7_./¢.]/t3 ~¢'%.. Lehnert Construction on behalf of LEHNERT FAMILY IRREVOCABLE TRUST requests a Wetland Permit to remove the two (2) storm damaged retaining walls and replace with new single retaining wall; existing wood decks (18.8'x14.4') at bulkhead to be rebuilt and replaced in-kind Located: 5605 Nassau Point Road, Cutchogue. SCTM# 111-13-2 Type of area to be impacted: __Saltwater Wetland __Freshwater Wetland Sound ~/Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: ~P'Chapt.275 __Chapt. 111 other Type of Application: ~ Wetland Coastal Erosion Amendment ~Administrative__Erf~rgency --Pre-Submission -- Violation Info needed: Modifications: r'-¢,,.o.~_ J,.~;.~ ~.-¢~.. Conditions: Present Were: '--J. King JB. Ghosio /D. Bergen, ~ Bredemeyer ~ Michael Domino D. Dzenkowski Form filled out in the field %y, Mailed/Faxed to: Date: other New York State Department Based on the -rvation FEB 1 5 2013 ~outMI4 Town [~a~ of Trustees Date: 3~lt/ /~ I~-~ Thomas C. Jorllng Commissioner information you have submitted, the New York State Department of Environmental Conservation has determined that: Therefore, in accordance with the current Tidal Wetlands Land Use Reglllations (6NYCRR Part 661) no permit is required under the Tidal Wetlands Act . Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands' jurisdictional boundary, as indicated above, wl~houu a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to The ground surface or vegetation within Tidal Wetlands ~uris~4~ ~ ~ ~ ~-_ · %' : . .~ ~.g_ ~n!c~ may result f~om ~u3e~L. ~ucn precautions may lnciude maintaining ~a~ yoglr work area between the tidal wetland jurisdictional boundary and your prcject (i.e. a 15' to 20' wide construction area) or erecting a temporary fence, barrier, or hay bale bez~. Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary ~ermits or approvals from other agencies. ' Very truly yours, puny ~eg~onal Permit Administrator earth feetl,i 300 ~ meters! 100 05605 Nassau Point Road COUN~ OF S~FFOLK (~ OFFICE LOCATION: Town Hail Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southaid, 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 ,.ECEIVE MAR 2 0 2013 S~thold TO~m I~ard of Trust~e~ Date: March 19, 2013 Re: Proposed Wetland Permit for LEHNERT FAMILY IRREVOCABLE TRUST SCTM#1000-111-13-2 No permits for structures were found. Lehnert Construction on behalf of LEHNERT FAMILY IRREVOCABLE TRUST requests a Wetland Permit to remove the two (2) storm damaged retaining walls and replace with new single retaining wall; existing wood decks (18.8'x14.4') at bulkhead to be rebuilt and replaced in-kind. Located: 5605 Nassau Point Road, Cutchogue. SCTM# 111-13-2 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 to remove the two (2) storm damaged retaining walls and replace with new single retaining wall; are CONSISTENT with the LWRP. The proposal to rebuild, replace existing wood decks (18.8'x14.4') at bulkhead in-kind is not permissible under current regulations is recommended as INCONSISTENT with the LWRP. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The structure described was not constructed pursuant to Southold Board Trustees permit pursuant to Chapter 275 Wetlands and Shorelines regulations and is not permissible under current regulations. (6) Platforms. [Amended 10-I1-2005 by LL. No, 17-2005; ~0-9-2012 by L.L. No. 12-20~2] (a) Platforms associated with stairs may not be larger than 100 square feet. [Amended 1-29-2013 by (b) Platforms may not exceed 200 square feet and must be landward of the top of bluff. The deck (platform) is proposed to be 270.72 sq. ft. Figure 1. Showing deck located within the VE flood zone, Note that the deck is located within the VE (velocity hazard) flood zone. VE mapped areas are coastal areas with a 1% or greater chance of flooding and an additional hazard associated with storm waves. These areas have a 26% chance of flooding over the life of a 30-year mortgage. Structures located within these areas have a high probability of failing in storm events. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Breclemeyer Michael J. Domino Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (691) 765-1892 Fax (631) 766-6641 BOARD OF TOWN TRUS'I*:ES TOWN OF SOUTHOLD Office Use Only Coastal Erosion Permit Application ~_Wetland Permit Application __ Administrative Pcrmit __AmendmentJTrans fer/~xtcnsion ]( Received Application: ._,~.Complcted Application Incomplete SEQRA Classification: Type I. Type II Unlisted Coordination:(date sent) X LWRP Consistency Ass~ssmcnt Form ~/t?3 -~CAC Referral Sent: ~]t ' t~Date of lnspection:~ Receipt of CAC Report: ' Lead Agency Determination: Technical Review: ~Public Heating Held: ~//..~g~// __Resolution: NameofApplicant Lehnert Family Irrevocable Trust Mailing Address 5 Kilburn Road, Garden City, NY, 11530 Phone Number:( ) 516-248-2188 Suffolk County Tax Map Number: 1000 - 111 - 13 _x~ ~ Property Location: 5605 Nassau Point Road, Cutcho~ue (provide LILCO Pole #, distance to cross streets, and location) AGENT: Lehnert Construction (If applicable) Address: 6700 Aldrich Lane, Mattituck, NY, 11952 Phone: 631-734-8362 Board of Trustees Application Land Area (in square feet): 3 4,5 7 0. Area Zoning:, R - 4 0 Previous use of property:. Residential Intended use of property:. Residential Covenants and Restrictions on property? __Yes If"Yes", please provide a copy. GENERAL DATA 78 SF x No 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 ofAppeals? __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?. x Yes __No Prior permits/approvals for site improvements: Agency Date NYS DEC 1-4738-00756/00001 07 / 1993 __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency?., x If yes, provide explanation: No Yes Project Description (usc attachments if necessary): Remove storm damaged retainin9 walls, new retaining wall. ~X;~¢ ~ and replace with Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Remove storm damaqed retainin~ walls, and replace with new retaininq Area of wetlands on lot: 0 Percent coverage of lot: o % _square feet Closest distance between nearest existing structure and upland edgeofwetlands: 6. 75 ft feet Closest distance between nearest proposed structure and upland edgeofwetlands: 12. 0 ft feet Does the project involve excavation or filling? No x Yes If yes, how much material will be excavated? 3 5 0 How much material will be filled? 2 5 0 cubic yards Depth of which material will be romoved or deposited: =/- 5 Proposed slope throughout the area of operations: Manner in which material will be removed or deposited: Earth movinq machinery brouqht cubic yards in by barqe. fe~t Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by mason of such proposed operations (use attachments if appropriate): There will be no effect to any wetlands. PROJECT ID NUMBER PART 1 - PROJECT INFORMATION J 617.20 SEQR APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by Applicant or Project Sponsor) 2. PROJECT NAME Lehnert Residence Retaining Wall Repa Coun~ Suffolk 1. APPLICANT / SPONSOR Lehnert Family Irrevocable Trust 3 PROJECT LOCATION: MuNicipality Southold 4, PRECISE LOCATION: S~eet Addess and Road Inlersecfions. Prominent landmarks etc- or provide mad 5605 Nassau Point Road, Cutchogue, N.Y. 5.'S PROPOSED ACTION: [] New [--]Expansion r'~Med[flcaUon/altei, ation DESCRIBE PROJECT BRIEFLY: Remove storm damaged retaining walls, and replace in kind. 7. AMOUNT OF LAND AFFECTED: Initially .7 9 acres Ultimately .7 9 acres B. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? r'~Yes [] No If no, desc~ibebrfefiy: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choo~e as many as apply.) ~"]Residential E]lndustfial E~Commercia, [--']Agriculture OPa[k/Fomst/OpenSpace E~other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) r~Yes r~No If yes, Iisi'agency name and permit / approval: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [--~Ye$ ~]No ff yes, Ii~1 agency name and permit / approval: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MOD,FICATION? [~]Yes r~No I CERTIFY THAT THE INFORMATIO PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Signature // J~ //~--?'"'- /// / If the action Is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT {To be'completed by Lead A~lency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL EAF. OYes 171.o WILL .~CTION RECEIVE COORDINATED REVIEW AS PROVIDED EOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. OTM [Z]No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOVVING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for emslen, drainage or flooding problems? Explain briefly: I I C2. Aesthetic, agdcuflural, archaeological, historic, or other natural or cultural resources: or community or neighborhood character? Explain bbetiy: I C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats~ or threatened or endangered species? Explain briefly: I 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 beery: ! 1 C5. Growth, subsequent development, or related activities likely to be induced by the p¢oposed action? Explain bdefly: i I C6. Longterm, shodterm, cumulative, or other effects not identified in CI-C5'~ Explainbdefly: D. WILL THE PROJECT HAVE AN ~MPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA ICEAI? tlr ~'es, explain brier)': [~] Yes r~No E. IS THERE. OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If yes explain: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identifisd above, determine whether it is substantial, large, important or othe~ise significant. Each effect should be assessed in connection with its (a) setting (i.e. uCoan or rural); (b) probability of ocourring; (c) duration; (d) irreveraibility; (e) geographic scope; end (f) magnitude. If necessary, 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 environreental characteristics of the CEA. Ched~ this box if you have Idef~ted one or mom potentially large or significant adverse Impacts which MAY occur. ~ pre~.~l dimcfly to the FUL FAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting docume~atton, that the proposed actio~ WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons suppo~ng thi determination. Board of Trustees Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency S'g~ature of Responsible Officer in Lo.~I Agency Date President [] Title of Responsible Officer Signature of Preparer (If different from responsible officer) James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (63 I) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUT}tOI_D In the Matter of the Application of LEHNERT FAMILY IRREVOCABLE TRUST COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING TO BE COMPLETED AFTER POSD>/G RE31AINS IN PLACE FOR EIGHTDAYS being duly swom, depose and say: That on the/~, day of ,20D, 1 personally poste~l the property known as by placing the Board of Trustees official poster where it can easily~e seen, and tl~at I have checked to be sure the poster has remained in place fi)r eight days prior to the date of the public hearing. Date of hearing noted thereon to be held Wednesday~ March 20~ 2013. Dated: Sworn to before me this / ~ dayof]~,~20/~ Notary Public No. 02M06181514 Quellf~e~ kl 8u#olk County NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be hel.d by the SOUTHOLD BOARD OF TRUSTEES at the Town Hall, 53095 Ma~n Road, Southold, New York, concerning this property. /-.eh,~r-I- F"~;ly OWNER(S) OF RECORD: ~evoc. oi01e:"/~o8~ SUBJECT OF PUBLIC HEARING: ~ To remove the two (2) storm clamagecl retaining walls and replace with new single retaining wall~ existing woocl clecks ('18.8'x'14.4') at bulkheacl to be rebuilt ancl replacecl in-kin~J. TIME & DATE OF PUBLIC HEARING: If youh-a~Ve ~ interest in this project, you are invited to view the Town file(s) which are available for inspectionprior to the day of the hearing during normal business days between the hours of 8 a.m and 4 p.m. BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631)765-1892 Name; PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Address: Marilyn Flynn Robert Sena Michael Reddington 2250 Little Peconic Bay Road, Cutchogue 5655 Nassau Point Road, Cutchogue 417 Ryder Road, Manhassett, NY STATE OF NEW YORK COUNTY OF SUFFOLK Robert Lehnert , residing at 6700 Aldrich Lane~ Mattituck~ NY , being duly sworn, d~poses and says that on the 6 day of March ,2013, deponent mailed a tree 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 pexsons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post cOEf~ia~iEL~iL/RETURN RE~Eia~ra.i~~ons by Swom to before me this 77'~' J-'/~/~'/f Dayof ]'?~Tr~ch~ ,20 (~ Notary Publio, State of New Yod~ No. 02MC6131514 Qualified in Suffolk County Commission F. xpires August 8, Boar~ o~ Trustees Applioation County of Suffolk State of New York Joan Lehnert 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. SWORN TO BEFORE ME THI~/~ 5atu~ fYP~iperty O~r~'''/ ,20./_.~ Board of Trustees Application AUTHORIZATION (where the applicant is not the owner) Joan Lehnert (,print owner of property) residingat 5 Kilburn Road (mailing address) Garden CitY, NY, 11530 Robert Lehnert Jr. do hereby authorize (Agent) to apply for permit(s) from the Southold Board of Town Trustees on my behalf. her's sign~-~re~ - -- Town of Southold Erosion, Sedimentation & Storm-Water Run-off ASSESSMENT FORM ;'Ri)paRTY LOCATION: e.C.T.M. #: THE FOLLOWIN(~ A~'TION$ MAY REQUIRE THE SUBMIe$10N OF A STORM-WATBR~ GRADING:, DRAINAGE AND EROSION CONTROL PLAN District ~tton Block Lot GERTIFIED BY A DESIGN PROFE8~IONAL IN THE SI'ATE OF NEW YORK. SCOPEOFWORK - PROPOSED CON~I'tiUCrlON IT. Ei~I# / WOllKA~ESS~ [ Yes No a. What ls the Total Ama of lhe project Paresla? I WillthleProJectRetalnAJlStorm-WeterRun-Off (Include Tolal Ares of all Parcels located w~in 3 4, 5 ? 0 $ F Generated by e Two (2") Inch Rainfall on Site? the Scope of Wod( for Proposed C~slmction) (This Item will include all run-off crested by site X r~ b. What is the Total Area of Land Clearing (a.F.I.~a~) clearing and/or co~struction ac§vi§es as well aa 811 and/ar Ground Disturbance for thB p~opesed '1 0 0 0 S F Site improvements and the permanent creation of construction activity? impe~icus suKacas.} (s.~,,,~.) 2 Does the Slte Plan and/or Survey Show Att Propesnd PROVIDE BIIlRF PROJECI' D~SC~I~'IION (~..l~;.mH.~,,t) DralnageStmcturaslndiesting Size&Loc, etlon?This X item shall Include all Proposed Grade Changes and Remove exis t ± n9 s t o rm damaged sk~pas Controlling Surface Water Flow. retaining walls, and replace 3 DesstheSltePlanandlorSurveydescribetheeresion r~i and sediment control practices that witl be used ~o X control site erosion and storm water discharges. This -- with new reta±ning wall. itommustbemalntslnedthreughouttheEntlre Co~struction Period. 4 w,, th~s Prole~ Require any Land Filling Grading or Excavation where there is a change to the NaturalI..I Existing Grade Involving more than 200 Cubic YardsL~ -- of Matsdal within any Parcel? 5 Will this Application Require Land Disturbing Activities Encompassing an Area in Excess of Five T~ot~saed[~[ X (5,000 S.F.) Square Feet of Ground Surface? 6 Is there a Natoml Water Course Rurmlng through the ..... Bite? Is this Project within the Trustees Judsdictiml ~eneral DEC SWPpp R. uulmme~ls: or within One Hundred (100') feet of a Wetland or Submission of · SW~pp Is required for all Co ~stotctio~ act~lhes lily. ring ~oll Beach? dlsttirbancesofone(l)ormoreacres; [il¢ludlngd~[~urbeaoesol'lessthanoneacmthe! 7 Will there be SIto preparailon on Exlsting Grnde Slopes =~e pan of a larger common ~n that will ~4U~at~y disturb 0~e or ~ ~ ct la~; which Excesd Firiesn (15) feet of Vedical Rise to indugiog Con~toJcfion ectivlUes [nv~a g soil dlsttc4oa n~es of less Ihan one (1) acm where One Hundred (100') of Hndzontel Distance?I~1 __X the DEC has be~rmlned tbel a SPDE$ pemllt is required fei'stolm 'a. at e~ dis~he rges. SWPPP's ~bell meof Ihe Mlnbel~m Requirements of the aPDa8 C-e~eral Pen~lt 8 Will Driveways. Parking Areas or cther Impervious ~r StOllll water DJsohel~eS fr -gill Censtmctkm activity · Pemla No. ~P.~.10-001.) Surfaces be Sloped to Direct Storm-Water Run-Off t. ~ SWPPP shd be prepared pd(x to the evb,TArSI of the NOI. The NOI shall be into and/or in the direction of a Tovm dght*of-w~.y? submitted Io the Oepartmeat prior fe the commer~ema~t ot' oonsm.mUon act~'l~. 2. The I~/PPP shall 6~ttbe the ems]on ar~ sadirnerll oo~to31 pmct~e$ and v~e~e 9 Will this Project Requl~e the Placement of Matsriat, required, post-con--oil stown wat~' me rm~g eft!eh/practloes that wil be use d anda3r Removal of Vngetatlon and/or Ihe Construction of any STATE OF NEW YORK, COUI~'Y OF ........................................... SS That I ....R...o...D...o...r..~....~.~..n....e_..r..[ being duly ~w6m, depo~e~ and ~ay~ that he/she ~ the applicant for Permit, And h'aat he/she i~ the A ent Owner and/or representative of thc Owner or Owners, and is duly anthori2ed to perform or have perforated the said work and to make and file this application; that all statement~ confined in this application are Irue to the beat of his knew[edge and belief; and that the work will be performed in the manner set forth in the application [fled herewith. Sworn to before me this; ~.~-~ ~'~ ............ ......... ............. FORM - 06110 NOtli/y Public, '~"l~ew Y(~ No. 02MC,6131514 Qualified in Suffolk Coun~ APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM ~ Town of Sout~ld' s Code of Ethics orohibim conflicts of interest on thc oar~ of town ~fficers and cmolovees. The out, ese of this form i~ to nrovide info6nafion which can ~lert fl~e town of oossible confllc~ of ~nteres~ ~nd allow it m ~<e whatever action is to id . YOURNAME: Robert W Lehnert (Last nsme, first name, ~aiddle initial, unless y6u are applyin~ 'hi the name of someone else or other entity, such as a company. If so, indicai~ Iba other person's or compauy's NAME OF APPLICATION: (Cback all that apply.) Tan grievance Building .~ Varlanne Trustee X Change of Zone Coastal Erosion Approval of plat Mooring ExumlXion from pla~ or official map Planning Other (lf"Other', name the activity.) Do you personally (or through your company, spouse, sibling, pwent, or child) have e relationship with any officer or umployse of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interesf? means a business, including u pertnemhJp, in which the town officer or employee has even a partial ownership of (or cmploymcot by) a conporatiou in which the town officer or employee owns mom than 5% of the shares. YES NO X If),Ou answered "YES", complele the balance of this form and date and sign where indicated. Name orpe~n employed by the Town or $oothold Title or position of that person Describe the relationship between yourscff (the applican~/agen~/repre~utative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space pro~iflefl, The town officer ur employee or his or her spouse, sibling, perun~, oi~ Child is (check all tbat apply): A) ~e o?cer of gran~er than 5% of the shares of the corporate stouk of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a ann-corpo~e entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the app§cant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS 1 Submiiled this Signature Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 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. 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 sianificant be~nefieizl and adverse effects upon the coastal area (which includes all of Southold Town). 31 If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer mnst be explained in detail~ listing both suoporting and non- suooortine facts. If un action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of thc LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Offi..~tbe Planning Department, all . local libraries and the Town Clerk's office. I1~[~1~__~ (~ E~V E B. DESCRIPTION OF SITE AND PROPOSED ACTION Il! 11 ' FEB 1 5 2013 SCTM# 111 . ~3 - z PROJECTNAME Lehnert Residence Retaining Wall ~ The Application has been submitted to (check appropriate response): TowuBoard [] Planning Board ~] BuilaingDept. [] Board ofTrnstees [] 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 tmmaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Remove ex~sting storm damaged retaining walls and replace with new retaining wall, Location of aelion: Site acreage: Present land use: 5605 Nassau Point Road, Cutchogue 0. 794 acres Residential Present zoning classification: R- 6 0 If an application for the proposed action has been flied with the Town of Southold agency, the following information shall be provided: (a) Naraeofapplicant: Lehnert Family Irrevocable Trust ~) Mailingaddress: 5 Kilburn Road, Garden City, NY, 11530 (c) Telephone number: Area Code ( ). 53_6-248-2188 (d) Application number, if any:. Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No['~ If yes, which stateor federalagency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide aH proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. FOster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure~ makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria~ [] Yes [] No [-~ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of $outhold. See LWRP Section Ill - Policies Pages 3 through 6 for evaluation criteria ~-~ Yes [] No [~ Not Applicable Attach additional sheots ifnocossary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section HI - Policies Pages 6 through ? for evaluation criteria ~'~ Yes [] No ~'~ Not Applicable Attach additional shee~s 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 AOach addilJonal sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section IH - Policies Pages 16 through 21 for evaluation criteria Yes [] No x~-]NotApplicable 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 HI - PoLicies; Pages 22 through 32 for evaluation criteria. Yes No Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section IH - Policies Pages 32 through 34 for evaluation criteria. [] Yes [] No ~-~ Not Applicable At~ach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section HI - Policies; Pages 34 through 38 for evaluation criteria. [] Yes ~'~ No ~-~ Not Applicable PUBLIC CoAsT POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section IH ~ Policies; Pages 38 through 46 for evaluation criteria. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in sui~ble locations. See LWRP Section III- Policies; Pages 47 through 56 for evaluation criteria. [] Yes ~ No ~ Not Applicable Attach additional sheets if necessa)y Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconi¢ Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes [] No ~-~ Not Applicable ' Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] No ~ Not Applicable Attach additional sheets if nceessaxy Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - policies; Pages 65 through 68 for evaluation criteria. ~-~ Yes [] No [] Not Applicable PREPARED BY Robert Lehnert TITLE Agent DATE 1- 2 5- 13 ,J ~ i ' i I I REPAIR & REPLACE ~ ,,'~X~,~, '}~ i~, ~ ~SIDENCE I ~ '} ~: },~ ! - APPROVED BY Telephone N : ~BOARD OF TRUSTEES 631-734-2011 631-734-2276 ' IOWN OF SOUIHOLD j _ ~temet: ' D~Tfi ' ~ ~ ~ ~ fl~, ~.le~e~cons~ction.com EXIST~G PLOT PLAN ~ / ~T~.~o~*~o~o~v*~.~ IN F~NGEMENTS WILL BE PROSECUTED. DATE: 2-12-13 ~ DR. BY: R W L i SC~E: AS NOTED I N O TJ2 ~ . c~: I. ELEVATION$ A~E REFERENCED T0 bI.G.V.D. 1~2~ DATUM , EXISTING ELEVATIONS ARE SHOWN tHUS: I EXISTING CONFOUR LINES ARE SHOWN THUS: ............ 20-~ rm TOP OF BULLHEAD TW - TOP OF WALl_ I , 1218 SP-1 REPAIR & REPLACE /,:~ i' ~ EXISTING RETAINING WALLS ~ ~ }~} I ¢ \, ~ I AT THE , ~, , ~ LE~RT ~ g x, x , ~SIDENCE ~ ~ ' ', ~'~2 ~ ! ~ !, .. ~ / 5605 NASSAU PO~T RO~ , -.~ x 4'_.,.,, ....... ,55 Z~ S.C.T.M. ~ 1000- 111 - 13 - 1 ~.~__ ;,, /~ ~? ~:~ REVISIONS: DATE: ~"E3 o,, I I I ~ /,~, " . [ ,,-~ / X ~ *X X; q~ ~ ~t ¢ ,.,,- --- CONSTRUCTION 631-734-2011 631-734-2276 "~ ~temet: ~.le~e~cons~ction.com SITE PLAN AND ARE *lIE PROPERTY OF .O~EVA.D PLA~ING P.C. &CALD 1"=20' DATE: 2-12-13 DR. BY: RWL SC~E: AS NOTED NOTES. c' ' - C~: 1. ELETATIOh,, ARE REFEREHCED TO H,,~.V.D. ~929 DATUM EXISTING ELEVATIONS ARE S~OWN THUS: EXi~FI~G CONTOUR LINES ARE ~HOWN THUS:-- 20 I I 1217 SP-2 33.4 X-- FOUND 34.2, 58.3X X58'9 39.0 O0~C. 54.2 't/ E, YE, TEM TO I~ 0 EXL~TING WOOD DECI(.TO 36.8 18.8' 58. 39.1 356-71' ~NE~ ~ORK PLAN~ o'-~ DIA. TOP OF DULr-J'IEAD RETAINING WALL SECTION SCALE: I/2" = ILO'' NA~V ~'AiHDI¢.¢IJN~O2 TO BE DF:ADMEN gYP. OF: ALL) INSTALL. NEW' VINYL MATEP-JAL FNEW 4" x G" CAI=' NEW 9II DIA. F'II F5 DOLTED TO WALE5 (-rYP. oP ALL) NIL=W 4" x G" WAIZ5 RETAINING WALL DETAIL SCALE: I/2" = ILO'' REPAIR & REPLACE EXISTING RETAINING WALLS AT THE LEHNERT RESIDENCE 5605 NASSAU POINT ROAD CUTCHOGUE, NY S.C.T.M. # 1000 - l l I - 13 - 1 REVISIONS: DATE: LEI-INERT CONSTRUCTION 6700 ALDRICH LA2qE 1VIATTITUCK, NY, 11952 Telephone 631-734-2011 Fa.x 631-734-2276 [ntemet: www.lehnertconstruction.eom DATE: 2-12-13 DR. BY: RWL SCALE: AS NOTED CHKD: I 1217 SP-3