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Emery, Ellen F 1999 Rev. Trust
�O�*Of SOUriyOlO Town Hall Annex Michael J.Domino,President John M.Bredemeyer III,Vice-President 54375 Route 25 P.O.Box 1179 Glenn Goldsmith CA� Southold,New York 11971 A.Nicholas Krupski app Telephone(631) 765-1892 Greg Williams I�COU '� Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 1485C Date: July 3, 2018 THIS CERTIFIES that the as-built 100' longtimber mber pile vinyl sheet wall bulkhead; as-built 80' long timber pile tongue-and-groove retaining wall with two (2) 8' returns located+/-25' landward of bulkhead(buried); as-built 80' timber pile tongue-and-groove retaining wall with two (2) 8' returns located+/-55' landward of bulkhead; as-built 85' timber pile vinyl sheet retaining wall with 12' return on north side of propegy and 25' return on south side of property located 7 to 11 feet from top of bluff, as- built sets of stairs from top of bluff to beach consisting of a 4'x7' access platform to a 4'x28' set of stairs to a 55sq ft transition landing-area to a 4'x7' set of stairs to a 94sq ft transition landing area,to a 4'x17' set of stairs leading to a 4'x13' walkway to a 4'x10' set of stairs parallel to bulkhead to beach area; as- built+/-1,800 cubic yards of clean fill spread evenly between the bulkhead and all retaining walls to the top of bluff to replace lost bluff material,• as-built installation of jute matting for erosion control with plantings of American beach grass and other native environmental grasses; as-built installation of a drainage system to direct roof rain and surface water from the upland retaining wall and house foundation by providing a drainage swale with a 6" perforated pipe to drywells in front-yard area(which received previous approval of Southold Town Engineer); on the northerly property boundary: for the proposed extension of the top of bluff vinyl sheet pile retaining wall landward from top of the bluff 12' to the northerlyproperty line; extend the mid-bluff timber tongue-and-groove retaining wall 14' to the northerly properly line; construct along the northerly property line a 6'x6' timber pile lagged binwall stepped down the slope with 8"pile osts 10' long; place fill as necessary clear brush and remove overhanging vegetation at top of bluff to establish natural angle of repose; add+/-20 cubic yards of clean sand and re- grade as necessary cover with woven geotextile on re-graded area and plant with American beach grass and other native environmental grasses; on the southerly propeM line propose to: extend existing mid- bluff retaining wall approximate) 8�propegy line; increase height of retaining wall by 18"and reinforce with helical anchors; repair existing 6'x6' timber retaining wall as necessar�by replacing damaged waters and placing backfill in front of wall,• remove brush at top of retaining wall; re-grade by adding+/-10 cubic yards of clean sand and cover with woven geotextile on re-graded areas and plant with American beach grass and other native environmental grasses; with the condition that in the future when the decks associated with the platforms and stairs are replaced they would be brought into compliance with Chapter 275-11 of the Town Code-Wetlands and Shoreline Construction and Operation Standards A(6)(a)&(b); At 5925 Nassau Point Road, Cutchogue Suffolk County Tax Map#1000-111-13-6 Conforms to the Administrative Amendment dated May17,2017 to the Denial without Prejudice determination made on December 30, 2015, and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for the as-built 100' long timber pile vinyl sheet wall bulkhead; as-built 80' long timber pile tongue-and-groove retaining wall with two(2) 8' returns located +/-25' landward of bulkhead (buried); as-built 80' timber pile tongue-and-groove retaining wall with two (2) 8' returns located+/-55' landward of bulkhead; as-built 85' timber pile vinyl sheet retaining wall with 12' return on north side of property and 25' return on south side of property located 7 to 11 feet from top of bluff,• as-built sets of stairs from top of bluff to beach consisting of a 4'x7' access platform to a 4'x28' set of stairs to a 55sq ft transition landing area to a 4'x7' set of stairs to a 94sq.ft. transition landing area, to a 4'x17' set of stairs leading to a 4'x13' walkway,to a 4'x10' set of stairs parallel to bulkhead to beach area; as-built+/-1,800 cubic yards of clean fill spread evenly between the bulkhead and all retaining walls to the top of bluff to replace lost bluff material; as-built installation of jute matting for erosion control with plantings of American beach grass and other native environmental grasses; as-built installation of a drainage system to direct roof rain and surface water from the upland retaining wall and house foundation by providing a drainage swale with a 6"perforated pipe to drywells in front-yard area(which received previous approval of Southold Town Engineer); on the northerly property boundary: for the proposed extension of the top of bluff vinyl sheet pile retaining wall landward from top of the bluff 12' to the northerly property line; extend the mid-bluff timber tongue-and-groove retaining wall 14' to the northerly property line; construct along the northerly property line a 6'x6' timber pile lagged binwall stepped down the slope with 8" pile posts 10' long; place fill as necessary; clear brush and remove overhanging vegetation at top of bluff to establish natural angle of repose; add+/-20 cubic yards of clean sand and re- grade as necessary; cover with woven geotextile on re-graded area and plant with American beach grass and other native environmental grasses; on the southern property line propose to: extend existing mid- bluff retaining wall approximate) 8�' to property line,• increase height of retaining wall by 18"and reinforce with helical anchors; repair existing 6'x6' timber retaining wall as necessary by replacing damaged walers and placing backfill in front of wall; remove brush at top of retaining wall;re-grade by adding+/-10 cubic yards of clean sand and cover with woven geotextile on re-graded areas and plant with American beach grass and other native environmental grasses; with the condition that in the future when the decks associated with the platforms and stairs are replaced they would be brought into compliance with Chapter 275-11 of the Town Code-Wetlands and Shoreline Construction and Operation Standards A(6)((a)&(b) The certificate is issued to ELLEN F. EMERY 1999 REVOCABLE TRUST c/o ELLEN F. EMERY owner of the aforesaid property. Authorized Signature Michael J. Domino, President Of SOUryO Town Hall Annex John M. Bredemeyer III,Vice-President �O lQ 54375 Route 25 P.O.Box 1179 Glenn Goldsmith Southold,New York 11971 A. Nicholas Krupski • Q Telephone(631) 765-1892 Greg WilliamsOOUNTT`1, O Fax(631) 765-6641 �1ct� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DATE OF INSPECTION: (O' /$ lb /Ch. 275 Ch. 111 INSPECTION SCHEDULE Pre-construction, hay bale line/silt boom/silt curtain 1St day of construction % constructed Project complete, compliance inspection. INSPECTED BY: Kf Aw COMMENTS: pble-/' II_ I _ ! I A 1 fle &V-(cOM l d a 01%ouc aL:F4v5 powt Jvag lL) Wr,Xi s Ca e 2 ` - t 5sve CERTIFICATE OF COMPLIANCE: Notes: Provide elle and lagged All work done in accordance with all applicable state and binwall stepped down the local codes. slope and place fill as Drawings based on Surveys provided by John C. Ehlers necessary maintain 3 4 dated 05-14-2013 and site visits July 20, August 2G and Clear brush from top of slope minimum October 30,2013 and February 28 and April 4,201 5 slope and regrade c� y All work completed between Jul and November 2013. and place fill as necessary *} o p y 6 C 14' C73 3= 01 12' @ n Materials. X? Timber piles - ASTM Class B 2.5 CCA Treatment "°' Structural Timber"--5YP Marine Grade 2.5 CCA Treatment t Y _1301t5, rods etc. ASTM 307 > i Hardware - All hardware hot dipped galvanized ° - Vinyl Sheeting - 5horeguard 425 and G50 by CMI Woven Geotextile - Granite Environmental 4 1 oz Woven Denotes meaeorement a �, 3 :i Decking and Stair treads - Timbertech Composite Decking I—top of decwng to n1 C y grade on both sidesSL L 6' —11 Fiber Reinforced Plastic Grating by Fibergrate or equal °`'h"t'°g °" 8 s T Railings - 5YP Min No. I Grade O 5", A r � 51 u f Slope covered in � Jute Matting Dunt cover m y with native g z los g I 13 f3 13 ADKOVED BY - 13•', 15° s y.BOARD OF TRUSTEES ,TO OF 6' FP.P S®UTH®LD Grating QYP) N °reap d 12° 15•,i., Landing landing $. •^ DPI /�/ / - ° Area Area 0 ,9 _ i- r(,/��I/ 55 oq it 94"It 12,', 14' 31 sgft i ^ u C mo n Stairs shown schematically 10" 18° 3 for clarity Repair existing GxG TI I retaining wall a5 necessary Replace damaged walers 85, 21* Backfill In front of wall 0 ton � into 1 anc 85* 1e• New�ety at exhtn9 p,5tn9 Gcxgatm�Oeexsto9B10ng Q�Q ESS���A 9 u E�e S'bol�y eetn9 n n D 10 �Lf l¢�� 1 a s• 16• I I• O w 3"10 1on9 z4 6• Ne les mm 12 n capaatY 10 0 10 zo - r Nde w no° nn 10 J F"'` I 1 s• � 3r ne r5 � V, 36• Pv,th hel,cal a FEB2 I6= , Clear brush,regrade and Graphic Sca I e 4 2��1 � 36• place woven geatextlle to stablllzeslope Partial Plan 770413 Southo Town "°T� ' rd r sees of —. - -Denotes proposed retaining wall additions Engineer: Contractor: 0D Dan 5ellagmann PE Seacoast Con5tructlon Ellen Emery Residence Plan EXlstln and Proi�osed sDAE LIC: 077043 Sayville, NY 5925 Nassau Point Road CiAchogue, NY 11935 r AS SHOWN Retaining walls MADE BY DS DATE 10-25-1 G 201 CH•KD 9y DATE c 13'-0" FRP Grating 1 2"Class B Timber Pile 2 1Class B Timber Pile /�20 ft long r 255 Shoreuard 425 Vinyl rt long S / 6"x8"Timber Waler(fYP) heeting I G' long Existing Picket Fence 3, 3/4"Galv Dock Bolt Nut 4 Washer 10"Class B Timber Pile 10"Class B Timber Mm 20 20 ft long Pile deadman I"Galv Tie Rod nuts 4 washers �G"x8"Timber Waler(TYP) 4' 2'-G' y G"x8"Timber Waler Shoreguard 425 Virryl Sheeting (TYP) I G'Long - Nut 4 WaGals Dock It 3/4"Galv Wire Rope Clip(fYP) GNG"x f galy plate(fYP) I"Galv.Rod 2"Dia weep hole 18-24"O C. Helical Anchor 8"-10" 3"x 10"Vinyl faced - 3/4" Galv Dock Bolt T4G 5heetmg 10"Class B Timber Nut*Wa5er(Typ) - 14'long 3 L Batter Pile 16 ft long _ I Section A-A Section B-B Scale: 1/4"= 1 '-0'.' Section C—c Scale: 114"= P-0" Scale: 114"= P-0" 3 I'-2" L 12"Timber Pile Existing Picket Fence S Vinyl 5heeting 28'-O" -� Vanes see plan Varies e plan L 1 II 52'-1 0" X G"x8"Timber Waler(fYP) I I u Q Dock Bolt Nut 4 Washer(fyp) ESSIO Dimensions are approximate climes 5 Section at plle5 on top of bluff @ cal. See survey for exact dimensions cafe' 1/4"= P-0" Stair Tread5 g ^y y FRP Gratlnc 41 I : FRP Gratin I" x I-1/2" Sc� FFF,I I"xI_1/2" 1D 077048E Profile FEB 2 4 2017 I fop Scale. 1/8"= P-0" Engineer: Contractor: en } a Tr e s I I x 17 sht Is half scale Dan Sellcgmann PE Seacoast Construction Ellen Emery Residence Retalnln Wall Detalb �H °'�""""° LIC: 077043 Sayville, NY 5925 Nassau Point Road Cutchogue, NY 11935 g as SHOWN MOE By DS Mh 10-25-1 G 202 Ell ME \n,Nall v\de 6X6 t\mberl 0,long line P�th 8„ p\le w°the ylop °r egljale ro erty do 0 Eq,Ual gpaces Q Guard gG R rs Existing Timber GxG Provide ShOreetp\le corner � � r C\\\rs \O t° Retaining Wall 5 vinyl 5h " c a'\anchors ode \\G "05t\ g Existing slope - ~C ' C 14'0 s caPa ty at v5 abope ove eX\yt\n0 u derlay woven ckfill to new g otextile 3 /6 6 X 8 t g,Na\er \on9 ne d eX\ 10°Class D Timber Pile 12'-0" o; @ e 3 to y ruin � 0 20 ft long X 3 VC) 1001 bo\te eet\n9 M' o't♦ GSh - G"x8"Timber Waler((YP) G' - ne`N 3X1 - \ 3/4"Galv Dock Bolt '?f0\0e CC\\n \ L It�apaelty \ Nut t Washer(ryp) needed to'intst�ll newrvinyl sheet pll \ nem 1 O pr\5e5\n ton g p (rYP) _ \/ l 0 3/4"Galv Wire Rope Clip 0-rF) rn G"xG"x " alv late Prov\del\ca\ arch - I"Galv Rod N\th he 1lelical Anchor 8"-10" 3"x 10" TSG Sheeting 1 0"Class B Timber 8'long 3 I Batter Pile 16 ft long Plan North Wall Addition Plan :south Wall Addition Scale: 1/4"= P-0" Section D-D 10"Class B Timber Pile New Exte,ision Existing wall Existing wall New Extenslon 20 ft long I 10"Class B Timber New 3 x 10 T*G I Pile 12 ft long 3 New G"x8"Timber 6"x8"Timber Waler(TYP) sheeting 8' long (TYP) I.G.. Waler(TYP) 2 10" Class B Timber 2 New G"x8"Timber Batter Pile I G ft long 3'-G" Waler(TYP) Existing 3x 10 T*G New 3x 10 T*G Sheeting 8 1 r I� 3x I 0 TSG sheeting Sheeting i i I III 1.11 tI�1.11 11 existing (TYP) G"x8"Timber Waler(TYP) I LI1.I� I I I I I I II��Ll 1J I 111 New Ox8"Timber 1 I I I I I I I I I I I I I I I I I I I I I I I wafer(TYP) � I I 11J- p~<ESSIo Existing 10" Class B �r 1 P-WA61 I Palo I 1 OQ� SEL! g 10"Class B c� G`P 9 i Timber Piles Existin Timber Piles E0 0 Cr Elevation North Wall Addition Elevation `' outh Wall Addition I I � '~I' Scale: 114"= I '-0" Scale: I/4"= I '-O" j FEB 2 4 2017 Southold Town - Bartl fTru ^ II - Z- l� Engineer: Contractor: Pro osed additional I Ix17 sht 15 half scale Dan 5chcgmann PE Ellen Emery Residence p sSH °RM""'3 LIC: 077043 5925 Nassau Point Road Cutchogue, NY 11935 Retalnln� Wall Details AS SHOWN MAM 61'�s DRE10-25-1 6 203 CM'Im sr DAIS John M.Bredemeyer III,President �vf SoyoTown Hall Annex Michael J.Domino,Vice-President h0 l0 54375 Route 25 P.O.Box 1179 Glenn Goldsmith Southold,New York 11971 A.Nicholas Krupski G ® @ Telephone(631),765-1892 Charles J.Sanders Fax(631) 765-6641 coUMf`1,� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD May 17, 2017 John M. Wagner, Esq. Certilman, Balin, Adler& Hyman, LLP 100 Motor Parkway, Suite 156 Hauppauge, NY 11788 RE: ELLEN F. EMERY 1999 REVOCABLE TRUST, c/o ELLEN F. EMERY; 5925 NASSAU POINT ROAD, CUTCHOGUE SCTM#: 1000-111-13-6 Dear Mr. Wagner: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, May 17, 2017: RESOLVED, that the Southold Town Board of Tr=ustees APPROVE the Administrative Amendment to the Denial Without Prejudice determination made on December 30, 2015 for the following: the as-built 100' long timber pile vinyl sheet wall bulkhead; as-built 80' long timber pile tongue-and-groove retaining wall with two (2) 8' returns located +/-25' landward of bulkhead (buried); as-built 80' timber pile tongue-and-groove retaining wall with two (2) 8' returns located +/-55' landward of bulkhead; as-built 85' timber pile vinyl sheet retaining wall with 12' return on north side of property and 25' return on south side of property located 7 to 11 feet from top of bluff; as-built sets of stairs from top of bluff to beach consisting of a 4'x7' access platform to a 4'x28' set of stairs to a 55sq.ft. transition landing area, to a 4'x7' set of stairs to a 94sq.ft. transition landing area, to a 4'x17' set of stairs leading to a 4'x13' walkway, to a 4'x10' set of stairs parallel to bulkhead to beach area; as-built +/-1,800 cubic yards of clean fill spread evenly between the bulkhead and all retaining walls to the top of bluff to replace lost bluff material; as-built installation of jute matting for erosion control with plantings of American beach grass and other native environmental grasses; as-built installation of a drainage system to direct roof rain and surface water from the upland retaining wall and house foundation by providing a drainage swale with a 6" perforated pipe to drywells in front-yard area (which received previous approval of Southold Town Engineer); on the northerly property boundary: for the proposed extension of the top of bluff vinyl sheet pile retaining wall landward from top of the bluff 12' to the northerly property line; extend the mid-bluff timber tongue-and-groove retaining wall 14' to the northerly property line; construct along the northerly property line a 6'x6' timber pile lagged binwall stepped down the slope with 8" pile posts 10' long; place fill as necessary; clear brush and 2 remove overhanging vegetation at top of bluff to establish natural angle of repose; add +/-20 cubic yards of clean sand and re-grade as necessary; cover with woven geotextile on re-graded area, and plant with American beach grass and other native environmental grasses; on the southerly property line propose to: extend existing mid-bluff retaining wall approximately 8' to property line; increase height of retaining wall by 18" and reinforce with helical anchors; repair existing 6'x6' timber retaining wall as necessary by replacing damaged waters, and placing backfill in front of wall; remove brush at top of retaining wall; re-grade by adding +/-10 cubic yards of clean sand and cover with woven geotextile on re-graded areas and plant with American beach grass and other native environmental grasses; with the condition that in the future when the decks associated with the platforms and stairs are replaced they would be brought into compliance with Chapter 275-11 of the Town Code-Wetlands and Shoreline, Construction and Operation Standards A(6)(a)&(b); and as per the site plans prepared by Daniel Seligmann, PB, last dated October 25, 2016. Any other activity within 100' of the wetland boundary requires a permit from this office. This is not a determination from any other agency. If you have any questions, please call our office at (631) 765-1892. Sincerely, r� John M redemeyer, III President, Board of Trustees JMB:eac gU Fat �r Michael J. Domino,Preside Q fFf� `, �. Town Hall Annex John M. Bredemeyer III,Vice-Presidnt �� Z.� 54375 Route 25 Charles J. Sanders P.O.Box 1179 Glenn Goldsmith Southold,NY 11971 A.Nicholas Krupski p! Telephone(631)765-1892 Fax(631)765-6641 •---az,�rxr� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Date/Time: 51-Th h06 Completed in field by: N,, John M.Wagner,Esq.on behalf of ELLEN F.EMERY 1999 REVOCABLE TRUST,c/o ELLEN F.EMERY requests an Administrative Amendment to the Denial without Prejudice determination on December 30,2015 for the following:the as-built 100'long timber pile vinyl sheet wall bulkhead;as-built 80' long timber pile tongue-and-groove retaining wall with two(2)8'returns located+/-25'landward of bulkhead(buried),as-built 80'timber pile tongue- and-groove retaining wall with two(2)8'returns located+/-55'landward of bulkhead;as-built 85'timber pile vinyl sheet retaining wall with 12'return on north side of property and 25'return on south side of property located 7 to 11 feet from top of bluff,as-built sets of stairs from top of bluff to beach consisting of a 4'x7'access platform to a 4'x28'set of stairs to a 55sq.ft.transition landing area,to a 4'x7'set of stairs to a 94sq ft transition landing area,to a 4'x17'set of stairs leading to a 4'x13'walkway,to a 4'x10'set of stairs parallel to bulkhead to beach area,as-built+/-1,800 cubic yards of clean fill spread evenly between the bulkhead and all retaining walls to the top of bluff to replace lost bluff material;as-built installation of jute matting for erosion control with plantings of American beach grass and other native environmental grasses,as-built installation of a drainage system to direct roof rain and surface water from the upland retaining wall and house foundation by providing a drainage swale with a 6"perforated pipe to drywells in front- yard area(which received previous approval of Southold Town Engineer);on the northerly property boundary for the proposed extension of the top of bluff vinyl sheet pile retaining wall landward from top of the bluff 12'to the northerly property line,extend the mid-bluff timber tongue-and-groove retaining wall 14'to the northerly property line;construct along the northerly property line a 6'x6'timber pile lagged binwall stepped down the slope with 8"pile posts 10'long;place fill as necessary;clear brush and remove overhanging vegetation at top of bluff to establish natural angle of repose,add+/- 20 cubic yards of clean sand and re-grade as necessary,cover with woven geotextde on re-graded area,and plant with American beach grass and other native environmental grasses,on the southerly property line propose to:extend existing mid-bluff retaining wall approximately 8'to property line; increase height of retaining wall by 18"and reinforce with helical anchors,repair existing 6'x6'timber retaining wall as necessary by replacing damaged walers,and placing backfill in front of wall; remove brush at top of retaining wall, re-grade by adding+/-10 cubic yards of clean sand and cover with woven geotextile on re-graded areas and plant with American beach grass and other native environmental grasses. Located:5925 Nassau Point Road, Cutchogue SCTM#1000-111-13-6 CH. 275-3 - SETBACKS WETLAND BOUNDARY: Actual Footage or OK=4 Setback Waiver Required 1. Residence: 100 feet 2. Driveway: 50 feet 3. Sanitary Leaching Pool (cesspool): 100 feet 4. Septic Tank: 75 feet 5. Swimming Pool and related structures: 50 feet 6. Landscaping or gardening: 50 feet 7. Placement of C&D material: 100 feet TOP OF BLUFF: 1. Residence: 100 feet 2. Driveway: 100 feet 3. Sanitary leaching pool (cesspool) 100 feet: 4. Swimming pool and related structures: 100 feet Public Notice of Hearing Card Posted: Y / N Ch. 275 �/ Ch. 111 SEQRA Type: 1 II Unlisted Action - Type of Application: Pre-Submission Administrative Amendment Wetland Coastal Erosion Emergency Violation Non-Jurisdiction Survey <_ 5 years: Y/N Wetland Line by: C.E.H.A. Line Additional information/suggested modifications/conditions/need for outside review/consultant/application completeness/comments/standards: Present were: VJ. Bredemeyer V M. Domino G. Goldsmith N. Krupskl /C. Sanders Other Page 1 of 2 Michael J. Domino,Presid( o�pg)SFFOtea F' Town Hall Annex John M. Bredemeyer III, Vice'President �� y,, 54375 Route 25 Charles J. Sanders P.O.Box 1179 Ze Glenn Goldsmith Southold,NY 11971 A.Nicholas Krupski �, �p� Telephone(631)765-1892 Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Date/Time: Completed in Work Session by: John M.Wagner,Esq.on behalf of ELLEN F.EMERY 1999 REVOCABLE TRUST,c/o ELLEN F.EMERY requests an Administrative Amendment to the Denial without Prejudice determination on December 30,2015 for the following the as-built 100'long timber pile vinyl sheet wall bulkhead;as-built 80'long timber pile tongue-and-groove retaining wall with two(2)8'returns located+/-25'landward of bulkhead(buried), as-built 80'timber pile tongue- and-groove retaining wall with two(2)8'returns located+/-55'landward of bulkhead;as-built 85'timber pile vinyl sheet retaining wall with 12'return on north side of property and 25'return on south side of property located 7 to 11 feet from top of bluff;as-built sets of stairs from top of bluff to beach consisting of a 4'x7'access platform to a 4'x28'set of stairs to a 55sq.ft.transition landing area,to a 4'x7'set of stairs to a 94sq ft transition landing area,to a 4'x17'set of stairs leading to a 4'x13'walkway,to a 4'x10'set of stairs parallel to bulkhead to beach area;as-built+/-1,800 cubic yards of clean fill spread evenly between the bulkhead and all retaining walls to the top of bluff to replace lost bluff material,as-built installation of jute matting for erosion control with plantings of American beach grass and other native environmental grasses,as-built installation of a drainage system to direct roof rain and surface water from the upland retaining wall and house foundation by providing a drainage swale with a 6"perforated pipe to drywells in front- yard area(which received previous approval of Southold Town Engineer),on the northerly property boundary*for the proposed extension of the top of bluff vinyl sheet pile retaining wall landward from top of the bluff 12'to the northerly property line;extend the mid-bluff timber tongue-and-groove retaining wall 14'to the northerly property line,construct along the northerly property line a 6'x6'timber pile lagged binwall stepped down the slope with 8"pile posts 10'long;place fill as necessary;clear brush and remove overhanging vegetation at top of bluff to establish natural angle of repose;add+/- 20 cubic yards of clean sand and re-grade as necessary,cover with woven geotextde on re-graded area,and plant with American beach grass and other native environmental grasses;on the southerly property line propose to,extend existing mid-bluff retaining wall approximately 8'to property line; increase height of retaining wall by 18"and reinforce with helical anchors, repair existing 6'x6'timber retaining wall as necessary by replacing damaged walers,and placing backfill in front of wall, remove brush at top of retaining wall;re-grade by adding+/-10 cubic yards of clean sand and cover with woven geotextile on re-graded areas and plant with American beach grass and other native environmental grasses. Located:5925 Nassau Point Road, Cutchogue SCTM#1000-111-13-6 Ch. 275-12 - STANDARDS FOR ISSUANCE OF PERMIT MET=X or Comment=* A. Adversely affect the wetlands of the Town: B. Cause damage from erosion, turbidity or siltation: C. Cause saltwater intrusion in the fresh water recourses of the Town: D. Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife & vegetation or the natural habitat thereof: E. Increase the danger of flood and storm-tide damage: F. Adversely affect navigation tidal waters or the tidal flow of the tidal waters of the Town: G. Change the course of any channel or the natural movement or flow of any waters: H. Weaken or undermine the lateral support of other lands in the vicinity: I. Otherwise adversely affect the health, safety and general welfare of the people of the Town: J. Adversely affect the aesthetic value of the wetland and adjacent areas: Ch. 111-9 - ISSUANCE OF PERMIT MET=X or Comment=* A. Is reasonable and necessary, considering reasonable alternatives to the proposed activity and the extent to which the proposed activity requires a shoreline location: B. Is not likely to cause a measurable increase in erosion at the proposed site and at other locations: C. Prevents, if possible, or minimizes adverse effects on natural protective features and their functions and protective values, existing erosion protection structures and natural resources: D. 525% Expansion/Calculation Work Session Notes Application Complete SEQRA Classification Confirmed Coordinated Review Y/N Pos/Neg Declaration CAC: LWRP: Additional information on comments/to be discussed/Public Hearing: Date: Completed By: Present: J. Bredemeyer M. Domino G. Goldsmith N. Krupski C. Sanders E. Cantrell D. Di Salvo Other Page 2 of 2 r 1+ 4y i �. w I ` x F�.• VA , y F r t 1 •.... + � 1.,, M1 JS�� k J T� �•F' + � x - _ <s'Fw% � � � ''"�' ,�'.. ♦, s da %. 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I r:'.. �,.:Y♦-,:��' �. + rig_.' ::A A&Z .r *pF SO(/p�, Michael J.Domino, President ��� Ol0 Town Hall Annex_ John M. Bredemeyer III,Vice-President 54375 Route 25 P.O. Box 1179 Charles J.Sanders vs �c Southold,New York 11971 Glenn Goldsmith ® �� Telephone(631) 765-1892 A.Nicholas Krupski COU 11 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 Southold hereby 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. i 97 mm. mm°Bm 2r oo-x 99 'gym Jr � e n ar x m ,P -q-� ^ �( a � CpJmV hL,�! �3 d' ♦ --,_-' s00 o w + .,FtO y°, as lyt `"' ,� _:r'^t/- b'3�d z m s m +.,^ r • a w, a'�• '' b \ ,x, m-zaoa •. �' yBM.•y'i� <'iiuTf'--b m,o B ' A „�,�m� s ' 1 M^ fiw�5 m, `� ark_ _,tl Qx, 2m'®p r5B•^G^b ^ to +a x° m e°✓ 'N $ ,N"°' d 5'°°I� °'� \ m { ` f �II RO \'♦ �' SO 5B�' +5 t' 1; ow MEN,WOEN Q„ 50 9 ] M' 65 6` D 15 \m �'S1 WFST .' a J a 581 fy 4 2 oPu ♦ , fM•,w d y�ST °0x-0215 \ I� \ a ® 1 '� 9 562 y pn a e yx 0 a ® x I \ / °� T A �. 9 � 0 9 � O p^15. �♦5 t tH�l b 9 fp �' oy fu /�a ma5 Z 9 9f � �„ ♦ w��ing �� �s�N 9O n r�- \ J ��S J��r� 19�T] P^ f 9_-� � ,1 SpA M 5p, v F°_ H° ♦,'' t '\ � F Rc O w1 t�/cl -'\p '� B �' 2T n✓' � Bf �^ 5.55 9 ,x \ O Jry a*a "� ,e allo50N P • J - �__ u1eg 6' - �zeNcl`-s'- 6 ,° xA 4 O iTv a ` CO� ° 1 �°,.5 iT t am ♦p,. �'� Mn 530 E N RO J O ♦ 1TA____ O xB � �, f' PtO x5wmx w9Em9 sc.�,.,m 1 'J9k4 i--=_- . - ( �_____ - � w `� 3 � ^� 555 ♦ � '- I 19 ,� ,p" ° 55] ••s a �'�1 !talc g -N„ ,aNc § 1 "^O � w wn_ � 9• 'w BA ,o 4 \on i -2S Tc5-- a.'F .w e x0 c m9 m r.m a9 f xa z. a,o�1l a �' --•-^__ m' s4 .� �+"O \tL ,, m o, b m Yy 4 8'O tOAIU i 4 i w1 w � r ,, o xenlc) )j b' 9 Rrp m 5p 55 ^2 8 .a 'A, b 5O.4 pM1 aY p I Ir t a1f _ 1 \i 'g1 m � � ,+ ,Ncl � d',•29A T 'aRe m �y p O,Q C x ^ t aNq 4 pp 1 aA1U 9 B+- B1 ^ 14 12 OA(C) ' 'PQ • °,� �� ,byc) ai I@-fie" u un aA., ~ i ±� ffir xeAlcl ® StPI+�'a � 5\ \HD 9 P s 1 °� N s,Baan. 55 \ 090 FO ♦ MATON __�__—IINE 7 \ 4 t5r eA �' �45/�I� _ ,is ,wa�e III � • �0 0e e�.d„_.,,,_ —.�._ r. ,. Izil �,,.� --�—_ ...oma^. —_"— m.. COUNTY OF SUFFOLK © E °, souTRol.o O M " — NOTICE ooh° K SECTION NO ,, � Real Properly Tax Service Agency Y E PROPERTY MAP •;hr's:_x j , Dan Seligmann, PE 24 Cherry Lane Huntington, NY 11743 631-423-2544 908-400-3580 (cell) 2016-003 D111 = E IV ED ' December 30, 2016 FEB Z 4 2017 WNW Town John M. Wagner, Esq. Certilman Balin Attorneys 100 Motor Parkway Suite 156 Hauppauge, NY 11788 REFERENCE:' Ellen Emery Residence 5925 Nassau Point Road Cutchogue,Town of Southold, NY Dear Mr. Wagner: I have reviewed the permit application dated January 17, 2014 and the amendment dated June 26, 2015 related to the above project. At your request I have updated all of the drawings which now represent the final as built conditions of the existing retaining walls as well as the proposed work to further protect the property lines. I am hereby enclosing for your review: Drawing No. 201 dated 10-25-16, -Plan showing Existing and Proposed Retaining walls certified on 11-2-16; Drawing No. 202 dated 10-25-16, showing Retaining Wall Details, certified on 11-2-16; Drawing No. 203 dated 10-25-16, showing construction details of Proposed additional Retaining Walls, certified on 11-2-16. Per your request I have recently made several site visits and in particular noted on Drawing No. 201 the upper transition landing has now been reduced to 55 square feet and the lower transition landing has been modified and reduced to 94 square feet. Please note the dimensions and details shown on this as built drawing reflect all final dimensions and modifications. If you have any questions or comments please contact me. Resprgm D n Professional Engineer NY cc: Ellen Emery -- r ' C&M Contracting Corp. P.O. Box 142 Cutchogue, NY. 11935 ECC9VE September 26,2016 ! FEB 2 4 2011 John Wagner Certilman Balin Southold Tawn , 100 Motor Parkway Board of Tr Suite 156 Hauppauge,NY 11788 RE:Ellen Emory Residence As per your request and in order to meet the requirements set by Southold Town Trustees,the landings or stair platforms have been altered so that each landing deck area is below the required 100 square feet requirement set by Southold Town Board of Trustees.The upper platform is 55 sq.ft. and the lower measures 94 sq.ft.,both within the requirements set by the Trustees department. Warm re arils, Chris Mauceri Suffolk County License# 31963-H John M.Bredemeyer III,President ,�� � Town Hall Annex Michael'J.Domino Vice-President 64375 Main Road P:O.Box 1179 James F.King,Trustee '' ' Southold,New York 11971-0959 Dave Bergen,Trustee ` `1 W }' ` ,y , Telephone(§31).766--1892 Charles,J.,Sanders,Trustee C { ,:: Fax(631)765-6641 BOARD OF TOWN TRUSTEES_ TOWN OF-SOUTHOLD Office Use Only. - - Coastal Erosion Permit Application _Wetland Permit-Application A 'ative Permit �n " amen ransfer/E tenon �ReceivedAppication �� I �7 ►� ;ML � I� ; `� CompletedApplica ion. . 7 {!� Incomplete F E g 2 4 2017 -SEQRA"Classificati" : Type I Type II V Unlisted ' Coordination:(date sent): Town w WRP Consistency Assess-"ent -orm:�� 8,1ZSoidlialtl To Z g80 o CAC Referral"Sent: � �, _Date of Inspection: ,k-5 Receipt of CAC Repo&. Lead Agency Determinafio& u Technical Review: _ Q'ubli®„a uPt:t• iii f5 ti2M6'n�f�� Resolution: AMENDEt APPLICATION DATED: JANUARY j30, 2017 Name of Applicant: ELLEN F. EMERY, TRUSTEE OF THE ELLEN F. EMERY 1999 REVOCABLE TRUST Mailing,Address: 121 Somerset Avenue, Garden__CitX,uNY1150_ Phone'Number: 516-746-4038 Suffolk-County Tax Map Number: 1000"-,111.00-13.00-006.000_ Property Location:_"5925 Nassau Point Road, Cutchogue, NY 11935; 590 Feet northerly of intersection of Wunneweta Road with Nassau Point Road .(provide LIT:CO Pole#;distance to cross streets, and location)- AGENT-.,.,John M._ Wagner,. Esq. of„Certi"lman Balin Adler, & Hyman,_LLP (if•dpplicablo) Address:_-_ 100 Motor Parkway, Suite 156, Hauppauge, NY 11788 - "Phone:; _6317979-3000 Ext 785.9 Board of -Trustees Application GENERAL DATA Land Area=(in-square feet): -6974 acre; 30,379 sq. ft. Area Zoning:, R740 (Residential Low-Density)_ Previous use of property:;_ One-f amily dwelling___,____. Intended use o£property: One-family dwelling 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 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.? ._I'es .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 DEC-Hur-ricane_Sandy GeneraI Permit GP- _°2= Southold Town Trustees #8049 2/20/2013 Southold Town Trustees #8222 6/19/2013 No-prior permits/approVdis for site improvements. Has any pennit/approval ever been revoked or suspended by a governmental:agency? No , x Yes If Yes,provideexplanation:_,=Southold.WTown Board=o_f_Trustees, ons,-lz/30 2015 denied without prejudice Amended Permit--Appl"icatiori dated June 26, 2015 Project Description(use attach1nent9,if necessary): AS-BUILT WORK: bulkhead, 3 retaining walls, beach access stairs; landscaping; drainage system; __PROPOSED-WORK:_ extend mid-bluff .,retaining wall. and returztSto_ property lines, landscape and plant beach grasses. See attached detailed _"Amended_Project.,Description".._(2 .pages)-- - � I AMENDED PROJECT DESCRIPTION 5925 Nassau Point Road, Cutchogue, New York I . PERMIT REQUESTED FOR THE AS-BUILT WORK: 100' timber pile vinyl sheet wall bulkhead located along the shoreline; 80' timber pile tongue-and-groove retaining wall with two 8' returns located 25+/- feet landward of bulkhead (buri_ed) ; 80' timber pile tongue-and-groove 'retaining wall with two 8' returns located 55+/- feet landward of bulkhead; 85' timber pile vinyl sheet retaining wall with 12' return on north side of property and 25' return on south side of property located 7 to 11 feet from top of bluff; Sets of stairs from top of bluff to beach: " 41x7' access platform to a 41x28' set of stairs to a 55 sq. ft. transition landing area; to a 4'x7' , set of stairs to a 94 sq. ft . transition landing area; to a 4'x17' set of stairs leading to a 4' x13' walkway to a 41x10' set of stairs parallel to bulkhead to beach area; 1, 800+/- cubic yards of clean fill spread evenly between the bulkhead and all retaining walls to the top of bluff to replace lost bluff material. Installation of jute matting for erosion control with plantings of American beach grass and other native environmental grasses; Installation of drainage system to direct roof rain and surface water from the upland retaining wall and house foundation by providing a drainage swale with a 6" perforated pipe to drywells in front-yard area (which had received previous approval of Southold Town Engineer) . Page 1 of 2 ft II. PERMIT FOR PROPOSED REPAIR WORK: A. ON NORTHERLY PROPERTY BOUNDARY: At top of bluff extend vinyl sheet pile retaining wall landward from top of the bluff 12' to the northerly property line; Extend the mid-bluff timber tongue-and-groove retaining wall 14' to the northerly property line; Construct along the northerly property line a 6'x6' timber pile lagged binwall stepped down the slope with 8" pile posts 10' long; place fill as necessary. Clear brush and remove overhanging vegetation at top of bluff to establish natural angle of repose; Add 20+/- cubic yards of clean sand and re-grade as necessary; Cover with woven geotextile on re-graded area, and plant with American beach grass and other native environmental grasses; B. ON THE SOUTHERLY PROPERTY LINE: Extend existing mid-bluff retaining wall approximately 8' to property line; increase height of retaining wall by 18" and reinforce with helical anchors; Repair existing 61x6' timber retaining wall as necessary by replacing damaged walers, and placing backfill in front of wall; Remove brush at top of retaining wall; regrade by adding 10+/- cubic yards of clean sand and cover with woven geotextile on re-graded areas and plant with American beach grass and other native environmental grasses . Page 2 of 2 M Board of Trustees Application WETLAMYTRUI TEE LANDS APPLICATION DATA Purpose of the proposed'operations:,Permit for AS-BUILT WORK (bulkhead, 3 retaining walls, beach access stairs, landscaping, drainage system) ; and Permit for PROPOSEDmWORK -(extend mid-bluff _retaining,wall and return5to ,property__lines, landscape—and plant beach grasses). Area of wetlands on lot: ZERO square feet --_ �---_ Percent coverage of lot: ZERO o o- Closest distance between nearest existing structure and-upland edge of wetlands;. _�. - _ feet As-built bulkhead adjacent to Peconic Bay Closest distance between nearest-proposed-structure-and upland edge-of wetlands:,___ 55± _ _ ... feet Does the,project 'involve excavation or filling? No x Yes If yes,howmuch material:-will be excavated? ZERO cubicyards How much materiaFwill be filled? __ 30 -cubic yards Depth"of which material will be removed or deposited:__ 3-_4_ _ ,_ feet Proposed slope throughout the area of operations: 60±% -Manner.in which-material,will be removed or deposited: by hand 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): Proposed work will prevent further erosion on the bluff. Board of Txustess AppliCstion j I AFFIDAVIT Ellen V. Emery BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S)AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF,AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE'SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE BOARD OF 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,INCLUDING THE CONSERVATION ADVISORY COUNCIL,TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH THIS APPLICATION, INCLUDING A FINAL INSPECTION. I FURTHER AUTHORIZE THE BOARD OF TRUSTEES TO ENTER ONTO MY PROPERTY AND AS REQUIRED TO INSURE COMPLIANCE WITH ANY CONDITION OF ANY WETLAND OR COASTAL EROSION PERMIT ISSUED BY THE BOARD OF TRUSTEES DURING THE TERM OF THE PERMIT. Signature of Property Owner Signature of Property Owner Ellen F. Emery I SWORN TO BEFORE ME THIS7k DAY OF May ,20 17 i , io Public M, I K J. BROSNAN Notary Public. Staie of i law York � t #49468,5 Qualified in f\I�JSSaU County commission E/piies Feb. 6, 20 AMENDED APPLICATION AFFIDAVIT/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 Permits and that all statements contained herein are true to the best of her knowledge and belief, and that all the "as-built" work has been completed; and the "proposed" work will be done in a workmanlike manner as may be approved by the Southold Town _ Board of Trustees . The Applicant appoints John M. Wagner, Esq. of the firm of Certilman Balin Adler & Hyman, LLP, as the Applicant' s Agent in representing the Applicant in this Amended Application and applying for Permits from the Southold Town Trustees . i -The Applicant agrees to hold the Town of Southold and the Board of 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 the Application. Ellen F. Emery Sworn to before me this �df� day of January, 2017 /_P- _,"4z Notary Pu is RICHARD F.LARK Notary Public,State of New York No."02LA7432600 Qualified In Suffolk County COMM,Expire®Au®u®t 31,.26-1 APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits con flii cts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME : Emery, Ellen F. (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit X Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your-company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted 1 36— d =20 17 Signature Print Name Ellen F. Emery AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever, action is necessary to avoid same. YOUR NAME: Wagner, John M: (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tag grievance Building Permit Variance Trustee Permit X Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,paKent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicantlagent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this �s J day of hcr3, 20 17 Signature R✓ Print Name John M. Wagner I I CEuaLMAN SALIN 100 MOTOR PARKWAY,SUITE 156 HAUPPAUGE,NY 11788 rk-rror�tis PHONE:631.979.3000 FAx.631979 7070 www certilmanbalm.com JOHN M.WAGNER PARTNER jwagner(&certilmanbalin.com February 23, 2017 BY FEDEX DELIVERY Southold Board of Town Trustees _ 54375 Main Road ; - y[ P.O. Box 1179 Southold,NY 11971 i L FEB 24 2017 Re: Amended Application of Ellen F. Emery, Trustee Of the Ellen F. Emery 1999 Revocable Trust ' Southold Town SCTM#1000-111.00-13.00-006.000 �J Gentlemen: Enclosed please find an original and three (3) copies of the following: 1. An Amended Application of Ellen F. Emery, Trustee of the Ellen F. Emery 1999 Revocable Trust, dated January 30, 2017, requesting an amendment to the Application dated January 17, 2014, as previously amended by Amended Application dated June 26, 2015, to which are attached the following: A. An Amended Application Affidavit/Authorization of the Applicant, Ellen F. Emery, Trustee, sworn to January 30, 2017; B. A completed Applicant/Owner Transactional Disclosure Form, signed by Ellen F. Emery and dated January 30, 2017; C. A completed Agent/Representative Transactional Disclosure Form, signed by John M. Wagner and dated February 1, 2017; D. A letter from Dan Seligmann, P.E., to John M. Wagner, Esq., dated December 30, 2017, to which are attached the following drawings: (i) Plan -- Existing and Proposed Retaining walls -- Drawing No. 201, prepared by Dan Seligmann, P.E., dated 10-25-16, and signed and sealed 11-2-16; (ii) Retaining Wall Details — Drawing No. 202, prepared by Dan Seligmann, P.E., dated 10-25-16, and signed and sealed 11-2-16; and 55720441 CERTILMAN BALIN ADLER&HYMAN,LLP NASSAU OFFICE:EAST MEADOW,NY 11554 CEItTJL it ll V BALI Southold Board of Town Trustees Re: Amended Application of Ellen F. Emery, Trustee SCTM#1000-111.00-13.00-006.000 February 23, 2017 Page 2 of 2 (iii) Proposed additional Retainer Wall Details -- Drawing No. 203, prepared by Dan Seligmann, P.E., dated 10-25-16, and signed and sealed 11-2-16; and E. A letter from Chris Mauceri of C&M Contracting Corp. to John Wagner, dated September 26, 2016, attesting to actual measurements of the transition landings/stair platforms. Any other information or requirements are contained in the original Application of January 17, 2014 and the Amended Application of June 26, 2015. Please note that this letter and the enclosed Amended Application and accompanying materials are submitted in connection with proposed settlement of the pending New York State Supreme Court CPLR Article 78 proceeding entitled Ellen F. Emery 1999 Revocable Trust, and Ellen F. Emery, as Trustee against Board of Town Trustees of the Town of Southold and Town of Southold, which proceeding bears Suffolk County Index No. 16-02190, and are submitted without prejudice to any of the Petitioners' claims and positions in such pending proceeding and otherwise, and with full reservation of all the Petitioners' rights. It is my understanding that the fee of $100.00 for an amended application is waived as the enclosed Amended Application, dated January 30, 2017, is being submitted in connection with proposed settlement of the aforesaid pending Court proceeding. If you need any additional information or have any questions, do not hesitate to contact me or the Town Attorney, William Duffy, who is also thoroughly familiar with this matter. Very truly yours, lkll� John M. Wagner Enclosures cc: Ellen F. Emery William Duffy, Town Attorney 5572044.1