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HomeMy WebLinkAboutTR-8167lames F. King, Presideat Bqto Ghosio; Ir., Vico-Pr~ideat . ·Dave Bergea '. - $0~ B~y~ Michael I. ~mino BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD · Town Hall, 53095 Main Rd. · ' P.O.'Box 1t79 Telephone (631) 765-1892 Fax (63 l) 765-664 ! 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 ~lay of construction ~ constructed Project complete, compliance inspection BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 8167 DATE: MAY 15~ 2013 ISSUED TO: JAMES & KATHLEEN NEEFUS PROPERTY ADDRESS: 3680 PARADISE POINT ROAD~ SOUTHOLD SCTM# 81-3-15.2 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 May 15, 2013, and in consideration of application fee in the sum of $250.00 paid by En-Consultants or authorized waiver of Town Board and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to construct approximately 219 linear feet of vinyl bulkhead in- place of and approximately 6" higher than existing timber bulkhead and construct ~-12' northeasterly return if needed; reconstruct 4'x+20' stairway and landings down embankment and construct 4'x8' steps to beach in-place of existing steps; repair existing 18'x18' cabana; repair/replace existing +9'x16' deck as needed; and re-nourish storm eroded embankment with approximately 350 cubic yards of clean sand/loam fill to be replanted with native vegetation and maintained as a 15'-20' wide non-turf buffer adjacent to bulkhead, and as depicted on the site plan prepared by En-Consultants, last dated April 18, 2013, and stamped approved on May 15, 2013. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. TERMS AND CONDITIONS The Permittee James & Kathleen Neefus, residing at 3680 Paradise Point Road, Southold, New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and Iow 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 oftbe 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 May 15, 2013 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Robert E. Herrmann En-Consultants 1319 North Sea Road Southampton, NY 11968 RE: JAMES & KATHLEEN NEEFUS 3680 PARADISE POINT ROAD, SOUTHOLD SCTM# 81-3-15,2 Dear Mr. Herrmann: The Board of Town Trustees took the following action during its regular meetings held on Wednesday, May 15, 2013 regarding the above matter: WHEREAS, En-Consultants on behalf of JAMES & KATHLEEN NEEFUS 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 April 23, 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 construct approximately 219 linear feet of vinyl bulkhead in-place of and approximately 6" higher than existing timber bulkhead and construct +12' northeasterly return if needed; construct 4'x8' steps to beach in-place of existing steps; and re-nourish storm eroded embankment with approximately 350 cubic yards of clean sand/loam fill to be rePlanted with native vegetation and maintained as a 15'-20' wide non-turf buffer adjacent to bulkhead was found to be Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, the LWRP Coordinator recommended that the proposed application to reconstruct 4'x+20' stairway and landings down embankment and repair existing 18'x18' cabana; and repair/replace existing +9'x16' deck as needed was found to be Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policy 6.3 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: the issuance of a permit on structures, and WHEREAS, Public Hearings were held by the Town Trustees with respect to said application on May 15, 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 approve the application of JAMES & KATHLEEN NEEFUS to construct approximately 219 linear feet of vinyl bulkhead in- place of and approximately 6" higher than existing timber bulkhead and construct +12' northeasterly return if needed; reconstruct 4'x+20' stairway and landings down embankment and construct 4'x8' steps to beach in-place of existing steps; repair existing 18'x18' cabana; repair/replace existing +9'x16' deck as needed; and re-nourish storm eroded embankment with approximately 350 cubic yards of clean sand/loam fill to be replanted with native vegetation and maintained as a 15'-20' wide non-turf buffer adjacent to bulkhead, and as depicted on the site plan prepared by En-Consultants, last dated April 18, 2013, and stamped approved on May 15, 2013. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $ 0,00 James F. King President, Board of Trustees JFK/amn Peter Young, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (63 I) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., May 8, 2013 the following recommendation was made: JAMES & KATHLEEN NEEFUS to construct approx. 219 If. of vinyl bulkhead in place of approx. 6" higher than existing storm damaged timber bulkhead and construct +/-12' northeasterly return if needed; reconstruct storm damaged 4'X 20' stairway and landings down embankment and construct 4'X 8' steps to beach in place of storm destroyed steps; repair existing cabana and repair/replace +/-9'X 16' deck as needed; and renourish storm eroded embankment with approx. 350 cy. of clean sand/loam to be replanted with native vegetation and maintained as a 15' to 20' wide non-turf buffer adjacent to the bulkhead. Located: 3680 Paradise Point Rd., Southold. SCTM#81-3-15.2 SUPPORT- recommend that bulkhead should be no higher than adjoining bulkheads. Staircase should be removable/retractable. Proposed by John Stein, seconded by Doug Hardy. All in favor .lames F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino P.O. Box 1179 Southold, NY 11971 Telephone (631 765-1892 Fax (631) 765-6641 Southold Town Board of Trustees Field Inspection/Work Session Report Date/Time: '.-~//~/ En-Consultants on behalf of JAMES & KATHLEEN NEEFUS requests a Wetland Permit to construct approximately 219 linear feet of vinyl bulkhead in- place of and approximately 6" higher than existing timber bulkhead and construct +12' northeasterly return if needed; reconstruct 4'x_+20' stairway and landings down embankment and construct 4'x8' steps to beach in-place of existing steps; repair existing 18'xl 8' cabana; repair/replace existing +9'x16' deck as needed; and re-nourish storm eroded embankment with approximately 350 cubic yards of clean sand/loam fill to be replanted with native vegetation and maintained as a 15'-20' wide non-turf buffer adjacent to bulkhead. Located: 3680 Paradise Point Road, Southold. SCTM# 81-3-15.2 Type of area to be impacted: Saltwater Wetland Freshwater Wetland Sound Bay Dista;~3ee of proposed work to edge of wetland Pa)~of Town Code proposed work falls under:- __Chapt.275 Chapt. 111 other Type of Application: __ Wetland __Administrative__Emergency __Coastal Erosion --Amendment Pre-Submission Violation Info needed: Modifications: Conditions: ~/'/---- ~/ ,~'g/ ~'/*~ Presen' Were' ~ / K~ B. Ghosio ~1~ rede~ney~-~' ' M~chael Domino __ D. Bergen, D. Dzenkowski Form fille~/_p~u~~. Mailed/Faxed to: Date: other JAMES AND KAT~EEN NEEF~IS SOUTHOLD Figure 1. Lookhtg northwest at existing storm damaged (Hurrieane Sandy) timber bulkhead to be replaced (in place and +_6" higher) with vinyl bulkhead. Figure 2. Looking southwest at existing storm dumaged (Hurricane Sundy) timber bulkhead to be replaced (in pluce anti +_6" higher) with vinyl bulkhead. JAMES AND KATflLEE~EEF-kIS~ 3680 PARADISE POINT ROO SOUTHOI ~D ATgure 3. Looking west at face of bulkhead to be replaced, cabana to be repaired as needed, deck to be repaired/replaced as needed, storm damaged embankment stairway and landings to be reconstrur¢ed, location of storm destrq~ed beach steps to be reconstructed, and naturally vegetated embanlonent to be renoarished and revegetated with native plantings'. Figure 4. Aerial view of subject proper~y and balkhead prior to Hurricane Sandy. Photo by Microsoft Carporation. OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: May 14, 2013 Re: Proposed Wetland Permit for JAMES & KATHLEEN NEEFUS SCTM#1000-81-3-15.2 Permits for the stairway, cabana and deck were not found. En-Consultants on behalf of JAMES & KATHLEEN NEEFUS requests a Wetland Permit to construct approximately 219 linear feet of vinyl bulkhead in-place of and approximately 6" higher than existing timber bulkhead and construct +12' northeasterly return if needed; reconstruct 4'x+20' stairway and landings down embankment and construct 4'x8' steps to beach in-place of existing steps; repair existing 18'x18' cabana; repair/replace existing +9'x16' deck as needed; and re-nourish storm eroded embankment with approximately 350 cubic yards of clean sand/loam fill to be replanted with native vegetation and maintained as a 15'-20' wide non-turf buffer adjacent to bulkhead. Located: 3680 Paradise Point Road, Southold. SCTM# 81-3-15.2 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 proposal to construct approximately 219 linear feet of vinyl bulkhead in-place of and approximately 6" higher than existing timber bulkhead and construct +'12' northeasterly return if needed; construct 4'x8' steps to beach in-place of existing steps; and re-nourish storm eroded embankment with approximately 350 cubic yards of clean sand/loam fill to be replanted with native vegetation and maintained as a '15'-20' wide non-turf buffer adjacent to bulkhead is CONSISTENT with the LWRP. Further, it is my recommendation that the proposal to reconstruct 4'x+20' stairway and landings down embankment and repair existing 18'xt8' cabana; repair/replace existing +9'x16' deck as needed is INCONSISTENT with LWRP Policies 6.3 (below) and therefore, 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 structures were constructed without Board of Trustee review or a Wetlands Permit. Further, pursuant to Chapter 275 Wetlands and Shorelines, the proposal to repair the 144 square foot unpermitted deck is not a permissible action pursuant to 275-11 Construction and operation standards(below). The unpermitted deck is seaward of the top of bank/bluff (figure 1). 275-11 Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (6) Platforms. [Amended 10-11-2005 by L.L. No. 17-2005; 10-9-2012 by L.L. No. 12-2012] (b) Platforms may not exceed 200 square feet and must be landward of the top of bluff, Figure 1. Subject parcel showing cabana and deck. 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 Brcdcmeyer 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 ~TJZwOaStal Erosion Permit Application etland Permit Application .~ Amendment/Trans f~r/Ex~ension ece~ved Application: L~ I?_5 ]l~ ~/~eceived Fee: t -~ ~-1 L,/Complctcd Application Incomplete SEQRA Classification: Type I Type II Unlisted x~oordination: (date sent) WRP Consistency Ass.es~smen~ Form \/C, AC Referral Sent: ~)ate of Inspection: Receipt of CAC Report: Lead Agency Determination: /Technical Review: / v/Public Hearing Held:~.~L]~.~ Resolution: Administrative Permit Name of Applicant James & Kathleen Neefus P.O. Box 505 Address Southold, NY 11971 Phone Number: (631) 765-2593 Suffolk County Tax Map Number: 1000 - 81-3-15.2 Property Location: 3680 Paradise Point Road, Southold (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 ~ard of Trustees Ap[ Land Area (in square feet): +/-147,189 Area Zoning: R-40 GENERAL DATA Previous use of property: Residential,one-familydwellin~ Intended use of property: No Change Covenants and Restrictions: Yes X No If "Yes", please provide copy. Does this project require a variance from the Zoning Board of Appeals __ Yes 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 __ N o Prior permits/approvals for site improvements: Agency Date __ 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 attach~nents if necessary): Construct approximately 219 linear feet of vinyl bulkhead in place of(and approximately 6" higher than) existing storm damaged (Hurricane Sandy) timber bulkhead and construct +/- 12' northeasterly return if needed; reconstruct storm damaged 4' x +/-20' stairway and landings down embankment and construct 4' x 8' steps to beach in place of storm destroyed steps; repair existing cabana and repair/replace +/-9' x 16' deck as needed; and renourish storm eroded embankment with approximately 350 cubic yards of clean sand/loam fill to be replanted with native vegetation and maintained as a 15' to 20' wide nonturf buffer adjacent to bulkhead, all as depicted on the project plan prepared by Eh-Consultants, dated April 18, 2013. of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: To replace and maintain an existing storm damaged bulkhead and restore the stom~ eroded embankment 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? +/-350 cubic yards Depth of which material will be removed or deposited: +/-I feet Proposed slope throughout the area of operations: N/A Manner in which material will be removed or deposited: Approximately 350 cubic yards of sand/loam will be dumped and graded behind the new bulkhead to backfill and renourish the storm eroded area embankment to be replanted with native vegetation. 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 +/~6" higher 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. Other than the ecological benefit of replacing a treated timber bulkhead with untreated vinyl sheathing, the project will effectively maintain the historically preexisting conditions along this bulkheaded portion of shoreline without any change in or si~ificant adverse impact on the adjacent unvegetated wetlands area or tidal waters of the Town. PROJECT 1D NUMBER PART 1 - PROJECT INFORMATION 1. APPLICANT / SPONSOR James & Kathleen Ne&us 3. PROJECT LOCATION: Murddpality Southold 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only (To be completed by A .licant or Project Sponsor) PROJECT NAME County Suflblk 4. PRECISE LOCATION: Street Address and Road Intersections. Prominent landmarks etc - or provide map SEQR 3680 Paradise Point Road, Town of Southold, SCTM #1000-81-3-15.2 5.1S PROPOSED ACTION: [] New ~]Expansion ~Mx~ification/alt~aficn 6. DESCRIBE PROJECT BRIEFLY: Construct approximately 219 linear feet of vinyl bulkhead in place of (and approximately 6" higher than) existing storm :lamaged (Hurricane Sandy) timber bulkhead and construct +/-12' northeasterly return if needed; reconstruct storm damaged 4' < +/-20' stairway and landings down embankment and construct 4' x 8' steps to beach in place of storm destroyed steps; repair existing cabana and repair/replace +/-9' x 16' deck as needed; and renourish storm eroded embankment with approximately 350 :ubic yards of clean sand/loam fill to be replanted with native vegetation and maintained as a 15' to 20' wide nonturf buffer adjacent to bulkhead, all as depicted on the project plan prepared by Eh-Consultants, dated April 18, 2013. 7. AMOUNT OF LAND AFFECTED: hfilially 3.379 acres Ultimately 3.379 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? [~Yes [] No lfno, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? {Choose as many as apply.) [~Residenhal ~]lndustrial [-~]Commercial [~Agriculture I~ Park / Forest / Open Space [~Other(describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY {Federal, State or Local) [~Yes ~] yes, agency permit / approval: No If list name and NYSDEC Hurricane Smldy GP, USACOE Nationwide Permit #3 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? []Yes [~No if yes, list agency name and permit / approval: 1~.~S A R~.j~JLT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? I I Yes IZINo I CERTIFY/~HAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/ Sponsor N~e Robert E. Herrmann, Coastal Management Specialist Signature Date:April 18, 2013 If the action is a Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART I1 - IMPACT ASSESSMENT (To be completed by Lead Agency) 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. B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration may be superseded by another involved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) Cl. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problenks? Explain briefly: [ C2. Aesthetic, agricultural, archaeological, historic, other natural or cultural resources; or community or neighborhood character? Explain briefly: C',. Vegetation or fauna, fish~ shellfish or wildlife sl~ies, significant habitats, or threatened or endangered species? Explain briefly: C4. Acommunity's existing plans or goals as officially adopted, or a change in u~ or intensity of use of land or other natural resources? Explain briefly: ! C5. Growth, subsequent development, related activities likely to be induced by the proposed action? Explain briefly: I C6. Long term, short, term, cumulahve, or other effects not identified in C1- C57 Explain briefly: C7. Other impacts (including changes in use of either quantity or type of energy? Explain briefly. D. WILL THE PROJECT HAVE AN iMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL E. IS THERE, OR IS THERE LIKELY TO BEt CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL iMPACTS? If yes explain. I-lYes [E]No I PART 111 - DETERMINATION OF SIGNIFICANCE {To be completed by Agency) INSTRUCTIONS: For each adverse effect identfied above~ determine whether it is substantial, large~ important or otherwise significant. Each effect should be assessed in colu~ection with its (a) setting (i.e. urban or rural); (b) probability of occurrhag; (c) duration~ (d) irreversthitty; (e) geographic scope; and (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 environmental characteristics of the CEA. Check this box if y(m have identified one or more poten~ally large or signifi~t adverse impacts which MAY occur. Thf~n proct'ed ~y to the FULL EAF and/or prepare a positive declaration. Check this box ff you have determined, based on the information and analysis above and any supporling documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination. Name of Lead Agency Print or ~yp~e N a{~me~t Rffesponsi~bl: OI~ce/r i~n/Lea~d~Ag~ency Signature~f R~ Officer in Ee~ la/' Date Title of Responsible Officer Signature of Preparer (If different from reslxmsible officer) NOTICE TO ADJACENT PROPERTY OWN BOARD OF TRUSTEES~ TOWN OF SOUTHOLD In the matter of applicant: James & Kathleen Neefus SCTM# 1000-81-~ 15.2 MAY - 3 2013 Southold Town YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Construct approximately 219 linear feet of vinyl bulkhead in place of (and approximately 6" higher than) existing storm damaged (Hurricane Sandy) timber bulkhead and construct +/-12' northeasterly return if needed; reconstruct storm damaged 4' x +/-20' stairway and landings down embankment and construct 4' x 8' steps to beach in place of storm destroyed steps; repair existing cabana and repair/replace +/-9' x 16' deck as needed; and renourish storm eroded embankment with approximately 350 cubic yards of clean sand/loam fill to be replanted with native vegetation and maintained as a 15' to 20' wide nonturf buffer adjacent to bulkhead, all as depicted on the project plan prepared by Eh-Consultants, dated April 18, 2013. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 3680 Paradise Point Road, Southold 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: Wednesday, May 15, 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 $outhold and does not reference any other agency that might have to review same proposal. James & Kathleen Neefus PROPERTY OWNERS NAME: P.O. Box 505 MAILING ADDRESS: Southold, NY 11971 PHONE//: 631-765-2593 AGENT: Eh-Consultants 1319 North Sea Road, Southampton, NY 11968 MAILING ADDRESS: PHONE #: 631-283-6360 Enc: Copy of sketch or plan showing proposal for your convenience. George & Jane Kaytis Linda S. Sanford Trust l lias Theodoropolous ~OOF OF MAILING OF NOTI~ ATTACH CERTIFIED MAlL RECEIPTS Address: 3740 Paradise Point Road Southold, NY 11971 5 Mountain Peak Road Chappaqua, NY 10514 3808 Bell Boulevard Bayside, NY 11361 STATE OF NEXV YORK COUNTY OF SIJFbOLK Robert E. Hermann doing business at En-Consultants 1319 North Sea Road Southampton, NY 11968 , being duly am, d~ and says that on the 25th day of April ,20 13 , deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Southampton , that said Notices were Mailed to each of said persons by (ce r tified)(r~gisX~z~) mail. ~A~ Robert E Heq~mann Coastal Management Specialist Sworn to before me this day of April ,20 13 N o { ar~/~l~u b lic 25th KlM H, STEPHENS NOTARY PUBLIC SPATE OF NEW YORK RnMMISSION NO, 501593? QUALIFIED IN SUFFOLK COUNTY EXPIRES Ced]fled Fee E~ Return Receipt Fee (Endorsement Required) Restricted Delivery Fee [~ (Endorsement Required) m r- orPOB L~nda S. Sanford Trust 5 Mountain Peak Road Chappaqua, NY 10514 Postage CeCtified Fee I~l Return Receipt Fee (Endorsement Required) Restncted Delivery Fee (Endorsement Required) rtl FU Sent To [~_ or PO BO George & Jane Kay'is ' · 3740 Paradise Point Road Southold, NY 11971 Certified Fee r--I Return Receipt Fee (Endorsement Required) Restricted Deliver~ Fee Fl (Endorsement Required) ~ i Ilias Theodoropolous ~ ~ 3808 Bell Boulevard r,- or Bayside, NY 11361 James F.King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall, 53095 Main Rd. P.O. Box l 179 Southold,NY 11971 Telephone (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 JAMES & KATHLEEN NEEFUS COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, Robert F. Herrmann , gaai~xv//dba En-Consultants 1319 North Sea Road, Southampton, NY 11968 being duly sworn, depose and say: That on the 1st day of Hay ,2013, I personally posted the property known as 3680 Paradise Point Road, Southold, SCTM#1000-81-3-15.2 by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public heating. Date of hearing noted thereon to be held Wednesday~ May 15~ 2013. Dated: (signature~~ Sworn to before me this 15th dayof May 2013 N~ar y"P ub-Jic ~ ~IN H. STEPHENS NOIARY PUBLIC STATE OF NEU YURK COMMISSION NO. 501§g31 OUALIFtED 1N SUFFOLK COUNTY EXPIRES AUGUST 2, zoL~ NOTIC OF HEARING NOTICE SOUTHOLD Southold, New York, concerning this property. IS HEREBY GIVEN that a .public hearing will be hel.d by the BOARD OF TRUSTEES at the Town Hall, 53095 Ma~n Road, OWNER(S) OF RECORD: To construct approximately 219 linear feet of vinyl SUBJECT OF PUBLIC HEARING: bulkhead in-place of and approximately 6" higher than existing timber bulkhead and construct +12' northeasterly return if needed; reconstruct 4'x+20' stairway and landings down embankment and construct 4'x8' steps to beach in-place of existing steps; repair existing 18'x18' cabana; repair/replace existing +9'x16' deck as needed; and re-nourish storm eroded embankment with approximately 350 cubic ,~r~, o,~,.nTiMES a n d/l°a m fili~,~'~ted6h~atii~e~i~-.~l ~ mai nt ain ed& HEARING:as a 15'-20' wide non-turf buffer adjacent to bulkhead. If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior 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 Board of Trustees Application County of Suffolk State of New York 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 ALI. 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 THIS Notary Public EDWARD JOHN ~OYD 5t~h Notary Public St~te ;~f New York 02B00375~25 guftolk County Commission [xpires April 30, 26j.~ Board of Trustees Application AUTHORIZATION (where the applicant is not the owner) I, ~'~.'b ~i ~e~.~Oe~ ,~. residing at~~?~ ~)~-~ (print Owner of property~ (mailing address) do hereby authorize (Agent) to apply for permit(s) from the So uthold B oard~' ~/wn~on~,~ehalf. Owner's signature) APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the lmrt of town officers and employees. The purpose of this form is to l~rovide information which can alert the town of t>ossible conflicts of interest and allow it to take whatever action necessary to avoid same. (Last name, firsfha~ne, middle initial, unless ~ou are apl~y)ng in'the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee .~ ~ Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other", name the activin.) Do you personally (or through your company', spouse, sibling, parent, or child) have a relationship wi~:h any officer or employee of the Town ofSouthold9 ' ' ' ' · · Relat onsh p ncludes b5 bood, marnage, or business interest. Bus~ness nterest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of(or employment by) a corporation itl which the town officer or employee owns more than 5% of the shares. YES NO ~/ If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agenffrepresentative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): __A) the owner of greater than 5% of the sbares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS 1 Town of Southold A. INSTRUCTIONS I. LWRP CONSISTENCY ASSESSMENT FORM Allapplicantsf0rpermits* including T0wn 0fS0uth01dagencies, shallc0mpletethisCCAF for proposed actions that are subject to theT0wn0fS0uth01d Waterfr0ntC0nsistency Review Law. Ihis assessmentisintendedt0 supplement0therinf0rmati0nusedby a T0wn0fS0uth01dagencyin m a k in g a d ete r m in a ti 0 n 0 f c 0 n s is t e n c y. *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 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, listine both SUl~Dortin~ and non- supporting, facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. SCTM# 81 A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Offic~ th Planning Department, all local libraries and the Town Clerk's office. DESCRIPTION OF SITE AND PROPOSED ACTION 3 15.2 PROJECT NAME James & Kathleen Neefus The Application has been submitted to (check appropriate response): TownBoard ~] PlanningBoard[~] Building Dept. ~] Board of Trustees [~ ~ ~tees 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 219 linear feet of vinyl bulkhead in place of (and approximately 6" higher than) existing stoma damaged (Hurricane Sandy) timber bulkhead and construct +/-12' northeasterly return if needed; reconstruct stoma damaged 4' x +/-20' stairway and landings down embankment and construct 4' x 8' steps to beach in place of storm destroyed steps; repair existing cabana and repair/replace +/-9' x 16' deck as needed; and renourish storm eroded embankment with approximately 350 cubic yards of clean sand/loam fill to be replanted with native vegetation and maintained as a 15' to 20' wide nonturf buffer adjacent to bulkhead, all as depicted on the project plan prepared by En-Consultants, dated April 18, 2013. Location of action: 3680 Paradise Point Road, Southold Site acreage: 3.379 acres Present land use: Residential, one-family dwelling. Present zoning classification: R-40 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: James & Kathleen Neefus (b) Mailing address: P.O. Box 505 Southold, NY 11971 (c) Telephone number: Area Code 631-765-2593 (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 state or federal agency?NYS DEC Hurt cane Sandy GP C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section Ill - Policies; Page 2 for evaluation criteria. NYes [~ 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 lI1 - 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 +/-6" higher 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 property has been improved with and supported and protected from flooding and erosion by a bulkhead since prior to 1980, and there is no viable non-structural alternative means of maintaining and protecting the upland portion of the property in its current location. Without replacement and maintenance of the bulkhead, the subject and adjacent, similarly bulkheaded properties would be exposed to severe erosion, flooding, and damage to the residential strnctures located thereon. Therefore the project is consistent with Policy 4. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [~ Yes [~ No [~ Not Applicable The project is consistent with Policy 5 to the extent that the existing treated timber bulkhead will be replaced with a bulkhead constructed with vinyl sheathing. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. [~ Yes [~] No ~ Not Applicable Other than the ecological benefits to be ,lacing a treated timber bulkhead with uOted vinyl sheathing, and restoring the naturally vegetated embankment behind the bulkhead, the project will effectively maintain the historically preexisting conditions along this portion of bulkheaded shoreline without any change in or significant adverse impact on the adjacent unvegetated wetland area or tidal waters of the Town. Therefore, to the extent Policy 6 is applicable to the project, the proposed work is consistent with the policy. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section 11I - 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. Pro. tect Southold's wate.~pendent uses and promote siting ~ew wat.er-del~en.dent suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. [~ Yes [~ No [~] Not applicable uses in Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section Ill - 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 Robe~ PREPARED BY TITLE Coastal Ml~mt. Specialist DATEApri118, 2013 Amended on 8/1/05 EN CONSULTANTS April 18,2013 Town of Southold Board of Trustees 54375 Main Road Post Office Box 1179 Southold, New York 11971 Re: James & Kathleen Neefus 3680 Paradise Point Road, Southold SCTM #1000-81-3-15.2 Dear Board of Trustees: In regard to the above referenced property, enclosed are tile following for tile 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 4/18/13; and d) survey. One (1) set of site photographs. Application fee of $250.00 wetlands. Three (3) LWRP Consistency Assessment Forms inclnding: a) project plan. I trust this information shall allow you to process our permit request. Should any additional information be r~quired, please do not hesitate to contact our office. 1 Robe'~ E_ Herrmam~ ~ Coastal Management Specialist /khs Enc. 1119 North Sea Road Southami~ton New'rorkl!965 p6317836360 f6312836136 Southold Town Board - Letter Board Meeting of March 26, 2013 RESOLUTION 2013-280 ADOPTED Item # 5.44 DOC ID: 8695 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-280 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 26, 2013: RESOLVED that the Town Board of the Town of Southold hereby waives Trustees' permit fees for any repairs or construction, that in the sole discretion of the Board of Trustees, are determined to be related to Superstorm Sandy, until May 1, 2013. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER: William Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell PAY TO THE ORDER OF FOR EN,OONSU LTANTS 1319 NORTH SEA RO,~3-PH. {631) 283-6360 SOUTHAMPTON~ NY 11968 5699 DATE EN-CONSULTANTS 1319 NORTH SEA ROAD q©UTH~ii?TON, NY 11968 BOARD OF TRUSTEES TOWN OF SOUTHOLD DATE 'fL PROP, BLKHD. TO CONNECT TO PROP. ADJ. BLKHO. (SEE APP. BY $ANFORO) NEEDED AND -+9' x 16' DECK TO B STORM ~PLACE[ AS NECESSARY ~GETATED RENOURISHED & EX. 4' x ~20' STORM WITH NATIVE DAMAGED STNRS AND TO BE RECONSTRUCTED TOP OF BANK ~: I" ~ -~ 2(X)O' , NATURALLY TO BE PROP. !12' RETURN (IF NEEDED) BLKHD. PROPOSED __+4' x _+8' STEPS IN PLACE OF STORM DESTROYED STEPS SH£L TEfi AHW PROP. _+219 L.F. OE VINYl. BULKHEAD TO BE CONSTRUCTED IN PLACE OF (AND APPROX. 6" HIGHER THAN) EX. STORM DAMAGEO TIMBER BLKHD. I~ LA,S D PROPOC¢I:) ~PL/~EMI~NI' OF 5fORM PAMAQI~P BLLKHI~AD POI~ JAM[~5 ANP KA11'ILI~IbN NI~I~PU5 ON F:~L1T. R I.q. ANP F:x2UNP, ~::~PPOLK COUNfY. NY F:~F::f I OP 2 4/Ig/ EN-CONSULTANTS 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 631-28,.,-6o60 '~°8/,,vso,,v ~tEOE[¥E APR 2 3 20~3 Sout~old Town Bo '¢ ¢ Tfusteos / / / / / / / / / / / / / / / N DI'T'~ ~ATA -'LO't, SUrVeYOr.'5 CE~.TPFI~,ATION 5U~'CE"¢ ] 50'