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HomeMy WebLinkAboutTR-9154 'L r•. 'd. Glenn Goldsmith,President sorry Town Hall Annex Michael J. Domino,Vice-President ,`O Ol0 54375 Route 25 P.O.Box 1179 John M.Bredemeyer III l J Southold,New York 11971 A.Nicholas Krupski G Q Telephone(631) 765-1892 Greg Williams Fax(631) 765-6641 �y00UNTY,Nc� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DATE OF INSPECTION: r f� �7,0 INSPECTED 13Y:' LL Ch::275 Ch. 111 . . INSPECTION SCHEDULE Pre-construction,'.hay.bale:line/silt 4boom/silt curtain 1st day of construction Y2 constructed Project complete, compliance inspection Prot p p COMMENTS: . r / � -11Y44 CERTIFICATE OF COMPLIANCE: -, No Marijo it will not be on our September 20, 2017 calendar. We still do not have all of the required paperwork. FYI—Our next regularly scheduled Board hearing will be on October 18, 2017. Diane From: Marijo Adimey [mailto:marijoesgC@me.com] Sent: Monday, September 11, 2017 1:13 PM To: Cantrell, Elizabeth; DiSalvo, Diane Cc: Veronica Subject: Easement hearing Hi ladies, I hope you both are well and enjoyed the rest of your summer. I just wanted to check in to see if the hearing for the Clark Road easement will be on September hearing list. I believe you mentioned they were waiting for some signatures. We just want to be able to plan ahead so we can attend. If you can let us know...thank you! Marijo Adimey and Veronica Lugris 21515 Soundview 2 Maim Diane From: DiSalvo, Diane Sent: Monday, November 20, 2017 8:01 AM To: 'Marijo Adimey' Subject: RE: Easement hearing Our November hearing was early this month—November 15, 2017. The matter you have been inquiring about was not on the calendar. FYI—December is early as well—December 13, 2017. Diane From: Marijo Adimey [mailto:mariioesq@me.com] Sent: Saturday, November 18, 2017 8:05 AM To: DiSalvo, Diane Subject: Re: Easement hearing Hi Diane, Hope you are staying warm. Just doing my monthly check in to see if the hearing will be held this November so we can take off work. Thank you! Marijo On Oct 11, 2017, at 11:02 AM, DiSalvo, Diane <diane.disalvo@town.southold.ny.us> wrote: No Marijo it will not be on our October 18, 2017 calendar. We still do not have all of the required paperwork. FYI—Our next regularly scheduled Board hearing will be November 15, 2017. Diane From: Marijo Adimey [mailto:marijoesa(,b)me.com] Sent: Tuesday, October 10, 2017 1:01 PM To: DiSalvo, Diane Cc: #►❑Love**❑ Subject: Re: Easement hearing Hi Diane I hope you had a good September.lust making my monthly inquiry to see if this issue will be on this month's hearing calendar so we can plan ahead. Thank you! Marijo On Sep 12, 2017, at 10:02 AM, DiSalvo, Diane<diane.disalvo@town.southold.nv.us>wrote: DiSalvo, Diane From: DiSalvo, Diane, Sent: Tuesday, January 23, 2018 9:16 AM To: Marijo Adimey Subject: RE:January 17th meeting Attachments: Adimey.pdf FYI—This is the address which the Town has on file for you through the Tax Assessor's Office (which is where your tax bill would be mailed). You may want to call the tax assessor and change your mailing address so it gets into our system. Diane From: Marijo Adimey [mailto:marijoesq@me.coml Sent: Sunday, January 21, 2018 8:53 AM To: DiSalvo, Diane Subject: Fwd: January 17th meeting Hi Diane, Happy New Year. Please see below and let me know. Thanks, Marijo Begin forwarded message: From: Marijo Adimey <marijoesg(a-me.com> Subject: January 17th meeting Date: January 21, 2018 at 8:51:57 AM EST To: elizabeth.cantrell(aD-town.southold.ny.us Liz I just looked up the hearing minutes and saw the matter was heard last week. We did not get any mailing about the hearing at either our address here or our permanent address. Maybe due to the storm, but we also saw no sign posted on the property. As you know, I've been tracking this for months so I can have an opportunity to be heard. What do I need to do to get this hearing reopened? Please let me know. Thank. Marijo Adimey 1 DiSalvo, Diane From: DiSalvo, Diane Sent: Monday, January 22, 2018 8:08 AM To: 'Manjo Adimey' Subject: RE:January 17th meeting FYI - I have a certified mailing receipt which shows that you were sent a notice to 245 W. 25th Street,Apt.4E, NY 10001 and I have an affidavit of posting signed by Anthony Trezza (applicant's agent)that property was posted for at least 8 days prior to public hearing. Diane From: Marijo Adimey [mailto:marijoesg0)me.com] Sent: Sunday, January 21, 2018 8:53 AM To: DiSalvo, Diane Subject: Fwd: January 17th meeting Hi Diane, Happy New Year. Please see below and let me know. Thanks, Marijo Begin forwarded message: From: Marijo Adimey <mariioesq(aD-me.com> Subject: January 17th meeting Date: January 21, 2018 at 8:51:57 AM EST To: elizabeth.cantrell(atown.southold.ny.us Liz I just looked up the hearing minutes and saw the matter was heard last week. We did not get any mailing about the hearing at either our address here or our permanent address. Maybe due to the storm, but we also saw no sign posted on the property. As you know, I've been tracking this for months so I can have an opportunity to be heard. What do I need to do to get this hearing reopened? Please let me know. Thank. Marijo Adimey i DiSalvo, Diane From: Marijo Adimey <marijoesq@me.com> Sent: Monday,January 22, 2018 8:37 AM To: DiSalvo, Diane Cc: Cantrell, Elizabeth; r❑LoverO Subject: Re:January 17th meeting We haven't lived there in over 2.5 years, so no one could have signed for me. My address is here. We updated our address 1.5 years ago. And he may have signed an affidavit that it was posted, but it must have come down. We were at the house for 5 days the week before the hearing. Nothing. I confirmed with our easterly neighbor who was also here— nothing. Bigger issue....since the Trustee's office and DEC have been to the property, both the bulkhead and the bluff have given way and failed. We have had an engineer in to examine both. We have photos we were going to present. Allowing a deck and stairs to an already existing failing bluff and bulkhead will surely cause it, and the neighboring properties, to collapse into the sound. That is why for months I've been monitoring this hearing date. Please advise. I'm happy to codify something in writing if need be. On Jan 22, 2018, at 8:07 AM, DiSalvo, Diane <diane.disalvoQtown.southold.ny.us> wrote: FYI - I have a certified mailing receipt which shows that you were sent a notice to 245 W. 25`h Street, Apt. 4E, NY 10001— and I have an affidavit of posting signed by Anthony Trezza (applicant's agent)that property was posted for at least 8 days prior to public hearing. Diane From: Marijo Adimey [mailto:marijoesome.com] Sent: Sunday, January 21, 2018 8:53 AM To: DiSalvo, Diane Subject: Fwd: January 17th meeting Hi Diane, Happy New Year. Please see below and let me know. Thanks, Marijo Begin forwarded message: From: Marijo Adimey <marijoesq ,me.com> Subject: January 17th meeting Date: January 21, 2018 at 8:51:57 AM EST To: elizabeth.cantrella-town.southold.ny.us 1 DiSalvo, Diane From: Marijo Adimey <marUoesq@me.com> Sent: Tuesday, January 23, 2018 9:34 AM To: DiSalvo, Diane Subject: Re:January 17th meeting We have done that already. We did that a year and a half ago. The fact that they have not updated their records should not work to my detriment. The trustees office has approved a decking and stairs that will most assuredly cause the bulkhead to collapse. As it stands now, Ian Crowley from Crowley marine as well as John from Latham have both confirmed that it's not a matter of if, but when. On Jan 23, 2018, at 9:15 AM, DiSalvo, Diane <diane.disalvo(2town.southold.ny.us> wrote: FYI—This is the address which the Town has on file for you through the Tax Assessor's Office (which is where your tax bill would be mailed). You may want to call the tax assessor and change your mailing address so it gets into our system. Diane From: Marijo Adimey [mailto:marijoesq@me.com] Sent: Sunday, January 21, 2018 8:53 AM To: DiSalvo, Diane Subject: Fwd: January 17th meeting Hi Diane, Happy New Year. Please see below and let me know. Thanks, Marijo Begin forwarded message: From: Marijo Adimey <mariioesq ccD_me.com> Subject: January 17th meeting Date: January 21, 2018 at 8:51:57 AM EST To: elizabeth.cantrell(aD-town.southold.ny.us Liz I just looked up the hearing minutes and saw the matter was heard last week. We did not get any mailing about the hearing at either our address here or our permanent address. Maybe due to the storm, but we also saw no sign posted on the property. As you know, I've been tracking this for months so I can have an opportunity to be heard. What do I need to do to get this hearing reopened? Please let me know. i DiSalvo, Diane From: Marijo Adimey <marijoesq@me.com> Sent: Tuesday, January 23, 2018 10:08 AM To: DiSalvo, Diane Subject: RE:January 17th meeting No problem. My office number is 212-943-1090 In the interim,what about the permit? From: DiSalvo, Diane [mailto:diane.disalvo@town.southold.nv.us] Sent:Tuesday,January 23, 2018 10:07 AM To: 'Marijo Adimey'<mariioesq@me.com> Subject: RE:January 17th meeting I just spoke to Claire at the Tax Assessor's Office—she would like to call you. Can you give me your number so she can call you—or would you prefer to call Claire yourself? Diane From: Marijo Adimey [mailto:marijoesq@me.com] Sent: Tuesday, January 23, 2018 9:34 AM To: DiSalvo, Diane Subject: Re: January 17th meeting We have done that already. We did that a year and a half ago. The fact that they have not updated their records should not work to my detriment. The trustees office has approved a decking and stairs that will most assuredly cause the bulkhead to collapse. As it stands now, Ian Crowley from Crowley marine as well as John from Latham have both confirmed that it's not a matter of if, but when. On Jan 23, 2018, at 9:15 AM, DiSalvo, Diane <diane.disalvo(a)town.southold.ny.us>wrote: FYI—This is the address which the Town has on file for you through the Tax Assessor's Office(which is where your tax bill would be mailed). You may want to call the tax assessor and change your mailing address so it gets into our system. Diane From: Marijo Adimey [mailto:marijoesq@me.com] Sent: Sunday, January 21, 2018 8:53 AM To: DiSalvo, Diane Subject: Fwd: January 17th meeting Hi Diane, Happy New Year. Please see below and let me know. 1 Maim Diane From: Marijo Adimey <marijoesq@me.com> Sent: Friday, January 26, 2018 8:59 AM To: DiSalvo, Diane; Cantrell, Elizabeth Cc: V❑Love 90❑ Subject: Easement permit—notice Elizabeth and Diane Please advise if the Trustee's Office is interested in knowing about the failing bulkhead and bluff for which the office just approved a 3 tier deck and stairs, thereby contributing to its early destruction. As I previously advised, the integrity of the bulkhead was inspected prior to the destruction occurring. As also previously advised, once their bulkhead fails, so does our and the neighbors to the west of the easement. As construction has not begun, it would appear that the Trustee has time to look into this matter and reverse its approval of the permit...if it wants. Thanks. Marijo Adimey 1 DiSalvo, Diane From: DiSalvo, Diane Sent: Tuesday, January 23, 2018 9:16 AM To: Marijo Adimey Subject: RE:January 17th meeting Attachments: Adimey.pdf FYI,—This is the address which the Town has on file for you through the Tax Assessor's Office (which is where your tax bill would be mailed). You may want to call the tax assessor and change your mailing address so it gets into our system. Diane From: Marijo Adimey [mailto:marijoesq@me.com] Sent: Sunday, January 21, 2018 8:53 AM To: DiSalvo, Diane Subject: Fwd: January 17th meeting Hi Diane, Happy New Year. Please see below and let me know. Thanks, Marijo Begin forwarded message: From: Marijo Adimey <marijoesg _me.com> Subject: January 17th meeting Date: January 21, 2018 at 8:51:57 AM EST To: elizabeth.cantrell(aD-town.southold.ny.us Liz I just looked up the hearing minutes and saw the matter was heard last week. We did not get any mailing about the hearing at either our address here or our permanent address. Maybe due to the storm, but we also saw no sign posted on the property. As you know, I've been tracking this for months so I can have an opportunity to be heard. What do I need to do to get this hearing reopened? Please let me know. Thank. Marijo Adimey i Fife _.Edit"View =Toolber„�Wirid*GWi-Help = ,,tom+,. _- -:,,,_ �_�:r ,-�:�:.�.,-I a;.:,_..,_,.,.,,,.y;,.,.. . �-- -.�-�- - � � Y-r,._ -f, .r. 135.-1-5 J4738�8J9,'•.-Southoid ,.r"=�z'„`' `�il- _�Active:= r< -�R/S`.`.1`,''d•;Schooli'`;S'outhold';', 1i 1i ” r-C,!,� , • ;r, 11 ti, �t f� } RollYeai'J2017 Curr`Yr° ',1'>"Tamil �R'es= rt Land 4V:'24.00 -"'.. Adrmeyr'Marijo'C - ',t<. , ,:,; ,za y'. z r: "' ,'S4: -� ''trl t° .1-- .-[. ,,,•::.» `7,. •i%.1;,..'- `^;;4'?`.'\^,i 4. .,!•,:., s:f`.',�y;: ,;.:s''0".'a' «-j-�.� ,Jt a +' F' '"t'' nXi limit.,rsx5'• ».•'• tt?i)^-' „X.,��.ty.m .,g:;,,' ( 'y •r)- ,fF`, 21,515;-Souirdi_io: p `, 6d;Si e;, _; a.::,•' !, ,c Tiotal;AV=.#10;000< �,; Chapter 55 PUBLIC HEARINGS, NOTICE OF § 55-1. Providing notice of public hearings. [HISTORY: Adopted by the Town Board of the Town of Southold 12-27-1995 by L.L. No. 25-1995. Amendments noted where applicable.] § 55-1. Providing notice of public hearings. [Amended 6-3-2003 by L.L. No. 12-2003] Whenever the Code calls for a public hearing this section shall apply. Upon determining that an application or petition is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon. Notice relating to a public hearing on an application or petition shall be provided as follows: A. Town responsibility for publication of notice. The reviewing board or commission shall cause a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. Applicant or petitioner responsibility for posting and mailing notice. An application or petition, initiated, proposed or requested by an applicant or petitioner, other than a Town board or commission, shall also be subject to additional notice requirements set forth below: (1) The applicant or petitioner is required to erect the sign provided by the Town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application or petition abuts, giving notice of the application or petition, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than 10 feet from the property line. The sign shall be displayed for a period of not less than seven days immediately preceding the date of the public hearing. The applicant, petitioner or his/her agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. (2) The applicant or petitioner is required to send notice to the owners of record of every property which abuts and every property which is across from any public or private street from the property included in the application or petition. Such notice shall be made by certified mail, return receipt requested, posted at least seven days prior to the date of the initial public hearing on the application or petition and addressed to the owners at the addresses listed for them on the local assessment roll. The notice shall include description of the street location and area of the subject property, nature of relief or approval involved, and date, time and place of hearing. The applicant, petitioner or agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. 55:1 05-01-2006 J Via Email and Hand Delivery ri-J Southold Town Board of Trustees r; 1.-= 's 54375 Route 25 y L, FEB 1 2 2018 �'J Southold, NY 11971 Board a(Tr;s ns February 12,2018 Subject: February 14,2018 Hearing for Application Pertaining to 21515 Soundview Avenue,Southold (Adimey/Lugris) Dear Board of Trustees, We are writing with regards to an application scheduled to be heard-on February 14, 2018, property address 21515 Soundview Avenue in Southold (hereinafter referred to as 21515) as well as in response to an email written by Marijo C.Adimey,dated February 3,2018 and addressed to the Board of Trustees (see attachment "A"). Please allow these comments to serve as written testimony for the hearing scheduled February 14,2018. As you may be aware, for the past 2 years Ms.Adimey has misrepresented material facts pertaining to the adjacent property immediately to the west of her own as well as particular individuals whom she identities in her correspondence. The address of 21415 Soundview Avenue (hereinafter referred to as 21415) is a legally identified tax map parcel that provides for access to and from the waters of the Long Island Sound for owners and easement holders. These rights date back to the early to mid 1900's, clearly existing before her purchase of the property in 2016. By way of background, Ms. Adimey and co-owner Ms. Lugris mistakenly believed that they owned a significant portion of 21415 in connection with the purchase of their property and made multiple attempts to restrict owners and/or easement holders from access. On several occasions over the past 2 years, letters and/or emails were sent to various representatives of the Town with inaccurate statements made pertaining to their "ownership" of the property as well as her characterization of others statements and/or actions relating to their use and enjoyment of property that they were legally entitled to use. In addition,letters/emails have been sent to easement holders and/or owners whereby Ms.Adimey threatens to initiate legal action should anyone use the private property known as 21415 as they are legally entitled to do. In April of 2017, after much discussion and multiple perceived attempts at intimidating the adjacent property owners/easement holders,Ms.Adimey and Ms. Lugris both signed a correction deed (see attachment"B"),acknowledging their misunderstanding of where their property boundaries actually were, previously referenced in legal descriptions dating back many years. At no point in time, as far as we know, has Ms. Adimey or Ms. Lugris corrected prior misstatements to the Town representatives copied on multiple emails/letters relating to their misunderstanding of what legally was considered their property versus what was legally considered property owned by others. With this being said,we recognize that these types of disputes between neighbors are civil matters not Involving the Town and we will proceed as necessary to resolve them. It is important to note however, that the Town should have an understanding of these matters based upon the facts, not deliberate and repeated misrepresentations by any resident property owner on any application or against any neighbor. Hopefully this serves to save you,your staff and the taxpayers both time and expense. In Ms. Adimey's email to the Board of Trustees, dated February 3, 2018, she states that "the Board (Trustees) should not allow construction of a stairs/deck for recreation purposes that will undoubtedly cause the complete collapse of not only the applicants bulkhead,but of our bulkhead, bluff and house", referencing the prior approval of a set of stairs leading to the bulkhead, as well as stairs over the bulkhead on the adjacent property known as 21415. It should be noted that there have historically been stairs present on 21415 to allow for access down the bluff to a small beach area (waters of the Long Island Sound as referenced in the historical ownership/easement documents). Since on or around 2011, when the prior owners of 21515 installed a continuous bulkhead from the northeastern corner of their property all the way across 21415 on to the adjacent neighbor's property to the west,access has been limited without stairs-down the bluff and now, over the bulkhead, as the new bulkhead eliminated the larger sandy area as it once existed. It should also-be noted that Ms.Adimey herself has kept in place, through several Trustee applications, including the one before you, the much larger set of stairs and platforms that loom over the bluff face on her property,as well as the stairs over the bulkhead, thereby allowing her access to the water. Interestingly, she does not propose to take down these structures, while at the same time alleging that the set of stairs on the adjacent property will destroy her bluff and house. Trustee notes from past applications also refer to the large size of those platforms and the need for additional review before they are rebuilt. In addition, Ms. Adimey alleges that the continuous bulkhead across her property and 21415 is failing and the bluff is eroded. Town files indicate a request from a consultant working on Ms.Adimey's behalf to have the Trustees inspect the bulkhead and bluff (see attachment "C") of BOTH properties. As illustrated in the attached,Trustee notes show"no apparent bulkhead failure,difficult to see with snow from 1/4/18 stoma". Nevertheless,an email was sent by the Town Trustee's office staff on February 5, 2018 to the consultant used for 21415's application for stairs indicating that Ms. Adimey had sent photographs which show that 21415's "bulkhead may have failed and we would like you to take immediate steps to investigate this and possibly apply for an emergency permit. Please contact this office as soon as possible". Our consultant then requested the pictures sent by Ms.Adimey,which were also forwarded to him. Upon hearing of this, we immediately investigated the situation ourselves only to conclude that there was no issue with the bulkhead on 21415 or, by appearance,no imminent danger of collapse of the continuous bulkhead to the east on and across Ms.Adimey's property. Moreover,the pictures that were forwarded by Ms.Adimey and subsequently forwarded by a member of the Trustee office staff seem to be of Ms. Adimey's eroded bluff, including areas in and around their stairs/platforms. None of the pictures forwarded indicate a perspective of 21415's bulkhead or bluff, T thereby creating confusion as to how and/or why these pictures would have been sent along with the claim that 21415's bulkhead was "in imminent danger of collapsing." This was immediately expressed to a member of the Trustee office staff and the Town Attorney's office representative to the Trustee Board on Monday afternoon, in person. As a follow up, Chris Nuxzi had a discussion by phone with Trustee President Michael Domino on February 8, 2018 in order to insure that the Trustees themselves were aware of the inspection done and the relative good condition of the bulkhead. In response, Mr. Domino stated that an inspection had again been done by the Trustees on February 7, 2018 and that there was no apparent failure or issue with the bulkhead running across either 21415 or 21515 Soundview Avenue. What was found, however, and also can be seen protruding through the eroded portion of the bluff on the property of 21515 was at least 1 drain pipe that seems to be coming from Ms. Adimey's property. While there is no question that the wind,waves and rain caused by Mother Nature do affect all waterfront properties, especially in areas exposed to the Long island-Sound, it also seems reasonable to believe that a drain pipe(s) discharging runoff on to a sandy, steep slope could cause erosion of the bluff. It may also have caused erosion to neighboring properties as well and we ask that it be investigated and removed as soon as possible. Ms. Adimey also alleges that she had planned on attending the January 17, 2018 meeting where the application for stairs on 21415 was approved. She alleges that the property was not posted. Please see attachment"D",showing the property was posted prior to the dates she mentions and remained posted until after the hearing date of January 18, 2018. In addition, certified letters were sent, as required. Considering Ms. Adimey's own acknowledgement of learning of this application in May of 2017 (although it was not accepted and scheduled for hearing until January of 2018) and admitted monthly follow up with the Trustee office,it is hard to believe that she was unaware of the hearing. Pertaining to the subject of 21515's current application, on February 5, 2018, a FOIL request was made to review the application file. Considering Ms.Adimey's assessment of current conditions relating to the existing bulkhead across both properties, it was disappointing to find no detailed plans/explanation of why this new structure is even necessary? In addition and most importantly, there is no compelling illustration of existing conditions(relating to the existing bulkhead),no information on the height of the new bulkhead and returns, how the work will progress with regards to erosion control, the affect to neighboring property, specifically 21415, the effects of now breaking what is one continuous bulkhead (effects to the bulkhead Itself and also with regards to future erosion), and how the existing bulkhead will be cut, repaired and tied in to the new bulkhead proposed. In addition, no explanation is offered on how the disturbance to adjacent privately owned property, 21415, caused by this project will be addressed, detailing the extent of the disturbance, cost and responsibility to remediate. As there are many questions left unanswered at this time,we respectfully request that an approval be withheld at the February 14 meeting. We still hope to be able to work amicably with Ms. Adimey going forward and certainly do not wish to see her property negatively impacted by continued storms. At the same time, we want to insure that any proposals relating to the bulkhead are addressed appropriately,with all questions being answered and that we.also are able to peacefully enjoy access to the water as neighbors. Ms.Adimey bought her home In the location that it exists today, "12 feet back from the top of the bluff" as she says in her ' r l email. That reality hasn't changed, nor have the affects of Mother Nature year In and year out. We look forward to working with this Board and our neighbors in the days ahead and thank you for your time and attention. Sincerely, Matthew Cappablanca Walter&Elaine Flesche Chris&Sandy Nuzzi ''A" C s PASS) February 3, 2018 Via email and regular mail Board of Town Trustees,Town of Southold 54375 Main Road Southold,New York 11971 Re: Application and Approval of Permit for Bluff Stairway, Deck, Platform and Stairs for Easement Property located at 21415 Soundview Avenue Dear Trustees. This appeal'letter is in response to a permit issued on January 182017 following a hearing on that date in regards to an application Filed on May 23.2017 by an owner ofan easement that is adjacent to our property to construct a bluff stairway,deck, platform and bulkhead stairs. In sum, the issuance of this permit will undoubtedly cause not only our land and house to collapse.but that ol'our neighbors and the easement holders. Tfie permit issued two weeks ago must be revoked. ,There are facts concerning this property that were not known to the Board at the time of the site inspection. but most importantly were not known at the time the hearing was held. The owner of:this easement has been issued a permit to construct a bluff slairwav,deck,platform and bulkhead stairs onto a 20 ft wide easement that currently has not only a failing bulkhead but an eroding bluff. In addition,due to the current storm from early January 2018, my easterly neiahbor's bulkhead, bluff and stairs has come down, and my.bulkhead has begun to fail and my. bluff has been completely Washed-out. Binh of us have applications pending/in process for the erection ol'new bulkheads. To allow the casement holder to perform the requested excavation and construction on adjacent land that has a flailing bulkhead ad eroding bluff is reckless, =irresponsible°and will most assuredly destroy not only their property but their adjoining neighbors' property and homes. Despite this Board having issued a Permit on January 18'":construction on the project has not begun and the Board still has the opportunity to accomplish what is supposed to be its sole mission, to lessen the environmental impact on the suU{ect and neighboring property and adverse effects on neighboring properties as well as natural protective features. I have consulted with three(3) local engineers,all of whom were wiling to attend the hearing with me,and each would have advised that if the Town approved a permit for this construction on an already weak. failing bulkhead,and bluff, it is an absolutely certainly that their bulkhead and ours will collapse. Most importantly each of them has advised that given the close proximity of our home to the edge of bluff.our home will certainly collapse into the bluff. By way of history. I learned of this application in May 2017 and have been following monthly with Elizabeth and Diane I'or the hearing date,so�that I may attend the hearing with these engineers and raise these concerns with the Board. I have monthly emails with checking on the status.of the application,which I am happy to provide. It was my full intention to attend this hearing with the engineers and advise the Board of-the dangers to the bluff, bulkhead,our house and the Sound given (he current instability or-the bulkhead and bluff oil each of our properties. This was even be fore I learned that the bulkhead had actually begun to fail. In order for the'Town to appreciate the gravity of the risk that is now inherent by the granting of this pennit,a history of our current bulkhead and that of the easement holders is needed. We purchased our home from the McDonald fhmily in early 2016. We learned that a brand new, fiberglass bulkhead was erected in late 2011 due to the fact that not only had the prior McDonald wooden bulkhead failed, but the easement bulkhead had also failed. In preparing to build a new:one. Bruce MacDonald approached the easement owners about sharing the costs ofconstruction giy'en both bulkheads had failed. The easement holders decided that thev were not makine anv el-lortS to have the bulkhead replaced,and would not contribute financially to its�own replacement. In order to prevent their land and home from literally falling into the Sound from the absence ofa bulkhead and bluff on the easement.the McDonalds were furred to incur the entire cost of erecting the bulkhead, restoring the WIT,and replacing the fill/t,egetation on property�-they did not own. John Husker from Latham Sand and Gravel was hired by the McDonald family to erect a fiberglass-bulkhead on both his property, as well as that 'of'the easement, in addition to providing-:the requisite fill and vegetation. r . ,Since both bulkheads were erected by the McDonalds in 2011.there has been no attempt by any casement holder to either improve the property in any way.to plant ve-clation that would decrease the erosion of the bluff.or to apply for a permit to erect any structure of any kind including a stairs. It was not until May 2017, when an casement user who recently moved onto Clark Road requested one of'the easement owners to apply for the permit in question that any action was taken of any kind with respect to this casement. Notably,the application does not include permission to replace the bulkhead. repair the bulkhead,or restore the already eroded bluff. For the last year and a halt. my family has repeatedly hired the services of local marine contractor to make spot repairs on our current bulkhead caused by the damage from not only rock and waves beating;on the Iiberglass and causing it to split open, but of the erosion of the bluff When performing;these repairs, (lie contractors have repeatedly advised that our bulkhead is not only failing, but the casement bulkhead is failing;as well. In late December, four different marine contractors came to the property to advise us that not only was our bulkhead in imminent danger of collapsing,but so was the easement bulkhead. Each of them stated,and are willing to state to this Board.that it's not a matter of if both bulkheads will fail---but a matter ofwhen. In addition. in early January 2018 as a result of the storm. the bulkhead of the easterly property actually collapsed. The easement is deeded to several properties located on Clark Road.about 200 feet east of the easement. In addition,there are several properties on Clark Road who are not lawful owners. but have rights of ingress/egress to use the easement. `Dere has been no indication in any way that the easement owners/users have any intention of making;any repairs to their failing bulkhead.or to replace it. More importantly and to the contrary;all they have done is applied for and received a permit that will undoubtedly cause the bulkhead to conic down,and will undoubtedly cause our bluff, house and bulkhead to collapse. As evidenced by the attached survey,our home is only 12 feet back from the top of the bluff. Every single marine contractor who has stepped-foot onto our property has advised that any further erosion of either our bluff or the easement blurrcaused from either the excavation and construction proposed.or a further failine bulkhead and blulTwill put our house in immediate ieopardy'of caving into the eroded blulf. Each of these contractors was/is willing to advise the Board of this certainly. J ' My family has spent the last month selling oft personal property.taking steps to move our primary home,and applying for a loan to cover the balance all in order to pay for a new bulkhead and bluff. Our family,as well as our easterly neighbors,are taking whatever ellorts that are needed to protect our home from literally collapsing into the Sound. Allowing the easement owners to perform this construction an an eroded bluff and failing bulkhead will expose the Town to liability.and cause catastrophic dams w to not only the casement, but of our home and land. On January 21.2017 when we came to our home f'or the weekend. I learned that the hearing was held on Thursday the 181h. I learned from Elizabeth that despite our having proof that we filed our correct address with the town and tax authority, the certilied mail was sent to an address that we have not lived in two years,and'signed by someone who was not us. In addition, most likely due to the recent storm and weather,the signage that should have been posted on the easement was not present the weekend before the hearing at any time on January 1211. 1311, 144, or I5`f'. As we did not receive the certified letter and the sign was not posted the week immediately prior to the hearing, we did not know it was scheduled for January 18`h. We most certainly would have attended the hearing if we had been properly advised. 'this however,should be of no consequence to the Board's actions with respect to this matter. As-stated above. the Board still has the opportunity to do the right thing and follow its mission and purpose. This Board should not Allow construction ofa stairs/deck for recreation purposes that will undoubtedly cause the complete collapse of not only the applicant's bulkhead. but of our bulkhead. bluffand house. 17o grant such a permit when the'town was notice of the above.and without any steps to prevent it is unquestionably irresponsible and reckless. The permit issued just two weeks ago must be revoked, or a second hearing held on the matter. '14,lie failure of the Board to do so will result in monumental destruction of our land and home. the land belonging to the easement;and the land of our easterly and westerly neighbors. While we cannot force the easement,holders to be concerned about their own land,or spend any stoney to improve'it; we certainly shouldn't allow them to cause further destruction of, not only their land,,but that of their neighbors. It is respectfully requested that each of you visit the location in question,speak to the engineers/marine contractors we have consulted with,and consider that our home will be destroyed ifthe'f own allows this constriction to continue. I attach to this letter photographs of both the damaged bulkhead and croding bluff in front of the easement and our home.as well as that of our easterly neighbors. I am certain that if the Board were aware of the magnitude or this situation at the time of hearing,a permit would have never been issued. I also strongly encourage the Board to speak to each of the engineers/marine contractors who have knowledge ofthe destruction and risk-of'the proposed construction going forward; I am happy to put each of them in touch with the Board. I trust the Board will do what is right to prevent our land and home from being completely destroyed by the issuance of this permit. Sincerely. Marijo C. Adimey 1111111 IN 111111111111111 IN 1111111111011111111 111111111111111111111 IN SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: CORRECTION / DEED Recorded: 08/15/2017 Number of Pages: 5 At: 02:55:42 PM Receipt Number : 17-0140519 TRANSFER TAX NUMBER: 17-02093 LIBER: D00012925 PAGE: 223 District: Section: Block: Lot: 1000 135.00 01.00 005.000 E=4INED AND CHARGED AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $25.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO LA-CTY $5.00 NO EA-STATE $125.00 NO TP-584 $5.00 NO Notation $0.50 NO Cert.Copies $0.00 NO RPT $200.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $400.50 TRANSFER TAX NUMBER: 17-02093 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County r ' • , 1 2 RErOP.D£D 2017 Aug IS 02153:42 FM iUDITH R. PASCALS Number of pages S CLERIC OF SUFFOLX C01lHrV L D00012928 This document will be public P 223 DTI! 17-02093 record.Please remove all Social Security Numbers prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recut"/Filing Stamps 3 1 FEES Page/Filing Fee Mortgage Amt. 1.Basic Tax Handling 20, 00 2. Additional Tax TP-584 S SubTotal Notation Spec./AsM or EA•5217(County) Sub Total S5.Sp Spec/Add. EA-5217(State) TOT.MTG.TAX R.P.TS A Dual Town Dual County Held forAppointment Comm.of Ed. S• 00 TransferTax Affidavit • . Manston Tax The property covered by this mortgage Is CerdfiedCopy or will be Improved by a ane or two NYS Surcharge 1S. 00r fam7y dwelling only. Sub Total y_ orNO Other t. Grand Total- y II NO,see appropriate tax clause on p 4/, page#D or thh instrun►ent.//l 4 OIst.1 17=70 1000 13.500 01.00 005000 100 S Community Preservation Fund Rt alPropen �PCSA Conaideratioa Amounts_ . Tax Service Agency � CPF Tax Due S Verificatforl ' ImprovedL-1-1 6 Satisfactions/Dlscharj4VQ 8InR pr rtyOwnen MalRng Address Natant Land Superior Data Services,Inc. NTO 188 Montague Street TO Ste-1000 TO Brooklyn.N.Y..: 11201 0 TD Mag to:Judith A.Pascale,Suffolk County Clerk Title Company Information 310 Center Drive, Riverhead, NY 11901 Co..NameSOS - www:suffolkcountyny.gov/clerk Tkle 1 8 Suffolk County- Recor ing & Endorsement Page This page forms part of the attached Coffection Deed made by:• (SPECIFY TYPE OF INSTRUMENT) Mark S McDonald William J McDonald III The promises herein Is situated in Bac0 L McDonald SUFFOLK COUNTY,NEW YORK. TO In the TOWN of Southold Madjo Camille Adimey In the VILLAGE Veron im MArta Lugris. or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED iN atACK"INK ONLY PRIOR TO RECORDING OR FILING. ver ' a —CORRECTION DEED- -ewoin ala sale teal.wBb Ca , 'apiou OmaMeS AM—ladhi&W m Capmwim(Smell Sbaa) CONSULT YOUR LAWYER BEFORE SIGNING THS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAYYYERS ONLY. THIS INDENTURE,made the I* day ofiW in the year 2017 BETWEEN MARK S.MCDONALD,residing at Paradise Point Road,Southold,New York 11971, WILLIAM J.MCDONALD,Ill,residing at 935 North 440 East a/k/a 935 North Martha Lane,Midway,Utah 84049,and BRUCE L.MCDONALD,residing at 21515 Soundview Avenue,Southold,New Vork 11971, party of the first part,and MARIJO CAMILLE ADIMEY and VERONICA MARIA LUGRIS,a married couple, residing at 245 West 25th Street,Apt.4E,New York,New York 10001, party of the second part. WITNESSETH,that the party of the first part,in consideration of Ten dollars paid by the pay of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold,County of Suffolk and The State of New York,more particularly bounded and described as follows: BEGINNING at a concrete monument along the northerly side of Sound View Avenue at the southeast comer of land to be herein described and the southwest comer of land now or formerly of Florence Vasilakis, Alexander Vasilakis and Geroge Vasilakis, said point being distant 1,2311 feet as measured along the easterly and northerly sides of Sound View Avenue from the comer formed by the intersection of the northerly side of North Road(C.R. 48)with the easterly side of Sound View Avenue; RUNNING thence South 84 degrees 44 minutes 20 seconds West along the northerly side of Sound View Avenue, 50.00 feet to a concrete monument at the southwest comer of land now or formerly of Alexander Spiridakis and others; RUNNING thence North 18 degrees 41 minutes 40 seconds West along the easterly line of above said land,210.32 feet to a point along a bulkhead at the apparent high water mark of Long Island Sound; RUNNING thence North 88 degrees 03 minutes 29 seconds East along above said bulkhead and high water mark, 84.06 feet to a point along the westerly line of land now or formerly of Florence Vasilakis,Alexander Vasilakis and George Vasilskis; RUNNING thence the foilowing two(2)courses and distances along the westerly line of above said land: (1)South 18 degrees 41 minutes 40 seconds East,46.19 feet to a point; (2)South 07 degrees 22 minutes 40 seconds East, 154.51 feet to the point or place of BEGINNING. Whereas this Correction Deed is being recorded to correct the legal description as shown in Deed made by MARK S.MCDONALD,WILLIAM J.MCDONALD,III and BRUCE L.MCDONALD to MARIJO CAMILLE ADIMEY and VERONICA MARIA LUGRIS.a married couple dated March 16,2016 and recorded on March 30,2016 in the Imo~ Office of the Suffolk County Clerk in Liber D00012858,Page 576. TOGETHER with all right, rifle and interest, if any,of the party of the flrst part in and w any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the patty of the first pan in and to said premises;TO HAVE AND TO HOLD the premises r� herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever: AND the pany of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. AND the pany of the first pan,in compliance with Section 13 of the Lien Law,covenants that the party of the first pan will receive the consideradon for this conveyance end wilt hold the right to receive such consideration as a M fiord to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word"parry"shall be construed as if it read"panics"whenever the sense of this indenture so requires. W WITNESS WHEREOF, the party of the first pan has duly executed this deed the day and year first above written. 1 44tE3l!NE%-9F; MARK S.MCDONALD WILLIAM J.MCDONALD,III By Mark S.McDonald,his Agent rRW ir, BRUCE L.MCDONALD By Mark S.McDonald,his Agent .f ACKNOWLEDGEMENT TAKEN IN NEW YORK STATE ACKNOWLEDGEMENT TAKEN IN NEW YORK STATE State of New York,County of Suf f0,1k State of New York,County of ,ss: On the 4th day of Aprilin the 2 17, before 1tt�, the On the day of in the year , before me, the undersigned, personally appeared :TPS:, �persorml ovomlwn to -undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be me or proved to me on the basis of satisfoctory evidence to be the individual(s)whose name(s)is(are)subscribed to the within the individual(s)whose name(s)is(are)subscribed to the within instrument and acknowledged to me that he/she/they executed instrument and acknowledged to me that be/shahhay executed the same in his/her/their capacity(ies), and that by his/her/their the samein his/her/their capacity(ies). and that by his/her/their signature(&)on the instrument, the individual(s), or the person signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the upon behalf of which the individual(s) acted, executed the instrument. instrument. NOTARY NOTARY PUBLIC WILUAM H. PRICE.JR. Notary,Public,State of New York No.4644944,Suffolk County Tartu Expires Fabrtrtlry 28.20. ACKNOWLEDGEMENT BY SUBSCRIBING WITNESS ACKNOWLEDGEMENT TAKEN OUTSIDE NEW YORK TAKEN IN NEW YORK STATE STATE State of New York,County of , ss: State of ,County of , ss: On the " day of in the year , before am, the On the day of in the year before me, undersigned, a Notary Public in and for said State, personally the undersigned personally appeared personally known to appeared , the subscribing witness to the foregoing me or proved to me on the basis of satisfactory evidence to be instrument,with whom I am personally acquainted,who,being the individual(s)whose name(s)is(arc)subscribed to the within by me duly sworn,did depose and say that he/she/they reside(s) instrument and acknowledged to enc that he/shc/they executed in (if the place of residence is in a city, include the street the same in his/her/their capacity(ics), that by his/her/their and street number if any,thereof);that he/shehhey know(s) signature(s) on the instrument, the individual(s) or the person to be the individual described in and who executed the upon behalf of which the individual(s) acted, executed the foregoing instrument;that said subscribing witness was present instrument, and that such individual make such appearance and saw said execute the sante;and that said witness at before the undersigned in the (add the city or political the same time subscribed his/her/thcir name(s) as a witness subdivision and the state or country or other plow the thereto. acknowledgement was taken). NOTARY PUBLIC NOTARY PUBLIC Bargain & Sate Deed `'O11'' :S""aik With Covenants TOWNICITY:Sontbold PROPERTY ADDRESS:21215 Sound View Avenue,Sow4old,NY 11971 MARK S.MCDONALD,WILLIAM J.MCDONALD,III and SECTION:135.00 BRUCE L.MCDONALD BLOCK:01.00 TO MARIJO CAMILLE ADIMEY and LOT:005.000 VERONICA MARIA LUGRIS RETURN BY MAIL TO: Title No. FIDELITY NATIONAL TITLE INSURANCE COMPANY DISTRIBUTED BY 601 RivmWe Avanz Jacksonville,FL 72204 JUDICIAL TnU T:800.281 TITLE F:800-FAX-93H 3 • f r'M rr 4 °0 W� Ioa.. ..a ..,,b.w .A...W. o..,a..� •L • 0tT7W'J orjaayt �FPti 8i0T1 T n.o.n. na..,..�..iw..w,.A..,i...q........w.�.....,o�.r L b .e.,�idA..p�u:�+�ww.e�..�P+a.w+�lewM s.M.v4+. �• v� 'w1��AO..4f1.a1N...M�.n4�+V.aRm ��' Wman"-mpftwiFill&wwwiwwAr�q}04Ap ►�1+. N.�laa�p4f.wl one... .lm.gq 6�tpllp�q 1 - IIJOII 1 0001600-00.0-00'90-000T P+wPParirp 0+m'+n+.i..mfDlO.am.N +M*u 7i. PT04arw amM+wROP�wPt'p. 009'L MPAPMM—rPPL t►. 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P•.aMmw.r.rwb P"d tial❑ M ..vw+ wgnaN7 m .....w •••�rmn (n+4p+.mvt.P..ros...AN+q+wro! � ""ClO..dwl++.Y.+4+N.N+N slt �� rlM�.gllte.l aTnil °sT�°'NA oTsbtrt i.rlr�y�w cm. OTTTftJ 0=p1, Z t w000. esnr �► IL6 It PT��S P1047008 - 00uanu wsjn POnog 9IZTZ � IflTI W IflI0d10 IBMAV0406d (011y UOd�p9s++�11 RY�+N +Oid'P0 1++Y TJ amMwS+91.4aftw("!P X10 Mmum Putt uow=l .•�� q wNe•ia mi W 0 41MN o A'OIOHMAumw voj • l CiA N\ Michael J.Domino.Pre+i`'- I0*440 Town Hall An= John M.Bralame)w 111,Vice-IMbtiitad 54375 Rowe 25 Charles J.Sandm P.O.Boa 1179 GlennGoidsmhh Southold,NY 11971 A.Nicholas Ktupdd Telephone(631)7654992 Fox(631)7656641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DaUdTime: ZY Completed in field by: DKR Shams,Inc.on behalf of MARIJO ADIMEY&VERONICA LUGRIS request an inspection from the abutting property to view the collapsing bulkhead In advance of a possible Emergency Permit application and/or a Wetland&Coastal Erosion Permit application. Located:21515 Soundview Avenue,Southold. SCTM#1000-135-1-5 CH.275-3-SETBACKS WETLAND BOUNDARY: Actual Footage or OK--4 Setback Waiver Required 1. Residence: 100 feet 2. Driveway.50 feet 3. Sanitary Leaching Pool pool): 100 feet 4. Septic Tank:75 feet 5. Swimming Pool and related structures:50 feet 6. Landscaping or gardening:50 feet 7. Placement of C&D material: 100 feet TOP OF BLUFF: 1. Residence:100 feet 2. Driveway:100 feet 3. Sanitary leaching pool(cesspool)100 feet: 4.Swimming pool and related structures: 100 feet Public Notl f Hearing Card Posted: Y / N Ch.275 Ch.III SEGRA Type:1 II Unlisted Action Type of Application: Pre-Submission Administrative Amendment Wetland Coastal Erosion Emergency Violation Non-Jurisdiction Surveys 5 years:YIN Wetland Line by. C.E-HA Line Additional information/suggested modifications/conditionshieed for outside review/consuttantlappllcadon completeness/comments/standards: ' V�,,� , ,,ems✓ �r�.- �1�_,� I have read&acknowledged the foregoing Trustees comments: Agent/Owner. 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February 3, 2018 i FEB 5 2018 Via email and regular mail Board of Town Trustees, Town of Southold 54375 Main Road Southold,New York 11971 Re: Application and Approval of Permit for Bluff Stairway, Deck, Platform and Stairs for Easement Property located at 21415 Soundview Avenue Dear Trustees, This appeal letter is in response to a permit issued on January 18,2017 following a hearing on that date in regards to an application filed on May 23, 2017 by an owner of an easement that is adjacent to our property to construct a bluff stairway, deck, platform and bulkhead stairs. In sum, the issuance of this permit will undoubtedly cause not only our land and house to collapse,but that of our neighbors and the easement holders. The permit issued two weeks ago must be revoked. There are facts concerning this property that were not known to the Board at the time of the site inspection, but most importantly were not known at the time the hearing was held. The owner of this easement has been issued a pen-nit to construct a bluff stairway, deck, platform and bulkhead stairs onto a 20 ft wide easement that currently has not only a failing bulkhead but an eroding bluff. In addition, due to the current storm from early January 2018, my easterly neighbor's bulkhead, bluff and stairs has come down, and my bulkhead has begun to fail and my bluff has been completely washed out. Both of us have applications pending/in process for the erection of new bulkheads. To allow the easement holder to perform the requested excavation and construction on adjacent land that has a failing bulkhead ad eroding bluff is reckless, irresponsible and will most assuredly destroy not only their property but their adjoining neighbors' property and homes. t �4 Despite this Board having issued a Permit on January 18`h, construction on the project has not begun and the Board still has the opportunity to accomplish what is supposed to be its sole mission, to lessen the environmental impact on the subject and neighboring property and adverse effects on neighboring properties as well as natural protective features. I have consulted with three (3) local engineers, all of whom were wiling to attend the hearing with me, and each would have advised that if the Town approved a permit for this construction on an already weak, failing bulkhead, and bluff, it is an absolutely certainly that their bulkhead and ours will collapse. Most importantly each of them has advised that given the close proximity of our home to the edge of bluff, our home will certainly collapse into the bluff. By way of history, I learned of this application in May 2017 and have been following monthly with Elizabeth and Diane for the hearing date, so that I may attend the hearing with these engineers and raise these concerns with the Board. I have monthly emails with checking on the status of the application, which I am happy to provide. It was my full intention to attend this hearing with the engineers and advise the Board of the dangers to the bluff, bulkhead, our house and the Sound given the current instability of the bulkhead and bluff on each of our properties. This was even before I learned that the bulkhead had actually begun to fail. In order for the Town to appreciate the gravity of the risk that is now inherent by the granting of this permit, a history of our current bulkhead and that of the easement holders is needed. We purchased our home from the McDonald family in early 2016. We learned that a brand new, fiberglass bulkhead was erected in late 2011 due to the fact that not only had the prior McDonald wooden bulkhead failed, but the easement bulkhead had also failed. In preparing to build a new one, Bruce MacDonald approached the easement owners about sharing the costs of construction given both bulkheads had failed. The easement holders decided that they were not making any efforts to have the bulkhead replaced and would not contribute financially to its own replacement. In order to prevent their land and home from literally falling into the Sound from the absence of a bulkhead and bluff on the easement, the McDonalds were forced to incur the entire cost of erecting the bulkhead, restoring the bluff, and replacing the fill/vegetation on property they did not own. John Hocker from Latham Sand and Gravel was hired by the McDonald family to erect a fiberglass bulkhead on both his property, as well as that of the easement, in addition to providing the requisite fill and vegetation. Since both bulkheads were erected by the McDonalds in 2011, there has been no attempt by any easement holder to either improve the property in any way, to plant vegetation that would decrease the erosion of the bluff, or to apply for a permit to erect any structure of any kind including a stairs. It was not until May 2017, when an easement user who recently moved onto Clark Road requested one of the easement owners to apply for the permit in question that any action was taken of any kind with respect to this easement. Notably, the application does not include permission to replace the bulkhead, repair the bulkhead, or restore the already eroded bluff. For the last year and a half, my family has repeatedly hired the services of local marine contractor to make spot repairs on our current bulkhead caused by the damage from not only rock and waves beating on the fiberglass and causing it to split open, but of the erosion of the bluff. When performing these repairs, the contractors have repeatedly advised that our bulkhead is not only failing, but the easement bulkhead is failing as well. In late December, four different marine contractors came to the property to advise us that not only was our bulkhead in imminent danger of collapsing,but so was the easement bulkhead. Each of them stated, and are willing to state to this Board, that it's not a matter of if both bulkheads will fail---but a matter of when. In addition, in early January 2018 as a result of the storm, the bulkhead of the easterly property actually collapsed. The easement is deeded to several properties located on Clark Road, about 200 feet east of the easement. In addition, there are several properties on Clark Road who are not lawful owners, but have rights of ingress/egress to use the easement. There has been no indication in any way that the easement owners/users have any intention of making any repairs to their failing bulkhead, or to replace it. More importantly and to the contrary, all they have done is applied for and received a permit that will undoubtedly cause the bulkhead to come down, and will undoubtedly cause our bluff, house and bulkhead to collapse. As evidenced by the attached survey, our home is only 12 feet back from the top of the bluff. Every single marine contractor who has stepped foot onto our property has advised that any further erosion of either our bluff or the easement bluff caused from either the excavation and construction proposed, or a further failing bulkhead and bluff will put our house in immediate jeopardy of caving into the eroded bluff. Each of these contractors was/is willing to advise the Board of this certainly. My family has spent the last month selling off personal property, taking steps to move our primary home, and applying for a loan to cover the balance all in order to pay for a new bulkhead and bluff. Our family, as well as our easterly neighbors, are taking whatever efforts that are needed to protect our home from literally collapsing into the Sound. Allowing the easement owners to perform this construction an an eroded bluff and failing bulkhead will expose the Town to liability, and cause catastrophic damage to not only the easement, but of our home and land. On January 21, 2017 when we came to our home for the weekend, I learned that the hearing was held on Thursday the 18`h. I learned from Elizabeth that despite our having proof that we filed our correct address with the town and tax authority, the certified mail was sent to an address that we have not lived in two years, and signed by someone who was not us. In addition, most likely due to the recent storm and weather, the signage that should have been posted on the easement was not present the weekend before the hearing at any time on January 12`h, 13`h' 14`h or 15`h. As we did not receive the certified letter and the sign was not.posted the week immediately prior to the hearing, we did not know it was scheduled for January 18`h. We most certainly would have attended the hearing if we had been properly advised. This however, should be of no consequence to the Board's actions with respect to this matter. As stated above, the Board still has the opportunity to do the right thing and follow its mission and purpose. This Board should not allow construction of a stairs/deck for recreation purposes that will undoubtedly cause the complete collapse of not only the applicant's bulkhead, but of our bulkhead, bluff and house. To grant such a permit when the Town was notice of the above, and without any steps to prevent it is unquestionably irresponsible and reckless. The permit issued just two weeks ago must be revoked, or a second hearing held on the matter. The failure of the Board to do so will result in monumental destruction of our land and home, the land belonging to the easement, and the land of our easterly and westerly neighbors. While we cannot force the easement holders to be concerned about their own land, or spend any money to improve it, we certainly shouldn't allow them to cause further destruction of, not only their land, but that of their neighbors. It is respectfully requested that each of you visit the location in question, speak to the engineers/marine contractors we have consulted with, and consider that our home will be destroyed if the Town allows this construction to continue. I attach to this letter photographs of both the damaged bulkhead and eroding bluff in front of the easement and our home, as well as that of our easterly neighbors. I am certain that if the Board were aware of the magnitude of this situation at the time of hearing, a permit would have never been issued. I also strongly encourage the Board to speak to each of the engineers/marine contractors who have knowledge of the destruction and risk of the proposed construction going forward; I am happy to put each of them in touch with the Board. I trust the Board will do what is right to prevent our land and home from being completely destroyed by the issuance of this permit. Sincerely, Marijo C. Adimey • - , '� �.7 !ti• Yr f C,. ��} J) fib" ti�ti ��'+4F�'� �,,��'°ir �1c��kt•+i.{at�-kyr♦�i f c< 1 `j) i� •i, �1 r s. :� R{ � y r.,,� iPr � � }� ��( ��r a�r .ir' �• `+T " t1'` r������2s'7+ qtN sem, �}+�• � t�� �I�. •t'��1£z.4 !,nom. r} +!,•' "/�yv.Tr `k �h; �Iaif '� •, � i, s�.'S �; �'-� d{} 'mow N" IX . �y� tti � �,�,��� ��� �•Aq, a�_,�,���„�, ,_µ�,.,,,��� _.`i t4 �.�. � 1 '✓��y'i1," ,h-cr9- rd.'S,S��a i r`a .SC���4� '"""2- d' ^�.i��.s.�. �`�' ��y 4"� ~ i1r I'1 � 1�� y�,,,•a N ron t� � J^• - � `� ."'t' 0'' �. '{ '^� y + 4 1 J � ft 4— ri NV s. 11 A.�,� � �rc•• ...ff�' rx2 �'. �' � �k � - �'� lir•' ;�•xw j��•�' ,� r an tl ',�.b ` >trt � h Vit.•.s '�`. � �.t r _ I �• � k� 'r aVi ,r a �r• t'.v - � KZY SlN�' .0.t"tl !�/� f c ,b�' >'� .✓r� yf c- �,,'~ �L L rfuwt/�o���,+s:f+ VI �- r'.�r'~�I!�'�_...,�- "•1477,,,7 .,� ..i`::{�. lid,=,zrr//t �, he`�y � .�z ��+. �' yT r .�.:r-=� -'i ,�w•.�. ��`, �r�+�.Ir ti'f�_�- - �'�-�f�l, � f'�y r� q`� s ELIZABETHA. NEVILLE TOWN HALL, 53095 MAIN ROAD TOWN CLERK P.O. BOX 1179 REGISTRAR OF VITAL STATISTICS SOUTHOLD NY 11971 MARRIAGE OFFICER FAX. 631-765-.6145 RECORDS MANAGEMENT OFFICER TELEPHONE: 631-765-1800 FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net o•so too" i ..wot� OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD APPLICATION FOR PUBLIC ACCESS TO RECORDS INSTRUCTIONS: Please complete section I of this form and give to Town Clerk's Office (agency Freedom of Information Officer). One copy will be returned to you in response to your request, or as an interim response. SECTION I. TO: mT D�il- (Department or Officer, if known, that has the information you are requesting). RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, supply date, file title, tax map number, and any other pertinent information). `� ►S1 so",.,o Jt6j —riu 3 O-C6 0672 Nle Jd M D 9;2- Env t_�3 L�crx S Signature of Applicant: /� Printed Name: �d�A- / V U,2-7 /"�ma�l hri' . kddress: Mailing Address (if different from cabbove): r Telephone Number: (o31-6 7J D Date: cJ [ ] APPROVED [ ] DENIED* [ ] APPROVED WITH DELAY* Elizabeth A. Neville Date Freedom of Information Officer Hand carry to department? Accepting Clerk's Initials Yes No Applicant's initials *If delayed or denied, see reverse side for explanation. ,. Ujy . Michael J. Domino, I r dent �pfr SO � Town Hall Annex John M. 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 Krupski ��'COUN111 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/silt boom/silt curtain 1st day of construction % constructed Project complete, compliance inspection �. ,(��,, ,!'�`, : :/jam 1. f' :��-•�11: ` :�:--� BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK r J ' PERMIT NO. 9154 DATE: JANUARY 17, 2018 ISSUED TO: MATTHEW CAPPABIANCA PROPERTY ADDRESS: 21415 SOUNDVIEW AVENUE, SOUTHOLD �' SCTM# 1000-135=1-4 L AUTHORIZATION Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in J' accordance with the Resolution of the Board of Trustees adopted at the meeting held on January 17, 2018, and in consideration of application fee in the sum of$250.00 paid by Matthew Cappabianca and subject to the S Terms and Conditions as stated in the Resolution,the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to construct a 4'x35' bluff stairway consisting of a 4'x11' upper platform to 4'x10' stairs to a 4'x4' middle platform to 4'x10' lower stairs to an 8'x10' bottom deck against the toe of the bluff;. and to install a 41x4' cantilevered platform off of bulkhead with 3'x8' retractable stairs to beach; and as 4 depicted on the site plan prepared by Anthony Trezza,dated February 1,2017,and stamped approved on January 17,2018. } !' IN WITNESS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. OgpEFQ(,`-`O r co �\ C* r ;� ar u TERMS AND CONDITIONS The Permittee Matthew Cappabianca residing at 21415 Soundview Avenue Southold, 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 his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. 2. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice,to remove or alter this work project herein stated without expenses to the Town of Southold. 8. That the said Board will be notified by the Permittee of the completion of the work authorized. 9. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. 10. 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. (/r Michael J. Domino,Pr fjF S0Town Hall Annex.. :nt O�� y�l 54375 Route 25 John M.Bredemeyer III,Vice-President P.O. Box 1179 Glenn Goldsmith Southold, New York 11971 A. Nicholas KrupskiO • Telephone (631) 765-1892 Greg Williams Fax(631) 765-6641 y�DUMy,�� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD January 17, 2018 Anthony Trezza P.O. Box 1686 Westhampton Beach, NY 11978 RE: MATTHEW CAPPABIANCA 21415 SOUNDVIEW AVENUE, SOUTHOLD SCTM# 1000-135-1-4 Dear Mr. Trezza: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, January 17, 2018 regarding the above matter: WHEREAS, Anthony Trezza on behalf of MATTHEW CAPPABIANCA 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 23, 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 for the construction of a 4'x35' bluff stairway consisting of a 4'x11' upper platform to 4'x10' stairs to a 4'x4' middle platform to 4'x10' lower stairs to against the toe of the bluff; and to install a 4'x4' cantilevered platform off of bulkhead with 3'x8' retractable stairs to beach be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, the LWRP Coordinator recommended that the proposed application for the 8'x10' bottom deck; be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered the Local Waterfront Revitalization Program policy to the greatest extent possible through the imposition of the following Best Management Practice requirements: that the 8'x10' bottom deck be constructed using thru flow decking; and, r , WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on January 17, 2018, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268 of the Southold Town Code, and, RESOLVED, that the Board of Trustees APPROVES the application of MATTHEW CAPPABIANCA to construct a 4'x35' bluff stairway consisting of a 4'x11' upper platform to 4'x10' stairs to a 4'x4' middle platform to 4'x10' lower stairs to an 8'x10' bottom deck against the toe of the bluff; and to install a 4'x4' cantilevered platform off of bulkhead with 3'x8' retractable stairs to beach; and as depicted on the site plan prepared by Anthony Trezza, dated February 1, 2017, and stamped approved on January 17, 2018. 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, a / w Michael J. Domino, President, Board of Trustees MJD/dd - 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 P(631)444-0360 www.dec.ny gov December 1, 2017 Mr. Matthew Cappabianca E C E 8 V E 415 Clark Road Southold, NY 11971 JAN 1 7 2018 RE, Permit No.: 1-4738-04541/00001 — Southold Town Board of Trustees 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, t Gene R. Zamojcin _. Environmental Analyst GRZ/Is NEW YORK Department of OPPOR VNITV Environmental Conservation ai NEW YORK STATE DEP.4�:iMENT OF ENVIRONMENTAL CONSER v ti i ION e Facility DEC ID 1-4738-04541 PERMIT Under the Environmental Conservation Law ECL Permittee and Facility Information Permit Issued To: Facility: MATTHEW CAPPABIANCA CAPPABIANCA PROPERTY 415 CLARK RD 21415 SOUNDVIEW AVEISCTM 1000-135-1-4 SOUTHOLD,NY 11971 SOUTHOLD,NY 11971 Facility Application Contact: ANTHONY TREZZA PO BOX 1686 WESTHAMPTON BEACH,NY 11978-1686 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Village: Southold Facility Principal Reference Point: NYTM-E: 716.641 NYTM-N: 4551.639 Latitude: 41'05'13.8" Longitude: 72'25'14.8" Project Location: 21415 Soundview Ave - Watercourse - Long Island Sound Authorized Activity: Construct a new 4' x 4' platform, stairs hoist and retractable 3' x 8' beach access stairs on the adjacent seaward side of the existing bulkhead structure. All authorized activities must be in strict conformance with the attached plans stamped NYSDEC approved on 12/1/2017. (GRZ) DEP- ARNO NOTE: As shown on the stamped approved plan and as verified on TW Map # 716-550, that portion of the subject property landward of the substantial man-made legal structures (bulkheads) combined length greater than 100 feet and constructed prior to 8/20/1977, is beyond Tidal Wetlands Act jurisdiction and no permit is required for work landward of this structure. Permit Authorizations Tidal Wetlands - Under Article 25 Permit ID 1-4738-04541/00001 New Permit Effective Date: 12/1/2017 Expiration Date: 11/30/2022 C E d V E JAN 17 2018 Page 1 of 6 AM NEW YORK STATE DEPT.:::MENT OF ENVIRONMENTAL CONSER.n TION Facility DEC ID 1-4738-04541 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: SUSAN ACKERMAN, Deputy Regional Permit Administrator Address: NYSDEC Region 1 Headquarters SUNY @ Stony Brook150 Circle Rd Stony Brook, N 1790 -3409 Authorized Signature: Date jZ/ 1_/7-t Distribution List ANTHONY TREZZA Marine Habitat Protection EUGENE R ZAMOJCIN Permit Components NATURAL RESOURCE PERMIT CONDITIONS E C E V E JAN 1 7 2018 GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Southold Town ar of Tru ec NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: TIDAL WETLANDS I. 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. 2. Notice of Commencement At least 48 hours prior to commencement of the project, the permittee y 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 the completed work. 3. 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. Page 2 of 6 AM v NEW YORK STATE DEP),:.,MENT OF ENVIRONMENTAL CONSERvi+TION Facility DEC ID 1-4738-04541 4. 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. 5. Storage of Equipment, Materials The storage of construction equipment and materials shall be confined to the upland adjacent area landward of the existing bulkhead. 6. 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. 7. No Equipment below Apparent High Water Equipment operation below (seaward) apparent high water is strictly prohibited. 8. 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. 9. 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 structureor into any tidal wetland or protected buffer area. 10. 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. 11. Repairs to Structures All repairs to existing structures shall be confined to replacement of existing elements with no change in design, dimension or materials, unless specifically authorized by this permit. 12. No Structures on Platform and Stairs No structures other than the structures specifically authorized by this permit, shall be constructed on the platform and stairs without further authorization- from the Department(permit, modification or amendment). 13. 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 Newoval or alteration. 71D, � �. JAN 1 7 2018 Page 3 of 6 AM r NEW YORK STATE DEPm,jm MENT OF ENVIRONMENTAL CONSERvA PION IROW Facility DEC ID 1-4738-04541 14. 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. 15. 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. 16. 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 Anthony Trezza, last revised 10/5/2017 and stamped NYSDEC approved on 12/1/2017. 17. 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. 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. 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. 22 ECEHE JAN 1 7 2018 Southold Town Page 4 of 6 Board of%99 r NEW YORK STATE DEPAx.,MENT OF ENVIRONMENTAL CONSERv A i ION Facility DEC ID 1-4738-04541 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,NY 11790 -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: Tidal Wetlands. 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. E C EC V-E flo JA N 1 7 2018 Southold Town Page 5 of 6 AM NEW YORK STATE DEPA&i HENT OF ENVIRONMENTAL CONSERvA PION Facility DEC ID 1-4738-04541 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's 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. � E C EC VE JAN 1 7 2018 Southold Town Board of Trustus Page 6 of 6 NOTICE OF COMMENCEMENT OF CONS` 'CTION RETURN THIS FORM TO-COMPLIANCE Or Fax to 631-444-0297 Bureau of Marine Habitat Protection-NYSDEC 50 Circle Road Stony Brook, NY 11790-3409 PERMIT NUMBER. EXPIRATION DATE. PERMITTEE NAME&PROJECT ADDRESS: CONTRACTOR NAME&ADDRESS TELEPHONE. Dear Sir- Pursuant irPursuant to the special conditions of the referenced permit,you are hereby notified 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 permit conditions.We have inspected the project site and can complete the project as described in the permit and as depicted on the approved plans We can do so in full compliance with all plan notes and permit conditions.The permit, permit sign, and approved plans will be available at the site for inspection in accordance with General Condition No. 1 (Both signatures required) PERMITTEE. DATE CONTRACTOR: DATE THIS NOTICE MUST BE SENT TO THE ABOVE ADDRESS AT LEAST TWO DAYS PRIOR TO COMMENCEMENT OF THE PROJECT AND/OR ANYASSOCIATED ACTIVITIES. FAILURE TO RETURN THIS NOTICE, POST THE PERMIT SIGN, OR HAVE THE PERMIT AND APPROVED PLANS AVAILABLE AT THE WORK SITE FOR THE DURATION OF THE PROJECT MAY SUBJECT THE PERMITTEE AND/OR CONTRACTOR TO APPLICABLE SANCTIONS AND PENALTIES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS. Cut along this line X X X X X X X NOTICE OF COMPLETION OF CONSTRUCTION RETURN THIS FORM TO:COMPLIANCE Or Fax to 631-444-0297 Bureau of Marine Habitat Protection-NYSDEC AM 50 Circle Rd lailaw Stony Brook, NY 11790-3409 NOW PERMIT NUMBER. EXPIRATION DATE: PERMITTEE NAME& PROJECT ADDRESS. Lim C CONTRACTOR NAME&ADDRESS I 'TELEPHONE: Southold Tovan Pursuant to special conditions of the referenced permit,you are hereby notified that the auth We have fully complied with the terms and conditions of the permit and approved plans (Both signatures required) PERMITTEE. DATE CONTRACTOR. DATE THIS NOTICE, WITH PHOTOGRAPHS OF THE COMPLETED WORK AND/OR A COMPLETED SURVEY, AS APPROPRIATE, MUST BE SENT TO THE ABOVE ADDRESS WITHIN 30 DAYS OF COMPLETION OF THE PROJECT. 95-20.1 (8/87)-9d New York State Department of , Environmental Conservation r M _ DMa W 0 1 C 'c 'A Z �; .0. AM M taboo NNW O � M i epartment 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 • I ROGER EVANS Expiration Date NOTE: This notice is NOT a permit LONG ISLAND SOUND NOTES: — `/(\�// :. --- 1. STAIR TREADS AND HANDRAILS l,V TO BE CONSTRUCTED OF UNTREATED AMLW. ; - PRO_POS_ED`-4'—X_4' PLATFORM.- WOOD OR SYNTHETIC MATERIAL (e.g. PVC). ' EXISTINGT &�3'-X $' RETRACTABLE ALL OTHER COMPONENTS TO BE TREATED BULKHEADS_ OR UNTREATED WOOD. BULKHEAD STAIRS. 31 81 PROP .""- � AMHW 8c WETLAND ; TOE OF sTAI ;" -. LINEAT BULKHEAD BLUFF HOIST 8:", ' _ EXISTING EL10\ BULKHEAD STAIRWAY TYPICAL CROSS SECTION 7.4 fi NOT TO SCALE * : EC EE VE 4.0 ft M ,.. — EXISTING 2'WIDE { WOOD WALK s JAN 1 7 2018 vim•^a'ii 10 - EXI7 - _ STING GRADE Southold Town Board of Trustees 9 f 9 f N/F:NICHOLAS CHIOTELIS � N/F MARIJOADIMAY TOP OF BLUFF 21365 SOUNDVIEWAVE 35 ft 21515 SOUNDVIEWAVE SOUTHOLD NY 11971 °' 'd. .,. SOUTHOLD NY 11971 STAIR /HOIST X25 N�! 3 25 — - `VVA` - TOE OF BLUFF ,� Y> -••• a STAIRS TO BE RETRACTABLE s3'A;i W BY STAIR HOIST TOP OF s --- _ BLUFF �� `'` NO TREATED WOOD TO BE Y USED FOR STAIRWAY&DECK EL25 0° — — —AMLW - -it-4-ft PROPOSED-.4'_x_35�__BLUFF._ EXISTING GRADE STAIRWAY & 8' x 10' DECK . N Y S D E C APPROVED AS PER TERMS AMHW&WETLANDS NYSDEC AND CONDITIONS OF LINE AT BULKHEAD CEHA LINE } PERMIT NO. I'y�3b�f>yl Q�:vJ DATE z�6j Z I Anthony Trezza REVISIONS DATE Bluff Stairway Project CORRECT SCALE ADD NOTES 09-22-17 AMEND CONSTRUCT MATERIALS 10-05-17 21415 'Soundview Ave Drawing No.: Bluff Stairs — A SCALE: 1 10 Southold NY 11971 = Date:02-01 -1-7 Drawn-By---HP heet No: 1 of 1 SCTM # 1000-135-1 -4 �F , o�gUFFOi,t�oG i - Michael J. Domino, Presivu +t Town Hall Annex John M. Bredemeyer, III, Vice-President z 54375 Route 25 Glenn Goldsmith ^' P.O. Box 1179 A Nicholas Krupski �y�►o ao�� Southold, NY 11971 Greg Williams 1 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: rnArrfi8ud OAPPA OtAWCA c 0 A#7tDNV TWZ* Please be advised that your application dated WAV 23' ZDl7 has been reviewed by this Board at the regular meeting of f l and your application has been approved pending the completion of the following items checked off below. Revised Plans for proposed project $ Pre-Construction Hay Bale Line Inspection Fee ($50.00) 1 t Day of Construction ($50.00) %Constructed ($50.00) Final Inspection Fee ($50.00) Dock Fees ($3.00 per sq. ft.) 30-Year Maintenance Agreement (complete original form enclosed and submit to Board of Trustees Office) The Permittee is required to provide evidence that the non-turf buffer condition of the 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. Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE: $ 5©l BY: Michael J. Domino, President Board of Trustees - a LONG ISLAND SOUND NOTES: 1. STAIR TREADS AND HANDRAILS TO BE CONSTRUCTED OF UNTREATED AMLW� ` PROPOSED 4' x 4' PLATFORM WOOD OR SYNTHETIC MATERIAL (e.g PVC). EXISTING & 3' x 8' RETRACTABLE ALL OTHER COMPONENTS TO BE TREATED BULKHEADS - , � BULKHEAD STAIRS. OR UNTREATED WOOD. 3' 8' 4 PROP 4' AMHW&WETLAND APPROVED BY TOE OF STAT LINE AT BULKHEAD � >.' BLUFF HOIST 10' EXISTING :, BOARD OF TRUSTEES EL10\10 8' 7 4 ft BULKHEAD STAIRWAY TYPICAL CROSS SECTION TpWIV,.OF SOUTHOLD NOT TO SCALE DATE 7TvvAq 17, 2a18 40ft EXISTING 2'WIDE WOOD WALK I 10 . EXISTING — 1 GRADE 4' 9ft 41 9ft N/F NICHOLAS CHIOTELIS N/F MARIJOADIMAY TOP OF BLUFF 21365 SOUNDVIEW AVE 35 ft 21515 SOUNDVIEW AVE SOUTHOLD NY 11971 SOUTHOLD NY 11971 STAIR /HOIST X25 I/� I 11 ft 25 TOE OF BLUFF Q� STAIRS TO BE RETRACTABLE w BY STAIR HOIST TOP OF NO TREATED WOOD TO BE BLUFF USED FOR STAIRWAY&DECK m EI-25 -.� 4 ft PROPOSED 4' x 35' BLUFFLANDS AMIw STAIRWAY & 8' x 10' DECK . D E C E 9 V EXISTING GRADE NYSDEC LEA AMHWTBULKHEAD CEHA LINE NOV 2 7 2011 Southold Town Board of Trustees -Anthony Trezza REVISIONS DATE Bluff Stairway Project CORRECT SCALE ADD NOTES 09-22-17 -- - - - C AMEND CONSTRUCT MATERIALS 10-05-17 - - -- 21415 SoundviewAve - Drawing No.: SCALE: ` -- - -- - Bluff Stairs - A 111 = 10' Southold NY 11971 Date: 02-01 -17 Drawn By: HP heetNo: 1 of 1 SCTM # 1000-135-1 -4 �. TMW ISLAND SURVEY OF PROPERTY SOUND A T SOUTHOLD TO WN OF SO UTHOLD N88.47'4�pE SUFFOLK COUNTY, X Y. 24.77 1000-135-01-04 I f +o, SCALA' 1°-20' eux W.AO STAKE AUGUST 10, 2016 ser OCTOBER 3, 2016 (REVISIONS) STAKE TTOM DANK OCTOBER 25, 2017 (CEHL) Z NN's ZONE VE °'• (EL.16 FEET) s FLOOD HW-6v ----- R 0 - -n NOV 2 7 2017 eyy1 Southold Town �„_ are,nf Triiqtppz a ZOO X - FORMERLY WENZEL N/O/F IL\ pAARIJO AD1�Y \ VERONICA LUVR15 ti P 7 AYLOR \ FORMERLY "` 010 N/O/F NICHOLAS E CHIOTELI5 WF (,HIOTE-15 \ IL IL sae � f � SGP apo L\ IL \\ Nr\ I CT� I *\ , CSP 50 CAF R UP SET 1.FE223.08 9.60' �''n 200 + S84'44'20 W Fax SOUNDVIE-W AVE. (66 W'OE) e " ♦•STAKE ---- •=REAR b t NEiNyop, �P MEr g" 111111111-MONUMENT `0 GEHL FROM COA5TAL EK05I ON HAZAKO MAP 55-576-53 CONTOUR LINES ARE REFERENCED TO THE FIVE EASTERN TOWN5 TOPOGRAPHY MAPS FLOOD ZONE FROM FIRM 36103G0156H N.Y.S. LIG. NO. 49616 G SURVEYOK5, P.G. ANY ALTORATION OR ADOITION TO THIS %AVEY IS A VIOLATION (631) 765 - 5020 FAX-(631) 765-1797 OF SECTION 7909 OF TFC WW YORK STATE EM"TION LAW. ere " rOt SECION T12CM-SUCCIV510N 22 ALL C MTIFICAT10N$ �. v E . ✓On "09 HEREON ARE VALID FOR THIS MAP AIS COPIES THMM OILY IFID CoorIE5 MAX TW MFFEYAW WEAL CW TM %AWYOK AREA=3 467 sq.ft. 1230 TRAVELER STREET 16-075 W�i� W SIW AnM AARTAAft HBtWt 5OUTHOLO, N.Y. 11971 Michael J. Domino,Pres►di � eatfFOtIr 0�0 Town Hall Annex John M Bredemeyer 111, Vice-Prrzi►u ni: ti� yJ, f 54375 Route 25 Charles J. Sanders ti z P.O.Box 1179 Glenn Goldsmith 1 • Southold,NY 11971 A.Nicholas Krupski y p! Telephone(631)765-1892 �Ol �a Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Date/Time: Completed in field by: Anthony Trezza on behalf of MATTHEW CAPPABIANCA requests a Wetland Permit to construct a 4'x35' bluff stairway consisting of a 4'x11' upper platform to 4'x10' stairs to a 4'x4' middle platform to 4'x10' lower stairs to an 8'x10' bottom deck against the toe of the bluff; and to install a 4'x4' cantilevered platform off of bulkhead with 3'x8' retractable stairs to beach. Located: 21415 Soundview Avenue, Southold. SCTM# 1000-135-1-4 CH. 275-3 - SETBACKS WETLAND BOUNDARY: Actual Footage or OK=4 Setback Waiver Required 1. Residence: 100 feet 2. Driveway: 50 feet 3. Sanitary Leaching Pool (cesspool): 100 feet 4. Septic Tank: 75 feet - 5. Swimming Pool and related structures: 50 feet 6. Landscaping or gardening: 50 feet 7. Placement of C&D material: 100 feet TOP OF BLUFF: 1. Residence: 100 feet 2. Driveway: 100 feet 3. Sanitary leaching pool (cesspool) 100 feet: 4. Swimming pool and related structures: 100 feet Public Noticeof Hearing Card Posted: Y / N Ch. 275 v// Ch. 111 SEQRA Type: 1 II Unlisted Action Type of Application: Pre-Submission Administrative Amendment Wetland Coastal Erosion Emergency Violation Non-Jurisdiction Surveys 5 years: Y/N Wetland Line by: C.E.H.A. Line Additional information/suggested modifications/conditions/need for outside review/consultant/application completeness/comments/standards: At"m4lrl� I have read & acknowledged the foregoing Trustees comments: Agent/Owner: Present were: ✓ J. Bredefneyer M Domino �--G. Goldsmith N. Krupski al�e s Other Page 1 of 2 Michael J. Domino,Preside O�0 CCG Town Hall Annex John M Bredemeyer 111, Vice-President ti� y� 54375 Route 25 Charles J. Sanders y z P O Box 1179 Glenn Goldsmith "7 Southold,NY 11971 A.Nicholas Krupski y�o® pl� Telephone(631)765-1892 Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Date/Time: Completed in Work Session by: Anthony Trezza on behalf of MATTHEW CAPPABIANCA requests a Wetland Permit to construct a 4'x35' bluff stairway consisting of a 4'x11' upper platform to 4'x10' stairs to a 4'x4' middle platform to 4'x10' lower stairs to an 8'x10' bottom deck against the toe of the bluff; and to install a 4'x4' cantilevered platform off of bulkhead with 3'x8' retractable stairs to beach. Located: 21415 Soundview Avenue, Southold. SCTM# 1000-135-1-4 Ch. 275-12 - STANDARDS FOR ISSUANCE OF PERMIT MET=X or Comment=* A. Adversely affect the wetlands of the Town: B. Cause damage from erosion, turbidity or siltation: C. Cause saltwater intrusion in the fresh water recourses of the Town: D. Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife & vegetation or the natural habitat thereof: E. Increase the danger of flood and storm-tide damage: F. Adversely affect navigation tidal waters or the tidal flow of the tidal waters of the Town: G Change the course of any channel or the natural movement or flow of any waters: H Weaken or undermine the lateral support of other lands in the vicinity: I. Otherwise adversely affect the health, safety and general welfare of the people of the Town: J. Adversely affect the aesthetic value of the wetland and adjacent areas: Ch. 111-9 - ISSUANCE OF PERMIT MET=X or Comment=* A. Is reasonable and necessary, considering reasonable alternatives to the proposed activity and the extent to which the proposed activity requires a shoreline location: B. Is not likely to cause a measurable increase in erosion at the proposed site and at other locations: C. Prevents, if possible, or minimizes adverse effects on natural protective features and their functions and protective values, existing erosion protection structures and natural resources: D. :525% Expansion/Calculation Work Session Notes Application Complete SEQRA Classification Confirmed Coordinated Review Y/N Pos/Neg Declaration CAC: LWRP: Additional information on comments/to be discussed/Public Hearing: Date: Completed By: Present: J. Bredemeyer M. Domino G. Goldsmith N. Krupski C. Sanders E. Cantrell D. Di Salvo Other Page 2 of 2 it _y lot ' -jf�`X► t� t - .: � ��`,.,�' �,,�,'�-_--mss�T Matthew Cappabianca - - �mr� -;►�,,r...,,r �''�`-` # 21415 Soundview Avenue,Southoldc ? - ,E -SCTM#: 1000-135-1-4 � 1/9/18 41 'q �'�' - `.'\r.�.. a•t- `Y75,i1 �_ �ffi`,r•�'_.a - i- - �`'�� -'Kr:.s-__ � ; �,RY - F �a � ^t •` - � Www +revs �,• �� a� .�` 4T ".'C.�� 4 .wax •,� � ,�.... .► p - - j 9 6. /'i Cv^��'��.my`e'i `ti'4'r'�:.,�'`. y-` .''� .., r.. _ i III 1 •j� �, . f/ �' ���C,4r .�' may. ,�.-.. � ✓ r,6•.r ��I ( , a �� ®� � !<d��� ems. •.�>'=�/'t_s.; �vrf �� i i , C yPro �' p �fi.. • M OE •- -t - - r- `'� --�" '�•�` .'�•rri vim-_.•�r-=__ -'� _ __- -�� _ —� - �_�"'`-�� - - _��.f� -�- `�_ �' -7_.+ --s�a-�+- -- ��� Z+ •l,�i-� �i�'e_'�i•�vt-�- _ ��_� _ ��ft �. �- va ...�__ _ `..' '-_r7�.� _ 'CA _ _ �c r� z� � � .���'• + �'�'- -dry -rim�:•'-�� -""i -� _���- - . �.� . i. . , '� "� �' .�=r{ '�� -+ -.� .�-- ' r+.�s�_'„� -`- r �t i z 9 - �� '• ��, 2 01 � 1 9 9 44 t i.s • ... wdlll►..aAvow - - ca ._.... , -121415 SoundvicwSouthold 1000-135-1-4 .... _. �� .. ;. .,.a.- .: W •y, Y ,y,�"a - .r ... 'fit Opp— x' r ' Aw x. x. . - i• y 1 1a M ff � 20 X18 1 . 9 9 45 At�`� ire '-R. 1 I •�<� '_ '44 Xr i. s 1 MEMO VIEW WEST: TOE OF BLUFF AND BULKHEAD VIEW EAST: TOP OF BLUFF. LONG ISLAND SOUND Southold r goundview Ave j 21415 Soundview u4venueUNov\��PVE Coi Rich?�0� RO'r, Shiloh Baptist Church Q fJD E C .,_ I V MAY 2 3 2017 t, N 9 d VIEW EAST: TOE OF BLUFF AND BULKHEAD LOCATION MAP Southold Town fkard of Trustees REVISIONS DATE Anthony Trezza Bluff Stairway Project 21415 Soundview Ave Drawing No. Photographs SCALE: Southold NY 11971 Date: 02-01 -17 Drawn By: FCR heet No: 1 of 1 SCTM # 1000-135-1 -4 4 LONG ISLAND SOUND AM LW PROPOSED 4' x 4� PLATFORM & 4' x 8' RETRACTABLE BU�ky 8' , BULKHEAD STAIRS. I C� 4' AMHW &WETLAND STAIRWi(TYPICALCROSS SECTION �� TOE OF PROP LINE AT BULKHEAD NOT TO SCALE � — S STAIR 10, BLUFF HOIST xl� EL10\10 8' raft �fU 9L/I n a 0 ft ® I-Zo M `J6/ . Id L ► C7,vq EXISTING 2'WIDE EXISTING o S� -5hc J`� ` WOOD WALK GRADE r 10 , TOP OF BLUFF 9ft, 9 f f STAIR /HOIST Li 35 ft I/� X25 TOE OF BLUFF i Q W 1 2 , i NO TREATED WOOD TO BE Y 25 - USED FOR STAIRWAY&DECK � m ' AMLW TOP OF EXISTING GRADE BLUFF EL25 AMHW&WETLANDS --� Oft �- PROPOSED 4' x 35' BLUFF LINE AT BULKHEAD STAIRWAY & 8' x 10' DECK . p E C E I V NYSDEC CEHA LINE MAY 2 3 2011 tbold Town Anthony Trezza fluffStairway �Project REVISIONS DATE 21415 Soundview Ave Drawing No.. Bluff Stairs - A SCALE. Southold NY 11971 1 = 20 Date. p2-01 -17 Drawn By' HP heetNo 1 of 1 SCTM # 1000-135-1 -4 r f , r ., ADueEy Cowes xel ON NOIion aldLL"OS H Q >no:i: s=IOKLNnO3 30UONu..xvww ,.. - -- -^ .,^ _-_O__ _._. Igo ��-•- —�— ^-^ a i i T R Sm MONS � /c ca ♦ 14 ILI pry Y. �r rr/� r, .,o..eo,wm 0 ♦ e�, /♦, i . b >;♦ die ♦ > ° � '�� aoron'oN ''n• y NDN < ♦ \ r n Lo et a as ;b.. -3 y.p•H� / OL pd �..i' O� ON ONv1SI ONpOS - nui OFFICE LOCATION: so MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) G Q Southold, NY 11971 � � �p Telephone: 631 765-1938 O�y�DUNTI Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Michael Domino, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Date, January 16, 2018 Re. LWRP Coastal Consistency Review for MATTHEW CAPPABIANCA SCTM# 1000-135-1-4 Anthony Trezza on behalf of MATTHEW CAPPABIANCA requests a Wetland Permit to construct a 4'x35' bluff stairway consisting of a 4'x11' upper platform to 4'x10' stairs to a 4'x4' middle platform to 4'x10' lower stairs to an 8'x10' bottom deck against the toe of the bluff; and to install a 4'x4' cantilevered platform off of bulkhead with 3'x8' retractable stairs to beach. Located' 21415 Soundview Avenue, Southold SCTM# 1000-135-1-4 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the action to construct a 4'x35' bluff stairway consisting of a 4'x11' upper platform to 4'x10' stairs to a 4'x4' middle platform to 4'x10' lower stairs, platform and lower retractable stairs providing access to public waters is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP The 8'x10' bottom deck is recommended as INCONSISTENT pursuant to. Policy 4.1 Minimize losses of human life and structures from flooding and erosion hazards. A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. Portions of the structure are located within a FEMA VE (Velocity Hazard) flood zone and the probability of storm surge capable of damaging and/or resulting in loss of the proposed 8' x10' deck in the future is high due to inadequate setbacks and elevation necessary,to mitigate wave damage The top elevation of the bulkhead has not been provided. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. �gUfFO(K Peter Young,Chairman y - Town Hall,53095 Main Rd. Lauren Standish,Secretary P O Box 1179 • `�` Southold,NY 11971 Telephone(631)765-1889 Fax(631)765-1823 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., July 12, 2017 the following recommendation was made: Moved by John Stein, seconded by Keith McCamy, it was RESOLVED to SUPPORT the application of ALEXANDER SPIRIDAKIS AND OTHERS C/O MATTHEW CAPPABIANCA to construct 4'X 35' bluff stairway, 8'X 10' deck, 4'X 4' platform,and 3'X 8' bulkhead stairs. Located: 21415 Soundview Ave., Southold. SCTM#135-1-4 Inspected by: Peter Young, John Stein, Peter Meeker, Keith McCamy, James Abbott Vote of Council: Ayes: All Motion Carried Anthony Trezza PO Box 1686 Westhampton Beach, NY 11978 E � G November 3, 2017 I N O V 2 7 2017' Board of Trustees Town of Southold Southold Tom, -- — Board of Trus+ces PO Box 1179 Southold, NY 11971 RE: 21415 Soundview Avenue Bluff Stairway Project Dear Board of Trustees: In response to your recent email regarding the application for the above-referenced property, enclose please find the following information: 1. Application Fee in the amount of$200 2. Four(4) sets of revised plans 3. Four(4) copies of the revised survey The site plan has been revised to address your comments, including the scale, dimensions, construction materials and a notation that indicates the stairs are to be retractable. With respect to the agent, please be advised that I am still the agent of record and should be contacted with any questions. Please schedule this for the next available public hearing. If you have any questions or need additional information, please do not hesitate to contact me at 631-742-2138. Thanks for your assistance with this matter. Since , An ony Tr Cantrell, Elizabeth From: Cantrell, Elizabeth Sent: Thursday, September 21, 2017 3:52 PM To: Hagan, Damon Subject: RE: Good Afternoon 415 Clark Road. Damon, I quickly reviewed the bluff stair application for Matthew Cappabianca as requested and found the following errors: • Mr. Cappabianca gave a check for too much$. The fee for a Wetland Permit application is$250.00. As the associated platforms to the bluff stairs are each less than 200sq.ft. a CEHA permit is not required. • The submitted site plans prepared by Anthony Trezza are not to scale at all. This is not acceptable. The site plan needs to be resubmitted (4 sets)that are accurately depicting the scale (1"=20'). • There is an upper platform at the top of the bluff. The plans show that it is 4' wide, but the length is not shown. Please have the length of the upper platform added to the site plan for the record. Also there is a middle landing'within the staircase that does not depict the dimensions. Please add the length by width of this middle platform,to the plans. Proposed construction materials are not noted on the plans. Please advise Anthony that the plans need to note the materials being used as well as the condition that no treated lumber is permitted on the decking of platforms/decks, step treads, or handrails on any set of stairs, platform or deck. I see in the side view there is to be a stair lift for retractable stairs which is preferred by this board. This is not noted in the project description. Please have Anthony Trezza confirm in writing for the record/project description that the stairs to beach"off bulkhead are retractable via a stair hoist. • The survey does not depict the CEHA line. Any property that is within a Coastal Erosion Hazard Area needs to depict the CEHA line on their survey that is being submitted with an application. • Is Anthony Trezza still the agent for Mr. Cappabianca? I need to know who the agent or main permitted contact will be for public noticing and general questions. I hope this is everything that is incomplete within the application. If the required information noted above is submitted by Friday, October 13, 2017,the application can be placed onto our November 15, 2017 public hearings. Elizabeth From: Hagan, Damon Sent: Wednesday, September 20, 2017 9:16 AM To: Cantrell, Elizabeth Subject: RE: Good Afternoon 415 Clark Road. Can you give me a call on this when you get a chance. Thank you. Yours Truly etc., Damon A. Hagan Assistant Town Attorney Town of Southold Town Hall Annex 54375 Route 25 PO Box 1 179 Southold,NY 11971-0959 1 Phone(631)765-1939 Fax(631) 765-6639 This electronic mail transmission may contain confidential or privileged information. If you believe that you have received the message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it. *********** From: Hagan, Damon Sent: Monday, September 18, 2017 12:38 PM To: Cantrell, Elizabeth Subject: FW: Good Afternoon 415 Clark Road. Attached is the attorney letter denoting Cappabianca's ownership in the subject parcel. Yours Truly etc., Damon A. Hagan Assistant Town Attorney Town of Southold Town Hall Annex 54375 Route 25 PO Box 1179 Southold,NY H 971-0959 Phone(631)765-1939 Fax(631)765-6639 *********** This electronic mail transmission may contain confidential or privileged information. If you believe that you have received the message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it. ****************************************************************************************************** *********** From: Chris Nuzzi [mailto:chrisnuzzi(&yahoo.com] Sent: Monday, September 11, 2017 5:00 PM To: Hagan, Damon Subject: Fwd: Good Afternoon 415 Clark Road. Begin forwarded message: From: Lauren Cacace <1cacace.mdonatoQgmai1.com> Date: September 11, 2017 at 1:01:23 PM EDT To: Chris Nuzzi <chr1snuzzi(2cyahoo.com>, Dam onh a,southoldtownnygov Subject: Good Afternoon 415 Clark Road. Good Afternoon, 2 My name is Lauren Cacace. I work for Matthew Cappabianca. He asked me to please send you the paper work for 415 Clark Road. If you need anything else please call me (347)466-2993 Lauren Cacace M.Donato & Company (718)351-8900 Office (347)466-2993 Cell 3 Cantrell, Elizabeth From: Hagan, Damon Sent: Monday, September 18, 2017 12:38 PM To: Cantrell, Elizabeth Subject: FW. Good Afternoon 415 Clark Road. Attachments: Adam Kandel Southold.pdf, ATTOOOOLhtm Attached is the attorney letter denoting Cappabianca's ownership in the subject parcel. Yours Truly etc., Damon A.Hagan Assistant Town Attorney Town of Southold D F C E I V Town Hall Annex 54375 Route 25 PO Box 1179 SEP 18 2017 Southold,NY 11971-0959 Southold Town Phone(631)765-1939 Board of Trustees Fax(631)765-6639 ****************************************************************************************************** *********** This electronic mail transmission may contain confidential or privileged information. If you believe that you have received the message in error,please notify the sender by reply transmission and delete the message without copying or disclosing it. ****************************************************************************************************** *********** From: Chris Nuzzi [mailto:chrisnuzzi@yahoo.com] Sent: Monday, September 11, 2017 5:00 PM To: Hagan, Damon Subject: Fwd: Good Afternoon 415 Clark Road. Begin forwarded message: From: Lauren Cacace <]cacace.mdonato@gmail.com> Date: September 11, 2017 at 1:01:23 PM EDT To: Chris Nuzzi <chrisnuzzi(2yahoo.com>, Damonh@southoldtownny.gov Subject: Good Afternoon 415 Clark Road. Good Afternoon, My name is Lauren Cacace I work for Matthew Cappabianca. He asked me to please send you the paper work for 415 Clark Road. If you need anything else please call me (347)466-2993 i . 1 i Lauren Cacace M.Donato & Company (718)351-8900 Office (347)466-2993 Cell z 1 ce _' _... ......... .. _.. ..,..,». .. .,._..........,...__._.-.. \ w. ._ , .. _. ......-... _ .mss F Y Adam C. Kandell, Esq,. 2141 Richmond Road 72 Rustic Way Staten Island,NY 10306 Freehold,New Jersey 07728 Phone Number: 718-351-2656 Phone Number—732-682-5097 Fax Number: 718-351-2809 *Refer all replies to NY Office September 8, 2017 Via Email: G E N E Southold Township h i SEP 1 8 2011 Attn: Damon Hagan, Esq. Deputy Town Attorney Southold Town t 53095 Main Street Tru Southold, NY 11971 Re: Premises: 415 Clark Road Southold, NY 11971 Sect. 51.00 Block 3.00, Lot 21 and Sect. 135 Block 1.00, Lot 04 Dear Mr. Hagan: Please be advised that I represent the interests of Matthew Cappabianca with respect to the above two parcels. I was the attorney who handled the purchase of the subject premises on October 8, 2015. Previously you were supplied with the following a) Deed of Record for 415 Clark Road, Southold, as well as b) the Schedule A legal description describing 415 Clark Road AND a neighboring strip of land and c) Survey of that strip of land. r When taking title to the premises 415 Clark Road, Mr. Cappabianca also I obtained title to "ingress and egress over land now or formerly of Matthew J. Clark and wife to the waters of Long Island Sound" which is the strip of land described on the Schedule A of Mr. Cappabianca's deed of conveyance, If you look at the Schedule A legal description for 415 Clark Road, there are not one, but TWO property legal descriptions. The deed of conveyance and Schedule A were properly acknowledged and recorded by the Suffolk County Clerk's office on November 13, 2015, establishing Mr. Cappabianca's interest in said strip of land. Should you have any questions, please feel free to contact me. Thank you for your kind assistance. Very truly yours, ACK:mak Adam-C. Kandiff Enc. Cc: Matthew Cappabianca. f SEP 1 8 2017 j I Southold Town i 3 i {S P y1 I i IIII IIII Illi Il 111 IIIII,11111 Ilill 1111 l 1111 l I Iill IIII II II 111i111Yllllllllllllllllll rSEP 1 8 2017 SUFFOLK =UNTY, CLW. S u Town Southold:Town RECORDSOFFICE B ar o Tr ,RECORDING PAGE Type ,of Instrument: DEED: RiEi.(j6rde_d 1-1413/`2015 .'Number of Page-a: 4 At: 12 :47:47 PM Aeceipt Number 15-;015.8`674 ,x.W. - it, TAX NUMBER: 15-1081,0 LIBER: 0000, 2:8-40i Section. Lot: 1.000 05-1.0'0w 021.0,00 ZXAMIftb AND. 'CHARGED At FOLLOWS; Deed Amount:: $375,OQQ :0,0 Received 'the Followinq ;F6es For Above I-hatkumerii Exempt Exempt Pca"/Filinq- $2- :0.40' NO Handling' $20 ,00 No COE $5.!00' NO NYS SRCHG $16.00 NO EA-tTT $S.-4-00 00 EA-STATE, $125.,G,0 NO TP-5,84 $5.100 NO Notation. $0.00 NO Cert.Copies $,0:00 NO RPT $;60 .0'0 No Tr.an's f or tax $1,500 .00 NO Comm.*Pres $4,1500-.60 NO "p,60s Pai-d $-6,2'55 00 TRANSFER TAX NUMBER,: 15-10,10 THIS PAGE it* A PART. OF THE -INSTRUMENT THIS IS NOT A BILL MDITR A, PASCALE County QjOrk, Suffolk .County �e Number of pages RECORDED 26i5 hIoQ 13 12W.1`47 Oil This dOCUMent.'will be public JUDITH A. PR%AL record.Please rernove all CLERK OF SocialSeturity 'Numbers SUFFOLK COUNTY UNTY. E C E V E_ L DOODI-2840 prior to. ; Precording; : g 723 DT#: 1.5-19910 8 2017 Deed Mortgage Instrument beed]Mpqgp.ge'Tax St;TPRecording F�ffln� Stamr s FEES Southold Town Pao Filing Fee Mortgage;Amt, loard of Trustees T 8asit Tax .Handling M_00 I. Additional Tax TP-58A. 4� Sub Total Notation Spgp7As5it. EA75,1117(County). Spec.,/Add. E6-5217(State) TOT,MTG.TAX R.P.T:S.A. :Dual Town Dual County --------------------- H61d f&A t pppintTeri. Comm.bf Ed. '5, 0,'0 Transfer Tax Afficlavii Marision Tax Th&proy:this mortgage.is Certified„Copy p grfy covered b or will be improvect by a one or.'two. NYS SLIf6jr66; 13. 00 farnily AwellingArily: SUb3otal' vV ' Other. 'Y.ES'_or NO< If NO; see.appropriate tax_clause on e- .0'f this insil 1'ru,rpen. 4 Dist. Section` Block Lor 5 ComirbOhity.•Pre spryation Fund Aeai Property, T,ax�Servf,ce 1-$032362 1,060: 05f60;`6340: ComdCraCtionAftfoijbt Agency Z�T�s VerificationCP'�Tax Due, Improved -sa-CISacro 6` Vacarit'Land 'a f S-T#-)W' �14r�u AJ 0 3 TD' udiihA.,Pascale,5uffblkCountyClerk 7 Title.tdirnpany Information 3J0 Center DdVe, Riverhead, 'NY I i9b 'C6.Name 'WWW..S.Liffo.1kcountyny.gov/c!Ork k _7-Mt-17— Title.# S;7- A COIQM-Y'Recording & E..n.d.oIrsement Page This-page forms-part of the attached �� made by- (SPECIFY TYPE OF INSTRUMENT) 5 A,,J U-kl'S fi The.premiseshmin is'situated in Is, SUFFOLK COUNTY.NEW YbRK.Aaw - Is- TO In the TOWN of -7A() T*) AIA-J414- In the VILLAGE .6r HAMLET of BOXES6 THRU BMUST BE,TYPED OR PRINTED.IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over 669SIOLTY609 LAWNtR,BtF6AE SIdNiWd THIS INSTRUMENT-THIS INSTRUMENT SMOULDBE USEDBY LAWYERS'ONLY 'THIS,INDIENTURE,made the :9 day-of October,1015 A ,BETWEEN JOHN SPlRlb'kIS, HARRY SPIRIDAKIS;grid ANTHONY'SPIRIDAKIS, as Trustees of the -Alexander'brid Eugenia SpWidakls,Loving Trust;residing at c/o 20759 29`"Avenue,Aot:'31F,Astdria,NY1 1105: party or,the first part,and MATTHEW CAPPABIANCA,residing a129 Barlow Street,Staten Island;,NY 10108: . .party of thesecoridpaii; �h V� • WiTNESSETH', that 11.� party of the first part'. in consideration of'THREE HUNDRED SEVIENTY=FfV THOUSAND and"noll= 0hs.($�76, rtido.es hereby,grant and I­ I . I 1 .9040)dollars paid by the party.,of the second pa ,f6ledsi):UhIb'thb:pdqV 61"the s6dbdd1)art,,the heirs or succe§§6i§'Ond:assigns of the party pf,the.-second part .forever, SEE'SCHEDULE,'!A"ANNEXED HERETO,AND MADE A PART HEREOF 'BEINGAND INTENDED'TO-'BE.tfie same premisesconveyed to the parties of the firstoare W2 t.by dead ffad Alexander Spiridakis and.Eugenia Spifidakis dated November;.27., 201 2 and recorded in. the tUffdk-Quint Qqrk!s.Office onJanuary 16,201,3 in Liber 12717 2717 Rage.528. TOGETHER,- interest;if any;of'the party of the-first,part in and to.any<sl�reits;arid roads with all rigqt,,lit,e:arfd ,�buttin§,'th6iabb*ve*-described - seS16 the center lines thereof:TOGETHER with:thelappuftbnances and.all ' "' �OMi .__ .. _ q lines thereof: ,thetestate,and rights of the p'4hy-df'th6 first part iriz6nd to.said'premis.es-'TQ-HAVE:AND:TO.,,HOLD 1116 ,premises herein granted Unto the:party oN6second part,the h6ifibrsuccessors and 6ssignsof1he party,of' Vie-second part forever 1,ANb the 0-arty of 4ha'firsl:part bbV.dh.6nt.q,t.h'at the 06rty.qf_the.first,part has:not:done;or suffered:anything .whereby the saidpremiseshave beeatricumber6d in anyway"at6v&ei excb0t-iS afdriatjid. [,ANb the party of,ffie.VsVoaft,in compliance With S&t'ion 1,3-oCthe Lien Law,covenants thatte.party,tof'the 'first pjadwill for'tihfs conveyance : and Will hibld,the right1d such dorisidierabon 7#a trust fijno�tp be,applied first for,the purpose of.payirig.the cost of theimproVeirnibit and Mil,ipill' filfsoo-the payrrieritof'the.4;oqt-qf,I(hp impfoyement,before usingany part,,of the.total.of'the same for any.dlhbr purpcise.The-Word"party"shah be 66fistirued.as.if Jt.read:"parties"whenever,the sense of this indienture;S*of requires. ; IN WJTNE5S-WHEREOF,',lhe party,of the first.part has.duly,executed this deed the day and yetailf first 6.bdve -Written.: ECEVE SEP 1 8 2017 Southold Town Board of Trustees IN PRESBNCE OF JO PRI e HAPRY IrIDAKILS—Tio.stee 'ANTI­16NY SPIRIDKK Trustee _JI Sqhed.dlle A Dekripfit)h ALL that certain, plot, pl',edd Of Oa'kCel of land, with, the. bui.ldings and improvements thereon hexeon erected., situate,. lyi-fiq and 'being at Southold in tlri,e -TOid.h Of I Southold.; Cobhty of $uffol*k. and -State. .Of New York,. bovjnd,ed and de,3crfb.ed as follows;, BEGINNING at 6 point on the wester ,y line of Clark 'goad, 395473 feet northerly. along said wep,tex.ly line from its .intersection with, t=he no.r.6grily line of the North Road, being tkd southeaste--r-ly c6rhO-k of th-e premises: hetein desdribed.- And fuhh,ing' at tight. an.9-le& to said westerly line of Clark Ro'xd So6t,h 69 degrees 0.3 -Mihift-e-0 '5,0 seconds West, 1,7-4.0-2 feet to.. .16,hd ,of Sdffu6l 'Davis; th.onc6 Along said land of Samuel 0avis, North 21 deqrees 19, Minutes 5' '0' deiqrae_s 'West, 60..:00 Ie,6t, .thence aldhg land 61 BAftel, D-i Iotten and. Lillian Totten and pa:villbl with- thb z'6.dther.I:y .boundary beretzi Above described'i North 69OAg.lpeels .03 minutes` 5°0' seconds Eas't, 17:4.7%8 feet t-* said westerly line r. ,; thence, ailAnq. f P'lla, X, Roazd said west=erly li,ne, of; Cl:-ark! ou.t'h 20;-degrees- 5.6 minutes Road,. S 10 seconds Ea:s-t '0;,00_' feet to, t.he Point of BEGINNINd.. T6Gjft-lIffEA,. with. the eight,, tit,le and interest of the ,Graht-pr, '-i,-f ,any, .in and to, the- highway 'in frppt o:f and: adjacent to, waid' premise's, to. the conter 11ingi lt.li.otjdof. TOGETHER with ifiltdAs and e-#e-ts.--6,V.er land now or formet.I.Y:01f, Matthew J, ;C-hark and: w fel t o the- waters of' Long island' Sound'; said 16nd be:iiig 461tribe.d a,g follows:: that certain tract or,.,,, parcel bf land situate,, lying and tieing at- 'Sosjth?.,Id, Towh- of $oiithold, t'oan:ty" of and State; of New Yotk-,, b6tinded and describ-ed as follow* AEGbWf14G at. a point= on thbi-hofthetl.*y..` nide of Sound: Viiaw Avenue -adj.o-ining­j,.arjd ;fioxmerly of .Arth=ur Tay=lor and running r n thence in A northerly direction a.-hd alcrtiq iandtotrherly. of Arthur Taylor, to the 'high water haxk! of Long Island slAnd Sound, thence deflecting to the rightzjnd: a=long thp line of hi-gh water mark Thirty (30')' feet to land now or fokme�rlY -. -of Hebty ' G. Wenzel.. thence South by land 1T)ow or :forine'4y of: Henry G. Wenzel, to Northerly side of Sound Vi' 6w Avenue,; distant; yen - Ten (10) feet from the 'East-erly- line: of land forinrly of Arthur Taylor, thence in A southwes'terly direction and al- pg the. line of ttfe Northerly Side Of Sound. View AVi�hue, Tien i,10;. feet tf; the point or place of 111.7-.'GINNING EC E VE SEP 1 8 2017 Southold Town kard of Trustees TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN NEW YORK STATE :State of New York,County;of Suffolk ss: State of New York,County.of.Suffolk ss: On.Ute day of ilrrlhe,year 2015On theday'oi in the year 2015 '"K before me, 'the 'undersigned, "personally appeared .JOHN Before me,.the undersigned, personally'appeared.ANTHONY SPIRIDAKIS and HARRY SPIRIDAKIS SPIRIDAKIS personally known to me or proved,to me on the basis of personalty known;to me or proved to me on the;basis of ,satisfactory evidence to be'gte individu0(s).whose names).Is satisfactory,evidence,to be the indfvlduat(s)'whose name(s):i3 (are):subscribed to the within instrumentand acknowtedged to '(are)subscribed to.ihe,within'instrumentand acknowledged to me that he/she/they executed the :same: in• his/her/their me that `'he/shelthey .axecut . the same im his/he0their capacity(iss), and .that by His/her/their signature(s) on the: capacity(es_), and at b, i rNleir signatures) on the instrument,.Ihe,indiVidtial(s),'o�the person upon l>ehatf of wfiicfi in"stitirrierit " .iiid' idual ),,oi th' a"" upon behallof Which the individual(s):acted;,e led t e Ins me the;individ al a ed,.e. uta a' _men (signature and office of in Ividuattakiri .ackiiowledgmenty (s not and office.of; dividuat king;acknowtedg'meot)' NQTARY;PUB • NOTARYP_U.• IC ADAM CHARLES;KANDELL j„KEMIkL44HLIN 'Notary PubllO,Stele of New Yak Notary Public,State,01 qew York No.O1KA48420d9 Qualllied N_orw Chunty. QWIlMI d.lhAktim011d COtmty `:Mnmi3sian,EX,0! Cotnmlwhu►6fiptfii Jul»30,9019: TO BE USED ONLYWHEN TME ACKNOWLEDGMENT'IS MADE'OUTSI'DETNEW1fORKSTATE State(or.District;of Columbia„Territo y,or Foreign Country)of SS: On'the day of In the.year before me,ahe undersigned;personally appeared personally known b,me or proved to tne:do:the=basis rof satisfactory" ,evidence to,tie the:ihdiv'idual(s)�Whdsb:.h;me(s) is(are) subsc Wd to the within instrument and a knbwteiiged to rhathat.fid/shWthey ez duted:Uiesanle'ln hMe-ritfietrcapac ty(ies),•and that by.hls/herlth6rslgnature(S)ron.the,instrument,,the indiyiduaps),or the person upon behalf of which the individuat(s):acted, executed'the.ins' men t and that such'individuetm..ade?such appearancebefore`(he undersigned,in`the in. (insert the City or other_political subdivision) land.insert theState of Country of-otherplace,the,acknowlWoment was.taken) ,(signature:and office of individual taking acknowledgment) BARGAiN'AND.SALE DEED' DISTRICT'1000 , WITH COVENANT•AGAINST GRANTORSECTION 05.1.00 'SaAGT$ BLOCK. 03:00 LOT 021.01)0 Title No. COUNTY OR^TOWN JOHN SPIRIDAKIS,HARRY SRIRIDAFCIS-B STt2EETAADDRESS ANTHONY SPIRIDAKIS,Trustees TORec9rded at Request of MATTHEW CAPPABIANCA COfdMOMNF11, LAN T1TlE INSURANCE:COMPANY RETURN BY MAIL TO, STANDARD FORM OF NEW YORK BOARD OF,TITLE UNDERWRITERS pslribi,tedIby ADAM_C..KANDELL,ESQ. 2141 Richmond Road Commonwealth Staten Island;.,NY 110306 w I.wuA •r,onurum CoAv toNwF..LTH 1.&tzD_Tmz I NsuRA NC'8 COmPAm W u o , u E C E � V E z a 0 0 U W 0 SEP 1 8 2017 w H K O W Southold Town Board of Trustees N w C W H COUNTY USE ONLY WSTRUCTtpNS{RF•b2i?-POF•INSk ti6facteps ib".us FOR _ /' Now York•Sfato Dopm4narM of• Ct.swtscodo 17,7K 3,.�, �, I Taxation and Flnanca: D2:Dab Deed Recorded L // , ,�' /�� I Office or Real Fhnp".Teol Se-vim °" >~�•��� � RP-521:7-PDF CS'8a>!l LZil15>`1L l: Real PrapwhTnoWerAsimtt mM PROPERTv`INFORMA-noN i• 415 Clark Rodd t:ocatro •strauuamse �� ._ Southold 'Southold ratme �• Cappabianca _ Matthew' lhme •uur,>rurxpwrr ,� IAf!rl,rilmlM,q' " raSTM1! " add V,e hAea,Ta.Bae are 10 be dead ;D do0,s ttue'aryar eddwa(at bolbmdloiia) tAa MWIm10M11' Aodnea' .remMaa. Milk"tt m(worwa an,aTor, nAu acme 4._hwkab der mm,W:r ol'Anwtiai.N 1 'pd.f+a,ceb Pan d e P'aa1 iomhl IF PIA of a PW"4 Gad a they appy: RoOpirwla'tramrrred.mttlrthred OR ❑ 4&PbaMpBomOellh'SuDaMbmil,ahalr.Eft ❑ 0.Wed 0.24 O s tnharar X OR ie 8ebd>rbbn Ap'pm I ria Rapub'ae birrarmta •ovM. .,,odea $pirldakls John. 4C--Ps-wl Apwwmd for SubaAsIbm veli Nap PmaWad p SpiYidakis Rariy, ror Mi. tfann Spriiidakie Anthony uereKa/atasiar, naT 'l. $aba 00 44KMPDdb WhJch riipel asai.dy eiidAs fM thick the boxes Debre a'titar appht: ia.61 to 060od�d itee,tbii Of iatw 0.0wnM4 Typo t.Cw4t ,e ❑. A."�rx Fiun))y'RcsldmttaL 0.floe Construction an awraa yaw ❑ !M.Auld"Loafed"Mn sh AWEilti it DWAt ceB.Diryar recalre0 a dbdti.ura iioeea aOAcitbip OottM,praproty b er'm ❑ 'ApnddniR7 D1q,kt ❑ SALE INFORMATION: ta.Cthetamormtnofd»sarsr,e0ba"Fppedbteto'enmt�ri 'A;"liehma,Relatlyae or FcM-Rabihii'i. 11.;saN:Caohaa ow. .: I. .I.2 0,1•S, : R.gar hebem+Re"congmdee w P9men,h,,e,u►ma C:'Ore&O k"Ib o_apo a Samir 7t.Dar of 4rlTnnsft' .. / _. D.Buys,a8eoer b Ga�etnnereApetxp a la,mtMG6dbit • .. / 19 E.Deed Typi ira4 Wwm*or 9a,pdn arta Sala iq�. R'Sdb of F,actim ala(L"dial FN brad(Spvcvy Oda" `Ni Hitt Deb Pride 375,,000,0 .:.M:'Sloftortl geagah PiQPVIV Between TamMe Status mW Sar Dat". 1 Fill aim P,loi b the taafomaaa .. ' ._ :sna of B,n.iaas b b sar'Pdci Pale tr lDo prapvty tnW�q Paeonefv�opdrtr; _ .ndf n J.kine Uriteival P.Cme Afiaedap Sob fib ISparifji fib`) Pgrtn any h��euu'inuut)r��k���tm� a iatlt onr popary'a aaod.;a.tne aumupi)on of Modem•�'Y••'+l pMp roiiid b N,0 i,isieif rAaY fO/,aaGfal. Cm&Orin-!on Common:; 14.bidtrabi 0u.sea fpersoeal property leafaded to do ab; .0 !ASSESSMENT INFORMATION-Rta,tllldtM Mead OW latest Final Aaoament Ron and Tec BIO t0.Ya'r'dAaeaahniRotlhar.o(YdYltilarmationtaken(Tr),lq Mi.Toot'iiaaaedrii" 4,10.0 40.Propwry.6m jib ,• ''10.3cftM06ildNims Southold. 7a.Ta rap meamM�YRaa q ro°tee ttsigtddr,aDie)t'ahtimlintli aOdltlariat tlaedlnMal3. 1000-051,.00-03..00-021,., 0 CERTIFICATION I Ceidfy thli dt of the three bf)merrAtIm'mbnd'0.tha forts"a'n b ui indcorrecl(loan beat day boeYdpe and beOe0'aad 1 prwutgaM tDR thii.makba of say wmfnl hhe OfabnarRof.famift 6d[tiMn aub)ict•mi b the _ to'ae r"kDiO tad f@nY i!hoe I,iia,miieib. (tel //// 1� �8nee i/m ora,4 frit n.,Mer.rest i mfrs uLaoerr.rQ6aas m,P "lin poo amoa!ih v 11 ,. VJ ..uy nab,v a+:iaiour eaelate.xVy.tlw,emeeam Dam tdanvd,d.,r,eiakKneipaa L"l . C{rj1_J P�M,•M an em�4g>+bs!OP�9eraxr4mm bei�d TpOe der ored'aanN.) BUYERSIGNATURF Cappabianca .146ttheii "m NOW SEP 1 8 2011 rw DSTO 29• Barstow Street Southold Town .SIMIT KaaM 'ai—r Md[ . Staten Island Tfl1 t NY 103DO •,SrTO,TOMr siert vaeomc BUYER'S ATTORNEY. Aandell Adam i !NTwue' rwar_rwe (718) 351-2656" „mma. TnxntoamLWWCL e"0aa,. r t 1t t L �QF S00 - Town Hall Annex John M.Bredemeyer III,President 54375 Main Road Michael J.Domino,Vice-President ... ``" P.O.Box 1179 James F.King,Trustee ._,, Southold,New York 11971-0959 Dave Bergen,Trustee . Y0. Telephone(631) 765-1892 Charles J.Sanders,Trustee �if'CQUNt`t,', Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only Coastal Erosion Permit Application Wetland Permit Application D E C E I V E _Administrative Permit Amendment/Transfer/E tension ✓Received Application:� MAY 2 3 2011 _Received Fee:$ _Completed Application: _ d,��, ` Incomplete: 1 — a pu/v�(iTa�7'Of�s _SEQRA Classi kation: Board of Southold Town Type I Type II Unlisted Trustees —Coordination:(date sent): _LWRP Consistency Assessment Form: CAC Referral Sent: Date of Inspection: _Receipt of CAC Repo _Lead Agency Determination: Technical Review: :VPublic'-Hearing Held: 7 7 Resolution: Name of Applicant r Matthew Cappabianca Mailing Address: 415 Clark Road, Southold, NY 11971 Phone Number: Suffolk County Tax Map Number: 1000- 135-01-04 Property Location:- 21415 Soundview Ave Southold North side of Soundview Ave . , 200 ft East of Clark Road (provide LILCO Pole#, distance to cross streets, and location) AGENT: Anthony Trezza (If applicable) Address: PO Box 1686, Westhampton Beach, NY 11978 Phone., 631-742-2138 50 Board of Trustees Application GENERAL DATA Land Area(in square feet): 3 , 467 s f Area Zoning: R4 0 Previous use of property: Vacant Land Intended use of property: Pedestrian access down bluff 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? X Yes 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? Yes X No Prior permits/approvals for site improvements: Agency Date X No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation:. Project Description(use attachments if necessary): . Construct 4 ' x 35 ' Bluff Stairway, 8 ' x 10 ' Deck, 4 ' x 4 ' platform and 3 ' x 8 ' Bulkhead Stairs . Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Access down bluff, seating area, and access to shoreline . Area of wetlands on lot: 0 square feet Percent coverage of lot: 0 % Closest distance between nearest existing structure and upland edge of wetlands: n/.a feet Closest distance between nearest proposed structure and upland edge of wetlands: n/a feet Does the project involve excavation or filling? X No Yes If yes, how much material will be excavated? 0 cubic yards How much material will be filled? cubic yards Depth of which material will be removed or deposited: 0 feet Proposed slope throughout the area of operations: -45 Deg. Manner in which material will be removed or deposited: n/a 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): No Wetlands present on property. ' 1 t Board of Trustees Application COASTAL EROSION APPLICATION DATA Purposes of proposed activity: Access down bluff, seating area, and access to shoreline . Are wetlands present within 100 feet of the proposed activity? No X Yes Does the project involve excavation or filling? X No Yes If Yes,how much material will be excavated? n/a (cubic yards) How much material will be filled? n/a (cubic yards) Manner in which material will be removed or deposited:., n/a Describe the nature and extent of the environmental impacts to the subject property or neighboring properties reasonably anticipated resulting from implementation of the project as proposed, including erosion increase or adverse effects on natural protective features. (Use attachments if necessary) No adverse environmental impacts anticipated. Bluff to be protected from potential erosion caused by foot traffic . Board of Trustees Application AFFIDAVIT Matthew Cappabianca BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF,AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE BOARD OF TRUSTEES HARMLESS .AND FREE FROM.ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S),IF GRANTED. IN COMPLETING THIS APPLICATION,I HEREBY AUTHORIZE THE TRUSTEES,THEIR AGENT(S) OR REPRESENTATIVES, INCLUDING THE CONSERVATION ADVISORY COUNCIL,TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH THIS APPLICATION, INCLUDING A FINAL INSPECTION. I FURTHER AUTHORIZE THE BOARD OF TRUSTEES TO ENTER ONTO MY PROPERTY AND AS REQUIRED TO INSURE COMPLIANCE WITH ANY CONDITION OF ANY WETLAND OR COASTAL EROSION PERMIT ISSUED BY THE BOARD OF TRUSTEES DURING THE TERM. OF THE PERMIT. Signature r r y Owner SWORN TO BEFORE ME THIS o1ol DAY OF (I"1 q�/ , 20 (-7� Debra Keller Notary Public,State of New York Notary Public No.OlKE6316526 Qualified in Suffolk County Commission Expires December 15,2018 Board of Trustees Application AUTHORIZATION (where the applicant is not the owner) 3 I,__ Matthew Cappabianca residing at (print name of owner of property) (mailing address) — 41 Clark Road, Southold db hereby authorize (Agent) Anthony Trezza to apply forpetmit(s)from the Southold Board of Town Trustees on my behalf. wner's griaturel 1 APPLICANTIAGENT/REPRESEN'T'ATIVE TRANSACTIONAL,DISCLOSURE FORM The Town of Southold's Code of Fthics prohibits conflicts of interest on the part of town bfficers and cm Inyees.Aleurrpose of this form is to provide information which cvt alert the town of possible conflicts of inir st ind allow it to take whatever action is necessary to avoid same. YOUR NAME: Matthew Cappabianca (Last name,first name,gaiddle 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 X Approval of plat _ Mooring Exemption from plat or official map __ Planning Other (If"Other",name the activity.) Do you personally(or throu fh your company,spouse,sibling,parent,oc aild)have a relationship.with any officer or employee of the Town of Soudloid? "Relationship'.'includes by blood,marriage,or business interest."Business interest"means a business, including a parmership,in,which the town pricer or employee his cvena partial ownership of(or employment by)a corporation in which the town rift icer or employee owns worc than 5`Y,of,the shares. YES X NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by tate Town of Southold Lucille Cappabianca Title or position of that person _ Describe the relationship between,yourself(ilte applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)andtor describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B)the legal or beneficial ownerof any interest in a nbn-corporate entity(when the applicant is not a corporation); C)an officer,director,partner,or employee u€the'applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP sister-in-law 3 Submhted this 7 4day of__✓�O 200!7 Si{;nature���,..4�•-�'YL. %�t:�G�-w'� Print Name _C� nC/7„J, Form TS 1 •'�OTARy.• PUBLIC Exp.January 30,2021; S N RICHMOND COUNTY*g.Q gUfFO(K Michael J Domino,President o�0 CCG Town Hall Annex John M. Bredemeyer III,Vice-President �� y� 54375 Route 25 Glenn Goldsmith ti = P O.Box 1179 A.Nicholas Krupski Southold,NY 11971 Greg Williams y ® p! Telephone(631)765-1892 Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD --------------------------------------------------------------- In the Matter of the Application of MATTHEW CAPPABIANCA COUNTY OF SUFFOLK STATE OF NEW YORK AFFIDAVIT OF POSTING TO BE COMPLETED AFTER POSTING REMAINS IN PLACE FOR AT LEAST SEVEN DAYS PRIOR TO THE PUBLIC HEARING DATE I, 419Adm 4 ��ZG�4' , residing at/dba 4/0 4VI/ 11,zr-o l AZe J/751 being duly sworn, depose and say: That on the day of 16ily," , 2016 , I personally posted the property known as 21 Y/ I- "ji--,-c, /ale /dDo - /.; r- /-y by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days rior to the date of the public hearing. Date of hearing noted thereon to be held Wednesd uary 17 2018. Dated: (signatur Sworn to before me this day of t!7 2019' Debra Keller Notary Public,State of New York `/ ti `► No. 01KE5316526 Notary Public Qualified in Suf alk County Commission Expires December 15, 2018 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: STATE OF NEW YORK COUNTY OF SUFFOLK _� '9/7 1 ���' � , residing at Ae 14/2,/ Sar//e AU y /17�/7- , being duly sworn, deposes and says that on the _daY-0—f �e 20_Z,� , deponent mailed a-true copy of the Notice set forth in the Board of Tr6stees Application, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at s6 u�Li c�h�fes-, , that said Notices wer ailed to each of said persons by CERTIFIED MAEURETURN RECEIPT. i Sworn to before me this f Day of a f 20Ve Debra Keller Notary Public,State of New York i Na O1KE6316526 i Notary Public Qualified in Suffolk County Commission Expires December 15,2018 _ 'aF •ivy,.^ . UG@TM$:.POStaI'SerVICeTM • ..0 S POStaI'SeI VI `• f*�y� . a , CERTIFIED�MAILTM:RECEIPT; _ CERTIFIED�MAILYREC:EIPT (Domestic Mail'Only,No Insurance Coverage Provided) (DomeshcMail!Only;No InsuranceyCoverage�Provfded) , • r_.._ For.del_ivery information visit ourweb§ite at www:usps.com®,: ' ,. f;For;delivery,informat,on visit ou,website at www.usps.com®_'-•• ' , _ III Will _ _ _ PS Form`3800 Au ustY2006 " -' a'�"���'�' PS Form 3800ugust 2006 t See Reverse for Instructions g `y SeLN-erse for Instruction =A �...,- � ,�..� 'ate>Y.•' r..,..�.�..�..�. k. +r.,l•��. U $KPosta.l Serv4 ,e,• '`65w . wrU.S. PPostaII�ServIce rn "h ° ww• ', CERTIFIED MAIL„ :RECEIPT: CERTIFIED. MAIL,,., RECEIPT €' (Domestic Mail Only,IVo Ins ur'ance"Coverage Provided) . t(Domestic Mail Only;No insurance Coverage Provided) e r r ' Fob deliveryemJoimat,on'��s,t our website at:;www.usps come AF,i r;dellvery.Inf&matlon visit our website at www.usps.com9 it El tow FA WENLI-ML , 9 ; it r . _ -6 Z. y -...,.�;, ' ,. w'�•"'' SPS Fo 00 August 2006 , She Se�lonliis,ruc,ions.. PS Fonn3800 Augus52006�`'��,�'� �. See Ren,,,vmse�for Instructions y - � � �mrate.va:,.— PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: - ece � e -' STATE OF NEW YORK COUNTY OF SUFFOLK , residing at , being duly sworn, deposes and says that on the day of , 20____, deponent mailed a.true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were trailed at the United States Post Office at , that said Notices were mailed to each of said persons by CERTIFIED MAIL/RETURN RECEIPT. i Sworn to before me this Day of , 20 Notary Public 1000-135-1-3 Nicholas Chiotelis 40-7448 1h Avenue Apt 31K Long Island City, NY 11109 1000-135-2-1 Mark McDonald PO Box 1258 Southold, NY 11971 1000-135-1-5 Marijo Adimey 245 West 25th Street Apt 4E New York, NY 10001 1000-135-2-9.3 Andrea Aurichio 51555 CR 48 Southold, NY 11971 NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: / /J "! � V Al t,o ��lo�'������c SCTM## YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: ('o,, S'-1rdcf a ' Y 3 r ' Sf.-,iw P141Fo�i,, 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 3. That the project which is subject to Environmental Review under Chapters 96,111 and/or 275 of the Town Code is open to public comment on: DATE: J a���,� 17 2 di 8 You may contact the Trustees Office at 765-1892 or in.writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. PROPERTY OWNERS NAME: MAILING ADDRESS: PHONE #: AGENT: MAILING ADDRESS: PHONE M G3/- Enc: Copy of sketch or plan showing proposal for your convenience. NUTILt: Ulm HLAKING NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Southold Town Board of Trustees at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: MATTHEW CAPPABIANCA SUBJECT OF PUBLIC HEARING : For a Wetland Permit to construct a 4'x35' bluff stairway consisting of a 4'x11 ' upper platform to 4'x10' stairs to a 4'x4' middle platform to 4'x10' lower stairs to an 8'x10' bottom deck against the toe of the bluff; and to install a 4'x4' cantilevered platform off of bulkhead with 3'x8' retractable stairs to beach. Located: 21415 Soundview Avenue, Southold. SCTM# 1000-135-1 -4 TIME & DATE OF PUBLIC HEARING : Wednesday, January 17, 2018 — at or about 5 :30P. M . If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631) 765-1892 Y . 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing: Part I -Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part I 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 1 -Project and Sponsor Information Name of Action or Project: Cappabianca Bluff Stairway Project Location(describe,and attach a location map): 21415 Soundview Ave . Southold Brief Description of Proposed Action: Construct 4 ' x 35 ' Bluff Stairway, 8 ' x 10 ' Deck and 4 ' x 8 ' Bulkhead Stairs . Name of Applicant or Sponsor: Telephone: Matthew Cappabianca E-Mail: Address: 415 Clark Road City/PO: State: Zip Code: Southold, NY 11971 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that Q 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. a I NYSDEC 3.a.Total acreage of the site of the proposed action? U 8 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 • 08 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban El Rural(non-agriculture) ❑Industrial ❑Commercial ®Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify):. ❑Parkland Page 1 of 4 5. is the proposed action, NO YES N/A a. A permitted use under the zoning regulations? ❑ 0 ❑ b.Consistent with the adopted comprehensive plan? ❑ X❑ ❑ 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? FRI❑ 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: F ❑ 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? ❑. ❑ c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X❑ ❑ 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: � D 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: X❑ ❑ 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: o ❑ 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? ❑ ❑ 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? ❑ ❑ 1 f Yes,identify the wetland or waterbody and extent of alterations in square feet or acres, 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 ❑Urban ❑Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats, listed NO YES by the State or Federal government as threatened or endangered? -1 a X 16. Is the project site located in the 100 year flood plain? NO YES X 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, ❑ ❑ a. Will storm water discharges flow to adjacent properties? ❑NO ❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO ❑YES Page 2 of 4 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: a ❑ 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: ❑ ❑ 20.Has 41ie 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: D ❑ I AFFIRM THAT THE INFORM IDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponso e: A71 2Z Date::. S Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the,following questions in Part 2 using the information contained in Part I and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1 Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? EZ( ❑ 2. Will the proposed action result in a change in the use or intensity of use of land? ❑ 3. Will the proposed action impair the character or quality of the existing community? ❑ 4 Will the proposed action have an impact on the environmental characteristics that caused the Elestablishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or F-1affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate ❑ reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: ❑ a.public/private water supplies? b.public/private wastewater treatment utilities? ❑, 8 Will the proposed action impair the character or quality of important historic,archaeological, El or aesthetic resources? LJ 9 Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, ❑ waterbodies,groundwater,air quality,flora and fauna)? El Page 3 of 4 No,or Moderate small to large impact impact may may occur occur 10 Will the proposed action result in an increase in the potential for erosion,flooding or drainage o problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the prQlect sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration, irreversibility,geographic scope and magnitude. Also consider the potential for short-term, long-term and cumulative impacts. Check this box if you have determined, based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required F] Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Town of Southold-Board of Trustees /XM ame of L Agency Date J,. Kid "I 0 President Prinl or Type Name of Resp nsib Officer in Lead Agency Title of Responsible Officer ignature of Respon ble Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) PRINT Page 4 of 4 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS I. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated. as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town).. 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 alain6d in detail, listing both:supporting and non- supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website(southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 13 5 _ 01 _ 04 PROJECT NAME, Cappabianca Bluff Stairway The Application has been submitted to(check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees I. 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: X❑ Nature and extent of action: Construct,. 4 ' x 35 ' B1uff., Stairway, 8 ' x 10 ' Deck, 4 ' x 4 ' Platform and 3 ' x 8 ' Bulkhead Stairs . Location of action: 21415 Soundview Ave Southold Site acreage: 3 , 467 sq. ft . (0 . 08 ac) Present land use: Vacant Land Present zoning classification: R-4 0 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: Matthew Cappabianca (b) Mailing address: 415 Clark Road, Southold, NY 11971 (c) Telephone number: Area Code( ) (d) Application number,if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes KI No❑ If yes, which state or federal agericy? NYSDEC C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. Yes ❑ No ❑ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No 0 Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LAW Section III—Policies Pages 6 through 7 for evaluation criteria ❑ Yes ❑ No 0 Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LW1tP Section IH—Policies Pages 8 through 16 for evaluation criteria ❑ Yes ❑ No 0 Not Applicable 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 1-1 Yes F] No 0 Not Applicable 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. 'r—] ❑ 0 l Yes No Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ No j Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluatiop criteria. ❑ Yes ❑ No 0 Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the.Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ YeO No LF:-2�J Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑, No X❑ Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑Yes ❑ No 0 Not Applicable ` Attach additional sheets if necessary Policy 12. Protect agricultural lands-in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No 0 Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No 0:. Not Applicable Anthony Trezza Agent PREPARED BY TITLE DATE Town of S.outhoil ,LVWCONSISTENCY ASSES8MENT_1FORM A. INSTRUCTIONS 1. All.applicants:for: permits* iricludirig Town of:Southold agencies, sha1L complete this CCAF -for prop.used a09,,t tit:areaubjeeti'toal e.To*h f;Squthold Waterfront Consistency;Review-Law. This assessment':is :interi'de ;to::supplement-other irtfgrmation used by, a Town of>Southold agency`in making a.determrnatioa.of.consistency. *Except.minor exempt actions including Building Permlts� and.biher ministeriaFpOrmits not located within the:Coas"tal Erosion=Hazard Area.: 2.- Before.answering.the questtoris:in:Section C,,the.:preparer:of this'form should:review:the exempt minor,action list;,.:policies:and expfanations.of,each;policy contained in the Town of Southold'Local 'Waterfront. Revitalization :Program: A. roQosed acEioii>:wifl° 6e .evaloated:as;-to.`its-.sigacant l Brief cial`an l°a irerse ef1~ects ipoii the eoasttil'`area(wl i fi ho'hid ail-of Southdl 1.Tox�+n) , « 3: If any question,m:Section;C on;;this form�s answered:"yes or" no then.thepropo'sed action will affect::the achievement:of:the LWRP policy'standards°-and conditions contained in flip consistency re�view.law: :`I'has; cach.ai3"s eY riiust be`eit�laaiied=-fn iletail,'ii�lih Udt6_suy-'ortinit ri_d.non- snupgrttrfg facts. If an actron.. ann_ L. t y c" ot.be certified"as'consistent'with,tlie WItP"polic :standards an 'condition§;at:slahl nii'tte'-uiileitake A,cop-of thd`LWR:P is available nthelollowirig pI ac '-ps:::online.atthie Town'of.Soutfiold's' website'(southol"dtown::nortlifgrk.net), the'Board;of�Trustees Offce,-the:Planning pepartment;.atl local-libr."aries.and.the Town Cleik's office: B. DESCRIPTION'OF:SITE-AND MOPOSED:ACTOON. SCTM# 1:3;5 c: PROJECT`NAIVIE Cagpahianca .Ba_uff Std, -V y The.Applicatiop lias-beegs.ubrnitted`_to.(check-appropnate:response): Town,Board 0` Buildin ,Mp QBorPlanain$-$oard doTrustees: .:: : L Category..of•Town-of Southold agency`action(check appropriatelesponse): (a) Aetiou undertaken diirectly.by Town'agency(eg;1capitalEl coristruction;.planning activity,agency,re'ulatiori;.laiid transaction) (b) Pinancial assistance(e:,g, grant,.loan,.subsidy,): (e) Permit,approval,li&nse,certification: Nature and extent of action: Construct 4.' x 3.5 ' Bluff Stairway, 8. ! x 10Deck,, 4.' x 4 ' Platf"or k and 3 ' .x 8 ' Bulkhead 'Stairs . Location of action: 2.1415. Soundview Ave Southold site�acia�ge . _ 3., 467 sq. f:t . (0 . 08 ac) Present land use: Vacant Land Present.zoning cl'assification:.. R-40 2. If an application for the proposed action'has been filed with the Town of.Southold,agency,the following information..shall be provided: (a) Name of.applicant:. Matthew Cappabianca (b). Mailing address:._. 415 Clark Road, Southold, NY 11971 (c) Telephone number:Area Code( ). (d) .Application,number,if any: Will the action,be;directly undertaken,require funding,.or approval by.a.state or federal agency? X cy- NY$DEG Yes N,.o. H yes; which state or federal agen 'l . C. Evaluate the project to the following policies by analyzing how the.:project will further support.or not support the'policies. Provide�aR proposed,Best,Managemenh Practices:that will.further each policy: Incomplete'Answers will require that the form.be returned,for completion, DEVELOPED:COAST POLICY Policy 1. Foster a pattern:of development,In the Town of Southold that enhances community character,. preserves open space,makes-efficient use of infrastructure.,makes beneficial use,of a coastal location,and minimizes:adverse.effects of development. See LWRP Section.III-Policies;:Page 2 for evaluation criteria. Yes ❑ No 0 Not Applicable ... ... . . .. . 4 6n tj Attach additi6iid�sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of'Southold. See LWRP Section III-Policies.Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No 0 Not Applicable �d 0,� �. AG4S'�•,. �Qf /�� /nye/� or' �' rc� .moi lG �� o�i:c•� /�1 Q Attach'additional sheets if.necessary Policy 3. Enhance visual quality and protect-scenic resources throughout the Town of Southold. See LWRP Section.IH—Policies Pages 6 through 7 for'eyaluation criteria Q Yes Q; No Q Not Applicable 43 _ ... l... . npJ .. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. .Minimize loss of 1ife, structures, and natural,resources from flooding and erosion. See.LWRP Section III—Policies Pages &through 1.6 for evaluation criteria 0 ot Applicable Yes No Q N 4 Zoe O*wy/... J.. . . _ WC elar-f 4d I's6 O Attach additional sheets if necessary Policy 5. Protect and improve water quality. and supply in:the Town-,of Southold, See LWRP Section 191 —Policies Pages 16 through 21 for evaluation-criteria 0_ Yes:E N. 'R]'Not Applicable ... — oil , I 4P pit / ,' iVc reJJ , 0 Off, 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 II—Policies; Pages 22 through 32 for evaluation criteria. EJ d a Yes No —Not Applicable �/l�Jaar9c� G�G�I' ��•, L�o✓J: �� %/.I�d/� L�ryr/�/�,,,, Attach additional sheets if necessary Policy 7. Protect and improve air quality in .the.Town of"Southold. See.LWRP'Section M – Policies Pages 32 through-34 for evaluation criteria. 0 Yes No Not Applicable OR Of- o 4.4 Attach additional sheets if aecessary Policy 8. Minlmin environidaental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III–Policies;,Pages 34 through'38 for evaluatiop criteria, D Yes. 0 No •Not Applicable _. h Q Ir,.. .... 6 e(;jj0F0'! 707CUaK 40'j rv, % CAW. 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 LW-RP Section III-=Policies;.Pages 38through 46 for evaluation criteria. nn 0 YeJ:1 Nog) Not Applicable �I�JJ %J ✓ i?vsif vfT a o Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southol&s water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWAP Section III—.Policies; Pages.47 through"56 for evaluation criteria. ❑ Yes ❑ Ni ,l.Not.Applicable JE !: . . le 4Z.. 4 odt4oe Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long'Island, Sound, the,Pecouk Estuary and Town waters. See LWRP Section III—.Policies;.Pages.57 through 6216r evaliiation.criteria. ❑ Yes Not. Not.Applicable Attach additional-'sheets if.aecessary Policyl 12. Protect agricultural lands in the Town of Southold. Sec LWRP Section M.—Policies;:Pages 62.through 65 for evaluation criteria. Yes ❑ No M Not.Applicable 1, d J moo. . . ......... ........ Attach additional sheets if hepessary- Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies;Pages 45 through 68 for evaluation criteria. ❑ Yes ❑ No ❑ Not.Applicable 104 4,17h 77o- PREPARED BY Anthony Tre z za �,IT,LE Agent DATE �� (� Anthony Trezza PO Box 1686 Westhampton Beach, NY 11978 May 11, 2017 D7MAY V � Board of Trustees Town of Southold 3 2017 Town Hall Annex P�0 Box 1179Southold NY 11971 Town Board of rustees Re: 21415 Soundview Avenue,Southold Bluff Stairway Project Coastal Erosion Permit Application Dear Board of Trustees: Enclosed please find the following materials required to submit a Coastal Erosion permit application: 1. Completed Application Forms—1 Original, 3 copies w/Authorization Form Agent Authorization Applicant/Agent Transactional Disclosure Form LWRP Consistency Form 2. Property Survey—3 copies 13. Project plans—3 copies 4. Photographs—3 copies 5. Coastal Erosion Application fee-$500.00 Please feel free to contact me if you have any question or need any additional information. Sin y, o ezza,Agent 631- 42-2138 trezzplanner@yahoo.com j