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Home My WebLink AboutJohnson, Betty Edwards SOUTHOLD TOWN BOARD COASTAL EROSION APPEAL PUBLIC HEARING October 10, 2017 9:00 AM Present: Supervisor Scott Russell Justice Louisa Evans Councilman William Ruland Councilwoman Jill Doherty Councilman James Dinzio, Jr. Councilman Bob Ghosio, Jr. Town Clerk Elizabeth Neville Town Attorney William Duffy This hearing was opened at 9:00 AM COUNCILMAN GHOSIO: RESOLVED the Town Board of the Town of Southold hereby sets Tuesday, October 10, 2017 at 9:00 AM. at the Southold Town Meeting Hall, 53095 Main Road, Southold,New York as the time and place for a public hearing upon the Coastal Erosion Hazard Board of Review Appeal of Betty Edwards Johnson,which seeks relief from Section 111-11(C) and 111-12(D) of the Town Code for removal of existing deck, dock reconstruction and shoreline stabilization within a near shore area in a Coastal Erosion Hazard Area located on property on parcel SCTM# 1000-010-3-11, Betty Edwards Johnson, 190 Peninsula Road, Fishers Island,New York 06390, and directs the Town Clerk to publish notice of such appeal in the Suffolk Times newspaper not less than ten(10) days nor more than thirty (3 0) days prior to such hearing and to notify the applicant by first class mail. I do have a copy of the legal notice from the Day in New London, I have a certificate that it was published in the Day. I also have an affidavit that this was published in the Suffolk Times, we have here files that were added to laserfiche, DEC permit that was recently issued, New York State Department of State General Concurrence. I also have a signed affidavit that this was posted on the Town Clerk's bulletin board. TOWN ATTORNEY DUFFY: Inaudible. GLENN JUST: Good morning, my name is Glenn Just, on behalf of Mrs. Johnson. Do you want me to start off by explaining... SUPERVISOR RUSSELL: Sure. MR. JUST: It's a (inaudible) shoreline on Fishers Island, the first part of the application was to remove a small set of beach access stairs, install about 110 feet of rock revetment, it's an Johnson Coastal Erosion Appeal Hearing October 10, 2017 page 2 engineered plan to reinstall the short beach access stairs and then to remove the remains of a storm damaged dock and then there's also the remains of an old crib dock. I don't know if you know what crib docks are but they were built maybe 50-60 years ago. Inaudible, in the 30 years I have been in business but they were a boxed out structure filled with big boulders and stuff to support the dock (inaudible) so that will be removed from the harbor bottom as well. And I guess to reconstruct the dock. The dock will be slightly longer than what has been there but we don't know, we have seen a lot of aerial photographs but couldn't really determine the exact length of what the dock had been. We could only measure what (inaudible) on what we could find in the water there. Inaudible. On two or three different occasions looking for the presence of eel grass and there's (inaudible) in the harbor, in that part of the harbor, which it attaches to rocks and the emerging vegetation and no eel grass which is always a concern on docks on Fishers Island. As far as the, this is where I am getting confused as far as the laws because the difference between the state coastal hazard erosion law and the town coastal hazard erosion law and also the term development that's in the town code or actually not in the town code. The applicant is basically looking to protect her property from storm damage. The adjacent property to the east, I represented before the last Trustees meeting and they were granted an approval for rock revetment identical to this, it would actually tie into this structure to make it more strong. The dock, the float dock we are proposing would have 18 inch legs in each corner, the depths there are rather shallow and to try to get to depths of 3 feet which the Trustees and DEC would rather have we would have to go out and it would be a hazard to navigation, so what we have put, and we have done it on a few jobs on Fishers Island, we put legs on the corner of a float so at low tide only the corner with the legs would touch the bottom and not the whole float and that will also keep a boat that's tied to the float from resting on the bottom. I guess (inaudible) the letter that I submitted, we don't feel there is any reasonable, prudent or alternative site available. The whole entire dock is located in the Coastal Erosion Hazard Area, there is just no other place for a dock to go on the property. As far as means and measures to mitigate adverse impacts, again, we cut the dock short and we made the legs on the float and no trace of eel grass I think is a plus. I also think that a mitigating factor is this existing deck that hangs over the bluff, will be removed and not reconstruct, so I think that tends to mitigate the project just a little bit which I neglected to mention earlier. I think C was the development will be reasonably safe from flood and erosion damage, that's the purpose of the rock revetment, to protect the upper portion of the property from storm damage and erosion. And again, I think the variance is the minimum necessary to overcome the practical difficulty or hardship which was the basis for the requested variance. I would be more than happy to answer any questions, again, if you are unfamiliar with this process I will try to lay out the facts the best that I can. COUNCILMAN GHOSIO: How long has the existing been there? Do you have any idea? MR. JUST: We've had some surveys that went back 34 years and then I tried to go on the Suffolk GIS site and I have a series of historical areas but there's a big lapse after (inaudible) we couldn't determine exactly when it was built. There were no permits that we could find anywhere. COUNCILMAN GHOSIO: What permits have you gotten so far? Johnson Coastal Erosion Appeal Hearing October 10, 2017 page 3 MR. JUST: We have the Town Trustees wetlands approval for the entire project, we have an Army Corps of Engineers approved the project, New York State DEC has approved the project and the New York State Department of Coastal Management has approved it as well, found it consistent. COUNCILWOMAN DOHERTY: I always find this state mandated code that they gave the town to regulate but yet DEC will go ahead and approve this kind of thing, so it's just one of those things that doesn't make sense to me, never has but anyway, I remember going to this property for other reasons when I was a Trustees. And especially I think this will enhance the protection of the property, especially when it ties into the neighbors, you know, the rock revetment. COUNCILMAN GHOSIO: Have you worked out the numbers of square footage that you are actually going to use in the structure? MR. JUST: Inaudible. SUPERVISOR RUSSELL: I reviewed it and to me it's really just a replacement of existing inventory that's already there. I think the removal of the dock along the bluff is very, very important to mitigate any impacts on the (inaudible) and also the revetment is exactly what FEMA wants to see. Coastal resiliency, that's the type of structures that they are looking for. Obviously there's a disconnect between them and other agencies but that's what they like to see. MR. JUST: I walked the site with members of the Trustees a few months back, and they felt comfortable (inaudible) but they admitted that their hands were tied because (inaudible). That's all I have. COUNCILMAN GHOSIO: Is there anyone else that would like to speak? (No response) This hearing was closed at 9:10 AM Eliza th A. Neville Southold Town Clerk DELIVERY- 1,2,and 3. A. Signature and address on the reverse ❑Agent return the card to.you. ❑Addressee to the back of the mailpieCe, B• Rec ' e by(Pi d rr�e) C. Date of Delivery if space permits. 'to: D. Is delivery a es8 eren from item t? ❑Yes If YES,enter delivery address below. ❑No kcC � e C--+- V I I I II I I I I I I I I I VI V I I I II 3. dull Service Type ❑Priority Mall ail-ss® ❑Adult Signature ❑Registered MafIT►+ ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted 9W f2 2663 6336 3038 89 Certifled Mail® Delivery ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collection Delivery Merchandise •Transfer from service labeO_ _ ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation^+ ❑Insured Mail ❑Signature Confirmation 0 0001 1570 9886 : ❑Insured over$6001 Restricted Delivery Restricted Delivery July 2015 PSN 7530-02-000 J9053 Domestic Return Receipt USPS TRACKING# First-[ Pbsta! USPS Permit 9590 9402 2663 6336 3038 89 United States •Sender:Please print your name,address,and ZIP+4®in ti Postal Service y1FF0 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD © ELIZABETH A.NEVILLE,TOWN CLERK !* baa P.O.BOX 1179 SOUTHOLD,NEW YORK 11971 Southold Town Board - Letter Board Meeting of October 10, 2017 °�Su`F�`"`>, RESOLUTION 2017-862 Item # 5.36 "'A °f 7° ADOPTED DOC ID: 13442 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2017-862 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 10,2017: WHEREAS,the Board of Trustees denied the application of Betty Edwards Johnson (the "Applicant") requesting a coastal erosion hazard area permit to construct 110' of rock revetment along eroded bank; remove remains of crib dock and remains of damaged timber dock and to install 4'x70' fixed dock; a 4'x20' ramp with rails; and an 8'x12' floating dock with 18" legs at each corner to prevent float from resting on bottom at low tide; remove and replace existing embankment stairs at SCTM#1000-010-3-1, under the Coastal Erosion Hazard Areas Law (the "Law") of the Town of Southold pursuant to Section 111-11(c); and WHEREAS, on September 8, 2017, the Applicant submitted an application to the Town Board of the Town of Southold seeking to appeal the determination of the Board of Trustees, or in the alternative, seeking a variance from the requirements of the Law; and WHEREAS, on October 10, 2017, the Town Board conducted a duly noticed public hearing on the instant appeal with an opportunity for all interested parties to be heard and testimony was taken of the Applicant's consultant; and WHEREAS, the application has been reviewed pursuant to Chapter 268, Waterfront Consistency Review of the Town Code and the Local Waterfront Revitalization Program; now, therefore, be it RESOLVED that the Town Board of the Town of Southold does hereby adopt the Findings and Determination dated October 10, 2017, granting the application of Betty Edwards Johnson for a coastal erosion hazard area permit pursuant to §111-20 of the Coastal Erosion Hazard Area Code; and be it further RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed action is classified as a Type 11 Action and is not subject to review pursuant to SEQRA Rules and Regulations for this action; and be it further RESOLVED that the Town Board had determined that this action is consistent with Chapter 268, Local Waterfront Revitalization Program; and be it further RESOLVED that this Determination shall not affect or deprive any other agency of its properly asserted jurisdiction, separate and apart from the proceedings under the Coastal Erosion Hazard Areas Law considered herein. Generated October 11, 2017 Page 50 Southold Town Board - Letter Board Meeting of October 10, 2017 Elizabeth A. Neville Southold Town Clerk Attachments: 20171010 CEHA decision (DOC) RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Generated October 11, 2017 Page 51 RECEIVED TOWN BOARD OCT 1 0 2017 COASTAL EROSION HAZARD BOARD OF REVIEW TOWN OF SOUTHOLD Southold Town Clerk -------------------------------------------- In the matter of the Application of BETTY EDWARDS JOHNSON FINDINGS AND 1990 Peninsula Rd. DETERMINATION Fishers Island, NY SCTM#1000-010-3-11 -------------------------------------------- FINDINGS AND DETERMINATION Based upon the application, documents contained in the Board's file, site inspections and testimony received at the public hearing held on October 10, 2017, the Town Board finds and determines as follows: ISSUE Betty Edward Johnson has filed an application with the Town Board, as the Coastal Erosion Hazard Board of Review (the"Board"), dated September 8, 2017 requesting the following relief: 1. A reversal of the Board of Trustees August 16, 2017 determination preventing the issuance of a coastal erosion permit in accordance with Chapter 111 of the Town Code. FACTUAL BACKGROUND AND PROCEDURAL HISTORY A. Description of the property and applicants: The property that is the subject of this application is located at 1990 Peninsula Rd., Fishers Island along the south shore of West Harbor. The property is improved with a home and existing dock. The property is located in the residential zone. As confirmed by the Board of Trustees, and acknowledged by the applicant, the portion of the property where the proposed work is to be performed is located within the Coastal Erosion Hazard Area as established by New York State in 1991. The applicant submitted an application to the Trustees seeking permission to replace existing dock and install a rock revetment on the subject parcel. B. Trustees Procedural History: I. Application The applicant filed an application with the Board of Trustees on May 9, 2017 which requested a coastal erosion hazard area permit to construct 110' of rock revetment along eroded bank; remove remains of crib dock and remains of damaged timber dock and to install 4'x70' fixed dock; a 4'x20' ramp with rails; and an 8'x12' floating dock with 18" legs at each corner to prevent float from resting on bottom at low tide; remove and replace existing embankment stairs at SCTM#1000-010-3-1. H. Public Hearing: The Trustees held a public hearing on this application on August 16, 2017 at which time all those interested were given the opportunity to speak. Glenn Just of JMO Consulting on behalf of the applicant addressed the Town Trustees' concerns with regards to the application. It was described that the proposed structure would be the aforementioned rock revetment and dock in the near shore area. III. Trustees Determination and Certificate of Compliance. On August 16, 2017 the Trustees issued a determination stating that the proposed dock fell outside the jurisdiction of the Board of Trustees due to the proposed dock's square footage exceeding 200 square feet and therefore they could not issue a permit under the tidal wetlands act, as such further application would need to be made to the Town Board, denying the application without prejudice. IV.The Town Board Proceeding On September 8, 2017, the property owners timely filed an appeal of the Trustee's determination pursuant to Town Code Chapterl l l with the Coastal Erosion Hazard Board of Review(the Board) seeking the reversal of the Trustees denial. The Board held a duly noticed public hearing on October 10, 2017 at which time all interested parties were given the opportunity to present testimony on the application. Glenn Just of JMO Consulting on behalf of the applicant addressed the Town Board's concerns with regards to the application to construct 110' of rock revetment along eroded bank; remove remains of crib dock and remains of damaged timber dock and to install 4'x70' fixed dock; a 4'x20' ramp with rails; and an 8'x12' floating dock with 18" legs at each corner to prevent float from resting on bottom at low tide; remove and replace existing embankment stairs at SCTM#1000-010-3-1. This initial application being made within the Costal Erosion Act as well as the Tidal Wetlands Act. No other members of the public appeared in support or opposition to the application and the record was closed on October 10, 2017. APPEAL OF THE TRUSTEE'S DETERMINATION 2 Pursuant to §111-24 the Town Board is designated as the Coastal Erosion Hazard Board of Review and has the authority to "[h]ear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Administrator in the enforcement of this chapter."See, Town Code §111-24 (B). Furthermore, the Coastal Erosion Hazard Board of Review has the authority to "reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination of the Administrator, including stop or cease-and-desist orders." See, Town Code §111-25. When considering appeals pursuant to §§ 111-24 &25, the Board is limited to the record on appeal and the arguments made before the Board of Trustees. In this instance, this Board finds, based upon the record before it, that the applicant has supplied the sufficient information regarding the criteria set forth in §111-9(A-C) of the Town Code to support the granting of a Coastal Erosion Management Permit. CONCLUSION Therefore, in the interests of justice and for the reasons set forth herein, this Board grants the appeal of the Applicant pursuant to Chapter 111 of the Town Code to construct a construct 110' of rock revetment along eroded bank; remove remains of crib dock and remains of damaged timber dock and to install 4'x70' fixed dock; a 4'x20' ramp with rails; and an 8'x12' floating dock with 18" legs at each corner to prevent float from resting on bottom at low tide; remove and replace existing embankment stairs at SCTM#1000-010-3-1. Dated: October 10, 2017 3 Neville, Elizabeth From: Neville, Elizabeth Sent: Friday, October 13, 2017 2:00 PM To: 'Gjustl02l5@aol.com' Cc: Cantrell, Elizabeth Subject: Printout-13442-1034-M45645 Attachments: Printout-13442-1034-M45645.pdf Attached, please find Town Board Resolution 2017-862 Adopting the Findings and granting the application of Betty Edwards Johnson for a Coastal Erosion Hazard Permit. Elizabeth A.Neville, MMC Southold Town Clerk,Registrar of Vital Statistics Records Management Officer;FOIL Officer Marriage Officer PO Box 1179 Southold,NY 11971 Tel.631765-1800,Ext.228 Fax 631765-6145 Cell 631466-6064 1 RESOLUTION 2017-862 ADOPTED DOC ID: 13442 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2017-862 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 10,2017: WHEREAS,the Board of Trustees denied the application of Betty Edwards Johnson(the "Applicant") requesting a coastal erosion hazard area permit to construct 110' of rock revetment along eroded bank; remove remains of crib dock and remains of damaged timber dock and to install 4'x70' fixed dock; a 4'x20' ramp with rails; and an 8'x12' floating dock with 18" legs at each corner to prevent float from resting on bottom at low tide; remove and replace existing embankment stairs at SCTM#1000-010-3-1,under the Coastal Erosion Hazard Areas Law(the "Law") of the Town of Southold pursuant to Section 111-I I(c); and WHEREAS, on September 8, 2017,the Applicant submitted an application to the Town Board of the Town of Southold seeking to appeal the determination of the Board of Trustees, or in the alternative, seeking a variance from the requirements of the Law; and WHEREAS, on October 10, 2017,the Town Board conducted a duly noticed public hearing on the instant appeal with an opportunity for all interested parties to be heard and testimony was taken of the Applicant's consultant; and WHEREAS,the application has been reviewed pursuant to Chapter 268, Waterfront Consistency Review of the Town Code and the Local Waterfront Revitalization Program; now, therefore, be it RESOLVED that the Town Board of the Town of Southold does hereby adopt the Findings and Determination dated October 10,2017, granting the application of Betty Edwards Johnson for a coastal erosion hazard area permit pursuant to 4111-20 of the Coastal Erosion Hazard Area Code; and be it further RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed action is classified as a Type II Action and is not subject to review pursuant to SEQRA Rules and Regulations for this action; and be it further RESOLVED that the Town Board had determined that this action is consistent with Chapter 268, Local Waterfront Revitalization Program; and be it further RESOLVED that this Determination shall not affect or deprive any other agency of its properly asserted jurisdiction, separate and apart from the proceedings under the Coastal Erosion Hazard Areas Law considered herein. ,a Elizabeth A.Neville Resolution 2017-862 Board Meeting of October 10, 2017 Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Updated: 10/10/2017 3:09 PM by Lynda Rudder Page 2 LEGAL NOTICE NOTICE OF PUBLIC HEARING RESOLVED the Town Board of the Town of Southold hereby sets Tuesday, October 10, 2017 at 9:00 AM. at the Southold Town Meeting Hall, 53095 Main Road, Southold,New York as the time and place for a public hearing upon the Coastal Erosion Hazard Board of Review Appeal of Betty Edwards Johnson, which seeks relief from Section 111-11(C) and 111-12(D) of the Town Code for removal of existing deck, dock reconstruction and shoreline stabilization within a near shore area in a Coastal Erosion Hazard Area located on property on parcel SCTM# 1000-010-3-11, Betty Edwards Johnson, 190 Peninsula Road, Fishers Island,New York 06390, and directs the Town Clerk to publish notice of such appeal in the Suffolk Times newspaper not less than ten (10) days nor more than thirty (3 0) days prior to such hearing and to notify the applicant by first class mail. Dated: September 12, 2017 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Southold Town Clerk Please publish on September 21, 2017 and forward one affidavit of publication to Elizabeth A.Neville, Town Clerk, Southold Town Hall, P.O. Box 1179, Southold,NY 11971. Copies to: The Suffolk Times Town Board Town Attorney Trustees Town Clerk Bulletin Board Town Website Betty Edwards Johnson VAR[L1E4��n ox Pau 47 Eugene O'Neill Drive New London,CT 06320 860-442-2200 www.theday.com Classified Advertising Proof Order Number: d00741502 SOUTHOLD TOWN OF-PLANNING DEPT C/O Elizabeth Neville P 0 BOX 1179 SOUTHOLD,NY 11971-0959 631-765-1938 Title:The Day I Class:Public Notices 010 Start date:9/21/2017 1 Stop date:9/21/2017 Insertions:1 I Lines:0 ag Title:Day Website I Class:Public Notices 010 Start date:9/21/2017 1 Stop date:9/21/2017 Insertions: 1 I Lines:0 ag A preview of your ad will appear between the two solid lines. 24437 LEGAL NOTICE NOTICE OF PUBLIC HEARING RESOLVED the Town Board of the Town of Southold hereby sets Tuesday,October 10, 2017 at 9:00 AM,at the Southold Town Meeting Hall,53095 Main Road,Southold,New York as the time and place for a public hearing upon the Coastal Erosion Hazard Board of Review Appeal of Betty Edwards Johnson,which seeks relief from Section 111-11(C) and 111-12(D)of the Town Code for removal of existing deck,dock reconstruction and shoreline stabilization within a near shore area in a Coastal Erosion Hazard Area located on property on parcel SCTM#1000.010.3.11,Betty Edwards Johnson,190 Peninsula Road,Fishers Island,New York 06390,and directs the Town Clerk to publish notice of such appeal In the Suffolk Times newspaper not less than ten(10)days nor more than thirty(30)days prior to such hearing and to notify the applicant by first class mall. Dated:September 12,2017 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A.Neville Southold Town Clerk Total Order Price: $213.80 Please call your ad representative by 3PM today with any ad changes. Salesperson: Sharon Foret Printed on: 9/19/2017 Telephone: 860-701-4292 Fax: 860-442-5443 Email:Legal@theday.com PUBLISHER'S CERTIFICATE State of Connecticut County of New London, ss New London Personally appeared before the undersigned, a Notary Public within and for said County and State, Sharon Foret, Legal Advertising Clerk, of The Day Publishing Company Classifieds dept, a newspaper published at New London, County of New London, state of Connecticut who being duly sworn, states on oath, that the Order of Notice in the case of 24437 LEGAL NOTICE NOTICE OF PUBLIC 7 HEARING RESOLVED the - - LEGAL'NOTICE ` i r NOTICE OF PUBLIC HEARING I RESOLVED the Town Board of the Town of Southold hereby sets Tuesday,October 10, A true copy of which is hereunto annexed, was 2017 at 900 AM at the Southold Town Meeting Hall,53095MaiiiRoad,Southold,-New, York as the time and place fora public hearing upon the Coastal Erosion Hazard Board published in said newspaper in its issue(s) of of Review Appeal'of'Betty Edwards Johnson,which Seeks relief from Section 111-11(C) and 111-12(D)of the Town Code for removal of existing deck,dock reconstruction and 09/21/2017 shoreline stabilization within a nearshore area in a Coastal Erosion Hazard Area located 1 on property on parcel SCTM#1000-0103-11,Betty Edwards Johnson,J90 Peninsula Road,Fishers Island,New York 06395,and directs the Town Clerk to publish noticelof such appeal in the Suffolk Times newspaper not-less than ten(10)days,nor more than Cust SOUTHOLD TOWN OF-PLANNING 1 thirty(30)dayspriortosuchheanngandto`iiotifytheapplicantbyfirstclass mail 1 Ad#' d00741502 Dated:September-12;mai BY ORDER OF THE TOWN BOARD OF THE --• ' ,TOWN OF SOUTHOLD ` ° Elizabeth A,Neville Southold Town Clerk l Subscribed and sworn to before me This Friday, September 22, 2017 Notary Public My commission expires / #0002122110 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck,in said county,being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES , a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks(s),successfully commencing on 09/21/2017 Principal Clerk 4,;E:Sworn to before me this an day of 11RIST A VOLT NOTARY PUBLIC-STATE OF NEW YORK No 01V06105050 Quallfled In Suffolk County My COR MINOR€yplres February 28,2020 TYPESET Mon Sep 18 15.17 00 EDT 2017 LEGAL NOTICE NOTICE OF PUBLIC HEARING RESOLVED the Town Board of the Town of Southold hereby sets Tuesday,October 10, 2017 at 9 00 AM at the Southold Town Meet- ing Hall,53095 Main Road,Southold,New York as the time and place for a public hear- ing upon the Coastal Erosion Hazard Board of Review Appeal of Betty Edwards Johnson, which seeks relief from Section I I I-I1(C)and 111-12(D)of the Town Code for removal of existing deck, dock recon- struction and shoreline stabilization within a near shore area in a Coastal Erosion Hazard Area located on property on parcel SCTM# 1000-010-3-11,Betty Edwards Johnson,190 Peninsula Road, Fishers Island, New Yoik 06390,and directs the Town Clerk to publish notice of Stich appeal in the Suffolk Times newspaper not less than ten (10) days nor more than thirty(30)days prior to such hear- ing and to notify the applicant by first class mail Dated September 12,2017 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A Neville Southold Town Clerk 2122110 Neville, Elizabeth From: Neville, Elizabeth Sent: Friday, September 29, 2017 3:40 PM To: Doherty,Jill; Doroski, Bonnie; Duffy, Bill; Ghosio, Bob; Hagan, Damon;Jim Dinizio; Standish, Lauren; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda; Russell, Scott;Silleck, Mary;Tomaszewski, Michelle;William Ruland Cc: Bredemeyer,John; Cantrell, Elizabeth; DiSalvo, Diane; Domino, Michael; Goldsmith, Glenn; Krupski, Nick; Sanders, Charles J. Subject: Addtnl Docs Re; CEA Elizabeth Edwards Johnson Please be advised that following additional documents relating to the Coastal Erosion Appeal of Elizabeth Edwards Johnson and have been added to this file in Laserfiche: (1) NYS DEC Permit recently issued (2) NYS DOS General Concurrence Elizabeth A.Neville, MMC Southold Town Clerk,Registrar of Vital Statistics Records Management Officer;FOIL Officer Marriage Officer PO Box 1179 Southold,NY 11971 Tel.631765-1800,Ext.228 Fax 631765-6145 Cell 631466-6064 1 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Division of Environmental Permits,Region 1 SUNY,a Stony Brook,50 Circle Road,Stony Brook,NY 11790 P (631)444-03651 F (631)444-0360 Lti~wder.nygov September 6, 2017 Ms. Betty Edwards Johnson 7503 Old Bridge Court Sugarland, TX 77479 RE: Permit No.: 1-4738-04535/00001 Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit for the referenced activity. Please carefully read all permit conditions and special permit conditions contained in the permit to ensure compliance during the term of the permit. If you are unable to comply with any conditions please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather and a Notice of ComMencement/Completion of Construction. Please note, the permit sign and Notice-of Commencement/Completion of Construction form are sent to either the permittee or the facility application contact, not both. Sincerely, /Laura J. ovazzo ermit Administrator LJS/Is < EW YORK Department of STAT[Of OPPONIUNIIY Environmental Conservation gw j z W 'REFABRICATED UNITS SHALL BE GEOFAB. ENVIROFENCE, OR APPROVED p Q QUI VALENT" �.L. � ry z Z (� 4AINTENANCE SHALL BE PERFORMED AS NEEDED AND MATERIAL REMOVED WHEN W Q v 'BULGES" DEVELOP IN THE SILT FENCE. W Q Lj �/� � V / r / o-) = D LL- W 0- / m o ✓� / ck� / mN o z o 0 NYSDEC � < / APPROVED AS PER TERMS z AND CONDITIONS OF 0 w o PERMIT NO V) o P N o V DATE — o > a I / W I � \ APPucaNr: BETTY EDWARDS JOHNSON z 7503 OLD BRIDGE COURT SUGARLAND, TX 77479 832-265-0891 Q z o rn F- z _00 Q = o a U) � (V 00 = N Of cD CE WITH MANUFACTURERS q� " I 00 � < v i )VERLAP AT ADJACENT ;HORED AS TO PREVENT pr o 0 o J ?DEN MATERIAL. z w w z z Y RIS, DURABLE, FREEz o W < z o IAT WOULD INCREASE TAKING DURING HANDLING DATE: 11/03/2016 SIZE UNLESS 10 5 0 1D SCALE: 1 10, GRAPHIC SCALE IN FEET CREATE A EVENLY PROJECT: #2016822 UNDERLYING MATERIALS. QUALITY CONTROL CERTIFICATION OF SMALLER STONES GROUP REVIEWED DATE PROJECT MANAGER ?EVETMENT TO BE SURVEY SHEET i ® - 'NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-04535 PERMIT Under the Environmental Conservation Law ECL Permittee and Facility Information Permit Issued To: Facility: BETTY EDWARDS JOHNSON JOHNSON PROPERTY 7503 OLD BRIDGE CT 1990 PENINSULA RDISCTM 1000-10-3-11 SUGARLAND, TX 77479 FISHERS ISLAND,NY 06390 (832) 265-0891 RECEIVED Facility Application Contact: SEP Z 9 2011 JMO ENVIRONMENTAL CONSULTING PO BOX 447 QUOGUE,NY 11959-0447 Southold Town Clerk (631) 653-0607 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Village: Fishers Island Facility Principal Reference Point: NYTM-E: 750.704 NYTM-N: 4572.117 Latitude: 41'15'41.7" Longitude: 72°00'26.5" Project Location: 1990 Peninsula Road - Watercourse- West Harbor Authorized Activity: Removal of an existing deck and the remains of a dock and pilings. Construction of a 106 foot rock revetment with backfill and plantings. Installation of a 4' x 70'pier (open-grate over inter-tidal marsh), ramp and float. All authorized activities must be in strict conformance with the attached plans stamped NYSDEC approved on 9/5/17. Permit Authorizations Tidal Wetlands -Under Article 25 Permit ID 1-4738-04535/00001 New Permit Effective Date: 9/5/2017 Expiration Date: 9/4/2022 Water Quality Certification - Under Section 401 - Clean Water Act Permit ID 1-4738-04535/00002 'New Permit Effective Date: 9/5/2017 Expiration Date: 9/4/2022 Excavation & Fill in Navigable Waters - Under Article 15, Title 5 Permit ID 1-4738-04535/00001 New Permit Effective Date: 9/5/2017 Expiration Date: 9/4/2022 Page 1 of 8 A& 'NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION � Facility DEC ID 1-4738-04535 NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and all conditions included as part of this permit. Permit Administrator: LAURA J SCOVAZZO, Deputy Regional Permit Administrator Address: NYSDEC Region 1 Headquarters SUNY @ Stony BrookJ50 Circle Rd Stony Brook, Y 11790 -340 Authorized Signature: �' Date 7/ 7/ Distribution List JMO ENVIRONMENTAL CONSULTING Marine Habitat Protection LAURA J SCOVAZZO Permit Components NATURAL RESOURCE PERMIT CONDITIONS WATER QUALITY CERTIFICATION SPECIFIC CONDITION GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following ]Permits: TIDAL WETLANDS; WATER QUALITY CERTIFICATION; EXCAVATION & FILL IN NAVIGABLE WATERS 1. Machinery Access Seaward of Mean Nigh Water Any machinery access occuring below Apparent High Water shall be done only during periods of low tide. When not in use, equipment shall be moved to an upland location and contained so that it does not come into contact with New York State Waters, 2. Armor Stone Total quantity of armor stone shall not exceed 2.17 tons,per linear foot of shoreline. 3. Fill Quantity Total quantity of fill for initial construction shall not exceed 320 tons (approximately 220 cubic yards). Page 2 of 8 Am dftme 'NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-04535 4. Equipment Material Stored Away from Crest of Bluff The storage of construction equipment and materials shall be confined to upland areas landward of the crest of the bluff or hill. 5. No Construction Debris in Wetland or Adjacent Area Any debris or excess material from construction of this project shall be completely removed from the adjacent area(upland) and removed to an approved upland area for disposal. No debris is permitted in wetlands and/or protected buffer areas. 6. No Disturbance to Vegetated Tidal Wetlands There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activities. 7. Seeding Disturbed Areas All areas of soil disturbance resulting from the approved project shall be stabilized with appropriate vegetation (grasses, etc.)immediately following project completion or prior to permit expiration, whichever comes first. If the project site remains inactive for more than 48 hours or planting is impractical due to the season, then the area shall be stabilized with straw or hay mulch or jute matting until weather conditions favor germination. 8. Clean Fill Only All fill shall consist of clean sand, gravel, or soil (not asphalt, slag, flyash, broken concrete or demolition debris). 9. No Beach Excavation For Fill No excavation of the beach is authorized for the purpose of obtaining fill or stone materials. 10. Backfilling All peripheral berms, cofferdams, rock revetments, seawalls, gabions, bulkheads or other approved shoreline stabilization structures shall be completed prior to placement of any fill material behind such structures. 11. Excavation for Bulkhead/Structure Prior to any construction or removal of bulkheads and other shoreline'stabilization structures all backfill shall be excavated landward of the structure and retained so as not to enter the waterway, tidal wetland or protected buffer area. 12. No Runoff Over or Through Bulkhead or into Wetland There shall be no discharge of runoff or other effluent over or through any bulkhead or shoreline stabilization structure or into any tidal wetland or protected buffer area. 13. Wood Preservatives a. Pressure treated wood used for construction of in-water structures must have undergone a treatment process approved (stamped or otherwise marked as certified) by the American Wood Preservative Association. b. Wood treated with Pentachlorophenol (PCP) must not be used in marine or brackish waters. Wood treated with PCP must be aged in the open air for at least three months prior to in-water use. c. The use of creosote treated wood is prohibited both in the water and upland areas. d. Chromated Copper Arsenate (CCA)pressure treated wood must be clean and free of CCA surface deposits. Wood with surface deposits must be washed for at least 5 minutes under running water prior to use. The washing must occur greater than 100 feet landward of any regulated wetland and/or water body. (Note "E." below for handling wash water.) Page 3 of 8 Aft dftws 'NEW 11-ORK STATE DEPARTMENT OF ENVIRONMENTAL.CONSERVATION 1"W Facility DEC ID 1-4738-04535 e. Any wood debris such as sawdust or wash water must not enter any water body, including wetlands or protected buffer areas. 14. Catwalk Decking The decking of the section of the catwalk that extends over vegetated tidal wetlands shall be constructed with NYSDEC-approved fiberglass grating to reduce shading impacts on the marsh. 15. No Floats,Ramps in Vegetated Tidal Wetlands Ploats and ramps may not rest on or be stored in any vegetated tidal wetland. 16. No Permanent Structures on Dock No permanent structures shall be installed on dock/catwalk/float without first obtaining written Department approval (permit, modification, or. amendment). 17. No Structures on Pilings No structures, other than structures specifically authorized by this permit, shall be constructed on pilings without further authorization from the department(permit, modification or amendment). 18. Vegetate All Disturbed Areas_ The permittee shall revegetate all exposed faces and disturbed areas to prevent soil erosion prior to the project completion or expiration date of this permit,whichever comes first. 19. 'Long"term Plant Survival The buffer strip shall be planted with native'shrubs and/or a native, maritime seed mix and the permittee shall ensure a minimum of 85% survival of plantings by the end of five growing seasons. If this goal is not met, the permit holder shall re-evaluate the restoration project in order to determine how to meet the mitigation goal and submit plans to be approved by the office of Marine Habitat Protection NYSDEC Region 1 Headquarters SUNY @ Stony BrookJ50 Circle Rd Stony Brook,NY11790-3409 20. No Runoff down Bluff or onto Beach There shall be no discharge of runoff or other effluent on, in or down the bluff face or onto the beach. 21. Install, Maintain Erosion Controls Necessary erosion control measures, i.e., straw bales, silt fencing, etc., are to be placed on the downslope edge of any disturbed area. This sediment barrier is to be put in place before any disturbance of the ground occurs and is to be maintained in good and functional condition until thick vegetative cover is established. 22. Equipment, Material Stored Away from Crest of Bluff The storage of construction equipment and materials shall be confined to upland areas landward of the crest of the bluff or hill. 23. Post Permit Sign The permit sign enclosed with this permit shall be posted in a conspicuous location on the worksite and adequately protected from the weather. 24. Notice of Commencement At least 48 hours prior'to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of Page 4 of 8 Am 'NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION � Facility DEC ID 1-4738-04535 24. Notice of Commencement At least 48 hours prior to commencement of the project,the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are frilly aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work. 25. Tidal Wetland Covenant The permittee shall incorporate the attached Covenant (or similar Department-approved language) to the deed for the property where the project will be conducted and file it with the Clerk of SUFFOLK County within 30 days of the effective date of this permit. This deed covenant shall run with the land into perpetuity. A copy of the covenanted deed or other acceptable proof of record, along with the number assigned to this permit, shall be submitted within 90 days of the effective date of this permit to Marine Habitat Protection NYSDEC Region 1 Headquarters SUNY @ Stony BrookJ50 Circle Rd Stony Brook,NY11790 -3409 Attn: Compliance 26. Conformance With Plans All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or applicant's agent as part of the permit application. Such approved plans were prepared by Richard Strouse last revised 8/17/17 stamped NYSDEC approved 9/5/17. 27. No Interference With Navigation There shall be no unreasonable interference with navigation by the work herein authorized. 28. 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 navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 29. State May Require Site Restoration If upon the expiration or revocation,of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may lawfully require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. Page 5 of 8 Am NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-04535 30. Precautions Against Contamination of Waters All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels,solvents, lubricants, epoxy coatings,paints, concrete, leachate or any other environmentally deleterious materials associated with the project. 31. 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. WATER QUALITY CERTIFICATION SPECIFIC CONDITIONS 1. Water Quality Certification The authorized project, as conditioned pursuant to the Certificate, complies with Section 301, 302, 303, 306, and 307 of the Federal Water Pollution Control Act, as amended and as implemented by the limitations, standards, and criteria of state statutory and regulatory requirements set forth in 6 NYCRR Section 608.9(a). The authorized project, as conditioned, will also comply with applicable New York State water quality standards, including but not limited to effluent limitations, best usages and thermal discharge criteria, as applicable, as set forth in 6 NYCRR Parts 701, 70?, 703, and 704. 2. Water Quality Certification The authorized project, as conditioned pursuant to the Certificate, complies with Section 301, 302, 303, 306,,and 307 of the Federal Water Pollution Control Act, as amended and as implemented by the limitations, standards, and criteria of state statutory and regulatory requirements set forth in 6 NYCRR Section 608.9(a). The authorized project, as conditioned, will also comply with applicable New York State water quality standards, including but not limited to effluent limitations, best usages and thermal discharge criteria, as applicable, as set forth in 6 NYCRR Parts 701, 702, 703, and 704. GENERAL CONDITIONS - Apply to ALL Authorized Permits: 1. Facility Inspection by The Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours,and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL'71- 0301 and SAPA 401(3). 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. Page 6 of 8 A& NEW YORK'STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION NOW Facility DEC ID 1-4738-04535 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 the Department or any of the terms, conditions or requirements contained in such order or determination. 3: Applications For Permit Renewals, Modifications or Transfers The permittee must submit a separate written application to the Department for permit renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. Submission of applications for permit renewal, modification or transfer are to be submitted to: Regional Permit Administrator NYSDEC Region 1 Headquarters SUNY @ Stony BrookJ50 Circle Rd Stony Brook,NY11790 -3409 4. Submission of Renewal Application The permittee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations: Excavation &Fill in Navigable Waters, Tidal Wetlands, Water Quality Certification. 5. Permit Modifications, Suspensions and Revocations by the Department The Department -reserves the right to exercise all available authority to modify, suspend or revoke this permit. The grounds for modification, suspension or revocation include: a. materially false or inaccurate statements in the permit application or supporting'papers; b. failure by the permittee to comply with any terms or conditions of the,permit; c. exceeding the scope of the project as described in the permit application; d. newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; e. noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of 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 7 of 8 NEW YORK STATE, DEPARTMENT OF ENVIRONMENTAL CONSERVATION � Facility DEC ID 1-4738-04535 -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 Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to,the extent attributable to the permittee'§ acts or omissions in connection with the permittee's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of- way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order,to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. Page 8 of 8 NOTICE COVENANT TO THE DEED DECLARATION THIS DECLARATION, dated day of ,2C_, is made by , (hereinafter the "Declarant"),whose address is WITNESSETH WHEREAS,the Declarant is the owner of certain real property located in the Town of , County of , State of New York,Tax Map#District , Section ,Block , Lot(s) which real property is more particularly described in Exhibit A annexed hereto (hereinafter referred to as the "Property"); and WHEREAS,the Property is,situated in or adjacent to regulated tidal wetlands which have been inventoried and mapped by the New York State Department of Environmental Conservation(hereinafter ADepartment@),pursuant to Environmental Conservation Law(hereinafter"ECL")Article 25 (also known as the"Tidal Wetlands Act") and Part 661 of Title 6 of the New York Code of Rules and Regulations (hereinafter"6 NYCRR');and ' WHEREAS,various activities conducted both in and adjacent to tidal wetlands are regulated by the Department pursuant to ECL Article 25 and Part 661 of 6 NYCRR and require written authorization from the Department prior to being conducted; NOW,THEREFORE, in recognition of the Department's jurisdiction as set forth above, it is the responsibility of a party having any right,title, or interest in the Property,to obtain from the Department or any successor'organization, a current description of all activities which are regulated pursuant to ECL Article 25 and Part 661 of 6 NYCRR, and to obtain written authorization from the Department prior to such regulated activities being conducted on the Property. Regulated activities include, but are not limited to clearing of vegetation; application of chemicals; excavation; grading and filling; dredging; erection of structures; construction or reconstruction of shoreline erosion structures; and construction and reconstruction of docks and bulkheads. By: STATE OF NEW YORK ) ss. COUNTY OF ) On the day of in the year 20_, before me,the undersigned, a Notary Public in and for said state, personally appeared ,personally known to me or proved.-to me on the basis of satisfactory evidence to be the person whose name.is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument,the person or entity upon behalf of which the person acted, executed the instrument. NOTARY PUBLIC NOTICE OF COMMENCEMENT_OF CONSTRUCTION RETURN THIS FORM TO:COMPLIANCE - Or Fax to: r31-444-02J7 Byreaq of Habitat-TW' 50 Circle Road Stony Brook,NY-11790-3409 PERMIT NUMBER: EXPIRATION DATE: ;PERMITTEE NAME& PROJECT ADQRESS; ` �— CONTRACTOR NAME&"ADDRESS: TELEPHONE. gear Sir: +.'ursuant to the special conditions of the referenced permit,-you are nereby n36f ed that the authorized activity shall commence on We certify that we have read the referenced permit and'approved plans and fully understand the authorized'project and all ne(mit conditions.We have inspected the project site and,can complete tt)e project as described)n the permit and as depicted on the: ,approved plans. We can do so in full compliance'with all plan notes and perwit condit;-tris.The.permit, permit sign;and-approved,plans will to available at the site for inspection in-accordance with General Condition No 'i (Both signatures required) PERMITEE: . DATE CONTRACTOR. :r-TE 1"141S NOTICE MUST BE SENT TO THE ABOVE ADDRESS AT LEAST-T1410 DAYS FR16R YO COMMENCEMENT OF THE PROJECT AND/OR ANY ASSOCIATED ACTIVITIES.; FAILURE TO RETURN.THIS-IJ,,rli-' , POST THF-PERMIT SIGN, OR HAVE THE PERMIT AND APPROVED PLANS AVAILABLE AT.THE WORK SITE FOR THE DURATIUId OF THF:,PROJECT M,4Y.sUBJECT THE PERMITTEE' AND/OR CONTRACTOR TO APPLICABLE SANCTIONS ANOPENALTIES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS. ut along this line\ X \ X XX NOTICE OF COMPLETION OF CONSTRUCTJOrl RETURN-THIS FORM TO COMPLIANCE Or Fax to 31-144-(,?07 Bureau of Habitat-TV\r 50 Circle Road Stony Brook,-NY 11790-3409 PERMIT NUMBER: IFXP9R TiiDN,3 F'E. VERMITTEE NAME& PROJECT ADDRESS', ___ CONTRACTOR'NAME &ADDRESS TELEPHONE:---_—___ PuIsuant to special conditions of the referenced-permit, you are hereby ra.; d iilat the authorized activity was completed on We have fully complied with the terms and condib insr.. tre nermr .fnr.approved plans (Both signatures required) PERMITEE CONTRACTOR. THIS NOTICE, WITH,PHOTOGRAPHS OF THE COMPLETED 1AQ:'K A,-M ";R A CO!t4I"_ETED SURVEY,AS APPROPRIATE,MUST BE, SENT TO THE ABOVE ADDRESS WITHIN 30 DAYS'OF COrf7F1_.=T!.7 A!Of" TI•i!=PRO,IEC T, 95.20.1 (8187)-9d New York State Department of Environmental Conservation AM same NOW The Department of Environmental Conservation (DEC) has .issued permit(s). . pursuant to the* Environmental Conservation Law for work - being, conducted at this site. For further information regarding. the nature and extent of work approved and any Departmental, conditions on it, contact the Regional- Permit Administrator listed below. Please refer to ' the permit number shown when contacting the DEC. Regional Permit Administrator Permit Number OROGER EVANS Expiration r p anon Date 0� NOTE: This notice is NOT a permit HAR50 SM AeuTTB'RS LEGEND FOR OWNER INFORMATION IPAR IES NYSD C 'Locu© ®��• APPR ED AS ER TERMS (D AND NDI ONS OF ERMIT NO 3 �} NOTES SCALE: 1"=400' 1.) THIS SURVEY WAS PREPARED FOR THE PARTIES AND -PURPOSE INDICATED HEREON. ANY EXTENSION OF THE USE BEYOND THE PURPOSED AGREED TO BETWEEN THE CLIENT AND THE SURVEYOR EXCEEDS THE SCOPE OF THE APPLICANT: ENGAGEMENT. BETTY EDWARDS JOHNSON 2.) IT IS A VIOLATION OF THE STATE,EDUCATION LAW FOR ANY PERSON, 7503 OLD BRIDGE COURT UNLESS ACTING UNDER THE DIRECTION OF A LICENSED LAND SURVEYOR, TO SUGARLAND, TX 77479 ALTER AN ITEM IN ANY WAY. 832-265-0891 3;) ONLY-COPIES OF THIS SURVEY MARKED WITH THE LAND SURVEYOR'S t > ° t 't f` ,r�t SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL 'ARE THE PRODUCT OF THE LAND SURVEYOR. 4.) A PORTION OF THE SITE IS LOCATED IN FLOOD ZONE VE ELEVATION 19 PER FIRM (FLOOD INSURANCE RATE MAP) FOR SUFFOLK COUNTY, NEW YORK. COMMUNITY NUMBER 36103C, MAP NUMBER 36103CO019H MAP REVISED SEPTEMBER 25, 2009. 5.) SITE IS IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK TAX MAP 1000, SECTION 010, BLOCK 3, LOT 11. 6.) TOTAL AREA 0.45± ACRES. 6I9UTTERS LEGEND > w 7.) SITE IS LOCATED IN R-40 ZONE. 1.,) CONCH .OUT LLC 8.) BASE FOR LEVELS: MEAN LOW WATER PO BOX 730 MYSTIC, CT 06355 2.) BRUCE D. & ELIZABETH D. KINLIN 50 EAST 96TH STREET APT. 3B R E V1 S 1 0 N S NEW YORK, NY 10028 PLAN OF PROPOSED DOCK REPLACEMENTCME ASSOCIATES Engineering, P20�101 PREPARED FOR Land Surveying&Architecture, PLLC ETTY E DWAR D S -JOHNSON % formerly Chandler,Palmer&King 1990 'PENINSULA ROAD` �� 33 Wilbur Cross Way,Mansfield,CT 06268 FISHERS ISLAND, NEW YORK a 333 East River Drive,East Hartford,CT 06108 DATE: 03/01/177 SCALE:A$ NOTED I SHEET: 1 OF 5 JOB # 2016822 888-291-3227 1 www.cmeengineering.com -1.s P R x -1.6 -2.4x,� p x -2'4REMOVE 11 REMAINS OF Ff OLD CRIB ROCK '( 1.3 x �o 0 X -1.8 TOE OF SLOPE -REMOVE (10-25-2016) \ -1.0 APPARENT HIGH \ METAL POSTS--, -0.8 x - X -0.6 WATER LINE (AHWL) 4X4 POSTS x -0.1 i ELEV.=3.3- TOP OF BANK \ (10-25-2016) �, ,�,REMAINS OF DAMAGED P�, G� /��' �� COASTAL EROSION HAZARD LINE-SHEET o �� '' WOODEN REMO DOCICO� �� 5 I J 47-FI OF 49 TREE ES ` /�'� BENCH MARK- ` IRON ROD- mi TYP. i �� /�+� / 1/ � �• ELEV. 10.97 rw� ( ��PSS / �/ a s BASE- MLW �/ , N F LIMITS OF ,,-,,,- pP7" �'� � - /1 � !12�� TIDAL WE �,��G�• �F 6 �Q0 ^KINLIN APPARENT HIGH WATER LINE (AHWL) c,P 12 -14 ``�- tiF•-� ELEV.=3.3jam-- / TOE OF SLOPE �'� / �/ o� EXISTING —16`f,'— T (10-25-2016 /18" � ` .r 0 ,y s t�-� � RESIDENCE v� 78 CHER TREE ` N/F CONCH OUT 4 ;' TREE �-' , S�• -10 TREE ^� . �� 10 z . �� OAK / APPROxIMAIg LINA S zoo• l OF FLbOD/ZONE VE PER MAP REFERENCE No.2 LEGEND EXISTING CONDITIONS NYSDEC — — 4 — — EXISTING CONTOUR APPROVED AS PER TERMS AND CONDITIONS OF x -4.3 EXISTING SPOT GRADE ELEVATION PERMIT NO DATE 30 15 ,0 30 REVISION S GRAPHIC SCALE IN FEET PLAN OF PROPOSED DOCK REPLACEMENT CME ASSOCIATES Engineering, PREPARED FOR 1(� Land Surveying& Architecture, PLLC BETUY EDWAR DS JOHNSON 1( formerly Chandler.Palmer&King 1990 PENINSULA ROADp CME Wilbur Cross Way,Mansfield,CT 06268 ,`r/' FISHERS ISLAND, NEW YORK E 333 East River Drive,East Hartford,CT 06108 DATE: 03/01/17 SCALE: 1"=30' SHEET:2 OF 5 JOB # 2106822 888-291-3227 1 www.cmeengineering.corn -2.4x AOR x -1.6 MPR PROPOSED x -2.4REMOVE• NEW 06CK-70' LON TOE OF REVETMENT REMAINS OF 4' WIDE FIXED DOCK. F OLD CRIB 20' RAMP W/RAILS & +sj AFTER CONSTRUCTION ROCK `( 8' X 12' FLOAT- 1.3 LOAT-1,3 x PROVIDE OPEN GRATE o0 F. DECKING STA. 0+0- -1.8 +0--18 0+50 TOE OF SLOPE (10-25-2016)REMO \ METAL VPOSTS -1'� APPARENT HIGH \ -0.8 x X 6 WATER UNE (AHWL) Q* 4X4 POSTS -0.1 i ELEV.=3.3 TOP OF BANK � (TYP.) c, (10-25-2016) JOREMOVE �(tP`' ��, COASTAL EROSION REMAINS OF DAMAGED p1, /; HAZARD LINE—SHEET o u WOODEN DOCKZ, �� 47-FI OF 49 REMOVE�, �./ n O REMOVE �; WOODE ° I BENCH MARK— `'=" TREE ESQ tif� IRON ROD—. Q (TYP:) ;'� %►',,� ^= • ��DE ELEV. 10 97 ri AwL �, ` BASE- MLW VIF LIMITS OF .,-, 12'--T2 p4 TIDAL WETLANDS �;F�G� - OF ��61. -��., 4 FKINLIN APPARENT HIGH ;Q�t �•. , COQ � `�"� _ _ OF'� WATER UNE (AHWL) 12 �+ %� `14-=- ELEV. 3.3 ;--/ TOE OF SLOPE //�,^r�`�� °o,!. QE \ ,16�� e17 �.�- EXISTING T (10-25-2016)- /� �� RESIDENCE 0 �.-> PROPOSED TOP OF, 1 ►��r/ C�- �. `'�L� REVETMENT AT EXISTING ' '�, C, � �`O `� ti •CHERT~? TOP OF BANK �T}r"c PROVIDE 2' TREE - NIF BUFFER STRIP. _, '. �, r f' 18 i ro i� CONCH OUT LLC PLANT WITH WOODY TREE �-� -•�_ %- � `� v SHRUB VEGETATION �` r ,i4" =:. AND COASTAL SEED MIX /i I 'S�• / TREE PROPOSED ARMOR LAYER ®\• Op / /�,0 \ RIPRAP REVETMENT 30" / (SEE DESIGN PLAN) OAK APPRQ)(IMA7 U1wI l OF FLOQO/'LONE VE PER MAP REFERENCE No.2 �- LEGEND '! — 4 — — EXISTING CONTOUR PROPOSED DOCK x -4.3 EXISTING SPOT GRADE ELEVATION NY S D E C APPROVED AS PER TERMS o NEW PILE LOCATION AND CONDITIONS OF PERMIT NO t �"d�(S�' I f DATE -- 30 15 0 30 R E V I S I O N S GRAPHIC SCALE IN FEET PLAN OF PROPOSED DOCK REPLACEMENT i- CME ASSOCIATES Engineering, PREPARED FOR Land Surveying &Architecture, PLLC BETTY EDWAR DS JOHNSON formerly Chandler,Palmer&King 1990 PENINSULA ROAD owM 33 Wilbur Cross Way,Mansfield,CT 06268 FISHERS, ISLAND, NEW YORK 333 East River Drive, East Hartford,CT 06108 DATE: 03/01/171 SCALE: 1"= ,30' 1 SHEET:3 OF 5 JOB-# 20168221. 688-291-3227 1 www.cmeengineering.com NOTE: ALL PILES & FRAME MATERIAL PROPOSED TO BE CCA TIMBER— PROPOSED NEW DOCK-70' LONG X DECKING TO BE RAMP 4' WIDE FIXED DOCK, DOUGLAS FIR OR OPEN 20' RAMP W/RAILS & GRATE (SEE DETAIL—SHEET 5) PROPOSED 8' X 12' FLOAT- 8' X 12' FLOAT TOE OF SLOPE PROPOSED 12" DIA. (10-25-2016) ROCK SLOPE PILE APPROX. HIGH TOP OF BANK 20 APPROX. LOW WATER (10-25-2016) WATER 20 16 16 12 EXISTING TIDAL GRASS—i SANDY BEACH-1 GLADE I 12 8 ELEV. 5.5t 8 AHWL =3.3 0 MLW 4 MHWL= —2 II II od 0 2.5 Lco OI 2 ill, O OII I II II II II II II II II II 1+20 1+00 0+00 PROPOSED DOCK PROFILE NOTE: PROVIDE 18" LEGS AT 4 CORNERS OF FLOAT TO PREVENT FLOAT FROM RESTING ON BOTTOM AT LOW TIDES NYSDEC APPROVED AS PER TERMS PROFILE AND CONDITIONS OF ' SCALE PERMIT NO HOORZ: 1"=20' DATE VERT. 1'=20' R E V I S I O N S PLAN OF PROPOSED DOCK REPLACEMENT CME ASSOCIATES Engineering, PREPARED FOR f(� Land Surveying&Architecture, PLLC BETTY E DINAR D S JOHNSON r( formerly Chandler,Palmer&King 1990 PENINSULA ROADCME ' 33 Wilbur Cross Way,Mansfield,CT 06268 FISHERS ISLAND, NEW YORK 333 East River Drive,East Hartford,CT 06108 DATE: 03/01/17 1 SCALE: 1"= 20' 1 SHEET:4 OF 5 JOB # 2016822 888-291-3227 1 www.cmeengineering.com WOOD PILE (TYP) r - w STRINGER - CROSS MEMBER U H o _ WOOD PILE (TYP) in = - - DECKING w = U - - CROSS MEMBER ® ® i" SPACE (TYP)--IF- 10' (TYP) �� STRINGER CENTER TO CENTER DECKING PLAN VIEW— 4' WIDE DOCK WITH 2" X 8" DECKING um i" SPACE (TYP)--{I- NOT TO SCALE 10' (TYP) CENTER TO CENTER PLAN VIEW— DOCK VTH ,QPEN GRATE DECKING 12" DIA x 8" DECKING 12" DIA PILING PILING IIIIIII II1I ELEV. VARIES I� 111-3" x 1.0" STRINGER II II ELEV. VARIES ML06MCENTER 3" x 8" SPLIT CLAMPW.H.W. M.H.W. M.L.W. 3" x 8" CROSS BRACE M.L.W. NEW PILES 10 FT. MINUMUM CROSS SECTION SIDE VIEW 4' WIDE FIXED DOCK WITH 2" X 8" DECKING NOT TO SCALE 8 12' DECKING DECKING (TYP) STRINGERS (TYP) -A MHW MHWMHW FLOAT V:: FLOAT EXISTING GRADE XIS ING DEC 1.5'tAPPROVED AS PER TERMS END VIEWSIDE VIEW AND CONDITIONS OF PERMIT NO P�_I§OV` T35 11 TYPICAL FLOATING DOCK DATE NOT TO SCALE REVISIONs - _ . DETAILS PLAN OF PROPOSED DOCK REPLACEMENT CME ASSOCIATES Engineering, PREPARED FOR �� Land Surveying & Architecture, PLLC BETTY E DWAR D S JOHNSON formerly Chandler.Palmer&King 1990 PENINSULA ROAD ■ 33 Wilbur Cross Way,Mansfield,CT 06268 FISHERS ISLAND, NEW YORK ICY/I ® 333 East River Drive,East Hartford,CT 06108 DATE: 03/01%17 1 SCALE: NONE SHEET:5 OF 5 JOB # 20168221 888-291-32271 www.cmeengineering.com S,TjVT,I?PF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA ANDREW M. CUOMO 99 WASHINGTON AVENUE GOVERNOR RECE19/E® ALBANY,NY 12231-0001 ROSSANA ROSADO WWW.DOS.NY.GOV SECRETARY OF STATE September 14, 2017 SEP 2 9 2017 Betty Edwards Johnson Southold Town Clerk 7503 Old Bridge Court Sugarland, TX 77479 Re: F-2017-0468 U.S. Army Corps of Engineers/New York District Permit Application - Betty Edwards Johnson - Remove an existing deck, install approximately 110' of rock revetment along eroded bank, remove remains of crib dock and remains of damaged timber dock and construct a 4' x 70' fixed dock, 4' x 20' ramp with rails and a 8' x 12' float with 18" legs at each comer and to install a 2' buffer strip and plant with shrub vegetation and coastal seed mix. West Harbor, Fishers Island. Town of Southold, Suffolk County General Concurrence Dear Ms. Johnson: The Department of State received your Federal Consistency Assessment Form and consistency certification and supporting information for this proposal on May 10, 2017. The Department of State has determined that this proposal meets the Department's general consistency concurrence criteria. Therefore, further review of the proposed activity by the Department of State, and the Department's concurrence with an individual consistency certification for the proposed activity, are not required. This General concurrence is without prejudice to and does not obviate the need to obtain all other applicable license, permits, other forms of authorizations or approvals that may be required pursuant to existing New York State statutes. Specifically, it appears that you may require authorization from the New York State Department of Environmental Conservation (DEC). Please contact the DEC region 1 office to determine if their authorization is required. When communicating with us regarding this matter, please contact us at (518) 474-6000 and refer to our file #F-2017-0468. Sincerely, %r�ey Zap i Supervisor, Consistency Review Unit Office of Planning and Development NEW YORK Department STATE OF OPPORTUNITY. of State F-2�1744,f 8 GC Johnson p.2 JZ/TS/jls ecc: Glenn Just, JMO Environmental Consulting COEMY District— Steve Ryba DEC Region 1 — Laura Scovazzo (1-4738-04535/00001) J.M.O. Environmental Consulting Services September 22, 2017 ERE.CE.LVED 2) 9, 2011, Ms. Lynda M. Rudder ;�i Deputy Town Clerk Tawn, CiCfk Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: Elizabeth Edwards Johnson Coastal Erosion Appeal 1990 Peninsula Road, Fishers Island S.C.T.M.No. 1000-010-3-11 Dear Ms. Rudder: I am writing you regarding the Public Hearing that has been scheduled for this appeal which has been scheduled for October 109 2017 (copy enclosed). For the Town's review and files I have enclosed a copy of the permit for this project which was recently issued by the New York State Department of Environmental Conservation (N.Y.S.D.E.C.) as well as a copy of the "General Concurrence" for the project which was recently issued by the New York State Department of State Coastal Management Program. Please feel free to contact our office at any time should there be any questions or comments regarding this matter. Res lly Gl . J Phone (631) 653-0607 - Email Gjustl 0215@aol.com 121 Jessup Ave - 2nd Floor - P.O. Box 447 Quogue, New York 11959-0447 ELIZABETH A. NEVILLE;MMC ®� ®� Town Hall,53095 Main Road TOWN CLERK �� P.O.Box 1179 610 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS O Fax(631)765-6145 MARRIAGE OFFICER 3 Telephone(631)765-1800V RECORDS MANAGEMENT OFFICER �O� sz, Via® www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 18, 2017 CERTIFIER MAIL Glenn E. Just J.M.O. Environmental Consulting Services 121 Jessup Avenue,2nd Floor Po Box 447 Quogue,NY 11959-0447 RE: Elizabeth Edwards Johnson Coastal Erosion Appeal Dear Mr. Just: Enclosed is a copy of the resolution setting the Public Hearing for the above referenced Coastal Erosion Appeal and a copy of the Public Hearing Notice that will appear in the Suffolk Times,New London Day and various locations on Fishers Island. If you have any question please feel free to contact the Town Clerk's office. Sincerely, k U Lynda M Rudder Deputy Town Clerk encs. cc: Elizabeth Edwards Johnson Town Attorney file _ � 9 71AFeceived I [ ■ Complete items 1,2,and 3. , i ® Print your name and address on the reverse J' 0 Agent so that we can return the card to you. ❑Addressee Attach this card to the back of the mailpiece, ted,Name) C. Date of Delivery or on the front if space permits. j 1.%Article icle Addressed to: D. Is deliv ress different from item 1? 0 Yes l If YES,Mer delivery addtess below: ❑No Mb ! 3 Service Type Q Priority Mail Expresso II I VIII III IfI I II I III� III II I III I I II'II II I IIf El Adult Signature 0 Regstered Mail"" - Adult Signature Restricted Delivery Registered Mail Restricted Q 99 Certified Mml@) Delive 9590 9402 2663 6336 3038 96 Q Certified Mail Restricted Delivery [3Retum Receipt for } - 13 Collect on Delivery Merchandise 2. Article Number(Transfer from service/abeJl Q Collect on Delivery Restricted Delivery 13 Signature ConflrmationT" Q Insured Mad ❑Signature Confirmation 0°10==10 6 0 i;'0001 : 15 7 0 9'8 9 r° Q Insured Mail RestrwtedDelivery e Restricted Delmry (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt^� UA Er e e �� o _ o .a- a o-o r D.' CO g - I� J si�snxC,� � 5; ! ��sl'y `?'..�� , �" �f� f' �%S:u'sU � Y � �t :♦ TES TIF'— Lr) Postage $ 1 LO V rq ®�n y Postage $ 17=1 Certified Fee V C7 d fF- Certified Fee E3 Return Receipt Fee os Pi`� C3 (Endorsement Required) :ew � Return Receipt Fee N 4 Postmark I C3 I3 (Endorsement Required) t�Hele�J i RestrictedDelivery Fee O r3 (Endorsement Required) Restricted Delivery Fee 0 (Endorsement Required) Total Postage&Fees ,1, 3� r=1 C3Total Postage&Fees $ � �� , rq Apr No. .............. - B74;JFTA�%!Ntr��bh� � ' ]vo.. ---- •--___--- ---•-------------------------orPDBox No City S. _ Jj4JJ „....Poe or PO Box Ni ®1 TJP+4 '_'"." ____._�__..____� .u CIN Is,4P+4 x 1 q 1 C(b - i�� `d e.a�pe• 'I�-,G1�uF3�(�p(In�. � _I STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold,New York being duly sworn, says that on the 18th day of September , 2017, a notice of which the annexed printed notice is a true copy was affixed, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County,New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold,New York. PH— 10/10/17 9:00 am- CEA of Betty Edwards Johnson izabeth A. Neville outhold Town Clerk Sworn before me this 18th day of September' , 2017. otary Public LYNDA M.RUDDER Notary Public,State of New York No.OIRU6020932 aualified in Suffolk county commission Expires March a,201 , Neville, Elizabeth From: Neville, Elizabeth Sent: Monday, September 18, 2017 11:19 AM To: 'matthew.chlebus@dec.ny.gov' Subject: Coastal Erosion Appeal Hello Matthew, I have another"Coastal Erosion Appeal " Referral. Once again,the entire application may be viewed on the Town of Southold Website www.southoldtownny.gov on the home page scroll down to the very bottom, middle and click on "Town Records" Weblink/Laserfiche. Click on Town Clerk; Coastal Erosion Appeals;Johnson, Betty Edwards.The entire application is there broken down into folders. The Town of Southold Coastal Erosion Code,Chapter III-25 Appeal to the Board of Review relates to the referral/transmittal of the application to the DEC. This case has been assigned to Assistant Town Please confirm receipt of this CEA. Thank you. Elizabeth A.Neville, MMC Southold Town Clerk,Registrar of Vital Statistics Records Management Officer;FOIL Officer Marriage Officer PO Box 1179 Southold,NY 11971 Tel.631765-1800,Ext.228 Fax 631765-6145 Cell 631466-6064 i Rudder, Lynda From: legals <legals@timesreview.com> Sent: Monday, September 18, 2017 11:32 AM To: Rudder, Lynda Subject: Re: Coastal Erosion Public Hearing Notice Good morning, The legal notice has been scheduled to be published in the 9/21 edition of the Suffolk Times. Thank you and have a great day! Lindsay Denston Assistant Sales Coordinator 631.298.3200 ext. 235 631.354.8032 (direct) 631.298.0410 (fax) Ldenston@timesreview.com www.timesreview.com On 9/18/17 11:26 AM, "Rudder, Lynda" <Ivnda.rudder@town.southold.nv.us> wrote: >Please publish in the 9/21 edition of your paper. >Geb, if you would be so kind as to post this in a few public places on >the Island,thanks. 1 Southold Town Board - Letter Board Meeting of September 12, 2017 ®R"011". RESOLUTION 2017-785 Item# 5.23 ADOPTED DOC ID: 13367 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2017-785 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 12, 2017: RESOLVED the Town Board of the Town of Southold hereby sets Tuesday, October 10, 2017 at 9:00 AM. at the Southold Town Meeting Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing upon the Coastal Erosion Hazard Board of Review Appeal of Betty Edwards Johnson, which seeks relief from Section 111-11(C) and 111-12(D) of the Town Code for removal of existing deck, dock reconstruction and shoreline stabilization within a near shore area in a Coastal Erosion Hazard Area located on property on parcel SCTM# 1000-010-3-11, Betty Edwards Johnson, 190 Peninsula Road, Fishers Island,New York 06390, and directs the Town Clerk to publish notice of such appeal in the Suffolk Times newspaper not less than ten(10) days nor more than thirty (3 0) days prior to such hearing and to notify the applicant by first class mail. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Generated September 18, 2017 Page 32 Southold Town Board- Letter Board Meeting of September 12, 2017 ®R".0". RESOLUTION 2017-785 Item# 5.23 ADOPTED DOC ID: 13367 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2017-785 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 12, 2017: RESOLVED the Town Board of the Town of Southold hereby sets Tuesday, October 10, 2017 at 9:00 AM. at the Southold Town Meeting Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing upon the Coastal Erosion Hazard Board of Review Appeal of Betty Edwards Johnson, which seeks relief from Section 111-11(C) and 111-12(D) of the Town Code for removal of existing deck, dock reconstruction and shoreline stabilization within a near shore area in a Coastal Erosion Hazard Area located on property on parcel SCTM# 1000-010-3-11, Betty Edwards Johnson, 190 Peninsula Road, Fishers Island,New York 06390, and directs the Town Clerk to publish notice of such appeal in the Suffolk Times newspaper not less than ten(10) days nor more than thirty (3 0) days prior to such hearing and to notify the applicant by first class mail. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Generated September 18, 2017 Page 32 t Neville, Elizabeth From: Microsoft Outlook To: 'matthew.chlebus@dec.gov' Sent: Wednesday, September 13, 2017 3:44 PM Subject: Undeliverable: Referral of Coastal Erosion Appals Delivery has failed to these recipients or groups: 'matthew.chlebus@dec.gov' (matthew.chlebus@dec.gov)<mailto:matthew.chlebus@dec.gov> A problem occurred and this message couldn't be delivered. Check to be sure the e-mail address is correct. If the problem continues, please contact your helpdesk. Diagnostic information for administrators: Generating server: SHLDMAIL01.town.southold.ny.us matthew.chlebus@dec.gov #554 5.4.4 SMTPSEND.DNS.Non ExistentDomain; nonexistent domain## Original message headers: Received:from SHLDMAIL01.town.southold.ny.us([10.0.0.19]) by SHLDMAIL01.town.southold.ny.us([10.0.0.19])with mapi id 14.03.0361.001; Wed, 13 Sep 201715:43:49-0400 From: "Neville, Elizabeth"<E.Neville@town.southold.ny.us> To: "'matthew.chlebus@dec.gov"' <matthew.chlebus@dec.gov> Subject: Referral of Coastal Erosion Appals Thread-Topic: Referral of Coastal Erosion Appals Thread-Index:AdMsx9pzEHtKyjydTsuBOacEWWu8Cw== Importance: high X-Priority: 1 Date:Wed, 13 Sep 2017 19:43:48+0000 Message-ID:<D8343E2BEE79C347BEEFDF35C032EC1A15953B7A@SHLDMAIL01.town.southold.ny.us> Accept-Language: en-US Content-Language: en-US X-MS-Has-Attach: X-M S-T N E F-Co rre l a to r: x-originating-ip: [10.0.0.101] Content-Type: multipart/alternative; boundary="_000_D8343E2BEE79C347BEEFDF35C032EC1A15953B7ASHLDMAIL01towns " 1 MIME-Version: 1.0 Referral of Coastal Erasion Ap... z y. . r M Neville, Elizabeth From: Neville, Elizabeth Sent: Tuesday, March 21, 2017 6:28 PM To: 'matthew.chlebus@dec.gov' Subject: Coastal Erosion Appeal Referral Hello Matthew, I have another"Coastal Erosion Appeal"Referral. Once again,the entire application may be viewed on the Town of Southold Website www.southoldtownny.gov on the home page scroll down to the very bottom,middle and click on "Town Records" Weblink/Laserfiche. Click on Town Clerk;Coastal Erosion Appeals;Mattituck Park District.The entire application is there broken down into folders. The Town of Southold Coastal Erosion Code,Chapter III-25 Appeal to the Board of Review relates to the referral/transmittal of the application to the DEC. This case has been assigned to Assistant Town Attorney Damon Hagan 631765-1939. Thank you for your cooperation. Elizabeth A.Neville,MMC Southold Town Clerk&FOIL Officer PO Box 1179 Southold,NY 11971 Tel.631765-1800,Ext.228 Fax 631765-6145 Cell 631466-6064 1 3 i J.M.0. Environmental Consulting Services September 5, 2017 RECEOVEp Elizabeth A. Neville, Town Clerk SEP 8 2011 Town of Southold Southold Town Clerk Town Hall, 53095 Route 25 Southold, NY, 11971 Re: Elizabeth Edwards Johnson 1990 Peninsula Road, Fishers Island S,C.T.M.No. 1000-010-3-11 Dear Ms. Neville: I am writing you in regard to the above noted property and enclosed for your review is the following: 1. Application for Appeal to the Coastal Erosion Hazard Board of review. 2. Cover letter. 3. Letters of Authorization. 4. One set of site photographs and photo key. 5. Copy of the board of Town Trustees Denial. 6. Copy of section of Town of Southold Coastal Erosion Hazard Area law. 7. Copy of section of the New York State Coastal Erosion Hazard Act, "Coastal Erosion Management Regulations. 8. Copy of the application package to the Board of Town Trustees. 9. Copy of Board of Town Trustees Wetlands Permit and copy of U.S. Army Corps of Engineers Permit. Phone (631) 653-0607 • Email Gjust10215@aol.com 121 Jessup Ave • 2nd Floor • P.O."Box 447 Quogue, New York 11959-0447 Please feel free to contact me at any time should you have any questions or comments regarding this matter. Respe t ly, I Gle . Just Neville, Elizabeth From: Neville, Elizabeth Sent: Friday, September 29, 2017 3:40 PM To: Doherty,Jill; Doroski, Bonnie; Duffy, Bill; Ghosio, Bob; Hagan, Damon;Jim Dinizio; Standish, Lauren; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda; Russell, Scott; Silleck, Mary;Tomaszewski, Michelle;William Ruland Cc: Bredemeyer,John; Cantrell, Elizabeth; DiSalvo, Diane; Domino, Michael; Goldsmith, Glenn; Krupski, Nick; Sanders, Charles J. Subject: Addtnl Docs Re; CEA Elizabeth Edwards Johnson Please be advised that following additional documents relating to the Coastal Erosion Appeal of Elizabeth Edwards Johnson and have been added to this file in Laserfiche: (1) NYS DEC Permit recently issued (2) NYS DOS General Concurrence Elizabeth A.Neville, MMC Southold Town Clerk,Registrar of Vital Statistics Records Management Officer;FOIL Officer Marriage Officer PO Box 1179 Southold,NY 11971 Tel.631765-1800,Ext.228 Fax 631765-6145 Cell 631466-6064 1 i J. M.®. Environmental Consulting Services September 22, 2017 RECEIVEp P� 2 9. 201711 , Ms. Lynda M. Rudder Deputy Town Clerk Sm"bWdlawaco'lerk Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: Elizabeth Edwards Johnson Coastal Erosion Appeal 1990 Peninsula Road, Fishers Island S.C.T.M.No. 1000-010-3-11 Dear Ms. Rudder: I am writing you regarding the Public Hearing that has been scheduled for this appeal which has been scheduled for October 10, 2017 (copy enclosed). For the Town's review and files I have enclosed a copy of the permit for this project which was recently issued by the New York State Department of Environmental Conservation (N.Y.S.D.E.C.) as well as a copy of the "General Concurrence" for the project which was recently issued by the New York State Department of State Coastal Management Program. Please feel free to contact our office at any time should there be any questions or comments regarding this matter. RTP G Phone (631) 653-0607 - Email Giust10215@aol.com 121 Jessup Ave - 2nd Floor - P.O. Box 447 Quogue, New York 11959-0447 e4 LEGAL NOTICE NOTICE OF PUBLIC HEARING RESOLVED the Town Board of the Town of Southold hereby sets Tuesday, October 10,2017 at 9:00 AM. at the Southold Town Meeting Hall, 53095 Main Road, Southold,New York as the time and place for a public hearing upon the Coastal Erosion Hazard Board of Review Appeal of Betty Edwards Johnson, which seeks relief from Section 111-11(C) and 111-12(D) of the Town Code for removal of existing deck; dock reconstruction and shoreline stabilization within a near shore area in a Coastal Erosion Hazard Area located on property on parcel SCTM# 1000-010-3-11, Betty Edwards Johnson, 190 Peninsula Road, Fishers Island,New York 06390, and directs the Town Clerk to publish notice of such appeal in_the Suffolk Times newspaper not less than ten(10) days nor more than thirty (3 0) days prior to such hearing and to notify the applicant by first class mail. Dated: September 12, 2017 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Southold Town Clerk Please publish on September 21,2017 and forward one affidavit of publication to Elizabeth A. Neville, Town Clerk, Southold Town Hall, P.O. Box 1179, Southold,NY 11971. Copies to: The Suffolk Times Town Board Town Attorney Trustees Town Clerk Bulletin Board Town Website Betty Edwards Johnson -r ELIZABETH A.NEVILLE; MMC ®a® �� Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 va Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER Q �Q� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK. ` TOWN OF SOUTHOLD September 18, 2017 CERTIFIED MAIL Glenn E. Just J.M.O. Environmental Consulting Services 121 Jessup Avenue,2ad Floor Po Box 447 - Quogue,NY 11959-0447 RE: Elizabeth Edwards Johnson Coastal Erosion Appeal Dear Mr. Just: Enclosed is a copy of the resolution setting the Public Hearing for the above referenced Coastal Erosion Appeal and a copy of the Public Hearing Notice that will appear in the Suffolk Times,New London Day and various locations on Fishers Island. If you have any question please feel free to contact the Town Clerk's office. Sincerely, 1 Lynda M Rudder Deputy Town Clerk encs. cc: Elizabeth Edwards Johnson Town Attorney file Neville, Elizabeth From: Neville, Elizabeth Sent: Friday, September 08, 2017 1:00 PM To: Doherty,Jill; Doroski, Bonnie; Duffy, Bill;Ghosio, Bob; Hagan, Damon;James Dinizio; Lauren Standish; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda (lynda.rudder@town.southold.ny.us); Russell, Scott; Silleck, Mary,Tomaszewski, Michelle; William Ruland Cc: Bredemeyer,John (john.bredemeyer@town.southold.ny.us); Cantrell, Elizabeth; DiSalvo, Diane; Domino, Michael;Goldsmith, Glenn; Krupski, Nick; Sanders, Charles J. Subject: Coastal Erosion Appeals Application Please be advised that an application for a "Coastal Erosion Appeal" on property of Betty Edwards Johnson submitted by JMO Consultants has been received in the Town Clerk's Office today. It may be viewed in its entirety in Laserfiche as follows:Town Clerk; Coastal Erosion Appeals;Johnson, Betty Edwards. Elizabeth A.Neville,MMC Southold Town Clerk,Registrar of Vital Statistics Records Management Officer;FOIL Officer Marriage Officer PO Box 1179 Southold,NY 11971 Tel.631765-1800,Ext.228 Fax 631765-6145 Cell 631466-6064 I 1 * * * RECEIPT * * * Date: 09/08/17 Receipt#: 228376 Quantity Transactions Reference Subtotal 1 Application For Appeal 09082017 $250.00 Total Paid: $250.00 Notes: Payment Type Amount Paid By CK#7798 $25000 Johnson, Elizabeth Edwards Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Johnson, Elizabeth Edwards 1990 Peninsula Road Fishers Island, NY 06390 Clerk ID: BONNIED Internal ID:09082017 i i J.M.0. Environmental Consulting Services September 5, 2017 RECEIVED Elizabeth A. Neville, Town Clerk SEP g 2017 Town of Southold Southold Town Clerk Town Hall, 53095 Route 25 Southold, NY, 11971 Re: Elizabeth Edwards Johnson 1990 Peninsula Road, Fishers Island S,C.T.M.No. 1000-010-3-11 Dear Ms. Neville: I am writing you in regard to the above noted property and enclosed for your review is the following: 1. Application for Appeal to the Coastal Erosion Hazard Board of review. 2. Cover letter. 3. Letters of Authorization. 4. One set of site photographs and photo key. 5. Copy of the board of Town Trustees Denial. 6. Copy of section of Town of Southold Coastal Erosion Hazard Area law. 7. Copy of section of the New York State Coastal Erosion Hazard Act, "Coastal Erosion Management Regulations. 8. Copy of the application package to the Board of Town Trustees. 9. Copy of Board of Town Trustees Wetlands Permit and copy of U.S. Army Corps of Engineers Permit. Phone (631 ) 653-0607 • Email Gjust10215@aol.com 121 Jessup Ave • 2nd Floor • P.O. Box 447 Quogue, New York 11959-0447 Please feel free to contact me at any time should you have any questions or comments regarding this matter. Resp e t ly, I I Gle . Just i J.M.0. Environmental Consulting Services September 5. 2017 RECEIVED Mr. Scott A. Russell, Town Supervisor SES 8 2011, ! ;. Town of Southold .m�. Town Hall Southold Town Clerk P.O. Box 1179 Southold, NY 11971 Re: Coastal Erosion Management Permit Appeal for Betty Edwards Johnson, 1990 Peninsula Road, Fishers Island Dear Mr. Russell: I am writing to the Town Board pursuant to Sections 111-20 and 111-21 of the Town Code, which allow the standards and restrictions of Chapter 111, "Coastal Erosion Hazard Area" to be varied or appealed by the Town Board in their designated capacity as the Coastal Erosion Hazard Board of Review pursuant to Section 111-25. Specifically, we are requesting that the Town Board grant the relief necessary to remove an existing deck; install approximately 110' of rock revetment along eroding bank; remove remains of crib dock and remains of damaged timber dock, and construct a 4' x 70' fixed dock; a 4' x 20' ramp with rails; and an 8' x 12' floating dock with 18" legs at each corner to prevent the float from resting on the bottom at low tide; remove and replace existing embankment stairs to beach; and to install and perpetually maintain a 2' wide buffer strip planted with shrub vegetation and coastal seed mix along the landward edge of the top of the bank at the subject property, where the proposed activity would be located in the "near shore area" and "beach area" of the Coastal Erosion Phone (631) 653-0607 • Email Gjustl 0215@aol.com 121 Jessup Ave • 2nd Floor • P.O. Box 447 Quogue, New York 11959-0447 the "nearshore area" and "beach area" of the Coastal Erosion Hazard Area and was thus denied a Coastal Erosion Management Permit on August 16, 2017 by the Board of Town Trustees pursuant to Section 111-11(C) and Section 111-12(D), as described below. The seaward end of the proposed float dock was staked out for the Trustees inspection of the site which was held on August 9, 2017 and a public hearing on the application was held on August 16, 2017. During the hearing on this matter no neighbors appeared to voice their opinions on this matter and the Trustees voiced no objections. At the conclusion of the hearing the Trustees resolved that the proposed activity was consistent with the Local Waterfront Revitalization Program and voted unanimously to grant the requested Tidal Wetlands Permit. However, the Board of Trustees also determined that they had no choice but to deny the application for a Coastal Erosion Management Permit due to the language of Section 111-11(C)"nearshore area" and 111-12(D)"beach area". Section 111-11(C) states that "all development is prohibited in the nearshore area unless specifically provided for by this chapter. Section 111-12(D) states that "all development is prohibited on beaches unless specifically provided for in this chapter." The Trustees' denial of the requested Coastal Erosion Permit demonstrates in inconsistency between the Town of Southold Coastal Erosion Hazard Area Law and the New York State Coastal Erosion Hazard Area Act and the corresponding "Coastal Erosion Management Regulations" 6NYCRR Part 505 , with respect to the permissibility of constructing a dock and constructing a revetment within the "nearshore area" and "beaches'. Specifically, while Section 505.8(a)(2) of the State regulations similarly stipulates that "all development is prohibited in nearshore areas unless specifically allowed by subdivision 505.8(a)(5) of this Part," which follows, explicitly allows for the construction of docks in a nearshore area pursuant to a Coastal Erosion Management Permit. To wit, "A coastal erosion management permit is required for new construction, modification, or restoration of docks, piers, wharves, groins,jetties, seawalls, bulkheads, breakwaters, revetments, and artificial beach nourishment' ( copy of code enclosed). While Section 505.8(b)(2) of the State regulations similarly stipulates that " all development is prohibited on beaches unless specifically allowed by subdivision 505.8(b)(9) of this Part" which follows, explicitly allows for the construction of revetments in the beach area pursuant to a Coastal Erosion Management Permit. Regardless of the reason for the difference between these two laws, the paragraph from the Town's Coastal Erosion Hazard Law has the effect of precluding the Board of Town Trustees from rendering a decision on the application to "remove an existing deck at bottom of bank; install approximately 110' of rock revetment along eroded bank; remove remains of crib dock and remains of damaged timber dock; and construct a 4'x70' fixed dock; a 4'x20' ramp with rails; and an 8'x12' floating dock with 18" legs at each corner to prevent float from resting on bottom at low tide; remove and replace, existing embankment stairs to beach; and to install and perpetually maintain a 2` wide buffer strip planted with shrub vegetation and coastal seed mix along the landward edge of the top of the bank." in the Coastal Erosion Hazard Area and instead passes that decision making power to the Southold Town Board through the appeal process. As far as the dock is concerned, if a dock is seasonal or has a top surface area of 200 square feet or less, it is considered an unregulated activity that requires no review under Chapter 111, and if the dock is permanent with a top surface area greater than 200 square feet, the Board of Trustees must summarily deny the Chapter 11 application assuming that their interpretation of the Town Code is correct. In the case of the removal of the existing deck; the removal and replacement of the existing embankment stairs; the installation of approximately 110' of rock revetment along an eroded shoreline and the installment and perpetually maintaining a 2'-wide buffer strip planted with shrub vegetation and coastal seed mix along the landward edge of the top of the bank, Chapter 111-6 "Definitions" lists this as a regulated activity. Under 111-11(C) "Nearshore area" "All development is prohibited in near shore areas unless specifically provided for by this chapter" and under 111-12(D) "Beaches" "All development is prohibited on beaches unless specifically provided for by this chapter." Where as section 508.8(a)(5) "Nearshore areas" of the State regulations states that "A coastal erosion management permit is required for new construction, modification or restoration of docks, piers, wharves, groins,jetties, seawalls, bulkheads, breakwaters, revetments and artificial beach nourishment. Docks, piers, wharves or structures built on floats, columns, open timber, piles or similar open-work supports having a top surface area of 200 square feet or less,-or docks, piers, wharves or other structures built on floats and removed in the fall of each year, are exempted from this permit requirement." In section 508.8(b)(9) "Beaches"A coastal erosion management permit is required for new construction, modification or restoration of docks, piers, wharves ,boardwalks, groins,jetties, seawalls, bulkheads, breakwaters, revetments, and artificial beach nourishment. Docks, piers,- wharves or structures built on floats, columns, open timber, piles or similar open-work supports having a top surface area of 200 square feet or less, or docks, piers, wharves or other structures built on floats and removed in the fall of each year, are exempted from this permit requirement." It should also be noted that by finding that a Coastal Erosion Management Permit cannot be issued for this proposed activity "to remove existing deck; install approximately 110' of rock revetment- along eroding bank; remove remains of crib dock and remains of damaged timber dock. And construct a 4' x 70' fixed dock; a 4' x 20' ramp with rails; and an 8' x 12- floating dock with 18' legs at each corner to prevent the float from resting on the bottom at low tide; remove and replace existing embankment stairs to beach; and to install and perpetually maintain a 2' wide buffer strip planted with shrub vegetation and coastal seed mix along the landward edge of the top of the bank." in the Coastal Erosion Hazard Area due to the fact that all development is prohibited in near shore areas and beaches, the Town Trustees have determined that the proposed project constitutes "development" a term that is undefined by Section 111-6. The Town Trustees have denied the applicant's application for a Coastal Erosion Management Permit in accordance with their interpretation of the code as currently written and so we are petitioning the Town Board for relief pursuant to Section 111-20, which allows for the standards and restrictions of Chapter 111 to be varied or modified when it can be demonstrated that strict application of such standards and restrictions may cause practical difficulty or unnecessary hardship, provided the variance criteria set forth in Section 111-20 are met. Accordingly, the applicant are seeking relief from practical difficulty and unnecessary hardship created by their ability to remove an existing deck; install approximately 110' of rock revetment along eroding bank; remove remains of a crib dock, the remains of damaged timber dock and construct a 4' x 70' fixed dock; 4' x 20' ramp with rails; and an 8' x 12' float with 18" legs at each corner to prevent the float from resting on the bottom at low tide; remove and replace existing embankment stairs to the beach; and to install and perpetually maintain a 2' wide buffer strip planted with shrub vegetation and coastal seed mix along the landward edge of the top of the bank. Where the dock would be constructed for the applicant 's private, noncommercial use; the removal of an existing timber deck (approximately 300 square feet); the removal of crib dock and remains of damaged dock and the installation of a rock revetment along an eroded bank which has been designed to protect the subject property from further erosion pursuant to a Coastal Erosion Management Permit, an _ ability that has otherwise been granted to the applicant by the Town of Southold in the form of a Town Wetlands Permit. Coastal Erosion relief should be granted by the Town Board since the variance criteria set forth in Section 111-20 are in fact met by the proposed project: A. No reasonable, prudent, alternative site is available. The dock can of course only be situated in the water along the applicant's shoreline, and anywhere it is placed along the applicant's shoreline will be located in the nearshore area and beach area of the Coastal Erosion Hazard Area. The deck to be removed, the crib dock to be removed and the remains of the damaged dock to be removed are located within the applicant's shoreline which is entirely located within the nearshore area and beach area of the Coastal Erosion Hazard Area. The proposed removal and replacement of the existing embankment stairs to the beach are located within the applicant's shoreline which is entirely located in the nearshore and beach area of the Coastal Erosion Hazard Area. The proposed rock revetment and buffer strip would also be located within the applicant's shoreline which is entirely located within the nearshore area and beach area of the Coastal Erosion Hazard Area. Therefore, there is no alternative location for the proposed project which would not require variance relief pursuant to the Town Trustees' interpretation of the code. B. All responsible means and measures to mitigate adverse impacts on natural systems and their functions and values have been incorporated into the activities design at the property owners expense. The proposed dock would be situated approximately 5' east of the location of the remains of the crib dock and damaged timber dock. The proposed dock would also be located along a historically developed shoreline with two similar docks located within 250' both east and west of the applicant's property and eight similar docks located on the opposite shoreline approximately 300' north of the applicant's property. Due to the these neighboring docking facilities the proposed location of the dock within 5' of the previously existing dock and the absence of submerged aquatic vegetation within the vicinity of the proposed dock , the proposed dock whose catwalk shall utilize "Thru-Flow" decking and untreated timber, would not cause a "fragmentation of ecological communities," result-in the physical loss, degradation, or functional loss of ecological components; or otherwise adversely impact the functions or values of the surrounding natural systems, including the wetlands or tidal waters of the Town. The removal of the existing deck (approximately 300 square feet), the remains of the crib dock and the remains of the damaged dock would serve to mitigate the adverse impacts of these structures upon natural systems and their functions. The proposed rock revetment-and buffer strip will not result in the physical loss, degradation, or functional loss of ecological components; or otherwise adversely impact the functions or values of the surrounding natural systems, including the wetlands or tidal waters of the Town. C. The development will be reasonably safe from flood and erosion damage. Although located in the Coastal Erosion Hazard Area, the dock is proposed in a well enough protected area where there are ten similar docks located near by this developed shoreline that have been maintained for many years. The proposed rock revetment, located in the Coastal Erosion Hazard Area will be reasonably safe from flood and erosion damage. The purpose of the construction of the rock revetment is to protect the uplands portion of the applicant's property from flood and erosion damage. The proposed removal of the existing deck (approximately 300 square feet), the remains of the crib dock and the remains of the damaged dock should not be deemed "development" and it is felt that this portion of the project is not applicable in this case. The removal and replacement of the embankment stairs to the beach would also be reasonably safe from flood and erosion damage given the fact that the stairs have been in existence for a long period of time. D. The variance requested is the minimum necessary to overcome the practical difficulty or hardship which was the basis for the requested variance. As discussed with the Board of Trustees, the dock has been designed with the minimum length necessary to reach safe, navigable water depths at high tide and the float dock has been designed to have 18" legs at each corner to prevent the float from' resting on the bottom at low tide, the removal of the existing deck (approximately 300 "square feet), the remains of the crib dock and the remains of the damaged dock should be not be deemed "development" and it is felt that this portion of the project is not applicable in this case. The removal and replacement of the existing embankment stairs to the beach is the reasonable and necessary for access to the beach. E. Where public funds are utilized, the public benefits must clearly outweigh the long-term adverse effects. Public funds will not be utilized in connection with this privately sponsored project. In addition to meeting these variance criteria, the project also meets the criteria for issuance of a Coastal Erosion Management Permit as set forth by Section 111-9 because a) the proposed dock is reasonable and necessary considering reasonable alternatives and the extent to which it requires a shoreline location, as the dock is the only means--by which to provide safe, private, dockage for this residential waterfront property and would be consistent in nature and location with surrounding permitted dockage facilities; b) the proposed dock will not cause an increase in erosion at the proposed site or at other locations or adjacent sites; and c) the proposed dock will create no adverse effects on natural protective features and their functions and protective values or existing erosion protection structures and natural resources. The proposed removal and replacement of the existing embankment stairs to the beach also meets the criteria for issuance of a Coastal Erosion Hazard Area Permit as set forth by Section 111-9 because a) the embankment stairs to the beach are necessary for safely accessing the beach for this residential waterfront property and would be consistent in nature and location with adjacent sites b) the embankment stairs will not cause an increase in erosion at the it's proposed location or at other locations or adjacent sites; and c) the embankment stairs will create no adverse effects on natural protective features and their functions and protective values or existing erosion protection structures and natural resources. The proposed rock revetment and vegetated buffer strip also meets the criteria for issuance of a Coastal Erosion Hazard Area Permit as set forth by Section 111-9 because a) the proposed rock revetment and vegetated buffer strip is reasonable and necessary considering reasonable alternatives such as a bulkhead and the extent to which it requires a shoreline location, as the rock revetment and vegetated buffer strip is the only means other than installing a bulkhead that provides protection for the upland portion of the property for this waterfront parcel and would be consistent with adjacent and near by properties that have installed similar rock revetments; b) the proposed rock revetment and vegetated buffer strip will not cause an increase in erosion at the proposed site or at other locations or adjacent sites; and c) the proposed rock revetment and vegetated buffer strip will create no adverse effects on protective features and their functions and protective values or existing erosion protection structures and natural resources. The proposed removal of the existing deck (approximately 300 square feet), the removal of the remaining crib dock and the removal of the remains of the damaged dock also meets the criteria for issuance of a Coastal Erosion Hazard Permit as set forth by Section 111-9 because a) there are no reasonable alternatives for removing this debris from .the waterway: b) the removal of this debris will not cause an increase in erosion at the proposed site or at any other locations or adjacent sites; and c) the removal of the debris will create no adverse effects on natural protective features and their functions and protective value on existing erosion protection structures and natural resources. Based on these factors, we respectfully request that the Town Board grant the variance which will allow construction of the dock as it has been proposed and otherwise approved by the Board of Town Trustee sand the U.S. Army Corps of Engineers, with a permit pending with the New York State Department of Environmental Conservation and copies of those approvals enclosed for your review. Should you have any questions or comments or require additional information from me in support of this request, please feel free to contact me at any time. Most resp 1 , G enn E. Just J RECEIVED SEP 8 2017 TOWN OF SOUTHOLD APPLICATION FOR APPEAL TO Southold Town Clerk THE COASTAL EROSION HAZARD BOARD OF REVIEW DATE 9/6/17 NAME OF APPLICANT: Betty Edaards Johnson ADDRESS:7503 Old Bridge Ct. , Sugarland, TX 77479 DATE OF DECISION APPEALED FROM August 16, 2 017 SPECIFIC CHAPTER/SECTION INVOLVED Chapter 111 -11 (C)& 111 -12 (D) THE ALLEGED ERRORS IN THE DETERMINATION ARE: Please see attached INTERPRETATION THAT IS CLAIMED TO BE CORRECT: Please see attached RELIEF SOUGHT: Please see attached project description *COPY OF THE ENTIRE BOARD OF TRUSTEE FILE INCLUDING ANY RELEVANT M S MUST BE TTACHED TO THIS APPEAL SIGNAr OF AP ANT Project Description For Betty Edwards Johnson 1990 Peninsula Road, Fishers Island S.C.T.M.No 1000-010-3-11 Applicant proposes to remove an existing deck (approximately 300 square feet); install approximately 110' of rock revetment along eroding bank; remove remains of crib dock and remains of damaged timber dock, and construct a 4' x 70' fixed dock; 4' x 20' ramp with rails; and an 8' x 12' floating dock with 18" legs at each corner to prevent the float from resting on the bottom at low tide; remove and replace existing embankment stairs to the beach; and to install and perpetually maintain a 2' wide buffer strip planted with shrub vegetation and coastal seed mix along the landward edge of the top of the bank. RECEIVED 1 J.M.09 SEP ! 2 8 017, .. , . Environmental Consulting Services Southold Touvn Clerk i To whom it may concern: i Please be advised that we have authorized the-firm. of J.M.O. Environmental Consulting Services to act as our agent on our behalf in applying for certain approvals through your agency and others involved with this project. J.M.O. Consulting Services has been retained to coordinate all approvals necessary through your and other involved agencies, as well as our architect, engineer and contractors. We request that all communications, correspondences, notices, approvals and calls be addressed directly to the offices of J.M.O. Environmental Consulting Services. Signature Dated 2D� ? Phone (631) 653-0607 a Fax (631) 653-3348 121 Jessup Ave e 2nd Floor e P.O. Box 447 Quogue, New York 11959-0447 a - Board of Trustees Application AFFIDAVIT BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMITS)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 SWORN TO BEFORE ME THIS DAY OF �,20 7 Notary Public Any i ANN P LAMBERT by Commission Expires July 29,2018 Board of Trustees Application AUTHORIZATION (where the applicant is not the owner) I,� GuC �15(13t_-residing at (print name of owner of property) (mailing address) do hereby authorize — (Agent) JMO Environmental Consulting _to apply for permit(s)from the Southold Board of Town Trustees on my behalf. (4 &s signature) APPJLICANVAGENTMEPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The_Tot%%of Southold'c Code of Elhics_pmliibils conflicts ofintelest on tl_io�ut of town ofticcrs and emptoyices.The nqu of this form is to nmvide information which can nlert tlic town of possible conflicts of imerest and allow it to take whatever action Is necessary to avoid sarn r YOUR NAME: (Last name,first name,*iddle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance _ Building Variance Trustee Change of Zone Coastal Erosion Approval of plat _� Mooring Exemption from plat or official map _ Planning _ Other (If"Other•,name the activity.) - Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship.with uny oflieer or employee of the'I own of SouU►old? "Relationship"includes by blood,niletage,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 off icer or employee owns more than 5%of the shares. YES _ NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by die T Nvn of Southold <&Tt" _ �� J Title or position of that person ( 52r J Describe tho relationship between yourself(the applicantingent/representadve)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater than 5%of the shares of Clic corporate stock of the ripplic.4int (when the applicant is a corporation); B)the legal or beneficial owner of any interest in a tion-corpordtc entity{when(lie applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP r Submitted this -/ day of 219x Signature Print Name S `/D�'1h5f1YL Form TS 1 Photo Key 1. Google aerial of project site 2. View to south depicting existing single family dwelling, deck to be removed and embankment stairs to be removed and replaced. 3. View to southeast depicting deck to be removed. 4. View to west depicting deck to be removed and existing damaged dock. 5. View to east depicting deck to be removed, existing damaged Dock and adjacent dock. 6. View to northeast depicting damaged dock and adjacent dock. 7. View to south depicting deck to be removed and embankment stairs to be removed and replaced. • —2.4x —1.8 P R x —1.6 \A x —2.4 REMOVE .�� REMAINS OF F� ROCK OLD CRIB �— 1.3 x po TOE OF SLOPE X -1.8 (10-25-2016) \ REMOVE —1.0 APPARENT HIGH \ METAL POSTS—/-0.8 x X —0 6 WATER LINE (AHWL) rr jl 4X4 POSTS x —0.1 i ELEV.=3.3 TOP OF BANK REMOVE \ >� (TYP.)�` �'� S (10-25-2016) '` COASTAL EROSION �,r„ REMAINS OF DAMAGED_ �\�PL HAZARD UNE—SHEET O �� WOODEN DOC CK ( 47—Fl OF 49 0 - �'"' TREE ES��\ /� ) BENCH MARK— ^ \\ IRON ROD— r (TYP.) �r� •,• / / l ELEV. 10.97 ' BASE— MLW ini p` ;r� PSS /. �r� �` \ � �` 1•\ .2 _ LIMITS OF „—, G ` TIDAL WETLANDS \O /p�� 12 O��FK N N APPARENT HIGH WATER LINE (AHWL) / .c,P� °� —12 ELEV.=3.3 TOE OF_SLOPE EXISTING cr T (10-25-2016) RESIDENCE o c, CHER NIF �s TREE �ti J "^ f � •' . CONCH OUT LLC '� = �;`�`< � °� TREE, 14" TREEW �i 30" OAK APPROXIMATE LIMlTs l OF FLO ZONE VE � PER MAP REFERENCE No.2 �� LEGEND EXISTING CONDITIONS — 4 — — EXISTING CONTOUR x —4.3 EXISTING SPOT GRADE ELEVATION 3 REVISION S 0 15 0 30 GRAPHIC SCALE IN FEET PLAN OF PROPOSED DOCK REPLACEMENT CME ASSOCIATES Engineering, PREPARED FOR �� Land Surveying &Architecture, PLLC BETTY E DWAR D S JOHNSON 1( formerly Chandler.Palmer&King 1990 PENINSULA ROAD � 33 Wilbur Cross Way,Mansfield,CT 06268 � ��rr FISHERS ISLAND, NEW YORK _ 333 East River Drive,East Hartford,CT 06108 DATE: 03/01/17 'SCALE: 1"=30' SHEET:2 OF 5 JOB # 2106822 888-291-32271 www.cmeengineering.com oogle Maps nt[psa www.�uv��c.�.,=�_�.__��>�-�• •- > Go gle Maps .f Goo le Imagery©2017 New York GIS,Map data©2017 Google United States 20 ft 9/1/2017, 1:18 PM IofI • a. :• `' ' t ( ��,�, .'YF it .' ,•' a•. 1, "% :A } + .c .�' + ' ':., :007 � E �� .� • '�!F ' � • 'I' •,tw �, � i a '� r'♦ as "' tr-t ► '"rv7 I• �^ 'T'' yIN l" . k. 4 • 6 4A Pt IF v a J� A • ` h a' i iw w f4tR� a T�rM14F of It ' a "g, + f a _ r �1� s4 � ,�M1�� •�pp K, • � � ,.. ;n:" �t�'�. 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'•d. �" + ��. ..r.. 189 `� !,w • '/,' y � 46 Yi . ,. .. x' e s ALO jv 3 dock; a 4'x20' ramp with rails; and an 8'x12' floating dock with 18" legs at each comer to prevent float from resting on bottom at low tide to be impermissible under Chapter 111; and, BE IT FURTHER, RESOLVED, that for the foregoing reasons,the Board of Trustees DENIES the Coastal Erosion Permit application of ELIZABETH A. E. JOHNSON to remove an existing deck at bottom of bank; install approximately 1-10' of rock revetment along eroded bank; remove remains of crib dock and remains of damaged timber dock, and construct a 4'x70' fixed dock; a 4'x20'"ramp with rails; and an 8'x12' floating dock with 18" legs at each corner to prevent float from resting on bottom at low tide; remove and replace existing embankment stairs to beach; and to install and perpetually maintain a 2' wide buffer.strip planted with shrub vegetation and coastal seed mix along the landward edge of the top of the bank; and as depicted on the Proposed Shore Protection Site Plan prepared by CME Associates Engineering, Land Surveying &Architecture, PLLC, last dated March 1, 2017, and stamped approved on August 16, 2017, and also as depicted on the Proposed Dock Replacement Site Plan prepared by CME Associates Engineering, Land Surveying &Architecture, PLLC, last dated March 1, 2017, and stamped approved on August 16, 2017. This determination should not be considered a determination made for any other Department or Agency, which may also have an application pending for the same or similar project. Very truly yours, RECEIVED SEP 8 2017 Michael J. Domino President,Board of Trustees Southold Town Clerk MJD/eac Town of Southold,NY General Provisions http://ecode360.com/5157861 Chapterilt CoastatDosnon Hazard Areas Article I: General Provisions §111-1 Enactment. Pursuant to the provisions of Article 34 of the New York State Environmental Conservation Law and§to of the Municipal Home Rule Law,the Town of Southold,County of Suffolk,State of New York,hereby enacts,by L.L.No.24-1991,this chapter. §111-2 Title. This chapter shall be known and may be cited as the"Town of Southold Coastal Erosion Hazard Area Law." §111-3 When effective. This chapter shall take effect 20 calendar days from the date of this chapter's adoption and filing pursuant to§27 of the Municipal Home Rule Law or the date of filing the official maps,whichever is later. §111-4 Purpose. The Town of Southold hereby assumes the responsibility and authority to implement and administer a Coastal Erosion Management Program within its jurisdiction pursuant to Article 34 of the New York State Environmental Conservation Law.In addition,it is the purpose of this chapter to: A. Establish standards and procedures for minimizing and preventing damage to structures from coastal flooding and erosion and to protect natural protective features and other natural resources. B. Regulate,in coastal areas subject to coastal flooding and erosion,land use and development activities so as to minimize or prevent damage or destruction to man-made property,natural protective features and other natural resources and to protect human life. C. Regulate new construction or placement of structures in order to place them a safe distance from areas of active erosion and the impact of coastal storms to ensure that these structures are not prematurely destroyed or damaged due to improper siting,as well as to prevent damage to natural protective features and other natural resources. D. Restrict public investment in services,facilities or activities which are likely to encourage new permanent development in erosion hazard areas. E. Regulate the construction of erosion protection structures in coastal areas subject to serious erosion to assure that when the construction of erosion protection structures is justified,their construction and operation will minimize or prevent damage or destruction to man-made property,private and public property,natural protective features and other natural resources. §111-5 Findings. The Town of Southold finds that the coastal erosion hazard area: A. Is prone to erosion from the action of the Long Island Sound,Gardiners Bay,Long Beach Bay and Orient Harbor.Such erosion may be caused by the action of waves, currents running along the shore and wind-driven water and ice.Such areas are also prone to erosion caused by the wind,runoff of rainwater along the surface of the land or groundwater seepage,as well as by human activities such as construction,navigation and certain forms of recreation. B. Experiences coastal erosion which causes extensive damage to publicly and privately owned property and to natural resources,as well as endangers human lives.When this occurs,individuals and private businesses suffer significant economic losses,as do the Town and the state,either directly through property damage or indirectly through loss of economic return.Large public expenditures may also be necessitated for the removal of debris and damaged structures and replacement of essential public facilities and services. C. Experiences erosion-related problems that are often contributed to by building without considering the potential for damage to property,by undertaking activities which destroy natural protective features such as dunes or vegetation,by budding structures intended for erosion prevention which may exacerbate erosion conditions on adjacent or nearby property and by water action produced by wakes from boats D. Is the subject of programs which foster erosion protection structures,either with private or public funds,which are costly,often only partially effective over time and may even be harmful to adjacent or nearby properties.In some sections of the Town of Southold,major erosion protection structures of great length would be required to effectively reduce future damages due to erosion. §111-6 Definitions. The following terms,as used in the chapter,shall have the meanings indicated,unless the context clearly requires otherwise: ADMINISTRATOR The local officials responsible for administrating and enforcing this chapter.The Southold Town Board of Trustees is hereby designated as the"Administrator."The Administrator designates the Southold Town Police Department,the Bay Constables and the Office of Code Enforcement as responsible for the enforcement of this chapter. [Amended 1-29-2013 by L L.No 1-2013] BEACH The zone of unconsolidated earth that extends landward from the mean low-water line to the waterward toe of a dune or bluff,whichever is most waterward.Where no dune or bluff exists landward of a beach,the landward limit of a beach is loo feet landward from the place where there is a marked change in material or physiographic form or from the line of permanent vegetation,whichever is most waterward.Shorelands subject to seasonal or more frequent overwash or inundation are considered to be beaches" BLUFF Any bank or cliff with a precipitous or steeply sloped face adjoining a beach or a body of water.The waterward limit of a bluff is the landward limit of its waterward natural protective feature.Where no beach is present,the waterward limit of a bluff is mean low water.The landward limit is 25 feet landward of the receding edge or,in those cases where there is no discernible line of active erosion,25 feet landward of the point of inflection on the top of the bluff.The"point of inflection"is that point along the top of the bluff where the trend of the land slope changes to begin its descent to the shoreline 1 of 3 9/5/2017,5:25 PM Town of Southold,NY General Provisions http://ecode360.com/5157861 COASTAL EROSION HAZARD AREA MAP The final map and any amendments thereof issued by the Commissioner of the New York State Department of Environmental Conservation,which delineates boundaries of coastal erosion hazard areas subject to regulation under this chapter. COASTAL WATERS Long Island Sound and its connecting water bodies,bays,harbors,shallows and marshes. COASTLINE The lands adjacent to the Town of Southold's coastal waters. DEBRIS LINE A linear accumulation of waterborne debris deposited on a beach by storm induced high water or by wave action. DUNE A ridge or hill of loose,windblown or artificially placed earth,the principal component of which is sand. EROSION The loss or displacement of land along the coastline due to the action of waves,currents,wind-driven water,waterborne ice or other impacts of storms.It also means the loss or displacement of land due to the action of wind,runoff of surface waters or groundwaters,or groundwater seepage. EROSION HAZARD AREA An area of the coastline which is a structural hazard area or a natural protective feature area. EROSION PROTECTION STRUCTURE A structure specifically designed to reduce or prevent erosion,such as a groin,jetty,revetment,breakwater or artificial beach nourishment project. EXISTING STRUCTURE A structure and appurtenances in existence,or one where construction has commenced,or one where construction has not begun but for which a building permit has been issued prior to the effective date of the chapter. GRADING A redistribution of sand or other unconsolidated earth to effect a change in profile. LIVABLE FLOOR AREA All spaces within the exterior walls of a dwelling unit,exclusive of garages,breezeways,unheated porches,cellars,heater rooms and approved basements having a window area of less than io%of the square-foot area of the room.Usable floor area shall include all spaces not otherwise excluded above,such as principal rooms,utility rooms, bathrooms,all closets and hallways opening directly into any rooms within the dwelling unit. [Added 1-29-2013 by L L No.1-2013] MAJOR ADDITION An addition to a principal building resulting in a twenty-five-percent or greater increase in the building footprint of the principal building,other than an erosion protection structure or a pier,dock or wharf.The increase will be calculated as the proposed livable floor area,including any additions to the principal building constructed as of the enactment date of this chapter,divided by the livable floor area of the existing principal building. [Amended 1-29-2013 by L L.No 1-2013] MEAN LOW WATER The approximate average low-water level for a given body of water at a given location,determined by reference to hydrological information concerning water levels or other appropriate tests. MOVABLESTRUCTURE A structure designed and constructed to be readily relocated with minimum disruption of the intended use.Mobile homes and structures built on skids or piles and which do not have a permanent foundation are examples of"movable structures." NATURAL PROTECTIVE FEATURE A nearshore area,beach,bluff,primary dune,secondary dune,wetland or marsh and its vegetation. [Amended 1-29-2013 by L L.No 1-2013] NATURAL PROTECTIVE FEATURE AREA A land and/or water area containing natural protective features the alteration of which might reduce or destroy the protection afforded other lands against erosion or high water or lower the reserve of sand or other natural materials available to replenish storm losses through natural processes. NEARSHORE AREA Those lands under water beginning at the near low-water line and extending waterward in a direction perpendicular to the shoreline to a point where mean low-water depth is is feet or to a horizontal distance of t,000 feet from the mean low-water line,whichever is greater. NORMAL MAINTENANCE Periodic replacement or repair of same-kind structural elements or protective coatings which do not change the size,design or function of a functioning structure.A "functioning structure"is one which is fully performing as originally designed at the time that normal maintenance is scheduled to begin.'Normal maintenance"of a structure does not require a coastal erosion management permit. PERSON Any individual,public or private corporation,political subdivision,government agency,public improvement district,partnership,association,firm,trust,estate or any other legal entity whatsoever. PRIMARY DUNE The most waterward major dune where there are two or more parallel dunes within a coastal area.Where there is only one dune present,it is the"primary"one. Occasionally one or more relatively small dune formations exist waterward of the primary dune.These smaller formations will be considered to be part of the"primary dune"for the purposes of this chapter.The waterward limit of a primary dune is the landward limit of its fronting beach.The landward limit of the primary dune is 25 feet landward of its landward toe. PRINCIPAL BUILDING A building in which is conducted the main or principal use of the lot on which said building is located. 2 of 3 9/5/2017,5:25 PM Town of Southold,NY General Provisions http://ecode360.com/5157861 [Added 1-29-2013 by L L No.1-2013] RECEDING EDGE The most landward line of active erosion or,in cases where there is no discernible line of active erosion,the most waterward line of permanent vegetation. RECESSION RATE The rate,expressed in feet per year,at which an eroding shoreline moves landward. REGULATED ACTIVITY The construction,modification,restoration or placement of a structure,or major addition to a structure,or any action or use of land which materially alters the condition of land,including grading,excavating,dumping,mining,dredging,filling or other disturbance of sod. RESTORATION The reconstruction without modification of a structure,the cost of which equals or exceeds So%of the estimated full replacement cost of the structure at the time of restoration.Modifications,however,may be allowed if they do not exceed preexisting size limits and are intended to mitigate impacts to natural protective features and other natural resources. SECONDARY DUNE The major dune immediately landward of the primary dune.The waterward limit of a secondary dune is the landward limit of its fronting primary dune.The landward limit of a'secondary dune"is 25 feet landward of its landward toe. SIGNIFICANT FISH AND WILDLIFE HABITAT Those habitats which are essential to the survival of a large portion of a particular fish or wildlife population;support rare or endangered species;are found at a very low frequency within a geographic area;support fish or wildlife populations having significant commercial or recreational value;or that would be difficult or impossible to replace STRUCTURAL HAZARD AREA Those shorelands located landward of natural protective features and having shorelines receding at a long-term average recession rate of one foot or more peryear.The inland boundary of a'structural hazard area'is calculated by starting at the landward limit of the fronting natural protective feature and measuring along a line perpendicular to the shoreline a horizontal distance landward which is 40 times the long-term average annual recession rate. STRUCTURE Any object constructed,installed or placed in,on or under land or water,including but not limited to a building;permanent shed;deck,in-ground and aboveground pool; garage;mobile home;road;public service distribution,transmission or collection system;tank;dock;pier;wharf,groin,jetty;seawall;bulkhead;breakwater;revetment; artificial beach nourishment,or any addition to or alteration of the same. TOE The lowest surface point on a slope face of a dune or bluff. UNREGULATED ACTIVITY Excepted activities which are not regulated by this chapter include,but are not limited to,elevated walkways or stairways constructed solely for pedestrian use and built by an individual property owner for the limited purpose of providing noncommercial access to the beach;docks,piers,wharves or structures built on floats,columns, open timber piles or other similar openwork supports with a top surface area of less than 200 square feet or which are removed in the fall of each year;normal beach grooming or cleanup;maintenance of structures when normal and customary and/or in compliance with an approved maintenance program;setup and maintenance of temporary wildlife protective structures;planting vegetation and sand fencing so as to stabilize or entrap sand in primary dune and secondary dune areas in order to maintain or increase the height and width of dunes;routine agricultural operations,including cultivation or harvesting;and the implementation of practices recommended in a soil and water conservation plan as defined in§3,Subdivision(12),of the Soil and Water Conservation Districts Law;provided,however,that agricultural operations and implementation of practices will not be construed to include any activity that involves the construction or placement of a structure. [Amended 1-29-2013 by L L No 1-2013] VEGETATION Plant life capable of surviving and successfully reproducing in the area or region and which is compatible with the environment of the coastal erosion hazard area WILDLIFE PROTECTIVE STRUCTURES Structures,temporary in nature,used for the sole purpose of protecting the nesting and habitat of wildlife species. [Added 1-29-2013 by L L No 1-2013] 3 of 3 9/5/2017,5:25 PM Town of Southold,NY Regulations http://ecode360.com/5157952 Chapter 111 Coastal Eiosion Hazard areas Article II:Regulations §1117 Establishment. The coastal erosion hazard area is hereby established to classify land and water areas within the Town of Southold based upon shoreline recession rates or the location of natural protective features.The boundaries of the area are established on the final map prepared by the New York State Department of Environmental Conservation under §34-0104 of the New York State Environmental Conservation Law and entitled the"Coastal Erosion Hazard Area Map of the Town of Southold,'including all amendments made thereto by the Commissioner of the New York State Department of Environmental Conservation pursuant to§34-0104 of the New York State Environmental Conservation Law. §111-8 Permit required for regulated activities. No person may engage in any regulated activity in an erosion hazard area as depicted on the Coastal Erosion Hazard Area Map of the Town of Southold,as amended,without first obtaining a coastal erosion management permit.No coastal erosion management permit is required for unregulated activities. §111-9 Issuance of permit. A coastal erosion management permit will be issued only with a finding by the Administrator that the proposed regulated activity: 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. §111-10 Structural hazard area. The following restrictions apply to regulated activities within structural hazard areas- A. A coastal erosion management permit is required for the installation of public service distribution,transmission or collection systems for gas,electricity,water or wastewater,and cable service Systems installed along the shoreline must be located landward of the shoreline structures. [Amended 1-29-2013 by L.L No 1-2013] B. The construction of nonmovable structures or placement of major nonmovable additions to an existing structure is prohibited. C. Permanent foundations may not be attached to movable structures,and any temporary foundations are to be removed at the time the structure is moved.Below-grade footings will be allowed if satisfactory provisions are made for their removal. D. No movable structure may be located closer to the landward limit of a bluff than 25 feet. E. No movable structure may be placed or constructed such that according to accepted engineering practice,its weight places excessive groundloading on a bluff. F. Plans for landward relocation of movable structures must be included with each application for a permit.Movable structures which have been located within a structural hazard area pursuant to a coastal erosion management permit must be removed before any part of the structure is within 10 feet of the receding edge.The last owner of record,as shown on the latest assessment roll,is responsible for removing that structure and its foundation,unless a removal agreement was attached to the original coastal erosion management permit.With the attachment of a removal agreement to the coastal erosion management permit,the landowner or the signatory is, responsible for the landward relocation of movable structures.Removal agreements may be made when the last owner of record and the owner of the structure are different,with the approval of the Town at the time the permit is issued. G. Debris from the structural damage which may occur as a result of sudden unanticipated bluff edge failure,dune migration or wave or ice action must be removed within 6o days of the damaging event. H. Any grading,excavation or other sod disturbance conducted within a structural hazard area must not direct surface water runoff over a bluff face. §111-11 Nearshore area. Nearshore areas dissipate a substantial amount of wave energy before it is expended on beaches,bluffs or dunes by causing waves to collapse or break.Nearshore areas also function as reservoirs of sand,gravel and other unconsolidated material for beaches.Sandbars,which are located in nearshore areas,control the orientation'of incoming waves and promote the development of ice cap formations which help protect shorelines during winter storms.The roots of aquatic vegetation in nearshore areas bind fine grained silts,clays and organic matter to form a fairly cohesive bottom that resists erosion.The following restrictions apply to regulated activities in nearshore areas: A. Excavating,grading,mining or dredging which diminishes the erosion protection afforded by nearshore areas is prohibited, except construction or maintenance of navigation channels,bypassing sand around natural and man-made obstructions and artificial beach nourishment,all of which require a coastal erosion management permit B. Clean sand or gravel of an equivalent or slightly larger grain size is the only material which may be deposited within nearshore areas and requires a coastal erosion management permit. [Amended 1-29-2013 by L.L No 1-2013] C. All development is prohibited in nearshore areas unless specifically provided for by this chapter. §111-12 Beach area. Beaches buffer shorelands from erosion by absorbing wave energy that otherwise would be expended on the toes of bluffs or dunes.Beaches that are high and wide protect shorelands from erosion more effectively than beaches that are low or narrow.Beaches also act as reservoirs of sand or other unconsolidated material for longshore littoral transport and offshore sandbar and shoal formation.The following restrictions apply to regulated activities in beach areas- A. Excavating,grading or mining which diminishes the erosion protection afforded by beaches is prohibited. B. Clean sand or gravel of an equivalent or slightly larger grain size is the only material which may be deposited within beach areas Any deposition will require a coastal 1 of 3 Town of Southold,NY Regulations http://ecode360.com/5157952' erosion management permit,which may be issued only for expansion or stabilization of beaches. C. Active bird nesting and breeding areas must not be disturbed unless such disturbance is pursuant to a specific wildlife management activity approved,in writing,by the New York State Department of Environmental Conservation. [Amended 1-29-2013 by L L No 1-2013] D. All development is prohibited on beaches unless specifically provided for by this chapter. §111-13 Dune area. Dunes prevent overtopping and store sand for coastal processes High,vegetated dunes provide a greater degree of protection than low,unvegetated ones.Dunes are of the greatest protective value during conditions of storm-induced high water Because dunes often protect some of the most biologically productive areas as well as developed coastal areas,their protective value is especially great.The key to maintaining a stable dune system is the establishment and maintenance of beachgrass or other vegetation on the dunes and assurance of a supply of nourishment sand to the dunes.The following restrictions apply to regulated activities in dune areas: A. In primary dune areas: (1) Excavating,grading or mining of primary dunes is prohibited. (2) Clean sand of a compatible type and size is the only material which may be deposited.Any deposition requires a coastal erosion management permit. (3) All depositions must be vegetatively stabilized using species tolerant of the conditions at the site and must be placed so as to increase the size of,or restore,a dune or dune area. (4) Active bird nesting and breeding areas must not be disturbed,unless such disturbance is pursuant to a specific wildlife management activity approved,in writing,by the Department. (5) Nonmaior additions to existing structures are allowed on primary dunes pursuant to a coastal erosion management permit and subject to permit conditions concerning the location,design and potential impacts of the structure on the primary dune. (6) Stone revetments or other erosion protection structures compatible with primary dunes will only be allowed at the waterward toe of primary dunes and must not interfere with the exchange of sand between primary dunes and their fronting beaches. B. In secondary dune areas: (t) All depositions must be of clean sand of a compatible type and size,and all grading must be performed so as to increase the size of,or restore,a dune or former dune area. (2) Excavating,grading or mining must not diminish the erosion protection afforded by them. (3) Nonmajor additions to existing structures are allowed on secondary dunes pursuant to a coastal erosion management permit. (4) Permitted construction,reconstruction,restoration or modifications must be built on adequately anchored pilings such that at least three feet of open space exists between the floor joists and the surface of the secondary dune;and the permitted activity must leave the space below the lowest horizontal structural members free of obstructions C. All other activities and developments in dune areas are prohibited unless specifically provided for by this chapter D. The restrictions of§111-16,Traffic control,apply to dune areas §111-14 Bluff area. Bluffs protect shorelands and coastal development by absorbing the often destructive energy of open water Bluffs are a source of depositional material for beaches and other unconsolidated natural protective features. A. The following activities are prohibited on bluffs- (1) Excavating or mining,except when in conjunction with conditions stated in a coastal erosion management permit issued for minor alterations in construction of an erosion protection structure or for provision of shoreline access (2) The restrictions of§111-16,Traffic control,apply to bluffs. (3) All development unless specifically allowed by§111-14B of this chapter. (4) Disturbance of active bird nesting and breeding areas,unless such disturbance is pursuant to a specific wildlife management activity approved,in writing,by the New York State Department of Environmental Conservation. [Amended 1-29-2013 by L L No.1-2013] (s) Soil disturbance that directs surface water runoff over a bluff face. B. Activities specifically allowed under this section are: (t) Minor alteration of a bluff done in accordance with conditions stated in a coastal erosion management permit issued for new construction, modification or restoration of an erosion protection structure. (2) Bluff cuts done in accordance with conditions stated in a coastal erosion management permit issued for the provision of shoreline access,where. (a) The cut is made in a direction perpendicular to the shoreline. (b) The ramp slope may not exceed 1•6 (c) The side slopes may not exceed'3,unless terraced or otherwise structurally stabilized. Town of Southold,NY Regulations http://ecode360.com/5157952 erosion management permit,which may be issued only for expansion or stabilization of beaches. C. Active bird nesting and breeding areas must not be disturbed unless such disturbance is pursuant to a specific wildlife management activity approved,in writing,by the New York State Department of Environmental Conservation. [Amended 1-29-2013 by L L.No 1-2013] D. All development is prohibited on beaches unless specifically provided for by this chapter. - §111-13 Dune area. Dunes prevent overtopping and store sand for coastal processes.High,vegetated dunes provide a greater degree of protection than low,unvegetated ones.Dunes are of the greatest protective value during conditions of storm-induced high water.Because dunes often protect some of the most biologically productive areas as well as developed coastal areas,their protective value is especially great.The key to maintaining a stable dune system is the establishment and maintenance of beachgrass or other vegetation on the dunes and assurance of a supply of nourishment sand to the dunes.The following restrictions apply to regulated activities in dune areas: A. In primary dune areas: (i) Excavating,grading or mining of primary dunes is prohibited. (z) Clean sand of a compatible type and size is the only material which may be deposited.Any deposition requires a coastal erosion management permit. (3) All depositions must be vegetatively stabilized using species tolerant of the conditions at the site and must be placed so as to increase the size of,or restore,a dune or dune area. (4) Active bird nesting and breeding areas must not be disturbed,unless such disturbance is pursuant to a specific wildlife management activity approved,in writing,by the Department. (5) Nonmajor additions to existing structures are allowed on primary dunes pursuant to a coastal erosion management permit and subject to permit conditions concerning the location,design and potential impacts of the structure on the primary dune:J (6) Stone revetments or other erosion protection structures compatible with primary dunes will only be allowed at the waterward toe of primary dunes and must not interfere with the exchange of sand between primary dunes and their fronting beaches. B. In secondary dune areas: (i) All depositions must be of clean sand of a compatible type and size,and all grading must be performed so as to increase the size of,or restore,a dune or former dune area. j (z) Excavating,grading or mining must not diminish the erosion protection afforded by them. (3) Nonmajor additions to existing structures are allowed on secondary dunes pursuant to a coastal erosion management permit. (4) Permitted construction,reconstruction,restoration or modifications must be built on adequately anchored pilings such that at least three feet of open space exists between the floor joists and the surface of the secondary dune;and the permitted activity must leave the space below the lowest horizontal structural members free of obstructions. C. All other activities and developments in dune areas are prohibited unless specifically provided for by this chapter. D. The restrictions of§111-16,Traffic control,apply to dune areas. §111-14 Bluff area. Bluffs protect shorelands and coastal development by absorbing the often destructive energy of open water.Bluffs are a source of depositional material for beaches and other unconsolidated natural protective features. A. The following activities are prohibited on bluffs: (t) Excavating or mining,except when in conjunction with conditions stated in a coastal erosion management permit issued for minor alterations in construction of an erosion protection structure or for provision of shoreline access. (z) The restrictions of§111-16,Traffic control,apply to bluffs. (3) All development unless specifically allowed by§111-14B of this chapter. (4) Disturbance of active bird nesting and breeding areas,unless such disturbance is pursuant to a specific wildlife management activity approved,in writing,by the New York State Department of Environmental Conservation [Amended 1-29-2013 by L L No 1-2013] (5) Soil disturbance that directs surface water runoff over a bluff face. B. Activities specifically allowed under this section are: (t) Minor alteration of a bluff done in accordance with conditions stated in a coastal erosion management permit issued for new construction, modification or restoration of an erosion protection structure. (z) Bluff cuts done in accordance with conditions stated in a coastal erosion management permit issued for the provision of shoreline access,where: (a) The cut is made in a direction perpendicular to the shoreline. (b) The ramp slope may not exceed 1:6. (c) The side slopes may not exceed 1:3,unless terraced or otherwise structurally stabilized. (d) The side slopes and other disturbed nonroadway areas must be stabilized with vegetation or other approved physical means. (e) The completed roadway must be stabilized and drainage provided for. (3) New construction,modification or restoration of walkways or stairways done in accordance with conditions of a coastal erosion management permit. 2 of 3 9/4/2017,5:44 PM tla lll.lC ll: 1-C61LUQLIU116 §111-7 Establishment. The coastal erosion hazard area is hereby established to classify land and water areas within the Town of Southold based upon shoreline recession rates or the location of natural protective features.The boundaries of the area are established on the final map prepared by the New York State Department of Environmental Conservation under §34-0104 of the New York State Environmental Conservation Law and entitled the"Coastal Erosion Hazard Area Map of the Town of Southold,'including all amendments made thereto by the Commissioner of the New York State Department of Environmental Conservation pursuant to§34-0104 of the New York State Environmental Conservation Law §111-8 Permit required for regulated activities. No person may engage in any regulated activity in an erosion hazard area as depicted on the Coastal Erosion Hazard Area Map of the Town of Southold,as amended,without first obtaining a coastal erosion management permit No coastal erosion management permit is required for unregulated activities. §111-9 Issuance of permit. A coastal erosion management permit will be issued only with a finding by the Administrator that the proposed regulated activity 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. §111-10 Structural hazard area. The following restrictions apply to regulated activities within structural hazard areas- A. A coastal erosion management permit is required for the installation of public service distribution,transmission or collection systems for gas,electricity,water or wastewater,and cable service.Systems installed along the shoreline must be located landward of the shoreline structures [Amended 1-29-2013 by L L No 1-2013] B. The construction of nonmovable structures or placement of major nonmovable additions to an existing structure is prohibited. C. Permanent foundations may not be attached to movable structures,and any temporary foundations are to be removed at the time the structure is moved.Below-grade footings will be allowed if satisfactory provisions are made for their removal. D. No movable structure may be located closer to the landward limit of a bluff than 25 feet. E. No movable structure may be placed or constructed such that according to accepted engineering practice,its weight places excessive groundloading on a bluff. F. Plans for landward relocation of movable structures must be included with each application for a permit.Movable structures which have been located within a structural hazard area pursuant to a coastal erosion management permit must be removed before any part of the structure is within 10 feet of the receding edge The last owner of-- record, f-record,as shown on the latest assessment roll,is responsible for removing that structure and its foundation,unless a removal agreement was attached to the original- coastal erosion management permit. With the attachment of a removal agreement to the coastal erosion management permit,the landowner or the signatory•is responsible for the landward relocation of movable structures Removal agreements may be made when the last owner of record and the owner of the structure-are different,with the approval of the Town at the time the permit is issued G. Debris from the structural damage which may occur as a result of sudden unanticipated bluff edge failure,dune migration or wave or ice action must be removed within 6o days of the damaging event H. Any grading,excavation or other soil disturbance conducted within a structural hazard area must not direct surface water runoff over a bluff face. §111-11 Nearshore area. Nearshore areas dissipate a substantial amount of wave energy before it is expended on beaches,bluffs or dunes by causing waves to collapse or break Nearshore areas also function as reservoirs of sand,gravel and other unconsolidated material for beaches.Sandbars,which are located in nearshore areas,control the orientation of incoming waves and promote the development of ice cap formations which help protect shorelines during winter storms.The roots of aquatic vegetation in nearshore areas bind fine grained silts,clays and organic matter to form a fairly cohesive bottom that resists erosion The following restrictions apply to regulated activities in nearshore areas A. Excavating,grading,mining or dredging which diminishes the erosion protection afforded by nearshore areas is prohibited,except construction or maintenance of navigation channels,bypassing sand around natural and man-made obstructions and artificial beach nourishment,all of which require a coastal erosion management permit B. Clean sand or gravel of an equivalent or slightly larger grain size is the only material which may be deposited within nearshore areas and requires a coastal erosion management permit [Amended 1-29-2013 by L L No 1-2013] C. All development is prohibited in nearshore areas unless specifically provided for by this chapter §111-12 Beach area. Beaches buffer shorelands from erosion by absorbing wave energy that otherwise would be expended on the toes of bluffs or dunes Beaches that are high and wide protect shorelands from erosion more effectively than beaches that are low or narrow Beaches also act as reservoirs of sand or other unconsolidated material for longshore littoral transport and offshore sandbar and shoal formation.The following restrictions apply to regulated activities in beach areas: A. Excavating,grading or mining which diminishes the erosion protection afforded by beaches is prohibited. B. Clean sand or gravel of an equivalent or slightly larger grain size is the only material which may be deposited within beach areas Any deposition will require a coastal 1 of 3 9/4/2017,3:42 PM Town of Southold,NY Regulations http://ecode360.com/5157952 (4) Non major additions to existing structures on bluffs,pursuant to a coastal erosion management permit. §111-15 Erosion protection structures. The following requirements apply to the construction,modification or restoration of erosion protection structures* A. The construction,modification or restoration of erosion protection structures must: (i) Not be likely to cause a measurable increase in erosion at the development site or at other locations. (z) Minimize and,if possible,prevent adverse effects upon natural protective features,existing erosion protection structures and natural resources such as significant fish and wildlife habitats. B. All erosion protection structures must be designed and constructed according,to generally accepted engineering principles which have demonstrated success or,where sufficient data is not currently available,a likelihood of success in controlling long-term erosion.The protective measures must have a reasonable probability of controlling erosion on the immediate site for at least 30 years. C. All materials used in such structures must be durable and capable of withstanding inundation,wave impacts,weathering and other effects of storm conditions for a minimum of 30 years.Individual component materials may have a working life of less than 30 years only when a maintenance program ensures that they will be regularly maintained and replaced as necessary to attain the required 30 years of erosion protection. D. A long-term maintenance program must be included with every permit application of construction,modification or restoration of an erosion protection structure.The maintenance program must include specifications for normal maintenance of degradable materials.To assure compliance with the proposed maintenance programs,a bond may be required. §111-16 Traffic control. Motorized and nonmotonzed traffic must comply with the following restrictions: A. Motor vehicles must not travel on vegetation,must operate waterward of the debris line and,'when no debris line exists,must operate waterward of the waterward toe of the primary dune or bluff. B. Motor vehicle traffic is prohibited on primary dunes,except for officially designated crossing areas,and on bluffs. C. Pedestrian passage across primary dunes must utilize elevated walkways and stairways or other specially designed dune crossing structures. 3 of 3 9/4/2017, 5:42 PM Town of Southold,NY Variances and Appeals http://ecode360.com/5157970 Chaptertll Coastal Eiosiou ffazard Areas Article IV:Variances and Appeals §111-20 Variances from standards and restrictions. Strict application of the standards and restrictions of this chapter may cause practical difficulty or unnecessary hardship.When this can be shown,such standards and restrictions may be varied or modified,provided that the following criteria are met: A. No reasonable,prudent,alternative site is available. B. All responsible means and measures to mitigate adverse impacts on natural systems and their functions and values have been incorporated into the activity's design at the property owner's expense. C. The development will be reasonably safe from flood and erosion damage. D. The variance requested is the minimum necessary to overcome the practical difficulty or hardship which was the basis for the requested variance. E. Where public funds are utilized,the public benefits must clearly outweigh the long-term adverse effects. §111-21 Format and procedure. Any request for a variance must be in writing and specify the standard,restriction or requirement to be varied and how the requested variance meets the criteria of§ill-20 of this chapter.The burden of demonstrating that the requested variance meets those criteria rests entirely with the applicant. §111-22 Fees. Each variance request must be accompanied bythe required fee of$250,unless said fees are modified by the Town Board under separate resolution. §111-23 Expiration. Any construction activity allowed by a variance granted by the Coastal Erosion Hazard Board of Review must be completed within one year from the date of approval or approval with modifications or condition.Variances expire at the end of this one-year period without further hearing or action by the Coastal Erosion Hazard Board of Review. §111-24 Coastal Erosion Hazard Board of Review. The Southold Town Board is hereby designated as the Coastal Erosion Hazard Board of Review and has the authority to: A. Hear,approve,approve with modification or deny request for variances or other forms of relief from the requirements of this chapter. B. Hear and decide appeals where it is alleged there is error in any order,requirement,decision or determination made by the Administrator in the enforcement of this chapter,including any order requiring an alleged violator to stop,cease and desist. §111-25 Appeal to Board of Review. [Amended 1-29-2013 by L L No.1-2013] The Coastal Erosion Hazard Board of Review may,in conformity with the provisions of this chapter,reverse or affirm,wholly or partly,or modify the order,requirement, decision or determination of the Administrator,including stop or cease-and-desist orders.Notice of such decision will forthwith be given to all parties in interest.The rules and procedures for filing appeals are as follows: A. Appeals may be made only by the applicant in the underlying decision. B. Appeals must be filed with the Town Clerk within 3o days of the date of the adverse decision. C. All appeals made to the Coastal Erosion Hazard Board of Review must be in writing on standard forms prescribed by the Board.The Board will transmit a copy to the Commissioner of the New York State Department of Environmental Conservation for his/her information. D. All appeals must refer to the specific provisions of this chapter involved and specify the alleged errors,the interpretation thereof that is claimed to be correct and the relief which the appellant claims. §111-26 Appeal to Supreme Court. Any person or persons jointly or severally aggrieved by a decision by the Coastal Erosion Hazard Board of Review or any officer,department,board or bureau of the Town may apply to the Supreme Court for review by a proceeding under Article 76 of the Civil Practice Law and Rules. 1 of 1 9/5/2017,5:26 PM Or View De—cument New York Codes,Rules and Regulations https://govt.westlaw.com/nycrr/Document/I4ebddb0dcdl7lldda432al... THOMSON REUTERS WESTLAW New York Codes, Rules and Regulations 6 CRR-NY 505.8 NY-CRR OFFICIAL COMPILATION OF CODES,RULES AND REGULATIONS OF THE STATE OF NEW YORK TITLE 6.DEPARTMENT OF ENVIRONMENTAL CONSERVATION CHAPTER V.RESOURCE MANAGEMENT SERVICES SUBCHAPTER A.LAND USE PART 505.COASTAL EROSION MANAGEMENT DEPARTMENT REGULATION OF COASTAL EROSION HAZARD AREAS 6 CRR-NY 505.8 6 CRR-NY 505.8 505.8 Restrictions on regulated activities within natural protective feature areas. (a)Nearshore areas. The following restrictions and requirements apply to regulated activities in nearshore areas- (1)Excavating,grading,mining or dredging which diminishes the erosion protection afforded by nearshore areas is prohibited However,coastal erosion management permits for dredging may be issued for constructing or maintaining navigation channels, bypassing sand around natural and man-made obstructions,or artificial beach nourishment. (2)All development is prohibited in nearshore areas unless specifically allowed by this subdivision. (3)The normal maintenance of structures may be undertaken without a coastal erosion management permit (4)Clean sand, or gravel of an equivalent or slightly larger grain size, is the only material which may be deposited within nearshore areas.Any deposition will require a coastal erosion management permit. (5)A coastal erosion management permit is required for new construction, modification or restoration of docks,piers,wharves, groins,jetties,seawalls,bulkheads,breakwaters, revetments and artificial beach nourishment Docks,piers,wharves or structures built on floats,columns,open timber,piles or similar open-work supports having a top surface area of 200 square feet or less,or docks,piers,wharves or other structures built on floats and removed in the fall of each year,are expected from this permit requirement (b)Beaches. The following restrictions and requirements apply to regulated activities on beaches. (1)Excavating,grading or mining which diminishes the erosion protection afforded by beaches is prohibited. (2)All development is prohibited on beaches unless specifically allowed by this subdivision (3)The normal maintenance of structures may be undertaken without a coastal erosion management permit. (4)The restoration of existing structures that are damaged or destroyed by events not related to coastal flooding and erosion may be undertaken without a coastal erosion management permit. (5)Nonmajor additions to existing structures may be allowed on beaches pursuant to a coastal erosion management permit. (6)The following restrictions apply to the use of motor vehicles on beaches. (i)motor vehicles must operate seaward of the upper debris lines at all times.On those beaches where no debris line exists,motor vehicles must operate seaward of the toe of the primary dune;and (ii)motor vehicles must not travel on vegetation. (7)A coastal erosion management permit for deposition of material on beaches will be issued only for expansion or stabilization of beaches;clean sand,or gravel of an equivalent or slightly larger grain size,must be used. (8)Beach grooming or clean-up operations do not require a coastal erosion management permit (9)A coastal erosion management permit is required for new construction, modification or restoration of docks,piers,wharves, 1 of 3 9/4/2017,2:22 PM View DGeument New York Codes,Rules and Regulations https://govt.westlaw.com/nycrr/DocumenVl4ebddbOdcdl7l boardwalks,groins,jetties,seawalls, bulkheads,breakwaters,revetments, and artificial beach nourishment. Docks, piers, wharves or structures built on floats,columns,open timber, piles or similar open-work supports having a top surface area of 200 square feet or less,or docks,piers,wharves or other structures built on floats and removed in the fall of each year,are excepted from this permit requirement. (10)Active bird nesting and breeding areas must not be disturbed unless such disturbance is pursuant to a specific wildlife management activity approved in writing by the department (c)Bluffs. The following restrictions and requirements apply to regulated activities on bluffs. (1)Excavating,grading or mining of bluffs is prohibited,except where: (i)the minor alteration of a bluff is done in accordance with conditions stated in a coastal erosion management permit issued for the construction of an erosion protection structure;or (ii)a bluff cut is made in a direction perpendicular to the shoreline to provide shoreline access The ramp slope of bluff cuts must not be steeper than 1:6 and the side slopes must not be steeper than 1:3, if not terraced or otherwise structurally stabilized.Side slopes and other disturbed nonroadway areas must be stabilized with vegetation or other approved physical means, and completed roadways must be stabilized and drainage provided for,all in accordance with terms and conditions of a coastal erosion management permit. (2)Vehicular traffic is prohibited on bluffs. (3)All development is prohibited on bluffs unless specifically allowed by this subdivision. (4)The normal maintenance of structures may be undertaken without a coastal erosion management permit. (5)The restoration of existing structures that are damaged or destroyed by events not related to coastal flooding and erosion may be undertaken without a coastal erosion management permit. (6)Nonmajor additions to existing structures may be allowed on bluffs pursuant to a coastal erosion management permit (7)A coastal erosion management permit is required for new construction, modification or restoration of erosion protection structures,walkways or stairways. Elevated walkways or stairways constructed solely for pedestrian use and built by or for an individual property owner for the limited purpose of providing noncommercial access to the beach are excepted from this permit requirement. (8)Active bird nesting and breeding areas must not be disturbed unless such disturbance is pursuant to a specific wildlife management activity approved in writing by the department. (9)Any grading,excavating,or other soil disturbance conducted on a bluff must not direct surface water runoff over a bluff face. (d)Primary dunes. The following restrictions and requirements apply to regulated activities on primary dunes: (1)Excavating,grading or mining of primary dunes is prohibited. (2)Vehicular traffic is prohibited on primary dunes,except in those areas designated by the department for dune crossing. (3)Nonmajor additions to existing structures are allowed on primary dunes pursuant to a coastal erosion management permit and subject to permit conditions concerning the location,design and potential impacts of the structure on the primary dune. (4)Foot traffic which causes sufficient damage to primary dunes to diminish the erosion protection afforded by them is prohibited. Pedestrian passage across primary dunes must utilize elevated walkways and stairways,or other specially designed dune-crossing structures approved by the department. (5)All development is prohibited on primary dunes unless specifically allowed by this subdivision (6)The normal maintenance of structures may be undertaken without a coastal erosion management permit. (7)The restoration of existing structures that are damaged or destroyed by events not related to coastal flooding and erosion may be undertaken without a coastal erosion management permit (8)A coastal erosion management permit is required for new construction,modification or restoration of stone revetments or other erosion-protection structures compatible with primary dunes.Such erosion-protection structures will only be allowed at the seaward toe of primary dunes and must not interfere with the exchange of sand between primary dunes and their fronting beaches. (9)A coastal erosion management permit is required for new construction, modification or restoration of elevated walkways or stairways Elevated walkways or stairways constructed solely for pedestrian use and built by or for an individual property owner 2 of 3 9/4/2017,2:22 PM View Document-New York Codes,Rules and Regulations https:Hgovt.westlaw.com/nycrr/Document/14ebddbOdcdl7l ldda432al... for the limited purpose of providing noncommercial access to the beach are excepted from this permit requirement. (10)Clean sand obtained from excavation,dredging or beach grading may be deposited on a primary dune,or on an area formerly a primary dune,to increase its size or restore It Such deposition must be vegetatively stabilized using native species tolerant to salt spray and sand burial,e.g,American beach grass.Such deposition requires a coastal erosion management permit. (11)Vegetative planting and sand fencing,to stabilize or entrap sand in order to maintain or increase the height and width of dunes,does not require a coastal erosion management permit Vegetative plantings must be of native species tolerant to salt spray and sand burial,e.g.,American beach grass. (12)Active bird nesting and breeding areas must not be disturbed unless such disturbance Is pursuant to a specific wildlife management activity approved in writing by the department. (e)Secondary dunes. The following restrictions and requirements apply to regulated activities in areas identified on coastal erosion hazard area maps as secondary dunes- (1)Secondary dunes must not be excavated,graded or mined such that the erosion protection afforded by them is diminished. (2)Clean sand obtained from excavation,dredging,or beach grading may be deposited on a secondary dune,or an area formerly a secondary dune,to increase its size or restore It.Such deposition must be vegetatively stabilized using native species tolerant to salt spray and sand burial, e.g.,American beach grass.Such deposition requires a coastal erosion management permit. (3)The normal maintenance of structures may be undertaken without a coastal erosion management permit (4)The construction,modification,or restoration of a structure,or major addition to an existing structure, requires a coastal erosion management permit. Permit requirements include: (I)a new structure,or the restoration of or major addition to an existing structure,must be built on adequately anchored pilings such that at least three feet of open space exists between the lowest, horizontal structural members,e.g.,floor joists, and the surface of the secondary dune; and (ii)the space below the lowest horizontal structural members must be left open and free of obstructions (5)Exceptions. (i)The provision contained in paragraph(4)of this subdivision that requires obtaining a coastal erosion management permit for the construction,modification,or restoration of a structure or major addition to an existing structure,does not apply to elevated walkways or stairways constructed solely for pedestrian use and built by or for an individual property owner for the limited purpose of providing noncommercial access to the beach. (ii)The restoration of existing structures that are damaged or destroyed by events not related to coastal flooding and erosion may be undertaken without a coastal erosion management permit. (6) Nonmajor additions to existing structures are allowed on secondary dunes pursuant to a coastal erosion management permit. (7)Vegetative planting and sand fencing,to stabilize or entrap sand to maintain or increase the height and width of dunes,does not require a coastal erosion management permit.Vegetative plantings must be of native species tolerant to salt spray and sand burial,such as American beach grass. 6 CRR-NY 505.8 Current through June 30,2017 END OF DOCUMENT ©2017 Thomson Reuters No claim to original U.S Government Works ©2017 Thomson Reuters 3 of 3 9/4/2017,2:22 PM V�I�ST SM MUTTRs LEGEND FOR OANER INFORMAMON (� © COVE LOCUS OD NOTES SCALE: 1"=400' 1.) THIS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE INDICATED HEREON. ANY EXTENSION OF THE USE BEYOND THE PURPOSED AGREED TO BETWEEN THE CLIENT AND THE SURVEYOR EXCEEDS THE SCOPE OF THE APPLICANT ENGAGEMENT. BETTY EDWARDS JOHNSON 2.) IT IS A VIOLA11ON OF THE STATE EDUCATION LAW FOR ANY PERSON, 7503 OLD BRIDGE COURT UNLESS ACTING UNDER THE DIRECTION OF A LICENSED LAND SURVEYOR, TO SUGARLAND, TX 77479 ALTER AN ITEM IN ANY WAY. 832-265-0891 3.) ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND SURVEYOR'S § ;y SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL ARE THE PRODUCT OF THE LAND SURVEYOR. 4.) A PORTION OF-THE SITE IS LOCATED IN FLOOD ZONE VE ELEVATION 19 PER FIRM (FLOOD INSURANCE RATE MAP) FOR SUFFOLK COUNTY, NEW YORK. COMMUNITY NUMBER 36103C, MAP NUMBER 36103CO019H MAP REVISED SEPTEMBER 25, 2009. 5.) SITE IS IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK TAX MAP `�c NO,0 1000, SECTION 010, BLOCK 3, LOT 11. J p�O.FESSIIT 6.) TOTAL AREA = 0.45t ACRES. ABUTTERS LEGEND 7.) SITE IS LOCATED IN R-40 ZONE. 1.) CONCH OUT LLC 8.) BASE FOR LEVELS: MEAN LOW WATER PO BOX 730 MYSTIC, CT 06355 2.) BRUCE D. & ELIZABETH D. KINLIN 50 EAST 96TH STREET APT. 38 REVISIONS NEW YORK, NY 10028 PLAN OF PROPOSED DOCK REPLACEMENT CME ASSOCIATES Engineering, PREPARED FOR �r Land Surveying &Architecture, PLLC BETTY E DWAR D S JOHNSON 1(( formerly Chandler,Palmer&King 1990 PENINSULA ROAD ow w w 3�Wilbur Cross Way,Mansfield,CT 06268 FISHERS ISLAND, NEW YORK CME 333 East River Drive,East Hartford,CT 06108 DATE: 03/01/17 1 SCALE:AS NOTED I SHEET: 1 OF 5 JOB # 2016822 888-291-3227 1 www.cmeengineering.com -2.4x QR —1.8 P R 8 N � x —2.4 REMOVE 1� REMAINS OF F� OLD CRIB ROCK '( 1.3 x po c� TOE OF SLOPE � x -1.8 (10-25-2016) �\ REMOVE —1.0 APPARENT HIGH I \ METAL POSTS —0.8 x - X 0 H _ .6 WATER UNE (AHW H ELEV.=33 TOP OF BANK \ 4X4 POSTS x -0.1 . ` �. �• (10-25-2016) REMOVE ( ) \ G�PSS � I,k- COASTAL EROSION �, REMAINS OF DAMAGED �\�p�, /t� .�� HAZARD UNE-SHEET WOODEN DOC 47'Fl OF 49 0 �� "" REMOVE "- TREE ES / CO �' BENCH MARK— ' i ^, �� IRON ROD— ,�, TYP. ;'� /� �� 'OE V. 10.97 Q iri ( /✓\i ^�,f �� BASE— MLW -c 5 LIMITS OF , -,: �\aP �,2 f. K" ,�� 60 /r��128?' 3 KIN TIDAL WETLANDS ;,- G F LIN APPARENT HIGH WATER UNE (AH IL) SP --,12 —14—�tiFO ll ELEV.TOE OF,SLOPE / /��/�^ `t1� 'D18 Z --16`f EXISTING T (10-25-2016) RESIDENCE o !p 18 CHER �6t8 ?f.s, - CHER�YY� x s TREE 11 IN, N/F- r a •x"'18 CONCH OUT LLC �, 16`J ;� t�>r_ ?7 . TREE ' o-` , S�• \\ / �` TREE b I� OAK APPROXIMATE LIMITS OF FLbQD ZONE VE PER MAP REFERENCE No.2 LEGEND EXISTING CONDITIONS — — 4 — — EXISTING CONTOUR x -4.3 EXISTING SPOT GRADE ELEVATION 3 REVISION S 0 15 0 30 GRAPHIC SCALE IN FEET PLAN OF PROPOSED DOCK REPLACEMENT CME ASSOCIATES Engineering, PREPARED FOR Land Surveying &Architecture, PLLC BEM E DWAR D S JOHNSON formerly Chandler,Palmer&King 1990 PENINSULA ROADCME 33 Wilbur Cross Way,Mansfield,CT 06268 FISHERS ISLAND, NEW YORK 333 East River Drive, East Hartford,CT 06108 DATE: 03/01/17 SCALE: 1"=30- SHEET:2 OF 5 JOB # 2106822 888-291-3227 1 www.cmeengineering.com -2.4x BOR x -1.6 N P R PROPOSED x -2.4 NEW DOCK-70' LON REMAINS OF 4 x REMOVE TOE OF REVETMENT F ° OLD CRIB 20'WIDE FIXED DOCK.RAMP W/RAILS & +�sj AFTER CONSTRUCTION ROCK '( S X 12 FLOAT- 1.3 x PROVIDE OPEN GRATE po DECKING STA. 0+0- -1.8 +0--18 0+50 TOE OF SLOPE REMOVE -1.0 (10-25-2016) \METAL POSTS APPARENT HIGH \ –0.8 x X 0.6 WATER LINE (AHWL) 4X4 POSTS –0.1 i ELEV.=3.3 TOP OF BANK �*� _ (TYP.)–�� "� c� (10-25-2016) ,,,REMOVE S I- i ORP ��, COASTAL EROSION �, REMAINS OF DAMAGED�j �`OP�' / HAZARD UNE–SHEET o „� �' WOODEN REMOVE,/ REMOVE/ (/ ✓ 47-Fl OF 49 WOODE �- BENCH MARK— C_ TREE ES��; ,; ' IRON ROD— r" m� (TYP.) � �- ELEV. 10.97 S %� / OS BASE— MLW NIF ir_,i r S / �� 1 LIMITS OF , –rte ��P �� _r / �, 7 2• O TIDAL WETLANDS � � G ` of � KINLIN APPARENT HIGH WATER LINE (AHWL) , / .,SPS ELEV.=3.3 %% ice.-0 1 ' 7 14 upc 0- � k i K TOE OF SLOPE �'� / ,� EXISTING (10-25-2016) RESIDENCE o T PROPOSED TOP OF f �� f -r'0..' REVETMENT AT EXISTING C 6 ,. sf j8 1 a TOP OF BANK CHER� PROVIDE 2' b r �` TREE , 1 „ N/F BUFFER STRIP. PLANT CONCH OUT LLC LANT WITH WOODY TREE SHRUB VEGETATION �ijr ya'� ~'� _ 14" AND COASTAL SEED MIX /i `S�• / TREE PROPOSED ARMOR LAYER C, RIPRAP REVETMENT 3o" �y / (SEE DESIGN PLAN) OAK APPROXIMATE LI)rI D/ZONITS OF FLOOE VE !� PER MAP REFERENCE N0.2 LEGEND — 4 — — EXISTING CONTOUR PROPOSED DOCK x —4.3 EXISTING SPOT GRADE ELEVATION NEW PILE LOCATION R E V I S 1 0 N S 30 15 0 30 GRAPHIC SCALE IN FEET PLAN OF PROPOSED DOCK REPLACEMENT CME ASSOCIATES Engineering, PREPARED FOR 1(� Land Surveying &Architecture, PLLC BETTY E DWAR D S JOHNSON 1( formerly Chandler,Palmer&King 1990 PENINSULA ROAD CME 33 Wilbur Cross Way,Mansfield,CT 06268 FISHERS ISLAND, NEW YORK 333 East River Drive,East Hartford,CT 06108 DATE: 03/01/17 1 SCALE: 1"= 30' SHEET:3 OF 5 JOB # 2016822 888-291-32271 www.cmeengineering.com NOTE: ALL PILES & FRAME MATERIAL PROPOSED TO BE CCA TIMBER— PROPOSED NEW DOCK-70' LONG X DECKING TO BE RAMPDOUGLAS FIR OR OPEN 4' WIDE FIXED DOCK, 20' RAMP W/RAILS & GRATE (SEE DETAIL—SHEET 5) PROPOSED8' X 12' FLOAT- 8' X 12' FLOAT TOE OF SLOPE PROPOSED 12" DIA. (10-25-2016) ROCK SLOPE PILE APPROX. HIGH TOP OF BANK 20 NAPPROX. WATER (10-25-2016) LOW 20 WATER16 16 12 XI STING TIDAL GRASS SANDY BEACH—` GRADE 12 8 ELEV. 5.5+ 8 AHWL 4 MHWL= =3.3 —2 MLW .: 0 2 2.5 II II (0 IIIIII IIIIII OI 1�0III rNlIIIIII 'j ; oO0 0')(OIIO Oil OIOII ^nN NII SII II II 11 II II II II II II 1+20 1+00 PROPOSED DOCK PROFILE 0+00 NOTE: PROVIDE 18" LEGS AT 4 CORNERS OF FLOAT TO PREVENT FLOAT FROM RESTING ON BOTTOM AT LOW TIDES PROFILE SCALE HORZ: 1"=20' VERT: 1"=20' R E V I S 1 0 N S PLAN OF PROPOSED DOCK REPLACEMENT CME ASSOCIATES Engineering, PREPARED FOR �� Land Surveying &Architecture, PLLC BETTY E D WARDS JOHNSON formerly Chandler,Palmer&King 1990 PENINSULA ROAD �� 33 Wilbur Cross Way,Mansfield,CT 06268 FISHERS ISLAND, NEW YORK 333 East River Drive, East Hartford.CT 06108 DATE: 03/01/17 1 SCALE: 1"= 20' 1 SHEET:4 OF 5 JOB # 2016822 888-291-3227 1 www.cmeengineering.com WOOD PILE (TYP) w = z STRINGER CROSS MEMBER w V +�o WOOD PILE (TYP) in - - ti DECKING — z - - w ' - CROSS MEMBER ® 1" SPACE (TYP) 10 f (TYP) I a STRINGER CENTER TO CENTER DECKING PLAN VIEW— 4' WDE DOCK NTH 2" X 8" DECKING � � 1- SPACE (TYP)-- NOT TO SCALE 10' (TYP) CENTER TO CENTER PLAN VIEW— DOCK WITH OPEN GRATE DECKING 12" DIA " x 8" DECKING 12" DIA PILING PILING ELEV. VARIES III 3" x 10" STRINGER III IIII ELEV. VARIES G 'p 3" x 8" SPLIT CLAMP II I M.H W. I I� IIII IIIII M.H W. M.L.W �I 3" x 8" CROSS BRACE I ' CENTER TO CENTER NEW PILES CROSS SECTION 10 FT MINUMUMSIDE VIEW 4WIDE FIXED DOCK WITH 2" X 8" DECKING NOT TO SCALE 8' 12' DECKING DECKING (TYP) STRINGERS (TYP) MHW REX1STING OAT MHW FLOAT MHW GRADE EXISTING GRADE 1.5'1 END VIEW SIDE VIEW TYPICAL FLOATING DOCK NOT TO SCALE REVISIONS DETAILS PLAN OF PROPOSED DOCK REPLACEMENT CME ASSOCIATES Engineering, PREPARED FOR f(� Land Surveying&Architecture, PLLC BETTY EDWAR DS JOHNSON r( formerly Chandler,Palmer&King 1990 PENINSULA ROAD �� 33 Wilbur Cross Way,Mansfield,CT 06268 FISHERS ISLAND, NEW YORK 333 East River Drive, East Hartford,CT 06108 DATE: 03/01/17 SCALE: NONE SHEET-5 OF 5 JOB # 2016822 888-291-32271 www.cmeengineering.com DEPARTMENT OF THE ARMY NEW YORK DISTRICT,CORPS OF ENGINEERS JACOB K.JAVITS FEDERAL BUILDING 26 FEDERAL PLAZA NEW YORK,NEW YORK 10278-0090 Regulatory Branch �UN ' 5 2011 SUBJECT: Permit Application Number NAN-2017-00566-ERO r by Betty Edwards Johnson The New York District, U.S. Army Corps of Engineers, has received a request for Department of the Army authorization for the following activity: APPLICANT: Betty Edwards Johnson 7503 Old Bridge Court Sugarland, Texas 77479 ACTIVITY: The proposed structures consists of,installing a 4-foot-wide by 70- foot-long fixed pier leading to a 4-foot-wide by 20-foot-long ramp attached to a 8-foot-wide by 12-foot-long pile-supported float. The proposed structures will be elevated a minimum of 4.5-feet over tidal wetlands as.measured from the bottom of the stringers. The proposed floating structure will extend approximately 44-linear feet from the Plane of Mean Low Water into West Harbor. The purpose of this project is to provide access to the waterway for recreational boating and dockage. WATERWAY: West Harbor, tributary of Block Island Sound LOCATION: 1990 Peninsula Road, Town of Southold, Suffolk County, New York As this is minor in nature, authorization may be,by Letter of Permission. This is in accordance with current Federal Regulations governing work in navigable waters of the United States. To accomplish the coordination required, prior to the issuance of a Letter of Permission, your review of the enclosed drawings is requested. Pursuant to Section 307 (c) of the Coastal Zone Management Act of 1972 as amended (16 U.S.C. 1465 (c)(3)(A)), the applicant has certified that the activity complies with and will be conducted in a manner that is consistent with the approved state coastal zone management program. 'PLEASE USE THE ABOVE 18-CHARACTER FILE NUMBER ON ALL r CORRESPONDENCE WITH THIS OFFICE** - 2 - SUBJECT: Permit Application Number NAN-2017-00566-ERO by Betty Edwards Johnson JUN 15 2017 In order for us to better serve you, please complete our Customer Service Survey located at http://www.nan.usace.army.miI/Missions/Regulatory/CustomerSurvey.aspx. To allow for the timely processing of the subject application, your comments are requested within 20 days of the date of this letter. If you have any questions, please contact Seika E. Robinson, of my staff, at (917) 790-8521. Sincerely, /,U / 'q 11 Ronald R. Pinzo Chief, East Section Enclosures 1N�ST HAR50R SEE ABUTTERS LEGEND FOR OMER INFORMATION 17AR51 E5 1 © COVE LOCUS 0 NOTES SCALE: 1"=400' 1.) THIS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE INDICATED HEREON. ANY EXTENSION OF THE USE BEYOND THE PURPOSED AGREED TO BETWEEN THE CLIENT AND THE SURVEYOR EXCEEDS THE SCOPE OF THE APPLICANT:' ENGAGEMENT. BETTY EDWARDS JOHNSON 2.) IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY PERSON, 7503 OLD BRIDGE COURT UNLESS ACTING UNDER THE DIRECTION OF A LICENSED LAND SURVEYOR, TO SUGARLAND, TX 77479 ALTER AN ITEM IN ANY WAY. 832-265-0891 3.) ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND SURVEYOR'S SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL ARE THE PRODUCT OF THE LAND SURVEYOR. 4.) A PORTION OF THE SITE IS LOCATED IN FLOOD ZONE VE ELEVATION 19 PER FIRM (FLOOD INSURANCE RATE MAP) FOR SUFFOLK COUNTY, NEW YORK. COMMUNITY NUMBER 36103C, MAP NUMBER 36103CO019H MAP REVISED s , SEPTEMBER 25, 2009. ��• NSE hi0•a°� a�� 5.) SITE IS IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK TAX MAP fed P#0FFSSI�'� 1000, SECTION 010, BLOCK 3, LOT 11. 6.) TOTAL AREA = 0.45t ACRES. ABUTTERS LEGEND 7.) SITE IS LOCATED IN R-40 ZONE. 1.) CONCH OUT LLC PO BOX 730 8.) BASE FOR LEVELS: MEAN LOW WATER MYSTIC, CT 06355 Vf�`yF �t�"A1501-2017'' "6� � 2) 50 EAST 96TH ELIZABETH TREET APT. 3B IN R E V I S 1 0 N S NEW YORK, NY 10028 PLAN OF PROPOSED DOCK REPLACEMENT CME ASSOCIATES Engineering, PREPARED FOR �r� Land Surveying&Architecture, PLLC BETTY EDWARDS JOHNSON 1( formerly Chandler,Palmer&King 1990 PENINSULA ROAD33 Wilbur Cross Way,Mansfield, CT 06268 CME FISHERS ISLAND, NEW YORK 333 East River Drive,East Hartford,CT 06108 DATE: 03/01/17 1 SCALE:AS NOTED I SHEET: 1 OF '/ JOB # 2016822 888-291-3227 j www.cmeengln:ering.com x 0 ° x -i.fikA x —2.4 REMOVE 0 REMAINS OF F OLD CRIB ROCK 1� TOE OF SLOPE x -i,$ (10-25-2016) APPARENT HIGH REMOVE -1.0 MEAN HIGH WATER UNE (AHW), METAL POSTS -0.8 x , X -0.6 WATER UNE (MHW) ELEV.-3.3 x -0.i ELEV.-2.5 / TOP OF BANK \ a 4X4 POSTS (10-25-2016) ® REMOVE (TYP.)`-""�- / r(E��\p5S ,L/, ' COASTAL EROSION :;00REMAINS OF DAMAGED J. �� G� /,� HAZARD UNE-SHEET WOODEN DOCKp� 47 Fl OF 49 O® REMOVE `,� ) IRON ROD-MARK �V' THEE ES Jr �,/�1 ///�� r ELEV. 10.97 �@@ w (Tl'P.) .✓`I� ^J'��i. �.j1� BASE- MLW LIMITS OF +` q �, TIDAL . �� r' �'`. =l 0 �C, l72 • �; NIF WETLANDS-\ r� i��J� RA551�,, G� ��' rpF .�1rQl�,•r--'" } �KlNLlN & SHW MEAN'HIGH WATER LINE (MHW) O / APPARENT HIGH ELEV. 2.5 r5Pa0 !. f __1 2 WATER UNE ELEV.=3.3 -+' �// / �� ''�� pE �� 16 TOE 0 sLaPE �,. �- �� ' EXISTING f � �'� RESIDENCE - 0 ° T (10=2 -z016) a CHER 1 %It �6 �� CHER�'tY,,,� til � TRE x"18,. N F CONCH OUT LLC p¢ TREE z TREE O ® 00• / `L� �� OAK pFLOQD I OFoNt VE !�_ PER MAP REFERENCE No.2 /N., EXISTING CONDITIONS LEGEND — — 4- - EXISTING CONTOUR x -4.3 EXISTING SPOT GRADE ELEVATION Se`) 30 15 0 30 REVISIONS 2 06-01-17 PER ACOE COMMENTS RHS GRAPHIC SCALE IN FEET PLAN OF PROPOSED DOCK REPLACEMENT CME ASSOCIATES Engineering, PREPARED FOR �� Land Surveying&Architecture, PLLC BEM EDWAR D S JOHNSON << formerly Chandler,Palmer&King 1990 PENINSULA ROAD 33 Wilbur Crass Way,Mansfield,CT 06268 FISHERS ISLAND, NEW YORK CME 333 East River Drive,East Hartford,CT 06108 DATE: 03/01/171 SCALE: 1"=30'- 1 SHEET.-.2.OF JOB # 2106822 888.291.3227 1 www.emeengineegng.com -2.4 x 0 x -1,6 P PROPOSED x 2.4 REMOVE NEW DOCK-70' LON TOE OF REVETMENT REMAINS 4' WIDE FIXED DOCK. o OLD CRIB 20 RAMP W/RAILS do AFTER CONSTRUCTION ROCK '( 8' X 12' FLOAT- 1,3 x PROVIDE OPEN GRATE p DECKING STA. 0+0- o 0+50 TOE OF SLOPE (10-25-2016) APPARENT HIGH REMOVE -1.0 MEAN HIGH WATER UNE (AHW). METAL POSTS -0.8 x X 0.6 WATER LINE (MHW) ELEV.=3.3 -0.1 ELEV.=2.5 TOP OF BANK 4X4 POSTS yam.- �r�� , (10-25-2016) ,a,REMOVE (T�')~ COASTAL EROSION REMAINS. OF x®®Q DAMAGED_ � • HAZARLINE- SH E ET WOOCKp/ 47-Fl OF 49 REMO ` REMOVE TREES WOODEAK ^k IRON ROD - c_ EUV. 10.97 ( ) BASE— MLW1% LIMITS OF ~A w TIDAL / 12s N/ F WETLANDS_`, N—n, 6 KINLIN & SHIN MEAN HIGH YWATER UNE (MHW) ELEV.-2.5 APPARENT HIGH ,'�SP� �� i' . 12 WATER UNE (AHW) 0 o � ��cK; 8�; X14--16--.y`SO N TOE o sOPE EXISTING Fpo� _T (io-2SA-2016) - RESIDENCE PROPOSED TOP OF e i' �6 CHARY REVETMENT AT EXISTING Y TOP OF BANK 'PROVIDE 2' TREE N F BUFFER STRIP. -._, 12 TREE CONCH OUT LLC PLANT WITH WOODY '• 14" SHRUB VEGETATION TREE AND COASTAL SEED MIX PROPOSED ARMOR LAYER O RIPRAP REVETMENT 30" (SEE DESIGN PLAN) OA[KK OFPROXIMAFL M.ZONE VIE t1_ PER MAP REFERENCE No.2 - LEGEND -- 4 — — EXISTING CONTOUR PROPOSED DOCK x -4.3 EXISTING SPOT GRADE ELEVATION 0 NEW PILE LOCATION 04 14 A/%6 e-1&4W_-2.O_/_74w to 30 15 0 30 R E V I S I O N S 2 06-01-17 1 PER ACOE COMMENTS Rf S GRAPHIC SCALE IN FEET PLAN OF PROPOSED DOCK REPLACEMENT Oro; CME ASSOCIATES Engineering, PREPARED FOR1�/ Land Surveying &Architecture} PLLC BETTY EDWARDS JOHNSON '� /ormedyChandler,Palmer AKing 1990 PENINSULA ROAD 33 Wilbur Cross Way,Mansfield,CT 06268 FISHERS ISLAND, NEW YORK CME 333 East River Drive,East Hartford,CT 06108 DATE: 03/01/17 1 SCALE: 1"= 30' 1 SHEET:3 OF� JOB # 2016822 888-291°3227 f www.cmeengineering.com y NOTE: ALL PILES & FRAME MATERIAL PROPOSED TO BE CCA TIMBER— PROPOSED NEW DOCK-70' LONG X DECKING TO BE RAMP 4' WIDE FIXED DOCK, DOUGLAS FIR OR OPEN y'920' RAMP W/RAILS do GRATE (SEE DETAIL—SHEET 5) PROPOSED 8' X 12' FLOAT— S' X 12' FLOAT TOE OF SLOPE PROPOSED 12" DIA. (10-25-2016) ROCK SLOPE PILEAPPROX. HIGH TOP OF BANK WATER (10-25-2016) 20 cn 20 INTERTIDAL !E 16 13 rrkIkIlI lattist! CcJot OIGII!IRASSOIII II II �! rIlEt �rIl MN N 1 6 12 FXIS7ING \ SANDY BEACH GRADE 12 8 AHW 4 SHW=3 .5 =3.3 Z— MLW1440 MHW= OI r� I —2 2.5 I nI cO � .— It it I1 ft It It II II II 1+20 1+0o PROPOSED DOCK PROFILE - NOTE: ROFILE - o+oo NOTE: PROVIDE 18" LEGS AT 4, CORNERS OF FLOAT TO PREVENT FLOAT FROM RESTING ON BOTTOM AT LOW TIDES PROFILE SCALE HORZ: 1=20' VERT: 7-20' .4'#V4*-ZO/7-00316-RRD R E V I S 1 0 N S 2 06-01-17 1 PER ACOE COMMENTS RHS PLAN OF PROPOSED DOCK REPLACEMENT CME ASSOCIATES Engineering, PREPARED FOR PIP Land Surveying&Architecture, PLLC BETTY EDWARDS JOHNSON dir lamtedy Chandler,Palmer&ling 1990 PENINSULA ROAD 33 Wilbur Cross Way.Mansfield,CT 06268 FISHERS ISLAND, NEW YORKCME 333 East River Drive,East Hartford,CT 06108 DATE: 03/01/17 1 SCALE: 1"%# 2D' I SHEET:4 Oi= JOB # 2016822 888,291.32271 www.cmeengneering.com �, - SO , "..�.YS Michael J.Domino,President tf�Cj 4 U�t? ' Town Hall Annex " 54375 Route 26 John M.Bredemeyer III,Vice-President P.O.Box 1179 Charles J.Sanders 6, (; Southold,New York 11971 I Glenn Goldsmith Telephone(631) 765-1892 A.Nicholas Krupsl+d ;• i � 4!� Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD WETLAND or WETLAND-COASTAL EROSION PERMIT APPLICATION CHECKLIST Completed Application--One original plus three(3)copies of the application, survey, site/project plan, photographs, and any other information you wish to submit: Detailed project description (on pages 2, 6, & 16)including dimensions or square footage of all proposed or existing structures being applied for, please refer to Chapter 275-6. ® Short Environmental Assessment Form through pg. 3 (Part 2 -for office use only). ❑ Erosion, Sedimentation&Storm-Water Run-off Assessment Form. ® Authorization Form to be completed and notarized by current property owner. Agent Authorization (where applicant is not the owner)to be completed by current property owner. Applicant/Agent/Representative Transactional Disclosure Form to be completed by both the homeowner and the agent/representative. ❑ LWRP Consistency Assessment Form. Rr Survey of property, please refer to Chapter 275-6. Project Plan must be to scale, show dimensions, and have a side elevation view, please refer to Chapter 275-6. Photographs current photos of subject area, please refer to Chapter 275-6. ❑ Application l=ee for a Wetland Permit is$250.00. Application fee for a Wetland Permit&a Coastal Erosion Permit is $500.00. Check made payable to: Town of Southold. Upon receipt of a completed application to this office, the applicant is responsible for staking/marking out the proposed project prior to the date of the Board of Trustee Field Inspections. ➢ Upon receipt of a completed application to this office, the project will be formally reviewed by the Building Dept. Department Head to determine if the project will require a Variance by the Zoning Board of Appeals. If the project will require a Variance, your application will immediately be tabled with the Board of Trustees for the applicant to apply to the Zoning Board of Appeals through the Building Department. Upon receipt of a Zoning Board of Appeals Determination Letter, the application will be placed onto the next available Board of Trustees Public Hearing. Michael J.Domino,President �QZ� l ''. Town Hall Annex :' John M.Bredemeyer III,Vice-President -; ;`=n;^ r,,._f„ 54375 Route 25 ,._ P.O.Box 1179 Southold,New York 11971 Charles J.Sanders , "' '" Y .{:' t; u _ : •,. Glenn Goldsmith ? 'c� "�, '' `_ = `� '` Telephone(631) 765-1892 . ��_)' Fax(631) 765-6641 A.Nicholas Krupski ;. �'�U�� 5 e� - BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD This Section For Office Use Only Coastal Erosion Permit Application Wetland Permit Application Administrative Permit -Amendment/Transfer/Extension Received Application: Received Fee: $ _ _...__— Completed Application: Incomplete:. SEQRA Classification: Type I _ Type 11 Unlisted Lead Agency Determination: Coordination:(date sent):_ _ _LWRP Consistency Assessment Form Sent: CAC Referral Sent: Date of Inspection: Receipt of CAC Report: . _____ _ Technical Review: ��Public Hearing Held: Resolution: Legal Name of Property Owner(s): Retty Rdaards Johnson Mailing Address: 7503 Old Bridge Court Sugarland-, mx 77479 --- Phone Number: 832-265-0891 Suffolk County Tax Map Number: 1000- 10-3-11 Property Location: 1990 Peninsula Road _ Fishers Island (If necessary,provide LILCO Pole#, distance to cross streets, and location) AGENT(If applicable): JMO Environmental Coin G„I t in" -- Mailing Address- P.O. Box 447 , Ouogue, NY 11959-0447 Phone Number: 631 -653-0607 Board of Trustees Application GENERAL DATA Land Area(in square feet): 19,602 Area Zoning: R-40 Previous use of property: Single family dwelling Intended use of property: Single 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.? Yes x No Does the structure(s)on property have a valid Certificate of Occupancy? x Yes No Prior permits/approvals for site improvements: Unkno an Agency Date No prior permits/approvals for site improvements. Has any permittapproval ever been revoked or suspended by a governmental agency? x No Yes If yes,provide explanation: Project Description(use attachments if necessary): App Li -qan--pzQP9SPs t p rPmoye an existing deck, install approximately 110 ' of rock revetment along eroded bank, remove remains of crib dock and remains of damaged timber dock and construct a 41x70 ' fixed dock, 41x20 ' ramp with r rails and a 8 'x12 ' float with 18" legs at each corner and to install a 2 ' buffer strip and plant with shrub vegetation and coastal seed mix. Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Removal of existing deck, reconstruction of existing dock and shQre ] �nP stah� �iaatien Area of wetlands on lot: 2,400 square feet Percent coverage of lot: n/a % Closest distance between nearest existing structure and upland edge of wetlands: 0 feet 0 Closest distance between nearest proposed structure and upland edge of wetlands: feet Does the project involve excavation or filling? No x Yes If yes, how much material will be excavated? 3 5 cubic yards How much material will be filled? 35 cubic yards Depth of which material will be removed or deposited: 2-3 feet ' Proposed slope throughout the area of operations: 1 :3 Manner in which material will be removed or deposited: Backhoe 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): As proposed the proiect should have no negative impacts upon any wetlands or tidal Raters Board of Trustees Application COASTAL EROSION APPLICATION DATA Purposes of proposed activity: Removal of existing deck, reconstruction of existing dock and shoreline stabilization A Are wetlands present within 100 feet of the proposed activity? No x Yes Does the project involve excavation or filling? ' `No x Yes If Yes,how much material will be excavated? 35 (cubic yards) How much material will be filled? 35 (cubic yards) Manner in which material will be removed or deposited: backhoe Describe the nature and extent of the environmental impacts to the subject property or neighboring properties reasonably anticipated resulting from implementation ofthe project as proposed,including erosion increase or adverse effects on natural protective features. (Use attachments,if necessary) There are no anticipated impacts upon the subject or neighboring properties such as erosion or adverse effects on natural protective features i Short Environmental Assessment Form Part 1 -Project Information Instructions for Completing Part 1-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. 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 Name of Action or Project: Proposed rock revetment,removal of existing deck,removal of remains of existing crib dock and existing dock and construct a new dock Project Location(describe,and attach a location map): 1990 Peninsula Road,Fishers Island,NY,location map enclosed Brief Description of Proposed Action: Applicant proposes to remove existing deck,install approximately 110'of rock revetment,remove remains of crib dock,remove existing dock and construct a new dock Name of Applicant or Sponsor: Telephone: 832-265-0891 Betty Edwards Johnson E-Mail: Address: 7503 Old Bridge Court City/PO: State: Zip Code: Sugarland TX 77479 1.Does the proposed action only involve the legislative adoption of a plan,local Iaw,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 ✓ F1 may be affected in the municipality and proceed to Part 2. If 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: ❑ N.Y.S.D.E.C.& Town of Southold 3.a.Total acreage of the site of the proposed action? 0.45 acres b.Total acreage to be physically disturbed? 0 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 0.45 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban []Rural(non-agriculture) ❑Industrial ❑Commercial ®Residential(suburban) ❑Forest ❑Agriculture [I Aquatic ❑Other(specify): ❑Parkland Page 1 of 3 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? ❑ ❑✓ ❑ b.Consistent with the adopted comprehensive plan? ❑ 0 ❑ 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? 1:1 71 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:Fishers Island Sound ❑ 7 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO I YES a ❑ b.Are public transportation service(s)available at or near the site of the proposed action? 7 ❑ c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? Z ❑ 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: ❑ 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: ❑ 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? V ❑ b.Is the proposed action located in an archeological sensitive area? ❑ 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? ❑ ❑✓ b. Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ❑ ✓❑ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: Deep Hole Creak 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 ❑Agricultural/grasslands []Early mid-successional ® Wetland El Urban E]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? ® ❑ 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 c If Yes, � ❑ a.Will storm water discharges flow to adjacent properties? ❑NO ❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: NO []YES Page 2 of 3 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: ❑ ❑ 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: W1 ❑ 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? If Yes,describe: a F-1 I AFFIRM THAT THE IPFORMAT143N PROVIDED ABOVE,IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor nam : Gle n ust a ag nt Date: Signature: PRINT FORM Page 3 of 3 Town of Southold LWizp coNsiSTENC'Y ASSESSMENT FORM A. INSTRUCTIONS 1. 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 form should review the exempt minor action list, policies and explanations`of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area Lwhich 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 exljlained in detail listing both snpoorting and non- supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website(southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM[# 10 3 _ 11 PROJECT-NAME Removal of existing deck, dock reconstruction and shoreline stabilization The Application has been submitted to(check appropriate response): Town Board ❑ Planning Board❑ Building Dept: ❑ Board of Trustees LX J 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital ❑ construction,planning activity,agency regulation,land transaction) ❑ (b) Financial assistance(e.g.grant,loan,subsidy) (c) Permit,approval,license,certification: ❑ Nature and extent of action: ' Please see attached + R Location of action: 1990 Peninsula Road, Fishers Island Site acreage: 0 .45 Present land use: Existing single family dwelling R-40 Present zoning classification: 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Betty Fdaards Johnson 7503 old Bridge Court (b) Mailing address: Sugarland, TX 77479 (c) Telephone number: Area Code( )_6 3 2-2 6 5-0 8 91 (d) Application number,if any: Currently unkno an Will the action be directly undertaken,require funding,or approval by a state or federal agency? M N.Y.S.D.F.C. , N.Y.S.D.o.S. & ❑Yes No❑ If yes,which state or federal agency? t1.S.A.C.o.F. C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space,makes efficient use of infrastructure,makes beneficial use of a coastal location,and minimizes adverse effects of development. See LNVRP Section HI—Policies; Page 2 for evaluation criteria. Q Yes ❑ No ❑ Not Applicable The proposed project gill enhance the character of the community _ ____ preserves open space, and makes a benificial use of a coastal location. It is felt that this project is consistent gith this policy Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LVVW Section III—Policies Pages 3 through 6 for evaluation criteria ❑� Yes ❑ No ❑ Not Applicable The proposed project sill have no impact upon any known historic or archaeological resources. It is felt that this project is consistent with this policy Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria 0 Yes ❑ No ❑ Not Applicable The proposed project gill have no impact on any scenic resources nor gill it impact any visual qualities of the Toan Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. 1Vlinimnize loss of life, structures, and natural resources from flooding and erosion. See LW" Section III—Policies Pages S through 16 for evaluation criteria 0 Yes ❑ No ❑ Not Applicable The proposed project sill not cause accelerated erosion of adj,acer+ properties, sill not create any aesthetic impairment3 and there sill be no loss of marine or wetland habitat and there gill be no loss of public recreational resources. Tt is felt that this proje--+ is consistent with this policy Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria 0 Yes ❑ No ❑Not Applicable The proposed project sill have no negative impacts upon theguali4-q or the quantity of potable dater. It is felt thtat this project is consistent aith this policy Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. F] ❑ ❑ yes No Not Applicable The proposed project aill have no negative impacts upon the qua or function of any aetlands, ecosystems or areas of Significant Coastal Fish and Wildlife Habitats. It is felt that this prosect is consistent with this policy Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. 0 yes ❑No❑ Not Applicable The Proposed Project dill have no -impact iipnn air._c;ua.Lit.7 It felt that this project is consistent with this policy Attach additional sheets if necessary Policy S. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See 6NMP Section III—Policies; Pages 34 through 38 for evaluatioll criteria. Yes ❑ No ❑ Not Applicable The proposed project does not involve the use of or the disposal of solid aaste or hazardous substances and castes .this felt that thins project is consistent with this policy PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. 0 YeO No❑ Not Applicable The proposed project aill have no impact upon access to, end than recreational use of coastal aaters, public lands or the public - resources of the Toan. It is felt that thms pr-olect is consistenk aith this policy Attach additional sheets if necessary WORE ING COAST POLICIES Policy 10. Protect Southold°s water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LMW Section III Policies; Pages 47 through 56 for evaluation criteria. ❑Yes ❑ No ❑ Not Applicable The proposed project ai11 have no impact upon Southold ° s as er- epen en uses o or Fe siting of nea Rater-dependent uses in sui a e ocationS. It is e t that this project is consistent eith this 2olicy Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and 'Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No❑ Not Applicable T1ie proposed project gill have no impact upon substainable use of living marine resources. it is felt that this ro' ect is consistent with this policy Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III-Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No❑ Not Applicable T e proposed project does not involve agricultural lands. It is felt that this policy is not applicable to this project ___ Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III--Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ❑ Not Applicable 'die proposed projectdoes not involve the use of or the developm?+�f of energy or mineral resorces. " It is felt that this Policy is not applicable to this project --� Glenn R.. Just TITLE Agent DATE_- PREPARED BY APPLICANT/AGEN'I'/REPRESENTATIVL TRANSACTIONAL DISCLOSURE FORM The Town of SoufljolSEs Code 2 Ethics nrohibits conflict,,of interest on the part of town officers and emnloyees.Then se o this form is to,p�ovidc inforination which can alert the town of possible conflicts of interest and allow it to take whate_veraction is neemary to avoid same. YOURIVAME: Just, Glenn, R. (Last name,fust name,4iiddle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name. NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee X Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map ___ ___ Planning Other (If"Othee',name the activity.) Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of tile'1'own of Southold? "Relationship"includes by blood,njarriage,or business interest,"Business interest'-means a business, including a partnership,in which the town officer or employee bus even a pardal ownership of(or employment by)a corporation in which the town officer-or employee owns more than 5%,of the shares. X YES NO if you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)andlor 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 ofgreater than 5%of the$hares of the corporate stool:of the applicant ! (when the applicant is a corporation); t3)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? Apri 1 2Qa.� Signature Z Print Name Forin TS I Board of Trustees Application AFFIDAVIT If7� 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 kROSION PERMIT ISSUED BY THE BOARD OF TRUSTEES DURING THE TERM OF THE PERMIT. Signature of Property Owner SWORN TO BEFORE ME THIS `f'-fiGL DAY OF ruA ______,2o [7 • �V 4 ~~ Notary Public I �tiu+r�Qt ANN P LAMBERT My Commission Expires July 29,2018 Board of Trustees Application AUTHORIZATION (where the applicant is not the owner) I, PaarW,-Sn50X—residing at J ,5 (print name of owner of property) (mailing address) G!/► K do hereby authorize _ (Agent) JMO Environmental Consulting to apply for permit(s)from the Southold Board of Town Trustees on my behalf. r4 (O er's signature) APPLICANT/AGENUREPRESENTATWE TRANSACTIONAL DISCLOSURE FORM The Tamm of Southold's Code of Ethics yrohibils conflicts ofintcrest on the nmit of town officers and omployces.Thnn e nurse of th a fgrm is to nravide inCxRtation which can alert the town of possible conflicts of mterest and allow it to tak-c whatever action is necessary to avaid Barn YOUR NAME: (Last name,first name,ipiddle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Sc Change of Zone Coastal Erosion Approval of plat _ Mooring Exemption from plat or official map Planning Other (if"Other,name the activity.) _ Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or etnployce of the own of Southold? "Retationship"includes by blood,marriage,or business interest."Business interesC'means u business, including a partnership,in which the town ofriceror employee hvs 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 if ydu answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the T %vn of Southold Title or position of that person01!j? Describe the relationship between yourself(the applicant/agentlrepnesentative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of llic applicant (when the applicant is a corporation); B)the legal orbeneficial owner of any interest in a non-corpO ate entity(wli8n Uie 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 —/ day of 20x7 Signature " Print Name r S t/Oh�'75dYL Form TS 1 HAR50R SIE munms LEGEND FOR OYMER INFORMATION (� 17ARB I E5 © COVE LOCUS (D NOTES SCALE: 1"=400' 1.) THIS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE INDICATED HEREON. ANY EXTENSION OF THE USE BEYOND THE PURPOSED AGREED TO BETWEEN THE CLIENT AND THE SURVEYOR EXCEEDS THE SCOPE OF THE APPLICANT ENGAGEMENT. BETTY EDWARDS JOHNSON 2.) IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY PERSON, 7503 OLD BRIDGE COURT UNLESS ACTING UNDER THE DIRECTION OF A LICENSED LAND SURVEYOR, TO SUGARLAND, TX 77479 ALTER AN ITEM IN ANY WAY. 832-265-0891 3.) ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND SURVEYOR'S "Ey SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL ARE THE PRODUCT OFj ` THE LAND SURVEYOR. �� y 4.) A PORTION OF THE SITE IS LOCATED IN FLOOD ZONE VE ELEVATION 19 "�a PER FIRM (FLOOD INSURANCE RATE MAP) FOR SUFFOLK COUNTY, NEW YORK. COMMUNITY NUMBER 36103C, MAP NUMBER 36103CO019H MAP REVISED SEPTEMBER 25, 2009. 5.) SITE IS IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK TAX MAPo�ra E�O.a 1000, SECTION 010, BLOCK 3, LOT 11. rp�s �?OrESSI A 6.) TOTAL AREA = 0.45f ACRES. ABUTTERS LEGEND 7.) SITE IS LOCATED IN R-40 ZONE. 1.) CONCH OUT LLC 8.) BASE FOR LEVELS: MEAN LOW WATER PO BOX 730 MYSTIC, CT 06355 2.) BRUCE D. & ELIZABETH D. KINLIN 50 EAST 96TH STREET APT. 36 REVISIONS NEW YORK, NY 10028 PLAN OF PROPOSED DOCK REPLACEMENT CME ASSOCIATES Engineering, PREPARED FOR 1(� Land Surveying &Architecture, PLLC BETTY E D WARDS JOHNSON 1( formerly Chandler,Palmer&King 1990 PENINSULA ROADCME 33 Wilbur Cross Way,Mansfield,CT 06268 FISHERS ISLAND, NEW YORK 333 East River Drive,East Hartford,CT 06108 DATE: 03/01/17 1 SCALE:AS NOTED I SHEET: 1 OF 5 JOB #_,201682 888-291-32271 www.cmeengin6ering.com -2.4 x Q R -1.8R 8 x —1.6 P N x -2.4 REMOVE REMAINS OF ROCK OLD CRIB � '� x -1.8 - TOE OF SLOPE (10-25-2016) \ REMOVE —1.0 APPARENT HIGH \ METAL POSTS—/_0 8 x X _p.6 WATER LINE (AHWL) r 4X4 POSTS x -0.1 i ELEV.=3.3 TOP OF BANK \ Q (TYP.) �' (10-25-2016) r, r,REMOVE GFLPSS ��` COASTAL EROSION m, REMAINS OF DAMAGED, P�- 'w" /' HAZARD UNE-SHEET o �� WOODEN DOCI(�� ,� _ 47-FI OF 49 71"' TRE OVE ES / - ) L BENCH MARK— ,� � IRON ROD— (TYP.) , ✓/�i� > ELEV. 10.97 �w LIMITS OF , -, - �' / /'� 1 / TIDAL WETLANDS "\ �\pP ��PG� - ` �� /OF �P Nb'1j -r�� 2 �� R} A KINLIN APPARENT HIGH / \,�Q� 0.• / CoQ � `�,/ _ _`- F� WATER LINE (AHWL) :'c,P X12 ELEV.=3.3 � � pEO�s=� EXISTING TOE OF-SLOPE / ! 15. -T (10-25-2016) r -� � RESIDENCE oT� 18" - CHER 1 �6 � ICHER�?� � ~ !l TREE "4- „ N/F18 6� ft TREE CONCH OUT LLC -s�`j'-s 14" u s�• --0 TREE i , y 30" ' OAK 2�O• / OF FWW 40NE VE PER MAP REFERENCE No.2' /N." - LEGEND EXISTING CONDITIONS — — 4 — _ EXISTING CONTOUR x -4.3 EXISTING SPOT GRADE ELEVATION 30 15 0 30 R 'EVI 'SIONS iiii GRAPHIC SCALE IN FEET PLAN OF PROPOSED DOCK REPLACEMENT CME ASSOCIATES Engineering, PREPARED FOR �� Land Surveying&Architecture, PLLC BETTY E DWAR D S JOHNSON formerly Chandler,Palmer&King 1990 PENINSULA ROAD �p A 33 Wilbur Cross Way,Mansfield,CT 06268 FISHERS ISLAND, NEW YORK E 333 East River Drive,East Hartford,CT 06108 DATE: 03/01/17 'SCALE: 1"=30' . SHEET:2 OF 5 JOB # 2106822 888-291-32271 www.cmeengineering.Com -2.4x g0R G –1'8 x –1.6 \A P R PROPOSED x –2.4 REMOVE 'NEW DOCK-70' LON TOE OF REVETMENT x REMAINS OF 4' WIDE FIXED DOCK. F OLD CRIB 20' RAMP W/RAILS & +�5� AFTER CONSTRUCTION ROCK � 8 X 12. FLOAT– 1.3 x PROVIDE OPEN GRATE pp 'E DECKING STA. 0+0– o – 8 0+50 TOE OF SLOPE REMOVE -1.0 (10-25-2016)- \ \' METAL POSTS –0.8 x X 0.6 APPARENT HIGH WATER LINE (AHWL) 4X4 POSTS =0.1 i ELEV.=3.3 TOP OF BANK m) ✓ (10-25-2016) ,,,REMOVE (TYP. ---- ) � SS � ` i ORP ti� COASTAL EROSION. �, REMAINS OF DN DOC �� -\0N- HAZARD LINE-SHEET WO ODEREMOVE Ko REMOVE ,�`� (I _ 47=FIOF 49 WOODS t- BENCH MARK— �`�' TREE ES_,�;, n�` ; ' J/ IRON ROD— I_r, (TYP.) �' 7`i, $ � ` ELEV. 10.97 L ,f J \ BASE— MI W LIMITS OF, -;i OP = �' '� f=r �'12��?• �p, N/F TIDAL WETLANDS G� F 0P 161_, � . tet, FKINLIN APPARENT HIGH WATER LINE (AHWL) ?, 12 rC y ELEV.=3.3 j 14— TOE OF_ SLOPE �, �� EXISTING (10-25-2016) RESIDENCE PROPOSED TOP OF REVETMENT AT EXISTING �,E 1`O ja V TOP OF BANK ahr CHER�Y� PROVIDE 2' ;TREE INI NIF BUFFER STRIP. 18 CONCH OUT LLC PLANT WITH WOODY " 16� i' TREE ' SHRUB VEGETATION amity 's ~' r 14" _ AND COASTAL SEED MIX , /i `S / TREE PROPOSED ARMOR LAYER . �j p, / �0 14- RIPRAP REVETMENT 30" (SEE. DESIGN PLAN) OAK APPRQXIMATE Uu' OF FLOQ6461iE VE PER MAP REFERENCE No.2 LEGEND — 4 — — EXISTING CONTOUR PROPOSED DOCK x -4.3 EXISTING SPOT GRADE ELEVATION o NEW PILE LOCATION R E V I S I .0 N S 30 .15 0 30 GRAPHIC SCALE IN FEET PLAN OF PROPOSED DOCK REPLACEMENT CME ASSOCIATES Engineering, PREPARED FOR 1(� Land Surveying& Architecture, PLLC BETTY E DWAR D S JOHNSON ,( formerly Chandler,Palmer&King 1990 PENINSULA ROAD, CME , 33 Wilbur Cross Way,Mansfield,CT06268 FISHERS ISLAND, NEWYORK 333 East River Drive,East Hartford,CT 06108 DATE: 03/01/17 11 SCALE: 1"= 30' 1 SHEET:3 OF 5 JOB # 2016822 888-291-32271 www,cmeenginee'ring.com NOTE: ALL PILES do FRAME MATERIAL PROPOSED TO BE CCA TIMBER— PROPOSED NEW DOCK-70' LONG X DECKING TO BE RAMPDOUGLAS FIR OR OPEN 4' WIDE FIXED DOCK, 20' RAMP W/RAILS & GRATE (SEE DETAIL—SHEET 5) PROPOSED 8' X 12' FLOAT- 8' X 12' FLOAT TOE OF SLOPE PROPOSED 12" DIA. (10-25-2016) ROCK SLOPE _ PILE APPROX. HIGH TOP OF BANK 20 APPROX. LOW WATER (10-25-2016)WATER 20 1616 12, 2 FXI STING TIDAL GRASS SANDY BEACH—` GRADE AHWL 12 6 ELEV, 5.5f 8 . 4 MHWL= =3.3 —2 MLW ; : .. 02 2.5 II II IIIIII I1I1II O s II AlIiI SIIII nIiIl SIIII S1I1I 00 I IIIII NOco coSl ^NIII Na, II 11 11 II II II II II II 1+20 1+00 PROPOSED DOCK PROFILE o+oo NOTE: PROVIDE 18" LEGS AT 4 CORNERS OF FLOAT TO PREVENT FLOAT FROM RESTING ON BOTTOM AT LOW TIDES PROFILE SCALE HORZ: 1"=20' VERT: 1"=20' R E V I S I O N S PLAN OF PROPOSED DOCK REPLACEMENT r CME ASSOCIATES Engineering, PREPARED FOR � 0 Land Surveying & Architecture, PLLC 13ETTY E D WARDS JOHNSON formerly Chandler.Palmer&King 1990 PENINSULA ROAD 33 Wilbur Cross Way,Mansfield,CT 06268 FISHERS ISLAND, NEW YORK CME 333 East River Drive, East Hartford,CT 06108 LDATE: 03/01/17 1 SCALE: 1"= 20' 1 SHEET:4 OF 5 JOB # 2016822• 888-291-3227 1 www.cmeengineering.com WOOD PILE (TYP) w = w STRINGER CROSS MEMBER V -H o _ WOOD PILE (TYP) 0 - Li DECKING — z Li = kCHROSSMEMBERI" SPACE (TYP)-;F-- IO.± (TYP) - CENTER TO CENTER DECKING PLAN VIEW— 4' WIDE --DOCK WITH 2" X 8" DECKIN � I" SPACE (TYP)--11-- NOT TO SCALE Io' (TYP) CENTER TO CENTER PLAN VIEW= DO K WITH OPEN GRATE pEcKING 12" DIA 2" x 8" DECKING12" DIA PILING PILING I� lid iVII ELEV. VARIES II 3" x 10" STRINGER 11� I II II ELEV. VARIES II �� 3" x 8" SPLIT CLAMP M.H.W. M.H.W. 111111 III�II M.L.W �' + 3" x 8" CROSS BRACE f 5'# M.L.W. CENTER TO CENTER' NEW PILES CROSS SECTION 10 FT MINUMUM SIDE VIEW 4' WIDE FIXED DOCK WITH " X 8" DECKING NOT TO SCALE 8' 12' DECKING DECKING (TYP) STRINGERS (TYP) MHW WEXISTINGGRADE MHW FLOAT MHW EXISTING GRADE 1.51 END VIEW SIDE VIEW TYPICAL FLOATING DOCK NOT TO SCALE REVISIONS DETAILS PLAN OF PROPOSED DOCK REPLACEMENT � CME ASSOCIATES Engineering, PREPARED FOR 1 Land Surveying&Architecture, PLLC DETTY EDWARDS JOHNSON o /armed Chandler Palmer Y &King 1990 PENINSULA ROADCM-E 33 Wilbur Cross Way,Mansfield,CT 06268 FISHERS ISLAND, NEW YORK 333 East River Drive,East Hartford,CT 06108 DATE: 03/01/17 1 SCALE: NONE SHEET:5 OF 5 JOB # 2016822 888-291-32271 WwW.cmeengineering.com � . . of 5OU1" ' Michael J.Domino,President Town Hall Annex_ John M.Bredemeyer III,Vice-President 54375 Route 25 P.O. Box,,I179 Charles J.Sanders Southold, New York 11971 Glenn Goldsmith Telephone(631) 765-1892 A. Nicholas Krupski �IC�U ( Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE "Pre-construction, hay bale line/slit boom/silt curtain 1St day of construction % constructed Project complete, compliance inspection I Michael J.Domino,President SO � Town Hall Annex 64375 Route 25 John M.•Bredemeyer III,Vice-President P.O.Box 1179 Charles J.Sanders Southold,New York 11971 Glenn Goldsmith Telephone(631) 765-1892 A.Nicholas Krupski A� Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD August 16, 2017 Glenn Just J.M.O. Environmental Consulting Services PO Box 447 Quogue, NY 11959-0447 RE: ELIZABETH A. E. JOHNSON 1990 PENINSULA ROAD, FISHERS ISLAND SCTM# 1000-10-3-11 Dear Mr. Just: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, August 16, 2017 regarding the above matter: WHEREAS, J.M.O. Environmental Consulting on behalf of ELIZABETH A. E. JOHNSON applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated May 9, 2017; and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations; and, WHEREAS, the LWRP Coordinator issued a recommendation that the application to remove an existing deck at bottom of bank; install approximately 110' of rock revetment along eroded bank; remove remains of crib dock and remains of damaged timber dock be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, the LWRP Coordinator recommended that the proposed application to construct a 4'x70' fixed dock; a 4'x20' ramp with rails; and an 8'x12' floating dock with 18 legs at each corner to prevent float from resting on bottom at low tide; remove and replace existing embankment stairs to beach be found Inconsistent with the LWRP due 2' i to noncompliance to Chapter 111 of the Southold Town Code, Coastal Erosion Hazard Areas; and, WHEREAS, the Board of Trustees has furthered Policies 4.1, 6.3, and 9.3 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: the proposed dock meets all standards set forth in Chapter 275 of the Southold Town Code, Wetlands Ordinance; the dock proposal is located within a sheltered area that contains several other docks; and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on August 16, 2017, at which time all interested persons were given an opportunity to be heard;.and, WHEREAS, the Board-members have personally viewed and are familiar with the premises in question and the surrounding area; and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application; and, WHEREAS, the structure complies with the standards,set forth in Chapter 275 of the Southold Town Code; and WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town; NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, BE IT FURTHER RESOLVED, that the Board of Trustees approve the application of ELIZABETH A. E. JOHNSON to remove an existing deck at bottom of bank; install approximately 110' of rock revetment along eroded-bank; remove remains of crib dock and remains of damaged timber dock, and construct a 4'x70' fixed dock; a 4'x20' ramp with rails; and an 8'x12' floating dock with 18" legs at each corner to prevent float from resting on bottom at low tide; remove and replace existing embankment stairs to beach; and to install and perpetually maintain a 2' wide buffer strip planted with shrub vegetation and coastal seed mix along the landward*edge of the top of the bank; and'as depicted on the Proposed Shore Protection Site Plan prepared by CME Associates Engineering, Land Surveying &Architecture, PLLC, last dated March 1, 2017, and stamped approved on August 16, 2017, and also as depicted on the Proposed Dock Replacement,Site Plan prepared by CME Associates Engineering, Land Surveying & Architecture, PLLC, last dated March 1, 2017, and stamped approved on August 16, 2017. 3 Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of$50.00 per inspection. (See attached schedule.) Fees: $ 50.00 Very truly yours, Michael J. Domino President, Board of Trustees MJD/eac TERMS ANIS CONDI'T'IONS The Permittee Elizabeth A. E. Johnson,residink,at,1920- Peninsula Road,Fishers laland;New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: 1. That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages,of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at lois or her own expense, defend any and all such suits initiated by third parties,and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. 2, That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved,but should circumstances warrant, request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved,to provide evidence to anyone concerned that authorization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. 5, That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized,or if,in the opinion of the Board of Trustees,the work shall,cause unreasonable obstruction to free navigation,the said Permittee will be required, upon due notice,to remove or'alter this work project herein stated without expenses to the Town of Southold. 8. The Permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Clerk's Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety(90)calendar days of issuance of this permit. 9. That the said Board will be notified by the Permittee of the completion of the work authorized. 10. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, wluch may be subject to revoke upon failure to obtain same. 11. No right to-trespass or interfere with riparian rights. 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Bredemeyer III,Vice-President 54375 Route 25 - P.O.Box 1179 Charles J.Sanders Southold,New York 11971 Glenn Goldsmith ' Telephone(631) 765-1892 A.Nicholas Kru ski li Fax(631) 765-6641 P Coo' BOARD OF TOWN TRUSTEES, TOWN OF SOUTHOLD August 16, 2017 Glenn Just J.-M.O. Environmental Consulting Services PO Box 447 Quogue, NY 11959-0447 RE!.', ELIZABETH A. E. JOHNSON 1990 PENINSULA ROAD, FISHERS ISLAND SCTM# 10004 0-3-11 Dear Mr. Just: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, August 16, 2017 regarding the above matter: WHEREAS, J.M.O. Environmental Consulting.on behalf of ELIZABETH A. E. JOHNSON applied to the Southold Town Trustees for a permit under the provisions of Chapter 111 Coastal Erosion Hazard Areas of the Town Code.of the Town of Southold, application dated May 9, 2017; and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program-Coordinator for their findings and recommendations; and, WHEREAS, the LWRP Coordinator issued a recommendation that the application to remove an existing deck at bottom of bank; install approximately 110' of rock revetment along eroded bank; remove remains of crib dock and remains of damaged timber dock be found Consistent with the Local Waterfront Revitalization Program policy standards; and, WHEREAS, the LWRP Coordinator recommended that the application to construct a 4'x70' fixed dock; a 4'x20' ramp with rails; and an 8'x12'-floating dock with 18" legs at each corner to prevent float from resting on bottom at low tide;,remove and replace existing embankment stairs to beach be found Inconsistent with the LWRP, and specifically Inconsistent with the,following coastal policies pursuant to Chapter 111 k 2' . Coastal Erosion Hazard Areas of the Town Code: Policy 4.1 - minimize losses of human life and structures from flooding and erosion hazards; Policy 4.1 A— minimize potential loss and damage by locating development and structures away from flooding and erosion hazards; Policy 6.3'7-protect and restore tidal and freshwater wetlands, Policy 6.3 A - comply with statutory and regulatory requirements of the-Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction; Policy 9.3—preserve the public interest in and use of lands and waters held in public trust-by the State and the Town of Southold; and Policy 9.3 A - limit grants, leases, easements, permits or lesser interest in lands underwater in accordance with an assessment of potential adverse impacts of the proposed use, structure, or facility on public interest in public lands under water, and, WHEREAS,.the structure, as applied for is located within the Coastal Erosion Hazard Area (CERA), and will be constructed in the nearshore area and.on the beach, as per the Definitions in Chapter 111 Coastal Erosion Hazard Areas of the Town Code pursuant to Chapters 111-11 and 111-12 ; and Section,1-11-6 Definitions: Unregulated Activity-- Excepted activities which are not regulated by this chapter include, but are not limited to, elevated walkways or stairways constructed solely for pedestrian use and built by an individual property owner for the limited purpose of providing noncommercial access to the beach; docks, piers, wharves or structures built on floats, columns, open timber piles or other similar openwork supports with a top surface area 'of less than 200 square feet or which are removed in the fall of each year, normal beach grooming or cleanup; maintenance of structures when normal and customary and/or in compliance with an approved maintenance program; setup and maintenance of temporary,wildlife protective structures; planting vegetation and sand fencing so as to stabilize or entrap sand in primary dune and secondary dune areas in order to maintain or increase the height and width of dunes, routine agricultural operations, including cultivation or harvesting, and the implementation of practices recommended in a soil and water conservation plan as defined in § 3, Subdivision (92)1 of the Soil and Water Conservation.Districts Law, provided, however, that agricultural operations and implementation of practices will not be construed to include any activity that involves the construction or placement of a structure; and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application-on August 16, 2017, 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, 'NOW THEREFORE BE IT, RESOLVED, for the foregoing reasons, and because the proposed action is located entirely within the Coastal Erosion Hazard Area, in a nearshore area, in a beach area, and because the proposed action is not permitted in such areas pursuant to Chapter 111 of the Town Code, that the Trustees deem the proposal to construct a 4'x70' fixed' dock; a 4'x20' ramp with rails; and an 8'x12' floating dock with 18" legs at each corner to prevent float from resting on bottom at low tide to be impermissible under Chapter 111; and, BE IT FURTHER, RESOLVED, that for the foregoing reasons, the Board of Trustees DENIES the Coastal Erosion Permit application of ELIZABETH A. E. JOHNSON'to remove an-existing deck at bottom of bank; install approximately 110' of rock revetment along eroded bank; remove remains of crib dock and remains of damaged timber dock, and construct a 4'x70' fixed dock; a 4'x20' ramp with rails; and an 8'x12' floating dock with 18" legs at each corner to prevent float from resting on bottom at low tide; remove and replace existing embankment stairs to beach; and to install and perpetually maintain'a_2' wide buffer strip planted with shrub vegetation and-coastal seed mix along the landward edge of the top of the bank; and as depicted on the Proposed Shore Protection Site Plan prepared by CME Associates Engineering, Land Surveying &Architecture, PLLC, last dated March 1, 2017, and stamped approved on August 16, 2017, and also as depicted ,on the,Proposed Dock Replacement Site Plan prepared by CME Associates Engineering, Land Surveying &Architecture, PLLC, last dated March 1, 2017, and stamped approved on August 16, 2017. This determination should not be considered a determination made for any other Department or Agency, which may also have an application pending for the same or similar project: Very truly yours, Michael J. Domino President, Board of Trustees MJD/eac METAL POSTS RAMP 0 / MAP REFERENCES U 1. SLOPE STABILIZATION PLAN PREPARED FOR WILLIAM D. REED LOTS 48 & 0) � `� P / PROPOSED TOE OF REVETMENT 49-THE PENINSULA FISHERS ISLAND, NEW YORK, SCALE AS NOTED, DATED- n A / AFTER CONSTRUCTION JUNE 10, 2013, PREPARED BY CME ASSOCIATES ENGINEERING, LAND® •a. o 4X4 POSTS / SURVEYING & ARCHITECTURE, PLLC. o o U REMOVE OLD CRIB (TYP.) MATERIAL - -- - -- .� °' `o I- - APPARENT HIGH 2. FIRM-FLOOD INSURANCE RATE MAP SUFFOLK COUNTY, NEW YORK(ALL `g � c� c TOE OF SLOPE Y / WATER LINE (AHWL) JURISDICTIONS) COMMUNITY: TOWN OF SOUTHOLD NUMBER: 360813 PANEL 19 Q) v 0 / (10-25-2016) OF 1026 MAP NUMBER 36103CO019H REVISED SEPTEMBER 25, 2009. [ ® m o c PROPOSED ELEV.=3.3 NEW DOCK-70' LONG X � I END OF REVETMENT CONSTRUCTION- I •� E � _ Cj 4 WIDE FIXED DOCK, / MATCH INTO STONES ON ABUTTING n 20' F AMP W/RAILS & o / PROPERTY NOTES o E 8' X 12 FLOAT- / w 6— w SEE PLANS FOR DOCK o / 1. THIS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE INDICATED J ai ai l �j _ Z PROPOSED TOP OF REVETMENT _ Rs c HEREON. ANY EXTENSION OF THE USE BEYOND THE PURPOSED AGREED TO U c o II I ' w REMAINS OF DAMAGED / P`' / AT EXISTING TOP OF BANK w G� / BETWEEN THE CLIENT AND THE SURVEYOR EXCEEDS THE SCOPE OF THE a) N C� w WOODEN DOCK- �F , �/ PROVIDE 2' WIDE ENGAGEMENT. 0 •- � Q) > � -- BUFFER STRIP. , � � SECTION 2 / •'/'/ / 1, Imo) , �� /- % PLANT WITH WOODY 2. IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY PERSON, SST (n v N POCK JETTY / r / SHRUB VEGETATION UNLESS ACTING UNDER THE DIRECTION OF A LICENSED LAND SURVEYOR TO �. N w 00 a REMOVE OLD DOCK, PILES / ( / AND COASTAL SEED MIX ALTER AN ITEM IN ANY WAY. I `' ��, 0000 AND METAL POSTS / / I `l) /TREE PILES PROVIDE NEW STEPS Off% I' - 3. ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND SURVEYOR'S I/ COASTAL EROSION - / (TYP ) S /� /1 _---HAZARD UNE-SHEET SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL ARE THE PRODUCT OF i O \ 47-FI OF 49 THE LAND SURVEYOR. / d s REMOVE / / \ -j WOODEN / / \ TOP OF BAN\ 4. COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST AND GEODETIC o / c�F, ✓ / (10-25-2016) NIF / DECK / KINLIN SURVEY TRIANGULATION STATION "PROS" PROPOSED ARMOR LAYER / .•" /' ' a� / RIPRAP REVETMENT / - _ /' / / / 5. SITE IS IN THE TOWN OF SOUTHOLD COUNTY OF SUFFOLK TAX MAP 1000 4 \ \ / SECTION 10, BLOCK 3, LOT 11. i� \ / (SEE TYPICAL SECTION) / / DECK �® / / / / IRON ROD MARK- ELEV=7.8± LU ® ' BLOCK ELEV. =10,97 �� I / SF /// / ' ✓` ✓ / STEP 6. TOTAL AREA = 0.45± ACRES. L . 7 7. SITE IS LOCATED IN ZONING DISTRICT R-40. \�� / ,!�✓ �; `fi l ' , >> !- / , -12� ` ' �/O 8. BASE FOR LEVELS- MLW » 3 r /" LOCATION MAP SCALE 1 =400 O WOVEN WIRE FENCE (MIN 14 SECTION 1 r' �, ' san Wsr ® , ✓ / / LOCUST k0 / GAUGE W/ MAX 6" MESH PROVIDE A CONTINUOUS LINE / �x,' / 15 ° SPACING) Y< OF SILT FENCE. MAINTAIN �° / / j _/GLUM 1 �/ /_ 1 SILT FENCE THROUGHOUT CONSTRUCTION / / = i_ r 0-�/ / ' 1p MAX• CEN 36" MIN LENGTH FENCE SEE DETAIL o -� // / .HE Y CONC. PAD / �G� L ;z S - -,/ APPROXIMATE LIMITS TER TG ER POSTS DRIVEN MIN 16' 3 JI / ( ) ® /� REMOVEs,y.Y,` WOVEN WIRE FENCE (MIN 14 ----- R INTO GROUND �1MITS OF F ti'' , - ' �_ ,, \ ;.; -' -' OF FLOOD ZONE VE -- -- - --- / Gj �/ /"' '� {"` 1/2 GAUGE W/ MAX 6" MESH TIIDAL//ETLANDS ® /j , /% TREE �� F i `s, —— PER MAP f2EFERENCE No.2 SPACING) WITH FILTER CLOTH z_ - - - --------- ' ® -/ / `br/j � --� � / � # -•r= � -, r 36' MIN FENCE POST I o �� C\ ",- UNDISTURBED V SANDY BEACH ®/ �- / �p „x _= .1^Y` O� - - - / ,. , �,,,,, `t`_•. , FLOW--� GROUND SHAD / ,}, ,n;.0 v °E;:._ F S - - --- - HEIGHT OF j' �.. , COMPACTED SOIL 1 11 ? _ --- ---_ FILTER = 16" MINK - G - ® / LOCUST /. < --16- d O �• Oh EMBED FILTER CLOTH u 1 -- 1 2 c �M 8 L f � - F N R NO A MIN 0 6' I G OU PROTECT EXISTING fn APPARENT HIGH / / / -r / \ SHAD DURING 0 �S — s;, , ,<<:h;.'` �� EMBED FILTER WATER LINE (AHWL) ,/ , " `F'_` 4„ O� CLOTH A MIN OF ELEV.-3.3 / CONSTRUCTION ��E "; TREE 6" IN GROUND 1 ( -at . i - ` s r;Y� Y,. �- SECTION VIEW V VIEW i - ,,,, ,.., uPERSPECTI E IE / - - i " ' -,, r QUAD = EX{IST�IN'GA CEDAR 1 - ,� :'�+, t - ,.:Ott;''�F,�^i;, ,,:a,;;ie ,. - +^Sf-�,--r '"ij - — ( 1 /ice' _ f / TOP OF BANK o 1�", , I;_ .rj,l - - - ,' - _ / ( A ,• `;`�-<s�` . - .k CCD R / - - (10-25-2016) - - - CONSTRUCTION SPECIFICATIONS -- _ - --- Dc __ \ .i '`!',,t-; - - _ r `'-`.'{�'ra�nr ;k,r lt' ,:3 :".r v''�;, _ •.�'y� I --- - — "- _" - _ ?£+- ,�4x WOVEN WIRE FENCE TO BE FASTENED SECURELY TO FENCE POSTS WITH WIRE i - —� METAL FENCE j TIES OR STAPLES, POSTS SHALL BE STEEL EITHER 'T" OR 'U' TYPE OR /,may +a�T,-,4wr�r" ' „.°.,r.F',�.�`-r.;�?'r,',?.��, - - ',i --.,r 11 - MAPLE LLJ TOE OF SLOPE - CHERRY - b / HARDWOOD. _ f - - LOCUST : ,, ' ;px`s (10-25-2016 rs . << - °'' CHERRY 12 2 FILTER CLOTH TO BE . ASTENED SECURELY TO WOVEN WIRE FENCE WITH TIES ''CEDAR <<, -- � ( _ __„ SPACED _VERY 24” AT TOP AND MID SECTION, FENCE SHALL BE WOVEN WIRE, I� f I F = - 6 MAXIMUM MESH OPENING BEGIN REVETMENT � I \, , 1 0 I I _ , 1 / i 22' _ 'I CONSTRUCTION. TIE INTO � �_ -,- I EXISTING REVETMENT STEPS T ;,' -, 9<� TREE _ L - -` v =�� 3 WHEN TWO SECTIONS OF FILTER CLOTH ADJOIN EACH OTHER THEY SHALL BE O C "' OVER-LAPOED BY SIX INCHES AND FOLDED. FILTER CLOTH SHALL BE EITHER W ED EQILA\ADEN T "iLTt� X, IVIInHFI ,�)(�X, :,IAbLNI�A ii4VN, iiK Hi-'r'ItVv ' z � \TR 4, PREFABRICATED UNITS SHALL BE GEOFAB, ENVIROFENCE, OR APPROVED -J n PF20POSED TOP OF REVETMENT APPROXIMATE IJMITS , ' rr.,. 1 Ar;, ;o,,., _� - EE _ - I EQUIVALENT � Z Z AT EXISTING TOP OF BANK OF FLOOD ZONE VE---�� -- ,,,`'r' ° -J ' , _�- -1 - ;_ w 0 __ - 5 MAINTENANCE SHALL BE PERFORMED AS NEEDED AND MATERIAL REMOVED WHEN Q z PER MAP REFERENCE No.2lr - / �N,g _ -/ L -J 'v - \ - - "BULGES" DEVELOP IN THE SILT FENCE (n w - - --- Ld C - / ! -_ 12" V _ 14' � L-� - - \ ,_ I 'TREE ,- -� � � � � 10 - \ - - - TREE - �� i / - \ CHERRY LEGEND -' - (l7 PROPERTY LINE OAK ABUTTERS LINE - - I li 11 // COVER `III 1ti - MAPLE / Li EDGE OF GRAVEL -------- --------- CONCRETE / EXISTING CONTOUR 8 -- PAD / ' I _ / � \�- I' POST i � � FENCE NOW OR FORMERLY NIF - UTILITY POLE # S�• �, �`�/ BOUNDARY POINT OO / ORA - -- - NIF DRIVE - -- O ARMOR LAYER -- J CONCH OUT LLC --- Q' / cl 7 LESS THAN I --WEIGHT----!, DIMENSION __ _ / zUj BY WEIGHT J,, (LBS) ___(FT.�� \ O / z Q 0 (MIN ) -i'- 390 1.33 0 o 15 1250 1.97 J\ \\ - w 50 3130 267 \ o J 85 6140 3.34 / (n 100 (MAX.) 12520 4 23 \ \\ - EXISTING rs RESIDENCE \ / �LLJ Ed r- f- � \ o co 2 \ / APPUCANT: O iTOP OF BANK �J� n 14 (1U-25-2016) 14 14 14 / \ I 0 ARMOR LAYER RIPRAP REVETMENT 2 5,± _ I BETTY EDWBRDS JOHNSON z _ ARMOR LAYER RIPRAP REVETMENT TOP OF BANK / 7503 OLD BRIDGE COURT ¢ 4' MIN. DIA. ROCK AT TOE �-1't 12 12 - - - 10-25-2016 12 roe` SU GARLAND, TX 77479 f 1 - APPARENT HIGH WATER LINE Y - (10-25-2016) ) 12 _ - - - - - --- -- - - 4_ MINI. DIA. ROCK AT TOE POLE / 832-265-0891 TOE OF SLOPE 1 (100-25 2016)1 2.5'± / / #469 Q Q o 3 PROVIDE SILT FENCE (10-25-2016) PROVIDE SILT FENCE 10 -- - -- -- -- - - -- - ---- - 10 10 - -I - - - - - -- - - - - - - - - - 10 ' z PROVIDE LOAM IN DISTURBED j 2 I -•-1.� F 0 U TIDAL GRASS APPARENT HIGH WATER LINE :AREAS. PLANT WITH TIDAL GRASS SANDY BEACH I 1 n 8 - - -- --(WOODY-SHRUB-VEGETATION 8 8 8 GENERAL NOTES :AND COASTAL SEED MIX SANDY BEACH ;� PROVIDE LOAM IN DISTURBED 0 , 0 A_ ' _ 1.) GEOTEXTILE FABRIC TO BE INSTALLED IN ACCORDANCE WITH MANUFACTURERS o = o 6 \` _FILL VOIDS 6 6 I WOODY SHRUB VEGETATION AREAS. PLANT WITH\L11 6 RECOMMENDATIONS. MAINTAIN A MINIMUM OF 12 INC, OVERLAP AT ADJACENT m U V± IN SLOPE AS A N SECTIONS. GEOTEXTILEFABRICISTOBE PROPERLYANCHORED ASTOPREVENT o o w EXISTING __ _ _ ,NECESSARY _ _ _ " __ 4 4 COASTAL SEED RIPPING OR TEARING DURING INSTALLATION OF OVERBURDEN MATERIAL. O C) � W TATI O Li AND OAS AL MIX 4 GRADE ® EXISTING 4 o -H +I 4 t \ 1>t I �, . ' : `` 2.) ARMOR STONE SHALL BE FREE FROM ORGANIC DEBRIS, DURABLE, FREE I� W = o J GRADE 2 -�"' -- - - - - 2 2 - - --- - �� I I— - - - - - - - - - - - - - ! - 2 FROM SEVERE CRACKS, SEAMS AND OTHER DEFECTS THAT WOULD INCREASE m o PROVIDE 3" DIA. CRUSHED FILL VOIDS DETERIORATION FROM THE ENVIRONMENT OR CAUSE BREAKING DURING HANDLING IN SLOPE AS DATE: 11 /03/2016 STONE FILTER;LAYER AND PLACEMENT. - - - - - - - - - - NECESSARY PROVIDE MIRAFI FW-700 GEOTEXTILE 1't PROVIDE MIRAFI FW-700 GEOTEXTILE PROVIDE 3" DIA. CRUSHED 0 3.) FILTER STONE SHALL BE 3 INCH DIAMETER NOMINAL SIZE UNLESS 10 5 0 10 SCALE: 1 " = 10' FILTER FABRIC OR EQUIVALENT( I FILTER FABRIC OR EQUIVALENT(TYP.,) STONE FILTER LAYER OTHERWISE NOTED AND FREE OF ORGANIC DEBRIS. 1 -2 -2 -2 -2 GRAPHIC SCALE IN (FEET r° V Q0 co Lq co rl 0 cc Ln � co 4.) STONES SHALL BE PLACED IN SUCH MANNER AS TO CREATE A EVENLY PROJECT: #2016822 N " n o N GRADED MASS WITHOUT CAUSING DISPLACEMENT OF THE UNDERLYING MATERIALS. QUALITY CONTROL CERTIFICATION THE FINISHED SURFACE SHOULD BE FREE OF POCKETS OF SMALLER STONES GROUP REVIEWED DATE 0+50 SECTION 1 0+00 0+50 SECTION Z 0+00 AND CLUSTERS OF LARGE STONES. PROJECT MANAGER 5.) ALL DISTURBED GRASS AREAS OUTSIDE OF RIPRAP REVETMENT TO BE SURVEY SHEET HORIZONTAL AND VERTICAL ENVIRONMENTAL - 5 2.5 0 5 LOAMED AND SEEDED. CIVIL I OF I GRAPHIC SCALE IN FEET 6.) PROTECT BEACH GRASS DURING CONSTRUCTION. srRucruRAL ARCHITECTURAL ,-i�7�'?''^�{y"'� ' _ r � w L , __� •.. _ _ v it. �P'- �'. ' �•'1 Ap �{''''Y� � �" �F F .$ .� Y,S Tw K e � �,�s F A,' fk"".;� ,d;je ' 1w1,d '1Pi�`J '� ��; , „�pL_ •+' ?!''�,1 i^Gm{�,i�r n'ry".�,M1Y.`' ''=��t ::i��i� uV uv*r ,an •&� n, °.�/'4 i r - iwww - •m�WiW@uuiY iX'i0�'d�,pk� a ' µl I IAtldi"h^ Ian j r 'i rt' H.I�i�M SII „rnf� U.PP STAGE 1 PRESS FIRMLYTO SEAL ou NY 1959 PRESS FIRMLY TO SEAT uxrrenSE smres 1 1959 P 06, 17 m rorrac reancca AMOUNT w o _ � 1005 E 11971 --$6.65E -- — 305KI33313-05 y � �m ® rd PRIORITY a� E Ol 0 MAIL �� 0� TE LJ 0 OST/]ELERVICE, -io MM � n LI�IJ lr VISIT US AT USPS.O®JWO •°a �A ORDER FREE SUPPLIES ONLINE O. 7 moo DATE OF DELIVER(SPECIFIED* rn: FROM: e 7 . 0 e ® USPS TRACKING"i INCLUDED PMo.Environmental Consulting C°' H Box 447 3 Ouogue, NY 11959-0447 = 0 o INSURANCE INCLUDED* `a w0 al UI PICKUP AVAILABLE o IL Domestic only a w 1in 3 a` fD N Il I�Ij fD OO O N ° Elizabeth � a. Town A. Neville N WHEN USED INTERNATI®NALLV, Clerk am 9.6 Town of Southold a° a I� Expected Delivery Day: 09/07/2017 53095 Route 25 Jto USPS TRACKING NUMBER southil, QTY 11971 r °N �9 nw i Ill. jail alai 1111111 ill a 1. f is so 9505 5163 0397 7249 0474 99 Label 228,March 2016 FOR DOMESTIC AND INTERNATIONAL USE v m a N �® a� L ® UNIT SATES EP74•F July 2013 VISIT US AT PS00001000014 OD:12.5x9.5 ORDER FREE SUPPLIES ONLINE POSTAL SERVICE. Norklun, Stacey From:Neville, Elizabeth Sent:Monday, September 18, 2017 2:30 PM To:Norklun, Stacey Subject:FW: Coastal Erosion Appeal Please file in LF From: Chlebus, Matthew J (DEC) \[mailto:matthew.chlebus@dec.ny.gov\] Sent: Monday, September 18, 2017 11:32 AM To: Neville, Elizabeth Subject: RE: Coastal Erosion Appeal Thank you Elizabeth. I received the notification and was able to download the file. Regards, Matt Chlebus Matt Chlebus Assistant Engineer (Environmental) Coastal Erosion Management Bureau of Flood Protection and Dam Safety, Division of Water New York State Department of Environmental Conservation 625 Broadway, Albany, NY 12233 P: (518) 402-8139 | F: (518) 402-9029 | matthew.chlebus@dec.ny.gov | | www.dec.ny.gov From: Neville, Elizabeth \[mailto:E.Neville@town.southold.ny.us\] Sent: Monday, September 18, 2017 11:19 AM To: Chlebus, Matthew J (DEC) <matthew.chlebus@dec.ny.gov> Subject: Coastal Erosion Appeal ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. Hello Matthew, I have another “Coastal Erosion Appeal “ Referral. Once again, the entire application may be viewed on the Town of Southold Website www.southoldtownny.gov on the home page scroll down to the very bottom, middle and click on “Town Records” Weblink/Laserfiche. Click on Town Clerk; Coastal Erosion Appeals; Johnson, Betty Edwards. The entire application is there broken down into folders. The Town of Southold Coastal Erosion Code, Chapter III-25 Appeal to the Board of Review relates to the referral/transmittal of the application to the DEC. This case has been assigned to Assistant Town Please confirm receipt of this CEA. 1 Thank you. Elizabeth A. Neville, MMC Southold Town Clerk, Registrar of Vital Statistics Records Management Officer; FOIL Officer Marriage Officer PO Box 1179 Southold, NY 11971 Tel. 631 765-1800, Ext. 228 Fax 631 765-6145 Cell 631 466-6064 2