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Home My WebLink AboutTR-8195John M. Bredemeyer III, President Michael J. Domino, Vice -President James F. King, Trustee Dave Bergen, Trustee .-. Charles J. Sanders, Trustee pF SOl/T�,o o � a9Z yCOUNTY,� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall Annex 54375.Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 CERTIFICATE OF COMPLIANCE # 1070C Date: November 7, 2014 THIS CERTIFIES that the construction of a ±66' low -profile vinylrogr in in-place of existing groin,• construction of ±101 if vinyl bulkhead in-place of and approx 6" higher than existing bulkhead; new 10'x30' deck in place of and 5' landward of existing removal and replacement of adjacent ±3.5' wide stairwaydown embankment; construction of 3.5'x5.8' platform to ±4'x7.7' steps to beach; backfill; planting of native vegetation on embankment landward of bulkhead At 750 Cedar Point Drive East, Southold, New York Suffolk County Tax Map # 90-2-18 Conforms to the application for a Trustees Permit heretofore filed in this office Dated April 23, 2013 pursuant to which Trustees Wetland Permit #8195 Dated May 15, 2013, was issued and Amended on October 22, 2014 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 the construction of a ±66' low -profile vinyl groin in-place of existing groin; construction of ±101 if vinyl bulkhead in-place of and approx 6" higher than existing bulkhead; new 10'x30' deck in place of and 5' landward of existing; removal and replacement of adjacent ±3.5' wide stairway down embankment; construction of 3.5'x5.8' platform to ±4'x7.7' steps to beach; backfill; planting -of native vegetation on embankment landward of bulkhead. The certificate is issued to JOHN MONTOYA owner of the aforesaid property. Authorized Signature John M. Bredemeyer III, President Michael J. Domino, Vice -President James F. King, Trustee Dave Bergen, Trustee Charles J. Sanders, Trustee October 22, 2014 Mr. Robert E. Herrmann En -Consultants 1319 North Sea Road Southampton, NY 11968 ®F sorry®lo COUNTY, BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD RE: JOHN MONTOYA 750 CEDAR POINT DRIVE WEST, SOUTHOLD SCTM# 90-2-18 Dear Mr. Herrmann: r_ i Town Miall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, October 22, 2014: RESOLVED, that the Southold Town Board of Trustees APPROVE the Administrative Amendment to Wetland Permit#8195 for the relocation of the 4'x7.7' beach steps to be on the east side of the 3.5'x5.8' platform located on the seaward side of the bulkhead; and as depicted on the revised survey prepared by John C. Ehlers, Land Surveyor, last dated September 16, 2014 and stamped approved on October 22, 2014. Any other activity within 100' of the wetland boundary requires a permit from this office. This is not a determination from any other agency. If you have any questions, please call our office at (631) 765-1892. Sincerely, John M. Bredemeyer III President, Board of Trustees JMB:amn 5URYEY OF LOT 104 "SUBDIVISION MAP OF CEDAR BEAGH PARK" FILED IN THE OFFIGE OF THE CLERK OF 5UFFOL.K COUNTY DEG. 20, Ic127 A5 MAP NO. qO 51TUATE: BAYVIE N TOWN: SOUTHOLD SUFFOLK COUNTY, NY SURVEYED: MAY 28, 2008 UPDATE: JULY 15, 2014, SEPT. 16, 2014 SUFFOLK COUNTY TAX # 1000-q0-2-18 CERTOWr1I O: I PD, E CC E InI, �tif E 1'. SEP 2 6 2014 42.73' I� Ns4°139417� 68160 I I i okc-awr NOTES: MONUMENT FOUND PROPERTY ZONE R 40 LOT 51ZE CHANGES 5ET5AGK5 AS DE5GRIBED FOR NON CONFORMING 'LOT5 BUILDING AREA IN FEMA FLOOD ZONE X, Area = 25,514 S. F. Area = 0.5857 Acres GRAPHIC SCALE III= 30' 0 C. 'I.b,tterued anerallon or aednbn to a wrvey y>, �p xartg a lemxe Ione wvmpS Boal n o V vlolailai Of 6eclbn fork 6. Ed ci 7i Or /he Nm+York State ECUcatbn ' 'only wpbs fro, the orWMl aI Ihb slrvoy CC ked Nlth an wlylnal of 13ie Iwe� purvmprb damped heal 6holl lae consdered to be vold true ' wpbs' — or bdlcated Ymoon sY3111yy Ihnt Ihls ey rm f Prmtoe N occareaKe N!h lho e. - L Gone r PY tke for Lad 5uvey3 adopted ` by the t91 York Slate -Ducat W R ilcseronal . / yO LOM 91 1. Sad [ertllka[bn.41, p ra+only �,• ^ - c r� W the peroan for Nwn IM sawey Is prepay S02 �vv ! agency aM' lleMrg Inst tutlon IretaE hereon ad F4 LAND Sv 'O[I Qero! anziermle ada¢bml kstrouons JOHN C. EHLERS LAND, - SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERS EAD, N.Y.11901 369-8288 Fax 3 7tUsersUohnWMboA08108108-157 final 05 23-2014.pro 0 John Bredemeyer, PresidentguFFot Michael J. Domino, Vice -President ��°°y� James F. King y x Charles J. Sanders • Dave Bergen Date/Time: Town Hall Annex 54375 Route 25 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 En -Consultants on behalf of JOHN MONTOYA requests an Administrative Amendment to Wetland Permit #8195 for the relocation of the 4'x7.7' beach steps to be on the east side of the 3.5'x5.8' platform located on the seaward side of the bulkhead. Located: 750 Cedar Point Drive West, Southold. SCTM# 90-2-18 Types-vf area to be impacted: G Saltwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: Chapt.275 Chapt. 111 other Type of Application: Wetland Coastal Erosion Amendment Administrative Emergency Pre -Submission Violation Notice of Hearing card posted on property: Yes No Not Applicable Storm Water Management Review: Yes No Not Applicable Info needed: Modifications: Conditions: Present Were: -�J. Bredemeyer ' M Domino J. King C . Sanders D. Bergen Bay Constable Other Form filled out in the field by�'— Mailed/Faxed to: Date: JOHN MONTOYA, 750 CEDAR POINT DRIVE EAST, SOUTHOLD Photo taken July 29, 2014, showing beach steps constructed on the east side of platform. SEP 2 6 2111 John M. Bredemeyer III, President Michael -J. Domino, Vice -President James F. King Dave Bergen Charles J. Sanders DATE OF INSPECTION: `�/ Ch. 275 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Ch. 111 INSPECTION SCHEDULE Pre -construction, hay bale line/silt boom/silt curtain 1St day of construction '/ constructed V Project complete, compliance inspection. INSPECTED BY: COMMENTS: CERTIFICATE OF COMPLIANCE: Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 A s' Town Hall Jill M. Dougherty, Presidentgn F��' • �(% 53095 Route 25 James F..King, Vice -President �'� P.O. Box 1179 Dave Bergen Southold, New York 11971-0959 Bob Ghosio, Jr. ti - John Brederneyer Telephone (631) 765-1892 d Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD y LETTER OF REQUEST FOR AN AMENDME t; T SEP 2 .E 2014 DATE September 24, 2014 ofT•,,F,, .� �iJ ylf.n .. T ..>. .- OWNER John Montoya PHONE 516-532-0344 .....� 70 Great Oak Road ADDRESS Manhasset, NY 11024 AGENT En-Consultants PHONE 631-283-6360 ADDRESS 1319 North Sea Road, Southampton, NY 11968 PROPERTY LOCATION 750 Cedar Point Drive East,, Southold TAX MAP NO. #1000-90-2-18 I/We En -Consultants for John Montoya request an Amendment to Permit # 8195 to reflect the location of the 4' x 7.7' beach steps on the east side of the 3.5' x 5.8' platform located on the seaward side of the bulkhead, whereas the originally approved location of the +/-4' x +/-7' steps was on the west side of a +/-5' x +/-6' platform, as depicted on the survey prepared by John C. Ehlers Land Surveyor, last dated September 16, 2014. Signed By: Robert E. Herrmann, Coastal Management Specialist County of Suffolk State of New York Board of Trustees Application O BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES' AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ON70 MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITHREVWW OF THIS APPLICATION. 1� SWORN TO BEFORE ME THIS Notary lit 15,7/ Signature DAY OF a ^ �Q- r��: nc E JOAQUIN Notary Public - State of Alexa York No OIJ06244399 Qualified in Nassau County My Commission Expires �' -� Board of Trustees Applicatlon AUTHORIZATION (where the applicant is not the owner) 0 residing at (print owner of property) 91,0'6v-e-oz� Q'Ark (mailing address) � N//Oji ",i?S'i� > do hereby authorize .S= e & A (Agent) JJ ! 1 q to apply for permit(s) from the Southold Board of Town Trustees on my behalf � Owner's signature) APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the hart of town officers and employees. The purpose of this form is to provide information which can alert the town of Wssible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: M 0 D"L� t� � � (Last name, first nam , middle initial, unless you are applying 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. Variance Change of Zone Approval of plat Exemption from plat or official map Other (if "Other", name the activity.) Building Trustee Coastal Erosion Mooring Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? `Relationship" includes by blood, marriage, or business interest. "Business interest!* means a business, ipcluding 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 51/o 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(agent(representative) 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 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 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 RELATIONS' rr _ Submitted is da ofec2 + -y, 20j 0. Signature � Print ?IIan eJ `1 6 Va Kt 0XV At Farm TS i EN -CONSULTANTS ` September 24, 2014 Town of Southold Board of Trustees ��• ;<; : r_'; Post Office Box 1179 Southold, New York 11971 Attn.: Elizabeth Cantrell E o SEP 2 6 2014 ' Re: John Montoya _ 750 Cedar Point Drive East, Southold �Dil1�liia TEnY[1 SCTM #1000-90-2-158 Dear Ms. Cantrell: In regard to the above referenced property, enclosed are the following for the Board of Trustees review: 1. Three (3) Wetland Permit Applications including a) authorization & disclosure forms, and b) survey prepared by John C. Ehlers Land Surveyor, last dated September 16, 2014. 2. Copy of Permit No. 8195. 3. Photograph. 4. Application fee of $50.00. I 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. Sincerely, Robert E. Herrmann Coastal Management Specialist Enc. 1319 North Sea Road I Southampton, New York 11968 1 p 631.283.6360 1 f 631.283.6136 www.enconsultants.com environmental consulting James F. King, President Bob Ghosio, Jr., Vice -President Dave Bergen John Bredemeyer Michael J. Domino 0 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD 0 Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone(631)765-1892 Fax (631) 765-6641 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 1s' day of construction % constructed VProject complete, compliance inspection BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 8195 DATE: MAY 15, 2013 ISSUED TO: JOHN MONTOYA PROPERTY ADDRESS: 750 CEDAR POINT DRIVE EAST, SOUTHOLD SCTM# 90-2-18 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 a ±66' low -profile vinyl groin in-place of existing ±79' timber groin; construct approximately 101 linear feet of vinyl bulkhead in-place of and approximately 6" higher than existing timber bulkhead; construct new 10'x30' deck in place of and 5' landward of existing, and remove and replace adjacent ±3.5' wide existing stairway down embankment; remove and replace existing ±5'x6' platform and ±4'x7' steps to beach; and backfill with approximately 300 cubic yards of clean sand/loam fill to be replanted with native vegetation to restore storm eroded naturally vegetated embankment landward of bulkhead; and as depicted on the site plan prepared by En -Consultants, last dated May 30, 2013, and stamped approved on June 7, 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, John Montoya residing at 750 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. 2. 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. 3. 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. 4. 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. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. 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. 8. That the said Board will be notified by the Permittee of the completion of the work authorized. 9. 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 May 15, 2013 Mr. Robert E. Herrmann En -Consultants 1319 North Sea Road Southampton, NY 11968 0 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD RE: JOHN MONTOYA 750 CEDAR POINT DRIVE EAST, SOUTHOLD SCTM# 90-2-18 Dear Mr. Herrmann: 0 Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax(631)765-6641 The Board of Town Trustees took the following action during its regular meeting held on Wednesday, May 15, 2013 regarding the above matter: WHEREAS, En -Consultants on behalf of JOHN MONTOYA 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 a ±66' low -profile vinyl groin in-place of existing ±79' timber groin; construct approximately 101 linear feet of vinyl bulkhead in-place of and approximately 6" higher than existing timber bulkhead; and backfill with approximately 300 cubic yards of clean sand/loam fill to be replanted with native vegetation to restore storm eroded naturally vegetated embankment landward of bulkhead be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, the LWRP Coordinator recommended that the proposed application to repair existing 15'x30' deck as needed, remove and replace adjacent ±3.5' wide existing stairway down embankment; and remove and replace existing ±5'x6' platform and ±4'x7' steps to beach be found Inconsistent with the LWRP, and, 0 0 WHEREAS, the Board of Trustees has furthered the Local Waterfront Revitalization Program policy 6.3 to the greatest extent possible through the imposition of the following Best Management Practice requirements: deck to be shortened by 5' on seaward end and moved 5' landward; and, WHEREAS, a Public Hearing was 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 APPROVES the application of JOHN MONTOYA to construct a ±66' low -profile vinyl groin in-place of existing ±79' timber groin; construct approximately 101 linear feet of vinyl bulkhead in-place of and approximately 6" higher than existing timber bulkhead; construct new 10'x30' deck in place of and 5' landward of existing, and remove and replace adjacent ±3.5' wide existing stairway down embankment; remove and replace existing ±5'x6' platform and ±4'x7' steps to beach; and backfill with approximately 300 cubic yards of clean sand/loam fill to be replanted with native vegetation to restore storm eroded naturally vegetated embankment landward of bulkhead; and as depicted on the site plan prepared by En -Consultants, last dated May 30, 2013, and stamped approved on June 7, 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. 9 0 Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $ 0.00 Ve truly yours, Cz James F. King President, Board of Trustees • 0 g14FF014,ed Peter Young, Chairman w Town Hall, 53095 Main Rd. Lauren Standish, Secretary T P.O. Box 1179 'F Southold, NY 11971 y7/pl 01Telephone (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: JOHN MONTOYA to construct 66' low -profile groin in place of existing 79' timber groin (most seaward to be 13' to be permanently removed); construct approx. 101 If. of vinyl bulkhead in place of and approx. 6" higher than existing storm damaged timber bulkhead; stabilize and repair existing 15'X 30' deck as needed and remove and replace adjacent storm damaged 3.5'X wide stairway down embankment; remove and replace storm damaged 5'X 6' platform and 4'X 7' steps to beach; and backfill with approx. 300 cy. of clean sand/loam to be replanted with native vegetation to restore storm eroded naturally vegetated embankment landward of bulkhead to pre -storm conditions. Located: 750 Cedar Point Dr. East, Southold. SCTM#90-2-18 SUPPORT —recommend that bulkhead be no higher than adjoining bulkhead. Deck should be moved landward to new bluff edge, removable/retractable stairs installed. Align with adjoining bulkhead. Source of "clean fill" should be identified. Proposed by Doug Hardy, seconded by Derek Bossen. All in favor 0 James P. King, President Bob GhosioJr., Vice -President Dave Bergen John Bredemever Michael J. Domino 0 Southold Town Board of Trustees Field Inspection/Work Session Report Date/Time: S y -_/_J P.O. Box 1179 Southold, NY 11971 Telephone (631 765-1892 Fax (63 1 ) 765-6641 En -Consultants on behalf of JOHN MONTOYA requests a Wetland Permit to construct a ±66' low -profile vinyl groin in-place of existing ±79' timber groin; construct approximately 101 linear feet of vinyl bulkhead in-place of and approximately 6" higher than existing timber bulkhead; stabilize and repair existing 15'x30' deck as needed, and remove and replace adjacent ±3.5' wide existing stairway down embankment; remove and replace existing ±5'x6' platform and ±4'x7' steps to beach; and backfill with approximately 300 cubic yards of clean sand/loam fill to be replanted with native vegetation to restore storm eroded naturally vegetated embankment landward of bulkhead. Located: 750 Cedar Point Drive East, Southold. SCTM# 90-2-18 Type of area to be impacted: _Saltwater Wetland _Freshwater Wetland _Sound _Bay Distance of proposed work to edge of wetland PAlf'of Town Code proposed work falls under: _Chapt.275 _Chapt. 111 _other Type of Application: —Wetland _Coastal Erosion _Amendment E _Administrative_mergency Pre -Submission Violation Info needed: Modifications: Conditions: CyL -(]-� _X.-�!n%f C d" Present Were: � J. King /�B. Ghosio D. Bergen, ,-J- Bredemeyer /Michael Domino D. Dzenkowski Form filled out in the field by 1 e� Mailed/Faxed to: other 1 f y .rte.., ?I �. �� JF'•' J >L bo t Y FI ` \r ♦.y 6.46t._ c S� �j qt zz 7ohn Monbya SCTM# gowzAf S WIS E iJ 0 0 JOHN MONTOYA, 750 CEDAR POINT DRIVE EAST SOUTHOLD Figure 1. Looking northeast after Hurricane .Sandy at storm damaged timber bulkhead to be removed and replaced with vinyl bulkhead. Figure 2. Looking northwest after Hurricane .Sandy at .storm damaged timber bulkhead to be removed and replaced with vinyl bulkhead. 0 0 JOHN MONTOVA, 750 CEDAR POINT DRIVE EAST, SOUTHOLD Figure 3. Looking north after Hurricane Sandy at storm damaged bulkhead, stairway, platform, and steps to be removed and re- placed, at deck to be stabilized and repaired; and at storm eroded embankment to be renourished and revegetated. Figure 4. Looking south over embankment to be restored and at existing groin to be replaced with shorter, low profile, vinyl groin. 0 0 Figure 5. Aerial view of subject property and bulkhead in 2006. Photo by Google Earth. Figure 6. Aerial view of subject property and bulkhead in 2012 prior to Hurricane Sandy. Photo by Microsoft Corporation. 7 rv[CK fl4Y ReYPmpMy TU Senris Npenry v v • 0 �F� A EN -CONSULTANTS James King, Chairman Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 Re: John Montoya, 750 Cedar Point Drive East, Southold Dear Mr. King: JUN - 6 2013 June 5, 2013 As requested by the Board during the May 15, 2013, public hearing held on the captioned application, please find enclosed (3) copies of a project plan prepared by En -Consultants, last dated May 30, 2013, which has been revised to depict the existing 15' x 30' deck to be replaced with a 10' x 15' deck located 5' farther landward. Please note that although 1 am not certain how the respective lengths of the approximately 3' wide platform and stairs attached to the east side of the deck will be affected by the change in width and position of the deck in relation to the embankment, the overall length of the platform and stairs will need to increase from approximately 24 feet to 29 feet due to the 5 -foot landward shift in the deck. I have estimated on the revised plans that the stairs will be approximately 23 feet long and the platform 6 feet long, whereas the lengths of the previously existing stairs and platform were approximately 20 feet and 4 feet, respectively. Please let me know if you have any questions or require any additional information prior to being able to issue the requested Wetlands Permit. Res-ctfully yours, Robe E. Herrmann Coastal Management Specialist cc: John Montoya IS19Nnrtl �e,Ro,d �(nth;wir,L i N,, , ik V958 p05 23 � W6U '. 1631.283b I36 s OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 oF soajyo� 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 JOHN MONTOYA SCTM#1000-90-2-18 Permits for the deck or stairs were not found. En -Consultants on behalf of JOHN MONTOYA requests a Wetland Permit to construct a ±66' low - profile vinyl groin in-place of existing ±79' timber groin; construct approximately 101 linear feet of vinyl bulkhead in-place of and approximately 6" higher than existing timber bulkhead; stabilize and repair existing 15'x30' deck as needed, and remove and replace adjacent ±3.5' wide existing stairway down embankment; remove and replace existing ±5'x6' platform and ±4'x7' steps to beach; and backfill with approximately 300 cubic yards of clean sand/loam fill to be replanted with native vegetation to restore storm eroded naturally vegetated embankment landward of bulkhead. Located: 750 Cedar Point Drive East, Southold. SCTM# 90-2-18 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 a ±66' low -profile vinyl groin in-place of existing ±79' timber groin; construct approximately 101 linear feet of vinyl bulkhead in-place of and approximately 6" higher than existing timber bulkhead; stabilize; and backfill with approximately 300 cubic yards of clean sand/loam fill to be replanted with native vegetation to restore storm eroded naturally vegetated embankment landward of bulkhead repair is CONSISTENT with the LWRP. Further, it is my recommendation that the proposal to repair existing 15'x30' deck as needed, and remove and replace adjacent ±3.5' wide existing stairway down embankment; remove and replace existing ±5'x6' platform and ±4'x7' steps to beach is INCONSISTENT with LWRP Policies 6.3 (below) and therefore, INCONSISTENT with the LWRP, 6.3 Protect and restore tidal and freshwater wetlands. 9 0 A. 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 deck and stairs were constructed without Board of Trustee review or a Wetlands Permit. Further, pursuant to Chapter 275 Wetlands and Shorelines, the proposal to repair the 450 square foot unpermitted deck is not a permissible action pursuant to 275-11 Construction and operation standards( below). The unpermitted deck is oversized and is located on the 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. 12-20121 (b) Platforms may not exceed 200 square feet and must be landward of the top of bluff. Figure 1. Subject parcel showing 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 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only oastal Erosion Permit Application Wetland Permit Application Administrative Permit —Amendment/Trans e /Ext sion �Feeeived Application: ��// eceived Fee: ompleted Application 3 SEQRA Classification: type IType IIUnlisted Coordination: (date sent) v LWRP Consistency Asses ment orm t�AC Referral SenC S �3 _Date of Inspection: 3 _Receipt of CAC Report: Lead Agency Determination: �clinical Review: i , �-I q blic Hearing Held: Resolution: Name of Applicant John 70 Great Oak Road Address Manhasset, NY 11030 Phone Number: 51 532-0344 Suffolk County Tax Map Number: 1000 Property Location: 750 Cedar Point Drive 90-2-I8 Southold (provide LILCO Pole #, distance to cross streets, and location) AGENT: En -Consultants (If applicable) Address: 1319 North Sea Road, Southampton, NY 11968 Town Hall, 53095 Main Rd. P.O. Box 1179 Southold,NY 11971 Telephone (631) 765-1892 Fax(631)765-6641 631-283-6360 �Q�ysuFFo�,��o James F. King, President Bob Ghosio, Jr., Vice -President w +� Dave Bergen John Bredemeyer Michael J. Domino BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only oastal Erosion Permit Application Wetland Permit Application Administrative Permit —Amendment/Trans e /Ext sion �Feeeived Application: ��// eceived Fee: ompleted Application 3 SEQRA Classification: type IType IIUnlisted Coordination: (date sent) v LWRP Consistency Asses ment orm t�AC Referral SenC S �3 _Date of Inspection: 3 _Receipt of CAC Report: Lead Agency Determination: �clinical Review: i , �-I q blic Hearing Held: Resolution: Name of Applicant John 70 Great Oak Road Address Manhasset, NY 11030 Phone Number: 51 532-0344 Suffolk County Tax Map Number: 1000 Property Location: 750 Cedar Point Drive 90-2-I8 Southold (provide LILCO Pole #, distance to cross streets, and location) AGENT: En -Consultants (If applicable) Address: 1319 North Sea Road, Southampton, NY 11968 Town Hall, 53095 Main Rd. P.O. Box 1179 Southold,NY 11971 Telephone (631) 765-1892 Fax(631)765-6641 631-283-6360 Beard of Trustees Applicati* GENERAL DATA Land Area (in square feet): +/-25,514 Area Zoning: R-40 Previous use of property: Residential, single-family dwelling 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 X 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 +/-66' low -profile vinyl groin in place of existing +/-79' timber groin (most seaward +/-13' to be permanently removed); construct approximately 101 linear feet of vinyl bulkhead in place of (and approximately 6" higher than) existing storm damaged (Hurricane Sandy) timber bulkhead; stabilize and repair existing 15' x 30' deck as needed and remove and replace adjacent storm damaged +/-3.5' wide stairway down embankment; remove and replace storm damaged +/-5' x 6' platform and +/-4' x 7' steps to beach; and backfill with approximately 300 cubic yards of clean sand/loam fill to be replanted with native vegetation to restore storm eroded naturally vegetated embankment landward of bulkhead to pre -storm conditions, all as depicted on the project plan prepared by En -Consultants, dated April 23, 2013. B� of Trustees Application • WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: to replace and maintain an existing stun, dm,aged bulkhead, to restore the stone eroded naturally vegetated embankment landward of bulkhead; and to replace and nmintain the existing groin that sones a historical role ofcroison control at this site throngh beach retention. Area of wetlands on lot: 0 sauare feet Percent coverage of lot: 0 x 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? X No Yes If yes, how much material will be excavated? N/A cubic yards How much material will be filled? +/-300 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 300 cubic yards clean sand/loam fill will be dumped and graded behind bulkhead as backfill to restore storm eroded naturally vegetated 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 approximately 6" higher) to restore and maintain the property's historical method of shoreline stabilization and to provide a reasonable increase in protection against erosion and flooding; and to maintain the historically existing groin as the erosion control structure that serves the role of beach retention along the subject shoreline together with neighboring groins located to the west and east. Other than the ecological benefit of replacing the treated timber bulkhead and groin with untreated vinyl sheathing, and restoring the naturally vegetated embankment that will continue to serve as a nonturf buffer, 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 SSQR APPENPEN DIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1 - PROJECT INFORMATION ( To be completed by Applicant or Project Sponsor) 1. APPLICANT / SPONSOR 2. PROJECT NAME John Montoya 3. PROJECT LOCATION: Municipality Southold County Suffolk 4. PRECISE LOCATION: Street Address and Road Intersections. Prominent landmarks etc - or provide map 750 Cedar Point Drive East, Town of Southold, SCTM #1000-90-2-18 5. IS PROPOSED ACTION: ® New ❑ Expansion ❑ Ivtxtlfleation / alteration 6. DESCRIBE PROJECT BRIEFLY: Construct +/-66' low -profile vinyl groin in place of existing +/-79' timber groin (most seaward +/-13' to be permanently removed); construct approximately 101 linear feet of vinyl bulkhead in place of (and approximately 6" higher than) existing storm damaged (Hurricane Sandy) timber bulkhead; stabilize and repair existing 15' x 30' deck as needed and remove and replace adjacent storm damaged +/-3.5' wide stairway down embankment; remove and replace storm damaged +/-5' x 6' platform and +/-4' x 7' steps to beach; and backfill with approximately 300 cubic yards of clean sand/loam fill to be replanted with native vegetation to restore storm eroded naturally vegetated embankment landward of bulkhead to pre -storm conditions, all as depicted on the project plan prepared by En -Consultants, dated April 23, 2013. 7. AMOUNT OF LAND AFFECTED: initially 0.5857 acres Ultimately 0.5857 acres 8. W ILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? ®Yes El No If no, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) ® Residential E] Industrial ElCommercial Agriculture O 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 El No If yes, list agency name and permit/ approval: NYSDEC ffian ane Sandy GP, USACOE Ne,,ae,,de Perm. 143 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes No If yes, list agency name and permit / approval: 1f5 A RkLT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? Yes No I CERTIFY TH T THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant /Sponsor Nann obert E. Herrmann, Coastal Management Specialist Date: April 23, 2013 Signature -- If the action is a Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment LJ PART 11 - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. Yes 1:1 No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration ni 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) 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 problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, other natural or cultural resources; or community or neighborhood character? Explain briefly: 0. Vegetation or faun, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or a chane in use or intensity of use of land or other natural resources? Explain brieFl 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 C1-05? 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 ENVIRONMENTAL AREA (CEA)? If yes, explain brief) : Yes ❑ No E. IS THERE, OR IS THERE LIKELY TO BE CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If ves explain. Yes ❑ No PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant Each effect should be assessed in connection 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 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 you have identified one or more potentially large or significant adverse hnpaets which MAY occur. Then proceed directly to the FULL. EAT andlor prepare a positive declaration. Check this box if you have determined, based on the infornution and analysis above and any supporting doeunneritation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination. J Name of Lead Agency Dat TType am— eeoof es�.ible icer m LeadAgency Title of Responsible Officer Signe of esp�I onssi e Ofr e O Pmer in Lear , cy Signature of Preparer (If different from responsible officer) 0 0 NOTICE TO ADJACENT PROPERTY BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: John YOU ARE HEREBY GIVEN NOTICE: SCTM# 1000-90-2-18 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Construct +/-66' low -profile vinyl groin in place of existing +/-'79' timber groin (most seaward +/-I Y to be permanently removed); construct approximately 101 linear feet of vinyl bulkhead in place of (and approximately 6" higher than) existing storm damaged (Hurricane Sandy) timber bulkhead; stabilize and repair existing 15' x 30' deck as needed and remove and replace adjacent storm damaged +/-3.5' wide stairway down embankment; remove and replace storm damaged +/-5' x 6' platform and +/-4' x 7' steps to beach; and backfill with approximately 300 cubic yards of clean sand/loam fill to be replanted with native vegetation to restore storm eroded naturally vegetated embankment landward of bulkhead to pre -storm conditions, all as depicted on the project plan prepared by En -Consultants, dated April 23, 2013. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 750 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 (g 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. John Montoya PROPERTY OWNERS NAME: 70 Great Oak Road MAILING ADDRESS: Manhasset, NY 11030 PHONE#: 516-532-0344 AGENT: En -Consultants MAILING ADDRESS: 1319 North Sea Road, Southampton, NY 11968 PHONE #: 631-283-6360 Enc: Copy of sketch or plan showing proposal for your convenience. *LOOF OF MAILING OF NOTICE• ATTACH CERTIFIED MAIL RECEIPTS I\FTi�i. Revocable Trust F/B/O Ellen M. Violett c/o Ellen M. Violett, Trustee John Reardon Jacqueline Moskowitz Marc & Deidre Sokol SPATE OF NEW YORK COUNTY OF SUFFOLK Robert E. Hermann 1319 North Sea Road Address: 230 East 50th Street New York, NY 10022 P.O. Box 1197 Southold, NY 11971 515 East 79th Street, Apt. 20D New York, NY 10019 965 Cedar Point Drive East Southold, NY 11971-2025 doing business at En -Consultants Southampton, NY 11968 , being duly sccom deposes and says that on the 25 & 30 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 led to each of said persons by (certified)(rxMiskeaed) mail. Robert E. Herrmann Coastal Management Specialist Sworn to before me this 30th day of April 2013 KIM H, STMENS NOTARY PUBLIC STATE OF NEW YORK COMMISSION N0. 5015837 Notary, ublic IFIEO I` S!'FFlLK COUNTY EXPIRES A<%15i 7:- goi3 Postal CERTIFIED MAIL. RECEIPT Mail Only. No insurance Coverage Provided) Er .. ry m 17 Postage $ ru Codified Fee J O Postmark OReturn Receipt Fee (Endorsement 'n 2 -R¢ ¢ ._ � r� C3 Endorsement Required) �L1Vtlr3 Restricted Delivery Fee / O (Endorsement Required) p 1pe.w+� C:3Total Pnctana R Fee, T t M \ =Y ru Sent i a Jaqueline A. Moskowitz C3 Simi 515 East 79d Street Apt. 20D f` or PO New York, NY 10021 City, 5 JliYitillii 0 U.S. Postal ServiceTe CERTIFIED MAIL. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery Information visit our website at www.uspe.com® T Postage $, ru w Cedded Fee t O Return Receipt Fee Here E7 (Endorsement Required) / Restricted Delivery Fee O (Endorsemem Required) O Total Pc -'--- m rid L John Reardon � P.O. Box 1197 rySouthold, NY 11971 Postal CERTIFIED MAIL. RECEIPT .o(Domestic .J3 It 'tea- m Postage $ oJ��PMPTpN2 lr) f Certified Fee rq Postmark 0 Return Receipt Fee r C3 (Endorsement Required) 0 Restricted Delivery Fee O (Endorsement Required) ry ( rs V'1 Total Real °- c......42 ri ra sent Te Marc & Deidre Sokol o s"moi• Ap` Ni 965 Cedar Point Drive E r, or PO Ban No - Ciry slate• -zit Southold, NY 11971-2025 :rr Postal CERTIFIED MAIL. RECEIPT RR .. ryMR n m ry S711--l(t Postage $ 1 ,_`� N,�+�` �'Fa.4 rtified Fee 4Postmark C3ceipt M Fee Required) .�pppp aWa APR 2 5 013 livery Fee Requiretl) Ln O Total.,. ° c.,,... d: i _ FIR Sent i Revocable Trust FB/O Ellen M Violett ru ra Ellen M. Violent Trustee -- -- ----- M ------c/o orreet ED 230 East 50" Street cl67,3 New York, NY 10022 __.._ Postal CERTIFIED MAIL. RECEIPT Mail Only. No insurance Coverage Provided) Er .. ry m 17 Postage $ ru Codified Fee J O Postmark OReturn Receipt Fee (Endorsement 'n 2 -R¢ ¢ ._ � r� C3 Endorsement Required) �L1Vtlr3 Restricted Delivery Fee / O (Endorsement Required) p 1pe.w+� C:3Total Pnctana R Fee, T t M \ =Y ru Sent i a Jaqueline A. Moskowitz C3 Simi 515 East 79d Street Apt. 20D f` or PO New York, NY 10021 City, 5 JliYitillii 0 U.S. Postal ServiceTe CERTIFIED MAIL. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery Information visit our website at www.uspe.com® T Postage $, ru w Cedded Fee t O Return Receipt Fee Here E7 (Endorsement Required) / Restricted Delivery Fee O (Endorsemem Required) O Total Pc -'--- m rid L John Reardon � P.O. Box 1197 rySouthold, NY 11971 Postal CERTIFIED MAIL. RECEIPT .o(Domestic .J3 It 'tea- m Postage $ oJ��PMPTpN2 lr) f Certified Fee rq Postmark 0 Return Receipt Fee r C3 (Endorsement Required) 0 Restricted Delivery Fee O (Endorsement Required) ry ( rs V'1 Total Real °- c......42 ri ra sent Te Marc & Deidre Sokol o s"moi• Ap` Ni 965 Cedar Point Drive E r, or PO Ban No - Ciry slate• -zit Southold, NY 11971-2025 :rr O�30FFik rCO James F.King, President - Town Hall, 53095 Main Rd. Bob Ghosio, Jr., vice -President t P.O. Box 1 179 Dave Bergen Southold,NY 11971 John Bredemeyer -q61 Telephone (631) 765-1892 Michael J. Domino ! .1'`b Fax (63 1) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of JOHN MONTOYA COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I Robert F. Herrmann xSaidin#1 at /dba En -Consultants 1319 North Sea Road, Southampton, NY 11968 being duly sworn, depose and say: That on the �day of Mi= C 2013, I personally posted the property known as 750 Cedar Point Drive East, Southold, SCTM# 1000-90-2-18 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 hearing. Date of hearing noted thereon to be held Wednesday, Mev 15, 2013. Dated: Sworn to before me this 15th day of May 2013 ar Public NIM N. STEPHENS NOTARY PUBLIC STATE PF K'EFORK CO MMI SSI0N N0. 5015931 QUALIFIED IN SUFFOLK C0UNTY EXPIRES AUGUST 2, 201.) NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD BOARD OF TRUSTEES at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. • �ohr� Mon- oya OWNER(S) OF RECORD: To construct a ±66' low -profile vinyl groin in-place of existing ±79' timber groin; construct approximately 101 linear feet of vinyl bulkhead in-place of and approSUBJECT OF PUBLIC HEARING: bulkhead; ly gher ng timber bulkhead; stabilize and repair existing 15'x30' deck as needed, and remove and replace adjacent ±3.5' wide existing stairway down embankment; remove and replace existing ±5'x6' platform and ±4'x7' steps to beach; and backfill with approximately 300 cubic yards of clean sand/loam fill to be replanted with native vegetation to restore storm eroded natural) vegetated embankment landward of bulkhead. TIME & DATE OF PUBLIC HEARING: lti�n�e�a�/, n1 aY 1 S, o�v� 3 -odor o�bo�i' S.� 3v P/►� w If you have an interest in this project, you are invited to view the Town file(s) which are available for inspectionrior to the day of the hearing during normal business days between the hours ofp8 a.m and 4 p.m. BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631) 765-1892 0 0 Board of Trustees Application County of Suffolk State of New York 0� N �\N 0 lti- C f / a-- BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. SWORN TO BEFORE ME THIS 10 Notary PMgV Y OF lttlwx L 20 J L- Vt.1h(. i JOAQUIN Notary Pudic - State of New York NO. OIJ06244399 Qualified in Nassau County _ My Commission Expires 7 . - r 11 Board of Trustees Application 0 AUTHORIZATION %` (where the applicant is not the owner) /M q �00!�/ residing at r7(9 Gv,-e a C(T r,k RK, (print owner of property) (mailing address) �sJN7/030 do herebyauthorizeE�%'�.OnS�I}�S / 3 9 do v -+L S Q (Agent) P b- O �- S o (M Dh FJY /I to apply for permit(s) from the Southold Board of Town Trustees on my behalf. ( wnees signature) 9 0 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM necessary to swoon same. YOUR NAME: M O h—� OY & r (Last name, first namid, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If an, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Variance Change of Zone Approval of plat Exemption from plat or official map Other (If "Other", name the activity.) Building Trustee Coastal Erosion Mooring Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business 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 then 5% of the shares. YES NO V 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/agent/representative) 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 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 iron -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 Submitted is I da} of "-6e)^be'r 206 d Signature L � Print N A K O! 0 0. Form TS 1 Town of Southold * 0 LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS I. All applicants for perm its' including Town of Southold agencies, shall cam plete this CCAF for proposed actions that are subject to the Town of Southold W aterflontConsistency Rel'iew Law This assessm ent is intended to supplem en other inform ation used by a Tow n of Southold agency In in a k i n g a d e t e r m i n a t i o n of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both supporting and non - 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 Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION E,' J (�- IrI'= SCTM# 90 2 is � PROJECT NAME John Montoya APA 2 3 13 The Application has been submitted to (check appropriate response): I Bar Town Board ❑ Planning Board ❑ Building Dept. ❑ Board of Trustees 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 +/-66' low -profile vinyl groin in place of existing +/-79' timber groin (most seaward +/-13' to be permanently removed); construct approximately 101 linear feet of vinyl bulkhead in place of (and approximately 6" higher than) existing storm damaged (Hurricane Sandy) timber bulkhead; stabilize and repair existing 15' x 30' deck as needed and remove and replace adjacent storm damaged +/-3.5' wide stairway down embankment; remove and replace storm damaged +/-5' x 6platform and +/-q' x 7' steps to beach; and backfill with approximately 300 cubic yards of clean sand/loam fill to be replanted with native vegetation to restore storm eroded naturally vegetated embankment landward of bulkhead to pre -storm conditions, all as depicted on the project plan prepared by En -Consultants, dated April 23, 2013. Location of Site acreage n u 750 Cedar Point Drive 0.5857 acres Southold Present land use: Residential, one -family dwelling. Present zoning classification: R-40 C_1 2. 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: John (b) Mailing address: 70 Great oak Road NY 11030 (c) Telephone number: Area Code 516-532-0344 (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 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. ElYes ❑ 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 0 0 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 See attached 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 HI - Policies; Pages 22 through 32 for evaluation criteria. ® Yes 0 No ❑ Not Applicable 0 0 JOHN MONTOYA 750 CEDAR POINT DRIVE EAST SOUTHOLD,NY SCTM 41000-90-2-18 LWRP CONSISTENCY ASSESSMENT FORM Policy 4. The project seeks to replace an existing timber groin with a shorter, lower profile vinyl groin in the same location and 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. Since prior to 1960, the beach has been stabilized by the subject and neighboring groins and the subject upland has been improved with and supported and protected from flooding and erosion by a bulkhead. There is no viable non-structural alternative means of maintaining and protecting the upland portion of the property in its current location, as 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. Additionally, the fetch and exposure of this location to the bay warrants the continued use of the groin to slow and trap the predominately west to east migration of sand, where vegetation is not a practical beach retention method. However, the replacement groin is designed to the minimum scale necessary, as the existing +/-79' structure will be replaced with a 66' structure terminating at low water; and the existing groin height will be lowered to a low -profile design. Therefore the project is consistent with Policy 4. Other than the ecological benefits of replacinAmated timber bulkhead and groin with untreatdtyl sheathing and restoring and maintaining the naturally vegetated embankment as a nonturf buffer, 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. The project does also include the permanent removal of the most seaward +/-13 linear feet of the existing groin, thus removing structure from the subtidal zone. Therefore, to the extent Policy 6 is applicable to the project, the proposed work is consistent with the policy. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ® Yes ❑ No F1 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 bulkhead will in no way impede or preclude public access along the adjacent shoreline, and the height of the shortened groin will be reduced to a low -profile design, thus enhancing public access along the shoreline both over and around the groin. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's watetependent uses and promote siting Asew water -dependent uses in suitable locations. See LWRP Section IF, - Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable 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 ❑ 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 W (--- TITLE Coastal Mgmt. specialist DATEApril 23, 2013 Amended on 811105 • 0 -n EN -CONSULTANTS April 23, 2013 Town of Southold Board of Trustees 54375 Main Road Post Office Box 1 179 Southold, New York 11971 Re: John Montoya 750 Cedar Point Drive East, Southold SCTM #1000-90-2-18 Dear Board of Trustees: In regard to the above referenced property, enclosed are the following for the Board of Trustees review: 1. Three (3) Wetland Permit Applications including: a) Short Environmental Assessment Form; b) Authorization & Disclosure Forms; c) project plans prepared by En -Consultants dated 4/23/13; and d) survey. 2. One (1) set of site photographs. 3. Application fee of $250.00 wetlands. 4. Three (3) LWRP Consistency Assessment Forms including: a) project plan. I trust this information shall allow you to process our permit request. Should any additional information be r uired, please do not hesitate to contact our office. Sin erely, Robert E. Herrmann Coastal Management Specialist /khs Enc. rorb i-8 p6311ts'b hG lo;1 '8;.6196 - --- - Southold Town Board - Let• 40FA,� Boar*eeting of March 26, 2013 RESOLUTION 2013-280 ADOPTED Item # 5.44 f10Z411911G 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 EN -CONSULTANTS 1319 NORTH SEA ROAD -PH. (631) 283-6360 SOUTHAMPTON, NY 11968 5702 DATE 50-666-214 OF 1 UI A AJ1 O \ �'C3Y�Vw'Oi 00 BRIDGEHAMPTON . .rruu •u.o NATIONAL urw�ros, er+uee BANK .bnapmb.com FOR Qb1Vl WI6VAbVCL M EN -CONSULTANTS 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 631.283.6360 Q,1)_j Notes: I. purpo e: k'eplaemerlt of gvin ad slam dans-,ted (lirricw 5aidy) Wkhead 2. Datum: ALW - 0 - Or, 3. New bulkhead to be raised 6" hk4ler that =istirq to match height of rew vinyl Wkhead to east ad distracted with viryl sheathirq and CCA -treated stnlc i timbers; all hardware to ke hot -dipped 0,Avm1zed steel 4. Appra, 500 W cleat sad/ ban fill to be ticked in from ori uplad 5arce ad used to rerarish storm eroded embakmenb to be replaited with riative vec}etabion (e.61., beach class, sw&hw{ . bayberry) ad maintalred as + 25' wide mb if Wer; portion of embAffe tad vegetation dishrbed during ca5tructim to be mmilaly restored 5. New groin to be calstructed with low -profile design: d15tare from tap of groin to tap of now bulkhead to be no less thai + 42 fnhe5 ( 5ee cro55view for details) b, plat ad crossview diagrans are 5cl ernauc in nacre ad ore Intended oiy to establish project laation, scope, ad basic cantn;cticn detalls far PermrWnci purposes ad are rob intervkd to serve as or substitute for aciireerirg or ca5tr etm play fa- corst tion purposes 7. project laation: 150 Ceda point Dive East, 5athdd; 5CfM No, 1000-90-2-18 STORM ERODED EMBANKMENT T, ADJ. STORM DAMAGED BLKHO. (SEE APPLICATION BY VIOLETT) APPROX. 101 L.F. OF VINYL BULKHEAD TO BE CONSTRUCTED IN PLACE OF (& APPROX. 6" HIGHER THAN) EX. STORM DAMAGED (HURRICANE SANDY) TIMBER BULKHEAD 2 O fr z' a - 20;0 /0 ro DATE rR ___7Sf &YG RgGf `\ RALLY VEGETATED RENOURISHED & REVEGETATED OF BANK ,r \COUR M ----41W +13' SECTION OF GROIN JUN - 6 2013 TO BE PERMANENTLY REMOVED\ V 'ROVED BY ) OF TRUSTEES OF SOUTHOLD ✓v1-1 -7 Z e,, 3 PROP. 10' z 30' DECK IN PLAC—E M7 5' L DWARD OF) M 15' x 30' DECK j• EX. STORM DAMAGED STAIRS, PLATFORMS & STAIRS TO BE _ REMOVED & REPLACED PROPOSED 66' LOW—PROFILE, VINYL GROIN TO BE CONSTRUCTED IN ,PLACE OF EX. +79' TIMBER GROIN PWP05612 ftLKHW ANn GROIN ffnAaWNT FOk JOHN MONTOYA ON OfSF MCONIC PAY, 501NOL19, SUFFOLK COUNTY, NY 5[fFf I OF 2 4/ 23/ 0, 5/ 30/ 1'5 5�CfV0 l THFU IN-pLACS PFrLACFMFNf 10' -Hl (Vf) FX. Sfo2M 17AMA(ArT PI,ATI (,'M & W') (r)N r,m slrx oP rPrcx> Io re r &wovry & PROM. , 10' x + 30' DMGK N PLArk oP ( Mp -MVWVOP> Lx • is A' ti A PO"T" '; OrV,,Fr..'i/I?r:PNAI11RAJ,r',r,,`:lAliD MGhNKMrV� `o Gr �'"Vr��l�7&'� ;r'fr^^A9=i t'..Ai%OMM RAILIN(%i MM',P�i(EJ L oV, MM,il''L C vl Yx '73C r'iN �1ti1C.1TV Sl M' ,,,� IN PLA'.I 'iF fXl51IN. "d' �'Mf3" nbo'N — AA, 'or U -AMP h C _—_-- rp (r,JVPJ ,, lrorrl ' EX IM I� ' 11f'' .�r' ;•' rF� ;.i.P W d �4'INGER p 8" ,SEN">MNJ pR(Y' VINV rllKNYJ N'P"kE()I- < R 7E<R AMW b 'IM, CX)foRMVANAWr)IIMrrrN11.KIEAr) b NV. KATHIN(e 10''K10 f IL `> t8' M�I,ES F,' VIM'I. 7�A1NIN!. SUR\/EY OF LOT 104 "SUBDIVISION MAP OF GEDAR BEAGH PARK" FILED IN THE OFFIGE OF THE GLERK OF SUFFOLK COUNTY DEG. 20, IG2-7 AS MAP NO. GO 51TUATE: BAYVIEW TOWN: 5OUTHOLD SUFFOLK COUNTY, NY SURVEYED: MAY 28, 2008 UPDATED: APRIL 3, 2013 APRIL 23, 2013 SUFFOLK GOUNTY TAX # 1000-90-2- IS C�l'�:ZLYI:LWF 4t JOHN MONTOYA NOTES: ■ =ae � rM- m /0 W� /- _T_O_P pF BANK I APR 2 3 ?^'3 —•��1,tdTt[y 1• 2S7- HpU5E s P,� RASE 0/�3. %IKHEAD 42.739 BEAcN N84°13'41 "W R 5816, osiv MONUMENT FOUND Area = 25,514 S. F. Area = 0.585-7 Acres 6RAPHIG SCALE I"= 30' /; O O J N W E S � / A JOHN C. EHLERS LAND SURVEYOR 6 HAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERS EAD, N.Y. 11901 369-8288 Fax 369-8287 REF.C:%UsersUobuMDropboxa8W8a8-157.pro