The URL can be used to link to this page

Home My WebLink AboutTR-8102 MARTIN D.FINNEGAN SCOTT A.RUSSELL TOWN ATTORNEY Supervisor martin.finnegan@town.southold.ny.us 0f S0(/ry® JENNIFER ANDALORO �® l0 Town Hall Annex,54375 Route 25 ASSISTANT TOWN ATTORNEY P.O.Box 1179 jennifer.andaloro@town.southold.ny.us Southold,New York 11971-0959 LORI M.HULSE a@ Telephone(631) 765-1939 ASSISTANT TOWN ATTORNEYlrou '� Facsimile(631)765-6639 lori.hulse@town.southold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Kim Stephens May 15,2013 En-Consultants 1319 North Sea Road - Southampton, NY 11968 RE: R.C.Kopf Trust F/B/O Bradley W.Helies,Wetlands Permit No. 8102 /2 3- 3'-.2o.I Dear Ms. Stephens, I have reviewed the Declaration of Covenants draft you submitted to this office with respect to the above referenced application concerning the variable ten foot wide non turf buffer to be established and subsequently maintained along the landward edge of the bulkhead. The covenants and restrictions document must be executed and filed with the County pursuant to§275-10(K)of the Southold Town Code. Please note that a copy of this document or, in the alternative, a sworn statement attesting to the filing is to be presented to the Office of the Board of Trustees within 90 days of issuance of the permit. Regards,: ;D E C V 2 MAY l 5 2013 Lori M. se Assistant Town Attorney oasoutrfT town r of Tr ee Cc: Board of Trustees f/ �F� At EN-CONSULTANTS July 23, 2013 1 Board of Trustees Town of Southold So�thUia Tarsn P.O. Box 1179 aid Tr ste s Southold,NY 11971 Attn.: Elizabeth Cantrell Re: R.C.Konf Trust FB/O Bradley W. Helies,Wetlands Permit No. 8102 Dear Ms. Cantrell: In satisfaction of Term and Condition #8 of the captioned permit, the required Declaration of Covenant was recorded in the Office of the Suffolk County Clerk on July 23, 2013. A copy of the recorded document is enclosed for your files. Resp tfully yours, im tep e s Enclosure cc: R.C. Kopf Trust FB/O Bradley W. Helies 1319 North Sea Road I Southampton,New York 11968 p 631.283.6360 f 631.283.6136 www.enconsuitants.com environmental consulting CC# : C13-31909 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on 07/23/2013 under Liber D00012737 and Page 504 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 07/23/2013 SUFFOLK COUNTY CLERK JUDITH A.PASCALE SEAL SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 07/23/2013 Number of Pages : 4 At: 10 :27 :43 AM Receipt Number : 13-0089516 LIBER: D00012737 PAGE : 504 District: Section: Block: Lot: 1000 123 . 00 08 . 00 020 .001 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $20 . 00 NO Handling $20 . 00 NO COE $5 . 00 NO NYS SRCHG $15 .00 NO TP-584 $0 . 00 NO Notation $0 .00 NO Cert.Copies $5 . 00 NO RPT $60 .00 NO Fees Paid $125 .00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County . . ' , RECORDED Number of pages '10131 Ju*1 23 .jUDI"I-H P. PA-SCALE CLERK OF r4-Ij 2'j; L D00012737 Deed Mortgage Instrument Deed Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page Filing Fee 2,C) Mortgage Amt. 1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. or EA-52 17(County) Sub Total Spec./Add. EA-5217(State) TOT.MTG.TAX R.P.T.S.A. 6140 Dual Town Dual County Held for Appointment 99 Transfer Tax Affidavit Mansion Tax '-n Certified The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 nz family dwelling only. Sub Total YES or NO Other If NO, see appropriate tax clause on Grand Total page# of this instrument. 2531205 1000 12300 0800 020001 )01 5 Community Preservation Fund Tax Service /P LW1 A Agenc, �0'23-JUL-13 CPF Tax Due $ Verification Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land TD 1319 North Sea Road TID Southampton,NY 11968 TID Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name 8 Suffolk County Recording & Endorsement Page This page forms part ofthe attached Declaration nfCovenants made by: (SPECIFY TYPE OFINSTRUMENT) R.C.Kopf Trust The premises herein issituated in F/B/O Bradley W.Helies SUFFOLK COUNTY,NEW YORK. TO |ntheTOVVNof Southold Town of Southold |Dthe VILLAGE Board of Trustees orHAMLET nf Mattituck BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. IMPORTANT NOTICE If the document you've just recorded is your SATISFACTION OF MOR TGAGE, please be aware of the following: If a portion of your monthly mortgage payment included your property taxes, *you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property tax statements. Local property taxes are payable twice a year: on or before January 10,h and on or before May 3151. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst,N.Y. 11757 Riverhead,N.Y. 11901 (631)957-3004 (631)727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes One Independence Hill Shelter Island Town Hall Farmingville,N.Y. 11738 Shelter Island,N.Y. 11964 (631)451-9009 (631)749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton,N.Y. 11937 Smithtown,N.Y. 11787 (631)324-2770 (631)360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington,N.Y. 11743 Southampton,N.Y. 11968 (631)351-3217 (631)283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue .53095 Main Street Islip,N.Y. 11751 Southold,N.Y. 11971 (631)224-5580 (631)765-1803 Sincerely, 44-e-� a- Judith A.Pascale Suffolk County Clerk dw 2/99 12-0104..06/06kd DECLARATION OF COVENANTS THIS DECLARATION illa(Ie this _ (� day of Q�'`9 , 20]3, by R.C. Kopf Trust F/B/O Bradley W. Holies whose address is in care of Nlichael S. lnsel,Trustee; Kelley,Drye&Warren LLP, 101 Park Avenue,New York,NY 10178 hereinafter referred to as "DECLARANT": WITNESSETH : WHEREAS, DECLARANT is the owner of certain real property located at 3190 Park Avenue, Mattituck, Town of Southold, County of Suffolk, State of New York, described in the Suffolk County Tax Map as District 1000, Section 123, Block 8, Lot 20.1, which is more particularly bounded and described as setforth in Schedule "A" annexed hereto, hereinafter relerred to as the Property; WHEREAS, the Property is situated on lands within the jurisdiction of the Board of Trustees of the Town of Southold (hereinafter the"Trustees") pursuant to Chapter 275 of the Town Code of the Town Of Southold or its successor, and various activities conducted upon the property may thus be subject to the regulation and approval of the Trustees prior to being conducted; WHEREAS, the DECLARANT therefore made application to the Trustees for a permit pursuant to the Wetlands Law of the Town of Southold to undertake certain regulated activities;and WHEREAS, as a condition of the granting of a Wetlands Permit to undertake such regulated activities, the Trustees required that a ten foot wide "nonturf buffer" be established along the landward edge of the bulkhead, NOW,THEREFORE, the DECLARANT does hereby covenant and agree as follows: I) Upon the substantial completion of the aforementioned permitted activities there shall be established and subsequently maintained along the landward edge of the bulkhead on the SUN premises a ten foot wide "nonturf buffer" as defined by Chapter 275 of the Town Code; and 2) These covenants shall run with the land and shall be binding on the DECLARANT, their heirs,assigns, purchasers,or successors in interest and may be modified only upon resolution of the Board of Trustees. IN WITNESS WHEREOF,the owner has duly executed this instrument this day of �t y 2013. R.C. Kopf Trust F/B/O Bradley W.Helios chael S.Ti e1,wustee �— STATE OF )P),(1 �(f' _ ss: COUNTY OF A-29W ZIM) On the_)1,/�ilclay of \ U� in the year 2013,before me the undersigned,a Notary Public in and for said State, personally a eared Michael A. Insel,personally known to me or proved to the on the basis of satisfactory evidence to be he individual whose none is subscribed to the within instrument and acknowledged to me that Ile executed the same in his capacity,and that by his signature on the instrument, the individual or the person on belialf of which the individual acted,executed the instrument. Z:�duj— Notary Public RACHEL D.LES Notary Public,State of New fork No.01 LE4745347 Qualified in Now York County Commission Expires May 31,20152 r SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being in Hamlet of Mattituck, Southold Town, Suffolk County, State of New York, bounded and described as follows: BEGINNING at a monument located on the westerly side of Bungalow Lane(Park Avenue)distant 629.10 feet southeasterly from the intersection of the westerly side of Bungalow Lane with the southerly side of Park Avenue, as shown on a survey mad by Louis W.TI-CUman, Jr., dated 10/20/92: RUNNING THENCE in a southeasterly direction along the westerly side of Bungalow Lane south 55 degrees 42 minutes 00 seconds East, 143.31 feet to a point; RUNNING THENCE in a generally southerly direction South 11 degrees 27 minutes 00 seconds Eat, 179.40 feet to Peconic Bay; TI-IENCE in a southwesterly direction along the irregular water line of Peconic Bay South 78 degrees 12 minutes 23 seconds West. 108.83 feet to a point; THENCE in a generally northerly direction North 11 degrees 27 minutes 00 seconds West,325.00 feet to a monument abovementioLied on the westerly side of Bungalow Lane the point or place of BEGINNING. 3 James F. King, President Bob Ghosio; Ir., Vice-president : . .' . 'Dave Bcrgea .... John Bm&meyer Michael J. Domino Town Hall, 53095 Main Rd. · P.O. Box 1179 8outhbld, ~Y 11971 Telephone (631) 765-1892 Fax (631 ) 7654641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION: FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE __ Pre-construction, hay bale line lS~ ~fay of construction __ ½ constructed _.~ Project complete, compliance inspection BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 8102 DATE: MARCH 20~ 2013 ISSUED TO: R.C. KOPF TRUST F/B/O BRADLEY W. HELIES PROPERTY ADDRESS: 3190 PARK AVENUE~ MATTITUCK SCTM# 123-8-20.1 AUTHORIZATION Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on 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 construct approximately 100 linear feet of vinyl bulkhead in place of (and up to 18 inches higher than) previous timber bulkhead; construct :t:20' vinyl easterly return in place of (and up to 18 inches higher than) '12' timber return; remove and replace masonry landscape wall landward of bulkhead; remove and replace (as needed) 4' wide wood walkway landward of bulkhead; reconstruct storm damaged ±4.5'x4' wood platform and ±4.5'x9' steps to beach; and re-nourish 10' wide (and variable) storm eroded area landward of bulkhead with approximately 40 cubic yards of clean sand/loam f'dl to be re-vegetated with native vegetation and subsequently maintained as a non-turf buffer; and as depicted on the site plan prepared by Eh- Consultants, last dated February 25, 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 ns of this date. TERMS AND CONDITIONS The Permittce R.C. Kopf Trust F/B/O Bradley W. Helies, residing at 3190 Park Avenue, Mattituck, 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 fi.om 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 fight of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. The Permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Clerk's Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety (90) calendar days of issuance of this permit. That the said Board will be notified by the Permittee of the completion of the work authorized. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall Annex 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 Mr. Robert E. Herrmann En-Consultants 1319 North Sea Road Southampton, NY 11968 RE: R.C. KOPF TRUST F/BIO BRADLEY W. HEMES 3190 PARK AVENUE, MATTITUCK SCTM# 123-8-20.1 Dear Mr. Herrmann: The Board of Town Trustees took the following action dudng its regular meeting held on Wednesday, March 20, 2013 regarding the above matter: WHEREAS, En-Consultants on behalf of R.C. KOPF TRUST F/BIO BRADLEY W. HEMES 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 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, 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 R.C. KOPF TRUST F/BIO BRADLEY W. HEMES to construct approximately 100 linear feet of vinyl bulkhead in place of (and up to 18 inches higher than) previous timber bulkhead; construct +20' vinyl easterly return in place of (and up to 18 inches higher than) +12' timber return; remove and replace masonry landscape wall landward of bulkhead; remove and replace (as needed) 4' wide wood walkway landward of bulkhead; reconstruct storm damaged +4.5'x4' wood platform and +4.5'x9' steps to beach; and re- nourish 10' wide (and variable) storm eroded area landward of bulkhead with approximately 40 cubic yards of clean sand/loam fill to be re-vegetated with native vegetation and subsequently maintained as a non-turf buffer; and as depicted on the site plan prepared by En-Consultants, last dated February 25, 2013 and stamped approved on Mamh 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 I. Domino Town Hall Annex 54375 Route 25, P.O. Box 1179 Soulhold, NY 11971 Telephone (631 ) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Please be advised that your application dated Z/2-7/~/Z //.~ hasbeen reviewed by this Board at the regular meeting of /D and your application has been approved pending the completion or'the f611owing 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 Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE: $ .~,~, ~)~) BY: James F. King, President Board of Trustees 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 Derek Bossen, seconded by Jack McGreevy, it was RESOLVED to SUPPORT the Wetland Permit application of TRUST UNDER WILL OF R.C. KOPF FBO BRADLEY W. HELIES to construct approx. 100 If. of vinyl bulkhead in place of and up to 18" higher than existing storm damaged timber bulkhead; construct +/- 20' vinyl easterly return in place of and up to 18" higher than +/-12' timber return; remove and replace masonry landscape wall landward of bulkhead; remove and replace as needed 4' wide wood walkway landward of bulkhead; reconstruct storm damaged 4.5'X 4' wood platform and steps to beach; and renourish 10' wide storm eroded area landward of bulkhead with 40 cy. clean sand to be revegetated with native vegetation and maintained as a non-turf buffer. Located: 3190 Park Ave., Mattituck. SCTM#123-8-20.1 Inspected by: Derek Bossen, Jack McGreevy The CAC Supports the application with the Condition the stairs are removable, the top of the bulkhead is consistent with the neighboring bulkheads, there is a construction plan for the block wall and a 5' non-turf buffer landward of the block wall. Vote of Council: Ayes: All Motion Carried MAR 1 4 2013 Sou~hold 70w~ ]ames F King, President Bob Ghosio, Jr., Vice-Presidenl Dave Bergen John Bredemeyer Michael J. Domino PO Box 1179 Southold, NY 11971 Telephone{631 765-1892 Fax(631)765-6641 Date/Time: Southold Town Board of Trustees Field Inspection/VVorksession Report En-Consultants on behalf of R.C. KOPF TRUST, F/BIO BRADLEY W. HELIES requests a Wetland Permit to construct approximately 100 linear feet of vinyl bulkhead in place of (and up to 18 inches higher than) existing storm damaged (Hurricane Sandy) timber bulkhead; construct _+20' vinyl easterly return in place of (and up to 18 inches higher than) _+12' timber return; remove and replace masonry landscape wall landward of bulkhead; remove and replace (as needed) 4' wide wood walkway landward of bulkhead; reconstruct storm damaged +4.5'x4' wood platform and +4.5'x9' steps to beach; and re-nourish 10' wide (and variable) storm eroded area landward of bulkhead with approximately 40 cubic yards of clean sand/loam fill to be re-vegetated with native vegetation and subsequently maintained as a non-turf buffer. Located: 3190 Park Avenue, Mattituck. SCTM# 123-8-20.1 .~SSa of area to be impacted: Itwater Wetland Freshwater Wetland __Sound Bay Distance of proposed work to edge of wetland PPa,,d,-of Town Code proposed work falls under: 'Cha pt.275 Chapt. 111 other Type of Application: Wetland __Administrative__Emergency Coastal Erosion Amendment Pre-Submission __Violation Info needed: Modifications: Conditions: Prese/rCWere: ~J. K i~M~c~h aB~ iGDhoOmS liOn o/ ,,,-d B red em~y'~ __ D. Bergen, D. Dzenkowski other Form filled ou:n thg field,by Mailed/Faxed to: Date: US iF UNDER WILL OF R.C. KOPF FBO .~ADLEY W.. HELIES, 3190 PARK AVENUE~ MATTITUCK Figure [~ LooMttg ttortheast at stortn d~maged (Hurricane Sandy) bulkhead to be replaced with vinyl bulkhead (up to 18"higher). FTgure 2. Lookittg northwest at storm damaged (Hurricane Sandy) bulkhead to be replaced with vinyl bulkhead (up to 18" higheO. TRUST UNDER WILL OF R.C. KOPF FBO BRADLEY W, HEL~,ES, 3190 PARK AVENUE, MATTITUCK Figure 3. Looking east over storm eroded area landward of bulkhead to be renourished and revegetated and at masonr[, lan~cape wa# landward of bulkhead to be return,ed and replacetL Figttre 4. Looking we,~t over storm eroded area landward of bulkhead to be renourished and revegetated and at masonry land,~cape wall landward of bulkhead to be removed and replaced. ~ RI ST UNDER WILL OF R.Co KOPF FBO BRADLEY W. HELIES~ 3190 PARK AVENUE~ MATTITUCK Figure 5. Looking .,est at existhtg easterly ±12' return to be removed and replaced with +_20' ~,inyl return (up to 18" higher). Fignre 6. Aerial view t~'subject property and bulghead prior to Httrric'ane Sandy. Photu by Microsqfl E¥~rporation. N OFFICE LOCATION: Town Hail 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 18 2013 $outho~-'~ow. J Date: March 18, 2013 Re: Proposed Wetland Permit for R.C. KOPF TRUST, F/BIO BRADLEY W. HELIES SCTM#1000-123-8-20.1 En-Consultants on behalf of R.C. KOPF TRUST, F/BIO BRADLEY W. HEMES requests a Wetland Permit to construct approximately 100 linear feet of vinyl bulkhead in place of (and up to 18 inches higher than) existing storm damaged (Hurricane Sandy) timber bulkhead; construct +20' vinyl easterly return in place of (and up to 18 inches higher than) +12' timber return; remove and replace masonry landscape wall landward of bulkhead; remove and replace (as needed) 4' wide wood walkway landward of bulkhead; reconstruct storm damaged +4.5'x4' wood platform and +4.5'x9' steps to beach; and nourish 10' wide (and variable) storm eroded area landward of bulkhead with approximately 40 cubic yards of clean sand/loam fill to be re-vegetated with native vegetation and subsequently maintained as a non-turf buffer. Located: 3190 Park Avenue, Mattituck. SCTM# 123-8-20.1 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only Coastal Erosion Permit Application ~-Wetland Permit Application __ Administrative Permit AmendmentfYrans feflEx, tension ~_Received Applicatlon:~ ~___Completed Application t __Incomplete __SEQRA Classification: Type 1 Type 11 Unlisted Coordination: (date sent)_ LWRP Consistency As~iessment Form , :~,]t fl 2, CAC Referral Sent: t~ / / ' ¥ Date of Inspection: /,fl//3//'-~ __Receipt of CAC Report:_/ / __Lead Agency Determination: ~Technical Review: __~.._Public Hearing Held: -~/2C.)//:~ Resolution: / / 2013 Name of Applicant Trust Under Will ofR.C. KopfFBO Bradley W. Helies c/o Michael S. Insel, Trustee; Kelley, Drye & Warren LLP Address 101 Park Avenue, New York, NY 10178 Phone Number: (212} 600-0660 Suffolk County Tax Map Number: 1000 - 123-8-20.1 Property Location: 3190 Park Avenue, Mattimck (provide LILCO Pole #, distance to cross streets, and location) AGENT: Eh-Consultants (If applicable) Address: 1319 North Sea Road, Southampton, NY 11968 Phone: 631-283-6360 Board of Trustees Applict Land Area (in square feet): 25,220 Area Zoning: Previous use of property: Intended use of property: R-40 GENERAL DATA Residential, one-family dwelling. No change. Covenants and Restrictions: Yes X No If "Yes", please provide copy. Does this project require a variance from the Zoning Board of Appeals __ Yes X No If "Yes", please provide copy of decision. Will this project require any demolition as per Town Code or as determined by Building Dept. Yes X No Does the structure(s) on property have a valid Certificate of Occupancy __ Yes __ No Prior permits/approvals for site improvements: Agency Date July 23, 2008 Southold Trustees #6925 __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: Project Description (use attachments if necessary): Construct approximately 100 linear feet of vinyl bulkhead in place of(and up to 18" higher than) existing storm damaged (Hurricane Sandy) timber bulkhead; construct +/-20' vinyl easterly return in place of (and up to 18" higher than) +/-12' timber return; remove and replace masonry landscape wall landward of bulkhead; remove and replace (as needed) 4' wide wood walkway landward of bulkhead; reconstruct storm damaged +/-4.5' x 4' wood platform and +/4.5' x 9' steps to beach; and renourish 10' wide (and var.) storm eroded area landward of bulkhead with approximately 40 cubic yards of clean sand/loam fill to be revegetated with native vegetation and maintained as nonturf buffer, all as depicted on the project plan prepared by En-Consultants, dated February 25, 2013. of Trustees ApplicatiO WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: To replace and maintain an existing storm damaged bulkhead and restore the storm eroded areas landward of the bulkhead. Area of wetlands on lot: 0 square feet Percent coverage of lot: 0 % Closest distance between nearest existing structure and upland edge of wetlands: N/A feet Closest distance between nearest proposed structure and upland edge of wetlands: N/A feet Does the project involve excavation or filling? No X Yes If yes, how much material will be excavated? N/A cubic yards How much material will be filled? +/-40 cubic yards Depth of which material will be removed or deposited: N/A feet Proposed slope throughout the area of operations: N/A Manner in which material will be removed or deposited: Approximately 40 cubic yards of clean sand/loam will be dumped and graded behind bulkhead as backfill and to restore storm eroded areas. Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): The project seeks to replace an existing timber bulkhead damaged during Hurricane Sandy with a vinyl bulkhead in the same location and up to 18" higher to maintain the property's historical method of shoreline stabilization and to provide a reasonable increase in protection for the upland propetW and existing residence against flooding caused by storm surge. Other than the ecological benefits of replacing a treated timber bulkhead with untreated vinyl sheathing and restoring and maintaining the vegetated nonturf buffer landward of the bulkhead, the project will effectively maintain the historically preexisting site conditions without any change in or significant adverse impact on the adjacent unvegetated wetland area or tidal waters of the Town. PROJECT ID NUMBER PART 1- PROJECT INFORMATION 21/'us~Pl~InC~o~..~. Kopf FBO Bradley W. Helies by En-Consultants 3. PROIECT LOCATION: Municipality Mattituck 4. PRECISE LOCATION: Street Address and Road Intersectiorcs. Frominent landmarks etc - or provide map 3190 Park Avenue, Mattituck, Town of Southold, SCTM #1000-123-8-20.1 5. IS PROPOSED ACTION: [~ New ~Expansion ~Modification/aiteration 6. DESCRIBE PROJECT BRIEFLY: 617.20 APPENDIX C STATE ENVIRO~AL QUALITY REV1EW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by A ~licant or Project Sponsor) 2. PROJECT NAME County Suffolk SEQR Construct approximately 100 linear feet of vinyl bulkhead in place of (and up to 18" higher than) existing storm damaged (Hurricane Sandy) timber bulkhead; construct +/-20' vinyl easterly return in place of (and up to 18" higher than) +/-12' timber return; remove and replace masonry landscape wall landward of bulkhead; remove and replace (as needed) 4' wide wood walkway landward of bulkhead; reconstruct storm damaged +/-4.5' x 4' wood platform and +/-4.5' x 9' steps to beach; and renourish 10' wide (and var.) storm eroded area landward of bulkhead with approximately 40 cubic yards of clean sand/loam fil to be revegetated with native vegetation and maintained as nonturf buffer, all as depicted on the project plan prepared by Eh-Consultants, dated February 25, 2013. 7. AMOUNT OF LAND AFFECTED: initially +/-0.58 acres Ultimately +/-0.58 acres 8. WILL PROPOSED ACTION COMPLY WITH EX]STING ZONING OR OTHER RESTRICTIONS? ~JYes [] No If no, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) r~Yes [~ No If yes, list agency name and permit / approval: NYS DEC Hurricane Sandy Emergency General Permit US ACE Nationwide General Permit #3 11. DOES ANY ASPECT OF THE ACTION HAVE A CLVRRENTLY VALID PERIvl/T OR APPROVAL? [~Yes r~ No If list name and permit / approval: yes, agency I~S A R~jdLT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? I CERTIFY THaT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE AppLicant / Sponsor Name~obert E. Herrmann, Coastal Management Specialist Signature Date: February 25, 2013 If the action is a Coastal Area, and you are a state agency, compIete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL FAF. I--I V.es [Z]"o S. WILL ,~CTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration roay be supemeded by anathe¢ involved agency. r']Yes [~]No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers roay be handwritten, if legl~la) C1. 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. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain b~lefiy: I C3. Vegetation or fauna, fish, she llsh or wild fe species, significant habitats, or threatened or eodangered species? Explain'briefly I C4. A community's existing plans or goals as officially adopted, or a change in use or inte~sily of use of land or other natural resoumes? Explain briefly: C5. Growth, subsequent development, or related activities likely Io be induced by the preposod action? ExPl'~i~'l~efiy: I I C6. Long mrm,'short term, cumulative, or other effects ~'t"i~l'entified in C1-C57 Explain bdellyi I C7. Other impacts lincludin~l chanties in use of either cluanflt¥ or t;/F)e of ene~l~'? Explain bdefly: · / D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA ICEA~? (If yes, explain briefly'; ~]Yes r~No E. IS THERE, OR IS THERE LIKELY TO BE~ CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If ~es explain: [--]Yes [~]No PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse elfect identified above, determine whether it is substantial, large, important or otherwise signif~,,anL Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibllity; (e) geographic scope; and (f) magnitude. If nscessa~, 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 port ii was checked yes, the determination of significance must evaluate the potentialimpact of the proposed action on the environmental characteristics of the CEA. Check this box if yo~ have Mentified oae or mom poter~fally lalge or sigififica~l adveree Irepacts wflk~l I~AY occur. Then proceed direc~y to the FULl EAF and/or prepare a positive declaration. Check this box if you have datelmlnnd, based on ~e infoematice and analysis above and any aupfx~ng documentation, that the proposed acticr WILL NOT result in eny significant adverse environmental iropacts AND provide, on attachments as necessa~, the reasons supporting thi~ determination. Board of Trustees Name of Lead Agency Print or Type Naroe of Responsible Officer ~n Lead Agency S~ o~tRe~sl~ onslblec~O~cer ,~L~ Date President [] Title of Responsible Officer Signature of Preparer (If different from responsible officer) [)a~ c BcrBcn John Ih cdcmc) cr Michael J. Domino hllln llall. 53095 Mahl Rd P().Box 1179 I clcphonc (631) 765-1892 Fax (631 ) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of R.C. KOPF TRUST F/B/O BRADLEY W. HELIES COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING TO BE COMPLETED AFTER POSTING REMA INS I/V PLA CE FOR EIGHT DA Y$ 1. Robert E. Herrmann 1319 North Sea Road, Southampton, NY 11968 En-Consultants being dnly sworn, depose and say: That on the 12ttlay of March ,2013. I personally posted the property known as 3190 Park Avenue, Mattituck, NY - fiC~#1000-123-8-20_1 by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place tbr eight days ~nor to the date of the public hearing. Date of hearing noted thereon to be held Wednesda% Ma eh 20~ 2013. Dated: (signatm Sworn to bCbre me this ,.~ day of ~20L~ NOTARY STATE OF NE~ COMMISSION NO, 5015931 OUALIFIEO IN SUFEOL~ COUNTY EXPIRES A~6UST Name: Donna & James Bendowski Michelle & Christopher Ross Ronald Massab Address: 3060 Park Avenue Mattituck, NY 11952 10 Rangeley Ridge Winchester, MA 01890 P.O. Box 655 Laurel, NY 11948 Paul Carey & Ann Cassidy Evelyn & Thomas Bass, Jr. 125 Patience Place Mooresville, NC 28117 17 Buckeye Road Glen Cove, NY 11542 STATE OF NEW YORK COUNTY OF SUFFOLK Robert E. Herrmann doing business at En-Consultants 1319 North Sea Road Southampton, NY 11968 , being duly sworn, deposes and says that on the 5th day of March ,20 13 ~, deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Southampton , that said Notices were M~ailed to each of said persons by (ce r t iff e d ) ¢'~i~4'~) mail. Sworn to before me this day_of. ,2o ti/ ~ -- Notfi~blic 5th tim H, STEPHENS NOIARY PUBLIC STATE OF NEW YflRK COMMISSION NB. BB~SB31 OUALIFIED IN SUFFOLN COUNTY~ EXPIRES AUGUST 2, 20Z~ Donna & James Bendowski 3060 Park Avenue Matt/tuck, NY 11952 Postage $ Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Sent: Ronald Massab ~ir~ P.O. Box 655 o,P~ Laurel, NY 11948 Postmark Here $ Paul Carey & Arm Cassidy 125 Patience Place Mooresville, NC 28117 Postage i $ Certified Fee Return Receipt Fee (Endorsement Required) Evelyn & Thomas Bass, Ir. 17 Buckeye Rd. Glen Cove, NY 11542 Postmark Here Postage CeriJfied Fee :~t?~;~ 10 Rangeley Ridge o~PO Winchester, MA 01890 NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: SCTM# 1000-123-8-20.1 Trust Under Will ofR.C. KopfFBO Bradley W. Helias YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Consa'uct approximately 100 linear feet of vinyl bulkhead in place of(and up to 18" higher than) existing storm damaged (Hurricane Sandy) timber bulkhead; construct +/-20' vinyl easterly return in place of(and up to 18" higher than) +/-12' timber return; remove and replace masonry landscape wall landward of bulkhead; remove and replace (as needed) 4' wide wood walkway landward of bulkhead; reconstruct storm damaged +/4-.5' x 4' wood platform and +/-4.5' x 9' steps to beach; and renourish 10' wide (and var.) storm eroded area landward of bulkhead with approximately 40 cubic yards of clean sand/loam fill to be revegetated with native vegetation and maintained as nonturf buffer, all as depicted on the project plan prepared by Eh-Consultants, dated February 25, 2013. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 3190 Park Avenue, Mattimck 3. That the project which is subject to Environmental Review under Chapters 96,111 and/or 275 of the Town Code is open to public comment on: DATE: March 20, 2013 ~ 6:00 P.M. You may contact the Trustees Office at 765-1892 or in writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. PROPERTY OWNERS NAME: MAILING ADDRESS: PHONE#: Trust Under Will ofR.C. Kopf FBO Bradley W. Helies c/o Michael S. Insel, Trustee; Kelley, Drye & Warren LLP 101 Park Avenue, New York, NY 10178 212-600-0660 AGENT: En-Consultants MAILING ADDRESS: 1319 North Sea Road, Southampton, NY 11968 PHONE #: 631-283-6360 Enc: Copy of sketch or plan showing proposal for your convenience. 4' WOOD WALKWAY TO BE AND REPLACED AS DRIVEWAY 1" = 40' EX. MASONRY LANDSCAPE WALL TO BE REMOVED AND REPLACED PROP. _.+20' VINYL RETURN TO BE CONSTRUCTED IN PLACE OF (AND UP TO HIGHER THAN) EX. --+12' TIMBER RETURN EX. STORM DAMAGED 4.5' WiDE PLATFORM & STAIRS TO BE RECONSTRUCT PROP. ~100 L.F. OF ~NYL BULKHEAD TO BE CONSTRUCTED IN PLACE OF (AND UP TO 18" HIGHER THAN) EX. STORM DAMAGED TIMBER BULKHEAD platONiC PI~OPO5~P IN-PLACI'~ I~J°L. ACI~MI~N1' OF 5foRM PAM,~I~P 13LLICHCAP FOR 1't~51' UN~R WILL OF IL C, KOPt¢ Fl30 [W..,N2LISY W, ~LII55 ON ~I~AI' PIbCONIC 13AY, MA1'1'I11JCK, 5LJFPOL. K CO,, NY 5HI?.Eil' I OF 2 2/2~/I~ 5~CTIOi',I ~RL.I PRQPOSUg [~A~ ~PL-~U~NT * 70' (var) PROP VlN'ft BUtlg~AO IN ?L~E Of (hNg 12" * 16' PIL~5 PROI::'O~P IN-PL~B I~.FLACI~MIf-NT OF STORM PAMAd~P BLI. KHBAD POI~ 1'1~19T LINPBR WILL OP I~LBY W, H~LIB9 ON ~il~^f PP-CONIC IMY, MATTITLICk .qJPPOI. I(. C0,, NY SkiP. BT 2 OP 2 2/2.S/ 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. OWNER(S) OF RECORD: F/ /O To construct approximately 100 linear feet of vinyl bulkhead in place of (and up to 18 inches higher than) existing storm SUBJECT OF PUBLIC HEARING: damaged (Hurricane Sandy) timber bulkhead; construct +20' vinyl easterly return in place of (and up to 18 inches higher than) _+12' timber return; remove and replace masonry landscape wall landward of bulkhead; remove and replace (as needed) 4' wide wood walkway landward of bulkhead; reconstruct storm damaged +4.5'x4' wood platform and +4.5'x9' steps to beach; and re-nourish 10' wide (and variable) storm eroded area landward of bulkhead with approximately 40 cubic yards of clean sand/loam fill to be re-vegetated with native vegetation and subsequently maintained as a non-tuff buffer. TIME & DATE OF PUBLIC HEARING: If you have an interest in this project, you are invited to vi.ew the Town file(s) whi.ch are available for inspection prior 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 Board of Trustees Application AUTHORIZATION (where the applicant is not the owner) I, /Q~?,/~ ~,~--~q~'~ T-W~-ScL~:esidingat ,~//]/_~ ~, (print 6wner of prope~) ~ ' / ~ (mmhng address) /JI ~ ~ / ~ /~/~ ~ do he.by authorize (Agent) ~ - ~/~ to apply for ~it(s) from the Southold Board of Town Trustees on my behalf. ~/~er's si~t(at urn) Board of Trustees A~plication County of Suffolk State of New York //)'~,~dZ~ ~, ..~/7<~1, 7-/'L~:~.Z-~-. BEING DULY SWORN DEPOSES AND AFFIRMS mAT HE/~O~E- IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS~NOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE 1N 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 THIS '~bP~ DAY OF~--~C'a~"~/~,20/--~ Notary Public RACHEL O. ~ ~ Public., Stat~ of N~w No. 01LE4748~47 Qualified in New Yo~ ~ Commi~ion Expiree May 31, 2~t~ APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics orohibits conflicts of interest on the 9art of town office~s and emolovees. The vuroosc of this form is to provide information which can alert the town of oossible conflicts of interest and allow it to take whatever action is necessary to avoid same, VO R A m: (Last name, first came, middle initla~, unless you arc apply'nc 'n the name of someone else or other eetily, such as a company, lfso, indicate the other person's or cempany's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee ~' Change of Zone Coastal Erosion Approval of plat Mooring Exemption f~om plat or official map Planning Other (If "Other", nmn~ the aetiviiy.) Do you personally (or through your company, spouse, sibling, paint, or child) have a relationship with any officer or employee of the Town of $oethold? "Relationship" includes by blood, marriage, or bu.~leg$ interest "B~siness inter~st" means a busir~ss, 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 moro than 5% of the sha~s. YES NO v'"'/ If you answered "YES", complete the balance of this form and date and sign where indicated. Nang of person employed by tho Town of $outhold Title or position of that Igrson Describe the relationship between yourself (the applicant/ageet/represemative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in tl~ spa~ provided. The town officer or employee or his or her spouse, sibling, parent, or child is (cheek all that apply): __.A) the owner of greater than 5% of the shares of the c. orporet~ sl~k of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any inter~st in a non-corporate enti~ (when the applicant is not a corporation); C) an officer, director, parmor, or employee of the applicant; or __.D) the actual applieam. DESCRIPTION OF RELATIONSHIP Form TS I Town of Southold A. LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus~ each answer must be explained in detail~ listing both supporting and non- suooortin~, facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. SCTM# 123 8 - 20.1 PROJECT NAME Trust Under Will ofR.C. KopfFBOBradleyW. Helies A copy of the LWRP is available in the following places: onl[~l~ (southoldtown.northfork.net), the Board of Trustees Office, libraries and the Town Clerk's office. DESCRIPTION OF SITE AND PROPOSED ACTION .'bsite The Application has been submitted to (check appropriate response): TownBoard [--] Planning Board[--] Building Dept. [--] BoardofTrustees[~ Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Construct approximately 100 linear feet of vinyl bulkhead in place of (and up to 18" higher than) existing storm damaged (Hunicane Sandy) timber bulkhead; construct +/-20' vinyl easterly return in place of (and up to 18" higher than) +/- 12' thnber return; remove and replace masonry landscape wall landward of bulkhead; remove and replace (as needed) 4' wide wood walkway landward of bulkhead; reconstruct storm damaged +/-4.5' x 4' wood platform and +/-4.5' x 9' steps to beach; and renourish 10' wide (and var.) storm eroded area landward of bulkhead with approximately 40 cubic yards of clean sand/loam fill to be revegetated with native vegetation and maintained as nonturf buffer, all as depicted on the project plan prepared by Eh-Consultants, dated February 25, 2013. Location of action: 3190 Park Avenue, Manituck Site acreage: 25,220 s.f. Present land use: Residential, one-family dwelling Present zoning classification: R-40 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Trust Under Will ofR.C. Kopf FBO Bradley W. Helies (b) Mailing address: c/o Michael S. Insel, Trustee; Kelley, Drye & Warren LLP 101 Park Avenue, New York, NY 10178 (c) Telephone number: Area Code 631-298-3256 (d) Application number, if any:_ Will the action be directly undertaken, require funding, or approval by a state or federal agency? NYS DEC Hurricane Sandy Emergency General Permit Yes [lq No I I If yes, which state or federal agency? us ACE Nationwide General Permit #3 C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide ali proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ~Yes ~ No ~ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [-~ Yes ~ No ~ Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ~] Yes ~] No [~ Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ~ Yes ~ No ~-] Not Applicable The project seeks to replace an existing timber bulkhead damaged during Hurricane Sandy with a vinyl bulkhead in the same location and up to 18" ttigher to maintain the property's historical method of shoreline stabilization and to provide a reasonable increase in protection for the upland property and existing residence against erosion and flooding caused by storm surge. The existing, developed site has been improved with and supported and protected from flooding and erosion by a bulkhead since prior to 1997, and there is no viable non-strnctural alternative means of maintaining and protecting the upland portion of the proper~ in its current location. Without replacement and maintenance of the bulkhead the subject and adjacent properties would be exposed to severe erosion, flooding, and damage to the residential structures located thereon. Therefore the project is consistent with Policy 4. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [~ Yes [~ No [~ Not Applicable The project is consistent with Policy 5 to the extent that the previously existing treated timber bulkhead will be replaced with a bulkhead conshmcted with vinyl sheathing. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes ~] No ~] Not Applicable Other than the ecological benefit of repl a treated timber bulkhead with untreated athing and restoring and maintaining the vegetated nonturf buffer landward of the bulkhead, the project will effectively maintain the historically preexisting site conditions without any change in or significant adverse impact on the adjacent unvegetated wetland area or tidal waters of the Town. Therefore, to the extent Policy 6 is applicable to the project, the proposed work is consistent with the policy. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ~ Yes ~ No~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~ Yes ~ No ~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes ~No~ Not Applicable Insofar as Policy 9 can be applied to the current project, the project is consistent with Policy 9 because the proposed replacement of the existing structure will in no way impede or preclude public access along the adjacent shoreline. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's w~r-dependent uses and promote sit'of new water-dependent uses in suitable locations. See LWRP Section III - Pohcles, Pages 47 through 56 for evaluation criteria. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peeonie 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 necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ~] Yes ~] No [~ Not Applicable PREPARED BY Robert ~ann TITLEcoastal Management Specialist DATE 2/25/13 Amended on 8/1/05 '--A/ EN-CONSULTANTS February 25, 2013 Town of Southold Board of Trustees 54375 Main Road Post Office Box 1179 Southold, New York 11971 Re: Trust Under Will of R.C. Kopf FBO Bradley W. Helies 3190 Park Avenue, Mattituck SCTM #1000-123-8-20.1 Dear Board of Trustees: In regard to the above referenced property, enclosed are the following for the Board of Trustees review: Three (3) Wetland Permit Applications including: a) Short Environmental Assessment Form; b) Authorization & Disclosure Forms; c) project plans prepared by Eh-Consultants dated 2/25/13; and d) survey. One ( 1 ) set of site photographs. Application fee of $250.00 wetlands. (waived) Three (3) LWRP Consistency Assessment Forms including: a) project plan. 1 trust this information shall allow you to process our permit request. Should any additional information be required, please do not hesitate to contact our office. RobenVE. Herrmann ~ Coastal Management Specialist /khs Enc. 1319 North Sea Road I Soulhamptor~ New York 11968 ! p 6312836360 I f 6312836136 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 ~onstmction, that in the sole discretion of the Board of Trustees, are determined to be related to Superstorm Sandy, until April 1, 2013. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED {UNANIMOUS] MOVER: Jill Doherty, Scott Russell SECONDER: William Ruland, Councilman AYES: Dinizio Jr, Rutand, Doherty, Talbot, Evans, Russell 4' WOOD WALKWAY TO BE REMOVE AND REPLACED AS NEEDED. APPROVED BOARD OF TOWN OF SOUTHOI DATE DRIVEWAY EX. MASONRY LANDSCAPE WALL TO BE REMOVED AND REPLACED PROP. +20' VINYL RETURN TO BE CONSTRUCTED IN PLACE OF (AND UP TO ,18" HIGHER THAN) EX. __+12' TIMBER RETURN EX. STORM DAMAGED 4.5' WIDE PLATFORM &: STAIRS TO BE RECONSTRUCTED ECE VE FEB 2 7 2013 PROP. +100 L.F. OF VINYL BULKHEAD TO BE CONSTRUCTED IN PLACE OF (AND UP TO 18" HIGHER THAN) EX. STORM DAMAGED TIMBER BULKHEAD ?ECON1C PROPO~P IN-PL,~:I~ RP. PLACP. iW. Nf OP 5fOI~M PA/VV~I~ I:~LI.I~I~AP FOR fHP- fRIJSf LINPP. I~ WILL OP R, C, KOPP PBO I~P-.APL~Y W, ~LII~5 ON ~1~^1' PI~CONIC I~AY,/V~,I'qfLICK, .qJPPOLK 60,. NY ~11~1~1' I OP 2 2/22/19 S~CTIQN I'I-IRU PROPOSal2 PULKHBA;2 RBFLACBMBNT ?RQPO~I2 IN-F'LACP. I~P!..ACBMB~ OF 5TO~M 12~12 I~ULKHB,N2 FOR 1~ 11qJSf UN~I~ WILL OF ~, C, KOF'P Pl~O I~BY W, HBLIB5 ON ~il~Al' F'BCONIC I~AY, MAITI11Z::K, 5LIpPOLK C0,, NY 5H1~1~1' 2 OF 2 2/22/I-~ TITLE NO. 11-7406-25503-SUFF NOTE: Dimension held as per recoraC~. survey of property done by Louis P~ TreumanJr. on Oct. 20, 1992 and resurveyed July 26~ 2001 MONUMENT FOUND ON LINE [ TITLE SURVEM UTILITY POLE FIRE HYDRANT DIST.: 1000 SEC.: 123 BLOCK: 8 LOT: 20.1 TOTAL LOT AREA: SQ. FT: 25,220.09 ACRES: 0.5790 GRASS BLOCK CURB (TYPICAL) GRAVEL DRIVEWAY WATER SUBJECT PREMISES KNOWN AS: LOT #26 ON THE PLAN OF "MARRATOOKA PARK" FILED MAP #19, FILED MAY 17, 1914. NOTE: SEE ALSO CERTIFICATE OF ABANDONMENT ff-47, FILED JAN. 8, 1936 (LIBER I PAGE 108) D4 THE OFFICE OF TiIE CLERK OF SUFFOLK COUNTY, NY ECEIVE FEB 2 7 2013 Southold Town B~rd of Trustees 0 0 ,,~OO D~C~ THIS SURVEY IS CERTIFIED TO: 1. 2. BULKHEAD RETURN UPDATED 12/13/12 FS5 SCALE: I" = 30' [ SURVEYED:NOVEMBER14,20111 SURVEY OF PROPERTY SITUATED IN: 3190 PARK AVENUE MATTITUCK COUNTY OF SUFFOLK STATE OF NEW YORK UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY GUARANTEES INDICATED HEREON SHALL RUN ONLy TO THE PERSON FOR WHOM THE SURVEY IS PREPAKED AND ON HIS BEHALF TO THE TITLE COMPAN~ GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON AND TO THE ASSIGNEES OF THE LENDING INSTITUTION. GUARANTEES ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT FEHRINGER SURVEYING, P. C. ROBERT FEHRINGER LICENSED LAND SURVEYOR 2200 JACKSON AVENUE SEAFORD, N.Y. 11783 (516) 763 - 5515 FAX NO. (516) 763 - 5525