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HomeMy WebLinkAboutEmery, Ellen F 1999 Revocable Trust �oF S0(/P Michael J. Domino, President ®� y®�® Town Hall Annex John M.Bredemeyer III,Vice-President { 54375 Route 25 11 0 P.O. Box 1179 Charles J. Sanders cn ah= Southold,New York 11971 Glenn Goldsmith Telephone(631) 765-1892 A.Nicholas Krupski ��C®U Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD The following action was taken by the Southold Town Board of Trustees at a Special Work Session Meeting held on Friday, April 7, 2017: WHEREAS, on January 17, 2014 a Wetland Permit application was received from Lark & Folts, Esqs. on behalf of ELLEN F. EMERY 1999 REVOCABLE TRUST, located at 5925 Nassau Point Road, Cutchogue, SCTM# 1000-111-13-6; and WHEREAS, on December 30, 2015 the above referenced application was denied by this Board; and WHEREAS, there was subsequent litigation in the Supreme Court of the State of New York, County of Suffolk; and NOW THEREFORE BE IT RESOLVED, that due to recent developments, proceedings and orders of the Supreme Court of the State of New York, the Board of Trustees for the Town of Southoldhereby sets aside the previous determination and allows the applicants to amend their application in accordance to the various stipulations and orders of the Supreme Court. -74 r - " Ilk- 4;r ? t�'": � � .'`°^iiia° � `�;-.• `� :- .r°- ;fly - ? '+� •"'"+�,�. •'~�; - ", a J' I :!1 . yip��M R". � •+ t? � -: w - � \. ,4 ,. � - .� �.'�� syr,:", ..• r >�,�Y, !� � _ �� 4 .100 ". ., 14/i20=16 13 ' 34' w 0-0 or 97s5oe 1 is11Me21Zo/14" December 30, 2015 Richard F. Lark, Esq. Lark & Folts PO Box 973 Cutchogue, NY 11935 RE: ELLEN F. EMERY 1999 RE TRUST 5925 NASSAU POINT ROAD, UTC ' O-m E SCTM# 1000- Dear Mr. Lark: The Boar of Fwn Trus ees too t e o lowing ction during its regular meeting held on Wednes a. , ecember 30, 015 regartlinga he Bove matter: WHERE Richard F. ark, Esq. on behalf of ELLEN F. EMERY 1999 REVOCABLE TRUST ap ied to the So oId Town Trustees for a permit under the provisions of Chapter 275 - e Southol Town Code, the Wetland Ordinance, original application dated January - 2014 and ised application dated June 30, 2015, and, WHEREAS, said application as referred to the Southold Town Conservation Advisory Council and to the L ' 'M rfront Revitalization Program Coordinator for their findings and recommendations in February 2014 and again in August 2015, and, WHEREAS, the LWRP Coordinator recommended that the proposed application be found Inconsistent with the LWRP, and specifically Inconsistent with the following coastal policies: Policy 6.3 — Protect and restore tidal and freshwater wetlands, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on February 19, 2014, on August 19, 2015, on September 16, 2015, and 40 a* again on October 21, 2015, 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 structures, namely the vinyl sheet retaining wall with a 12' return and a 25' return located 7' to ±10' landward from top of bluff; the has-built 80' timber pile tongue-and-groove retaining wall with two 8' returns•located ±25' landward of bulkhead (buried); as-built bluff stairs from top of bluff to beat; consisting of a 4'x7' access platform leading to a 4'x28' set of stairs with associated 75sq:ft. landing to a 4'x7' set of stairs with associated 95sq.ft. landing to a 4'x17.' set of stairseading to a 4'x13' walkway with a 4'x10' set of stairs to beach parallel to bulkhead,As applied for does not comply with the standards set forth in Chapter 275 of the Town Cbdb;.specifically 275- 5A Permit Procedures - Permit required. standing any pnor rse of conductor permission granted, no person shall conduct operations on any area with,, Trustee jurisdiction (§275-3C) without first obtaining a written permit therefor issued by the Trustees as hereinafter provided andd� only�while such permit remains in effect; Chapter 275-11A(8) No structures on beaches;bluffs, .or dunes unless approved by the Board at its discretion based on its site inspecbn; Chapter 275-11�A(�(a) Construction and Operation Standards -plattorms, associated with tairs mayl�lot be larger than 100 square feet; Chapter 275-11 `,f) in orderpevFent the release of metals and other sem. �n contaminants into the wetlands and water Southold, the use of lumber pretreated with any preservative, including, but not limited to, chromated copper arsenate (also known as "CCA' , pent oduc s alkaline copier quaternary (ACQ), or homemade wood 4, 6,irvativbs-gis 041Mroh'bi e, for use in sheat�liing and decking on structures in the wetland, well Mscotinm; any pa: of a strut urein' low-tidal-flow wetland areas as determined. by the Trustees. An° use of creosote is prohibited. Preservatives of any type, including but not limited,to, thogse listed above, cannot be applied to any bulkheads,re wining walls orevetme�ts after installation..., and, WHEREAS, the kBoaTd has determined that the structure, as applied for does not comply with the standards set�forth in Chapter 275-12, Standards for Issuance of a Permit, as the construction of the as-built structures may have weakened or undermined the lateral support of other lands in the vicinity; adversely affects the health, safety and general welfare of the people of the Town; adversely affects the aesthetic value of the wetland and adjacent areas, and, NOW THEREFORE BE IT RESOLVED, for the foregoing reasons, and based upon the application's failure to meet the standards contained in Chapter 275 of the Town Code, that the Board of Trustees deems the proposed project to be Inconsistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, based on the extensive attempts by the Board of Trustees to make compromises regarding modifying the as-built structures, and the unwillingness of the applicant to make any compromises to the existing structures along with the continued construction of structures without a valid Trustee permit, and, BE IT FURTHER RESOLVED that the Board of Trustees DENIES WITHOUT PREJUDICE the application of ELLEN F. EMERY 1999 REVOCABLE TRUST for the as-built 1 00' timber pile, vinyl sheet bulkhead; as-built 80' timber pile tongue-and-groove retaining wall with two 8' returns located ±25' landward of bulkhead (buried); as-built 80' mid-bluff timber pile 7V tongue-and-groove retaining wall with two 8' returns located ±55' landward of bulkhead; as-built 85' timber pile, vinyl sheet retaining wall wit 2' return and a 25' return located 7' to ±10' landward from top of bluff; as-built b u: stairs from top of bluff to beach consisting of a 4'x7' access platform leading to a 4'x28' set of stairs with AM associated 75sq.ft. landing to a 4'x7' set of stawith associa 95sq.ft. landing to a 4'x17' set of stairs leading to a 4'x13' walkwa; ith a 4'x10' se of`stairs to beach parallel to bulkhead; as-built ±1,800 cubic yards clean fill spread e e between retaining walls to replace lost bluff material%ifflplacement on top thereof an erosion control jute matting with plantings of American beach grass and environ,, tal grasses; MMI as-built drainage system to direc Of ain and surfac ater away from the house foundation and upland retaining waroviding a der i:age swale with a 6-inch perforated pipe to drywells in the fro�tka d a ea; at the fop of the bluff on the northerly property line, propose to extend the mid-bluff timbetongue- nd-groove retaining wall 14' to the northerly prope ne; extentl, he vinyl eet pile etaining wall landward from the top of the bluff 2 o the ortherly prope. line; construct along the northerly property linea 6'x6 i :ber pile :d lagge step-down binwall with 8 inch pile posts 10' long; remove small 0 nging Ii of vegetation at top of bluff to establish natural angle of repose; cle ush from top of`t:e slope, dd ±20 cubic yards of clean sand and re rad s necessary' place woven geote_ ile on re-graded area, and plant with beach grass d other env roental passes; and r:�lated minor steps to complete project and restore andscaping; at out`' property line, propose to extend retaining wall approxima ely 8' to the prope y line; it crease height of retaining wall by 18 inches; reinforce with -elical anchors repair existing timber bulkhead wall at bottom by replacing dam ge walers; clear brush; add ±10 cubic yards of clean sand and re-grade as necessary; place woven geotextile on re-graded area and plant with beach grass and other environmental grasses, nd related minor steps to complete project and restore landscaping; with the con i ions that all structures built without a Trustee permit be removed prior to March fw,2016; and all structures built that have been approved under previous Trustee permits but whose dimensions do not comply with those set under the previous Trustee permits, be modified to comply with construction standards indicated on the previously approved permit by March 1, 2016; and as depicted on the site plans prepared by Dan Seligmann, PE, last dated June 15, 2015, and received on June 30, 2015'. This is not a determination from any other agency. Very Truly Yours, John M. Bredemeyer III, President Board of Trustees JMD/eac v Minutes Wednesday, December 30, 2015 8:00 a.m. Present Were: John Bredemeyer, President Michael Domino, Vice-President Jim King, Trustee Dave Bergen, Trustee Elizabeth Cantrell, Senior Clerk Typist CALL MEETING TO ORDER TRUSTEE BREDEMEYER: We are here for the purpose of a Special Meeting. It is 8:00 a.m., December 30. Notice having already been published. In the matter of the reopening of the Wetland Permit application of Lark & Folts on behalf of Ellen Emery 1999 Revocable Trust, the two page notice by reference we will incorporate the two page notice of the meeting as part of the record of this meeting. At this time I will open this matter up for discussion and possible resolution. TRUSTEE BERGEN: I believe the public hearing was closed at the last meeting is that correct TRUSTEE BREDEMEYER: It is my understanding. The Clerk indicates yes the public hearing was closed at the last meeting. TRUSTEE BERGEN: Then I would like to offer a Resolution in this matter. TRUSTEE BREDEMEYER. Please go forward. TRUSTEE BERGEN:' I have reviewed the file related to the different applications and associated hearings which have taken place regarding the Emery property since September 2011. 1 noted the following: Permit 7652 issued in September 2011 included language specific to the size of landings being 32 square feet which was the code at the time. I noticed in the minutes in the testimony of Miss Emery's attorney her statement that Miss Emery had no clue that a permit was required for the Town of Southold for work to be done. Yet our records indicate that Miss Emery applied for and received Trustee Permit 111-13-6 in January of 1993 for work related to the property. Later in the Board of Trustees _ 2 December 30, 2015 testimony given back in September of 2011, there is specific reference to the size of decks on bluff along with additional information regarding specifics related construction standards under 275. Attorney Lark specifically asked a question related to the size of platforms and Trustee Dougherty again was very specific in her response saying the Code at that time limited the size of platforms to 32 square feet. This requirement was specifically listed in the Resolution of support for that Permit. Next we move to January of 2012 when Permit 7706 was approved which again specified the construction of a platform to be limited to 32 square feet as per code at that time. This was again discussed in the testimony provided during the hearing on January 18, 2012. Next we move to February 2013 where the Trustees approved Permit#8049 to address damage resulting from Storm Sandy. It provided approval for the replacement of a bulkhead, a retaining wall and beach access stairs. In the February 20, 2013 hearing a discussion was held once again specific to the size of landings as being limited to 32 square feet previously, but noting that the Code had been modified at that time to 100 square feet. Next we move to June 2013 where an application was submitted for Permit 8222 which included a retaining wall at the top of the bluff, a 100 square foot platform, a mid-level retaining wall and associated returns. The applicant built the approved structures and also built additional structures which were not approved, including an additional retaining wall between the house and the top of the bluff and constructed over-sized platforms and over-sized stairs to the beach. This brought us to the current permit application of August 2015. During subsequent hearings the Board specifically addressed the fact that additional structures were constructed without a permit plus the decks and stairs exceeded the approved size limits. The Board found this very frustrating given all the previous permit hearing discussions and conditions of approved permits. I asked specifically Mr. Lark to go back to his client and ask her to consider the downsizing of the platforms and beach stairs to comply with.Code and to make an adjustment to the retaining wall constructed without a permit between the top of the bluff and the house. A subsequent hearing was held to address the permit application and the applicant failed to appear for the hearing. The Board granted a postponement to the following month in yet another attempt to obtain an answer to our proposed compromise. At the hearing the following month,the applicant was represented by an Engineer. Neither the applicant nor the attorney of record elected to appear at the hearing. When the representative was asked about the applicants response to our request for consideration of amendments to the structures in question, the representative indicated it was his understanding the applicant was not willing to compromise. Given this extensive hearing, the attempt by the Board to offer compromise and that the compromise was rejected in total I feel that we have little choice when it comes to this application. As such I would like to make a motion to Deny without prejudice this application. Further I would like to conclude as conditions that all structures built without a Trustee permit be removed prior to March 1, 2016. Plus all structures built that have been approved under previous Trustee permits but whose dimensions do not comply with those set under the previous Trustee permits, be modified to comply with construction standards indicated on the previously approved permit again by March 1, 2016- 1 further want to enter onto the record that should these conditions not be met within the specified time period that the Town of Southold pursue a demand for action to have the removal modifications made by the Applicant. That is my Motion. TRUSTEE BREDEMEYER: The Motion has.been made. Is there a Second? TRUSTEE KING: I will Second. Board of Trustees 3 December 30, 2015 TRUSTEE BREDEMEYER: Is there a Vote of the Board? Roll call vote? TRUSTEE BERGEN: Sure. Trustee Bergen is Aye. TRUSTEE KING: Trustee King -Aye. TRUSTEE BREDEMEYER. I Recuse myself on advice of Counsel for having missed the Hearing due to a hospitalization. TRUSTEE DOMINO: Trustee Domino -Aye. TRUSTEE BREDEMEYER: The Motion is carried. I will take a Motion to Adjourn unless there is any other matter to come before the Board. I wish to thank especially Dave Bergen and Jimmy King for coming in today. This was unforeseen from the beginning. This very lengthy matter. I believe we did everything in our power to serve the Town Code and I appreciate Dave's extra diligence in reviewing the history and creating the Resolution in this matter. So with that I move to adjourn this meeting and wish Dave and Jim well and all good things in the future. TRUSTEE DOMINO: Second. TRUSTEE BREDEMEYER: All in Favor? (ALL AYES) Respectfully submitted by, John M. Bredemeyer III, President Board of Trustees John M. Bredemeyer III, President 'o�O Gp Town' Hall Annex Michael J. Domino, Vice-President 54375 Route 25' James F. King " z,y P.O. Box"1179 Dave Bergen o Southold, NY 11971 Charles J. Sanders ���.�� �o�Y Telephone (631) 765-1892 41 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD AGENDA Wednesday, December 30, 2015 Town Hall Main Meeting Hall 8:OOAM CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE I. RE-OPENING OF WETLAND PERMIT APPLICATION: 1. Lark & Folts, Esqs. on behalf of ELLEN F. EMERY 1,999 REVOCABLE TRUST requests a Wetland Permit for the as-built 1 00' timber pile vinyl sheet bulkhead; as-built 80' timber pile tongue-and-groove sheet retaining wall with two 8' returns located ±25' landward of bulkhead; as-built 80' mid-bluff timber pile tongue-and- groove sheet retaining wall with two 8' returns located ±55' landward of bulkhead; as-built 85' timber pile vinyl sheet retaining wall with a 12' return and a 25' return located ±10' landward from top of bluff; as-built bluff stairs from top of bluff to beach consisting of a 4'x7' access platform leading to a 4'x28' set of stairs with associated 75sq.ft. platform to a 4'x7' set of stairs with associated 95sq.ft. platform to a 4'x17' set of stairs leading to a 4'x13' walkway with a 4'x10' set of stairs to beach parallel to bulkhead-, supported,by 8" timber pile posts and composite materials on stair treads and decking; as-built 1,800 cubic yards clean fill spread evenly between retaining,walls to replace lost bluff material with - placement of erosion control jute matting on bluff; for a proposed rear-yard drainage system to direct roof rain and surface water away from house foundation and upland retaining wall by providing a drainage swale with 4" PVC pipe to, a drywell in the front yard area; and for a proposed 200sq.ft. deck of composite decking supported by 6"x6" posts located 10' landward from top of bluff. Located: 5925 Nassau Point Road, Cutchogue. SCTM# 111=13-6 REVISED PROJECT DESCRIPTION AS OF JUNE 30, 2015: Page 1 of 2 I For the as-built 1 00' timber pile, vinyl sheet bulkhead;Ia&-hx uIt RO' timber p& ton�nd-amoue-r + f - IMM d-gmove wall-with ,pile",jv, inyl sheet retaining wall with a 12' return and a 25' return located 7' to ±10' i i landward from top of bluff;,as hil+ hlu i f d ta . {o�ia -b of ' tfor4n-le-adingA -a-4'x''�Ls� ft- 1�andi -t�a 4'Y�' GPt f stairs with ass.�riat ' stairs leading to a 4'x13°����^� +h��.,�nmoo+ of gtair� to beach parallPl�n Jn&bead; as-built ±1,800 cubic yards clean fill spread evenly between retaining walls to replace lost bluff material with placement on top thereof an erosion control jute matting with plantings of American beach grass and environmental grasses; as-built drainage system to direct roof rain and surface water away from the house foundation and upland retaining wall by providing a drainage swale with a 6-inch perforated pipe to drywells in the front-yard area; at the top of the bluff on the northerly property line, propose to extend the mid-bluff timber tongue- and-groove retaining wall 14' to the northerly property line; extend the vinyl sheet pile retaining wall landward from the top of the bluff 12' to the northerly property line; construct along the northerly property line a 6'x6' timber pile and lagged step-down binwall with 8 inch pile posts 10' long; remove small overhanging lip of vegetation at top of bluff to establish natural angle of repose; clear brush from the top of the slope; add ±20 cubic yards of clean sand and re-grade as necessary; place woven geotextile on re-graded area, and plant with beach grass and other environmental grasses; and related minor steps to complete project and restore landscaping; at the southerly property line, propose to extend retaining wall approximately 8' to the property line; increase height of retaining wall by 18 inches; reinforce with helical anchors; repair existing timber bulkhead'wall at bottom by replacing damaged walers; clear brush; add ±10 cubic yards of clean sand and re-grade as necessary; place woven geotextile on re-graded area and plant with beach grass and other environmental grasses, and related minor steps to complete project and restore landscaping. Located: 5925 Nassau Point-Road, Cutchogue. SCTM# 1000-111-13-6 Page 2 of 2 lnci fa n tkth e"x 1 ar aswa:+ 2''i;e 'Ili` w e. �C6 75 - srr 49 F ► t' 1 i i t t i } t r r tot 40 • c1 ♦ ♦ { 1 1 1 1 F i t y t t t L t y • t t t t i } L t t t { y L t } t I a t{ ♦t a tt } y i► t i i L i t t t i t t C o z0 TO WA t r_ t?At i r t rA ,. t <rsa§ 3is i i l t 1L t t * ♦ 4 a lr,. ;R, w i i,,i:�- "t 1 t tNil , 1 t 0) N 2'-&'Mo c 3i vl. cs.,s a s4 ' ° ���y `t tt ~*` sj �.' \\ c ' !s t { t t i } iN i j t i ♦ ' { `. ". , ,� ,;, t t ty c,a y N L t y t t ► i y y 0 \ ♦ , \. _ t { t { rte{ yes �'a• <> ;c I CP- N♦ ``\ `,.,�` e�raxz� t��ea4t[arsvrscwt �,. �> �\ t 1 ,1 L3�so� L { ► i F t t t 1 Tlcal Leach1 { ` \♦ ♦\ - --- i �xi� � e �. • � ; t.t_ t..�-�t t t ti t y t , t t 1 s i F 1 t F , a7 ln Pool Alt teaching Pools were:installer!,n dean end wcth no � � ♦♦ \� � �� 1 F F 1 i� ground water encountered within 2 feet below the t ` ♦` � ` . . _ i ,„. ��'�'' y f r t t f t � t fjrattearrt of thea gaol * Lot 4{ `+. ♦ t �F 1 t` Lam# 1 4 1 }♦ ti'tt tL ty t , 1{ \ �` ta�+r `.w♦ ��\ ♦4 t' �+ 1 .f t } 1 1 t i } L t '� L t ♦ t tZP' o w ..-^^"' i fit. t t t ♦ . Vy,-^'r ♦ It O'u't :,x w j t R`\. e 303 N. y r.$rxstr t � L s L 5? LEGEND Note:5: f All work done in accordance*th all applicable state ane � � s �i � ftnoff Direction local i;c�de5. Drawms based oil 9urvey5 provided by John.C. Chlem F Lot 42 C$FVC rerforated Gram Pipe dated 95-14„20 13 and-4-25-14 and site visits July 2 August 2G anci October 30,2013. 30 p � FVC Dram,Pipe Sprinklers Installed G"below•grade f35 DoWnDpout Graphic Scalp OWDrywell Pr �rG rte, Peconlic Day Total Area:30,379 sq it O.G974 Acres Total Lurid Ofsturbance: 3,800 sq ft lea 6raV14 % Slap—� Turf, TLtf-F 5tormwater Drainae�e Calculations: Roof Area- I WO.sq it C-03 55, Q-.os cfs 288 cfltrr �r � { JUN Driveway Area-3'GOO sq ft C=-1°o Q=.1.64 efs 593 dMr �1 17erf� e� � Filter Pabnc 3 0 2015 t" Turf Area-38W sq ft C=0.30 Q-.052 ds 166 dtllr Prar:t Pipe 5T£3f li WATeR CALCULATIONS FORA k'-RAINFAlI "4 ` Dralnae3e Swale. Sect e.xi _ Drainage Swale length Apw. 150 ft p Oan SelEgmann PE County Marine Contracting Ekin 6nlery Residence OG-05-15 As 50t Omrmn 24 Cherry Lane, Huntington, NY 1 1743 Cutchogue, NY 5925 Nassau Palo R"'i sue. ear 11935 1 4'aillr� sm CFO= LIC. 077043 Suffolk County-fax # 1000-111-13-6 Lot 41 �+:' PlanAS SHOM of tis' rim FXATAI-T 12 - 1 ote5: All work rvd one to accdrdance with all applicable State and Prmnd prlrr lagged Em"ll stapped dawn the w» _ slWe.and plar�fill � � ``" � � Dramn,35 ba d on 5urvey5 provided by John C, Ehlers i�ec es�ary intasn 3. ;, { dated 05-14-201 3,Drawinej, dated 12-12-2013 Clear Hrusti irn,ri top of ,#cape rills€rnum - , } • and 5tte vmit5 February 28 and April 4,2031 5. sleape anj regrade try and place fii1 as n w r'y _ o t, Materials: Timber piles - A5TM Class B 2.5 CCA Treat lent 1 14i ; Structural Timber - 5YP-Marine Grade 2.5 GCA Treatment Bolts, rods etc. A5TM 307 1 x t -t, Hardware -Alt hardware hot dipped galvanized I Vinyl Sheeting - Shoreguard 425 arta G50 icy CMI Woven Geotextile - Granite Environmental 4.1 oz Woven " built retatnrng waits° bated 12-12-1 Saye drawin�fraras 1-Q8-14 i ?} :t lit r i' r?f i•.: 1 i; a;:k a^' 4 3 :< F ...-} •S' fir Ka`w"'�I 4tt�t�✓ _ "I-,., ,, ij i f t 2{ ..-if - —„-{ �� ��i�, ry„� � %1 'a � I ��i - � ...... .! '"i i f -��•,t�t 1b'�°rs.'?� �''"�C� �h ii -, .•„--t µ- 'Y i..S..r,. ?' l S s�} .i€f k 1 i ty! t -'i t yi tl;S4` + 4}t!t itillxi a �l4lq� t E#{r+^'' •'i 'f t'�— 4 =-Z..L { .1...:•p..9,,.+•:-f IY f i.,y..+.L •,pd�,i ,€ .. y.�,'^"' € JUN 3 0 2015 11"•-.'". � 5_a3.3.8. �, 5 `9Cdt^R ey{'.'.as:i i t u i�� � j s ;d,._"'L -M M} iris•w3�gYei'3' ...3 � � _.a. -'-._-'___ i �� t - } , :gr_•. � { �a�r exs9tatt� Tm>be+' .. `,� j = __ . r6tfifnpcg S a�neecs c i t ��gri`s.ti{t r Etl?¢ 60 t3�yKct....kfiM� G'fA Ae ,_,,.—' '"�z .. ,- V .•F�C€Ca;'Urr�t.CCyr:�rC avid ;G II i� 2d claw-x n r9datdsS€€C to .-- _ _ ���;,� Graphic Scale - � p OF 64' Partial Plan ffnglneer: Cantractrar Dan Se-ligmantt n PE Seacoast Con5trucon Mian Emery_ Residence Propo�er� ac#�tticanal �tablil�atic�n LIC: 077043 Sayville, NY 5935 Nassau Point haaC Cutchogue, NY 11935 �XlS�fPt� t"t:��lCtlfIf� utatl5 t p ey� OG- r�0 B wm �-15-15 :xrso Xr EXHIB411 A 412"Class D Timber-Pile E 20 ft bang bgz� alt Existing Picket Penc �• fx � �= ttri Etregard 425 laayl 0 ?Ae?�slove 6'Bang �� fat Javan € _ a 4, ' `GUO � A��h�a� P � ea i ��pri � 6gx8°Timber Wale.,{?�} € t} ,r5bor �l s Yvt1P+ t prevo t € 3/4'GUv, Dock Bolt X25 �j s ttG? t itx� Nut#Washer(Typ) p 141 t GGt 04 Gtitic3 -_-�" e� a r fro Ow 00 y,k �c itP.a \Q CM tC�'Gip ow I ' m d V FStart AE urneaE1 td M131� neernstvi Arty..sheet I m I i € ' Plan uth Wall Addition n esti n - Plan North Wa I l Addition , " � sale: 1/4"= 1 a-Qp -- Scale: 1/4"= 1 '-0" kale. 1/4"= ! -C} 4 1[...«..µ................,.«...... ... ............. .._._...........- -..__ _ .....-.....___«......................«._-__ ..-..-a..-mn�._..n.>mm....._.--«._�.-._ ...-...- € ....................�...-........�..........�+mw..._w...w-+.-.--.............»...«...... ... ..................,...............................a.. ...—.nn.m.r«e+ww.+...-r>--nr---.................. ...a --re..-.......4...............«..-.......r..........-.r..,..r....«n-,..v,..«.«......,...... Evbting T€niEer 6xC i Ketaining Wali t ExtsE arig slope; ft E3ac;dlll to new slope ti New Extension Existing wall underlay woverr geotextile Existing waif New Extension 20 ft l�Timber Pile f a Cla-4 B Timber � New 3 x 10 TSG PiEs E 2 ft long 3 New 6"x8•Timber 20 ftitong Timber Pile 65x8"Timber Waler(7YP) sheeting long(TY?) E,6A Wafer(TY�') G"ax8"Timber Wafer('i P) 1 Q"Class B Timber Min �� �_ ` • 2 New G'x8"Tttnber 3/4"t�aEv. Clock Boit Batter Pile E 6 ft long 3' c P P Wafer CfY } Nut tAfasivr(iyp) r 3x E 0 T"#G aheelans� i f,GpIv. �d Easasting x 10 T#C New 3x 10 T# aiaeet}ng I I i1 III I• �t€ng(1YP} eiacai Anchor 8"ICY' E heettn �:FI • "Timber Wafer '} I I 1.11.E I I I I 1 ! I %, i 1 IA 3"x 1011 • New 6"x$P Timber I ! I P} 4 T#tom 5t8 Ci g Va Class B Timber ! I 1 ! [ 1 1 E 1 I [ 1 1 I I 1 I I f 1 I I Water rte} '" 1 1 [ } 1 Ionia ttr r'iE� i s lea ExistuTg10"Class Timl7erPiles Tober MlesCEas B f } i levateon North Wall Addition ..,r levation South_-Wall Addition Scale: I tat= 1 x-a'. -- , - I/ I i_t?9t 07 -- L.�'i ',:a''i � � 45 s.' �� d -- - - '� �� i Or— FIT Section - S JUN 3 0 2015 Scale: 1/4"= [`- " Encjineer: Contractor: Dara 5ehglmann-1'E 5eacc'aast Constructi0 d� «. €s-s�:a r tten Emery` Residence. > ,Y , Retairnin Wall Details AS saalW LIC; (? 7i?43 5ay.vrffe, NY _ �. 1 a x.�.liy£ '_-_59 Patna Rasta Cutftgu% NY 111935 ' ` t �r its a OG-15-f'5 202 EXHIBIT 11—B 5,-911 — Area of foundation Area wall failure Approx 3' X 5' I. ALL WORK 5HALL Be 120NF IN ACCOFTANCE WITH LOCAL ANP STAtE BUILPING COPe5 2. EXI511NG 13A5EMeNf FLOOR UVA1I0N5 VARY.EXTENT ANP CHAP.ACTER OF F001%515 UNKNOWN THE FOOTING5 5HO112 BE EXCAVATED TO PETERMINe 51Ze ANP 12 PM 3, EXCAVAIION5 5HOULP BE 5LOPE12BACK ON I:I %01`e OR BENCHe12 A MINIMUM OF 4 FEET 0'O" 4. MIN 25001`51 CONCMTE ANP WW NT5H REINFORCING SHALL Be 1,15EP FOR FLOOR SLAB RMPAIR5 Coder Foom FOUNnA110N W I, pTTM I'R0CM2U I, PROVIM TEMPORARY 5HOPIN6 MINIMUM-5'0" ON CENZR MAXIMUM 70" FROM PAMAGEP WALL MINIMUM 6X6 TIM=, 5HORING OR 4"LOLLY CaUMN5 4" Block 2. EXCAVATE 01,151PE OF FOUNPATION TO FOOI1NG,LENGTH OF EXCAVATION A5 MOUML9 BY PAMA2 TO W?LL 5. REMOVE PAMAGED ANP BROKEN CINPM 131,OCK5 TO SOUND CINDER BLOCK5 0" Block C Np) 4, MMACE WITH NEW CINPeR BLOCK5,SOLID,FILL BLOCK5 WITH MORfAg 5. PROVI12e 2"X 6" 5tEL 51LL PLATE MINIMUM I'0" BEARING EITHER 5112E OF PAMA I9 CINDERBLOCKS 6. I1\15%1,HELICAL ANCHORS A5 REQUIReP ANP SHOWN ON PWG 102 1, OUf51PE OF R MPtP WA15 5HOULP BE 5eALEP WITH A WA1e13'ROOFING 5EALeR 5UCH A5 PRYLOCK SEAL 8. BACKFILL MI?Pd [9 WALL IN LIFT5 PROVIL91%FREE Pp•AWIN6 MATERIAL AT FOUNPAION WALL. O BACKFILL 5HOUL19 BE GRADED AWAY FROM THE HOU5E,LEAPER5 SHOULD BE PIRECTe 2 AWAY FROM FOUN19AtION Crack5 at Joints 6 courses CLACK MPPX NIM5 Note: I. CRACK5 5HOWN MAY Nor MPIT%NT ALL CRACK5. / i i Crack in Floor Temporarily{Support electric BLOCK FOUNPATION WALL5 SHALL Be IN5PECT L9 FOR APP1110NAL CRACK5 l panel nurinq foundation Wall Repair 2. HAIRLINE CRACK5 IN THE WALL ALONG GROUT LINE5 CAN BE SEALED WITH AN EPDXY SEALER IN51M ANP OUf5112e THE FOUNPATION -5. CVACK5 LAZER THAN Q" 5HOLLL9 BE REPAIRED BY CHIPPING off THe MORTAP.ANP MPOINTING Area 2 THE JOINT5 4. CINPER BLOCK5 OUT OF ALIGNMENT 5HOUL12 BE MMOveP ANP RE5eT 5. WALL5 5HOULP BE SEALED WITH A WATERPROOFING 5EALER SUCH A5 I)MOCK SEAL Fotated Cinder Pl oc 6, CONcmt FLOOR CRACK5 51-101[913E UAM19 U51NG CEMEN11OU5 OR EPDXY PROPUCT5 Repair area F1 -7 EST JUN 3 0 2015 'ND y ; . Partial Plan roundAion �_�_�� ,��;,�_:�_,_ 0770ag 0 nan Seligman, M 5eacoa5t Construction �mergencq Foundation Repairs Foundation Repair5 �meru Residence sm HuntingtrnrnL NY 5agville, NY 5925 Na55au Podp4ad tea.Nr A5 51%,14 I O� I �/7 mm!Y 1`Y m 04-15 i4 IC: O/ / O4� _ Q(Im BY UtlE EXHIBTT 4—A Area of faded �x&inq floor Joists existtnq Floor Joists cinder blocks Replaced 17 2" x 8" x 9 4" approx 31x ' Cinder blocks Solid idled l-xcavate foundation to expose wall 2•Qi I51ope 11/2" x 8" steel sill plate femporaq 4" steel column �� bearing min, P-0" either support or fi4cr 51,a•Inq side of repaired wall Min ,-011 on Center Free draining gravel 1011 CMU Waterproofing full Mn slope 1 on I heightof wall FOUNPAWN, Helical Anchor ANCa f4pical Section at Foundation Wall Failure sWr k Area 15hown,Area 2 5imiliar Tqpical Section at t?epaired foundation Wall scale:1/R"40" PP JUN 3 0 2015 A 7 4 ti.•�,�,; � 201 ,.� L; • ��__..��.�..s�����-�. '.-__- _ - " -- --- .__.- �F OF NEIN 15r—I Pani 5eligmarin, M Seacoast Construction �mergencq Foundation pepairs Foundation pepairs �merq Pesidence N. Huntington, NY 5agville, NY 5925 Nassim Fort Pad `�thc'd-N' LM I Q/6 Ww®Y 5', OAIE v7 IA 1.1 LIC; 017043 ° EXHIBIT 4—B 5UR,VEY OF LCAT 41 "MAP OF rPROPO5ED SUBDIVISION 5E-GTION A, NASSAU POINT GLUB PROPERTIE5 ING., SITUATED ON NASSAU POINT, SUFFOLK GOUNTY, NEW YORK. SAID LOT ALSO SHOWN ON "AMENDED MAP A, NASSAU POINT", FILED IN THE OFFIGE OF THE GLERK OF SUFFOLK GOUNTY ON Llb-22 AS MAP NO. lab 5I TUATE: GUTGHOC7UE ' TONN: 5OUTHOLD 5UFFOLK GOUNT-r', NY S SURVEYED 05-14-2013 1 REVISED 10-23-2015, 11-20-2015 DRAINAGE PLAN 04-25-2014 SUFFOLK COUNTY TAX ! Io00 - III - 13 - 6 CER=D TO:MILEN IF o -a PROPERTY ADDS o �}►`G 0��5 �� 1 \ 1�' � � ; , � � \, � � -\� m 5925 NASSAU POROAD �, �,�� 3�12 Nce —000 CUMIOGUE,NEW YORK 11935 -13 rn 134A j -4 ----�- � 1 �� \ \ ! � t;A \ o\ � �ti i 1 �-jD CD 4' DEET i �� T STO S � '� O � � i ;� n ol \ to D3 \ LAWNLu 2z, \6TOO �n O I ' a 1 611 POF TE ASPHALT DR {EW+�Y ` 4' L \d�f \ 50-3.03 - - - o \ E Is Fft k1l JUN 3 0 2015 f - '-i- .lei --• - �' NOTE: BURIED RETAING WALL LOCATION PROVIDED BY CONTRACTOR --- NOTES' j ! d ! �x�;..,�.•-u�•'xr�tf�aj��t�.:�.4.,3.r .; ] roaa:cr-r w.- ttf.>r.~•;c sir •;en`s ee�ci ^a, ate, L� UHN C . EHLERS SAND SURVEYOR � � EH {^� '� f:Y kCV,Yf:h M Jrtu'•'x:l Oi.1y3,!;r�<•.vr.f3XA w r'�� �G�c.'?'G!".1:J(t`�J'Ui��.3.i 1`df C•JEt 2SL731y.��:tlE`S Area = 30, 379 — --_ _ — - -- --- - - --- — --- - - — - - �w�3,te f'•� ' Sq Ft � •�� `• �t�,� k Area = 0. 6974_Ac_res_ 6 EAST MAIN STREET N. Y. S. LTC . NO. 50202 e ir•r„c.il ee,><..a':c,tart� 1 _ tit . t'�f, i2te >b vJkM4 ^Oif cS0.:1 t--_ —� ,�,, =r..¢ ^�V tkn�trus�^f�vr,r r,, „7»rrc t.•fer w¢i� ..s,f GRAPHIC SCALE- I " == -30 j RIVERHEAD, N. Y . 11901 369-8288 Fax 369-8287 � ��� - � � amu,, "ry��t.,irc t<•ctt,e nc �c.>mr„„"` t f31,- longlslandlandsurveyor cors rest�2� a,; �;,<,.uE� tw;<�,,,.:a .:re.�•. I > , s• `... _ ._ _ � ' tkar��cr.=nck tr.a�lvr cd^ff: o ad:tbrai n "fv;x s r John Bredemeyer, President SUF1`91,t , Town Hall Annex Michael J. Domino, Vice-President ?°° °°y 54375 Route 25 James F. King y P.O. Box 1179 Charles J. Sanders • Southold, NY 11971 Dave Bergen y�ol ,� �a Telephone (631) 765-1892 Fax (631) 765-6641 Southold Town Board of Trustees Field Inspection/Work Session Report Date/Time: Lark & Folts, Esqs. on behalf of ELLEN F. EMERY 1999 REVOCABLE TRUST requests a Wetland Permit for the as-built 100' timber pile vinyl sheet bulkhead; as-built 80' timber pile tongue-and-groove sheet retaining wall with two 8' returns located ±25' landward of bulkhead; as-built 80' mid-bluff timber pile tongue-and-groove sheet retaining wall with two 8' returns located ±55' landward of bulkhead; as-built 85' timber pile vinyl sheet retaining wall with a 12' return and a 25' return located ±10' landward from top of bluff; as-built bluff stairs from top of bluff to beach consisting of a 4'x7' access platform leading to a 4'x28' set of stairs with associated 75sq.ft. platform to a 4'x7' set of stairs with associated 95sq.ft. platform to a 4'x17' set of stairs leading to a 4'x13' walkway with a 4'x10' set of stairs to beach parallel to bulkhead, supported by 8" timber pile posts and composite materials on stair treads and decking; as-built 1,800 cubic yards clean fill spread evenly between retaining walls to replace lost bluff material with placement of erosion control jute matting on bluff; for a proposed rear-yard drainage system to direct roof rain and surface water away from house foundation and upland retaining wall by providing a drainage swale with 4" PVC pipe to a drywell in the front yard area; and for a proposed 200sq.ft. deck of composite decking supported by 6"x6" posts located 10' landward from top of bluff. Located: 5925 Nassau Point Road, Cutchogue. SCTM# 111-13-6 REVISED PROJECT DESCRIPTION AS OF JUNE 30, 2015: For the as-built 100' timber pile, vinyl sheet bulkhead; as-built 80' timber pile tongue- and-groove retaining wall with two 8' returns located ±25' landward of bulkhead (buried); as-built 80' mid-bluff timber pile tongue-and-groove retaining wall with two 8' returns located ±55' landward of bulkhead; as-built 85' timber pile, vinyl sheet retaining wall with a 12' return and a 25' return located 7' to ±10' landward from top of bluff; as-built bluff stairs from top of bluff to beach consisting of a 4'x7' access platform leading to a 4'x28' set of stairs with associated 75sq.ft. landing to a 4'x7' set of stairs with associated 95sq.ft. landing to a 4'x17' set of stairs leading to a 4'x13' walkway with a 4'x10' set of stairs to beach parallel to bulkhead; as-built ±1,800 cubic yards clean fill spread evenly between retaining walls to replace lost bluff material with placement on top thereof an erosion control jute matting with plantings of American beach grass and environmental grasses; as-built drainage system to direct roof rain and surface water away from the house foundation and upland retaining wall by providing a drainage swale with a 6-inch perforated pipe to drywells in the front-yard area; at the top of the bluff on the northerly property line, propose to extend the mid-bluff timber tongue-and-groove retaining wall 14' to the northerly property line; extend the vinyl sheet pile retaining wall landward from the top of the bluff 12' to the northerly property line; construct along the northerly property line a 6'x6' timber pile and lagged step-down binwall with 8 inch pile posts 10' long;,remove small overhanging lip of vegetation at top of bluff to establish natural angle of repose; clear brush from the top of the slope; add ±20 cubic yards of clean sand and re-grade as necessary; place woven geotextile on re-graded area, and plant with beach grass and other environmental grasses; and related minor steps to complete project and restore landscaping; at the southerly property line, propose to extend retaining wall approximately 8' to the property line; increase height of retaining wall by 18 inches; reinforce with helical anchors; repair existing timber bulkhead wall at bottom by replacing damaged walers; clear brush; add ±10 cubic yards of clean sand and re-grade as necessary; place woven geotextile on re-graded area and plant with beach grass and other environmental grasses, and related minor steps to complete project and restore landsc ping. Located: 5925 Nassau Point Road, Cutchogue. SCTM# 111-13-6 Tye I f area to be impacted: altwater 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: rodition : c 4As' �Prese re: Bredemeyer . DominoZJ. King . Bergep/(Gt_sanders Bay Constable Other Form filled out in the field by Mailed/Faxed to: Date: -Ben F.Emery L999 Rev�bie Trust Al IL r - � I Air 8'/ 12%20x1 ,,,y, 11 : 49 jr 1 * r • Ir �. I - �" �. /1 Sart ,," `,. ► t ow, F i jr- " •,r i vi 4. .f .' r,� •7j � , 9'k;ji+"!�I�i;1i }�,, - ✓ �'�,i � ������f,�` �� v i ,'�`' (7f'�•,` t, r• M. 6 ��I .,,,,.. 1 r • � r tai � j .T�f - � �,� - ..�I 4.r R Slr _ }..gip / �• .-�� "jf' ,.i. A ELLEN F. EMERY 121 SOMERSET AVENUE GARDEN CITY, NY , 11530 T0. Members of the Board of T" Southold Town Trustees Town of Southold P.O. Box 1179 c JUN 3 0 2015 Southold, NY 11971 I ; STATE OF NEW YORK ss. . COUNTY OF SUFFOLK ) ELLEN F. EMERY, being duly sworn, deposes and says : 1 . I am making this affidavit to the Members of the Board of Trustees in connection with the amendment dated June 26, 2015 to the original application dated January 17, 2014 to the Board of Trustees . Due to my age and health status as well as the distance from my Garden City home, I will most likely not be able to attend the Board' s hearing, so I am presenting the information to explain to the Board the facts in the record as if I were to appear before the Board personally and testify. I am reaffirming the statements I made in my affidavit of January 10, 2014, which was attached my the January 17, 2014 application. The purpose of this affidavit is to bring to the attention of the Board of Trustees what has transpired since the hearing held on February 19, 2014, at which time my January 17, 2014 application was tabled, and at the subsequent Board meeting of March 19, 2014, when the application was postponed indefinitely. 2 . There are two parts to this amended application. The first part is to amend and obtain the Trustees ' approval of the "as built" work that has been done on my premises under Permit #8049 dated February 20, 2013, and Permit #8222 dated June 19, 2013 . The request for "as built" approvals applies not only to the bulkhead, retaining walls and stairs, but also to the "as-built" drainage and the bluff plantings . 3 . The second part of this amended application is to obtain from the Trustees a Permit and Authorization for additional work to the upper and mid-bluff retaining walls by 1 Q constructing extensions of the upper two retaining walls along northerly and southerly property lines . This is to prevent erosion that has been taking place. I am attaching as Exhibits 1-A, 1-B and 1-C recent photographs taken o 6/19/15 which show the current erosion at the upper portions of the bluff on both the northerly and southerly property boundaries . Due to the Board of Trustees ' attitude, I have instructed the contractor, Christopher Gentry of Seacoast Construction Inc. , not to do any repair work on the bluff until Trustee approval has been obtained. 4 . If the Board reviews the work contemplated by Permit .#8049, they will find the vinyl bulkhead and the timber ' retaining wall have been built in accordance with that permit . The replacement of the stairs from the top of the bluff to the beach is in the same general footprint as contemplated by the permit . However, the replacement stairs had to be built and configured a little differently with two landings attached to the retaining walls for additional strength and stability. The lower portion of the stairs was required to be recessed in order to reduce the angle of the steepness . The steps to the beach were built parallel to and attached to the bulkhead for strength and longevity, especially in storms . Also, at normal high tides a person would not have to step in the water to reach the beach. Parallel steps make easier passage for pedestrians walking along the shoreline. The details are more fully explained in the "Stairs" section of the December 12, 2013, report of the engineer, Dan Seligmann and this report is attached to the January 17, 2014 application as exhibit F, item 1 . 5 . The work under Permit #8222 dated June 19, 2013, was not ,able to be constructed in accordance with the submitted plan but certainly within its spirit, which was to save the bluff and, more importantly, my house. Dan Seligmann, P. E. in the aforementioned "Retaining Walls" section of the December 12, 2013 report indicates the reasons why the retaining walls were relocated from their originally contemplated positions . It is obvious there is not too much difference between the location of the mid-bluff timber wall as originally proposed and where it is actually constructed. The installation of the upper wall was relocated 7 feet to 10 feet landward from the top of the bluff because it was impossible to build it where planned. This upper 2 wall is placed landward from the top of the bluff to limit the rapid and unpredictable bluff failures . I was not happy to see this ugly retaining wall in the backyard. I was very upset, due to experiences with prior contractors, after I learned Mr. Gentry did not obtain prior permission from the Trustees to relocate those retaining walls . However, both Mr. Gentry and the engineer, Dan Seligmann, P.E. , explained to me at that time they believed, due to the unpredictable bluff failures, it was necessary to immediately install the retaining wall at this location. I believe the repositioning of this upper retaining wall as well as the mid-bluff retaining wall did save my house. 6. The severe erosion problems that took place during the reconstruction of the bluff in the summer of 2013 are also explained in Mr. Seligmann' s December 12, 2013, report. After viewing what took place, and due to the tremendous amount of cost overruns incurred, I informed the contractor that I was not building the observation deck in the backyard. That portion of the January 17, 2014 application is withdrawn. Parenthetically, the Board of Trustees at their February 19, 2014 hearing stated they also wanted the observation deck to be withdrawn from the application, but they did not give any reason. 7 . As can be seen from even a casual inspection, the previously destroyed bluff on my property has been restored and re-vegetated with native plants such as American Beach Grass, Switchgrass and Little Bluestem. The rear lawn area has been planted with fescues and rye grass seed, all as recommended by the Suffolk County Soil and Water Conservation District, which report the Board has in their file. 8 . In retrospect, considering the circumstances involved and the result of all the work performed to date, in my humble opinion there has been compliance with the spirit and intent of the permits . However, in reviewing the arbitrary comments of various Board members in the minutes of the February 19, 2014 meeting of the Board of Trustees, it was obvious the Board had a different agenda and did not appreciate or understand the gravity of the situation in what was occurring at my property during the summer of 2013 . What was unknown at that time was : When and how much more of the bluff would fail . Both the contractor and the engineer strongly believed my house was in 3 serious jeopardy if something was not- done immediately to stop the rapid progression of the bluff' s continual collapse. Both Mr. Gentry and Mr. Seligmann explained to me that the focus of the work at that point was to save my house. They informed me that in their opinion the bluff as I have known it for all of these years was gone, and the only thing to do was to make every effort to prevent any additional bluff failure in order to save my house. 9. The Board should be aware that I have asked myself many times, "Should I have had the contractor and engineer stop all work and contact the Board of Trustees to obtain their permission to adjust the locations of the upper retaining walls?" Please consider, if the Trustees were contacted and assuming the Trustees acted instantaneously in coming to my property, would it have changed anything? Would these two retaining walls have been placed in a different location than as recommended by the engineer, Mr. Seligmann? I think not ! Because the engineer and the contractor were under great stress to try to do the right -thing, I do not believe they should be criticized for deviating from the plan in order to stabilize the bluff to protect my house. I firmly believe the contractor and the engineer were acting in good faith and saved my house by relocating the retaining walls to prevent the bluff from eroding further. To show the serious trouble I have, all the Trustees have to do is look at the photographs taken of the bluff at that time, for example, Photos 5 and 6 attached to my affidavit of January 10, 2014, and Photos 2, 3 and 4 of the December 12, 2013, report of Daniel Seligmann, P.E. , all of which are contained in the January 17, 2014, application as exhibits D and F-1 . 10 . After the Trustees inspected the work, which was not fully completed in the fall of 2013, and without considering the totality of the circumstances, the Board of Trustees as a punitive action caused the Bay Constable on November 18, 2013, to issue a criminal summons against myself and the contractor, Christopher Gentry. These vague charges against me were completely unjustified. The Justice Court dismissed the charges on November 28, 2014 . To further demonstrate the punitive attitude of the Board of Trustees, when these charges were dismissed the Board caused the Bay Constable to issue another 4 criminal summons dated December 18, 2014, which charges are not valid and certainly not justified. These charges are still pending in the Southold Town Justice Court. The point_ I am trying to make is, when a qualified, experienced engineer dealing with a tremendous erosion problem finds that the foundation of my house had been compromised, his recommendations to the contractor to save my house need to be seriously considered and respected. Instead, the Board had the Bay Constable file charges against me for not obtaining permission to relocate the retaining walls . The facts are simple: It was impossible to construct the retaining walls where they were proposed. The Board has indicated it will not approve the "as built" restoration plan until fines are paid, so in the Board' s view I am guilty without having a fair hearing on the subject. 11 . As a result of the foundation of my house being compromised, Dan Seligmann, P.E. again inspected my house foundation on October 30, 2013, and November 9, 2013, and wrote a detailed report dated November 15, 2013, which was included in the January 17, 2014 application as exhibit F, item 2 . The report speaks for itself. As a result, Mr. Seligmann prepared a plan to stabilize and correct the damage to the foundation and obtained a building permit from the Southold Town Building Department on November 27, 2013, a copy of which is attached hereto as Exhibit 2 . 12 . In spite of the Board' s lack of interest in the safety of my home and its views to the contrary, to show the serious- ness of the situation to my house, shortly after the Board' s March 19, 2014, postponement . Several weeks later, in March or early April of 2014, a section of the easterly foundation wall of my house completely blew out and failed. There was also shifting of the foundation and heavy damage and failure in the form of the pushing in and cracking of the concrete blocks on the northerly wall of the foundation. On discovery, the engineer, Dan Seligmann, immediately inspected the foundation on April 12, 2014, and prepared emergency reconstruction plans to amend the building permit, for which he obtained approval from the Southold Town Building Department to make immediate repairs to prevent the foundation from further collapsing. The pictures taken by Dan Seligmann on April 12, 2014, are attached hereto as Exhibit 3. The emergency reconstruction plans 5 OJ r submitted to the Building Department are attached hereto as Exhibits 4-A and 4-B. During the repairs to the foundation, the Southold Town Building Department inspected the work, and on completion required it be certified by the engineer and that the drainage plan, as previously submitted, be completed. The Southold Town Building Department ' s Inspection Report is attached hereto as Exhibit 5. 13. Thomas Foster of County Marine Contracting, Inc. installed and completed the installation of the drainage system which was approved by the Town Engineer, which approval is attached hereto as Exhibit 6. On June 20, 2014, Dan Seligmann, P.E. certified the completion of the foundation repairs, which is attached as Exhibit 7, and subsequently submitted it to the Building Department, and a Certificate of Occupancy was released for the house, which is attached as Exhibit 8. 14 . At the Board of Trustees ' public hearing held February 19, 2014, it was suggested that the Suffolk County Soil and Water Conservation District should be contacted., Subsequently, Polly L. Weigand, an experienced soil technician, inspected the property and wrote a report dated March 31, 2014, which was submitted to the Board of Trustees on May 8, 2014 . After receiving written recommendations of Polly L. Weigand, I notified my landscape contractor who agreed with her recommendations and followed same regarding the plantings on the bluff and seeding the backyard with the recommended grasses . The landscaper also created a non-turf buffer between the top of the bluff and the relocated retaining wall and planted rosa rugosa in this area.- Polly L. Weigand re-inspected the property on April 20, 2015, and made some additional suggestions, recommending the upper retaining walls be extended to the property line in a manner which they can be continued on the neighbor' s property to the north. Polly L. Weigand filed a report dated May 27, 2015, a copy of which is attached hereto as Exhibit 9. 15. As indicated previously, there are still some erosion problems at the top of the bluff, so the second part of this application is to obtain permission and permits to make additional repairs to the bluff. On February 28, 2015, 6 Dan Seligmann inspected the property and wrote a report dated April 4', 2015, a copy of which is attached hereto as Exhibit 10, wherein he recommended additional stabilization methods to prevent any further erosion from the top of the bluff on both the northerly and southerly property lines . As a result of Mr. Seligmann' s inspection, he drew proposed plans to be approved by the Board of Trustees . The plan entitled, "Proposed Additional Stabilization - Existing Retaining Walls" dated June 15, 2015 is attached hereto as Exhibit 11-A, and the plan entitled, "Proposed Retaining Wall Details" is attached hereto as Exhibit 11-B. Mr. Seligmann indicated to me that initially the extension of the retaining walls on the northerly side to the property line could be continued in a collaborative effort with the next door neighbor, Ira Akselrad. However, Mr. Akselrad decided he will wait as he is going to continue to follow the recommendations of his own engineer to resolve any bluff problems that he might have. However, ,the design prepared by Mr. Seligmann is such that if there is ever a need for Mr. Akselrad to do so, he would have my permission and can tie in to the extended walls along his northerly property line. 16. Dan Seligmann, P.E. incorporated all of the work done by County Marine Contracting, Inc. into an- as-built drawing showing the drainage as installed dated June 8, 2015, a copy of which is attached hereto as Exhibit 12 . - Application is also to obtain being presented Board approval as to this as-built drainage plan. 17 . It is my sincere hope that the Board will re-inspect the property to see what has been accomplished and grant the "as-built" applications for the work that has been done and also grant a permit for the future work in the extension of the upper retaining walls to prevent further erosion of the bluff. 18 . Lastly, if the Board has any ques ons, please let me know. len F. m y Sworn to before me this 26th day of June, 2015 f V Zt,-4/ Notary Pu lic O F,W 7 of*wYgh f.31Q EXHIBITS TO AFFIDAVIT OF ELLEN F. EMERY (TRUSTEE) _. AMENDED APPLICATION EXHIBIT NO. °a_: � � k; •sem~ r ,grg d DESCRIPTION ISS, sr..J JUN 3 0 2015 1—A PHOTOGRAPH OF BLUFF, TAKEN 6/19/15 1—B PHOTOGRAPH OF BLUFF, TAKEN 6/19/15 1—C PHOTOGRAPH OF BLUFF, TAKEN 6/19/15 2 SOUTHOLD TOWN BUILDING PERMIT, DATED 11/27/13 3—A, 3—B, 3—C PHOTOGRAPHS TAKEN BY DAN SELIGMANN, P.E. ON 4/12/14 4—A DRAWING #105, EMERGENCY FOUNDATION REPAIRS PLAN, PREPARED BY DANIEL SELIGMANN, P.E. , DATED 4/15/14 4—B DRAWING #106, EMERGENCY FOUNDATION REPAIRS PLAN, PREPARED BY DANIEL SELIGMANN, P.E. , DATED 4/15/14 5 INSPECTION REPORT OF BUILDING DEPARTMENT, DATED 6/11/14 6 STORMWATER MANAGEMENT CONTROL PLAN APPROVAL DATED 5/16/14 7 CERTIFICATION OF FOUNDATION REPAIRS BY DANIEL SELIGMANN, P.E. , DATED 6/20/14 8 CERTIFICATE OF OCCUPANCY FOR FOUNDATION REPAIRS ISSUED BY SOUTHOLD TOWN BUILDING DEPARTMENT, DATED 3/6/15 9 REPORT OF POLLY L. WEIGAND, SENIOR TECHNICIAN AT SUFFOLK COUNTY SOIL AND WATER CONSERVATION DISTRICT, DATED 5/27/15 10 REPORT OF DANIEL SELIGMANN, P.E. , DATED 4/4/15 11—A DRAWING #201, "PROPOSED ADDITIONAL STABILIZATION — EXISTING RETAINING WALLS", PREPARED BY DANIEL SELIGMANN, P.E. , DATED 6/15/15 11—B DRAWING #202, "PROPOSED RETAINING WALL DETAILS", PREPARED BY DANIEL SELIGMANN, P.E. , DATED 6/15/15 12 DRAWING #DP-1, AS—BUILT "DRAINAGE PLAN" PREPARED BY DANIEL SELIGMANN, P.E. , DATED 6/8/15 } a Y i x H tTJ H H I a 1 OPV EXHIBIT*1-A 6/19/15 w ��.�. •4 � '�` -x �' � °'�F� a � - .`.err � ' } 5 r, v�,� x w H Gd H H r-� I 1 may. C EXHIBIT 1-B 6/19/15 K,. to ,4 r, s yr H H H I c. e 4 ' z "x° t iit: N a O ^' EXHIBIT 1-C J. 6/19%15 TOWN OF SOUTHOLD a : BUILDING DEPARTMENT TOWN CLERK'S OFFICE ! SOUTHOLD., NY BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 38536 Date: 11/27/2013 Permission is hereby granted to: Emery EIIen F 1999 Rev Tr 121 Somerset Ave Garden City, NY 11530 To: Foundation repairs as applied for. z - JUN* 3 0 2015 At premises located at: ��`` f 5925 Nassau) Point Rd, Cutchogue SCTM #473889 Sec/Block/Lot# 111.-13-6 Pursuant to application dated 11/25/2013 and approved by the-Building Inspector. To expire on 5/29/2015. Fees: SINGLE FAMILY DWELLING-ADDITION OR ALTERATION $200.00 CO-ALTERATION TO DWELLING $50.00 Total: $250.00 w r uildi s ector EXHIBIT 2 i s r a i a-' JUN 3 0 2015 EXHIBIT #3—A �._ Vis,.. . .» ,. . ,,,,,�,�. �ii�r.. . 1,♦ Via. c _ e y� y 1 t 1 1 7 1 i i OTOSQ /rr k z i, r� x� / Y r, w a. p > U. Photo I JUN 3 0 2015 3 -9" Area of foundation Area wall failure 66W,& NOT5 --- -------- ------ --- - - ------------ ---- - - - Approx X 3 I. ALL WORK SHALL BE DONE IN ACCOP,DANCE WITH LOCAL AN125fATE BUILPING C012E5 2. EX15ING BA5EMENf FLOOP,ELEVA1ION5 VAFY,EXTENT AND CHAPACTEP,OF FOOfING515 UNKNOWN THE FOOTING5 5HOULV It EXCAVATED fO M EP,MINE 51ZE AN12 DEPTH 5. EXCAVA710N5 5HOULD BE 5LOPE12BACK ON 1:1 SLOPE Op BENCHED A MINIMUM OF-4 FEET 4• MIN 250cDP51 CONCRETE AND WW IvT5H PeINFOPCIN6 SHALL BE 1,15ED FOP,FLOOD 5LAt3 REPAIR5 Poiler poom FOUNPATION WA I MPAip PPOMPT� I, PROVIDE fEMPOM, 5HOON6-MINIMUM 310" ON CENTER MAXIMUM 2'0" FROM DAMAGED WALL rt MINIMUM 6X6 TIMBER 5HORING OP,4" LOLLY COLUMN5 4" Block 2, EXCAVATE 01,15112E OF FOUNDATION TO F0011N6.LENGTH OF EXCAVAION A5 P,EQUIM19 BY DAMAGE t0 WALL 5. MMOVE DAMAGED AND BROKEN CINDER N OCK5 TO 50UND CINDER MOCKS 10" Block C tljp) 4• REPLACE WITH NEW CINDER B1,0CK5,501,I19,FILL BLOCK5 WITH MOR99 S. P'P.OVIDE 2"X 6" 51EEL 511,1,PLATE MINIMUM 1'0"991%EITHER 5112E OF DAMAGED CINMP,BLOCK5 6• IN5fALL HELICAL ANCHOP,5 A5 eQUIP,ED AND SHOWN ON 12WG 102 7• 01,1511)E OF MPAIRED W&I,5 5HOL L12 M 5EALED WITH A WATE JWROOFING 5EALEP,5LICH A512MOCK SEAL 8. BACKFILL REPAIRED WALL IN LIFTS PROVIDING FREE DRAINING MATERIAL Af FOUNDATION WALL, 0 BACKFILL SHOULD BE GRADED AWAY FROM THE HOU5E,LEADEP,5 SHOULD BE 121P,ECTE19 AWAY FROM FOUNMION Cracks at Joints 6 courses CMK PVAlp NOT�5 4'' Note, I• CP,ACK5 SHOWN MAY NOT ePRE5ENf ALL CRACK5• / Crack in floor Temporarllq 5upport�lcctric BLOCK FOUNDATION W&I,5 5HAL1,BE IN5PECS1?FOP,A019MONAL CRACK5 Panel Purnnq I'oundation Wall Vepair 2• HAIRLINE CRACK5 IN THE WALL ALONG GROUT ONE5 CAN M 5EALE12 WITH AN EPDXY 5EALEP, J IN51M AN120Uf5112E THE FOUNDATION 01 3• CP,ACK5 LAR6EP,THAN q" 5HOLL0 BE REPAIRED BY CHIPPING Off THE MORTAR AND MPOINTING Area 2 THE!OINf5 ' 4• CINDER BLOCK5 OUf OF ALIGNMENT 51-10112 BE ffMOVED AND M5ET 5. WALL5 SHOLL12 BE 5EALED WITH A WA0PROOFIN6 5EALEr SUCH A5 MtOCK SEAL I�Otated Cinder 131 oc _," ` ---- - 6. CONCRETE FLOOR CP,ACK5 5HOUL12 BE ITPAIRE12 U51N6i CEMENT10U5 OR EPDXY PRODUCT5 pe air area 1 x1• � _ JUN '3 0 2015 ;I` x`'11 nn1A 1D° Partial Plan Founda-bion _ rF 779 ,a Pan 5eligmann, pl� 5eacoa5t Construction �mergerlcq Foundation pepair5 Foundation pepair5 �merq pe5idence Huntington, NY 5agville, NY t 5925 Nassau part P--.J 50L,thk IV A55.,14 10� j mW or ns ,as ,14;11 LIC; 0-7704� pwo of W EXHIBIT 4-A Area of failed �xl5tlnq Floor.-101515 I i 'i 3�i 1 xAinci Floor Joi5t5 cinder blocks replaced 17 2 x 8 x 9 a approx Cinder 131 ock5 5ol id Filled excavate foundation to expose wall 2'011 slope I/2" x 8" steel 5111 plate Temporarq 4" Steel column �' bearing min, P-O" either Support or fimber 51ncrma fide of repaired wall 10" CMU Min i5'-O" on Center free draininq gravel Waterproofinq full Min 9ope I a,I heightof wall FOUNnAtl�l .:v• .: rr• RACKff IT-..:• ,79M 3 Helical Anchor AlucI-a Topical Section at foundation Wall Failure 5wf Area 15hown,Area 2.5whar ical Sect ion at I?e aired Foundation Wall 5ck-1/4"-1'0" yup p Scale:1/-4 1'0" �!�l ���.... a -4•y` ig a r1 rv". \ ILS ^`_n_�!-�, -� s*GU 17 JUN 3 0 2015 .46 •-_ _�. __,`w�,••htL)d-.`�„�..�.1LYL�,ti�-____ '�-- --- f T ATF OF NE�y Pan 5elicimann, P� 5eacoa5t Construction �merclenq Foundai ion Pepair5 Foundation,Pcpair5 �merq Pe5idence Nuntincltori, NY Sauville, NY 5925 Na55a i Point 2oxI 5a,tW'w 51M) I 0 ,"� C414!4- 6 LIC; 017043 a^w or WA EXHIBIT ,4—B i -- i�6f,�,y1�SS SO�T,yo t TOWN OF*SOUTHOLD BUILDING DEPT. 765-1802 INSPECTION =j [ VrFObNDATION IST [ ] ROUGH PLUMBING [ ].FOUNDATION 2ND [ ] INSULATION [ ] FRAMING/STRAPPING [ ] FINAL . [ ] FIREPLACE A CHIMNEY [ ] FIRE SAFETY INSPECTION FIRE RESISTANT CONSTRUCTION [ ] FIRE RESISTANT PENETRATION .• [ ] ELECTRICAL (ROUGH) [ ] ELECTRICAL(FINAL) CODE VIOLATI11 ON [ ] CAULKING 11 R ARKS: �- DATE ° �' �� INSPECTOR ` AN 3 0 2015 ; J EXHIBIT 5 APPLICANT: S.C.T.M.#: 11600 CHL►PTER 236 (Property Owner,Design Professional,Agent,Contractor,Other) �� —"mrm- - - 13 a Stormvr�ater Management Control Plan CHECK LIST 111 Ellen Emery section Birk ^Lot x S M C P -Plan Requirements: Provide ONE copy of the BVIlding Permit Application. NAME: Mi Pkcu print 71C The applicant must provide a Complete Explanation and/or Reason for not providing J)". a (631�)�/7�3�4—Date: 6-10-14 all Information that has been Required by the following Checkiistl gM1�0,! Tekphone NUMOM ; NA If You answered No or NA to any Item, Please Provide Justification Here! 1. A Site Plan drawn to scale Not Less that 60'to the inch MUST YES N show a[!1 of the following items: If you need additional room for explanations, Please Provide additional Paper. a. Location&Descri tion of Propert $oundaries X b. Total Site Acreage. X C� c. Existing-Natural&Man Made Features within 500 L.F. ��E . of the Site Boundary as required by§236-1702). d. Test Hole Data Indicating Soil Characteristics&Depth to GroundiWater. Will provide during excavation for drainage structures.Certified after installation. e. Limits of Clearing& Area of Proposed Land Disturbance. X f. Existing&Proposed Contours of the Site (Minimum x Intervals) X DRAINAGE tNSPECTiONS ARE R g. Location of all existing&proposed structures,roads, IRED driveways,sidewalks, drainage improvements&utilities. 0 Co ng at 765-1560 before h. Spot Grades&Finish Floor Elevations for all existing& X proposed structures. ` 1. Location of propose Swimming Pool and discharge ring. X , I. Location of propose Soil Stockpile Areas). AlMEMO k. Location of proposed Corasti uction Entrance/Staging Area(s). Existing Driveway OSION.&S!E~DIIly CONTROLS H HX not be limited to: I. Location of ro osed concrete washout area(s). coon Entrance, M. Location of all proposed erosion&sediment control measures. 2. stormwater Management Control Plan must include Calculations showing ` ion& that the stormwater improvements are sized to capture,store,and infiltrate ig of exposed-410 lanctiva Its on-site the run-off from all Impervious surfaces generated by a two(27 inch rainfall/.storm event. 3. Details&Sectional Drawings for stormwater practices are required for approval. Items requiring details shall include but not be limited to: a. Erosion&Sediment iControls. X b. Construction Entrance&Site Access. X Existing Driveway C. Inlet Drainage Structures (e.g.catch basins,trench dr c.)_--- X d. Leaching Structures (e. .�infiltration basins swales,`et X: 7 _ ****FOR ENGINEE G EPART ON !: Additional Information is Required. Reviewed& JUN 3 0 015 I ' `Stormwater Management Control Plan is Not Complete. �, Approved By: � j — — — — — — -_ Stormwaer Management Control Plan is Complete. !I SMCP has been approved by the Engineering Department.l! Date: / - P - —_-j!i FORM # S Check List-TOS MAY 2014 EXHIBIT 6 Joe Dan Seligmann, PE 24 Cherry Lane,Huntington,NY 11743 631-423-2544 908-400-3580 Cell 2013-002A June 20,-2014 ® EC E WE - CLIENT: Seacoast Construction MAR 3 2015 PO Box 893 SayvilleNY 11782 BLDG DEPT rOWN OF SOUTHOLD REFERENCE: Ellen Emery Residence 5925 Nassau Point Southold,NY SUBJECT: Certification of completion of work—Foundation Repairs This letter will certify that all of the foundation repairs shown on the approved drawings submitted to the Town of Southold Building Department were completed as per the drawings.Additional damage to the block walls was found on the southeast comer of the foundation and repaired as per the repair procedure outlined on the drawings. Six helical piles were installed as per the submitted drawings along the north and south wall footing. 7an e ly Submitted, pFESSiO yc�OQ SSU��y�� OPS �y 9 Seligmann * l Professional Engineer NY 077p4% 9TFOF N��yO JUN 3 0 2015 EXHIBIT�7 - t_,,..�,....e 3 i•.d.,��if�.��f�__.,.. Town o S o��� Q�c°� • P.O.Box 179 old _ � 3/7/2015 ' 53095 Main Rd a � Southold,New York 11971 CERTIFICATE OF OCCUPANCY No: 37461 Date: 3/6/20.15 THIS CERTIFIES that the building RESIDENTIAL REPAIRS Location of Property: 5925 Nassau Point Rd, Cutchogue, SCTM#: 473889 Sec/Block/Lot: 111.-13-6 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 11/25/2013 pursuant to which Building Permit No. 38536 dated 11/27/2013 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: foundation repairs as applied for.- The or:The certificate is issued to Emery Ellen F 1999 Rev Tr (OWNER) 4 1 �t t r, of the aforesaid building. t JUN 3 0 2015 Z F �r . . . . i 171. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL•CERTIRCATE NO. PLUMBERS�CERTIFICATION DATED :. Authoriz ignature EXHIBIT k8 00 SUFFOLK COUNTY SWCD Paul,A. TeNyenhuis, CPESC 423 GRIFFING&AVg_NL!ESUITE 110 District Manager RIVERHEAD, NY 11901 4 (631) 862-3286 s 41- 71 4Q col FAX (631) 862-3302 www.SuffolkSWCD.org May 27,2015 Richard Lark 28785 Main Rd Cutchogue,NY 11935 Dear Mr.Lark: A follow-up site visit was conducted on April 20,2015 to review Ellen Emery's bluff restoration activities at 5925 Nassau Point Road in Cutchogue.The following are the findings and recommendations from that site visit. Overall the bluff and retaining walls appear in stabile and functioning condition. A small overhanging lip of vegetation occurs along the top and northern side of the bluff which is contributing to a small degree of sheet and rill.erosion(Photo 1). This vertical face should be cut back to a natural angle of repose,seeded and plugged with vegetation. Erosion control fabric should then be installed overtop to secure the seed and soil until root maturation. This activity should be done as soon as possible to facilitate plug and seed establishment. On the top southern section of the bluff, sediment is eroding from under the retaining wall as the retaining wall is not flush with the bluff. Efforts to repair this retaining wall are necessary to prevent water and sedimentation from undermining the retaining wall. An additional board installed at the bottom along with vegetation is necessary to prevent future erosion and sedimentation at this location. This may involve the replacement of the retaining wall. if this becomes necessary it is important that filter fabric be installed behind the retaining wall to prevent future undermining. Additionally, it appears that a water seep/concentrated flow may be contributing to this undermining. Accordingly, care should be taken with the irrigation system to prevent any additional water from being concentrated to this area. The most southern and northern property boundaries of the bluff are experiencing and will continue to experience the highest degree of bluff erosion with landowners advancing differing bluff erosion management strategies. Collaborative efforts are strongly recommended to help ensure/create a natural transitional grade from one property to another with a dense stand of vegetation established to help reduce the risk of erosion. Any retaining walls that are installed in the future should tie into existing retaining walls;this would be to prevent a concentrated sediment vacuum where sedimentation and erosion is accelerated due to wind, gravity and water pulling sediment through the bulkhead/retaining wall gaps. Additionally, the termination point of the bulkhead and retaining wall will be a point of high erosion risk; therefore, terminating the bulkhead or retaining will in mid-property is not recommended. Deer are also accelerating erosion along the property boundaries by using the gap in the fence lines as a travel corridor. Their weight, sharp hooves and regular travel are damaging vegetation and reducing soil stability resulting in erosion. While it is challenging to deter deer,the repair of the gaps in the fence may help to alter their route. 011ice Hous:Monday On oughTlim sday 7:30a.m.to 4:00 pan. Iniday 7:30a.m.through:3:00 p.m. JUN 3 0 2015 EXHIBIT #9 40 • Lastly, maintaining dense vegetative cover after ensuring function of the retaining walls at top and toe of the bluff are critically important to reducing erosion and risking bluff failure. Accordingly, any gaps in vegetation should be seeded and planted with all recommended species except beach grass (too late in season) before June 1'. In addition, regular vegetation monitoring should occur indefinitely,with revegetation occurring immediately(as the season permits). Please feel free to contact me with any questions regarding the finding and recommendations associated with this report at (631)852-3289. Sincerely: 4; 4t �-o Polly L.Weigand Overhanging Lip of Vegetation L rY III 44 P, Y �L in r r .ps R JUN 3 0 2015 4P go Undermining of retaining wall Erosion on southern property boundary L ; k .Y r. u Northern property boundary erosion i IV Gap in fence creating a deer travel corridor t �y 4 �d v A b JUN 3 0 2015 Top of Bluff 3' a T 1 � I i r„ f Bluff Face Toe of Bluff { 1 J V. 1J� JUN 3 0 2015 Dan Sefigmann, PE 24 Cherry Lane,Hunfington, NY 11743 631.423-2544 908-400-3580 Cell 2015-002 April 4,2015 CLIENT: Richard Lark Esq. Lark And Felts 28795 Main Road Cutchogue,NY 11935 REFERENCE: Ellen Emory Residence 5925 Nassau Point Southold,NY SUBJECT: inspection of Existing Retaining Walls and Bluff and Erosion Protection INSPECTION DATE: February 28,2015 07704- OF EXHIBIT''10 SUCT• Performed field,inspection of iiew retail iig`walis,and evaluate.the slgpe staYiility of north and south:upper wails and-bluff Recommend addltional.stabilization methods:.�2evlewed thea ;isting,stairs to the beach-for suitability and,,dbi0ility Conuiaent.o-the,sWrs ', ., canafiruction=and'orientation. . BACKGROUND i The'property overlooks little Peconic Ray facing northeast�on a bluff-app feet above-the-water.and 8:1,,feet.baek.Anew bulkliead,at tliebeach runs the len of the- .- property riortliAo south:A.retaiuing.wall is behind'approxinaately 25.feet:inboard,the bulkhead":arid-four above,Two additional retaining walls were=buflt'to retaan4the bluff and, slope. The-fgst retaining�waq,is' approximately'5S'feet.jip the slope and-the,otha at the top of the bluff._': dw siair case with landings was also',built: DISCUSSIdN: It-was noted'b'survey;that the top-of bluff retaining wall and'second level,waWdo not extend td the prop_.erty.lines.There:are.meas.of concern ,,both the;south and:north,sides, ;of the property that erosion is=occurring.Afi the time of the inspeeti6fi tlkgr' ' d was snow covered'irl many areas., - gotith Side:.It was observed that the-retaining wallcomprised=of 6x6timbers at-the ltoi of bluff,.does not extend t0 the property Line.�T'- next,retaining wall for the tope-of bluff dso° does'riot extend to ihe,propexty line.=The transverse slope-.between-t eEmpt ,Property: -and',the properiy,to,the soyth.are-currently,°graded forming a,swale at the eaifW st property-line, This_creates=a-drainage-paththat,appears-to�be_�erodin""the slope(Photo.No,- ;1-and;,2) Thele is,,material�erodim`from under the northern section of the'tinib"er'retairiing wall: PIah-Sider-The retaining wall:at.the top of the bluff does not extend"to`the property line. Thewall-pgles North West-and.ends approxi.mately-3-feet'from°the�'propgrty line.,The grades at thxs'location are lower,than,the adjacent:property.The top of slope.is-also.set back'from Ihe-north neighbor's•top of`slope:This'creates a swale at ttie north=property Brie,that is'erciclingthe slope: Thereis,a mass of roots and;vegetation t,tts-pirevenf ng, eroisidi -o f the slope arid;continuing failure of'theadjacent slope.to the north.(Photos-No. I a64.4).The second•level retain ng,wall=does novektend..to the;properrty line..It ends. apprgximately 12,feet from.the property fine., Existhag Staurs to the Beach:,°The_ stairs proyide access'front'.thedo*x r retaining wall-to thejbeach.They are parallel to the retaining wall ancl:areattached=fo theretgming X11. ^a solder piles:,The stairs are.i iade'up of marine grade-timberand-FItP gratirig:treads.This is`simil_iu to=66pr-existin -ttairs southof the rderenced:property;(Phyto=S;taken:April Thestairs to-the beach are_wellconstructed using,d4rable nmie�ials'anis Having ttie,stairs parallel to-the;xeiainingwall.presents less-a1f a-faceto-ilie waves coining.- to the,',bay:The JUN. 3 0 2015 ��`� stairs are also an'choredto4he retaining wall.Having the,stairs,perpendicular to the retaining wait presents the treads acid piles head onto the wave-action::B obi the north-east v fTwill cause thein to,deteriorate over--time. The wave<actipii forces act;nii the>pile and stair treads-44eri the stairs are not,protecteo by.tthe retaining-,wall are-greatef since, there-is noretaining,wall to act",ava-ve break: - .RECOM ENDATIONS: South Side:,The vxisting`6x6°timber retaining wall--should.be reworked to;,extend;to.the property line as riece_ssary..Additional timber pile:'lagging,arid wale"r's.cowd be used ter the wall extended-in,using kind materials:In Ueu.of reworking the-6x6 timber v 611--they area should minirrially be cleared of vegetation,,and;a vwoVdi,geotextile..should;lae,layered over,the:slope and died:in to-the bottom of the timber 6x6 wall` ackfillingit'o,-aboyeAhel lowest f &'-with sand fill;,Me existing second ing w level retainall�should'tied`back�vdth, helical-anchors.The_W&I.,'should be eXtended�to the-:property-',P using like-materials=to Abe_existing'section and tied baek.vuith helical anchorsZThe,new iiid;pdbt ng,return should be raised approxiinately'feet.The area at the.south:property l%ne should,be-filled and;re-graded to ciente,a more gradualslope andmelded into the=stope.of the fadjpining property to eti riigate.the Swale:WovengeotextUe should'be plaeed'.fram the base'ofthe' upper 6xb timber wall d6Vvt the:bluff and.-pintied'to the slope:.A�6"`layer of sand:fi21 should.be:placedran.top,and:;inc'i'gpnous.p' n 16 gs shouldb testabl ked. North side: The-existing second level retaining,.w&ihould�be extended to�the..property line. This can be.done by:addingfiinber piles-spaced:maximum of 6°feet:pad-Eed`hack wifilr helicalfpiles,and timber 'sheeting and�waleis: The existing;return wall;shouiil.have helical,tie back.anchors,added.The extended section;arid'existing return sh6uldbe raised approximately 2.feet.The-vegetation and'brush should lie removed:Additional=saiiii fill. -shoul&be iadded and=the',- regraded to create.a more gradual-.slope'atid meld'int&the slope of the adjoining,property to eliminate'the Swale and dirainage°.path:Woven ,geotexdle.should be placed from.the existing upper-retain*g,w:all'down-the:,bluffaaind_ pinned to the slope,TA 6"layevof sand fill-shoulcl be placed on top,and-Judigenous plai ti4gs should'be-.established. Since the'adjacent property is,l igher,,amd flirt ,pr east a retaining wall'seciiblirunning.east . to wesf extending to the existing upper wall return to prevent,a slope.failure ioin,the adjacent,property shauldd be'considdred:"This might be�d6fi6,iri ccincert:witl �%O.-.ieighbor° to build a'retaining4alT on the adjacent-property to,restore and-protect the Bluff' Respec y submitted, anSeliginann Professional 1 n4ineer,NY "YLL ; ; ;.�_ `� N 3 0 2015 2 + s7» . . 4� . . � . : � rn � x � � , �w y:� ®� • . ?�2 ■ No. 210 2015 r"° r> { i, Photo No. 3 ji t � c Photo No. 4 J JUN 3 0 2015 5 1, • Photo No. 4 r « Photo No. 5 Fl I"' JUN 3 0 2015 J b Notc5 I'mmde pile and lag - mmAll work don&, in acc&lrdance with ail appdtcable state and ed bill stepped 40"the local codes. slope and Fl a=fill as Dramriq5 ba5ecl,on 5urveys,provided by John C. ffhter5 ttaaas�pajry fftatntain 3.4 -dated 05-14-2013,Drowinej dated 12-12-2013 fear brush kom top of store minimum and site visits February 28 and April 4,2015. slope and"rade 0.5 and Flaw fill as nece-saary 01�. � Materials; Timber piles - ASTM Class 5 2.5 CCA Treatment Structural'limber.- 5YP Marine Grade 2.5 CCA Treatment IQ, Bolts, r645 etc. ASTM 307 S V hardware, - All,hardware hot dipped 43a(vanized Virt�l She etinj - 5ho"uard 4�5 and G50 by CMI Woven Geotextile- Granite lfnvironrnentil 4.1 oz Woven 1 ax 5353 dr awilfrom "a5 built retaining wallsP Dated 12-12-l'- 0 RU evised, - 14 5;, �a ......... R V',Vt 4 5 Cr 71 1 All S of wig I-P A- tl� 16 jar C lo 10 r f, Clew bnott.foaroad V to UN '3�O '420 Graphic 5cale, 07,704 Par6al Plan OF L3 Contractor: Propo5cd additional 5tabilizattorl. MAW"M Dan Seligmann PE Seacoast Construction Ellen EmerY Residence LIC: 077CAA Sayville, NY 5925 Nassau Point Road cutchogue, NY 11935 excetineg retaining wall'5 �ASSHOWN 4 W=V(DS or, 15-15 201 EXHIBIT 11—A ------------ _ __-- -._ .. - - -... _ __ ,:• � i 12*Cliw5sO,TimberPile 20 ft lonej WOW F-Xi5tim Pldel-Fore PeteGAG ti 5horeqtiarcl 425 Vinyi ko"43 ,,Ime. el shdebng 16`[on 510? or 20 f''o" 64' GxV Timber Water(TYF)--.,, 5G SOSpam O toll S SS \0 Tfoof I Eibedt?' 0a V%6�OOF Pke 3141 (�alv. Dock 13alt: 5h0v C.Orlicr 00 Nut Washer(Typ) 14� 0 �! V1 11 V2, '0 0 G, the t 0 3'y� -TON 9 wek 0 tqTI sheet pit e, U C-C Plan North Wall Addition Plan South Wall Adkfiti-on 5ection Scale: 1/4"= 1 '-0" Scale: 1/4"= P-0" Scale: 1/4"= P-01' L 5asting Timber GxIS 1—?iatatning Wall J U N 3 0 2015 Existmg store Dackfill to new slope New Extension 615ting moll undc"i,"Y woven-340tcXtile I(Y C1.155 5 Timber rife r7sTinq wall New Extension 20 fl;long 10'Class B Timber 10'Class B Timber File rite 12 ft long 3 New 6"x8"Timber 20 ft love New 3x 10TfG I Walar cryp) G'ke Timber Wilor aW) sheeting V loncj M) G*xW Timber Water(T'yr) -3 Min ZO 2 New GW Timber 10'Class B Timber .3/4"Gaiv. Dock Bolt [life 16 ft[Ono 3t- Waler Nut 4 WA51-r(Typ) 111311 5t,", 5"'re �e & 0 TSG 5heatincj 3x 10 T*G�,heebn.3 basting.3x 10 TtG New 5, ; 11'GAv.,�Rcd Sheeting ejo.5ting(TYP) 4R9 Helical Anchor&-10' 6"x8"Timber wafer(TYr) \\N L U' 3N-1 9 t T4G 5heatin9-/ 117 Class 5 Timber r 0 New Ox&Timber &loncj Water Mr) 3 Hatter'Ide I G ft 16% ExmttiTI3 10"Class B � l � Timber Mles, Timber Mle5 Ex'stInfJ 1 U qa55 5 Deviation North Wall Addition Elevation South. Wall Addition l•/W= I '-(Y' Scale: 1/4"= VAY' OF_N 5-ection 13-13 Scale: 114" -0" Contractor: Proposed Dan 5alicynann PE Seacoast Construction Ellen EmerY Residence LIC: 077043 5ayville, NY 5925 Nestou Polot Road Cutchoguo. NY 11935 Ketaininej, Wall DetaiI5 AS SHOWN MM fff as QUE G-15-15 fff EXHIBIT 11-B ams 5"�s°'tr`k+��lt�ra�c- .•�'"e�•�W 9 MUM, Lot 40 It y t . o "2 F '} tt jtt li tL t t i }t • - 9 f ! �,,,,..-^•'y'! t t t t t } t t, }�.} t } } L i t ! S,cN ��4 t 1 __ vkss r t • .. - 1 s& it '"`'. '�mo- t.t 4 tt k t }-1 1 t L t t t C1 I t 1 t t t t la f t } L } 1 1 0 r;r •r ;.�y � t 1 � �etDc radw \ sc��Atttx&��!z psm�xzp( a� � t t ! t t I t 1 i \\ \t \\ .....__—•.—.._ ar�z� t' � '` 1�{—` t L 4 \t \\ `� 4 v` t s \ 1 1 t Tpt�a1 Leachln Pool t t , �"t y t t NT t \ \ a. 1 \ •a ae..-"^"'� i t i L. t `} } t J J ( J All Iewacheag pouts ware tmtaalled in clean sand mth no �� Cti \t \• 0 � t t 1 J o ounJ vomer encountered within 2 feet below the t � ` ` `" LCsI \ \ �i c� y„ :�t.-r-+' t } t 1 €1 t }t 1 t \ Q( \ \ n• t } t t t t bottom of the pacfI t \ s `_., T° ` 1 1 t x^t"'{-�'I it } \ \-t k t t t �� a ti t t � I }ts.it t \ o\" tt1 ;� _"':"'-..- } a \ \ ti ♦ \ t t �'"'"� JU OD c `�o, \ �ro,����*,, '36' `• 't ► tt �� '\ s J '�""" j t i t t t JUN 3 0 2015 % -lk�f��� [�p t LEGEND Niyit 5: _ 1 t t _ All work done.to acMarice vAth all appttt<able state ani: fun ff Direction D local code, [�r t --�-1•-- 6'F'VC,PL-rfc"ted Drain Fire based on-Surveys pro+nded by John C. Ehlers Lot 42 Mad O5-14-2013 and 4-»25-14 and site visits July 21__ Auqu!t 26 and October 30,2013. -}---}— 6°'PVC grain Fipe Sprinklers installed 6"below grade 05 Downspout Graphe Seale OW Drywall Property.. Peconlc Bay SSS" Its Total Area:30,379 sq ft 0.G974 Acres Total Land D,Isturbari= 9,600 5q ft a Gravel 2 % 510re `Tu - Turf atormwater Draalacle Calculations: Roof Area- 1800 sq ft C=0,95, Q=.08 cfs 285 cffhr se Onveway Area-3600 51 ft C=1.0 0-.1 G4 ds 593 cfthr Filter Fabnc � Turf�a-38W sol it C=0;30 0�-032 cfs !F3$Gf11ir 5TOgMWAITR CULATft7NS FOP,A 2"MNFAL1 _ t i P ` Qrratnage Swale tenyth -. 150 ft Drainage Swale SGGt1G� OF � -J,S"-ISS Qarl 5ellgmann PE County Marine Contracting �Ifen EmeryResidence1 A t t � 24 Chef^ry Lane, Huntint3ton, NY 1 1743Cutchogve, NY 5925 �tsau Paint Roalf Cutct,s=sua. W 1105pra111age Plan AS Erle: 077043 Sattolk County T= # 1000-111-13-6 tat 41 ,. SHM Wim.MY as D P— t t� _ FXHTRTT 12 Note5: Frowdc roe,and tagged All work done in accordance with all applicable state and local Codes. slope and place fill as Dtawin,35 L-*sad on Surveys provided by John C. F-:hfex5 riec;essarymamCua 8.4 dated 05-14-2013.Drawin&3 dated 12-12-2013 Clear btu5h from top of slope minimum E and site vt5its,February 28 and ApA,4,2015. Slope and rdgrade and place hil as aww-i5ary i Materials: Timber piles- A5TM Glass B.2.5 CCA Treatment Structural Timber- SYP Marine Grade 2.5 CCA Treatment Bolts, rods etc. A5TM 307 hardware -All hardware hot dipped ejalvantzed Vinyl 5heetinej - 5horerjuard 425 and G50 by CMI Woven OcoteAile- Granite Environmental 4.1 oz Woven IS j-M Base drama from 'a5 built retaining walls" Dated 12-12-1 Revised 1-'0'%-14 > M. Q4 Tfd*x-r reC33Mno wan*5ia=w watt ar V��Xj O,van D, V` E Oace WOM% . r- ' pertmt.rrx�rarieancr la o la nd Graphic Scale � ��_ t"j 20 i J U N 3 0 2015 Partial Plan Engineer: Cdntractor: Pro used additional Stabilization Dan 5eli,�mann PE Seacoast Construction Ellen Emery- Residence en5brici retaining.walls LIC: 077043 5aywfle, NY 5925 Nastou-POW-lkad cutch-Oque. W 11935 AS 'iiOM 20 us G* OG_15-15 - a`t� 2i7;f't•fang �,btr►` Eic�sting`l'icketgPnt �pvtde,6 ;nt� ,1 Q't - 1me. Stray eguard51%iityl P. Y'�1�'yy'�he _ - _ � ,, - 5f7eetanr�•i`6_i;�ng-'- - - -- -- .t+ r 6 °•T�ir_rier,4lfi�t Cf ti f'Z ave n-- .001 v�nY e� - iiib_ _ tasherd(TYi?} +' mai stip " aiers aAt I'.: �cyott�' nye C•to mstfi"r Etiv_vmysl st ' nl .• _ - -, _ - 1��anN:ca_r. t .- .Sca 1/4' !'-p+, - - -- - - -- - - 5ca1 :,-1. 4"-- >I,'-G�" JUN 3 p PSuStrrigTimb�r 6ic 2Q�5 i ; _ Retng-Wall; r_ �i`f"F.i kJtil,f.Q'nit9itivJ'( L N&wutecisfari &wing inrall i ",dssd rta�!woven geotextil ` f:0'-`'CiaSs-$Timber'Pffe - � - -`- •- --' -- - E :t n ang,wall: tVew:6tenslon ?O-it tong; _ f,t?U'Class B Titnber` I.O°Glass B T1mber'Piie File 12;ft long 3'New'6"�c8"TiriiFie�' _• 'zQ ff tong: 6xin ►tmberNVater.(1'1'f'} stieeting 8'_fotsg tTt'F) .Y- ;f,r5� tti!aler,(TYPE', • s, .' _ - l 6. TsmbCr'Waler'Ct) 2' New 6��x8"Tow -- Mill�Qt 31�fi" fv.bd2 k vt alt ., ".a.,._ ; =batter.Prte !'�,ft long; :3. ,, . - - • Waler a (ryp3 I _ NUSf Sher ' En ing 3ii.i;tT'T G 3x.1,0'T*sfteet�rig _ J*Gatv;:Rr�d esv 3x;1°.Q'T sheet n ,: ;' �i'iG-�tift . ! --- ''_•t . ���';' a c _ 'G�t1�1Clg:{�� p A,, :R1 •�il 1 - I' xt`.G'11W'��.!',+tChG1'$P'�l�} 4,• - l. �rritier Water; '.�...�.�.��-}{ .�- `` i< " 1 r_-. _ _ - •' `'r - = tVeai�6" 'TimtSac, � �; }-�j;�•�,.—•� •T�� ;(* �tie�tm9' __i.(1�'Ct ,H;`t€rrib�r t _. 8'Coti9- I3atter•fi'c1 •16;.#ti.ton E ;E?ns�ingtt},Mass 8- .j I G -_ ; LI, - -Tatri6er Pates -ty;j;,�� '�.:;:=,.6'�; _ `�angtirfg1:Q�GIa5s;8; Nc 'r =h 'U r1l Adc � nor Ievat�o uth. WO,aII Adl�I�ia,nUSF - - - -- _- 5 Enr�t� er `Cc—&Wac orr r ©ari' elrgrctan:7 t' SeacDaS Cr�ntrv�tCart Filart'.,�mer�resiiience 'C`C}�Gj '.c .a : ' UCi,`j0 - _ .- _ =;59251 Nft0u:Pd1nt,Raodj 'Cuio600m K,-Y-- = 77043 Sajntdt'e,-NY 20'2' D // tam sv UCIA :PeeuIe.1(3 Lt W1 9-21-tt.1-006I, # =.L-4unao Xlo""S IonDop4no M I*nB*4*VO pbotl W!Od Yw8GDM SZ6S AN Ctr/- I I AN 'uO*UI4unp_louej Ajj. pH:D -VZ aOUGP!s48 kJOUJ3 U0113 rvuiq:;)ejquoD ouueV4 A-lunoo QJ uuew&li:pc ue<] 1;og I --,oAWy q*u2l vlemS*Gvuivja rffJNWS Z V�0,4 GNOJlVlnDTv.D�QIVMVUOIG M*O=:D 11 6s oogs-mv lial. imo gg I �P no I -o'i=:D;,; aws-mw Aemomio pow"Pd 4s9 J44:1 993 GP 90'=O S;G*o br.fog I -raw joa�j n' IiP C1 a OIG % :u v's cog's mme4jnva Puel lepi. MO. so -ins apek moloq.9 PvIlevul gjpmUU61G or e I OZIOS iglopo pue 9Z qqnfnV P1114 Ilt-a OAJ.9 finrs lsv<-alls Pue v I-sz`f*Par c I oz-v I-G Pa4lep GJ914;1 U40r A4 S ' Iwai :;Uu 94945 PMenticide 119 44VA Gp::WP-J0:)Ov Ul POOP AJOM [IV A `49 0 �-zff%va A N 4, A I I I x ti OLP 10 wOPO4 oil L44M Paw VC-912 us P, GIN 100c] Dutq�eoj jeoidV 01 -,-a q-4 rA t�h-az I I OP f A I # jam{ I y I 4-3 Ott opt F It I 10 oS�oZ Ov 401 v0s SURVEYT MAP OF P OPOS�' SUB�VISION 41DNA, NASSAU POINT'GLUB PROPERTIE5 ING., SITUATED ON NASSAU POINT, SUFFOLK GOUNTY, NEW YORK. SAID LOT AL50 SHOWN N ON "AMENDED MAP A, NASSAU POINT", FILED IN THE OFFICE OF THE GLERK OF SUFFOLK GOUNTY ON 8-16-22 AS MAP NO. 156 e 51 TUATE: GUTGHOGUE W E TONN: SOUTHOLD SUFFOLK GOUNTY, NY S SURVEYED 05-14-2013 REVISED 10-23-2015, 11-20-2013 DRAINAGE PLAN 04-25-2014 SUFFOLK GOUNTY TAX # 1000 - III - 13 - 6 cCIERTMED TO: ���" 40 q► r ELLEN EMERY l I I �I 1111 III � � PROPERTY ADDRESS o3��20"� uGE p5/5 5925 NASSAU POS"ROAD 1 cCUTCHOGUE,NEW YORK 11935 — 0- 2o % GHIM 1 1 1 i I 1 1 1 11 p 111 I I I �W a. III 1 1 11 \ 1 1 ` III v m ---4 ny 1111111 1 1 \ LI�130A / \ 1 1 1 1 N 1 ko I I I DCD 1 42 \\ \ -q OP.GRATE ON Ol RICK z I I I I I 1! 1 N I 1 1 11 I I H POOL I m STOOPI�1 O 1 I I I I I T C7 LIL O�X I \ \ \ O n - ZPF,-� co Al 41 1 1 1 I O n 231 3 O � z \ � \ � _ � � 1 O \ LAWN �� \ z FRA 5 I \ \ \ \ \ \ \ \5T0 D o 0 OP.F,ZEN H DRAIN \ 1 u \ CP 22 \ I I ON 4' DEE$OOL v ASPHALT DR EWAY ON pp-op.G L \ \ \ ,��1 I AS �( \ 4' DEEP OO1 1 303 � O 9 P O4 I ' S"1e,036 2 Ir ; t i hlNOTE: JUN 3 0 2015 BURIED RETAING WALL LOCATION PROVIDED BY CONTRACTOR "Unauthorized olterotlon or addition to a—vey NOTES: T . ". ti M ; ®� ��� map bearing a Ilcensed land wrveyo s seal Is a °'(;' } {;• v101atbn of sectionNew York State dluaatlon Law.' JaH'I"- -° E-4LERS LAND SURVEYOR °Only copies from the original of this survey marked U Wlth an orlgol of the land surveyor's }q '0 stcanped seal shall be consld-ed to be valid true cople5" it ws'd Area = 30, 379 Sq Ft. "CeftIfIcotions Incilcoted hereon signify that this Area = 0 6974 Acres 1N. Y. S. LIC . N D. 5 0 2 0 2 s 9 ey was prepared In accordance ylth the u- 6 EAST MAIN STREET q stln Code of Practice for Land Serve s ado ed i i l � Land 5u-ve�rsStSaid�EIf ctatlons shells un onQgl GRAPHIC SCALE 1 = �� RIVERHEAD, N. Y. 11901 369-8288 Fax 369-8'287 �� to the Pe on For Wpm the survey is Prepped, __- -"i T.,y,,, Q J cmd on his behalf to the title tympany,governmen- '}=F "'• -- l o n g i s l a n d l a n d s u r v e y o r . e o m Fiji so202 vP tel agency and lending InstIWtlon listed hereon,and -- s Eo the asslcy,aes of the lendhg additfon GerHFwa- LAN tions a e not trareferabe to additional InstiWtlans an bow,97 0�N ., -- - -------- y rM -- —99-99 06*2- 5A(.1 12 62Z ON !D4147 07 2&W A I tz x2 'JA Mll 12 W 2145 1.2 4 6 8 U7 +b a co" 4A(.) A t4m---7 - 10 I'll 14 7 0 2 .a OR C 12L) "O IETA MR NO 10A, GA(C) scho 9 sus—C No 'oo 90 NOTICE sou Seta 21) COUNTY OF SUFFOLK K OL L E Real pe 8x yice�gency y SECTION NO A G pM 111 E ------ JDC 1000 r Cantrell, Elizabeth From: Cantrell, Elizabeth Sent: Monday, December 21, 2015 11:10 AM To: Bredemeyer,John; Michael Domino; bergend@sunysuffolk.edu; Charles J. Sanders (sisyphus3@mac.com); Sanders, Charles J.; DiSalvo, Diane; Hulse, Lori; Duffy, Bill; Kiely, Stephen; Silleck, Mary; Russell, Scott; Louisa Evans; Ghosio, Bob; Dinizio,James;William Ruland; Doherty,Jill; Standish, Lauren;Tomaszewski, Michelle; Reisenberg, Lloyd; Tomaszewski,Zachary; Bunchuck,Jim; Caggiano, Richard; Cappabianca, Lucille; Collins, Michael; Doroski, Melanie; Epple, Andy; Flatley, Martin; Foote, Nancy; Hydell, Carol; Johannssen, Michelle; Kalin, Carol;Justice Court; Kruszeski, Frank; Lanza, Heather, McLaughlin, Karen; McMahon,James; Michaelis,Jessica; Neville, Elizabeth; Norklun, Stacey; Orlando,Vincent; Richter,Jamie; Sakarellos, Elizabeth; Scott, Robert; Spiro, Melissa;Standish,Jeff,Sullivan, George;Terry, Mark;Toth,Vicki;Verity, Mike;Webster, Kevin;Weisman, Leslie; longislandreport (longislandreport@gmail.com); 'production@WLNG.com'; nofopatch@gmail.com; info@timesreview.com; denise@southoldlocal.com; King,Jim; Rudder, Lynda; 'david.schwartz@newsday.com'; 'cmiller@timesreview.com'; editor@timesreview.com; 'office@nfecl.org'; 'nicole@hamptons.com' Subject: Board of Trustees Special Meeting Attachments: Notice Trustee Special Meeting 12-30-15.doc For your reference, attached is a notice for a Board of Trustees Special Meeting to be held Wednesday, December 30, 2015. Senior Clerk Typist Town of Southold Board of Trustees 631-765-1892 i John M Bredemeyer III, President ��y\OgUFFO(�'p� Town Hall Annex Michael J. Domino, Vice-President ,�� GAJ, 54375 Route 25 James F. King o "` P.O. Box 1179 coo Dave Bergen Southold, NY 11971 Charles J Sanders ® ��� Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SPECIAL MEETING NOTICE December 21, 2015 A SPECIAL MEETING of the SOUTHOLD TOWN BOARD OF TRUSTEES will be held on Wednesday,December 30,2015 at 8:OOAM in the Main Meeting Hall at the Southold Town Hall, 53095 Main Road, Southold,New York, regarding the Wetland Permit application of ELLEN F.EMERY 1999 REVOCABLE TRUST. Located: 5925 Nassau Point Road, Cutchogue. SCTM# 1000-111-13-6. Elizabeth A. Cantrell Senior Clerk Typist Board of Trustees Town Board Town Attorney Chief of Police Supt. of Highways Departments News media �y`� fFat/( John M Bredemeyer III, President y 0 C Town Hall Annex Michael J. Domino, Vice-President ���� �Gti 54375 Route 25 James F. King y z P.O. Box 1179 Dave Bergen o n, n Southold, NY 11971 Charles J. Sanders y ® o�� Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SPECIAL MEETING NOTICE December 21, 2015 A SPECIAL MEETING of the SOUTHOLD TOWN BOARD OF TRUSTEES will be held on Wednesday,December 30,2015 at 8:OOAM in the Main Meeting Hall at the Southold Town Hall, 53095 Main Road, Southold,New York, regarding the Wetland Permit application of ELLEN F.EMERY 1999 REVOCABLE TRUST. Located: 5925 Nassau Point Road, Cutchogue. SCTM# 1000-111-13-6. Elizabeth A. Cantrell Senior Clerk Typist Board of Trustees Town Board Town Attorney Chief of Police Supt. of Highways Departments News media Cer_K, f c �jlq,,111)5—a-f 9, IV�1I_ � r1,�1,21 ��'1 � l /,U, �l 73 7o! a 10 o�� 50 o S .30 9 a s - ----- --- ---- ---- ENDER: ETETHIS SECTION COMPLETE THIS SECTION ON DELIVERY s Complete items 1,2,and 3.Also complete A. Signa�turre� U I item 4 if Restricted Delivery is desired. en� ■ Print your name and address on the reverse - r 4e�❑A dre see so that we can return the card to you. t �. t B. Received by(Panted Na C. Date of 9i ■ Attach this card to the back of the mailpiece, �, n "� w , ry or on the front if space permits. V o t bft,-A U t v?A i 1. Article Addressed to D. Is delivery address diff eren rom�it mi? e'�s _ If YES,enter delivery addres o C o 14 Of d� P0 9"�311 3. Service Type / Certified Mail 13 Express Mail ❑Registered Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7012, 2210 0002 0350 5930 (Transfer from service label)' PS Form 3811, February 2004 Domestic Return Receipt h�• R� M 117 Ln m _ M Postage $ C3 ®L® fL Certified Fee =_ �- O �—-Postrnar Return Receipt Fee � � 0 (Endorsement Required) Here Restricted Delivery Fee DECt 2 2015 - (Endorsement Required) =_ a� TELL fl Total Postage&Fees �PS S ru grd_I-ark G�rk it�l - --n - - O Street Apt.N. o &?,- / 7-3 tom- St ee Box No. ----------------------- ----^ ------a----- ---------------- Cdy, n��{// :oo a. �V 7 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex P.O.Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Telephone: 631 765-1938 Southold, NY 11971 COU Fax: 631765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: John Brederneyer, President R LFEB 18 20147 Town of Southold Board of Trustees how QUS= From: Mark Terry, Principal Planner f LWRP Coordinator Date: February 18, 2014 Re: Local Waterfront Revitalization Program Coastal Consistency Review for ELLEN F. EMERY 1999 REVOCABLE TRUST SCTM# 1000-111-13-6. Lark & Folts, Esqs. on behalf of ELLEN F. EMERY 1909 REVOCABLE TRUST requests a Wetland Permit for the as-built 100' timber pile vinyl sheet bulkhead; as-built 80' timber pile tongue-and-groove sheet retaining wall with two 8' returns located ±25' landward of bulkhead; as-built 80' mid-bluff timber pile tongue-and-groove sheet retaining wall with two 8' returns located ±55' landward of bulkhead; as- built 85' timber pile vinyl sheet retaining wall with a 12' return and a 25' return located ±10' landward from top of bluff; as-built bluff stairs from top of bluff to beach consisting of a 4'x7 access platform leading to a 4'x28' set of stairs with associated 75sq.ft. platform to a 4'x7' set of stairs with associated 95sq.ft. platform to a 4'x17' set of stairs leading to a 4'x13' walkway with a 4'x10' set of stairs to beach parallel to bulkhead, supported by 8" timber pile posts and composite materials on stair treads and decking; as-built 1,800 cubic yards clean fill spread evenly between retaining walls to replace lost bluff material with placement of erosion control jute matting on bluff; for a proposed rear-yard drainage system to direct roof rain and surface water away from house foundation and upland retaining wall by providing a drainage swale with 4" PVC pipe to a drywell in the front-yard area; and for a proposed 200tq.ft. deck of composite decking supported by TxT posts located 10' landward from top of bluff. Located: 5925 Nassau Point Road, Cutchogue. SCTM# 111-13-6 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 as-built structures are INCONSISTENT with the LWRP Policies 6.3 (below) and therefore, INCONSISTENT with the LWRP. 6.3 Protect and restore tidal and freshwater wetlands. 7 , 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The actions do not comply with Wetland Permits issued. 1. The bluff stair does not conform to permitted specifications (7706, 7652 and 8222) The 95 square foot stair landing stair was not included in approvals. Wetland Permit 8222 allows the installation of a 10x10 observation platform at the mid-bluff retaining wall. It looks like the 75 square foot platform would comply with this condition. 2. The as built retaining walls do not conform to permitted specifications (8222). 3. The as built bulkhead does not conform to permitted specifications (8049). 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 Peter Young,Chairman - Town Hall,53095 Main Rd. Lauren Standish, Secretary 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., February 12, 2014 the following recommendation was made: ELLEN F. EMERY (Trustee of the Ellen F. Emery 1999 Revocable Trust) for the as-built restoration of the bluff, upland drainage plan, 200 sf. observation deck 10' landward from crest of bluff; as-built 100' timber pile vinyl sheet bulkhead, 80' timber pile tongue and groove sheet retaining wall with two 8' returns located 55' landward of bulkhead, 85' timber pile vinyl sheet retaining wall with12' return and 25' return, 4' wide beach stairs from top of bluff to top of bulkhead, 4' wide beach stairs parallel to bulkhead with fiberglass reinforced plastic treads, 1800 cy. clean fill spread evenly between retaining walls to replace lost bluff material, and placement of erosion control jute matting on bluff. Proposed rear yard drainage system to direct roof drain and surface water away from house foundation and upland retaining wall by providing drainage swale with 4" PVC pipe to a drywell in the front-yard area. Proposed 200 sf. deck of timbertech composite decking supported by 6"X 6" posts, located in rear yard 10' landward from the top of the bluff. Located: 5925 Nassau Point Rd., Cutchogue. SCTM#111-13-6 Inspected by: Doug Hardy, Keith McCamy, John Stein The project was completed prior to the inspection, therefore no recommendation was made. • r LARK&FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE,NEW YORK 11935 Tele.No.(631)734-6807 RICHARD F.LARK E }E U L-' Fax No. (631)734-5651 MARY LOU FOLTS 4.' E-mail: LarkandFolts@aol.com OCT 1 3 2015 } October 9, 2015 Southold Tarn Burd of Trusteel Southold Town Board of Town Trustees 54375 Main Road P.O. Box 1179 Southold, NY 11971 RE: Application of Ellen F. Emery (Trustee of the Ellen F. Emery 1999 Revocable Trust) SCTM #1000-111 . 00-13 . 00-006. 000 Dear Members of the Board: At the public hearing in connection with this application on August 19, 2015, various members of the Board had questions concerning the upper retaining wall at the top of the bluff; the size of the transition landings in the stairwell system; and the stairs to the beach. Jeff Clausen, who has been Ellen Emery' s landscape contractor for many years, after inspecting the upper retaining wall and rear yard of the Emery premises noted that any change in the upper retaining wall is not recommended. A copy of his letter dated September 10, 2015 is attached hereto as Exhibit 1 . Thomas Foster of County Marine was consulted. He informed the undersigned he did not recommend cutting the retaining wall flush with the ground, but to leave it as it exists . The retaining wall at the top of the bluff is vinyl sheeting with timber piles attached to a timber waler at the top of the sheeting. Originally it was'-installed primarily to save the foundation of the residence on the Emery premises . This retaining wall blocks the soil from eroding from the northerly property which is higher in elevation. The raised retaining wall also acts as a buffer to discourage human traffic seaward of this wall towards the top of the bluff. On the southerly portion of the backyard the raised retaining wall blocks the water from running over into a ravine which separates the property on the south. Mr. Foster also noted in the wintertime when the ground freezes and thaws the land is raised thereby creating a possibility that surface water will flow over the bluff. It is i Southold Town Board of Town Trustees -2- October 9, 2015 Mr. Foster' s opinion that this retaining wall in its present configuration is preventing any further erosion. The surface water not absorbed in the ground is presently being diverted to a drywell in the front yard. Mr. Foster commented that the landings as installed are necessary to make the transition from one set of stairs to the other. As to the stairs to the beach, Mr. Foster commented he has installed numerous stairs on the easterly side of Nassau Point and the ones built parallel and attached to a bulkhead withstand storms better than ones perpendicular into the water. He noted that the stairs to the beach on the Emery property are built solid, but are not overbuilt and commented he has built other ones of equal strength. Polly Weigand from the Suffolk County Soil and Water Conservation District and Jay Tanski, a Senior Coastal Processes and Facilities Specialist from New York Sea Grant inspected the property on September 17, 2015 . They commented the bluff is fairly stable and other than the proposed modification of extending the upper retaining walls to the property lines, nothing else had to be done at the present time. Mr. Tanski performed a detailed inspection of the retaining wall at the top of the bluff and he noted the timber walers located at the top of the vinyl sheeting were bolted into the pilings as it was all one structure. He indicated by cutting the retaining wall flush would destroy its structural integrity. Therefore, Mr. Tanski did not recommend cutting it and thought it should remain "as is" . He also noted that by being raised it prevented any water from the backyard area overflowing the bluff. Dan Seligmann, PE, inspected the property on September 26, 2015 and wrote a report wherein he describes the construction of the top of the bluff retaining wall . Mr. Seligmann states that cutting it flush with the ground due to the construction of 6" x 8" timber walers being attached to the sheeting and bolted to the piling would completely destroy the integrity of this wall. However, Mr. Seligmann did note that if the Trustees did not like the aesthetics of the wall then the timber piles could be cut down to approximately two inches above the existing wall and it would not affect the integrity or strength of this wall. Mr. Seligmann in his report discussed the stairs noting that they were built to conform with the slope of the bluff. He noted that the upper landing had an area that is not part of the stair landing and this could be removed if the Board so required as it serves no purpose. However, Mr. Seligmann points out that the lower landing transition area cannot be reduced because of the Southold Town Board of Town Trustees -3- October 9, 2015 geometry of the stairs . The only way the transition area could be reduced in size would be to change the stair angle. This type of reconstruction would cause disturbance which would compromise the bluff which has established beach grass in this area. As to the stairs to the beach Mr. Seligmann did not have any recommendation. Dan Seligmann' s report with exhibits with an inspection date of September 26, 2015 is attached as Exhibit 2 . At the August 19, 2015 Board meeting, the Board did not have a chance to review the report of Mary Lou Folts concerning stairs to the beach on the properties situated along the easterly side of Little Peconic Bay on Nassau Point. If the Board would review this report, especially the attached pictures, it becomes clear that the stairs parallel to the bulkhead in this area are very similar in design and construction as the stairs on Ellen Emery' s property. I am hoping that the above information is useful to the Board and if there are any further questions, do not hesitate to contact me. Very truly yours, 'C52� Ri and�FLar�k RFL/bd Enclosures Dear Mr. Lark, 09/10/2015 This letter is in response to our conversation regarding Ellen Emery's residence at 5925 Nassau Point Road Cutchogue, New York 11935. 1 have worked at Ms. Emery's property for the last ten(10)years and this by far is the strongest the bluff has ever been. The grading job that County Marine did with the soil is perfect. The slope before "Sandy"was going East and probably one of the many reasons why her property was so devasted by this storm. Today,the slope of the property goes Southwest nothing is going East. The height of the bulkhead wall is great because it creates another barrier and reduces any further damage to the bluff, the Rosa Regosa plantings and the beach grass. The height is also a good safety feature so as now one could fall down the bluff. I feel that lowering the bulkhead wall in that location is not needed and could safety hazards for someone to fall down the bluff as well as jeopardize the stability which has been created by this work. If you have any other questions,fee free to call on me. Sinc ely, a Je Clausen OCT 1 3 241 I I �^ ? Soutfiaid Taw�t t (3 a Tr f ` ' Dan Seligmann, PE 24 Cherry Lane, Huntington, NY 11743 631-423-2544 908-400-3580 Cell 2015-004 OCT 1 3 2015 October 2, 2015 ' Southold J,2wn CLIENT: Richard Lark Esq. Lark And Folts 28785 Main Road Cutchogue,NY 11935 REFERENCE: Ellen Emory Residence 5925 Nassau Point Southold, NY SUBJECT: Inspection of Bluff Retaining Wall and Stairs INSPECTION DATE: September 26, 2015 QApFESSION,y�� SEL-1C,� ti /y` s 0770i19 O SOF N�`�1� 1 SUBJECT: Performed field inspection of bluff retaining wall and evaluate the vertical projection of the wall with the thought to cut the wall down to grade as requested by the Trustees at the Trustee meeting of August 14,201 S. Also reviewed the existing stairs and landings to the beach with the thought of reducing the landing areas as requested in the above mentioned Trustee meeting. BACKGROUND: The property overlooks little Peconic Bay facing northeast on a bluff approximately 50 feet above the water and 81 feet back. The retaining wall at the top of the bluff was constructed of vinyl sheeting with timber piles and a timber waler at the top of the sheeting. A 2x8 timber top cap long runs along the top of the wall (See photo 2). DISCUSSION: Top of bluff retaining wall: The construction of the wall was reviewed during the site visit with the thought to being able to cut the wall down to grade as suggested by the Trustees. Measurements were taken of the height of the wall on the east and west side of the wall along its length. The height of the timber piles was also evaluated. See attached SK-1. The vinyl sheetpile wall is constructed with the vertical sheeting attached to timber walers supported using timber piles on approximately seven (7) foot spacing. The 6x8 inch timber waler is attached to the sheeting at the top of the wall using 3/4"dock bolts, nuts and washers. The piles project approximately 12" above the top of the waler(See photos 1,2 &3).Measurements taken along both sides of the wall indicate the vertical projection of the wall varies from 0"on the north side of the property to 16"at the south . on the west side of the wall and from 0"to 36" on the east side of the retaining wall. It should be noted the property slopes from north to south so the measurements taken are consistent with the grade of the property. Existing Stairs and landings to the Beach: The stairs and landings are built based on the geometry of the slope of the bluff. The upper stair landing includes additional area that is not required for the stair transition (See photo 4). The lower landing is constructed to take advantage of the lower retaining wall structure for support. In order to maintain the rise and run of the stairs the landing was constructed to set back the following staircase to meet the bottom of the slope at the base of the stairs. There is no part of the landing that is not used as part of the stair transition. The width of the landing and stairs L- is four feet which is consistent throughout the stairs and landings at both stair transitions. The stairs to the beach are well constructed using durable materials and having the stairs {p parallel to the retaining wall resents less of a face to the waves comm into the bay. The F I = p g p g Y stairs are also anchored to the retaining wall. Having the stairs perpendicular to the retaining wall presents the treads and piles head on to the wave action from the north east ® which will cause them to deteriorate over time. The wave action forces act on the piles and stair treads when the stairs are not protected by the retaining wall are greater since 2 there is no retaining wall to act as a wave break. This was discussed in my report dated April 4, 2015. RECOMENDATIONS: Top of bluff retaining wall: The timber waler that provides structural support to the wall is at the top of the vinyl sheeting,therefore the sheeting cannot be cut down without comprising the structural integrity of the upper retaining wall. However the timber piles that project 14"above the top of the wall can be cut down to so as to leave 6"from the attaching bolt on the waler to the top of pile. This would leave the projection at approximately 2" above the wall. The cut,piles should be treated with appropriate wood preservative (See detail on SK-1). Existing Stairs and landings to the Beach: The upper landing has deck area that is not part of the stair landing. This area can be removed to reduce the landing area. This will not affect the functionality of the stairs or landing(See SK-1). The lower landing area cannot be reduced based on the geometry of the stairs. It is not recommended that the stairs geometry be changed as the construction and disturbance of the area could compromise the bluff and existing retaining walls. During the site visit it was high tide and the waves were breaking on the beach at the stairs. The stairs absorbed the waves since the face of the stairs does not project into the Bay. There are no recommended changes to the stairs that can be made that will not compromise the structural integrity of the structure. Res lly Submitted, Dan Seligmann Professional Engineer NY ' OCT 1 3 Z®,S (� so-i d lawn p 3 - -_ , srv.�.#..lE:6Cr.�i:.;�:._...3w:..�ui �.i'-. ,'.•� U`i�: s tiM Photo No. I -Y 04, Photo No. 2 p ECEAVE i OCT 1 3 2015 BaardafTnjsWes So�;h�ia Tcr'rn 4 ' ,sem �:• { .:a {1r\ Photo No. 3 S A.a Photo No. 4 3 li' F OCT 1 3 2015 o.jthUldlawn TrusteesSuad of 5 i p Cut top of pile. Leave G" between ate, t bolt and top of pile minimum. Coat 12" Timber File 'l top of cut pile with appropriate T - wood preservative . .—fEXl5tincj Picket fence- 9. 1 Vinyl Sheeting. 0enoms meawrm,eM 3 - Irom wp or ewvy m m l g�rer: ' hC q i1 is Varies 50C plan p Varies e plan f �5 G"x8" Timber Waler (TYP) 12. 105, Dock Bolt Nut Washer (Typ) 13' 15' _ ` ( �maue as Inme 12' IT I2• 15• o .— Section at i I n to f bluff � , A� peso p o b 50 eq 6 12• 'i4-- -� 11 1 � 1 — Scale: 1 /4"= P-011 Io-, e' d 21• Q [. SEU " j 2 24 16 5' II' �• 10~- 0 10 2U 6 ! DID, 16' - �cra"_3.2015_ - "- - - ---- ----� -- ,yT�-or�a4�- - as 3r ' 3B• Partial_ Plan__ _ - - - ------Graph lc Scale - --` — OF NE`�a T e Notes: 51te v151t 9-2G-15 Measurements of height of upper retaining wall taken from top of decking on both 51de5 of the wall Modlflcatlon5 shown are 5chematic. Full deta115 should be developed prior to start of work. Base drawing from "a5 built retaining walls" Dated 12-12-13 Rev15ed 1-08-064 y Ellen Emery Residence Proposed 'modifications SIME DROM.M A5 5"°"" 5925 Nassau Point Road Cutchogue, NY 11935 To bluff retaining wa I I s Wk By D5e WE 10-2-15 5K- I ®��®F S®(��iy®l Town Hall Annex John M.Bredemeyer III,Presiden Michael J.Domino,Vice-President ® 54 Main Road P..O.O. Box 1179 James F.King,Trustee Southold,New York 11971-0959 Dave Bergen,Trustee Telephone(631) 765-1892 Charles J.Sanders,Trustee YO ®��c®�NTI Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD September 21, 2015 Richard F. Lark, Esq. Lark & Folts 28785 Main Road P.O. Box 973 Cutchogue, NY 11935 RE: 5925 NASSAU POINT ROAD, CUTCHOGUE - ELLEN F. EMERY SCTM#: 1000-111-13-6 Dear Mr. Lark: At the September 16, 2015 monthly Board meeting the Southold Trustees tabled the application of Ellen F. Emery having imputed from your letter of September 9, 2015 that you await additional materials from others to submit for Board consideration. Please be advised that such materials should be received in the Trustee's office no later than October 14, 2015 for consideration at our October 21, 2015 regular monthly meeting. The Board would like to conclude this matter at that time. Sigohn erely, M. Bredemeyer III, President Board of Trustees JMB/dd cc: Board of Trustees 1 LARK&FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE,NEW YORK 11935 Tele.No. (631)734-6807 RICHARD F.LARK Fax No. (631)734-5651 MARY LOU FOLTS E-mail: LarkandFolts@aol.com September 9, 2015 E C E - VE John Bredemeyer, PresidentIi Southold Town Board of Town Trustees SEP - 9 2015 54375 Main Road P.O. Box 1179 Southold Tom Southold, NY 11971 RE: Application of Ellen F. Emery (Trustee of the Ellen F. Emery 1999 Revocable Trust) SCTM #1000-111 . 00-13 . 00-006. 000 Dear Mr. Bredemeyer: Since the public hearing on August 19, 2015, I have been discussing the suggestions the Board made for this amended application with the engineer, Dan Seligmann, the contractor, Tom Foster of County Marine and the landscaper, Jeff Clausen. They are in the process of coming up with some written suggestions which they promised to deliver to me by the end of next week. I also wanted to get the advice of Polly Weigand of the Suffolk County Soil & Water Conservation District who is familiar with the property, but unfortunately she is on vacation until September 14, 2015 at which time I will contact her. When I receive everything I will forward them to the -Board for your consideration so this amended application can be resolved. Very truly yours, Richard F. Lark RFL/bd Cantrell, Elizabeth From: Terry, Mark Sent: Monday, August 17, 2015 10:21 AM To: Cantrell, Elizabeth Subject: ELLEN F. EMERY 1999 REVOCABLE TRUST L 6JK P Elizabeth, I re-reviewed the action and the INCONSISTENT recommendation still applies to the actions even in consideration of the improved project. The reason is that as-built construction of structures. If the action was proposed to replace permitted structures; due to slope and high erosion rate,the action would have been recommended as CONSISTENT as vegetation would not hold the slope in itself. I do agree that the density of plants should be high in re-planted areas reaching greater than 95%of ground cover. Consider additional planting in voids. 20. Lark& Folts, Esqs. on behalf of ELLEN F. EMERY 1999 REVOCABLE TRUST requests a Wetland Permit for the as- built 100'timber pile vinyl sheet bulkhead; as-built 80'timber pile tongue-and-groove sheet retaining wall with two 8' returns located±25' landward of bulkhead; as-built 80' mid-bluff timber pile tongue-and-groove sheet retaining wall with two 8' returns located±55' landward of bulkhead; as-built 85'timber pile vinyl sheet retaining wall with a 12' return and a 25' return located ±10' landward from top of bluff, as-built bluff stairs from top of bluff to beach consisting of a 4'x7' access platform leading to a 4'x28' set of stairs with associated 75sq.ft. platform to a 4'x7' set of stairs with associated 95sq.ft. platform to a 4'x17' set of stairs leading to a 4'x13'walkway with a 4'x10' set of stairs to beach parallel to bulkhead, supported by 8" timber pile posts and composite materials on stair treads and decking; as-built 1,800 cubic yards clean fill spread evenly between retaining walls to replace lost bluff material with placement of erosion control jute matting on bluff;for a proposed rear-yard drainage system to direct roof rain and surface water away from house foundation and upland retaining wall by providing a drainage swale with 4" PVC pipe to a drywell in the front yard area; and for a proposed 200sq.ft. deck of composite decking supported by 6"x6" posts located 10' landward from top of bluff. Located: 5925 Nassau Point Road, Cutchogue. SCTM# 111-13-6 REVISED PROJECT DESCRIPTION AS OF JUNE 30, 2015: For the as-built 100'timber pile,vinyl sheet bulkhead; as-built 80'timber pile tongue-and-groove retaining wall with two 8' returns located ±25' landward of bulkhead (buried); as-built 80' mid-bluff timber pile tongue-and-groove retaining wall with two 8' returns located±55' landward of bulkhead; as-built 85'timber pile,vinyl sheet retaining wall with a 12' return and a 25' return located 7'to±10' landward from top of bluff; as-built bluff stairs from top of bluff to beach consisting of a 4'x7' access platform leading to a 4'x28' set of stairs with associated 75sq.ft. landing to a 4'x7' set of stairs with associated 95sq.ft. landing to a 4'x17' set of stairs leading to a 4'x13'walkway with a 4'x10' set of stairs to beach parallel to bulkhead; as-built±1,800 cubic yards clean fill spread evenly between retaining walls to replace lost bluff material with placement on top thereof an erosion control jute matting with plantings of American beach grass and environmental grasses; as-built drainage system to direct roof rain and surface water away from the house foundation and upland retaining wall by providing a drainage swale with a 6-inch perforated pipe to drywells in the front-yard area; at the top of the bluff on the northerly property line, propose to extend the mid-bluff timber tongue-and-groove retaining wall 14'to the northerly property line; extend the vinyl sheet pile retaining wall landward from the top of the bluff 12'to the northerly property line; construct along the northerly property line a 6'x6'timber pile and lagged step- down binwall with 8 inch pile posts 10' long; remove small overhanging lip of vegetation at top of bluff to establish natural angle of repose; clear brush from the top of the slope; add±20 cubic yards of clean sand and re-grade as necessary; place woven geotextile on re-graded area, and plant with beach grass and other environmental grasses; and related minor steps to complete project and restore landscaping; at the southerly property line, propose to extend retaining wall approximately 8' to the property line; increase height of retaining wall by 18 inches; reinforce with helical anchors; repair existing timber bulkhead wall at bottom by replacing damaged walers; clear brush; add ±10 cubic yards i of clean sand and re-grade as necessary; puce woven geotextile on re-graded area ana plant with beach grass and other environmental grasses, and related minor steps to complete project and restore landscaping. Located: 5925 Nassau Point Road, Cutchogue. SCTM#111-13-6 Mark Terry Principal Planner LWRP Coordinator Town of Southold 54375 State Route 25 P.O. Box 1179 Southold, New York, 11971 (631) 765-1938 Mark.Terry@town.southold.ny.us 2 \ 1 ���gg1yFF0�k��� Peter Young,Chairman h Town Hall,53095 Main Rd Lauren Standish,Secretary P.O Box 1179 i Southold,NY 11971 ���� �` Telephone(631)765-1889 J* Fax(631)765-1823 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., August 12, 2015 the following recommendation was made: Moved by Peter Meeker, seconded by Keith McCamy, it was RESOLVED to SUPPORT the application of ELLEN F. EMERY for the as-built 100' timber pile vinyl sheet pile wall bulkhead; as-built 80' timber pile retaining wall; 80' mid-bluff retaining wall; as-built 85' timber retaining wall with a 12' return and 25' return; as-built stairs from top of bluff to beach; as-built drainage system; extend mid-bluff retaining wall 14' to northerly property line; extend vinyl retaining wall landward from top of bluff 12' to northerly property line; construct 6'X 6' timber pile and lagged step down binwall with 8" pile posts 10' long; remove overhanging lip of vegetation at top of bluff to establish natural angle of repose; clear brush from top of slope; add 20,cy. clean sand and regrade as necessary; place Geotextile on regraded area and plant with beach grass. Extend retaining wall approx. 8' to the property line; increase height of retaining wall by 18" and reinforce with helical anchors; repair existing timber bulkhead wall at bottom; clear brush; add 10 cy. of clean sand and regrade as necessary; place Geotextile on regraded area and plant with beach grass. Located: 5925 Nassau Point Rd., Cutchogue. SCTM#111-13-6 Inspected by: Peter Young, Peter Meeker, Keith McCamy Vote of Council: Ayes: All Motion Carried LARK& FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 u-- CUTCHOGUE,NEW YORK 11935 --�------R�------_._ ------------------------------------- Tele. No. (631) 734-6807 f' Fax No. (631) 734-5651 H AUGa E-mail: LarkandFolts@aol.com AU1 7 2015 iL RICHARD F. LARK °°' 0Id Ic_vn i 7• MARY LOU FOLTS August 14, 2015 - Ms. Elizabeth Cantrell Southold Board of Town Trustees 54375 Main Road P.O. Box 1179 Southold, NY 11971 RE: Application of Ellen F. Emery (Trustee of the Ellen F. Emery 1999 Revocable Trust) SCTM #1000-111. 00-13 . 00-006. 000 Dear Ms . Cantrell : In connection with the above-captioned matter, I am enclosing the Proof of Mailing of Notice along with the green signature cards from the certified mailings . Also enclosed is an Affidavit -of Mary Lou Folts which is to be given to the Board. Very truly,.',,yours, Richard F. Lark RFL/bd Enclosures Fr �' �I I L AUG 1 4 2015 f I yl • r v TO: Members of the Board of Southold Town Trustees _ Town of SoutholdKul `^ P.O. Box 1179 Southold, NY 11971 AUG 1 7 2015 I RE: APPLICATION OF ELLEN F. EMERY G 3 STATE OF NEW YORK ) _ xaracf , Le P, ss. . COUNTY OF SUFFOLK ) MARY LOU FOLTS, being duly sworn, deposes and says: 1 . I reside at 675 West Road, Cutchogue, New York, and I am a partner in the Law Firm of Lark & Folts, attorneys for Ellen F. Emery in connection with her pending application before the Southold Town Trustees, and I make this affidavit from my personal knowledge. 2 . For the Trustees information, on August 10, 2015, from my boat near the time of high tide I viewed all the properties on the easterly side of Nassau Point which front on the waters of Little Peconic Bay. There are 74 individual properties from the beach on Nassau Point Causeway to the southerly tip of Nassau Point. Not all of the properties have stairs from the bulkhead to the Bay. From my observation I counted a total of 61 stairways characterized as follows: 28 properties had fixed stairs perpendicular from the bulkhead 28 properties had fixed stairs which are parallel to the bulkhead 3 properties had retractable stairs perpendicular from the bulkhead 2 properties had retractable stairs parallel to the bulkhead and 1 property had a dock perpendicular from the bulkhead The lower steps of many stairways which are perpendicular from the bulkhead to the beach area, as well as several which are 1 parallel' to the bulkhead, were in the water at the time I took the photographs at near high tide, and appear to obstruct pedestrian traffic. The stairways which were parallel to the bulkheads appeared to allow easier pedestrian passage along shoreline. 3. In my opinion, stairs parallel to the bulkhead for access to the beach are better able to withstand the northeast storms and are better suited for the properties on the easterly side of Nassau Point which face Little Peconic Bay. 4 . I am attaching photographs of the properties which I took on August 10, 2015, for the Board' s review. WHEREFORE, I respectfully request the Board of Trustees grant Ellen F. Emery' s pending application for approval of the "as-built" 4 ' x 10 ' set of stairs to the beach parallel to her bulkhead. Mary Loe Folts Sworn to before me this 13th day of August, 2015 T f Vy :�• i9L J Notary Public AUG 1 7 2015 ttM F.KOWAM10 NOTARY PUBLIC,STATE OF NEW YOM(NO 52-4624771 ``' QUALIFIED IN SUFFOLK COUNTY �-••-• i iiiCa^' "'++rites COMMISSION EXPIRES NOV 30,2bff 2 ti w w� o �A� r -.� ` av Sr lig #::hilt t fssak 4 k♦ ', , r a y f _ MMI wr lit I J 3 � - ?r p— Mo B 4 _ ✓ � i. wi(Fi 41`iE m 'tf1.4 MAUs1 PF i m � Y s< . `h a- „ re x. n y A c v o S •1 Y� *0�6'� � I���n� sa t (,e • a t.T -1 v � e .,... e , � 1 .. .... .+aro ._... .. ' -: .n.�.. s a } - sle�t a �.................... � �w .M..A ilk l�J �i 3�L,I �� i � r = •' _ _ �m J s r s, s NOW, 9�IIIIIII Ilk _ �X Z � k r=7 s Sas z. e FT +PP"._�i� `wb,9 to 9,'�,.•`� �;�a,Y,ea�i :� ; - �, V � E 111 lql��iI *3 p a C K r C � ✓� � �� fit a k N NP N O +f ; a 4 t T1 lc �i M i � F r C r .. � r ' .. aw AAW�l lot Aw OR oft a.Tf " 0 ?? cry 4 i f WlW. 110~wIll Z' «{{t i� V O A. f aha. E, 5d�f t m k t9, f a _. c.�w �i:. feJ^§"•II I of•'; a , S' S d 'd. a.. 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Irk f s . e . �a 1 .f n r f n f I � c N� �R, LARK&FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE,NEW YORK 11935 Tele.No.(631)734-6807 RICHARD F.LARK Fax No. (631)734-5651 MARY LOU FOLTS E-mail: LarkandFolts@aol.com June 26, 2015 Southold Board of Town Trustees i; ! 54375 Main Road - JUN 3 O 2015 P.O. Box 1179 Southold, NY 11971-0959 - RE: Amended Application of Ellen F. Emer (Trustee of the Ellen F. Emery 1999 Revocable Trust) SCTM #1000-111 . 00-13 . 00-006. 000 Gentlemen: Please find enclosed: 1. Copy of the January 17, Application of Ellen F. Emery (Trustee) to the Board of Trustees dated January 17, 2014, for which hearings were held on February 19, 2014, and March 19, 2014, and postponed by the Board of Trustees without a date. 2 . Original and three (3) copies : A. Amended Application of Ellen F. Emery (Trustee) , dated June 26, 2015, requesting an amendment to the January 17, 2014 Application, Pages 1 to 5 . B. Statement of Ellen F. Emery with Exhibits #1 to #12`. C. Plan of "Proposed Additional Stabilization Existing Retaining Wall" prepared by Daniel Seligmann, P.E. - Drawing #201 dated 6-15-15 . D. Plan of "Proposed Retaining Wall Details" prepared by Daniel Seligmann, P.E. - Drawing #202 dated 6-15-15 . E. Drainage Plan "As Built" prepared by Daniel Seligmann, P.E. 6-15-15 - DP-1 . F. Survey prepared by John C. Ehlers, L. S. 4-25-2014 . G. Short Environmental Assessment Form. Southold Board of Town Trustees -2- June 26, 2015 RE: Amended Application of Ellen F. Emery (Trust) H. 30-Year Maintenance Agreement - Erosion Protection. Structures Chapter 111-15 of the Southold Town Code. I . Agent Authorization Form. J. Transactional Disclosure Forms of: Ellen F. Emery, Richard F. Lark and Mary Lou Folts . K. LWRP Consistency Assessment dated June 26, 2015, Pages 1 to 6. 3 . Application fee for Amended Application - Lark & Folts, Esqs . check in the amount of $100 . 00 . If you need any other information, do not hesitate to contact me. Very truly yours, Richard F. Lark Enclosures John,WBredemeyer III;President Town Ball Annex ;,. •.f ' :.{ 54375 Main Road Michael J.Domino,Vice-President ;,: d i P.O.Box 1179 James-F.King,Trustee "`t' Southold,New-Yor_k_ 11971-0959 Dave,Bergen,Trustee '; _ . ?;; Charles J.Sanders',Txlistee, Telepnone'(631)'765-1892,Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office.Use Only - - -- - - Coastal Erosion Permit Application ','Wetland Permit Application ;- _Administrative Permit, _ Amendment/Trarisfer/Ektension Received Application: , Received Fee: $ 4Complcted'Application:'_�� ? JUN 3 0 2015 _Incomplete:. y _SEQRA Classification: Type I Type II Unlisted , M Coordination:(date sent):, LWRP'Consistency As ssment Form: CAC Referral Sent: � Date of Inspection: _Receipt of CAC Report:- Lead Agency Determination`. _ Technical Review: Public Hearing Held:', Resolution: AMENDED APPLICATION DATED JUNE 26, 2015 Name of Applicant: ,_E11en,F. Emery (Trustee of the _Ellen_F..Emery- 1999_Revocable Trust) Mail ng-Address: 121 Somerset Avenue, Garden City, New York 11530 Phone'Number (516) 746-4038 Suffolk County'Tax Map Number: 100.0 =111.00-113.00-006.000 Property I:ocatiori:_x...,._525 _Nassau Paint Road,_-Cutchogue-, ,New York,-,.1.9935 . :590'=-northerly- of intersection 'of Wunneweta_ =Road-=---_- " ro de LI1✓CO P-0-011-distance to cross streets; and location)' - — -- AGENT:,,-Lark .&_Fo.1.ts,...-E_sgs.._._(Richar-d..F-._La_rk, -Esq.. and_ Marv. Lou_._Eolts., Esq.) (If applicable) Address: .,.,287.85_,Mai.n_Road_,,. P.,Q._3ox_.97.3,__CutchoSue, New York _.1.1935 (631) 734-6807 t --- -- - '� ecd of Ttust,eeP ApPl. :cati ENDED) tfl9N_]9-_AAL_DATA 4M4 Q square feet): 4,`,.4,�res; SO M ,, Area Zoo n R-40 (Residential Low Density) Previous iise,oforpppr--t-yi.--Oue=famil-y- Intended use,of property: One-family dwell* T ovenants.and Restrictions on propedy?- yes"Y'leet 016aspprovide a- COPY. Vii this project require:a> uilding tAP per , Code! Yes Town-4 If"Yes be,advised this apphoation will be.r6viowed b, the 5 ing,Dept,prior to-a-Board of Trustee review Wd ;a�d'ttev'ation."P-l'ans.,-wi7l"I be,required. Does this.project require a variance.from the Zoning--j3oard--of-�Appeals? Yes X No lf"TOP,please.provde copy of decision. Will1his,pro or'., ject-require demahtionas per;Town Code, as determined 67 the-Building Dept.? S Does the skuqture(4)_oa.propqrtyhavTaval valid Certificate ? x Yes- N ................ Prior permits/approvals for site improvements:, Agency Date 7 Southold Town Trustees 8049 02/20/2013 Southold Town Trustees 8222 06/19/2013 No-,poor.pemits/approvals-for.s,ite improvenients. NOTE with exception of upper retaining wall at south side. Super Storm Sandy destroyed all ffior permitted, work as any pcg4aft EaOprovifever been revoked dr,-'siigpO46dbar agovern oiqotal-agelioy?_ X No Yes If yes,PrQvidq 6kpiaq4tioni Project Description "t)cces SEE ATTACHED Descriptionattachments if. ,_DESCRIPTION. OF .PROPOSED TON, 2 AMENDED APPLICATION DESCRIPTION OF PROPOSED ACTION FOR ELLEN F. EMERY (TRUSTEE) 5925 NASSAU POINT ROAD, CUTCHOGUE, NY SCTM #1000-111-13-6 Permit for: As-built 100' timber pile vinyl sheet pile wall bulkhead; as-built 80 ' timber pile tongue-and-groove retaining wall with two 8 ' returns located ±25' landward of bulkhead (buried) ; as- built 80' mid-bluff timber pile tongue-and-groove retaining wall with two 8 ' returns located ±55' landward of bulkhead; as-built 85' timber pile vinyl sheet retaining wall with a 12 ' return and a 25' return located 7 ' to ±10 ' landward from top of bluff; as-built stairs from top of bluff to beach consisting of a 41x7 ' access platform leading to a 4 'x28 ' set of stairs with associated 75 sq. ft. landing to a 41x7 ' set of stairs with associated 95 sq. ft. landing to a 4'x17 ' set of stairs leading to ,a 4 'x13' walkway with a 4'x10 ' set of stairs to the beach; as-built 1, 800± cubic yards clean fill spread evenly between retaining walls to replace lost bluff material with placement on top thereof a erosion control jute matting with plantings of American Beach and environmental grasses; as-built drainage system to direct roof rain and surface water away from the house foundation and upland retaining wall by providing a drainage swale with a 6-inch perforated pipe to drywells in the front-yard area; To prevent further erosion at the top of the bluff on the northerly property line, a Permit to: extend the mid-bluff timber tongue-and-groove retaining wall 14 ' to the northerly property line; extend the vinyl sheet pile retaining wall landward from the top of the bluff 12 ' to the northerly property line; construct along the northerly property line a 6'x6' timber pile and lagged step down binwall with 8-inch pile posts 10 ' long; remove small overhanging lip of vegetation at top of bluff to establish natural angle of repose; clear brush from the top of the slope; add 20± cubic yards of clean sand, regrade as necessary; , place woven Geotextile on regraded area, and plant with beach grass and other environmental grasses; and related minor steps to complete project and restore landscaping; To prevent erosion at the top of the bluff at the southerly property line, a Permit to: extend retaining wall approximately 8 ' to the property line; increase height of retaining -wall by 18 inches; reinforce with helical anchors; repair existing timber bulkhead wall at bottom by replacing damaged walers; clear brush; add 10± cubic yards of clean sand, regrade as necessary; place woven Geotextile on regraded area and plant with beach grass and other environmental grasses, and related minor steps to complete project and restore landscaping. 4 .Z _ trd of. Trustees :App3icatio� AMENDED) WkTLAND/T E U TEL-LANDS APPLICATION DkTA :Purpose of the proposed operations: S HED DESCRIPTIONOF PROPOSED ACTION ATTACHED Area.,of wetlands on lot: -0- square feet, Percent coverage_of lot: -0- Closest distance between-nearest existing structure and upland ;ed e°ofwetlands: feet "As Built" adjacent to Peconic Bay Closest distance=between nearest proposed'structure and upland edge of wetlands: e. ... ..._::.. ;,... :_ Tfeet "As Built" adjacent to Peconic Bay 'Does the project-involve.excavation-or filling? No-1 X Y-es 'Tf yes,how-much material will be excavated? 0 _cubic yards '1,800 cu. yds clean fill - repairs & How much.inaterial:willbe filled? �s built cubic yards proposed additional stabilization on retaining walls. :Depth of which materialwill be removed or deposited:ted:.___3 .to-4=. feetrepair work -Propose ,-slope throughout the area of operations: 60 +/- Manner;in which materiat will be removed,or deposited:, by hand and wheelbarrow -Statement of the effect, if any,on thewetlands and tidal waters of' town that may resulfby reason of-such pro posed operations(use attachments if appropriate): ;,_Positive_effectJn that it_will preyent, ero,si.on into Peconic ,Ray, 3 2� AMENDED APPLICATION ADDENDUM 30-YEAR MAINTENANCE AGREEMENT EROSION PROTECTION STRUCTURES CHAPTER 111-15 OF THE SOUTHOLD TOWN CODE FORM DESCRIPTION OF PROPOSED ACTION FOR ELLEN F. EMERY (TRUSTEE) 5925 NASSAU POINT ROAD, CUTCHOGUE, NY SCTM #1000-111-13-6 Permit for: As-built 100' timber pile vinyl sheet pile wall bulkhead; as-built 80 ' timber pile tongue-and-groove retaining wall with two 8 ' returns located ±25' landward of bulkhead (buried) ; as- built 80 ' mid-bluff timber pile tongue-and-groove retaining wall with two 8 ' returns located ±55' landward of bulkhead; as-built 85' timber pile vinyl sheet retaining wall with a 12 ' return and a 25' return located 7 ' to ±10' landward from top of bluff; as-built stairs from top of bluff to beach consisting of a 4 'x7 ' access platform leading to a 4 'x28 ' set of stairs with associated 75 sq. ft. landing to a 41x7 ' set of stairs with associated 95 sq. ft. landing to a 41x17 ' set of stairs leading to a 4 'x13' walkway with a 4 'x10' set of stairs to the beach; as-built 1, 800± cubic yards clean fill spread evenly between retaining walls to replace lost bluff material with placement on top thereof a erosion control jute matting with plantings of American Beach and environmental grasses; as-built drainage system to direct roof rain and surface water away from the house foundation and upland retaining wall by providing a drainage swale with a 6-inch perforated pipe to drywells in the front-yard area; To prevent further erosion at the top of the bluff on the northerly property line, a Permit to: extend the mid-bluff timber tongue-and-groove retaining wall 14 ' to the northerly property line; extend the vinyl sheet pile retaining wall landward from the top of the bluff 12 ' to the northerly property line; construct along the northerly property line a 6'x6' timber pile and lagged step down binwall with 8-inch pile posts 10 ' long; remove small overhanging' lip of vegetation at top of bluff to establish natural angle of repose; clear brush from the top of the slope; add 20± cubic yards of clean sand, regrade as necessary; , place woven Geotextile on regraded area, and plant with beach grass and other environmental grasses; and related minor steps to complete project and restore landscaping; To prevent erosion at the top of the bluff at the southerly property line, a Permit to: extend retaining wall approximately 8 ' to the property line; increase height of retaining wall by 18 inches; reinforce with helical anchors; repair existing timber bulkhead wall at bottom by replacing damaged walers; clear brush; add 10± cubic yards of clean sand, regrade as necessary; place woven Geotextile on regraded area and plant with beach grass and other environmental grasses, and related minor steps to complete project and restore landscaping. 1-a 617.20 Appendix- B Short Environmental Assessment Form AMENDED APPLICATION Instructions for Completing Part-I -Project Information. The applicant or project sponsor is responsible for the completion of Part I., Responses ,become part of the,application for-approval o-rJunding,are subject to public review,and may be subject to further-verificatioR', Coqfplete,Part I based on information currently;available If additional research orinvestigation would be needed to-fully respond to any item,please answer-as thoroughly as possible based on current information. Compfeteill items in Part 1. You-m- ay-also,provide any2additional inf6rmation which you believe will be neededbyJor useful to--the lead-agency;,attach;additional pages as necessary-to supplement any item. —Part ir-Projee't 'au'd-s'po'ns-o,-r^-Iiito'r'-'m'"-ati'o-n Ellen F. Emery (Trustee of the Ellen ,F. Emery 1999 Revocable Trust) Name of Action i--0fPro jq_Ct_:'� Ellen F. Emery Residence _P'fbjea'Loddtion:(describe,and attach a location map): 5925 Nassau Point Road, Cutchogue, New York (SCTM #1000-111-13-6). Brief'Description of Proposed A6tibn:' SEE ATTACHED DESCRIPTION OF PROPOSED ACTION, Page 1-a. Telephone: "Name of (516) 746-4038 Ellen F. Emery N/A iAcfdress­:1,___­ 121 Somerset Avenue State: Zip,Code: Garden City New York 11530 i I L-Ddes the proposed action only involve the l6gislatiVeadoption of a pjan,local Encc, -N6, VES1 administrative rule,or reg:qlati6n? If Yes,attach a narrative description of the intent-of the proposed!action and the environmental resourcesthat may be affected in the municipality and proceed'to Part 2.---If'no continue to question 2. '2.'boes-the proposed'action requirea permit,apprqval�or funding from-any otfier,goverhinental'-Agency? i. NQ .YDS i If Yes-,list agency(s)name and-permit or approval: -'Oro action. , _:.69741-_ - acres 30,379 sq ft. a.Total=dagd of the site of the p9s, Total acreagg,to be.physical ly'd isturbed? acres c:Total acreage(project site and any contiguoui properties)owned or-contr6lied by'ihc:applicant or project sponsor?- .6974 acres 30,379 sq. ft. t Checinif land"use's that"o'c-c--u-'r',o'n,'i-djoini-n-g"a6d'h"eii,,'tfi propoised.a6 ri6fi.­ rj'Urban, Muraljfibn-agribiulture), E]InOiisttial' E' I Commercial ®Residential(suburban) M Forest ElAgeiculture [91 Aquatic []Other(specify}*-__, EINAland Page 1 o 4 C, 40 • AMENDED APPLICATION ADDENDUM SHORT ENVIRONMENTAL ASSESSMENT FORM DESCRIPTION OF PROPOSED ACTION FOR ELLEN F. EMERY (TRUSTEE) 5925 NASSAU POINT ROAD, CUTCHOGUE, NY SCTM #1000-111-13-6 Permit for: As-built 100' timber pile vinyl sheet pile wall bulkhead; as-built 80' timber pile tongue-and-groove retaining wall with two 8 ' returns located ±25' landward of bulkhead (buried) ; as- built 80 ' mid-bluff timber pile tongue-and-groove retaining wall with two 8 ' returns located ±55' landward of bulkhead; as-built 85' timber pile vinyl sheet retaining wall with a 12 ' return and a 25' return located 7 ' to ±10' landward from top of bluff; as-built stairs from top of bluff to beach consisting of a 41x7 ' access platform leading to a 41x28 ' set of stairs with associated 75 sq. ft. landing to a 4 'x7 ' set of stairs with associated 95 sq. ft. landing to a 41x17 ' set of stairs leading to a 4'x13' walkway with a 4'x10 ' set of stairs to the beach; as-built 1, 800± cubic yards clean fill spread evenly between retaining walls to replace lost bluff material with placement on top thereof a erosion control jute matting with plantings of American Beach and environmental grasses; as-built drainage system to direct roof rain and surface water away from the house foundation and upland retaining wall by providing a drainage swale with a 6-inch perforated pipe to drywells in the front-yard area; To prevent further erosion at the top of the bluff on the northerly property line, a Permit to: extend the mid-bluff timber tongue-and-groove retaining wall 14 ' to the northerly property line; extend the vinyl sheet pile retaining wall landward from the top of the bluff 12 ' to the northerly property line; construct along the northerly property line a 6'x6' timber pile and lagged step down binwall with 8-inch pile posts 10 ' long; remove small overhanging lip of vegetation at top of bluff to establish natural angle of repose; clear brush from the top of the slope; add 20± cubic yards of clean sand, regrade as necessary; , place woven Geotextile on regraded area, and plant with beach grass and other environmental grasses; and related minor steps to complete project and restore landscaping; To prevent erosion at the top of the bluff at the southerly property line, a Permit to: extend retaining wall approximately 8 ' to the property line; increase height of retaining wall by 18 inches; reinforce with helical anchors; repair existing timber bulkhead wall at bottom by replacing damaged walers; clear brush; add 10± cubic yards of clean sand, regrade as necessary; place woven Geotextile on regraded area and plant with beach grass and other environmental grasses, and related minor steps to complete project and restore landscaping. 1-a A-1 VES. N/,A �177 37 6 0-� a.Apermitted useunder-the zoning,regu,11ations? X - Y & -6.'Is fkoioodk�a&i n-g b6iltrr, uIr on- with-With the pr6d, ifiiW6��kisti 13d WAI T-7ts the.site"oftlie=proposed1064tO4 in,oF-dq(qi4t 0i Oft4f Atg#' N If Yes,tdp i, X1, '0- R__ 'T' V10 igep;;Foi;d action result in a sit p bSt4ntiaFinbrea;.4GG FIC;G9 rq -Is? b.-Are p6lic,ttansportatibin services)available at,or nearthesit6of the proposed action? c:Are,arLy-pqdq-str,ia;i:aqpojAMQdAliqas•qr action? ee 'th �67,�bd­ d NT'Wli _prppo§,,, ,njeet or.qkc Aftheproposed'act6rwilt exceed re uiremen .,,describe�'desig(v.features�,and technologic q- ts., B11iff f- J V u P1 9 1,0. Will.the Otop_*4;adtion;336e6f,'to , � 0 __Y. "N' pubtiq pri"YOte ter's IfI -�No;,. s 6 Id do cot -vratier; 1-1.Will"the-prgpospd.action,coinnect to exisjpg-waqteyatcr�ufi IiOes� _11Q If No-,describe method1er pboviditig wAst6water1reattfietit! Septic and cesspool Od _12. a.Does-the-site-containia structure that is listed:on-either the-Static or National Register off istoric NO _ICES Places? �1 b.Is the proposed action located in-an archeological sensitivearea? -1�3.a.Does'any portiorrofthe site ofttie''proposed action,or lands adjoinngtlae pxoposed action,contain - ;NO: i '=YES�, wetlands,!or other W At bya,fede l,.state,or-toca[agpnqy7 -atdrbo,dies regt� d _e- rA xi]ro b. and-extent ofWould the proposed-action-physically alter,or encroach into,any-existing-wetland-or waterbo4y? If Yes;identity dcfi_ ti.t6e wetlk� jl ti d.o__watdbo4, alteritions in squait�feeo�,aciesi, ELI. r 44- h - ;j'calhabitat t�rpesthat oo-c'u�on;drare'iik-e:fyio6et6uhd,o ctMit. Cfieck-alkhat apply'I&rffify't-e typ re me Forest O'A��giicu'ltur'aii�i'r�asgi-d'nd's- ecessiona 1 El_Wetland (]Urban r1,$iuhu'rbmn, U., 6,is,tke-'si-te"6f'th-e'p-'r--op o!"�76cfic�eio-n*c-o-�nta�ifn,any',"s'p'-e-c-'te-i.6fi�ftiffia-fi-:�6'ra—ss'e'ciated-,fiibtiat7i,-iFsie�d— t 1,•r by the State orF6d6ral'goveMm6nt as threatened or endangered? 16.19-the* t-s itb,167 cfloodplain?yeaf- I_NO_ jr V 117.Will"tP ion create storm-water water discharge,either from pIntorron EG ,_YES if Yis; jacentpioperties? a.Will storm Water diichArges,flow.load ©'NO:' YES b.Wilt st6ft-WAter discharges be directed to established convey-attcesystems'(ruifOMAftd-, `brains)? If Yes,,bri dfly.,dcseribe_ 2Th­r-,ee--dx-_ym, _e1_1s. in f-.r-o-n--t- -�Z&r-d-,::pur-suan-t,,to__apex dtain-M, Page 2 of'4 - - - - 40 1$.noes,the proposedr action inciude constiactxon'or other'acrivrtles that,resulf-m tI-ie impoundii�ent of�- j,i;NO"p _YES - ' water,or,oth'er_Jjgtflds(e.g,retention pond,waste lagoon,dam)? - #---` IfYes,_ei plain purpose,and,size:" Drainage system of gutters, leaders and it ' drywells will collect roorun-ofd warps a�d� GEss= surf�aCa__=_�,-- ' 19;Has the site ofthe-proposed action or an adjoin ng•property been ihedocati©fl of an abtive or closed ll 'NO solid:waste management facility? If-Yes,describe: rX- .1 20.Has thesite oftlier ro osed action or an a-joinin , roe been the su6'ecfof remediatioti ong, g:=''r a completed]for'hOzard""s If Xes„describe - i' I API?t1fi M THA-�y i NIFOI MAT ON•Pik ]lD `. -.. .. '. ,. - -- � . - - -� 7'�I'[fi1;I � ;�� -Eb'��ABO'irE IS;�TRU>�.AND'ACCUFtrt,'FE TO THE BEST°Q6`111' Applicant/sp -r-n s,_r a s,_ ._Emez = - _ _ ---. -- : _ Datq_--June-26_,__2Il1_5� ---- ;'Signature: - - — --- — ---- Part 2-Impact Assessment. The Lead•Agegcy-is gsponsibte for the,completion of Part^2.= AnsweEall of the_-follo_wing questions•inPart 2 using-the inforftiation cQntained,in_Part t and other inateriats_submitted by-the project;sponsoror ot,}ierWise available`to tfie reviewer. When answering the,ques#ions the reviewer should be guided by the concept"Have my responses,been reasonable consideringthhe,scale and context of the proposed act small to large= impact i impact ' may may occur r occur_ Will the ing_ - regulations? _ �;,;•_�",' l�� ' 1!2. Wi11"ilie pro posed'acfion result in,a change in the.use or intensity of u96 of[and? r t3. Willthe_proposedactioii-impair-the-tcharactecorqualityofthe,exisfing,corizmunity? i4. W iU4= proposed_action kiav an impact on-the,environmental characte'ri'stics that caused-the- w i establishment'of a,Critical=Erruironmenfal Area(CEA)? •�!^'�� � S. Will-theproposed,actigq-resul-'t!in-an„adverse changelin,the existing level of traffic or affect existing infrastructure=for,mass transit;biking or walkway? t i 6. W,ill the proposed actiod.-cause an iacrease=iri the u'se,of eneFgy and it:fails to=incorporate i k reasonalil_-available energy cdnservaton or reneuvable energy-opportunities? ;47. Will he pro osed.actibi im actexis in -- - n - -- - i_ t.. P,. p F. t; g a.public tprivate water.supplies? b:public f private v;�astewater=,treatm_ent utilities? &. Wi}I'tHe,proposed action impair the cftacacter or quality df`trpportgnt,h storic,arcli'aeelogical; - .! _ - arc hi#eotttral or aesthetic resoutcdS,?',19. Will'tfie proposed'action result in,an adverse;change•to natural resources(e.g.,wetlands,_- waterbodies,-grotindwater;air-quality?flora md-fa:Una}? _ n Page 3 of 4 G I • N6,,or Moderate' small to large I impact impact] may may occur occur n thepotentia) TIJ d -drainage 10., -Will the proposed action result in an increase i or, 0 i6g or proble S. J Wi 1: S�or 11 the,proposed action create a hazard,to environmental resoi health? Part 3-Determination-of significance. The Lead Agency k res6oInAbleto"iI-the completion'of Pal�_rtFoor-e-Very ques'tiol n in Part.that was,answered"moderate to large.eimpact may y­occur';-or if there is a need to explain why a-particular elemen-t-'of the.--propos6d action-may or-Will not result in a' significant gnificant adverse':environment6l impact,ple.as6.-c.omplete Part 3., .Part 3 should,iiisufft'cientdetdil;,identify the impact,including 6rAesignele el"ement"s-thatha*ebeen'includedby ing any measures me- ;h,e-project sponsor to avoid,or reduceimpacts. Part 3 should also explain how the lead-agency determined that-the impact ,May or Wi,ll,not besignificant.Each potential impact should beassessed considering its,-setting,probability of occurring; duration, irreversibility,geographic,scope-and magnitude. Also.consider the potential-for-short-term,long-term and ,cumulative impacts Check-ihis.box- if you:fiav6'd6termi�qe,d,ba'-sed-odin the information-'-4-r-i-d-analys'is"abov6,and any sGpporting documentation; ` that-tlie proposed action rhqy tes-ul't'in one or more potential,ly large or-,significant adverse impacts and an pfivironmenial impact staternent is required. and any box if you havedetermined,based on,the.information and analysis above, supporting documentation,,' C . a U/1 th'afthe pr000se'd action will' result in any significant adverse environmental impac,,is, Town of-SoutlWd­Board of Trustees - ­­_ � __ — g— - Na' m, e'o'f, A Lead gdn­­ Date - 0 A /n. hr-C, (Z WC y— President -Print or-Ty ame-1 orReaWUsible_-Officer in Lead Agency Tiife,Wkesponsi.b-le Officer A I !jr"Mqp�se Of Icer in' -Lead Agency Signature of Pre-parer-(if differenti_from Responsible Officer)' PRJN_T, j Rig 4 of 4 LARK& FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE,NEW YORK 11935 ------------------------------------- Tele. No. (631) 734-6807 Fax No. (631) 734-5651 E-mail: LarkandFolts@aol.com RICHARD F. LARK MARY LOU FOLTS August 18, 2015 Ms. Elizabeth Cantrell Southold Board of Town Trustees 54375 Main Road P.O. Box 1179 Southold, NY 11971 RE: Application of Ellen F. Emery (Trustee of the Ellen F. Emery 1999 Revocable Trust) SCTM #1000-111 . 00-13 . 00-006. 000 Dear Ms . Cantrell: In connection with the above-captioned matter, I am enclosing the Affidavit of Posting along with a green signature card from the certified mailings . Very truly yours, Richard F. Lark RFL/bd Enclosures AUG 1 8 2015 r s � 1� SOl1fIiQI(; foivn I Gp John Bredemeyer, President %UfFO(�CD Town Hall Annex Michael J Domino, Vice-President 54375 Route 25 James F. King P.O Box 1179 Dave Bergen y . ! Southold, NY 11971 Charles J. Sanders far Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD --------------------------------------------------------------- In the Matter of the Application of ELLEN F. EMERY 1999 REVOCABLE TRUST COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING TO BE COMPLETED AFTER POSTING REMAINS IN PLACE FOR EIGHT DAYS IRichard F. Lark , residing at/dba with office at 28785 Main Road P.O. Box 973, Cutchogue, New York 11935, being duly sworn, depose and say: That on the6th day of August , 2015 , I personally posted the property known as 5925 Nassau Point Road, Cutchogue, NY; SCTM #1000-111-13-6 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,Aullust 19, 2015. Dated: August �Ig, 2015. P. 4 r (sl ature) Richard F. Lark Sworn to before me this ay of Aug-2015 otary Public ; b LINDA F.KOWALSKI I: AUG 1 8 2015 r NOTARY PUBLIC,STATE OF NEW YORK NO 52-4624771 z R QUALIFIED IN SUFFOLK COUNTY r/ COMMISSION EXPIRES NOV 30,2Q2d ELLEN F. EMERY 1999 REVOCABLE TRUST 1000-111 . 00-12 . 00-005 . 005 • • • • • ON s ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. �` ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. Rec ived by(Pn d iV e) C. Date of Delivery ■ Attach this card to the back of the mailpiece, b� or on the front if space permits. LJ Va D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No C--14 3. Service Type b!kertified Mail® ❑Priority Mail Express- 0 Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7013 3020 0001 9023 5365 (Transfer from service label) 7013 PS Form 3811,July 2013 Domestic Return Receipt AUG 1 8 2015 " r, k #lam r ; PROOF OF MAILING OF NOTICE ; AUG ATTACH CERTIFIED MAIL RECEIPTSo i 20�� Name: Address: Krupski Family Limited Partnership 95 Laurel Hill Road, Northport, NY 11768 (SCTM #1000-111.00-13.00-007.000) Curt Koch 6030 Nassau Point Road, Cutchogue, NY 11935 (SCTM #1000-111.00-12.00-005.005) Ira and Susan Akselrad 1965 Broadway, Apt. 18—B, New York, NY 10023 (SCTM #1000-111.00-13.00-005.000) STATE OF NEW YORK COUNTY OF SUFFOLK _Linda F. Kowalski , residing at 930 Ole Jule Lane, Mattituck, New York , being duly sworn, deposes and says that on the day of August , 20_15, 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 there 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 Cutchogue, New York ,that said Notices were mailed to each of said persons by CERTIFIED MAIL/RETURN RECEIPT. Sworn to before me this 6'3J'A Day of August ,20 15 Notary Public AUG 1 4 205 BARBARA DIACNUN Notary Public, State of New York No 01 D14635190-Suffolk County -----. .- Commission Expires Oct.31 20/g i (I� • Amended Application of Ellen F. Emery (Trustee of the Ellen F. Emery 1999 Revocable Trust) SCTM X61000-111-13-6 ru M p r�T Ln x �`b81 M HIuRTH�T { AUG I j , R 7 Er ' Postage $ $3.45 I i 1 2015 't Certified Fee `rReturn Receipt Fee 07 Postma'rk, t3, `'u'i '(;%1zt77� w t f O 1_ndoraement Required) AUG—dteSSg CC 8D CO Restricted Delivery Fee Lu1 C3 (Endorsement Required) _ _ __ _• M • - - O Total Postage&Fees M j frl Se�nt�o /�S 0 Street,Apt.'k - .. - --•- orPOBoxNo. 9�- . .. ---------------- ------- _- ____ — _ ------ [--iC � Ciry,State,ZIP+4 Rik=n ,,. V.S. Postal'ServiceT. ® 1 ■ r ® A ■ ■ Ln CE% _n (DomesticNaM On Wo insurance Coverage Provided) m m CUTCHGtf 135 cx °i ;y :a ` -'` } ` ., :..� HEY Ytt Hl( pD3'3 '' i E• ,; , m ooX ril L4, Postage $ 53.45 �! a Postage $, 53.45- Mrt ° Certified Fee Certified Fee •80 Postmark LO r� Y �r O Retum Receipt Fee • p�A7 �1 O Return Receipt Fee • 7'Tostm, l� (Endorsement Required) • A, G-&2b, o , ! O"(Endorsement Required) • He'r`a C3 Restricted Del ive Fee r-3 4 4 (Endorsement Required) { __ ;_ _ CO C Restricted Delivery Fee C3 r3 (Endorsement Required) 08LObl2Q1 . QD 171.10.71 - �J IU , • _ C3 Total Postage&Fees O- Total Postage&Fees m m [S�sntToMf'rlSentTo rl ,' --------------- - 0 �eet,Apt.No.; cnf� - riwA O / 3 Q�cr e c A r Street, t. o.; //5 _ 1 or PO Box No. B // or PO Box No. City Zl4-------- - ---•------ ---------- - -------------State, P+ City,State,ZIP+4 ! :rr See f NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of a PPlicant: AUG 1 7 2015 � A+ ELLEN F. EMERY (Trustee of the _ Ellen F. Emery 1999 Revocable Trust) SCTM# 1000=111- 3-6 YOU ARE HEREBY GIVEN NOTICEz 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: (See attached Project Description) 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows:. 5925 Nassau Point Road, Cutchogue, New York •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: Wednesday,, August 19, 205, at or about 5:30 pm DATE: Southold Town Hall, 53095 Main Road, Southold, New York You may contact the Trustees Office at 7651892 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. 1 Ellen F, Emery (Trustee of the Ellen F. PROPERTY OWNERS NAME: Emery 1999 Revocable Trust) �= lVIa41LING ADDRESS: 121- Somerset Avenue,:;Garden City, NY 11530 PHONE#: (516) 746-4038 AGENT: Lark & Folts, Esqs. MAILING ADDRESS: P.O. Boz 973, Cutchogue, NY 11935 PHONE#: (631) 734-6807 Enc: Copy of sketch or plan showing proposal for your convenience. (See attached Drainaee Plan by.Dan Seligmann PE dated6-15-15 and Proposed additional stabilization existing retaining walls Plan dated 6-15-15 by Dan Seligmann, PE.) John Bredemeyer,President �DgfFQ't Town Hall Annex Michael J. Domino.,Vice-President �Qy 54375 Route 25 James F.King P.O.Box 1179 Dave Bergen a Southold,NY 11971 Charles J. Saunders 4'� Telephone(631)765-1892 ; Fax(63 5=664ir----,-�•r ._.��` ._a i:x• .s BOARD OF TOWN TRUSTEES - TOWN OF SOUTHOLD AUG 1 7 2015 - F NOTICE OF HEARING 4 PUBLIC HEARING TO BE HELD ON WEDNESDAY, AUGUST 19, 2015 Lark & Folts, Esqs. on behalf of ELLEN F. EMERY 1999 REVOCABLE TRUST requests a Wetland Permit for the as-built 100' timber pile vinyl sheet bulkhead; as-built 80' timber pile tongue-and-groove sheet retaining wall with two 8' returns located ±25' landward of bulkhead; as-built 80' mid-bluff timber pile tongue-and-groove sheet retaining wall with two 8' returns located ±55' landward of bulkhead; as-built 85' timber pile vinyl sheet retaining wall with a 12' return and a 25' return located ±10' landward from top of bluff; as-built bluff stairs from top of bluff to beach consisting of a 4'x7' access platform leading to a 4'x28' set of stairs with associated 75sq.ft. platform to a 4'x7' set of stairs with associated 95sq.ft. platform to a 4'x17' set of stairs leading to a 4'x13' walkway with a 4'x10' set of stairs to beach parallel to bulkhead, supported by 8" timber pile posts and composite materials on stair treads and decking; as-built 1,800 cubic yards clean fill spread evenly between retaining walls to replace lost bluff material with placement of erosion control jute matting on bluff; for a proposed rear-yard drainage system to direct roof rain and surface water away from house foundation and upland retaining wall by providing a drainage swale with 4" PVC pipe to a drywell in the front yard area; and for a proposed 200sq.ft. deck of composite decking supported by 6"x6" posts located 10' landward from top of bluff. Located: 5925 Nassau Point Road, Cutchogue. SCTM# 111-13-6 REVISED PROJECT DESCRIPTION AS OF JUNE 30, 2015: For the as-built 100' timber pile, vinyl sheet bulkhead; as-built 80' timber pile tongue- and-groove retaining wall with two 8' returns located ±25' landward of bulkhead (buried); as-built 80' mid-bluff timber pile tongue-and-groove retaining wall with two 8' returns located ±55' landward of bulkhead; as-built 85' timber pile, vinyl sheet retaining wall with a 12' return and a 25' return located 7' to ±10' landward from top of bluff; as-built bluff stairs from top of bluff to beach consisting of a 4'x7' access platform leading to a 4'x28' set of stairs with associated 75sq.ft. landing to a 4'x7' set of stairs with associated 95sq.ft. landing to a 4'x17' set of stairs leading to a 4'x13' walkway with a 4'x10' set of stairs to beach parallel to bulkhead; as-built ±1,800 cubic yards clean fill spread evenly between retaining walls to replace lost bluff material with placement on top thereof an erosion control jute matting with plantings of American beach grass and environmental grasses; as-built drainage system to direct roof rain and surface water away from the house foundation and upland retaining wall by providing a drainage swale with a 6-inch perforated pipe to drywells in the front-yard area; at the top of the bluff on the northerly property line, propose to extend the mid-bluff timber tongue-and-groove retaining wall 14' to the northerly property line; extend the vinyl sheet pile retaining wall landward from the top of the bluff 12' to the northerly property line; construct along the northerly property line a 6'x6' timber pile and lagged step-down binwall with 8 inch pile posts 10' long; remove small overhanging lip of vegetation at top of bluff to establish natural angle of repose; clear brush from the top of the slope; add ±20 cubic yards of clean sand and re-grade as necessary; place woven geotextile on re-graded area, and plant with beach grass and other environmental grasses; and related minor steps to complete project and restore landscaping; at the southerly property line, propose to extend retaining wall approximately 8' to the property line; increase height of retaining wall by 18 inches; reinforce with helical anchors; repair existing timber bulkhead wall at bottom by replacing damaged walers; clear brush; add ±10 cubic yards of clean sand and re-grade as necessary; place woven geotextile on re-graded area and plant with beach grass and other environmental grasses, and related minor steps to complete project and restore landscaping. Located: 5925 Nassau Point Road, Cutchogue. SCTM# 111-13-6 '•. ;_r, �% t?r'.�"ttt`ptp�. r t t_ t. r4< '` r •s - - LM{(.'.'rr -`.t„.-_.�.... _ �w`+rry,�.,"I...--TZ ..--r_.._ �r7-7 +S „-'� �,,y.��{ a (j �i/!�yj��!..y� • � ti�}k.,�lait<t�Y' 't`•"tz�t.t,l1`��, 1t, t' t��.t t{'1 3• �_,c t:�Y\�1.�!K�.t t� 'f,j�■i'i. �s �? t Vill .,— � � T r '` � I r � ., � t �A'. �..?+"'� f — 1 1".t`� ,' •1 tl 1 :11�,St l� �- t� t il�: �VV AUG • - � - - -, f• , - - _ _. � - . _,�_.� _ �, . '- -�N-� �. �� 1 7 2015 ; _ K i ':: 2"���I iemsan� _ i '--`-�-.�,...-.i.T���:C ti VLiJas•.,�....a..__,e,.>1 � - ��� '1k '` SS a�� - S ` � .� t:t'�= s •1, l• f��"<y t••�i';fV �{' �'S rr��.'�, Y Ai� �t' 1 `-r t 1• ��"�' ro r $<t .:t, _ 4 �� Sl ��4� as€c�+r� -� -`r�� ���,t�(. .st fl„ .. ' 'f<t � �•r<t r' �' ` Tyroall Lc4ch{n Fool _ "t A 1 tPachfg' <�jt ptg urea a trlsf attPs!FO; na wr Fi tie _ `; �. r i j i k- k E x ejKound.uiateP enccitir►tered win feek F7odw the �i. " "` �,vts 4 F �;, e .J^ _ tom.r>t r t t t ,; t�otfomof*POP t vWa z41 S Ne 71 Al esrtagEq',�µ �. AJl`w 6 rrz admtdartce mtkalt",apphboEife staatt-aft t t_ !�'ytzo�iXin�L+t�» 1 tv& yspxmdej-by John C.titers } Lot:42. dated 05=14-2-01'3 aril 4.L;rS-f 4 altd'alta Mlis July 9 vt- wain ripe Augut•2 end prober 3t?, t1; • av o sa s 5prm)tares installed-9,below erac-a - b5 Gtcnu�'�p�rt PrT .P onto Day 79 snft 6.467-4 Adm TOW t2m ft Turk, -rf - t2�t`R(;ea=•rB,C�,•scl;'fL t�=-t3J� Q=•�4'fs �f3$..+�r rr - - , C3nu r5tr - GW:sc =G=l o-Ate.r q c X93 o hC ' � olr d ter,. Flit '1*abri a t GA:3t .b °cid i$$'cftfti- t &% ' ' _ Rt-a-r t v►rale` on �rarrra a Swale t+o c. t'SO,ft ...�. r ' Dari SelrqmAnn-'PE Covnty Marme Contme-burja ElIft tm ry RAWwMe 24 Cherry,Lane, :1.1-vntrrrej.Wn.,, NY ! 1 ?43 er a r��09-4 OAdwq a.•t�tt'1ft� I~r : a70Chagile, R' 11�ago.Man `mak f,'Dfmv Tax # tt 'i i4'-t33_s Lot 44. L.✓l prms6r,a X19-CF6-rA a FVT7TRTm � N Ote5: AD work done in accordance with all applicable state and bin"ll s�a ct OW -� _ -- ".r 16cal C=Ies. scope and fill a; r- - t�a�nnr�s bated on purveys provided ter John C. Ehlers :� dated C}5-t 4-20 13.Dravpng dated 12-12-2013 Ctwar�bra,shand drre rpade slope rMnimum a W" �� � and site visits February 28 and April 4,2-015. and pace fill as necessary Timber piles- A5TM CIS 5 2.5 CCA Treatment Structural Timber- 5YP marine Glade 2.5 CCA Treatment: Bolts, rods etc. ASTM 307 + „y✓ _•__--- ffi t t hardware -AJI hardware hot dipped +gaivanrzed t Vinyl 5heetmg - 5horeguarzi 425 and 650 by CMI 1 j Woven Oeotextile- Granite 1=nvrronrnental 4.1 oz Woven n Base era from as built retaining wallsu Dated 12-12-1112 1 i t Rewsea M T.14 Iq Rb to _ �•, , ..-._._. __.._`_ •..aw '�of AUG 7 2015 I ti +Y- t .m r��n9 � t �irate of urea i f � ,�--•--'' `� ` _ . ;� 1111 low CkW ft^r4t%aC 4VOIC 6 10 0 j Graphic 5-cale art lne c: Contractor. PropmeJ addlttonal stabtllzation Dael Sr~ligmarin PE Seacoast Corf5t uctson Ellen Finery Residence 5925 Natfkau,Pornt liuod. Cu �XtS CI c i"t: IT11f1 lll+id �5 �.; 't L1C: C}7 t 43 Sayville, l tctwgue. llY t 9935 r Ags o6-154 51 - ELLEN F. EMERY 1999 nz.VOCABLE TRUST 1000-111. 00-12 . 00-005 . 005 ( N0� ,r,4urue l T `YT." c-ate+ o { AUG 1 7 2015 1000-111 . 00-13 . 00-005 . 000 • • • • • IEL IIIERY� ■ Complete items 1,2,and 3.Also complete A. signature item 4 if Restricted Delivery is desired. El Agent X W� ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Received y(Printed Name) C. D to of elivery ■ Attach this card to the back of the mailpiece, w U 0 S or on the front if space permits. D. Is delivery address different from item 1? ❑Ye 1 Article Addressed to: If YES,enter delivery address below: ❑No IRA AND SUSAN AKSELRAD 1965 BROADWAY, APT. 18-B NEW YORK, NY 10023 3. Service Type 6edified Mail® El Priority Mail Express'" ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7013 3020 0001 9023 5358 (Transfer from service label) PS Form 3811,July 2013 Domestic Return Receipt 1000-111 . 00-13 . 00-007 . 000 COMPLETE . COMPLETE ■ Complete items 1,2,and 3.Also complete A.ZSigne 'item 4 if Restricted Delivery is desired. ElAgent ■ Print your name and address on the reverse X ❑Addresse so that we can return the card to you. B. Received by(Printed Name) G<Wgof ery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? 1. Article Addressed to: If YES,enter delivery address below )94`0 Krupski Family Ltd Partnership 95 Laurel Hill Rd Northport, NY 11768 3. Service Type .Certified Mail® ❑Priority Mail Express" ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 1 7013 3020 0001 9023 5372 (Transfer from service label) ' PS Form 3811,July 2013 Domestic Return Receipt N.UTILk: Ulm HEARING NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Southold Town Board of Trustees at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: ELLEN F. EMERY 1999 REVOCABLE TRUST SUBJECT OF PUBLIC HEARING : **SEE ATTACHED PUBLIC HEARING PROJECT DESCRIPTION TIME & DATE OF PUBLIC HEARING : Wednesday, August 19, 2015 — at or about 5 :30P. M . 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 John Bredemeyer, PresidentaD Town Hall Annex Michael J. Domino., Vice-President ,` l� 54375 Route 25 James F. King y P.O.Box 1179 Dave Bergen o Southold,NY 11971 Charles J. Saunders , d�� Telephone(631)765-1892 Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD NOTICE OF HEARING PUBLIC HEARING TO BE HELD ON WEDNESDAY, AUGUST 19, 2015 Lark & Folts, Esqs. on behalf of ELLEN F. EMERY 1999 REVOCABLE TRUST requests a Wetland Permit for the as-built 100' timber pile vinyl sheet bulkhead; as-built 80' timber pile tongue-and-groove sheet retaining wall with two 8' returns located ±25' landward of bulkhead; as-built 80' mid-bluff timber pile tongue-and-groove sheet retaining wall with two 8' returns located ±55' landward of bulkhead; as-built 85' timber pile vinyl sheet retaining wall with a 12' return and a 25' return located ±10' landward from top of bluff; as-built bluff stairs from top of bluff to beach consisting of a 4'x7' access platform leading to a 4'x28' set of stairs with associated 75sq.ft. platform to a 4'x7' set of stairs with associated 95sq.ft. platform to a 4'x17' set of stairs leading to a 4'x13' walkway with a 4'x10' set of stairs to beach parallel to bulkhead, supported by 8" timber pile posts and composite materials on stair treads and decking; as-built 1,800 cubic yards clean fill spread evenly between retaining walls to replace lost bluff material with placement of erosion control jute matting on bluff; for a proposed rear-yard drainage system to direct roof rain and surface water away from house foundation and upland retaining wall by providing a drainage swale with 4" PVC pipe to a drywell in the front yard area; and for a proposed 200sq.ft. deck of composite decking supported by 6"x6" posts located 10' landward from top of bluff. Located: 5925 Nassau Point Road, Cutchogue. SCTM# 111-13-6 REVISED PROJECT DESCRIPTION AS OF JUNE 30, 2015: For the as-built 100' timber pile, vinyl sheet bulkhead; as-built 80' timber pile tongue- and-groove retaining wall with two 8' returns located ±25' landward of bulkhead (buried); as-built 80' mid-bluff timber pile tongue-and-groove retaining wall with two 8' returns located ±55' landward of bulkhead; as-built 85' timber pile, vinyl sheet retaining wall with a 12' return and a 25' return located 7' to ±10' landward from top of bluff; as-built bluff stairs from top of bluff to beach consisting of a 4'x7' access platform leading to a 4'x28' set of stairs with associated 75sq.ft. landing to a 4'x7' set of stairs with associated 95sq.ft. landing to a 4'x17' set of stairs leading to a 4'x13' walkway with a 4'x10' set of stairs to beach parallel to bulkhead; as-built ±1,800 cubic yards clean fill spread evenly between retaining walls to replace lost bluff material with placement on top thereof an erosion control jute matting with plantings of American beach grass and environmental grasses; as-built drainage system to direct roof rain and surface water away from the house foundation and upland retaining wall by providing a drainage swale with a 6-inch perforated pipe to drywells in the front-yard area; at the top of the bluff on the northerly property line, propose to extend the mid-bluff timber tongue-and-groove retaining wall 14' to the northerly property line; extend the vinyl sheet pile retaining wall landward from the top of the bluff 12' to the northerly property line; construct along the northerly property line a 6'x6' timber pile and lagged step-down binwall with 8 inch pile posts 10' long; remove small overhanging lip of vegetation at top of bluff to establish natural angle of repose; clear brush from the top of the slope; add ±20 cubic yards of clean sand and re-grade as necessary; place woven geotextile on re-graded area, and plant with beach grass and other environmental grasses; and related minor steps to complete project and restore landscaping; at the southerly property line, propose to extend retaining wall approximately 8' to the property line; increase height of retaining wall by 18 inches; reinforce with helical anchors; repair existing timber bulkhead wall at bottom by replacing damaged walers; clear brush; add ±10 cubic yards of clean sand and re-grade as necessary; place woven geotextile on re-graded area and plant with beach grass and other environmental grasses, and related minor steps to complete project and restore landscaping. Located: 5925 Nassau Point Road, Cutchogue. SCTM# 111-13-6 John;M.Bredemever ITI,President, ^ "> 'Town'Hall Annex Michael'J:Domino'Vice=Presid'erit t b4375 Main Road _ t- r" P_'.O:BoxA179 x z' SoNew=York 11971-0969' James F:King,Trustee j' } uthold; Dave Bergen,;Trustee - '' , Telephone(631) 766-1892_ @harlea J.Sanders,'Trustee - ° ''` ''° Fax(631) 7654 6641' yy ' BOARD OF,TOWN,TRUSTEES; TOWN'OF SQVTHOLD AMENDED APPLICATION 304EAR MAINTENANCE,;AGREEMENT EROSION-,PROTECTIONSTRUCTURES CHAPTER 111-45.OF THE SOUTHOLD TOWN CODE` ELLEN F. EMERY (Trustee) 'The.owners of record of property='at: 5925 Nassau Point_Road,'"Cutchogue_, NY _ - - 111.00-13.00-006.000 - SCTM# 1000-. - -- -in applying,for aCoastal`Erosion Permit for an erosion protection structure do hereby agree to a 30-Year Maintenance program for--a structure as described: ,. on Description of Action which is attached Hereto fP2- as shown.on;the attached licensed surv­1­1-nd/orysiteplan for.the approved structure., It is my/our understanding that we are to..maintain-thiswith materials,designed to endure 30 years-and/or equivalent to the-original-approved structure:Any- maintenance nymaintenance which°involves,more than 50% of,the length of this structure requires approval-of the Board'of Trustees.'WA- further'understand that failure to-maintain the structure could result'in a'requirement to post,a bond and/or'have=the repairs;ordered-,as a lien againstlhe property upon is finding by the-Bo_and of Trustees that-said Zack=af v maintenance'would,risk life; property or--importan' ral resource' atures. tadieid-sign tur o o net of cord •., Ellen F. Emery (Trus e) Not PUblic � - _ qWK O tot a**w001 ConKr n Aug,al,2 a .; This maintenance•agreement._shall,only'pevalid upon the-attachment of,a'.licensed land survey/and or site plan=made within-,one yearo-the-original construction'-and yalidated;to show-the,finalapproval of the,administrator: . b AMENDED APPLICATION ADDENDUM 30-YEAR MAINTENANCE AGREEMENT EROSION PROTECTION STRUCTURES CHAPTER 111-15 OF THE SOUTHOLD TOWN CODE FORM DESCRIPTION OF PROPOSED ACTION FOR ELLEN F. EMERY (TRUSTEE) 5925 NASSAU, POINT ROAD, CUTCHOGUE, NY SCTM #1000-111-13-6 Permit for: As-built 100' timber pile vinyl sheet pile wall bulkhead; as-built 80' timber pile tongue-and-groove retaining wall with two 8 ' returns located ±25' landward of bulkhead (buried) ; as- built 80' mid-bluff timber pile tongue-and-groove retaining wall with two 8 ' returns located ±55' landward of bulkhead; as-built 85' timber pile vinyl sheet retaining wall with a 12 ' return and a 25' return located 7 ' to ±10' landward from top of bluff; as-built stairs from top of bluff to beach consisting of a 41x7 ' access platform leading to a 41x28 ' set of stairs with associated 75 sq. ft. landing to a 41x7 ' set of stairs with associated 95 sq. ft. landing to a 41x17 ' set of stairs leading to a 4 'x13' walkway with a 4 'x10' set of stairs to the beach; as-built 1, 800± cubic yards clean fill spread evenly between retaining walls to replace lost bluff material with placement on top thereof a erosion control jute matting with plantings of American Beach and environmental grasses; as-built drainage system to direct roof rain and surface water away from the house foundation and upland retaining wall by providing a drainage swale with a 6-inch perforated pipe to drywells in the - front-yard area; To prevent further erosion at the top of the bluff on the northerly property line, a Permit to: extend the mid-bluff timber tongue-and-groove retaining wall 14 ' to the northerly property line; extend the vinyl sheet pile retaining wall landward from the top of the bluff 12 ' to the northerly property line; construct along the northerly property line a 6'x6' timber pile and lagged step down binwall with 8-inch pile posts 10' long; remove small overhanging lip of vegetation at top of bluff to establish natural angle of repose; clear brush from the top of the slope; add 20± cubic yards of clean sand, regrade as necessary; , place woven Geotextile on regraded area, and plant with beach grass and other environmental grasses; and related minor steps to complete project and restore landscaping; To prevent erosion at the top of the bluff at the southerly property line, a Permit to: extend retaining wall approximately 8 ' to the property line; increase height of retaining wall by 18 inches; reinforce with helical anchors; repair existing timber bulkhead wall at bottom by replacing damaged walers; clear brush; add 10± cubic yards of clean sand, regrade as necessary; place woven Geotextile on regraded area and plant with beach grass and other environmental grasses, and related minor steps to complete project and restore landscaping. 1-a AMENDED APPLICATION AUTHORIZATION STATE OF NEW YORK ) ss. . COUNTY OF SUFFOLK ) ELLEN F. EMERY (Trustee) , BEING DULY SWORN, DEPOSES AND AFFIRMS THAT SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT (S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HER KNOWLEDGE AND BELIEF, AND THAT ALL "AS-BUILT" WORK AND PROPOSED WORK HAS BEEN AND WILL BE DONE IN THE MANNER SET FORTH IN THE 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 REPRESENTATIVE (S) , TO ENTER -ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. ELLEN F. EMLKRY Sworn to before me this '261'"day of June, 2015 x�4�, l Notary Public NoO�,q� � 8aDo1c 4m- oard; ®f "Tritgteea, Appls.cat. -, AMENDED APPLICATION AUTHORIZATION ,(where tne;applimtis iiat the-0yv4 r) Ellen_,., Emery- _ .resrd�ng at' 121 somerset_Avenue (print name:o€owtterofproperty) (mailing-ad'dress) Garden City, NY 11530 dQ'heTebyautbQdzeRichard F. Lark, Esq. or Mary Lou Folts, Esq. (..,g.- of Lark .& .Folts, Esq s. to>apply, fox-perm t(s),.from_the Sotuthold-Bpd-rd-of Town Trustees-on my behad£' �J1 ((Owner's-signaturt Ellen F. Emery (Trustee) 7 - . f AMENDED APPLICATION APPLIC-ANT/AC;ENT/REPRESENTATWE TRANSACTIONAL DISCLO SVIWFOR4 WW if n—M& Af'M k; dfli ffbklm- 'i vaj"A' E���Did same t 10 EMERY, ELLEN F. YOUR NAME'-- - f ---2--- ­ - (Last nam , istfiame,4iddle initial Wdesyou 6k,"applying in the name of someone elkor other entity;such-as a company.if sojnaicat@the_other person's-or company's name) AME OF APPLICATION:-(dieck l all that apply.): Tax grievance 'Building mariance, Trustee, 'Change of Zdfte- Coastal Erosion Approval of plat 'Moorm 9 Exemption from,01af or official m ap Planning: ,Other (if"Other",name the activity.) 111"I'- �PMii�-,-drIthild)"haveArelatibnihip- any; icer or employee with -off "9-0",-1 leolp�A,RIC,mu'r "Business means abiusiness, D '0U_ mp%, -1. relationship 0 b - dsitidss interest. 0 _Wo ;4 the paitial ownership of(or employment by)4 �ILdn q C nc udi, I w 1 10, 14) W "now it n h 1 4 y YES — NO X, If you,l answered"'YES",complete thebalance of this-form-and 4*ariii sign where indicated.1 ,NaTe,of person employed by the Town of Southold Title or position of that person, -off #r e loy�e Either check town iddir employee.Describe the relationship between applicant/agent/re p _ 6en yourself(the pres6dWive),dndthe to, the appropriate line A)through D)and/or describe in the space._provided. ided.. The town officer oremploypd or his or her spouse,sibling,parent,or-child is(check alftfiat'apply):, ­ ---A`44he0wner ,gM'4'er.th5ii-S%,6fthle� im 'Ofth"O"W 'Ap oko -rpo4W.;; j all Mne 1-vt j.a1cor_poiW P)the actualappljtani." bt8(AjPT1109 OF RELATIONSHIP NONE of- -un --20(Y-15 4 Submitted thisi" h Sigpat6re. -- 7_­ _PrintNarne 'Form.TS'1 AMENDED APPLICATION ADPL;ICANT/AGENVREPRESENI'ATl TRANSACTIONAL DISCLOSURE FORM_ 16-VA, w , ' ita £ tfi n wnteies an:tl'e _ `o_' tIi i _ I Lrs M do iteto avoid same. YOUR NAMEi;. - _. LARK, RICHARD F. ". (Last name,first Heine,r}iiddle initial,unless you are applying in the-name of •someofic else or"other entity,such as a company.If so;indicate the.other person's or company's name.) NANIE,OF APPLICATION: (Check-all,that apply.) Tax'grievance Building Variance Trustee Change of Zdne Coastal Erosion ;-= Approval of plat Mooring, F Exemption from plaf or official map _^= Planning, iOtlier" (If"Othee*,_name the activity.) .•- Do yaei g rsorLa ly;(gi 1ltroirgh Buie"t !t fpat►'spouse,°stbfiri# y n orehild)have a relationship with any"officer or-employee ' of the: ' irni`SbtiHlaC ?-'"RcEationstip"uicluite >b};lzl�iodp-ma�'tage>-t��`busiciess interest."Business interest"means,a business;` including ai; }eEshi i ttri:rthiGlt Ii town_ f€#c i -.em cu e;ligs'cvetra.partial ownership of(or employmentby,)_a.corpbration in whin the la)gvii`afftce"c•'tir eirt?aloyee;.o� s more glian, p%ci(the shares. YES NO X _- If you answered"YES",complete the,balance of this form and date abd 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%agentlrepresentative)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 6t his:or her spouse,sibling,parent,or child is-(check all,thatapply): e:awrr:o 'gter Hari 5t:iif fl 'ss:q 'the'cvrji c swclr oftlioaapO* „(4vheti tit ;a s alicani-i.'a ecicpuratfri )q. B)tlie:ll.or' Caial:awnexafsny interesting ilori=cticpa�rateentity.( he»4tI ap�rt�c�n�ss n�t~a�eart?ai�(iotx�; p , ffieec diieetox,=paz or_':enipla(tht s_rppl%cutftiar" D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submittedthis26th dayof- Jane 20 15 Signature.- ' Print Name Richard F. Mrk Form`fS l •— 1 fi e to•1�' _ ,3 AMENDEp APPLICATION tPPLICANT%AGENT/REPRESENTATIVE'' TRANSACTIONAL;DISCLOSURE FORM= •i u .t ..''fo'- ;s i----=�•�� ..... .. '����°_.;��:._±fo-- - f:_ _ �'-O - - ---- --=if io. . ._riv}tia��ue�-- - - 01 , ofjimm necessarv•to avoid swine. .• �'"' - - '' - Y.,OUIt'NAME:•.-•,_ FOLT S, MARY LOU (Last name,fust name,diddle initial;unless you are applying in the'name of someone eise`or=other,'entity;sue_has a company_.If so;,indicate tlie�other`' person's--or company's name:) NAME OF APPLICATION' ,(Check.41 that apply.); ' .* Tax grievance ' _ Building =_ _.,_• _ 3g' X Variance; --_ - -- __= Trustee _ _Change of Zone -_' Y !Coastal Erosion, m Mooring: Exem tion from plat or official map Planning= Approval-o pat (lf'`Othee*,namhvactivity:) Do yogi_ isuiialli'{ot tl1TQY !(? ! slb7ittg? a oG�uaine"ss int re thave i6Bus Hess interestmeans bus Hess; ' of the, tiviritoF' Qla�s eiatorishi "utctaeuitliy:157ood,tiiittrTag,, t _ includit ; ;p e' d o risi a t►paoy e.licl 'esr a partial ownership Fm of(or employment by)a co"ration! in whiCl%Ilte#o! ii,:or'br cti?IrlisycoVns rntace.tlapae oftieshares: YES - - -NO -- -__ ._. if you answered"'YES'.complete the balance of this form and date and sign where indicated3 Name.of'per"son`e'mployed by the Town'4'Southotd -Titic`oc-position of that person-. -Describe the relation"shipbetween.yourself(tlie-applicant%agent/representative):and the town officer or employee.Either check - •the appropriate line'A)4hrough--D)and/or,,descrlbeJn,the space,provided'. k M The town officer or employee.off hiswor_her'spouse,siblin ,parent;or child js(check all-that apply): g --_ __a)'-tiio+ovine_r4dt`gra'��r�`than;=SJro��irw,stian�t�eca��oxatoistctc�:_, <appl►�..:� q , he3te,�igp>tcigt;is;acicicpa aa00),1• ftii 1e r t :� a lsir.),W;ft41alow,.oivi0ntgidstiii:��,•gon�o,ipartal��dnt�,q;,�ititx±� � alipti. ntl&rngtipseorrsiritEatrr : +C fl ir';direcW4-,p'aig ety?or`.ftptci�,__01460,_I?pf+ "or' r�.�!`• ��sy - D),the actuai applicant: DESGRitPTION_OF RELATIONSHIP, NONE s -Submitted this 2.6 th*of _2015 =t _Signature :print Name_;Mary'Lou Foi 's= - 'Town Of&uthdd AMENDED APPLICATION k'A_W CONSIST ENCYASSE.SSM I ANTIFORSt- INST-RQ(T All'-applicants--f-or­p'ernft, Odh6h_i_di_nj,­'T-dW- n-,6_f_-S6­u-t—hId,'ag�n p �ps_ s6f complete dd-AF- for ;proposed actions that Ar6-si�jSouthold ow ,of Wk nt-Consistencyftyleytay._ Tliis 'Iassossmentjs, intended tqsupplementq ,other I&qrnabkiiied.by'476wn of Southold agency in, :making ki-n " -1 exempt ns :including;Building Permits and other'ni ,step, - permits-no4- Before 'answering. th'ei qMes,ifdusla Sociiot C, flie-prep rye'r 'ofihthis' f6rn ,'shQuld;�revi pw the,exempt riiinor action,Iist;-policies rand explanat'i'ons of each-p "gcicondainediff,theaTown ofS6ufhold_Lo6afWaterfront,WateWaterfront,-Revitalization�'Piqgr"" A nionosdd' action, will'be evaluated,.. as Ad litisignificant e ed- if c or- ,prQpos "';' T fiditibns.tafitaihed'jii the consistency' - actin_Willa afkai Uw ad eyeme hi"' mt,qf LWR' landaid� d6i K-S-A reVieW.:rdW,, T "Wit bak, Sdtjp6tflfik fad=i!.� If awaction.cannot WmO cc�_ wW-1k stan :c­cn difi'o­n_s­._ifshall-n-oAllbe-t-nde' t-fake nW ,A-co - W, Pis--avt W�,bthe,� -,oynqpqq--pfilffieat the Wnaf.S.6utf old"§p . f �LR _I - w6bsite-(soudioldf6v -.-oraff6ik- _ Planning :all .local`lib'rar'ies acid the,Town-Cles:bffice. B, __'DE9_jC, AIMO " 'AC SC,TM#:_____111_ r "13 ' 6 KI ,PROJECT NAME},_..ELLEX__V_ EMERY Application has_b�c6nso t6-(cfieok 4pprqpnde response)i Tlamifiag Novird Tow B6ard-df-Trustees .. it., 'Categ TownOS0* Id appTopria response brtaken-4ippi _n4 -Wal' Action_und--. fl�,byT, ,6wirp& 7: _e!9.Lp4P jc'*"O*_pjannin .;tp"�agpncy r lb4d transaction)- ,subsidy '(6) Perrn�i,_approwf- ,Jicense.ceraficatfom -Nature_EM extent of action: -;(SEg-ATTkQliED--Up�NDVM-F.OR-DESCRIZZI-QN 0E-PR.OPOSED-ACTIO-1 ­­2j AMENDED APPLICATION ADDENDUM TO LWRP CONSISTENCY ASSESSMENT FORM DESCRIPTION OF PROPOSED ACTION FOR ELLEN F. EMERY (TRUSTEE) 5925 NASSAU POINT ROAD, CUTCHOGUE, NY SCTM #1000-111-13-6 Permit for: As-built 100' timber pile vinyl sheet pile wall bulkhead; as-built 80' timber pile tongue-and-groove retaining wall with two 8 ' returns located ±25' landward of bulkhead (buried) ; as- built 80' mid-bluff timber pile tongue-and-groove retaining wall with two 8 ' returns located ±55' landward of bulkhead; as-built 85' timber pile vinyl sheet retaining wall with a 12' return and a 25' return located 7 ' to ±10' landward from top of bluff; as-built stairs from top of bluff to beach consisting of a 41x7 ' access platform leading to a 41x28 ' set of stairs with associated 75 sq. ft. landing to a 41x7 ' set of stairs with associated 95 sq. ft. landing to a 4'x17 ' set of stairs leading to a 4 'x13' walkway with a 4'x10 ' set of stairs to the beach; as-built 1, 800± cubic yards clean fill spread evenly between retaining walls to replace lost bluff material with placement on top thereof a erosion control jute matting with plantings of American Beach and environmental grasses; as-built drainage system to direct roof rain and surface water away from the house foundation and upland retaining wall by providing a drainage swale with a 6-inch perforated pipe to drywells in the front-yard area; To prevent further erosion at the top of the bluff on the northerly property line, a Permit to: extend the mid-bluff timber tongue-and-groove retaining wall 14 ' to the northerly property line; extend the vinyl sheet pile retaining wall landward from the top of the bluff 12 ' to the northerly property line; construct along the northerly property line a 6'x6' timber pile and lagged step down binwall with 8-inch pile posts 10' long; remove small overhanging lip of vegetation at top of bluff to establish natural angle of repose; clear brush from the top of the slope; add 20± cubic yards of clean sand, regrade as necessary; , place woven Geotextile on regraded area, and plant with beach grass and other environmental grasses; and related minor steps to complete project and restore landscaping; To prevent erosion at the top of the bluff at the southerly property line, a Permit to: extend retaining wall approximately 8 ' to the property line; increase height of retaining wall by 18 inches; reinforce with helical anchors; repair existing timber bulkhead wall at bottom by replacing damaged walers; clear brush; add 10± cubic yards of clean sand, regrade as necessary; place woven Geotextile on regraded area and plant with beach grass and other environmental grasses, and related minor steps to complete project and restore landscaping. 1-a Location;of action: 5925 Nassau Point Road, Cutchogue, NY Present land use: One-family dwelling Present'zoning classification: R-40 Residential Low-Density 2. If-an application for the proposed action his been filed with the Town of Southold agency, the,following hifbrmation shall be provide (a), Name.ofapplicant: Ellen F. Emery (Trustee of the Ellen F. Emery 1999 Revocable Trust) 121 Somerset Avenue, Garden City, NY 11530 (b) Mailing address:,- (c) Telephone nuiiiber:Area Code ry (d) Application number,if any Will-the action be directly unde require fi4&g,_or approval by a state or federal,agency? yes,' 'if-yes,,which,state or.federal agency? C. Evaluate thp,projeci to.the:following policies, by analyzinghowthe project will further support or not,support thipo#cie's. Pr6videall-pro all-proposed Best; Priactices,that will furt p hereach policy, incomplete answers will require that thelfdrm,'he-retUirned,for-zcomlile#op. DEVELOPED,COAST POLICY Policy 1,. Foster a pattern of-development-.in the Town of Southold,that enhances communitycharacter, preserves open space9 ,W efficiont-uieofiofrgstiruaurie,.makes"be4efidal use of a'cdaital locW66;,and nimimizes-adverse-effectsof,developmeitt. See.LWRPSect*ton'IH-Policieg; Page 2 1br,evaluati6n criteria. IRV" 0"15 No R Not Applicable SuEgrstoizpl-SanLy-.,.destr�pye4.,tlie__p?cistiRg,bulkhead, retaining_wall-an�q stairs from the top of the bluff to the beach; also eroded large ,portions of the bluff on the subject property rk� 0 n inf_&"Pec ;;The_ restoration on t of f` FtFgfs-ori T Fcc-orpri8h U _ddi b -C _sf n�b_f -tlid__bl­ff the objectives"'Of''Po' licy-- I es so y p Veniting uture�' r6 6 _ —so land (5EE'.ATTACHED-ADDENDUM ,,' _vP LIQY__ - Attach-additional sheets if necessary P61icy 1 Protect and! preserve historic and archaeological resources of the Town of 'Southold. See- -ILW- RIP Section III-Policies icies Pages 3 through 6-for,evaluation criteria 0 Yes 0- No Not Applicable AMENDED APPLICATION ADDENDUM LWRP CONSISTENCY ASSESSMENT FORM FOR ELLEN F. EMERY (TRUSTEE) 5925 NASSAU POINT ROAD, CUTCHOGUE, NY SCTM #1000-111-13-6 Policy 1, continued: materials onto the beach and the waters of Peconic Bay. After the completion of the restoration work, it will allow beneficial use of the waterfront portion of the owner's property. Specifically, the destroyed bulkhead has been replaced as well as retaining walls constructed to fortify the bluff; clean fill has been uniformly placed on the bluff, graded, stabilized, beach grass and other environmental plantings have been planted; stairs have been constructed for safe access from the top of the bluff to the beach. All restoration work was focused on rebuilding the bluff to prevent future erosion and to protect the residents on the property. Further, the mitigation efforts will prevent the bluff soil from eroding onto the beach along Peconic Bay, thereby making efficient use of the infrastructure and the beneficial use of this coastal location. Policy 6, continued: The swale in the back yard area will help prevent surface water from reaching the bluff. Establishment of the beach and other grasses on the bluff will not only provide protection from erosion but will enhance the natural look of the bluff. Attach adclitionalsheets 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.crit M Yes i No ❑ Not Applicable The restoration work will,minim ze_zb-l-uf-f erosion-,;anAd--the alantin and-maintenance-of _beachrass and other envi_ronmentar as on_the_bluff_will-present_a=_natural look and "further the objective-of Policy 3 by enhancing the scenic quality of the landscape of_this property along the__shQ,re,line Qf Pgconic $a y ;e Attach additionWFsi�6ets ffnecessary 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,t6 for evaluation criteria `{ Yes No Not Applicable The restoration and rebuilding of the-bluff and the lantin s of beach arass will further Policy 4 b reventin - e-os-i n._-as-.we--1=_as.:-the=-installation.-o.f_the= draina e_..s. tem- ']1._di ect surface water..and..xoof. runoff-__away_,from the_bluff channeling..it into -dr wells in the front ard, all of which mitites _arty- erosion and coxltributes to the natural look of_the b of _ in Attach aiiditiolnal'=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_xe,storation of-the bluff and the im lementation of the drainage plan-,are, consistent with Policy 5'. ,The-,-landsca in - n the__baik,_ _d�wil1�_hav_e.- surface=water_ flout into._a Swale„ ,which has_been--pa ed to_a _dr ell in, the front_ _ard erea. ' T1�c Cdr wells will_alsocollect the roof_ runoff. Together these measures will recharge e mi i at , the __jadverse effects of the surfaceat-es re'achin _-the_,to. �_of_the bluff____-__--_______ Policy 6. Protect and restore the quality and function of the Town of-Southold ecosystems including Significant Coasial Fish and Wildlife Habitats and-wetlands. See LVVRP Sve#en,M—Policies;Pages 22 through 32 for evaluation criteria. Policy 6, 'continued: Yes No Not A, icable and,24"Te�ptoration of the bluff and the - incorporated -diverting:the=surface water will 'Kiesllt _IH-improvement environmental conditions of the property and thus serve tp protect 'and restore the quality . a -ands_ n n r t, f--t-hp-slMr-ounding ms_&,��Th&,�d- _ s-vs tem,-,,the WRAA4an tbe_restoration of the bluff will minimLze erosion from storms and water runoff.-:_ '1'Fie installer -drZKe, _e will •.xgcapg t _.and_xechaa ,-all, of .-the roof and storm runoff, (5EE ATTACHED- ADDEND_TRI_A I? _,Q Attach-additfonW,she`66'ff-'Iiecess4ty Policy 7. Protect and improve,air quality in the Town of Southold. Sm,L-WRP Section M Policies I fe- - Pages 32-through 34 for evaluation_criteria; ,Cj Yes ONo[ Not.Applicable. X61 Zdiii6fiifleeti if".necessary Policy 8'. Minimize environmental degradation,in'Towniof.:9,6uthold',from solid waste and hazardous substances an4wisteg. See.LWRP Section rolicieg;-Tages 34 throuih 3&for evaluation criteria. Yes 0, NO Not Applicable IT 7, 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 LVW, , Section III-Pol"Icies -Pagea-38 through 46--forv.valuad6ift criteria. Fx] Yell No n'Not Applicable Although the shoreline in this area along Peconic' Bay- has limited public access, installing the stepsto� the beach, parallel to the bulkhead will reduce the area footprint go ,,�642g,tj,al6n_g t"Se si6�61ifii-717-1 -n&tT5&17; o--in - the'water tot pass the _stairKr.�I__P,t,-nQrmaI_ hig -h- T i -will as il-Ltat4p _44sive recreational use of walking _the shoreline.., 7� WORKING COAST POLICLy Policy 10., Protect Southold's-water-dependent uses and promote-siting of-new water-dependent uses in suitable locations. See LWRP Section III Policies; Pages.47 through 56 for evaluation criteria. ` Yes No 0'Nat 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 HI_—Policies; Pages 57 through 62 for-evaluation criteria. Yes L�;1'. No 0 Not Applicable Attach additional sheets if necessary " Policy-0. Protect agricultural lands,•in the,Town of Southold. See LWRP Section III — Policies;Pages 62 through,65 for evaluation criteria. Yes No R Not Applicable ,Attach additional sheets it necessary. r• Policy 13.-, Promote appropriate use and development of energy and mineral resources. See LWRP Section III--Policies; Pages 65 through 68 for evaluatioa criteria. f b:�. ,� Yes, No 0 Not Applicable w. t PREPARED BY.--JR chard_=F. .Lark TITLE Attorney DATE-6�2, 6�?�154 � I< LARK&FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973. CUTCHOGUE,NEW YORK 11935 _ Tele.No.(631)734-6807 RICHARD F.LARK Fax No. (631)734-5651 MARY LOU FOLTS -, E-mail: LarkandFolts@aol.com VaD b"a uary 2010JUN 3 0 2015 . �Southold Board of Town Tru 54375 Main Road P.O. Box 1179 --- - % JAN 1 7 2014 �''t:,L c ,c,�rl*, Southold, NY 11971 Juatftu�iu,�; RE: Application of Ellen F. Emery (Trustee o e Ellen F. Emery 1999 Revocable Trust) SCTM #1000-111. 00-13. 00-00'6.000 Gentlemen: In connection with the above-captioned matter, I am enclosing four copies of the following: 1. Board of Town Trustees Wetland Permit Application with exhibits 2. Short Environmental Assessment Form 3. Erosion, Sedimentation & Storm-Water Run-off Assessment Form 4. Authorization of Ellen F. Emery (Trustee) 5. Applicant/Agent/Representative Transactional Disclosure Forms: Ellen F. Emery, Richard F. Lark and Mary Lou Folts 6. LWRP Consistency Assessment Form `•7 . 30-Year Maintenance Agreement Form, signed by Ellen F. Emery (Trustee) on January 10, 2014 and notarized, with attached survey by John C. Ehlers, Land Surveyor, last dated 11-20-13 8. Lark & Folts, Esqs . check #2551 in the amount of $100. 00 If you need any other information, do not hesitate to contact me. Very truly yours, i ichard F. Lark RFL:mdh - Encs. t I James F.King,President Q�&p�$oUj�O Town Hall Annex Bob Ghosio,Jr.,Vice-President 54375 Main Road P.O.Box 1179 Dave Bergen Southold,New York 11971-0959 ! John Bredemeyer i ��, • � Telephone(631)755-1892 Fa Michael J.Domino Fax(631)766-6641 "+�t1Pf 11ti BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only $�C _Coastal Erosion Permit Application i JUN 3 0 2015 .Wetland Permit Application Administrative Permit _Amendmentffransfer/Extension ; Received Application: Received Fee:$ _-Completed Application Incomplete _SEQRA Classification: Type I Type II Unlisted _Coordination:(datq,sent) �LWRP Consistency Assessment Form CAC Referral Sent: Date of Inspection: ; Receipt of CAC Report: _Lead Agency Determination: Technical Review: Public Hearing Held: Resolution: I. Name of PropertyOWner(s)` Ellen F. Emery (Trustee of the Ellen F. Emery 1999 Revocable € Trust) Address 121 Somerset Avenue, Garden City, New York 11530 Phone Numbear:( ) (516) 746-4038 Suffolk County Tax Map Number: 1000- 111.00-13.00-006.000 Property Location: 5925 Nassau Point Road, Cutchogue, New York 11935 590' northerly of intersection of Wunneweta Road (provide LILCO Pole#,distance to cross streets,and location) AGENT: Lark & Folts, Esgs. (Richard F Lara, Esq and Mary Lou Folts, Esq.) (If applicable) Address: 28785 Main Road, P.O. Box 973, Cutchogue, New York _ 11935 Phone: (631) 734-6807 - 1 f 4 Ard of Trustees Application(. Y I� I GENERAL DATA !; i Land Area(in square feet): .83 acres (35,9001 sq. ft.) Area Zoning: R-40 (Residential Low Density) Previous use of property: one-family dwelling JUN 3 0 2015 r Intended use of property: one-family dwelling —" - - ..s,,,.rt:,�•:�; i Covenants and Restrictions on property? Yes X No If"Yes",please provide a copy. Will this project require a Building Permit as per Town Code? Yes X No 1•.` If"Yes",be advised this application will be reviewed by the Building Dept.prior to a Board of Trustee review and Elevation Plans will be required. Does this project require a variance from the Zoning Board 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 the Building Dept.? Yes X No Does the structure(s)on property have a valid Certificate of Occupancy? X Yes No. Prior permits/approvals for site improvements: Agency Date NYS DEC Hurricane Sandy 01/30/2013 (Ex A) General Perm t M Southold Town Trustees 8049 02/20/2013 (Ex B) Southold Town Trustees 8222 06/19/2013 (Ex C) or% under for site improvements. was destroyed by superstorm Sandy. Has an ernut/a roval ever been revoked or suspended b a governmental a enc ? X No Yes i Y P Pp P Y g g Y i e If yes,provide explanation: t, Project Description(use attachments if necessary): to obtain wetland permits for (a) "as built" restoration of bluff; F { (b) upland drainage plan; 3 4 t (c) 200 sq. ft. observation deck (10 feet landward from crest of bluff); r all as shown on Ex D, E, F and G. (SEE ATTACHED CONTINUATION PAGE; 2 PROJECT DESCRIPTION FOR AMENDED WETLANDS PERMIT (CONTINUED) 100 ' timber pile vinyl sheet beach bulkhead; 80' timber pile tongue-and-groove sheet retaining wall with two- 8'- - returns located 251 ± landward of bulkhead; 80' mid-bluff timber pile tongue-and-groove sheet retaining wall with two 8' returns , located 55' ± landward of bulkhead; 85' timber pile vinyl sheet retaining wall with 12' return and 25' return located 101 ± landward from top of bluff; 4' wide stairs supported by 8" timber pile posts with stair treads of Timbertech composite decking from top of bluff to top of bulkhead; 4' wide beach stairs parallel to bulkhead with fiberglass reinforced plastic treads; 1800 cubic yards clean fill spread evenly between retaining walls to replace lost bluff material; placement of erosion control jute matting on bluff. Rear-yard drainage system to direct roof rain and surface water away from house foundation and upland retaining wall by front--yard__area-.. ._ 200 sq. ft. deck of Timbertech composite decking supported by 6" x 6" posts, located in rear yard 10' landward from the top of the bluff. 4 N D JUN 3 0 2015 i CONTINUATION PAGE GENERAL DATA - PROJECT DESCRIPTION Y '- 1 Board of Trustees Application GNERAL DATA (continued) Ex D - Affidavit of Ellen F. Emery, sworn to on January 10, 2014 Ex E - Letter of Ellen F. Emery dated January 10, 2014 enclosing 8 copies of photos Ex F - Seacoast Construction, Inc. - CONSTRUCTION REPORT OF EMERY PROPERTY DAMAGED BY HURRICANE SANDY Attached to this report are the following items: Item#1: Report of Daniel Seligmann,P.E., December 12,2013, "Inspection of Bluff,Erosion Repairs and Erosion Protection,new retaining walls, as built drawings and details, drainage plan and recommendations",with the following _ attachments: A. Plan: As Built Retaining Walls,Drawing#101, 12-12-13; B. Plan: As Built Retaining Wall Details,Drawing#102, 12-12-13; C. Plan: Drainage Plan,Drawing DP-1, 11-27-13; D. Plan: Proposed Deck Details,Drawing 4D-1, 1-8-14. Item#2: Report of Daniel Seligmann, P.E.,November 15,2013, "Inspection of House Foundation". Item#3: Building Permit#38536, issued by Southold Town Building Department, 11-27-13. Ex G — Survey of premises by John C. Ehlers Land Surveyor last: revised 11-20-2013 °a! JUN 3 0 2015 i, 2a Board of Trustees awlioati= I WETLANWIRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: to restore bluff and protect house foundation from further settling as shown on attached Ex D, E, F and G. Area of wetlands on tot: -0- square feet Percent coverage of lot: -0- % Closest distance between nearest existing structure and upland edge of wetlands: feck bulkhead adjacent to Peconic Bay 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? -0- cubic yards How much material vft filled? 1,800 cubic yards varies Depth-of which material somim&=deposited: 3 to 24 feet Proposed slope throughout the area of operations, 60 degrees, more or less Mannerin which material xxa adeposited. via telebelt from top of bluff I 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): None JUN 3 0 2015 h i 3 al Conformation Receipt re:ELLEN P, ERY-5925 Nassau Point Rd Page 1 of 2 t From: SendyR1 <SandyR1@gw.deastate.ny.us> ' To: larkandfbits<larkandfolta'@aol.com> Subject:Confirmatign Receipt re:ELLEN F.EMERY-5925 Nassau Point Rd Date: Wed,Jan 30,201311:46 am Attachments: General Permit GP-0-12-006.sec ure.pdf(71K) Subiect:_GenneraI Pe m-t GR-0-12-006 - ftricane Sandy General)PpWi This confirms our receipt of your Notice of Intent for GP-0-12.006 which is the General Permit authorizing recovery and repair work associated with storm damage from Hurricane Sandy. ' A copy of the General Permit is attached and it is also available on DEC's webpage, liqp,//www.dec.tiy.glv/Xublic/76659.littul. Please ensure that those doing the actual work understand and comply with all terms and conditions of the General Permit.Any failure to confonn with the scope of activities and conditions of this permit shall be treated as a violation of the Environmental Conservation Law If you have questions or encounter unforeseen problems during the course of the work,contact the Regional Permit Administrator for your county: For Nassau and Suffolk Counties: NYS DEC REGION 1 Regional Permit Administrator SUNY cQ Stony Brook 50 Circle Road Stony Brook,NY 11790-3409 (631)444-0365 i fax:(631)444-0360 email:rldbprr gw.dec.state.lby.us 1 Or Contact: NYS DEC Division of Environmental Permits 625 Broadway Albany,NY 12233-1750 (518)402-9167 fax:(518)402-9168 email:dep nit gw, ec.stite.nX,ns >>> Sarah Evans 1/30/2013 9.50 AM>>> Came to me.directly because I spole to heron the phone. Please process as usual.Thanks, Sarah >>> <larkandfolts0-aol.com> 1/29/2013 2:07 PM>>> Dear Ms. Evans: Please see the attached letter and Notice of Intent for General Permit. If you have any questions, or need further information, please do not hesitate to call. Very truly yours, ,=- ,d Mary D. Holland Secretary JUN 3 0 2015 1`-J httn-/lmail.aol.com/37309-111/aoI-6/en-us/maiUPrintMessaee.asox r- "''� ; };«* y,,3.�Y- -� - 1/3012013 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATI Geheral Permit Number GP-0-12-006 PERMIT Under the Environmental Conservation Law (ECL) a GENERAL PERMff GP-0-12-006 y Hurricane Sandy General Permit P ee and Facility In&&atiQS Permit Issued T ►ti Facility: , y Affected •andowner Location Listed j on Notice 'of Intent 1 Appl able DEC Region(s): 1,2,3 Gene Permit Authorized Activity: General Permit for repair of damages resulting from Hum- e ` San • t�.,�•'.t :h ��:.i��rF:TL:sur�rrT1�",k;- v�sx.�e�,'a�a.�af�:l�:Q'�C.°: ;W,t,�x�Sr''�'{�^.�r?"s: $ x:'.','' Descri�t�on ofAuthorized Activities: ��� � �f>�,�t i 1.Stabilization q�,-.esxi9tffefMbnal storm-damaged dwellings,decks and walkways with t apo bracin a�d�gs; ction of a single 4'wide access damaged gs;� 2. walkv' hof access dam ed dwell 3.I tallation of up to four rows of sandbags or 1 cubicd satlacubehe toe of storm damaged s es or eroded escarpments; 4.Pl ement of sand and/or material equivalent to existing material at the toe of eroded escarpmen 5.R it or reconstruction of stairways that were functional before Hurricane Sandy; ' b.Reiade eroded dunes; 7. In-kilplaxepainor�xe�pnst>ur�liof, ulkheadaxtd�shoxelinereinsionRslustuxss�tbats+erg In- functional eforeHsu t9ane Sane y y 8.Repair deconstruction o existing public road brigs u illi es and a�ppuu icciinfras C. All work steal done according to the permit conditions contained herein. Permit Authorizations Tidal Wetlands-Under Article� �� Effective Date: 10/31/2012 Expiration Date.I blr�lynlr Excavation &Fill in Navigable Waters -Under Article 15 Title 5 4 Effective Date: 10/31/2012 Expiration Date: 10/31/2013 ` Water Quality Certification-Under Section 401 -Clean Water Act JUS 3 0 2015 l Effective Date: 10/3112012 Expiration Date: 10/31/2013 Coastal Erosion Management-Under Article 34 - EffectiveDate: 10/31/2012 Expiration Date: 10/31/2013 Page 1 of 6 /4 I . NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVAT:,_ a Geheral Permit Number GP-0-12-006 a i - NYSDEC Approval I - By acceptance of this permit,the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, acid all conditions included as part of this permit. General Permit Authorized by �; r Permit Administrator:JO J GUSON, Chief Permit Administrate. _F Address: NEC HEADQUARTERS r x, 25 BROADWAY ALBANY,Nr Y 12233 h` K Authorized nature: ' T- - a Date: 10/31/0 r Permit Components NA + RESOURCE PERMIT CONDITIONS NAJ W M- RQU,ALITWoGER-11F1CAUUN,SPEC IFIG-GOND T ON:,c'.-A ;aoafA M G Y CONDITIONS,APPLY TO"h' E, . 4THORIZED PERMITS N FICATION OF OTHER PERMITTEE OBLICT TI(CJ9 "-- NATURAL RESOURCE PERMIT CONDITIONS -Apply to the Followin ermits: COASTAL EROSION MANAGEMENT; WATER QUALITY . CER ,Oa; �V � TTV � A _ . •. . AL L Conforgnce With Plans All activities authorized by this permit must be in strict co rmance with the approkd plans submitted by The applicant or applicant's agent as part of the per; application. Such approved pls were prepared by the applicant and/or an authorized representative: Z. In-land,In-place Apsir or Reconstruction Existing bulkheads,walkwa shoreline erosion structures that were func@%- &at the time of the storm damage may be t Offd or reconstructed in- kind and in-place of the existing, es.No expansion or seaw�V , eennsion of bulkheads or shoreline structures is authorized by this citr + ' "� 3. Repairs to Structures All repairs to existing structures shall be confined to replacement of existing elements withno change in design,dimension or materials,unless specifically authorized by this permit. 4. Stairway Design The stairs and landings shall be a of 4 feet iii wfdih and constructed a minimum of 3 feet above grade over the dune/bluff1r z ° t y Re ,o + 1 y JUN 3 0 2015 r ' STEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATL_. . • Gfteral Permit Number GP-0-12-006 5. Backfilling All peripheral berms, cofferdams,rock revetments,seawalls,gabions,bulkheads or other approved sjioreline stabilization structures shall be completed prior to placement of any fill material behind such structures. 9 - 6. Equipment Operation Equipment operation below the high tide line is strictly prohibited.The storage of construction equipment and materials shall be confined to the project work area and areas more than 100 feet from the high tide line. Y1•Y' �p�F�', d+:ri 7d�. 7. Sanitary Systems This pepjvdi not authorize filling or re-'gof exposed sanitary systems. i Landowners must apply fsyp.=separate permits to perform repairs or reconstti to sanitary systems. k 8. Hydraulically-tilled Sandbags,Sand Cubes and Geotubes Hydraulically-fille wandbags,sand cubes and geotutles are strictly prohibited. 9. Beach FaCavation Prohibited for Fill Excavation of the beach or dune for the purposeNf obtaining f fill materi is prohibited. Sandbags may not be filled using sand from the beach or dune areas Sandbag&ust be filled with clean sand;no debris or deleterious materials are allowed, 10. Sdbag and Sand Cube Installation Sandbags and sand cubes must be installed no more four ws deep and a maximum of three rows high. K 11. i0m:val of Sandbags and Sand Cubes Sandbags and sand cubes must be removed within 121 daytick -Q[,4Y�:41?a ;1V rt :(�• v_,r DX Per it,to. lloxv the s to e � � � 1 t - �.saaAarSldv ea1J r. a?^�•;;d J obtained. 12. Tid Wetland Vegetation There" a1e no disturbance or damage to vegetate ' "i wetlands r aunOgggaeetation as a result of the work perforine'd er this permit.All neceg , ecautions must takto prevent damage or disturbance to these 13. onstruction Debris All construction debris shall be cleaned up at the end of each work day ad disp ed properly.No debris is permitted in tidal waters or the beach areas. 14. As n Longhorned Beetles Any tree debris within New York City,Nassau or Suffolk coun$r s ` 5 &+�! '�.:�':� w.:-.`.",.•,7�wia< Dl,e� n�=• �5';�s�t 9N-- o-' i�i .,•!rn ?"�.•w:�c^.t�C�le'° � shall be dispose "oy c�hippmg toesstiari mei rn ari�y wo d'imenazons,then used ash,erosion E control,be d3it'gwageat;or aei-Wo'�sft a-rofflyxlig d ve'dAhrtsrti. iswf afigh! l eetl'erq�tine areas under( ermit from the NYS Department of Agriculture and Markets htt : wwv a "culture.n . EPI alb.btmi .Vol IV , Nw. Least TernsPiping Plovers All recovery and.repair work occurring in op ,sandy beach areas must cease 31,2013 to protect potential habitat for Least Tern d-1rping Plover,unless otherwise authorized in v` 'ltgpg by the Department. A w 16. No Dredging or Eacavatian bvdrgd= excavatijxath ration of shoreline or underwater areas is authorized by this per t-norlClsuance of this permit be construed to suggest that the Department will issue a permit for such activities in the future. 17. No Interference With Navigation There shall be no unreasonable interference with navigation by the work herein authorized. )-Pj e3of6 11 °'''' JUN 3 0 2015 i NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATi.==_., General Permit Number GP-0-12-006 18. State Not Liable for Damage The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized,which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation,or for other purposes,and no claim or right to compensation shall accrue from any such damage. 19. State May Order Removal or Alteration of Work If future operations by the State of New York require an alteration in the position of the structure or work herein authorized,or if,in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free gnavigation of said waters or flood flows or endanger the health,safety or welfare of the people of the y State,or cause loss or destruction of the natural resources of the State,the owner may be ordered by the s Department to remove or alter the structural work,obstructions,or hazards caused thereby without expense to the State,and if,upon the a iw.ti�'f;Rvo'Mftbif�of i ennit,the structure,fill, excavation,or other modificati.9 e watercourse hereby authori iNh 1.not be completed,the owners,shall,without exj?oMe to the State,and to such extent and in such tr 4�.nd manner as the Department of Enviro�p cental Conservation may require,'remove all or any portio f the-uncompleted structure or fill and estore to its former condition the navigable and flood capacity o " e watercourse. No claim shall made against the State of New York on account of any such removal o eration. `M ¢ 20. State y Require Site Restoration If upon the expiration or revocation of this pe he project h ' by authorized has not been completed,the applicant shall,without expense to the S Ltand to suchxtent and in such time and manner as the Department of Environmental Conservation lawful require,remove all or any portion of the uncompleted structure or fill and restore the si o its BormoV condition. No claim shall be made against the State of New York on account of any such rern foal or alteration. 21. recautions Against Contamination of Waters All necessary precautions shall be taken to pre uFlliitliition'a�F ' t �tlrid�dt�vvai1s °e �dctii ed1 l ens lubricants,epoxy catnerete,leachate or any other environmentally deleterious matals associated�vjtla�e project. ` _ � +sem. WATER QUALITY CERTIFICATE-REG. f 6ONDITIONS a 1, ter Quality Certification The NYS Department of Environmental Conservation hereby cer�fies that subject project will not contravene effluent limitations or other limitations or standards un r Sectio 301,302,303,306 and 307 of the Clean'Vater Act of 1977(PL 95-217)provided that a oof the conditions `isle' 'fiere�r"�`'V 'A m a�s�x : 4at. as�saau�nv ey rr�xsc�sRce,s$_.ova ;ecs u c; ^x rr n ax GTNEJF RAL CONDITIONS-Apply to ALL Authorized Perm' f g.. 1. Facility Inspection/J"-The Department The permitted site or facility,'' ding relevant records, is subject to inspection at reas� hbl phours and intervals by an authorized presentative of the Department of Environmental Consei'�'�tiQn,-- thpyI�3et ;xtnd�rmine whether the permittee is #.^dii" complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3). Pa' ` 4 of 6 "L JUN ,. 3 0 2015 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATII • GBQend Permit Number GP-0-12-006 The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit,including all referenced maps,drawings and special conditions,must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of ' the permit upon request by a Department representative is a violation of this permit. 2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department,issuance of this permit does not modify,supersede or rescind any order or determination previously issued by�# etUbp" e o �rfyrofthE,�W, conditions or requirements contained in such order or det�Mon. 4 3. Applications For ,Anit Renewals,Modifications or Transfers 'The pe ft' must submit a k separate written a i ication to the Department for permit renewal,modification or tr flgler of this permit. Such a kation must include any forms or supplemental information the Depffftment requires. Any renewal modification or transfer granted by the Department must be in writing. Sub Sion of applicatio or permit renewal,modification or transfer are to be submitted to: i Regional Permit Administrator t 625 Broadway Albany, NY 12233--1.750 4. Lff§1bYV6fRW6Wd1 A pllb tifit i p fh itt�e most" i�tSiYtit it l lic tf�f�hleas days before permit ezipira#aa.•=a0e following permit authorizations:Tidal Wetlands,Excav��� Fill in 1 avw maters,Water QuAiYQ��fication, Coastal Erosion Management. 5. ermit Modifications,Suspensions an]�Revi4* tlo ►the Depa�ent'��The Department res�•.ves the right to exercise all available authority to moKlii �or revoke this permit. The groitds for modification,suspension or revocation include: t vamaterially false or inaccurate statements in the permit application or supporting papers; b. ' � air tea..:.. ._ �• � , c. exAding the scope of the project as described in the permit application; d. newly govered material information or a material change in environmental co " xtions, relevant teology or applicable law or regulations since the issuance of the istiung permit; e. noncompliance wig eviously issued permit conditions, orders of �ssioner, any -. provisions of the Envirofftr%gg al Conservation Law or regula o�3s the Department related to the permitted activity. ���„ 6. Permit Transfer Permits are transferrable unless specifically prohibited by statute,regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. Page 5 of 6 LJUN 3 0 2015 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVAT�< • "' O''eneraf Permit Number GP-0-12-006 F- NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee,excepting state or federal agencies,expressly agrees to indemnify and hold harmless the Departinezit of Environmental Conservation of the State of New York,its representatives,employees, y and agents("DEC")for all claims, suits,actions,and damages,to the extent attributable to the permittee's acts or omissions in connection with the ernuiftuthq4d e's undertaking of activities in connection with,or operation and maintenance o,tliA-0111 rty or cr. by the permit whether in compliance or not in compli cafiith the terms and conditions of the _ This indemnification does not extend to any clain ,actions,or damages to the extent attributable 's own negligent or intentional acts or off[ §ions,or to any claims, suits,or actions naming the DECK ising under Article 78 of the bYork Civil Practice Laws and Rules or any citizen suit or civil *Is provision under federal tate laws. 1, 40 Item B:ftfmitteels Contractors to Comply with Permit The perm tee is responsible for informing its independent contractors,employees,agents andigns of their reonsibility to comply with this permit,including all special conditions while acting as th permi 's agent with respect to the permitted activities,and such persons shall be subject to the e sanctigns for violations of the Environmental Conservation Law as those_prescribed fior the permitt ir. Y Ire V. C:Permittee Responsible for Obtaining Other Required Permits ts way that may be required to carry out the activities that are authorized by this permit. Item D064%ght to Trespass or Interna th Riparian Rights :" rmit does not convey to the permittee ari} ig o trespass upon the lapels"interfere with the A ri 'an rights of others in order to perform the permittederk�nodoes� huthorize the impairment ` any, •ghts,title,or interest in real or personal property held or vested in a person not a party to the ' pe YIN '�:�b��4�ti-Xf87&.ya4kR'at'dc"l.'R.r..?��3.`tti'.lr.,'y3'I."),2).�Y.iF!tS;,.:�,,11�►IJVnw:R:'f;7Hi+t:eQ9PYR`N.i5LrY42fi�:[F,4!`,��fil's'3k�?iJ"¢,�k_'•-.3fri5:afBhi'.AJ!AF'tiin-�:r_Si� i±j=d:sR-:.^'.�.�.a wLh.'Vi_idi.' i+v��'oC`?�f1iL'av7:i'^4if'i.,.1-�v`x `73`�"ss-.rJ?"3�AEiadx'..:./i!a7,^.'`�1"o`2�'eS�RJ�'F�-.t C s b� ✓} N4q JUN � . 3 0 2015 i page 6 of 6 gw �c;;`,llfriu 7c3an BOARD OF SOUTHOLD-TOWN TRUSTEES SOUTHOLD,NEW YDRK PERMIT NO.M DATE:QUAY 20.201.3 ISSUED TO:. ELLEN F.EMEEY PROPERTY ADDRESS; 3925,NASSAU POINT ROAD„ SCTM# 6. AUTH01MA'TION putsaant to the provisions of ChaptcrZ75 of the Than Codo i f thnTown of Southold aid in acc t wI&the-ResohWou of the BMd of Thu tM a&ptbd at the meet+og hold on MMM 212013and in oondderation of application fee in the am of S2Q.Q jWd by hack&Fob or mod waives of Town Board and object to the Terms and Cm ditim as statiod in the Rwohrtion,the Southold Town BoO d of Truotees sunhat=ad permits*0 fallowing: Wetland Permit to replssee 100'of Exiled bulkhead with two 8' returns;replace 100' of Exiled retaining waD;and replace beach access stairs,all destroyed by Hurricane Sandy;'with the eondltlon that a spring insp*eitiom of buffer areas be completed to ensure a natural buffer;and as depicted on the-project plm prepared by Seacoast Construction,Iasi d#tpd on FebruW 12,2013 and damped approved on February 20,2013. IN W FNM VlHjP ,OF,the said Bond of Tnatons horeby emma its Corpomte Seal to be affixed, and these its to be wbsorffiod by a-majority of the said 0oatd as of this date. �`• N0..,_ r''"� k;=* JUN 3 0 2015 i° BOARD OF SOUTHOLD TOWN TRUSTEES - •SOUTHOLD,NEW YORK PERMIT NO.W2 DATE:8M 19,2013 ISSUED TO: ELLEN F.ENW Y 1999•REVOCABLE TRUST PROPERTY ADDRESS: 5925 ffASSAU POINT ROAD,CiP1 SCTM# 11 1-13.6 AUTHORMATION 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 T eteesxdopted at the meeting held on June 1%2013,,and in consideration of application fee in the sum of$210 ..,:N paid by Ellen F.•Panery 1999 to Trust 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 f98' upper retaining walt with two(2) +31 returns using vinyl sheathing; construct a 08' mid-bluff wood retsiong wall with two (2)f3' returns;add clean fill to re-establish'the entire bluff area as needed; construct a platforhi-at top of bluff leading to 4'wide bluff stairs and a 107x10'observation platform along the.mid-bluff retaining wall;-re-vegetate air disturbed bluff areas using native plantings;and as depicted on the site plan prepared by Seacoast Construction Inc.,received on May 28,2013 and stamped approved on June 19,2013. IN WITNESS WHEREOF,the said Board of Thotees hereby causes its Corpozate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. kr i JUN 3 0 2015 ELLEN F. EMERY 5925 NASSAU POINT ROAD CUTCHOGUE, NEW YORK 11935 TO: Members of the Board of �,a Southold Town Trustees '` ' ,7 i ail kf/ Town of Southold P.O. Box 1179 rr, / Southold, NY 11971 i JUN 3 0 2015 STATE OF NEW YORK .- n ss . • COUNTY OF SUFFOLK ) ELLEN F. EMERY, being duly sworn, deposes and says : 1 . 1 am Trustee of the Ellen F. Emery 1999 Revocable Trust, which is the owner of the property at 5925 Nassau Point Road, Cutchogue, New York (Suffolk County Tax Map No. 1000- 111 . 00-13. 00-006 . 000) . I am submitting my request to the Board in affidavit form because, due to- health reasons, I might not be able to attend a public meeting to discuss this application. 2 . This application is for an "as built" reconstruction permit for the work which was accomplished by Seacoast Construction, Inc. during the summer of 2013. The Board issued Permit #8049, dated February 20, 2013, and Permit #8222, dated June 19, 2013. A new bulkhead and three retaining walls were constructed as well as replacement of the stairs. However, due to circumstances beyond the contractor' s control, the stairs and the retaining wail are not in the exact location as provided for in the plans as location adjustments had to be made during the course of construction. 3. Superstorm Sandy, which occurred on October 29, 2012, and the subsequent Nor easter occurring a short time later, completely destroyed the existing wooden bulkhead and the upland retaining wall on the bluff on my property. The storm water 1 surges completely engulfed and destroyed the bulkhead and retaining wall, scouring out to Peconic Bay a tremendous amount of soil from my property. 4 . The contractor, Seacoast Construction, Inc (Christopher Gentry) began work on April 17, 2013, which was nearly six months after the storms. I have been informed by the contractor that during this period of time there was tidal scouring because there was no bulkhead and retaining wall . The incoming high tide flowed on my property for a considerable distance, and when water flowed out it contributed to the destabilization of the bluff which occurred during the course of construction. 5. The contractor, after cleaning up the debris from the storm, built a vinyl bulkhead in the place of the old wooden bulkhead. When the contractor was in the process of replacing the retaining wall that was lost during the storm, the bluff above where he was working kept eroding and caving in, destroying what had remained of the existing stairs and platforms . During this period of time, large chunks of bluff randomly caved in, leaving a vertical wall at the top of the bank. There were two occasions when I was standing in my house that I heard the bluff giving away at the top and I felt the floor under my feet tremble. It was at this point that I panicked and contacted Mr. Gentry and told him he had to immediately do something because I was afraid that the bluff would continue to erode into my backyard and ultimately expose the foundation of my house like happened in Rocky Point along Long Island Sound years ago. 6. I was informed by the contractor that his engineer, Daniel Seligmann, P. E. , had immediately responded and had inspected and tested the soil conditions on the bluff and my backyard by the house foundation. Mr. Seligmann stated that the JUN 3 0 2015 r erosion had already compromised my house by having the foundation settle. The engineer recommended that a vinyl retaining wall be immediately installed at approximately 10 feet landward from the top of the bluff and another retaining wall be immediately installed midway on the bluff to prevent further recession of the bluff. This was accomplished as rapidly as the contractor could do it, and they filled up the newly-created space on the bluff with clean fill. The result is that the bluff did not recede anymore after they installed these two upper retaining walls. 7 . After the work on the bluff was completed, Christopher Gentry explained to me that the retaining walls could not be built in the locations as originally planned due to the severe erosion of the bluff. These retaining walls had to be placed where directed by the engineer to protect the house. I was none too happy about seeing the ugly retaining wall in my backyard. However, with proper landscaping it can be camouflaged, but more importantly my house should be safe. Due to the settling of the foundation of the house, I had the contractor apply for a building permit from the Building Department to stabilize the foundation to prevent any further settling. 8 . It was also explained to me by the contractor that there were difficulties in installing the stairs due to the steepness of the bluff' s slope angle. To keep the stairs from getting too steep and difficult to use, the stairs had to be built in three sections and, for strength purposes, were offset and connected with a landing. Due to the severe erosion which took place during the construction, it was not practical to build an observation deck on the bluff. 9. The contractor and the engineer, to further protect my house at the top of the bluff, are applying for approval of a JUN 3 0 A P drainage system plan so that the surface water will drain away from both my house and the top of the bluff to a drywell in my driveway. Application is also being made for a 200 square foot deck which would be located in the backyard 10 feet landward from the top of the bluff. Your consideration to my application is sincerely appreciated. Respectfully submitted, Ott,- ?� Ellen F. Emeryl. Sworn to before me this /vim day of January, 2014 '? JUN 3 0 2015 Notar Public j 4 rub. . ®f lir YO On�'Of At31��6/y 4 ELLEN F. EMERY 5925 NASSAU POINT ROAD CUTCHOGUE, NEW YORK 11935 January 10, 2014 Board of Southold Town Trustees Town of Southold P.O. Box 1179 r!� Southold, NY 11971 JUN 3 0 2015 'vJ Dear Members of the Board: So that the Board has some understanding of what happened to my property as a result of Hurricane Sandy, I am enclosing some pictures that friends of mine have given me this past year: Photo No , Date Description 1 October 9, 2011 My stairs and bluff before Hurricane Sandy 2 January 22, 2013 My bulkhead after Sandy 3 January 22, 2013 My bulkhead and retaining walls after Sandy 4 January 22, 2013 Water erosion to observation deck 5 June 9, 2013 Bluff 6 July 14, 2013 Bluff 7 October 17, 2013 Top vinyl retaining wall 8 November 2, 2013 Bluff and stair system Ver truly yours lien F. Emery 4-x �ux"�z "YtT -x,,,,,,nth•:ro;«a "'r1Y1111M► `$�''.F -. .., w� -...1 /�•�../y ` 'l►: fir, 4:.. a._ .. .... ,-. ..., . � Slot 44 � � e ""Wow ,. 17 . JUIN � � 2015 el ll iii ilj s _ x 3 3 � • 0` xq s. nn s r � -- 14 r � JUN 3 0 2015 ' - ., ° A d yam: bga n r -- a \' r x lr. III s r - a fix. .... , s � s - „x JUN ;3 2015 , a �j Or �. . ' ' ' ,3 � 'R' t s: ■-A ,� ++,Tu��� �s�,.�„ , �' r � � ., "sem"� e . ' �g .— +� 1 Aloww TE + IK '. . �jRw Of ,F v. s f4AVir. y a 1 A �� � '�� ° .•, ,V - s v�`� - � "+f �- M p ��'+.,, -/K:' �C� tet` §` r j •�` 1 Yf k f � A � �E •� jj�'� �' { r a ,w lo me ri • 4. i AND w a � #�• < k n r., max, s e y 141 w � ry; � c JUN 3 0 2015 a x r$� � a z aµ ry i � � r SEACOAST CONSTRUCTION, INC. P.U. Boz 893 Sayville, NY 11782 www.seacoastdocks.com Christopher M. Gentry Phone: (631) 472-7616 Supervisor Fax: (631) 472-7618 January 10, 201$ Ellen F. Emery 5925 Nassau Point Road Cutchogue, NY 11935 STATE OF NEW YORK, COUNTY OF SUFFOLK, ss: JUN 3 0 2015 CHRISTOPHER M. GENTRY,being duly sworn, deposes and says: ti C C ,.-vrjv ..._. I I am the Supervisor of the contractor, Seacoast Construction, Inc., who performed the work at- the tthe property of Ellen F. Emery during 2013. 1 am making this report in affidavit form in the event that I will not be able to attend the public hearing of the Board of Trustees to obtain an"as built" permit for the work constructed by Seacoast Construction, Inc. and for approval to install a drainage system and observation deck at the top of the bluff on Ellen Emery's property. CONSTRUCTION REPORT OF EMERY PROPERTY DAMAGED BY HURRICANE SANDY OVERVIEW: Original bulkhead failed, secondary retaining wall failed, battering and fracturing backside of original bulkhead. Beach stairs became undermined and failed. Observation decks became undermined and subsequently failed. Later inspection revealed that tidal surge was over six feet above existing bulkhead at time of storm. Further tidal scouring occurred after the storm until the new bulkhead was installed. CONSTRUCTION: Work was commenced on April 17, 2013. Initially debris was barged out at flood tides, and the bulkhead was constructed per plan. Due to prior water penetration landward of the bulkhead, difficulty was incurred in placing the deadmen to support the bulkhead so that the work had to be staged and clean fill had to be brought in at this time to raise the level of the soil landward of the bulkhead in order to properly install an anchored deadman system. As stated,this took additional time and effort to properly secure the bulkhead. Upon completion of the work on the bulkhead wall at the shoreline, the construction of the retaining wall was started. This work also had to be staged because during the construction large 1 amounts of soil kept eroding from the bank, making installation very difficult. In fact, on two occasions,when machines were left on the job overnight where the work was being performed, they were semi-buried with sand eroding from the upper portions of the bluff. Also during the construction of this retaining wall,the remaining portion of the stairs and landing observation deck fully collapsed and were destroyed. It was during the replacement of this first retaining wall that an additional permit for two additional retaining walls was received from the Trustees. However,before this first retaining wall was completed, it became impossible due to the severe erosion from the top of the bluff to install the two additional retaining walls in their proposed locations. Tension cracks were identified in the backyard area near the north and south corners of the house foundation. Fresh cracks were also seen in the foundation, and the owner,Ellen Emery, stated she felt the house settle under her feet. I became very concerned that we would momentarily loose the top of the bluff and there would be serious erosion in the backyard, so on an emergency basis, I had the engineer,Daniel Seligmann, P.E.,come out and inspect the bluff immediately. At the crest of the blur there was a vertical drop of approximately 20 feet and the erosion was continuous, scouring out underneath the crest of the bluff and completely burying the first retaining wall. It was obvious that the erosion was continuous, and Daniel Seligmann, upon inspection, requested that I quickly and carefully install a vinyl retaining wall 10 feet landward of the existing crest of the bluff. The purpose, as he explained, was to stop the possibility of the continual erosion moving towards the house and the rear yard. The engineer wanted to immediately stop any further compromise of the house foundation. Under his instructions, I immediately installed this retaining wall. To avoid vibration, I augured in the face posts, which were 8"by 16', and immediately backfilled the area. The framing and vinyl sheathing was installed,together with a backing system consisting of 3/a" by 20' tie rods, connected to a hand-dug, lay log pinned deadman system. Daniel Seligmann, on the completion of this upper retaining wall, again inspected the site where the vertical face of the slope was continuing to erode, so he recommended that another retaining wall be installed midway between the lower retaining wall and the crest of the bluff, Locating this last retaining wall in this location would minimize the unanchored distance down the slope, thereby reducing what is referred to as a soil wedge between the crest of the slope and this retaining wall. This 100' retaining wall was immediately installed using 20' piles, 16' batter piles, and 14' sheet piles. In order to anchor everything properly,ten-ton Helicals, 6' on center, were drilled into the ground. Because there was no soil on either side of this retaining wall when construction was commenced, fill was brought in on a staged basis as the retaining wall was built. At various stages during the retaining wall construction, three sets of stairs were erected to accommodate the angles on the bluff so the stairs would not be too steep.- The stairs were connected by two platforms which were constructed and anchored to the retaining walls for additional support_ Due to the property's orientation in relationship to Peconic Bay, it was recommended to install DEC approved vinyl flow-through steps parallel to the b ead-so that it would be minimally subjected to the tides and extreme northeast winds thatilthsarea.iAiso installed on the top of the bulkhead was flow-through grating. 2 „ r / JUN 3 0 2015 EX•F Jute erosion control matting was installed and anchored down to the retaining walls to prevent wind erosion. In the spring of 2014, landscapers will install various indigenous plants through this matting,which will ultimately protect the soil on the bluff from wind erosion. Because the house foundation had been compromised,the engineer determined on investigation that this settlement was caused by the rapid collapse of the bluff. He recommended that the northeast and southeast corners and the easterly foundation wall be underpinned. He designed a system of Helical piles for this work and a building permit was obtained from the Southold Town Building Department. I am attaching a copy of the building permit hereto. Also, to prevent any further settling of the house, I requested the engineer to design a drainage system, which was done, and I am attaching a copy of it herewith for approval from the Board of Trustees. Due to the difficulties encountered in the construction of the retaining walls and stairs on the bluff, it was deemed not feasible to build any observation decks as existed previously. The engineer recommended that a 200 square foot observation deck be placed in the rear yard area 10' back from the crest of the bluff and this plan is being attached hereto for approval by the Board of Trustees. If there are any further questions as to the work that was done to restore the bluff:and to protect Ellen Emery's house, do not hesitate to contact me at any time. Respectfully submitted Christopher Gentry Supervisor Sworn to befo me this 1 Vday of January, 2014 Rqp�LARK IV;Mt 1Nwyft Lary Public ff Attached to this report are the following items: Item#1: Report of Daniel Seligmann, P.E.,December 12, 2013, "Inspection of Bluff, Erosion Repairs and Erosion Protection, new retaining walls, as built drawings and details, drainage plan and recommendations", with the following attachments: A. Plan: As Built Retaining Walls,Drawing#101, 12-12-13; B. Plan: As Built Retaining Wall Details, Drawing#102, 12-12-13; C. Plan: Drainage Plan,Drawing DP-1, 11-27-13. D. Plan: Proposed Deck Details, Drawing#D-1, 1-8-14. Item#2: Report of Daniel Seligmann,P.E.,November 15, 2013, "Inspection of House Foundation." Item#3: Building Permit#38536, issued by So dTown=Building Department, kz11-27-13. 1 JUN 3 0 2015 Dan Seligmann, _ 24 Cherry Lane,Huntington,NY 11743 631423-2544 908400,3580 Cell 2013-001 December 12, 2013 CLIENT: Seacoast Constriction PO Box 893 Sayville,NY 11782 Lark and Folts Attorneys at Law 28785 Maul Road Cutchogue,NY 11935 REFERENCE: Ellen Emery Residence 5925 Nassau Point Southold,NY SUBJECT: Inspection of Bluff Erosion,Repairs and Erosion Protection,new retaining walls,as built drawings and details, Drainage plan and recommendations INSPECTION DATE: July 20,2013,August 26, 2013, October 20,2013 JUN ,* 3 0 2015 j ~ otic 077045 (�¢ -.. _ tai{n-T'rrl= OFN 1 Performed field inspection ofRetaining walls,bulkhead and evaluate the slope stability of existing bluf E Review drainage requirements on top of bluff as it effects the existing home.All work was performed by Seacoast Construction Inc. AVAILABLE RURN&TION The following information was provided: A. 3`d Application filed January 30,2013 B. Authorization dated February 20,2013 for Permit#8049 C. Seacoast Construction Plans dated February 12,2013 stamped"Approved"on February 20,2013. D. 4h Application,filed May 28,2013 E. Authorization dated June 19,2013 for Permit#8222 F. Seacoast Constriction plans received on May 28,2013 stamped"Approved"on June 19, 2013. Reference Documents: G. 1+Application filed August 11,2011 H. Authorization dated September 21,2011 for Permit#7652 I. Site Plan provided by Ned Harroun received on December 29,2011 stamped"Approved" on January 11,2012. J. tad Application filed December 23,2011 K. Authorization dated January 18,2012 for permit#7706. L. Site Plan prepared by Ned Hanroun,last dated January 12,2012 stamped"Approved"on January 18,2012. M. Survey of Ellen Emery Property dated 5-14-2013 revised 10-23-2013 and 11-20-2013. DRAVi►II�1GS: • As Built Retaining Walls Sheet 101 & 102 Dated 12-12.2013 + Drainage Plan Drawing DP-1 Dated 11-27-2013 JUN 3 0 2015 P 2 BACKGROUND: The property overlooks little Peconic Bay facing northeast on a bluff approximately 50 feet above the water and 81 feet back of the high water mark.A bulkhead at the beach ran the length of the property north to south.A retaining wall was behind the bulkhead all apparently constructed in 1969.Due to a super storm Sandy and a subsequent Nor'Easter the existing bulkhead wall had failed cawing the slope to collapse taking down the existing stair way to the beach and bulkhead. The retaining wall above failed removing the toe stability of the slope causing massive failure of the slope and erosion of the existing hillside. DISCUSSION: Retalnine Walla: - An initial permit,#8049 was obtained February 20,2013 to reconstruct the collapsed beach bulkhead,retaining wall and beach stairs.During the construction of the initial permitted walls it was observed that the slope of the bluff had severely eroded requiring stabilization with additional retaining wails.A second permit was applied for and granted;#8222,to construct an intermediate wall and a wall approximately 3-4 feet below the top of the bluff to prevent further erosion and loss of ground at the top of the slope. - During the July 20,2013 inspection the bulkhead wall at the beach had been rebuilt with a new timber pile and vinyl sheet pile wall,tied back to timber pile dead men.The second timber pile, timber sheeting wall with batter piles and soil anchors was being constructed to stabilize the slope. Further up the bluff the erosion of the slope was such that the existing ground slope above the wall was approximately vertical sloping to about a 70 degree slope(See Photo 1).The sand face above the wall was seen eroding during the site visit.At the top of the slope there was an existing horizontal 6x6 timber retaining wall which was protecting the top of slope(see photo 3).As seen in photo's 2 thru 4 the top of slope has eroded to a vertical drop approximately 20 feet to the toe with no slope protection afforded by the existing 6x6 timber wall.The recommendation was made that a new timber pile and vinyl sheet pile wall be constructed approximately 10 feet back of the existing bluff eroded edge. The permit allowed construction of this wall below the bluff. Due to the severe erosion of the slope it would not have been feasible to construct this wall at that location(Photo#1).The near vertical face of the slope precluded a retaining wall from being built at that location.The toe of the wall would not have been anchored.Furthermore the bluff was continuing to erode and immediate stabilization was requinecL X was advised that the constriction crew had observed"cracks"in the ground in front of the house radiating out from the north and south corner.These are known as tension cracks and are indicative of movement of the slope.By placing the wall where it is will help to anchor the top of the slope and prevent future erosion.No further evidence of tension cracks were'observed after the installation of the sheet pile wall at the top of the slope on subsequent visits.Cracks in the foundation of the home were also observed. These are discussed in a separate report with recommendations dated November 15,2013. At the August 26,2013 visit wall number two had been completed and backfilled and the wall at the top of slope had also been installed.It was noted that between the time of the two visits significant severe erosion and evulsions had occurred at the top of slope completely undermining the existing timber 6x6 retaining wall and undermined the existing edge(Photo 2 and 4).The ground slopes at an almost vertical incline between the two retaining walls.The recommendation was made that the third wall approved in the permit#8222 should be installed halfway between the top of the bluff and the mid bluff retaining wall shown on the approved drawings submitted 3 JUN 3 0 2015 "� � 1 with the permit.The location of the retaining wall minimizes the unanchored distance down the slope reducing the soil wedge between the top of slope and this retaining wall and reduces the slip surface of the soil(Photo#5). The slopes of the bluff have been backfilled with approximately 1800 cubic yards of sand fill to bring the slope back to a more natural angle of repose of 60 degrees.The lower retaining wall was buried to maintain the 60 degree slope and prevent future erosion.Jute matting was placed on the slope to prevent erosion.After the new fill settles,indigenous plantings will be established to protect the slope(Photo#6)such as American Beach Grass,Rugusa Rose, Shadbash,Beach Death,Etc. i The original stairs that were built in 1%9 and rebuilt in 1993 and 2011 were constructed using lightweight materials that were not sufficiently embedded or anchored to the slope.As seen ager Super storm Sandy the footings were hanging in the air not having been properly embedded.The previous stairs were a straight run with two small landings as observation areas. The new stairs that were permitted were installed using 8"timber pile supports and heavy marine grade timbers.The intermediate landings were,located to suit the geometry of the stairs and so they could be anchored into the retaining walls.The location of the second landing was not determined until the intermediate retaining wall had been installed.The established rise and run dimensions of the stair treads and the need to have the bottom of the stairs land before the bulkhead determined the length of the stair run.That and the need to anchor the retaining wall to the stair structure dictated the location of the stairs and landings.This helps to support the stair structure(Photo#7)and prevent it from being damaged or destroyed in a future storm event. The previous stair structure that went down to the beach from the bulkhead was built perpendicular to the bulkhead.This was totally destroyed due to the tide and wave action created during Super storm Sandy.To make the stair structure less subjective to the wind and tide it was built parallel to the bulkhead.This allows the structure to present a smaller profile to the elements and is more conventional way to build such a structure(Photo#8). To replace the viewing area lost when the stairs were rebuilt a 200 square foot deck at the top of Ow stairs is proposed(See Plan Sheet 101). Drginaegj A new drainage plan was developed to handle runoff water on the property(See drawing DP-1). The property slopes from east to west away from the bluff.To keep runoff from infiltrating the house a drainage Swale is recommended that wilt take runoff and lead it around to the front of the house from the south to a drywell at the driveway with a grate to catch runoff coming from the driveway.The gutters will drain to the drywell as well.The ground around the house should be sloped away toward the swale on the east and south side of the house. On the northwest side of the house ground should be,re-graded away from the home. l itted,ann '' JUN 3 0 2015 Engineer NY b 4 1F i 't Photo No. 1 �Ib f�a 1 w' A Y '3f Photo No. 2 5 JUN 3 0 2015 lei J Iiiiil)r AV;APAML Y�_,S x.14 t�� ..� ` •�� + i �•,� • *' � �° ��e"'" �' "` � .�►� � tel' y #' .'f JUN 3 0 2015 a G Photo No. 5 9g °ra , i "° On""M Edi Photo No. 6 z ii 1J JUN 3 0 2015 J 7 _ .« Photo No. 7 SNI t WNW Photo No JUN 3 0 2015 N oteS: All work done in accordance with all applicable state and local codes. Drawings based on Surveys provided by John C. Ehlers dated 05-14-201 3 and 51te visits July 20, August 2G and October 30,201 3. Material$: Timber piles - ASTM Cla55 B 2.5 CCA Treatment Structural Timber - SYP Marine Grade 2.5 CCA Treatment Bolts, rods etc. ASTM 307 Hardware - All hardware hot dipped galvanized Railings - SY' Min No. I Grade Vinyl Sheeting - Shoreguard 425 and G50 by CMI L Decking and Stair treads -Tlmbertech Compo5lte Decking U � g N g a 61u � U E A G c 51ope Coveredm Jute Matting be Planted `� with�nd�g�nous ground cover u d m c ag n $ rt'ocat of new deck foroaccess 1 d5 $ m hon v C ; ppp Gnttgf�f 9 , V. U _ oom f-dmg ,x 75 sq ft ,O �ndmg g5 54 It ; � Yrs r.ee 4 ft(TYP) 5tau5 shown schemadcafly for Clarity v ff � N �T \ JUN 3 0 2015 10 0 10 20 Partial Plan Graphic Scale Eng(neer: Contractor: Rev 1 . 0 1-08-14 Dan Seligmann PE Seacoast Construction Ellen Emery Residence 5UALE DppW,ND ND LIG: 077043 Sayville, NY 5925 Nosscu Point Rood Cutchogue,-NY „935 AS Built Retaining Walls A SOW101 S DATE I2-I2-I3 CH'ND BY DATE _ -011 311-211 1 x5 Composite decking (fYP) 2x 12 Joists 1G"-OC—,— by Timbertech 3x 1 2 Stair runner (4/stair) 1/2" Dock Bclt5,Nuts 8" Rise, I I" Run �Washers (fYP) Toe Board 2x8 Rad Cap 28'-011 - - - 2xG Rads _m 8"Timber Pile (TYP) x 2xG Timber Cleat PYP) 52'-1 O" ° 21- Q - Dimensions are aroximate 5ee survey for e02 dimensions 4' Stair Treads -Section and Details RP FGrating FRP Grating Scale: 1/4"= 1 i-0" Profile scale: 1/5'= I'-0" FRP Grating 2, 1 2" Class B Timber Pile Min Z01 12"Class B Timber Pile ` 25 ft long 20 ft long Existing Picket Fence G"x8"Timber Waler (IYP) 5horeguard 425 Vinyl 10" Class B Timber Pile 5heeting I G'long 3' 3/4" Galy. Dock Bolt, Nut t Washer 20 ft long G"x8"Timber Waler (TYP) 4' I O" Class B Timber 6"x8"Timber Wafer(lYP) Pile deadman I" Galv.Tie Rod, nuts t washers 3/4" Galy. Dock Bolt 2-G 5horeguard G50 Vinyl Sheeting Nut*Washer(Typ) 3/4" Galy. Dock Bolt 16' Long Nut Washer(Typ) I" Galy Rod H Anchor 8"-10" 3"x 10"TtG 5heeting 14' long 10"Class B Timber 3 Batter Pile I G ft longFQ rESSIO 1 UP v � SELI0, q. I�rj JUN 3 0 2015 Section A-A QN5 y��- 5ection B-B ection C-C Scale: 114"= I '-0" OF N Scale: 114"= I i-O" Scale: 1/411= 1 1 -01 1 Engineer: Contractor: Rev I . 01-08-14 Dan 5ehgmann PE Seacoast Construction Ellen Emery Residence KALE DRAWING ND. LIC: 077043 Sayville, NY 5925 Nassau Point Rood Cutchogue, NY 11935 A5 Built Retaining Wall Detalis AS 5HOWN MADE w p5 DATE 12-12-13 1 02 ` CH'KD BY DATE , I '30A.49 Lot 40 CS1 ��8°3620„� J r Pr4adem n Pmnr re,� `` __ IA 0 m rad,,BArak mo=m 8 3 �€-. c n vtrater�r. o m t 1 CP_ (\1/ to a DMrd `� c u ° Jute Mattin9l� � \ ri o on 51oQe D \\ @ V yc F 1 p Lot 4 I O 1 w dd D� � E � O D5 PJC OramP,Qeeed ra, P`Qe Z G ra 3 p• ` r,,na9 p3.6 8 R Da O=e-: Asphalt Driveway d1b11'�`d” d L— _ 5j6o36120 W LEGEND O O Runoff Direction b 294 51� ��— ' 4'PVC Perforated Dram Pipe Lot 42 Vra"P Filter Fakmc —i=r— 4'PVC Drain Pipe a 05 Downspout 30 O 30 GO Drainage Swale 5ectlon - pw Drywall Graphic 5cale wf Notes. �n ,Q Di.0 All work done m acrardance vnth all applicable state and - low.modes. SLIG1 � t � � �.,,_udated gs based on andsiuNys a s.t J by John C.ug Ehlers - data)OS-14-2013 and site writs July 20,August 26 and Ot.t,-30.2013 5QnnWers may bemstOed 6'below grade Gutter can dram into Frwch drain 6 drain sac is increased to 6'. I 1 JUN 3 0 2015 07704 OF N Dan Seligmann PE Seacoast Construction Ellen Einer Residence SCALE DRAWING ND LIC: 077043 Sayville, NY v Drainage Plan AS SHOWN 5925 Nassau Point Road Cutchogue, NY 11935 D P- NADE Far DS oniE I 1-27-13 \ DN•KD By DATE 1 r` 10' 2x8 Rall Cap 2xG Rails(Typ) I x5 Composite,deckincJ (TYP) 4 x4 Post(Typ) by Timbertech 2x 12 Joists I G"OC 3x 12 Stair runner(4/5tair) 8" Rise, I I" Run 32 A 30' 1/2" Dock Bolts,Nuts u t-Washers (TYP) 6"xG" Posts(fYP) Existing Sheeting wall Concrete Footing (fYP) Sectio�n .;A-A Scale: I/8"= 1 '-0". T-14' Deck Plan Deck framing Scale: I/811= II-O" Scale: 1-/8"= 1 '-0" Notes: All work done in accordance with all applicable state and local codes. 'et Materials: Structural Timber - SYP Pressure Treated Fi L Bolts, rods etc. ASTM 307 JUN 3 0 2015 hardware - All hardware hot dipped galvanized Railings - SYP Min No. I Grade 1 Decking and Stair treads - Timbertech Composite Decking Ellen Emery Residence SrALE NO 5925 Nassau Point Road Cutchogue, NY 11935 Proposed Deck Details A5 SHOWN D- 1 WDE B'[)SeMTE 1-8-14 _ CHIM BY CATE Dan Seligmann, 24 Cherry Lane, Huntington, NY 11743 631423-2544 908400.3580 Cell 2013-002 November 15,2013 CLIENT: Seacoast Construction PO Box 893 Sayville,NY 11782 REFERENCE: Ellen Emery Residence 5925 Nassau Point Southold,NY SUBJECT: Inspection of house foundation INSPECTION DATE: October 30,2013 and November 9,2013 JUN 3 0 2015 0 045 OF N 1 SUBJECT: Performed field inspection of house foundation and recommend repair schemes for cracking of foundation elements BACKGROUND: The property overlooks Little Peconic Bay facing northeast on a bluff approximately 55 feet above the water and 81 feet back.A bulkhead along the beach runs the length of the property north to south.Due to a super storm Sandy and a subsequent Nor'Easter the existing bulkhead wall had failed causing the slope to collapse taking down the existing stairway to the beach and bulkhead. The retaining wall failed removing the toe stability of the slope causing massive failure of the slope and erosion of the existing hillside. The one story home is approximately 34 feet from the retaining wall and 43 feet from the bluff. The home is wood construction with a cinderblock foundation. There is an entrance on the east side of the house that exits onto a small stoop with one step down to grade. The basement level is at grade on the northwest side of the home at the two car garage. The north side of the house slopes down to the garage. The south west side of the house slopes up toward the main level of the house. The property generally slopes down to the street. DISCUSSION: You advised that during the reconstruction of the bulkheads and retaining walls tension cracks in the soil were observed at the north east corner of the house and radiated out from the comer. Cracks were also observed perpendicular to the east wall of the house running approximately 30 feet east from the house approximately halfway along the foundation form north to south. You advised these.cracks were approximately 1-2 inches wide. At your request an inspection of the basement walls and foundation was made to determine if any settling may have occurred due to the failure of the slope and massive erosion of the bluff. The review of the construction indicates the foundation may have been expanded from its original size or it was constructed of different elements.The southeastern quadrant of the foundation is raised approximately 2 feet above the garage floor.This area is approximately 15 feet by 30 feet and is approximately half of the width of the structure. The western side is raised approximately 14" above the garage floor. This area coincides with a change in the width of the cinder blocks from 8"to 10"wide. This transition occurs approximately 30 feet from the south end of the structure(See plan of foundation SK-1). There is a stoop outside the east side of the home that was observed to be separated from the foundation wall approximately %2". Photo 1. 2 J' JUN 3 0 2015 � X Iran -7- The north side of the property slopes down from east to west to the garage level. There is a roof drain at the comer of the garage that has a disconnected pipe into the ground allowing the water to flow into the corner.Photo 8. There are numerous cracks that were observed in the foundation walls. There was one crack in the garage floor at the northwest comer of the structure. The foundation walls show cracks at various locations shown on sketch SK-1.They are summarized as follows: Last Wall: • At NE comer the block is rotated outward and joints are cracked for 3 courses. There is a gap between window and blocks.Photo 2 and 3. • Approximately 19 feet south the joints are cracked for 5 courses. Photo 4. • Approximately 32 feet south at the joint where the 10"and 8"block meet there is a vertical crack along the 8"blocks.Photo 5. • Approximately 5 feet north of the southeast comer there are hairline cracks for 3 to 5 courses from the top. • Approximately 2 feet north of comer inset joint is cracked for 1 course. South Wall: • Approximately 9 feet west of the comer hairline cracks at the joints four,courses from the top. West wall: • Approximately 34 feet north the wall is cracked near the fuel tank near the transition from the 8"cinder block to the 10"cinder block wall. Photo 6 and Photo 7. North Wall: • Approximately 8 feet east of the corner the wall is cracked at the window for 6 courses. COMMENTS: It would appear the cracks along the east walls were caused by settlement or shifting of the soil east of the home due to the collapse of the bluff. This would be confirmed by the observance of the tension cracks'on the east side of the house along the bluff.This is consistent with a slope stability failure caused by the erosion of the bluff. The joint where the two sizes of cinder blocks creates a weak point in the foundation walls. See detail Ion SK-1.This is shown by the cracks exhibited at those locations.The extent of the footings is unknown. I recommend some,test pits be dug to expose the footings to see the size and depth.This should be done at several points along the foundation specifically at the 10"block walls; 8"block'Wallfta transitim-betmen the cinder block sizes and at the raised floor area. 3 '� JUN 3 0 2015 The settlement at the northwest side of the foundation is likely caused by water pooling and draining into the corner of the foundation at the garage door undermining the footing.. The bluff has been stabilized so no further erosion is expected.The extent of the soil stability cannot be determined but if the foundation was undermined differential settlement could cause potential additional settlement over time. To prevent possible continued settlement and cracking of the foundation I would recommend underpinning the foundation along the north and east wall.The west wall north of the transition between the 8"and 10 block at the fuel tank should also be underpinned. Helical piles should be used since they can be installed with minimum impact to the foundation. They can be'installed inside the basement. I would recommend using a minimum 10"4V double flight helix at S foot spacing with a developed capacity of 10 tons per pile.The minimum depth should be 15 feet below the foundation. A foundation bracket bolted to the footing should be used. The brackets should be preloaded to transfer the load from the foundation to the pile. Care should be taken in the installation at the location where the basement floor steps up. The cinder block walls at the north east corner should be removed and reset. I recommend replacing the basement window since it is not in good condition and has separated from the cinder block. Care should be taken not to remove more than two blocks at a time or provide temporary support from the wooden sill plate above. The cracks along the foundation can be repaired in several ways. The simplest method would be to seal the hairline cracks with an injectable epoxy sealer suitable for masonry walls from both sides. Larger cracks can be repaired by removing the mortar and replacing the mortar joints. Since the bluff has been stabilized it is unlikely the stoop will settle further. One or two low capacity helical piles can be installed if needed. A new drainage scheme should be developed for the property. The water from the back yard should be directed toward the'street using a French drain and swale with piping to a drywell in the driveway. All of the gutter downspouts should be connected to the drainage sys em as well. Res Submitted, ligmann JUN 3 pF.� essional Engineer NY .f 2015 4 'x Fn z PHOTOS: 5 f 3 i,d Z IIj } n 4 Photo 1 177 b i r k JUN 3 0 2015 ` 5 Photo 2 Photo 3 JUN 3 0 2015 6 p @ 'Photo 4 2 � "AlY , 5 E� 2' Photo 5 JUN 3 0 2015 J 7 s„ y'r � y {a 3 Photo 6 1� JUN 3 0 2015 Photo 7 8 t' 1� i Photo 8 L. -- JUN 3 0 2015 9 ' TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, NY BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 38536 Date: 11127/2013 Permission is hereby granted to: Emery Ellen F 1999 Rev Tr 121 Somerset Ave Garden City, NY 11530 To: Foundation repairs as applied for. At premises located at: - ~ ` 5925 Nassau Point Rd, Cutchogue SCTM #473889 SeclBlocklLot# 111.-13-6 Pursuant to application dated 11/25/2013 and approved by the Building Inspector. To expire on 512912015. Fees: SINGLE FAMILY DWELLING-ADDITION OR ALTERATION $200.00 CO-ALTERATION TO DWELLING $50.00 -- Total: $250.00 JUN 302015 uildi sector - - 4, 417R H "3 - SEACOAST CONSTRUCTION, INC. P.O. Box 893 Sayville, NY 11782 www.seacoastdocks.com Christopher M. Gentry Phone (631) 472-7616 Supervisor Fax (631) 472-7618 November 23,2013 PROPOSAL. Ms.Ellen F.Emery 5925 Nassau Point Road Cutchogue, NY 11935 2F'� (516)7464038 JUN 3 0 2015 FOUNDATION UNDERPINNING Upon inspection of dwelling,it was observed that there is soil shifting underneath foundation of house.Several areas of foundation on East side have shifting blocks and cracks. The Northeast comer of basement has rotation leaning of upper wall(1/2"out of plumb). West wall has shifting cracks. SCOPE OF WORK Saw cut and remove concrete in basement areas.Excavate areas. Install Helical Piles. Install new concrete.Install steel plating in Northeast corner. CONSTRUCTION: "HELICAL PILES" Twenty Two 1 V2"x 10"x 12"x 21'-26'.Helical Piles will be installed along walls of dwelling. Foundation brackets will be installed at top of Helical Piles to pre load foundation bearing to pile bearing.Developed capacity of 10 tons per pile. CONSTRUCTION: "FAILING CONCRETE BLOCKS" Northeast corner of dwelling will be raised. Cinder blocks will be reset,repointed.Basement window area will be rebuilt. Window will be replaced. Raising of dwelling will be done in two lift points,with hydraulically operated system.A 24"x 24"x 36"x 5/16" steel plate will be installed on inside 90 degree corner. CONSTRUCTION: "CRACK REPAIR" Middle of East wall was shifting. Repair in this area will be done by repointing and sealing cracked areas. Larger shifting cracks will be grinded out and filled with hydraulic cement. CONSTRUCTION: "STOOP UNDERPINNING" Two 10 ton helical Piles will be installed under offshore end of stoop.Area will be jack loaded. CONSTRUCTION: " CONCRETE INSTALLATION" Saw cut areas will be plate tamped and filled with fiber reinforced concrete 4000 PSI.Upon completion of helical installation. CONSTRUCTION: "BLOCK WALL" Interior block walls will be etched and sealed with waterproofing. NOTE: This proposal includes New York State stamped Engineers Plans. NOTE: This proposal includes full Town and State Permits. ri -; JUN 3 0 2015 I • X /Trn3 5U RVEY Of LOT "MAP OF PROPOSED SUBDIVISION SECTION A, NASSAU POINT CLUB PROPERTIES INC., N SITUATED ON NASSAU POINT, SUFFOLK COUNTY, NEW YORK. SAID LOT ALSO SHOWN ON"AMENDED MAP A, NASSAU POINT", FILED IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY ON 8-I G-22 AS MAP NO. 15G e SITUATE: CUTCHOGUE W E TOWN: SOUTHOLD SUFFOLK COUNTY, NY S SURVEYED 05-14-2013 REVISED 10-23-2013, 1 1-20-20 13 SUFFOLK COUNTY TAX# 1000- I I I - 13 - G CERTIFIED TO: �o .40 � ELLEN EMERY 0 1 1 0 PROPERTY ADDRESS 30'4 `4 1 0 5925 NASSAU POINT ROAD fetA e 0,5 5 CUTCHOGUE, NEW YORK 11935k sof_ CLEP OF P�OQ�RT(1IIdE c M W 1711 1 OII� WA o v C � fZ1 8o'J 6 2 L1L 150A + STOOP z 4 ��[1 O O x" OO O -1 L1L l3oX CIO 03 O 5.6 -------- O 1.1�•$ LANDING5 M MM �� FRAPhE fRAPAE STAIRS Q 5T Of = 0 c o -- ------------------- c co / 31 3 v ------ A5PHALT DRJVEWAY 9- - 9y t O O' G12W o11 . v b 11 JUN 3 0 2015 NOTES: BURIED RETAING WALL LOCATION PROVIDED BY CONTRACTOR --- - 'Unou lhorized alteration or additlon to a survey :fl a_{;ilJ:�,,C mop bearing o licensed land surveyor's seal Is a NOTES: :-_. ___, _ x �i OF NE / violation of section 7209.sub-dlvlsion 2, of thg JOHN C . E H LE R5 LAND S U RV EYO f New York State land surveyor's Law ® MONUMENT FOUND G.ENS `� "only copies from the original of this survey o WOOD FENCE LQO� �/� sla pedsealisholl beiclnal of onsideredeto be wild true copies- Area ople9Area = 30,379 Sol. ft. survey was prepared in accordance with the ex- Area = 0.2974 Acres G EAST MAIN STREET L "Certifications'Insting hereon signify that this N.Y.S. LIC. NO. 50202 7� sling Code of Practice for Land Surveys adopted GRAPHIC SCALE I "= 30' 369-8288 Fax 369-8287 I by the e p York State Association sun of prafepared, RIVERHEAD, N.Y. 1190 I t Lend Surveyors. Said titlecertificationscompany, shall run only Q' to the person for whom itis survey is prepared, </ Q and on his behalf to the title company,governmen- rtt A� `'-L tal agency and lending Institution listed hereon,and Ionglslandland5urveyor.com ``"✓Sin 5Q `�yw to the ossignees of the lending institution Certifica- C Vj• lions ore not transferable to additional institutions B Jd of TrUat:ees Application i County of Suffolk i State of New York ELLEN F. EMERY (Trustee) BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S)AND THAT ALUSTATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF4RS/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. Signature of Prdperty weer Ellen F. Emery (Trustee) SWORN TO BEFORE ME THIS 10th DAY OF January .12014 otary Public 4` JUN 3 0 2015 n , 4 i � - 1 h. s 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing 1 E Part I-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. I- Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part I-Project and Sponsor Information I Ellen F. Emery (Trustee of theEllenF,. Emery 1999 Revocable Trust) Name of Action or Project: Ellen F. Emery Residence Project Location(describe,and attach a location matt 5925 Nassau Point Road, Cutchogue, New York (SCTM #1000-111-13-6) Brief Description of Proposed Action: Wetlands Permit approval for: (a) "as built" restoration of'bluff destroyed by Superstorm Sandy; (b) upland drainage plan; (c) 200 sq. ft. observation deck 10' landward from crest of bluff; all-in accordance with attached plans prepared by Daniel--S-el-igmann;--P WE.W- — (SEE ATTACHED PROJECT DESCRIPTION) Name of Applicant or Sponsor: Telephone: (516) 746-4038 Ellen F. Emery E-Mail: Address: 121 Somerset Avenue City/P0: State: Zip Code: Garden City York 11530 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that El El may be affected in the municipality and proceed to Part 2. 1f no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: ® ❑ 3,a.Total acreage of the site of the proposed action? 3b,155 -aero* s ft. b.Total acreage to be physically disturbed? r 6,000 -fere* sq. f t. c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor`? 0 acres i 4. Check all land uses that occur on,adjoining and near the proposed action. E]Urban [I Rural(non-agriculture) ❑Industrial ❑Commercial b Residential(suburban) i ❑l:orest ©Agriculture ❑Aquatic ❑Other(specify): i ❑Parkland Page 1 of 4 -- i `9 JUN 3 0 2015 % , PROJECT DESCRIPTION FOR AMENDED WETLANDS PERMIT (CONTINUED) 100 ' timber pile vinyl sheet beach bulkhead; 80' timber - - - =pi-le- tongue-and-groove sheet retaining wall with two 81 -returns - -located -25' ± -landward of bulkhead; 80' mid-bluff timber pile tongue-and-groove- sheet retaining wall with two 8' returns located 55' ± landward of bulkhead; 85' timber pile vinyl sheet retaining wall with 12' return and 25' , return located 101 ± landward from top of bluff; 4' wide stairs supported by 8" timber pile posts with stair treads of Timbertech composite decking from top of bluff to top of bulkhead; 4' wide beach stairs parallel to bulkhead with fiberglass reinforced plastic treads; 1800 cubic yards clean fill spread evenly between retaining walls to replace lost bluff material; placement of erosion control jute matting on bluff. Rear-yard drainage system to direct roof rain and surface water away from house foundation and upland retaining wall by .____..,__.-.___._�.� `rovdn- :_a___draria :e_s_wale:_with`�4:'►-�PVC:: i e'W-to:W a--__dr_-well-ir�the-_�_=--:--_:__--' front-yard- area.- 200 rea._200 sq. ft. deck of Timbertech composite decking supported by 6" x 6" posts, located in rear yard 10' landward from the top of the bluff. JUN 3 0 2015 4 C.int:':,!"•r4;ty'yP CONTINUATION PAGE 4 PROJECT DESCRIPTION SHORT ENVIRONMENTAL ASSESSMENT FORM 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? ❑ Fil ❑ ] b.Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? ❑ ❑ l 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: X❑ ❑ S. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES • X ❑ �• b.Are public transportation service(s)available at or near the site of the proposed action? 0 ❑ c.Are arty pedestrian accommodations or bicycle routes available on or near site of the proposed action? X El 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: ® ❑ 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: ❑ ❑ i 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: ® ❑ i 12. a.Does the site contain a structure that is listed on either the Slate or National Register of Nstorie NO YES Places? ❑ ❑ b.Is the proposed action located in an archeological sensitive area? L❑-t X { 11a,Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES l wetlands or other waterbodies regulated by a federal,state or local agency? ❑ X b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? vl ❑ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: adjacent wetland is Peconic Bay 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ®Shoreline ❑Forest ❑Agrieultural/grasslands ❑Earlymid-successional ❑Wetland ❑Urban ❑Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? R-1 ❑ 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? ❑NO []YES L2J ❑ j " I b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NQ DYES Page 2 of 4 JUN 3 0 2015 !M • i 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES s s water or other liquids(e.g.retention pond,waste lagoon,dam)? _ If Yes,explain purpose and size: ❑ i i�• 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES I solid waste management facility? If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? IfYes,describe: ❑ I AMRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsorn en Em Date: January 10, 2014 Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Fart 2. Answer all of the.following questions In Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large Impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning ❑ regulations. 2. Will the proposed action result iti a change in the use or intensity of use of land? F ❑ 3. Will the proposed action impair the character or quality of the existing community? ❑ 4. Will the proposed action have an impact on the environmental characteristics that caused the X❑ ❑ establishment of a Critical Environmental Area(CEA)? j $. Will the proposed action result in an adverse change in the existing level oftraffic or ❑ 1 affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available eneMy conservation or renewable energy opportunities? El 7. Will the proposed action impact existing: a.public/private water supplies? b.public I private wastewater treatment utilities? ❑ 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? FX 1 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, F ❑ waterbodies,groundwater,air quality,flora and fauna)? . __. . - � � - �d!�R •qtr •• — Page 3 of 4r JUN 3 0 2015 No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human heahlr? Part 3-Determination of significance. 'line Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, i duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and ! cumulative impacts. i a a a Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts_ Town of Southold-Bowd of Trustees Name of Lead Agency Date President Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) * -ZIP - PRINT R PRINT Page 4 of 41 4r UUP! 0. 2015 � C. Town of Southold � 1 �t Erosion, Sedimentation & S#onn-Water Runt-off ASSESSMENT FORM f` PMPMTtr wcATIOR s FTILN THE AWI F�LLNO ACiWNS MAYItEQtJE1RL TIMsUBHIfS810N 0F A yl 1000 111 13 6 a ,_-ATS,ttitADrniioRAINAS EROSION -liar p� � -ER— mffrm1i;R BY A t7ESIQIE POROFE SI0 iN THE STATE OF MM TO—RIX I. SCOPE OF WORE. - PROPOSED CONSTRUCTION YI'EM# / WORK ASSMNWr =Yes No � a. What Is the Total Ares d the Project Pamela? 1 Will this Project Retain All Storm Water Rica-Off (Include Total Ame of all PancaPs located tvum 36,155 s q. Generated by a Two(27)Inch Rarer at eta? the Scope of Work for Proposed Cwtiftclion) (6.F.1Aaas) t MIS Item will include al run-oil created by site x ❑ b. What Is the Toil Area of Land Cleartng clearing andlor Constructim activilles as well as all andlor Ground DisUabance for#*pmposed 6,000 sq. Site improvements and the permanent creation of construcdon adivtty? Impervious aurfaom.) c8•F rwam.j�, 2 Does the Slte Man aWfor Survey Shaw All Proposed — PROVM'Z VIRM MtQjl=DESCRWnOi�1 atd.AddkettP�seaNe,ued) DraktageStructures indloWrrg Stt &Location?7M g Item shag Include Sit Proposed Grade ChelV a and Obtain wetlandspermit for complete SkpwControlling SurbiceWater Flow. — - - - 3 Does pie Sire Plant endior Sway dasoefha the erosion bluff restoration; wetlands permit and seftentcontrol preeftesthat vAlbeusWto % oonNld site erosion and storm water d1wharges. This for drainage plan; _wetlands �m�b6 maintained t)xaNhoutThe Entire - -- -- _ - Construction Pericd. ' deck construction 101 landward from 4 will tide Project Require any(.end Filling,Gni til or 6ccavedonwhom there Isacharge foftNatural % crest Of bluff all per plans of EldslingQmdeInvolving mmthan 200Cubic Yards Fi of Matsrial within any Parcel? Daniel Seligtnann, F.E. 5 Will this Application Require Land Disturbing Acdfvitles Encompss ng sin Area 4'I stows of Five Thousand (3,000 S.F.)Square Fest of Ground Surface? 18 Is there a Natural Water Course tWnn4tg through the Site? Is this Project wltl In the Trustees lurlsdictfon X oen l DEC SI ecus: or within one Hundred(100' feet of o Wetland or 8ebpe)wlan ore OWPPP Is neared for all Ooreebuctlon edea tnvaNkra sol Beech? ftburi ares orane(1)ormaa eae% 7 W1111here he Site preparation on E**V Grade Slopes are pant of e larger M won plan tnet vA d nA*dhhub one or mare sass ofland: wMch E)toevd FlfWw(iS)feet of verliwL to , X Indludhg Cornstr *WARN*W N Awdvlr a soildlak6ances of teas thenre p ay are whets One Hundred(100')d Horizontal 131slance? thalmhasdelemtnadthate> perefllarequiredforsbmtvaW4lechwgse, (ti5Yp8p'e$lnep meetths N1ptiwum ltege�irepterrta oftlre aPo>±s Gtnaet Parma 8 VY01 Driveways.Parking Areas orolfrer Impervious for storm WWW Ditabnes tram amstruetion aotmtgr.Permit no,GP41.111mj Surfaces be Sloped to D(rect Sterni-Mar PAm Off g 1.Tie SWPt P*Wl be prepaid pact to thesubmHW or the NOL The NO]zbg be Into endforin trte dtrvdion ofa Town right-0Fway17 antmRW to the Deperbnea prior to the int of amftwlon utivigr. Z Tito 6WPPP shell dlesefte the eroebn and sediment oordroi pra0m and where 9 Will this Pro jed Require the Placement of Matsdat, required.pookwohmuortatom watermaetagementpracUmtltatvvAlbeusedandfor Removal ofVegs4dIonendforthe Ocmudruc0ondany oonatu*d to adage the Wularb m dormweter dschmVas and to e=mItem Within lite Town Right-ofRoad 8hmrlder x oompalonoewilhthalan, mdwndnroaasrthlapermlf.rneddmmw,awaWPPPanae �e� y�aNQTinehfd�arliwhAbakodtkter�sy/iprarr) r —r klaregly poternttel emmo of polutton which mey reasonably be expected to alfict he quiOfa1OtrttrwbrcKworaea_ NOT& PAWAnewwteQueWowOmMmutabWin isAnxw4mdwOaCrreckMark III S.AllSWPPPatitolMgftgopolt40riftdi0rialonnwetermanagement prectkA In a Buzundthe eamtrue mtaftsd1atwbooeFsba"'.iy0WP*A1Acrmlnarea, -- r component sh®H bo prepared by a quW fled Deergn Profmlmal Llcerned in NewYoek a Southold rut Sire beau Dnrlatme!!t7osioa t7onbot Pkat 1.i Wy t odhv grn5 that is krinvedge"bt the Pdnclpies and practices of Sbwm 4vater maaeparn A 9outho[d Ch Nuel ba 9ubrn >'iier0araavenotn;J41y1apiWheyY pwo7E /iChadcltedc(j}areeihr R>rgiriiGr�nr(,3tdgt�dRiirioarfgrlfi $1AITOFNEWYORK, COUNTY OF.........SUFFOLK..._..........SS ELLEN F. EMERY (Trustee) i JUN 3 0 215 That 1................X�e'ar��i�elgrriiig """ '"""' being atuly r wr?rn,deposes and says 1>rplshe is the applicant or Permit, And that imfshe is fhe ........;QWW.C................... »....�.....,...., :::,.:.'.i.:a... ......... ., 'i'r,'iSonr�cior Aram;como�o oiitbo;otaj.. ... wners,and is duly authorized to pelfoun orhave mforrned the said vr� to r make and file this application;that all swanentts contained in ttois application are trate to the best of '6owledge and belief;and that the work will he performed in the mariner set forth in the application filed herewith. 61vorn to before me this: 10th January^.w ....^. Q0.14... 1 Notary PuWir"......... --_- _..�✓�.M . .....................a ........... ....._.... ... l Ellen F Emery tae Trust I FORM- 06110 � AIWAWDjz LiSI( �R�No1NrwYptc . Ma app. Cotltlilleatari AyB,gi,�' 0 J y __ - .. _ 4 i 3 L: ..:d of Truata®s ApplicatiOn AUTHOR 17ATION (where the applicant is not the owner) Ellen F. Emery (Trustee) residing at 121 Somerset Avenue, (print owner of property) (maifg address) Garden City, NY ' 11530 do hey authorize Richard F. Lark, Esq. or Mary Lou ( .t) Folts, Esq, of Lark & Folts, Esqs. to apply for pem it(s)fromthe Southold Board of Town Trustees on my behalf. (Owner's signature) Ellen F. Emery (Trustee) �1 JUN 3 t APPLICANT/AGENT/RR MENt4TIV'E TR.A NSACHONAL DISCWS(JIM FORM Zisc'T'own og3on! Id�2. s(lode 4f F ��cot�i!'Lrt�, _on dte p�;.4��p1 Q .T�prof - . lirist.�Stit�l�tlsia���l�BkRilhl=tnwr►ofooggs�dalbw� yactionie ; toavnid�ame. . YOMNAW EMERY: ELLEN-T. (Last name,fiistmmie.*04e hM udess you ars app ig-D of ane else or odxr ond%mulch as a oanVw .i f so,u►dtca ,Rodd 1 person's or company's tWno) NAME OF APPUCATtON:10io k allthat apply.) Ta Skvance BuiNing Yadx oc TnrM x Change of Zane Coastal Erosion Approval ofplat Mocriag Exesnptlon from plat or oTwW map Platming Other (lf"ONn",>taw6C activity.) 1 , Do you pemmUy(ortlpough your oompany.spouse,sMki&pmat or child)have a retadonsMp whit any offaeer or employes , offt Town of Sondwid? "ReLttonW includes by blood,nisu m or b11ebm honest."BuSl m i mom a{udaess, s including a pubasr WN In which rho town officer or employee has ema' pardd ownv tlp of(, r=ploywzt by)a eosporation in whichthe town officer or employee owns morathan 5%oftba stases. YES NO x I i Ifyou nswomd"YES",complete the balance of this form sad date and slgn whem iitdlcated. Nam of perspn-empbyed by the Town of Southold Tidaorposition ofdid peran Describe the reladonshrp between yowwff(the appiicantlagGntlrep ve)and the town officer or employee.Etcher chock the appmpiieft line A)through D)andbr desedbe hi tiro psovidA The town officer or ettipleyx or his orker spons4 sa'Mirtg:paratt,or db is(check au dkt applyft A)tho owner ofgm er than 5%ofthe shares ofthe eetponve stock ofthe applicmnt (when the vpiicent is aoorpmatiunx B)dte legal orbcwfEclel owns of pray intent in a non-carpondp sinal l(whiathe' L. 'applicant is not a co[pord!i* F - C)an offloac,direclgr,partnei,or anpioyee of d►e applicao�or - �>�_oppJUN* D)the actual licmtt. �U 3 0 2015 DESCRWnON OF RELATION" r , NONEi , Submitted Sigttawm PrirrtNarrte Forma TS 1 APPLICANT/AGENTIPMRESENTATM TRANSACnONAL DISCLOSURM FORM The Town ofMklir-a{ of Ma rnkm eonNlcts DUMMIstQ bf5eers and�pl this form ie to j9&*—M M which can alert the wvm of nesslblt orn�Ma 9f Md wm it to%b Wh�R h gy,13o{nr t�d _same. -- yOURNAME: LARK, RICHARD F. (Last name,first natnc,.�tiddle lnitiai,unless yais are applying the name of � someone else or olheramity,such as a cmutpaq.if so,indicate the.et W person's or company's nausta.) . _ NAM OF AMICATM: (Cheep elf that apply.) • Tax grlevancc Building Varianoc Tnratee R'. Change of Zobe Coastal Erosion Approval of prat Mooring Exemption Horn plat or official nup Plmming Other (lf"Other",name the activity.) Do you i>etsonally(or thmugi your company,tom,sibling.parent,or child)have a relationship with say officer or employee of the Town of Southold? "RelatiionsW includes by blood,rgarriage„or business interest."Business hiftreaR means a business, , inchiding a partnership,in which the town officer or employe has even a partial owomhlp of(or employment by)a corporation In which the town officer or employee owns more thea 5%of the shares. YES NO R • i Ifydu answered"YES",complete the balance of this form and flats and sign when indicated. Name of perspa empbyed by the Town of Southold 1 Title or position of that Pam -- Describe t'be relationship between yomself(rho applicantlagcu*epresw tativc)and the Om offwer or emgbyee.Either chock the appropriate Sine A)through D)and/or desmibe In the space provided. € The town officer or employee or his or her spouse,sibling.parent,or child Is(check all diet apply); , A)the owner of greater than 5%ofthe sbtares of the corporate stock of the Milk" (when the applicant is a eaporationr B) ft legal orbenaflelal owner of any h t mst In a non-corporate entity(wino the C. - x � ll ` u applicatrt I$not a OOrpoTatlon); - - - 4 - - - � - C)an of'fiee r,director,partnei,or employee,of the applicant;or a i D}the acdral applicant. � ;7�' f t� i JUN 3 0 2015 DESCRIPTION OF RELATIONSE P JqONE Submitted this 1 C th d of J uar Z0t 14 Signature . ' PrintNumB Richard F. UIrk Form'I'S I i APPLICAN VAGENTMPRESENTATWE TRANSACTIONAL DISCLOSURE FORM 'Town of3outhnld'sCadeofF4hi�gpmt 000fflas pfk&W=the,M of§QypA da2M Mjhj MWoLd �, Q m fl1+i�'�in_ferinattort wldclt cera alp#the mym of thl' tots ofilstcar�and a1�jS�1�1t4 whafievar actin . Veca=to avow same. YOURNAW: FOLTS, MARY LOU (Last name,first naint4gdddle initial,unless you=applying rd am name of soinc one else or other catity.such as a eommy.If so.indic*the-other person's oroampaq's name.) NAME OF APPLICATION: (Chock all that apply.) "Pax grl nw= Building Variance Trustee X�_� Chop of pone Coastal Erosion Approval ofplat MOM* Fatemtption Dom plat or official map Planning Other (]f"Other'',name fire activity.) Do you personally(or through your company.spouse,sibling,p=nk or child)have a w1atfonship with any of im or employee of the Town of Southold? pitelationslrip"includes by bland,mardem or business ikorest.%Business interests means abusiness„ ; - inciaicting a partaersltip,in which the town officer or employee has even s partial own*nWp of(or eruploymont by)a corparadon in which the town officer or ermploycc owns mare than 5%of the shares. i YES NO R ° • I Ifyou answered"YSS" complete ere balance of this form and date and sign wig indicated. • _ l Name of penton employed by the Town of Southold Title or position of that person Describe the relationship between yrnasclf(the applicantlagendrepresenta ive)and the town officer employee.Either edmk the appropriate line A)through D)andlor descr(be in the Wow prwMed. The town officer or employee or his or her spouse,sa'bling,patsettt,or child is(check ail tM apply): • *--o A)/th�r�eey o��wn{{e,��r of greater Wer►5%oaf ft abates of the corporate stock of the applic-pt ,, �6 V= F, Nleb the applicant:is a corporation); - � t� {.i.-y _'°i_ j �} k�r G.�i•` r� B) pz the legal or beneficial owaw of any i*rc i in a non-corporate armory(whar the 4•'r applicant is not a corpomd6n; l3 7 1} C)an officer,ditecmr,pai tnor,or employee of the applicent;or {� JUN 3 0 2015 D}the actual applicant. DESCP..W'ION OF RELATIONSHIP NONE ` i Submitted this/'day of Jpuarl, 2071 14 ' Sigrnagttre�,� .rl!'� T r PdntNwwXarY 'LcFd Foltr, Foran TS 1 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 's ' I. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold'Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a.determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this force.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-siQnifcant bene cial pA adverse effects upon the coastal which includes all of Southold Town, 3: 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- supeortm� If an action cannot be certified as consistent with the LWRP policy standards,and } conditions,it shall not be undertaken, i . A copy of the LWRP is available in the following places; online at the Town of Southold's website(southoldtown.nofthfork.uet),the Board of Trustees 4ffcce,the Pl114 Departinent,all , local libraries and the Town Clerk's office. _ - r B. . DESCRIPTION OF SITE AND PROPOSED ACTION 4 SCTM# 111 _ 13 6 1 j PROSECT NAME ELLEN ELLEN�F. EMERY RESIDENCE � JUN- 3 0 2015 ] f The Application has been submitted to(check appropriate response): ,a 4`n ,s',,,1 i Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees 1. Category of Town of Southold agency action.(check appropriate response): (a) Action undertaken directly by Town agency(e.g.capital El -construction,planning activity,agency regulation,land transaction) (b). Financial assistance(e.g,grant,loan,subsidy) 7 (c) Permit,approval,license,certification: a r Nature and extent of action: Permit approval for: as built" restoration of bluff destroyed by u Superstorm Sandy; upland drainage plan; observation deck 10' landward from crest of bluff; (SEE ATTACHED CONTINUATION PAGE) PROJECT DESCRIPTION FOR AMENDED WETLANDS PERMIT (CONTINUED) 100 ' timber pile vinyl sheet beach bulkhead; 80' timber pi--le -tongue-and-groove sheet retaining wall with two 8' returns located 25' ± ---landward of bulkhead; 80' mid-bluff timber pile tongue-and-groove sheet retaining wall with two 8' returns located 55' ± landward of bulkhead; 85' timber pile vinyl sheet retaining wall with 12' return and 25' return located 10' ± landward from top of bluff; 4' wide stairs supported by 8" timber pile posts with stair treads of Timbertech composite decking from top of bluff to top of bulkhead; 4' wide beach stairs parallel to bulkhead with fiberglass reinforced plastic treads; 1800 cubic yards clean fill spread evenly between retaining walls to replace lost bluff material; placement of erosion control jute matting on bluff. Rear-yard drainage system to direct roof rain and surface water away from house foundation and upland retaining wall by -provid-ing_`a=-_drai-riage:`s-wale--w'with--47 P_VC 'pipe to_Ja=dry_we11 ins the"� - �= =; __front-_yard area. 200 sq. ft. deck of Timbertech composite decking supported by 6" x 6" posts, located in rear yard 10' landward from the top of the bluff. ' JUN 3 0 2015 ti a ro CONTINUATION PAGE SECTION B-1 LWRP CONSISTENCY ASSESSMENT FORM i . i Location of action: 5925 Nassau Point Road, Cutchogue, New York j Site acreage: 6,000 sq. ft. f Present land use: one-family dwelling present zoning classification: R-40 (Residential Low Density) I 2. If an application for the proposed action has been filed with the Town of Southold agency, the following I_ information shall be provided: j (a) Name ofapplicant: ELLEN F. EMERY (Trustee of the Ellen F. Emery 1999 Revocable Trus •) i (b) Mailing address: 121 Somerset Avenue, Garden City, NY 11530 I' (c) Telephone number:Area Code{ ) (516) 746-4038 I� (d) Application number, if arty: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No El If yes,which state or federal agency? 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 farm be returned for completion. DEYEI.OM 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 infrastrncture,makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section M--Policies!Page 2 for evaluation criteria. ❑x Yes ❑ No ❑ Not Applicable Complete restoration-to protect bluff soil from eroding into Bay Attach addhional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of f-Sou-Ahold. LWRP Section III=Policies Pages 3 through 6 for evaluation criteria � • • �f t 4.��_�,;m��y',:�_.,�1..-tea_;( d;_,t^•u p '1 ❑ Yes ❑ No ❑ Not Applicable JUN 3 0 2015 Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Polictes Pages 6 through 7 for evaluation criteria ❑x Yes ❑ No ❑ Not Applicable Restoration has prevented future bluff erosion Attach additional sheets if necessary NA.TUM COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWltl' Section III—Policies Pages 8 through 16 for evaluation criteria x ❑ Yes ❑ No ❑ loot Applicable "as built" restoration has prevented erosion Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of.Southold. gee LWRP Section III —Policies Pages 16 through 21 for evaluation criteria ❑ Yes Q No ®Not Applicable I Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the-Tdwn of Sd6dold'eco`s"ystle"ms mciudiug Significant Coastal Fish and Wffdlife Habitats and wetlands. `L'WR��Sca�,ign�I`� � ;Pages 23 through 32 for evaluation criteria. -� !� JUN 3 0 2015 _ F Yes No Not Applicable prevent soil polution of Peconic Bay �• f Attach additional sheets ifnecessary Policy 7. protect and improve air quality in the Town of Southold. See LWRP Section III-- Policies Pages 32 through 34 for evaluation criteria. i ❑ Yes No[� Not Applicable Attach additional sheets if necessary Policy 8. A inimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies;Pages 34 through 38 for evaluatio criteria. ❑Yes ❑ No © Not Applicable PuBLic COAT POLICIES Policy 9. Provide for public access to, and recreational use of, coastal,waters?public-lands,•and public f resources of the Town of Southold. See LWRP Section M--Poli ;_Pages,38_throygh.46 fur-valuation criteria. jo f�{y i.� f r V ❑ YeF-1 No© Not Applicable JUN 3 0 2015 Attach additional sheets if necessary WORHING COAST POLICIES _ j • i Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section M—Policies; Pages 47 through 56 for evaluation criteria. I ❑Yes ❑ No I 0 Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Towns 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 L_ WRP Section III—Policies; Pages 62 through 65 for evaluation criteria. ❑Yes ❑ No E� Not Applicable Attach additional sheets if necessary •., .0 R •_ Policy 13. Promote appropriate use and development of energyPinel'xpsQtses. ' WRP Section IO--Policies;Pages 65 through 68 for evaluation criteria. E]Yes ❑ No 0 Not Applicable P;; t JUN 3 n Pnj; A Bir PREPARED BY Richard F.• Lark TITLE Attorney DATE 1/10/14 { James P.Hing,President �Q� r� Town HO A33MM Bob Gfhosi%Jr.,Vioe-PreaHent �� 54875 Main Road P.O.Box 11 79 Bmvn .1�. "! Soutbald,New York 11 11971-09b9 John Brakmeyer � J.Domino Telepimne{631}765.389 . - Fax c6313 765.8641 180A1€i,D OF TOWN TRU&MB f TOWN OF SOVTNOLD 30-YEAR MAINTENAI4CE AGREEMENT EROSION PROTECTION STRUCTURES CHAPTER 119-15 OF THE SOUTHOLD TOWN CODE I ELT Eg F RMutty (Trustee) The owners of record of property at. 5925 Nassau Point Road, Cutchogue, NY S01M#1000- 111.00-13.00-006.000 In applying for a Coastal Erosion Permit for an erosion protection structure do hereby agree to a 30-Year Maintenance program for a structure as described: John C. Ehlers Land Surveyor last_date 11-20-2013 as shown on the attached licensed survey/and/or site plan for the approved structure. It is my/our understanding that we are to maintain this stricture with materials designed to endure 30 years and/or equlvalent to the original approved structure.Any maintenance which involves rhore than 50%of the length of this structure requires approval of the Board of Trustees.We further understarid that failure to maintain the sthicture could result in a requirement to post a bond and/or have the repairs ordered as a lien against the property upon a finding by the Boa of Trustees that saV lack of maintenance would risk Iffe, property or important to auroffifeatupm Sworn to before me this Notifted Signature of ofter ot record 10th ay' f3� ar 014 ELLEN F. EKLFRY �Tnustee)_ , ldotary Public— RICH ARDFAAAK 482'600 B�DIt �; ' ;, des Aug,8f�ld)V s t' JUN 3 0 2015 This maintenance agreement shall only be valid upo�+the attechrrterit of_a licensed la d survey/and or site pian made within one year of the driginal consbrtictibmand validate to show the final approval of the administrator.