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HomeMy WebLinkAboutTR-8165 Michael J.Domino,President ��rjf Soyo Town Hall Annex 54375 Route 25 John M. Bredemeyer III,Vice-President ,`O lQ P.O.Box 1179 Glenn Goldsmith l [ Southold,New York 11971 A. Nicholas Krupski G Telephone(631) 765-1892 Greg Williams �O �� Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 1577C Date: June 4, 2019 THIS CERTIFIES that the construction of approximately 100 linear feet of vinyl bulkhead and+/-5' vinyl return in-place of and approximately 6"higher than existing timber bulkhead and return-, remove and replace existing 3'x+/-22' stairway and landings as needed; construct 3'x+/-8' steps to beach in-place of existing steps; backfill with approximately 25 cubic yards of clean sandy fill-, and restore and replant with native vegetation any disturbed portion of the adjacent naturally vegetated embankment to be maintained as a non-turf buffer; At 650 Cedar Point Drive East, Southold Suffolk County Tax Map#1000-90-2-17 Conforms to the application for a Trustees Permit heretofore filed in this office Dated April 23, 2013 pursuant to which Trustees Wetland Permit#8165 Dated May 15, 2013,was issued and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for construction of approximately 100 linear feet of vinyl bulkhead and+1-5' vinyl return in-place of and approximately 6"higher than existing timber bulkhead and return-, remove and replace existing 3'x+/-22' stairway and landings as needed; construct 3'x+/-8' steps to beach in-place of existing steps; backfill with approximately 25 cubic yards of clean sandy fill• and restore and replant with native vegetation any disturbed portion of the adjacent naturally vegetated embankment to be maintained as a non-turf buffer. The certificate is issued to Revocable Trust FB/O Ellen M. Violett owner of the adore aid rope���� Authorized Signature 4 Michael J. Domino,President oF SUUj�O Town Hall Annex John M.Bredemeyer III,Vice-President �� 01 0 54375 Route 25 P.O. Box 1179 Glenn Goldsmith Southold,New York 11971 A.Nicholas Krupski • Telephone(631)765-1892 Gre Williams O Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DATE OF INSPECTION: 6q Ll Ch. 275 Ch. 111 INSPECTION SCHEDULE - - - Pre-construction, hay bale line/silt boom/silt curtain 1St day of construction Y2 constructed Project complete, compliance inspection. INSPECTED BY: COMMENTS: 1 CERTIFICATE OF COMPLIANCE: MARTIN D.FINNEGAN SCOTT A.RUSSELL TOWN ATTORNEY Supervisor martin.finnegan@town.southold.ny.us OF $QyOl h Town Hall Annex, 1179 Route 25 JENNIFER ANDALORO P.O.Box 1179 ASSISTANT TOWN ATTORNEY jennifer.andaloro@w ton.southold.ny.us Southold,New York 11971-0959 LORI M.HULSE 0 �Q ( a hone(631) 765-1939 ASSISTANT TOWN ATTORNEYIiLJ Fi j� 765-6639 �CQU lori.hulse@town.southold.ny.us OFFICE OF THE TOWN ATTOR Y JUL , 2013 TOWN OF SOUTHOLD Southold 1UW17 ar t Sees Kim Stephens July 17, 2013 En-Consultants 1319 North Sea Road Southampton, NY 11968 RE: Revocable Trust FBIO Ellen M. Violett,Wetlands Permit No. 8165 90 -a-17 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 fifteen to twenty foot wide non turf buffer to be established and subsequently maintained along the landward side of the bulkhead inclusive of the vegetative embankment. 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, Lori M. Hu Assistant Town Attorney s Cc: Board of Trustee O EN-CONSULTANTS � November 4, 2013 NOV - 7 2013 liwil Board of Trustees O,thold Town of Southold P.O. Box 1179 Southold,NY 11971 Attn.: Elizabeth Cantrell Re: Revocable Trust F/B/O Ellen M.Violett,Wetlands Permit Nos. 8165 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 November 1, 2013. A copy of the recorded document is enclosed for your file. Res e tfully yours, t ph Enclosure cc: Ellen M. Violett 1319 North Sea Road Southampton,New York 11968 p 631.283.6360 f 631.283.6136 wwwenconsultants.com environmental consulting CC# : C13-47823 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 11/01/2013 under Liber D00012750 and Page 909 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 11/01/2013 SUFFOLK COUNTY CLERK Nov e72013 Q. � �. _ JUDITH A.PASCALE 5ebtheltl f:'vli�~ B ar f Tru to SEAL IIIVIII IIII VIII VIII VIII VIII VIII VIII VIII IIII IIII ��-ys yr' i�:a �i � YY`� IIIIIIIIIIIIIIIIIIIIIIIII NOV 7 2013 SUFFOLK COUNTY CLERK RECORDS OFFICE ar f Truste RECORDING PAGE Type of Instrument: DECLARATION Recorded: 11/01/2013 Number of Pages : 4 At: 09 :28 :42 AM Receipt Number : 13-0140662 LIBER: D00012750 PAGE : 909 District: Section: Block: Lot: 1000 090 . 00 02 . 00 017 . 000 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 .20 NO RPT $60 .00 NO Fees Paid $125 .20 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County .! ,_ F,�'.1_I_�F..1C N - 01 IJ'=10 2 Number of pages LAI- .TIJ[I`•`•I; P. Fc,S; 011-.E "F"L! _I This document will be public i_ i:l�.,li:'_l ryL. ly Ll�l record. Please remove all -" Social Security Numbers prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Mortgage Amt. Page/Filing Fee CL 1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Spec./Assit. Notation or EA-52 17(County) Sub Total Spec./Add. TOT.MTG.TAX EA-5217(State) Dual Town Dual Count R.P.T.S.A. � � Held for Appointment y Comm.of Ed. 5. 00 Transfer Tax p Affidavit Mansion Tax � �.q,,�, The property covered by this mortgage is Certified Copy ) �C�y family dwelling only. or will be improved by a one or two C NYS Surcharge 15. 00 C.�J' Sub Total YES or NO Other U Grand Total If NO, see appropriate tax clause on page# of this instrument. /040- 13 4 Dist. 2595152 1000 09000 0200 017000 )00 5 Community Preservation Fund Real Proper PTS II��II�II��I�III�I�I�I�II�III����III�II�II��I Consideration Amount R Tax Service POB_ •A Agency 23` -OCT-1 CPF Tax Due $ Verificatioi Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land TD En-Consultants 1319 North Sea Road TD Southampton,NY 11968 TD Mail to:Judith A. Pascale,Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name www.suffolkcountyny.gov/clerk Title# 8 Suffolk County Recording & Endorsement Page This page forms part of the attached Declaration of Covenants made by: (SPECIFY TYPE OF INSTRUMENT) Revocable Trust F/B/O Ellen M.Violett The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of Southold Town of Southold In the VILLAGE Board of Trustees or HAMLET of Southold BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over DECLARATION OF COVENANTS THIS DECLARATION made this /U day of 6cl-14 �� , 2013, by the Revocable Trust F/B/O Ellen M. Violett, with an address of 230 East 50'x' Street, New York, NY 10022 hereinafter referred to as "DECLARANT": WITNESSETH: WHEREAS, DECLARANT is the owner of certain real property located at 650 Cedar Point Drive East, Town of Southold, County of Suffolk, State of New York, described in the Suffolk County Tax Map as District 1000, Section 90, Block 2, Lot 17, which is more particularly bounded and described as set forth in Schedule "A" annexed hereto, hereinafter referred 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 the approximately 15'-20' wide naturally vegetated embankment be maintained as a "nonturf buffer," NOW,THEREFORE,the DECLARANT does hereby covenant and agree as follows: 1) Upon the substantial completion of the aforementioned permitted activities there shall be maintained on the landward side of the bulkhead on the subject premises an approximately fifteen to twenty 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, its heirs, assigns, purchasers, or successors in interest and may be modified only upon resolution of the Board of Trustees. IN WITNESS WHEREOF, the owners have duly executed this instrument this day of 2013. Revocable Trust F/B/O Ellen M.Violett El 0 Ellen M.Violett,Trustee STATE OF ss: COUNTY OF,d C- / JG On the day of ,in the year 2013,before me the undersigned, a Notary Public in and for said State, personally appeared Ellen M. Violett personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual or the person on behalf of which the individual acted,executed the instrument. otary Public HERBERT J.HUMMERS Notary public,State of New York No.02HUI895550 Qualified In Nassau County Commission Explres Sept 30.20`o- 2 SCHEDULE A All that certain plot,piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being in that part of the Township of Southold known as Bay View, in the County of Suffolk and State of New York,shown on the map filed in the Suffolk County Clerk's Office January 27, 1926 as Number 802,and designated thereon as lot No. 6,the said lot being 100 feet in width and running from mean highwater mark of Peconic Bay to a private road shown on said map,extending from said lot to the junction of that highway which is known as Bay View Road with that other highway known as Cedar Beach Road; said map being entitled, "Map Number 1 of Part of Property of Edwin H.Brown at Bay View, Southold,N.Y."and made by Franklin P. Overton, Peconic,New York,said premises being also designated as Lot 105 on Map of Cedar Beach Park,filed in the Suffolk County Clerk's Office on December 20, 1927 as Map Number 90. 3 Board of Trustees Application AUTHORIZATION (Where the applicant is not the owner) mj a- sa, � - -- lit.: - •�.. -- ;_—,, Gum ;b �, l7, 2D 0, . owners of the property identified as SCTM# 1000= L30 — 2--_`) in the town of New York,hereby authorizes O rG CON 1 tU V VOV',V- _ to act as my agent and handle all necessary work involved with the application process for permit(s)from the Southold Town Board of Trustees for this property. C i I , Property Owner's Signature Property Owner's Signature SWORN TO BEFORE ME THIS 24 DAY OF I'1!' / , 20. CATHLEEN K. HUNG NOTARY PUBLIC-STATE OF NEW YORK No.02HU6300783 Notary Public Qualified In Queens County My Commission Expires 04-07-2022 James F. King, President BOb Ghosio~ Ir., Vic~-Pr~siden! . . .'Dave~ - -. -. loire. Bredemeyer Michael J. Domino ' . Town Hall, 53095 lviain Rd. · P.O..Box It?9 Telephone (631) 765-1892' Fax (631} 765-6641 BOARD OF TOWN TRUSTEES TOWN: OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFI'CE OF/HE 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 ,/ Pm-construction, hay bale line 1st day of construction __ ½ constructed Project complete, compliance inspection BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 8165 DATE: MAY 15~ 2013 ISSUED TO: REVOCABLE TRUST F/B/O ELLEN M. VIOLETT PROPERTY ADDRESS: 650 CEDAR POINT DRIVE EAST~ SOUTHOLD SCTM# 90-2-17 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 Eh-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 100 linear feet of vinyl bulkhead and +5' vinyl return in-place of and approximately 6" higher than existing timber bulkhead and return; remove and replace existing 3'x+22' stairway and landings as needed; construct 3'x:tS' steps to beach in-place of existing steps; backfill with approximately 25 cubic yards of clean sandy fill; and restore and replant with native vegetation any disturbed portion of the adjacent naturally vegetated embankment to be maintained as a non-turf buffer, and as depicted on the site plan prepared by En- Consultants, last dated April 15, 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 &the said Board as of this date. . TERMS AND CONDITIONS The Permittee Revocable Trust F/B/O Ellen M. Violett, residing at 650 Cedar Point Drive East, 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 Permit-tee 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 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 th is perm it. 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 54375Main 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: REVOCABLE TRUST F/BIO ELLEN M. VIOLETT 650 CEDAR POINT DRIVE EAST, SOUTHOLD SCTM# 90-2-17 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 REVOCABLE TRUST F/BIO ELLEN M. VlOLETT 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 100 linear feet of vinyl bulkhead and +5' vinyl return in-place of and approximately 6" higher than existing timber bulkhead and return; construct 3'x+8' steps to beach in-place of existing steps; backfill with approximately 25 cubic yards of clean sandy fill; and restore and replant with native vegetation any disturbed portion of the adjacent naturally vegetated embankment to be maintained as a non-turf buffer was found to be Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, the LWRP Coordinator recommended that the proposed application to remove and replace existing 3'x+22' stairway and landings as needed was found to be Inconsistent with the LWRP, and, 2 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 REVOCABLE TRUST F/BIO ELLEN M. VlOLETT to construct approximately 100 linear feet of vinyl bulkhead and +5' vinyl return in-place of and approximately 6" higher than existing timber bulkhead and return; remove and replace existing 3'x+22' stairway and landings as needed; construct 3'x+8' steps to beach in-place of existing steps; backfill with approximately 25 cubic yards of clean sandy fill; and restore and replant with native vegetation any disturbed portion of the adjacent naturally vegetated embankment to be maintained as a non-turf buffer, and as depicted on the site plan prepared by Eh- Consultants, last dated April 15, 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 Very_truly yours, 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 (631) 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: REVOCABLE TRUST F/BIO ELLEN M. VIOLETT to construct approx. 100 If. of vinyl bulkhead and 5' vinyl return in place of and approx. 6" higher than existing storm damaged timber bulkhead and return; remove and replace existing 3' wide stairway and landings as needed; construct 3'X 8' steps to beach in place of storm destroyed steps; backfill with approx. 25 cy. of clean sandy fill; and restore and replace with native vegetation any disturbed portion of the adjacent naturally vegetated embankment to be maintained as a non-turf buffer. Located: 650 Cedar Point Dr. East, Southold. SCTM#90-2-17 SUPPORT- question raised as to fence around property, rec bulkhead be aligned with adjacent bulkheads, non-turf 20' landward of bulkhead, stairs removable/retractable Proposed by Doug hardy, seconded by John Stein - All in favor ,lames F King. President Bob Ghosio..Ir, Vice-President Dave Bergen John Bredemeyer Michael .I. Domino PO. Box 1179 Southol&NY 11971 elephone (631 765-1892 Fax (631 ) 765-6641 Southold Town Board of Trustees Field Inspection/Work Session Report Date/Time: ~/ (/-z.~t 3 En-Consultants on behalf of REVOCABLE TRUST F/BIO ELLEN M. VIOLETT requests a Wetland Permit to construct approximately 100 linear feet of vinyl bulkhead and -+5' vinyl return in-place of and approximately 6" higher than existing timber bulkhead and return; remove and replace existing 3'x+22' stairway and landings as needed; construct 3'x-+8' steps to beach in-place of existing steps; backfill with approximately 25 cubic yards of clean sandy fill; and restore and replant with native vegetation any disturbed portion of the adjacent naturally vegetated embankment to be maintained as a non-turf buffer. Located: 650 Cedar Point Drive East, Southold. SCTM# 90-2-17 T~cypse of area to be impacted: altwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland Pa~t of Town Code proposed work falls under: __~hapt.275 Chapt. 111 other Type of Application: __ Wetland __Coastal Erosion __Amendment __Administrative__Emergency Pre-Submission Violation Info needed: Modifications: Conditions: Present Were: v,'~. King B. Ghosio''~/~ D. Bergen, , ..-/~J. Bredemeyer L--"~ichael Domin~) D. Dzenkowski Form filled~ut i~the field by Mailed/Faxed to: Date: other REV. TRUST F/B/O ELLEN M. VIOLETT~,,650 CEDAR POINT DRIVE EAST~ SOUTHOLD Figure L Looking northeast ~er Hurricane Sandy at storm damaged timber bulkhead to be removed and replaced with vinyl bulkhead. APR 2 ,a ~tO~3 j~' BoaJ o? rus ecs Figure 2. Looking northwegt, t~fler Hurricane Surely at ·gtorm dantaged timber bulkhead to be removed and replaced with vinyl bulkhead. REV. TRUST F/B/O ELLEN Mo VIOLETT~ 650 CEDAR POINT DRIVE EAST~ SOUTHOLD [21gnre 3. Looking north after Hurricane 3~ndy at storm damaged timber bulkhead to be removed and replaced with ~'inyl bulkhea& at stairway to be replaced as needed; and at location o.['storm destroyed beach steps to be reconstructed. Figure 4. Aerial view of subject properO, and bull~head priar to Harricane gandy. Photo by Mierosoft Corporation. COU N'P( OF SUFFOLK 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 MAY 1 4 2013 S0uthold Town Date: May 14, 2013 Re: Proposed Wetland Permit for REVOCABLE TRUST F/BIO ELLEN M. VIOLE'I-F SCTM#1000-90-2-17 A permit was not found for the 3'x'22' stairs. En-Consultants on behalf of REVOCABLE TRUST F/BIO ELLEN M. VlOLETT requests a Wetland Permit to construct approximately 100 linear feet of vinyl bulkhead and +5' vinyl return in-place of and approximately 6" higher than existing timber bulkhead and return; remove and replace existing 3'x+22' stairway and landings as needed; construct 3'x+8' steps to beach in-place of existing steps; backfill with approximately 25 cubic yards of clean sandy fill; and restore and replant with native vegetation any disturbed portion of the adjacent naturally vegetated embankment to be maintained as a non-turf buffer. Located: 650 Cedar Point Drive East, Southold. SCTM# 90-2-17 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 actions to construct approximately 100 linear feet of vinyl bulkhead and +5' vinyl return in-place of and approximately 6" higher than existing timber bulkhead and return; construct 3'x:t8' steps to beach in-place of existing steps; backfill with approximately 25 cubic yards of clean sandy fill; and restore and replant with native vegetation any disturbed portion of the adjacent naturally vegetated embankment to be maintained as a non-turf buffer are CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. It is recommended that the proposed action to remove and replace existing 3'x+22' stairway and landings as needed is INCONSISTENT with Policy 6.3, A, 1. A permit for the structure was not found. 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 we aStal Erosion Permit Application tland Permit Application Administrative Permit ArnendmentJTrans fcr/E~tension cc~ved Application: ompleted Application Incomplete SEQRA Classification: Type I Type 11 Unlisted__ c~[¢wOOrdination: (date sent) RP Consistency Assess~mnt l~orm ~/CAC Rererra~ Se~t: Ct, I Z3']~3 ' ' l/ISate of Inspection: 51~ ~,]!- 5 Receipt of CAC Report: Lead Agency Determination: ~pechnical Review: ublic Hearing Held: ~//liSll ~ Resolution: t ! APR 2 3 2013 $outhoId Town -- It0ar~LgLTmste s~?&~ Name of Applicant Revocable Trust F/B/O Ellen M. Violett c/o Ellen M. Violett, Trustee Address 230 East 50th Street, New York, NY 10022 Phone Number: (212) 688-6869 Suffolk County Tax Map Number: 1000 - 90-2-17 Property Location: 650 Cedar Point Drive East, Southold (provide LILCO Pole #, distance to cross streets, and location) AGENT: En-Consultants (If applicable) Address: 1319 North Sea Road, Southampton, NY 11968 Phone: 631-283-6360 Cantrell, Elizabeth From: Sent: To: Subject: Robert Herrmann < rherrmann@enconsultants.com > Friday, April 26, 2013 ].2:44 PM Cantrell, Elizabeth RE: Violett Trust application Liz, sorry, I've been trying to be uncharacteristically vague about some of the dimensions on these storm projects since I'm not sure if/when they rebuild this stuff behind slightly higher bulkheads whether the lengths will be exactly the same as what's there now. Having said that, I didn't meant to be THAT vague on Violett, as I should at least have described the stairway as "3' x _+22' stairway with landings," which is how I prefer that you describe it. That way it doesn't matter exactly what the lengths of each landing are relative to the length of the stairway as long as the overall length of the thing is correct. If you are not comfortable with that, the stuff on the plan presently scales as follows: top landing is 5' long, stairs are 10' long, and bottom landing is 7' long. Rob From: Cantrell, Elizabeth [mailto:elizabethc@town.southold.ny.us] Sent: Friday, April 26, 2013 12:30 PM To: rherrmann(~enconsulta nts.com Subject: Violett Trust application Rob, How long are each of the two 3' wide landings that are associated with the stairs on the Ellen Violett Trust application? Clerk T~lpiat Town ot So,~t hold Board of Tm*tees 051-705-15~2 ~ard of Trustees ApplicatiI GENERAL DATA Land Area (in square feet): 25,21S Area Zoning: R-40 Previous use of property; Residemial,one-famil7dwellin~ 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 N o 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 attachments if necessary): Construct approximately 100 linear feet of vinyl bulkhead and +/-5' vinyl return in place of(and approximately 6" higher than) existing storm damaged (Hurricane Sandy) timber bulkhead and return; remove and replace existing 3' wide stairway and landings as needed; construct 3' x +/-8' steps to beach in place of storm destroyed steps; backfill with approximately 25 cubic yards of clean sandy fill; and restore and replant with native vegetation any disturbed portion of the adjacent naturally vegetated embankment to be maintained as a nonturf buffer, all as depicted on the project plan prepared by Eh-Consultants, dated April 15, 2013. of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: To replace and maintain an existing storm damaged 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? +/-25 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 25 cubic yards clean sandy fill will be dumped and graded behind bulkhead as backfill. 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 to maintain the property's historical method of protection against erosion and flooding. 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 shoreline without any change in or significant adverse impact on the adjacent unvegetated wetlands area or tidal waters of the Town. PROJECT ID NUMBER PART 1 - PROJECT INFORMATION 1. APPLICANT / SPONSOR P~evocable Trust F/B/O Ellen M. Violett 3. PROJECT LOCATION: Municipality Southold 4. PRECISE LOCATION: Street Address and Road Intersections. Prominent landmarks etc - or provide map 550 Cedar Point Drive East, Town of Southold, SCTM #1000-90-2-17 5, IS PROPOSED ACT1ON: [~New I~] Expansion [~] M~.~ific~tion / alterahcn 617.20 APPENDIX C STATE ENVIRONMENTAL SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by A ?plicanI or Proiect Sponsor) 2. PROJECT NAME County Suffolk SEQR 6. DESCRIBE PROJECT BRIEFLY: Construct approximately 100 linear feet of vinyl bulkhead and +/-5' vinyl return in place of(and approximately 6" higher than) ~xisting storm damaged (Hurricane Sandy) timber bulkhead and return; remove and replace existing 3' wide stairway and landings as needed; construct 3' x +/-g' steps to beach in place of storm destroyed steps; backfill with approximately 25 cubic 'ards of clean sandy fill; and restore and replant with native vegetation any disturbed portion of the adjacent naturally vegetated mbankment to be maintained as a nonturf buffer, all as depicted on the project plan prepared by Eh-Consultants, dated April 15, 2013. 7. AMOUNT OF LAND AFFECTED: ini~iagy 0.5799 acres Ultimately 0.5789 acres 8. WILL PROPOSED ACTION COMPLY WITH EXiSTiNG ZONING OR OTHER RESTRICTIONS? --']Yes[~ No if no, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) [~ Residential [] Industrial []Conunercial ['--]Agriculture []Park/ Forest/OpenSpace ['~Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) [~Yes [~] No If yes, list agency name and permit / approval: NYSDEC Hurricane Sandy GP, USACOE Nac±onw2. de Perm±t No. 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: I S A LT OF [~]2'A Yest~No[~ 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 Nan~bert E. Herrmann, Coastal Management Specialist Date: April 18, 2013 Signature~ . [f the action is a Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART 11 - 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. [~] Yes [~No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural~ archaeological, historic, other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitate~ or fi~reatened or endangered species? Explain briefly: I C4, i community's existin~ plans or ~oals as officially adopted, or a change in use 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: C6. Long term, short, term, cumulative, or other effects not identified in C1- C57 Explain briefly: C7. Oiber impacts (including chan~es 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 ENVIRONMENTAL AREA (CEA)? IIf yes, explain briefly: [~Yes [~No E. IS THERE, OR IS THERE LIKELY TO BE~ CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If yes explain. I-1I--1NoI PART III - DETERMINATION OE SIGNIFICANCE ITo be completed by Agencyl INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effoct should be assessed in com~ecflon with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration, (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that afl relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes, the deternfination of significance must evaluate the potential impact of the proposed action on the enviroranental characteristics of the CEA. Check this box if you have identified one or more potentially lin'ge or significant adverse tinpacts which MAY occur. Thoa proceed directly to the FULL EAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting dccun~ntation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting fifls determination. ~ Name of Lead Agency ' 'yp p 'b e O icer in Lead Agency ~ponsible Officer m~ency Date Title of Responsible Officer Signature of Preparer (If different from responsible officer) NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: Revocable Trust F/B/O Ellen M. Violett 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 100 linear feet of vinyl bulkhead and +/-5' vinyl return in place of(and approximately 6" higher than) existing storm damaged (Hurricane Sandy) timber bulkhead and return; remove and replace existing 3' wide stairway and landings as needed; construct 3' x +/-8' steps to beach in place of storm destroyed steps; backfill with approximately 25 cubic yards of clean sandy fill; and restore and replant with native vegetation any disturbed portion of the adjacent naturally vegetated embankment to be maintained as a nonturfbuffer, all as depicted on the project plan prepared by Eh-Consultants, dated April 15, 2013. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 650 Cedar Point Drive East, 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 Southold and does not reference any other agency that might have to review same proposal. Revocable Trust F/B/O Ellen M. Violett c/o Ellen M. Violett, Trustee PROPERTY OWNERS NAME: 230 East 50th Street MAILING ADDRESS: New York, NY 10022 PHONE#: 212-688-6869 AGENT: En-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. Maureen & William Danilczyk John Montoya Jacqueline A. Moskowitz ~ROOF OF MAILING OF NOTIt ATTACH CERTIFIED MAIL RECEIPTS Address: P.O. Box 200 Southold, NY 11971 70 Great Oak Road Manhasset, NY 11030 515 East 79th Street New York, NY 10021 STATE OF NEW YORK COUNTY OF S1JI~'IqDLI~ Robert E. Hermann doing business at Eh-Consultants 1319 North Sea Road Southampton, NY 11968 , being duly mrn, d~ and says that onthe 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 ~ailed to each of said persons by (c e r tiffed} (re~gis~l} mail. Robert E. Herrmann Coastal Management Specialist Sworn to before me this day of April ,20 13 30th ~1~ H. STEPHENS HOIARY PUBLIC STATE gF NEW YBRI &OMHISSION HO. 5015931 OUALiFIEB IN SUFFOLK EXPIRES A,EUS~ 2. Here Maureen & W~'/l[dr~ Danilczyk P.O. Box 200 Southold, NY 11971 flJ Ced~Iied Fee r-1 Return Receipt Fee (Endorsement Required) Res icted Deliven/Fee (Endorsement Required Ell Sent ~ Johll Montoya ~ -~F/d~ 70 Great Oak Road r~ orPo Manhasset, NY 11030 Return Receipt Fee Endorsement Required) ~estdcted Delivery Fee (Endorsement Required) orPOB AV'~ ? 5 ~2~f3 Jaqueline ,A. Moskowitz 515 East 79t~ Street New York, NY 10021 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 (63 I) 765-1892 Fax (63 I) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of REVOCABLE TRUST F/B/O ELLEN M. V1OLETT COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, Robert F. Herrmann , zaaidk~/dba En-Consultants 1319 North Sea Road, Southampton, NY 11968 being duly sworn, depose and say: That on the 1st day of Iqay ,2013, I personally posted the property known as 650 Cedar Point Drive East, Southold, SCTM# 1000-90-2-17 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 3rior to the date of the public heating. Date of hearing noted thereon to be held Wednesda,y~ Dated: (signatul Fa~¥ 15~ 2013. Sworn to be~re me this 1sm dayqf May 2013 N'o~ary Public c0v KlM H, STEPHENS NOTARY PUBLIC STATE OF NEW YORK OOMMISSIDN NO, 5015931 OUALIFIED IN SUFFOLK COUNTY EXPIRES AUGUST 2, 20 ~_~.~ 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: £11en ltg. ~'ole'l.'J- To construct approximately 100 linear feet of vinyl bulkhead and +5' vinyl return in-place of and .c,t IB.IECT OF PUBLIC HEARING: approximatety 6" higher than existing timber bulkhead and return; remove and replace existing 3'x+22' stairway and landings as needed; construct 3'x+8' steps to beach in-place of existing steps; backfill with approximat~¢¢/25 cubic yards of clean sandy fill; and restore and replant with native vegetation any disturbed portion of the adjacent naturally ve~t~ embankment to be maintained as a non-tuff buffer. TIME & DATE OF PUBLIC HEARING: 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 Bo~ard of Trustees Application AUTHORIZATION (where the applicant is not the owner) l, ~bt~4~' (~.. VllOi.~q'q~residingat 230 ~.~-~ (print Owner of property)~£~ (mailing. address) do hereby authorize (Agent) to apply for permit(s) from the Southold Board of Town Trustees on my behalfi (Owner's signature) ~ County of ~ State of New York of Trustees Application ~LL£~,I P4. t/tOL6T'F BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE 1S THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, l HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Signature SWORN TO BEFORE ME THIS ~ gO DAY OF .~F,~A.'t.,',~ ,20__L~ 'Notary Public APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the vart of town officers and em~lovees. The t~umose of this form is to ~rovide information which can alert the town of possible conflicts of interest and allow it to take whatever action necessary to avoid same. 'II0 I4¢ (i/e ,/Vt. (Last name, lirst name, m(ddle initial, unless you are applying in the name of someone else or other entiiy, 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 &Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If "Other", name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee &the Town of Southold? "Relationship Includes by blood, marriage, or Dllsuless interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of(or employment by) a corporation in which the town officer or employee owns more than 5% oftbe shares. YES NO J If you answered "YES", complete the balance of this form and date and sign where indicated. Nmne of person employed by the Town of Southold Title or position &that person Describe the relationship between yourself(the applican~/agentYrepresentative) 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 gneater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entiD' (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 Submitted this ~ day of Signature ~.1 Print Name ~)~ ~ ,~, ~ '~ Town of Southold LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS I. Allapplicantsf0rpermits*includingT0wn0fS0uth01dagencies, shallc0mplctelhisCCA'f f0r proposed actions that are subject to the Town 0fS0uth01d Waterfr0ntC0nsistencyRe¥iew Law. This assessmentisintendedt0 supplement0therinf0rmati0n used by aT0wn0fS0uth01dagencyin m n k in g a d e t e r m in a ti0 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. 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, listin~ both supportin~ and non- supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the (southoldtown.northfork.net), the Board of Trustees Office libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 90 2 17 PROJECT NAME Revocable Trust F/B/O Ellen M. Violett The Application has been submitted to (check appropriate response): TownBoard [--] PlanningBoard[--~ Building Dept. [-~ Board of Trustees [~ Town of Southold's website ~in,~ D~a~ment, all local 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 1 O0 linear feet of vinyl bulkhead and +/-5' vinyl return in place of (and approximately 6" higher than) existing storm damaged (Hurricane Sandy) timber bulkhead and return; remove and replace existing 3' wide stairway and landings as needed; construct 3' x +/-8' steps to beach in place of storm destroyed steps; backfill with approximately 25 cubic yards of clean sandy fill; and restore and replant with native vegetation any disturbed portion of the adjacent naturally vegetated embankment to be maintained as a nonturf buffer, atl as depicted on the project plan prepared by Eh-Consultants, dated April 15, 2013. Location of action: 650 Cedar Point Drive East, Southold Site acreage: 0.5789 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: Revocable Trust F/B/O Ellen M. Violett (b) Mailing address: c/o Ellen M. Violett, Trustee 230 East 50th Street, New York, NY 10022 (C) Telephone number: Area Code 212-688-6869 (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 Hurricane Sandy GP USACOE Nationwide Permit No. 3 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 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 +/-6" higher to maintain the property's historical method of shoreline stabilization and to provide a reasonable increase in protection for the upland property against erosion and flooding caused by storm surge. The existing shoreline has been improved with and supported and protected from flooding and erosion by a bulkhead since prior to 1970, 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 adjacent upland 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 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. RYes ~ No ~ Not Applicable Other than the ecological benefits of replacin~eated timber bulkhead with untreated yin3 and maintaining the naturally vegetated embankment behind it, 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 I11 - Policies Pages 32 through 34 for evaluation criteria. ~ Yes ~ NoR 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 l-'-] 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 lII- 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 wate~ependent uses and promote siting ew water-dependent suitable locations. See LWRP Section IH - 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 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 1~ 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 E. Herrmann TITLE Coastal Mgmt. Specialist DATEApfiI~8,2o~3 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: Revocable Trust F/B/O Ellen M. Violett 650 Cedar Point Drive East, Southold SCTM #1000-90-2-17 APR 2 3 2013 i $0uth01d Town Board of 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 plaus prepared by Eh-Consultants dated 4/15/13; and d) survey. One (1) set of site photographs. Application fee of $250.00 wetlands. 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. Coastal Management Specialist /kbs Eric. 1319 North Sea Road [ Southampton New York 11968 i P 6312836360 I f 651.2836136 ~¥~ ,~, er/r:on¢uhar,l% c©rn 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 IUNANIMOUSI MOVER: Jill Doherty, Councilwoman SECONDER: William Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell EN-OONSULTANTS 1319 NORTH SEA ROAD-PH~ (6,31) 283~6360 SOUTHAMPTON, NY 11968 o,°,,% q% m oF ,.cq4, oL 5697 DATE 50-666-214 $ oo ~ CCA-'t, reat~d ~r, ructara~ ~,im~5:~1 h~e ~ 4, ~, 2~ cq ae~ ~q fill ~ ~ ~ ~n i~ed ~q ~ e~l~ ~o~ ~, ~e, ~ ~lc APPROVED BY BOARD OF TRUSTEE~ TOWN OF ~)UTHOt DATE ~ I:~ ~ / ~ ~' 3' WIDE STAIRS AND BE REMOVED & REPLACED MS TO NEEDED 4ppR0 POOL ROP. 3' x ~8' STEPS TO REPLACE STORM DESTROYED L/7'TL£~ P£'CONIC BAY /UO?zv? I" ' + 2000' APB 2 3 20~,? EN-CONSULTANTS 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 631-283-6360 EX. CHAIN LINK FENCE BE REMOVED & REPLACED ADJ. STORM DAMAGED BLKHD. (SEE APPLICATION BY MONTOYA) --+5' TIMBER RETURN TO BE -REMOVED & REPLACED WTH VINYL RETURN APPROX. _+1OO LF, OF VINYL BULKHEAD TO BE CONSTRUCTED IN PLACE OF (AND --+6" HIGHER THAN) EX, STORM DAMAGED (HURRICANE SANDY) TIMBER BULKHEAD PI~OPOf~P I~1~,1~ POl~ I~V, l'l~glSf P/P/0 P. LLP-N M, VlOt. l~ff ON LIf11.I~ PI~CONIC BAY, fX~LilI'IOLIZ f~JPPOt-K CO,. NY fJ'f~P.l' I OF 2 4/1.6/I~ _*70 (~ar) · , 2$ I ' ' I *__'0' ' I ' '1 PROP ~8' 2' C~ EN-CONSULTANTS 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 631-283-6360 PROPO~P BLi. lq-IP.~ I~PLACI~MI~::NI' FOR t~V. 1!qJ51' P/B/0 BLLP-N M. VIOLBIT ON Llfl'LB F'IF. CONIC BAY. f:,OLI11'IOLO, 51~POtK CO,, NY ft.a'P. Bf 2 OP 2 SURVEY' OF LOT 10,.5 "SUBDIVISION HAP OF CEDAR BEACH PARK" FILED IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY DEC,. 20, Iq27 A5 HAP NO. qO 51~A~, BA~I~ TOhN: ~~ 5URVE'f'tED: JAN. 16, 201~ SUFFOLK COUNTY TAX ~ IOOO- qO- 2- 17 N S APR 2 3 / I / / I / / I / I / / / / / / / / / _ I 0 ~1 t='ooL · NIONUNiENT POUND ELEVATIONS I;~.EF. NCVD '2q DATUkl Arco = 25,2.15 S. F. Ar'¢~ = O.5~8q Acr¢s ®P-.APHIC E;C, ALE JOHN C. EI-ILERS LAND SURVEYOR If ~ B ~-l'liiltff N.Y.S. LIC. NO. 50202 RIV~, N.Y. 11901 369--8288 lax 359-8287 Rl~.C:~IJ~o~kDml~boxXl 3\ 13-102.pro