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HomeMy WebLinkAboutTR-469B Jill M.Doherty,President �\%'OF SO(/Tyo Town Hall Annex Bob Ghosio,Jr.,Vice-President h0 lQ 54375 Main Road James F.King l�[ J�i[ P.O.Box 1179 Southold,New York 11971-0959 Dave Bergen A Q Telephone(631) 765-1892 John Bredemeyer OlCOUNIy Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD July 20, 2011 Mr. Howard Kalman Beixedon Estates Assoc., Inc. P.O. Box 1432 Southold, NY 11971 RE: R.O.W. ARSHAMOMAQUE AVE., SOUTHOLD SCTM#66-2-47 Dear Mr. Kalman: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed., July 20, 2011: WHEREAS, Howard Kalman on behalf of BEIXEDON ESTATES ASSOC., INC. applied to the Southold Town Trustees for an Amendment to Wetland Permit#469 under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated June 22, 2011, 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, in accordance with Chapter 268, said application was found to be Exempt from the Local.Waterfront Revitalization Program policy standards, and, WHEREAS, the.project complies with the standards set forth in Chapter 275 of the Southold Town Code, and, WHEREAS, the Board has determined-that the project will not affect the health, safety and general welfare of the people of the town, and, NOW THEREFORE BE IT, 2 RESOLVED, that the Southold Town Board of Trustees APPROVES the Amendment to Wetland Permit#469B to replenish the beach with approx. 400 cy. of sand, as depicted on the site plan prepared by Dru Associates, Inc. last revised April 16, 2011 and stamped approved on July 20, 2011. This is not a determination from any other agency. Sinc rely, Jill . Doherty, Preside t Board of Trustees JMD:Ims I TOPOGRAPHICAL SURVEY OF BEACH SITUATE SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK SCALE 1 "=40' FEBRUARY 11 , 2008 NOTES: 1. ELEVATIONS ARE REFERENCED TO HIGH WATER BEING ELEVATION 0.0' EXISTING ELEVATIONS ARE SHOWN THUS: .50 T.B. - TOP OF BULKHEAD B.B. - BOTTOM OF BULKHEAD T.J. - TOP OF JETTY W 4 � o � � A LU to RAssi" _ BA L.L ,BEAss� 0 w m T.B. Ail T. r.6 P x e, T. IO xAZ Vj T e STEPS � p2��AP�d M r.B + ST&S wow HIGH WArU MARK ON FEBRUARY 11, 2M P � C� x i.8 Y / ✓ 1. 1 6 P x=1 Q� x-0.9s T9 l—1 p =� r t�rr�� STEPS x x2M re W000 r.e x" 2ff4 LA�+c sus Qv x-1.05 x_.� x—'�' x-1.26 x—1.2a re = m x 21i� x-0.91 x-1.37 m to x AN �0 x-/.04 x x m x 242 �•52 =Z11 x2M ss _„ta x-2.4,} �1� W x XXU 9 x2117 - J3 =1alt -2.34 x2. �p ,, M� r APPARENT LOW WATER MARK ON FEBRUARY 11. 2" x-2.19 f 1 2.20 xis 1�• ��. 1L4 x 2. 5 2.2J 122 —2.f� x-2_21 4.0 2.3 x_o•os x 6 -2-4 x-0.24 __2.23 2.29 H m x-a.92 x o15 - BAY OLD -2.'° TH DU - 0 1'; !j �r" 1", . 1 rr77 2 n �— 2 law 20� .29 wAIER MARK�� 11. ,�pN1p1T C,_OF NEIVk CO I AF T co,Q�'f N.Y.S. Uc. No. 50467 r han Taft Corwin III Land Surveyor urveys — Subdivisions — Site Plans — Construction Layout (631)727-2090 Fax (631)727-1727 OMCES LOCATED AT MAILING ADDRESS 322 Roanoke Avenue P.O. Box 1931 Riverhead, New York 11901 Riverhead, New York 11901-0965 Beix edon-states Association `IL Shoreline Restoration Dru Associates, Inc. Lot 9 =°' 40 Hitching Post Ln. n/o/f Glen Cove, NY 11542 Edward W. Graham TOWN OF SOUT O � 516-676-7107 Revised: 4-16-2011 ®��� IQ,11 Prepared:.1-12-2011 Lot 6 Scale: V=60' n/o/f Joan Kuchner Lot 5 " n/o/f Lot 8 Alma Ilibassi Lot 4 n/ & Bruno Ilibassi n/o/f James F.. T Travers APP N Y.'s o E Barbara J. Ball ROVED As PER TERMS &'Thomas J. Ball AND CONDIrIpNs OF PERMIT NO -. #.tit CAT Exi ting Rock Armor at ulkhea f Lot 7 to a rehabilitated n/o/f Henry J. Latham 400, A• ®um b om3N� rns 7 as-',oi°33 sntau. +' B�.10 ® ;a.©.3 y'.`a° 33'. ��"'fts r+, 's.'•r.-'uf_ , L r s*r6r / /t. r r' s' gg f. '� / 8 • -. Iif1 J 2[fi '°� 4" J /! .. �4 /A'= APoNIENTHIGN WADER MARk ayVyAgrM v' MOopaR[NEy 6Y �3.4p' Lm x / ,AFOS sf. _.,s— !_ .. ,N•� _ ..�..._ �` +1 rr "tzsz, M_r�f30u 1_ '-�� eA Beach sand-replenishment area \� s� \• Sand volume-.appfox.2,0,0&,cyds --`--�� .L rwww TERYAwtw+n.rs;,� •1II 1 UQ • - •. •a 2A .3!S SEA YARKdrEENVARr1l3p(® au . 0,Ln '\` �qvqv An Gp , an iJd _ 3tZ Survey by Nathan Taft Corwin III 0 40 80 160 Feet February 11,2008 � t , , , Sections by Dru Associates Inc. October.2010 by Transit Level Beixedon Estates �Siiioref 4e Restoration Dru Associates, Inc. A - 40 Hitching Post Ln. +4 I Glen Cove,NY 11542 +3 516-676-7107 Ff Revised: 4-16-2011 +2 . Prepared. 1-12-2011 Scale: V=20' Rock armor +1 to first I wafer ° r - - - - - - - - - - - - - - - - - - I , -2 50 100 I AH 2O08 200 Feet Propose d,restoration 20.10 bottom topo B I . . +4 +2 \ Rock armor I.., `,, APPROp S D E C to first +1 AS PEA TFaMS AN[) wafer I ` PERNo..)-CONDITIONS OF MIT 0 I - - - - - -',— - - — — — — — — — PE DA I AHW 2008 q 50 100 200 Feet f Survey by Nathan Taft Corwin III February 11, 2008 Sections by Dru Associates Inc. Restoration by re-setting surface stones after replenishing sand, October 2010 by Transit Level with added sand as needed, followed-by replacing stones, with added stone as needed. Jul 20 11 01 :52p p, 1 Suffolk Environmental Consulting, Inc. Newman Village,Suite E,2322 Main Street,P.O.Box 2003,Bridgehampton,New York 11932-2003 (631) 537-5160 Fax: (631)537-5291 Bruce Anderson,M.S.,President VIA FAX E D July 20, 2011 J U L 2 0 2011 Ms. Jill Doherty, Chairwoman Board of Trustees Southhoid Town Town Hall Board of Trustees P.O. Box 1179 Southold, NY 11971 Re: KUCHNER PROPERTY Situate: 1726 Arshamomaque Ave., Southold BALL PROPERTY 1890 Arshamomaque Ave., Southold BEIXEDON ESTATES ASSOCIATION, INC. Arshamomaque,Ave. Right of Way, Southold LATHAM PROPERTY 845 Arshamomaque Ave., Southold IL/BASSI PROPERTY 1728 Arshamomoque Ave. Southold . Dear Ms. Doherty, This Firm represents Mr. John Nickels, who,resides in Beixedon Estates and received various Notices in connection with the proposed Wetland Permit Amendments referenced above. I understand that each property owner proposes to replenish a beach area with 400-500 cubic yards of sand which sand would be substantially'placed on top of the existing toe armor installed along the continuous bulkhead line. I also understand that the deposited sand would be monitored by the NYSDEC and a private consultant representing the property owners. I presume that the purpose for monitoring of the deposited sand is to determine whether or not the sand remains over time and, if the deposited sand it is lost to storm erosion, where it settles out. It is in the latter that I suggest that a marker be introduced into the deposited sand so that lost sand can be tracked in the field. Jul 20 11 01: 53p p,2 2 Sincerely, Bruce A.Anderson Cc. J. Nickles Joy Alessi 620 Rogers Road Southold,NY 11971 July 20,2011 _ n� Board of Town Trustees V Town of Southold 53095 Main Road JUL 2 0 2011 Southold,NY 11971 SouthhoId Town Board of Trustees Dear Members of the Board, I am a Beixedon Estates resident and am writing to you regarding Pertnit#469B. I am asking you to vote favorably for this permit which will begin a much needed program to restore our community beach. As a Trustee of the Community Association,I and the other Board members have worked with the town and the DEC to alleviate this erosion problem_ The increased flooding of the wetlands adjacent to Hippodrome Pond has raised the water table in my back yard to the point of instability to the supports of my rear porch. Thank you for your attention. Si , Alessi 6'd 8b98£ti9-8 6L-6+ dOd V'V'V eLg:6 6 6 6 oZ Inf 1 I EMPORTANT FAX Lf' f gu WHI,UM FRANK 1225 Arshamomaque Ave. , JUL ^ Southold,New York 1.1.97X 516-31.7-6509 Mobile !: wfrankl(a),,earthlinknet ""soUttrpo►d �o , 'DATE: 7aO/2011 TO: SOUTSOLD BOARD OF TRUSTEES DEAR MEMBERS OF THE BOARD, I AM wRITING To You To EXPREss surro 'H'or PERMIT#469&I UNDERSTAND THIS TOPIC WILL COME up AT THIS EVENING'S MEETING.THE PEOPLE OF BEIXEDoN ARE WORTMG TOGETHER TO RESTORR'H`W WACIL MY FAMILY)HAS A HISTORY IN SOUTHOLD DATING BACK TO THE 30'S WHEN MY GRAND PARENTS LIVED IN MA.TTITUCK.THEY OWNED AND OPERATED THE OLD MML INN WHICH STILL STANDS TODAY. WE HAVE OWNED OUR CURRENT PROPERTY THE BEmDON AREA FOR ALMosT 30 YEARS.AS A FAM MY,WE HAVE LONG ENJOYED THE PRISTINE NATURE AND WONDERFUL BEACH AT THE sinew OF THE ftco IC BAY. IT IS SO UNFORTUNATE TUAT IN RECENT YEARS THE BEACH HAS SUFFERED REPEATED STORMS AND SUCH DEVASTATING EROSION. WE GREATLY APPRECIATE YOUR ASSISTANCE IN APPROVING THIS PERMIT SO THAT THE BEACH CAN BE 11E8I RSIE.THIS 18 CRITICAL TO THE ALL THE PEOPLE OF OUR NEIGHBORHOOD. THANK You. �tESI'ECTI+iTLI.X, WHIAAM FRANK July 19, 2011 Board of town Trustees - Town of Southold 53095 Main Road Southold, NY 11971 0 L 1 9 2011 .E Fax#631-765-6641 �- g��tno��;own B_Sard} of T�ust°es�- - Regarding Permits 469, 469 B, and 4138 Dear Members of the Board: I am the most recent past President of the Beixedon Estates Association Inc. serving the community from July of 2009 until June of 2011. 1 am writing to you to request your approval of the Permit#469 B to help restore our neighborhood beach by Arshamomaque Ave. This permit is being applied for on behalf of the Beixedon Estates Association Inc., along with other Permits (469 &4138)for the homeowners with bay-front property(Ball, Latham, Illbasi, and Kuchner). As you are aware, there has been accelerated erosion of the beach shoreline over the last few years. This erosion is threatening the homes along the bay, and has all but eliminated the community beaches for which Beixedon homeowners have deeded rights. The community has come together in an effort to restore the beachfront shoreline. As a community, we want to preserve our quality of life, the enjoyment of our homes, as well as restore our property values. This restoration approach will provide for these goals. Please approve these Permit requests. I appreciate your attention to this matter, Sincerely, Howard Kalman Beixedon Estates 235 Rogers Road Southold, NY 11971 TO 39dd NdW-1VA N3H1S3 :PI-10S V9109BV919 9S:Z6 9661/16/90 From:THIRD AVENUE MANAGEMENT 07/19/21111 07:28 #441 P.002/002 Michael Warlan EBOard 9 2011 595 Rogers Road Southold NY 11971 ld Town Trustees July 18,2011 Board of Town Trustees Town of Southold 53095 Main Road Southold,NY 11971 Dear Members of the Board: I am writing in reference to Permit#469B.The permit is being applied for on behalf of the Beixedon Estates Association Inc.,along with community neighbors Ball,Latham,Ilibasi,and Kuchner. The applicants of the permit are aiming to restore and reverse damage caused by a significant amount of beach erosion that has occurred over the past few years.This erosion has been severe and accelerated,and there are concerns that the damage to property may worsen. The property owners,as well as members of the community have been working together on a 'constructive way to deal with these issues.As Association President and Board Member I have been involved in recent strategy to help satisfy our neighbors concerns regarding erosion. It seems that the proposed measures are a good solution in trying to address the problem. I would ask that you approve the permit for our neighbors and the community members so that we may save our property,as well as the beach that we all find vital to our homes and their value.We look forward to the town's continued support in preserving the quality of life we have all come to enjoy in Southold. ;Best r4arlan , Mic el W Jul 14, 2011 Board of Town Trustees Town of Southold P.O. Box 1179 Southold, N.Y. 11971 Gentlemen I am writing is support of the Beixedon Estates Association Permit (Amendment to Permit #469B) which would replenish our beach with approximately 400 cu yds of sand. The beach is in need of restoration and this would be a good start. Thank you very much for your consideration. Respectfully yours uis F. - - illiams +� E C - Beixedon Estates _-- 1210 Arshamomaque Ave P.O. Box 1087 J U L 15 2011 Southold, N.Y. 11971 f Southold Board of Trustee 1/2 1 TON STONE RIP PLACEMENT LAN FOR OF �, END OF ARSHAMOMAQUE LANE a 0 ' BEIXEDON ESTATES t� MAP OF �1 I Ifi BLOCK 7 i SITUATE L°z 0�o1/E,,1,�0 SOUTHOLD APPROVED Y TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK BOARD OF TRUSTEES S.C. TAX No. 1000-66-02-66 15 / SCALE 1"=40' TOWN OF SOUTHOLD /' MAY 14, 2010 DATE / // �Q /' s AREA = 19,282 sq. ft. (TO BULKHEAD) 0.443 ac. �1 �s s sue, 0 � LOR NOTES: F � 1 . ELEVATIONS ARE REFERENCED TO HIGH WATER BEING ELEVATION 0.0' 8 �' EXISTING ELEVATIONS ARE SHOWN THUS: 5.0 9)�, `J' uNAUIINOR2ED ALTERAnoN OR ADDITION TOP OF BULKHEAD �� To THIS SURVEY Is A VN of SECTION 7209 OF E NEW NEW P YORK STATE BOTTOM OF BULKHEAD EDUCATION LAW. RIN T.J. — TOP OF JEfil' ���+ COPIES OF THIS SURVEY MAP NOT BEAMING j rl �Q THE LAND SURVEYORS INKED SEAL OR S.°; EMBOSSED SEAL SHALL NOT BE CONSIDERED F-r Jy� _ ��Q`t' TO BE A VAUD TRUE COPY. CERTIFICAMONS INDICATED HEREON SHALL RUN -I- ..' ,,,,ppQ" R`(- ONLY TO THE PERSON FOR WHOM THE SURVEY v1 spy• �,P IS PREPARED.AND ON HIS BEHALF TO THE - C` ,�EL TITLE COMPANY.GOVERNMENTAL AGENCY AND j�' p 3>•P LENDING INSM'UTION LISTED HEREON.AND O TO THE ASSIGNEES OF THE LENDING INSTI— TUTION.CERDEICATIONS ARE NOT TRANSFERABLE THE EXISTENCE OF RIGHT OF WAYS AND/ R EA OSEMENTS OF RECORD, IF ANY. NOT SHOWN ARE NOT GUARANTEED. PROPOSED CROSS SECTION OF -" v��� h 6O O PREPARED IN ACCORDANCE wrtH THE MINIMUM RIP RAP PLACEMENT a S STANDARDS FOR TITLE RD SURVEYS AS D ADOPTED O i/ 7pE NEW AND AM LAN y100 ..ice + �_ SUC 115E;i B'r: NEW PORK STATE IlWD SCALE 1 " = 10' �ry° � - �cOEIJ�y �„` C 'u `t\ � t �OYz7 a 111 i �1� E PROPOSD RIP RAP G��P �3 (1/2 TO I TON ROCK) H16H WATER � �QpSi ( N.Y.S. Lic. No. 50467 LOW WATER 0 Natha"- tom Corwin III EXISTING BULKHE Land purveyor Title Surveys — Subdivisions — Site Plans — Construction Layout PHONE (631)727-2090 Fax (631)727-1727 Omms LOCATED AT MAILING ADDRESS 1586 Main Road P.O. Box 16 Jamesport. New York 11947 Jamesport. New York 11947 ��QgpFF04cO Gs Peter Young,Chairman y Town Hall,53095 Main Rd. Lauren Standish,Secretary y. P.O.Box 1179 G Southold,NY 11971 Telephone(631)765-1892 Fax(631)765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., July 13, 2011, the following recommendation was made: Moved by Derek Bossen, seconded by Audrey Horton, it was RESOLVED to SUPPORT the application of BEIXEDON ESTATES ASSOC., INC. to Amend Wetland Permit#469B to replenish the beach with approx. 400 cy of sand. Located: R.O.W. Arshamomaque Ave., Southold. SCTM#66-2-47 Inspected by: Derek Bossen, Audrey Horton The CAC Supports the application with the Condition the beach, approx. 15' in width, is planted with Cape American Beach Grass to protect the shoreline. "Vote of Council: Ayes: All Motion Carried �SUFFOL j. Jill M.Doherty,President P.O.Box 1179 Bob Ghosio,Jr.,Vice-President Gy2 Southold,NY 11971 James F.King ti Telephone(631 765-1892 Dave Bergen W � Fax(631)765-6641 John Bredemeyer y Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: BEIXEDON ESTATES ASSOC., INC. requests an Amendment to Wetland Permit#46913 to replenish beach with approx. 400 cy of sand. Located: R.O.W. Arshamomaque Ave., Southold. SCTM#66.2-47 Type of area to be impacted: _Saltwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: _Chapt.275 Chapt. 111 other Type of Application: Wetland _Coastal Erosion _Amendment _Administrative_Emergency Pre-Submission Violation Info needed: 7 Modifications: Conditions: 0((x)6v�" /J. l V �r. PreTen Were: J. Doherty B. Ghosio J. King Bergen, J. Bredemeyer D. Dzenkowski other Form filled out in the field by Mailed/Faxed to: Date: �La%ofF01 eok Jill M.Doherty,President -' Town Hall,53095 Main Rd. James F.King,Vice-President . P.O.Box 1179 Dave Bergen �r, ` Southold,NY 11971 Bob Ghosio,Jr. Telephone(631)765-1892 John Bredemeyer ¢� �' 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 $O SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction., hay bale line 1 st day of construction % constructed _// Project complete, compliance inspection. Jill M.Doherty,President *0 SO!/r Town Hail Annex 0 James F.King,Vice-President ,`O l 54375 Main Road O P.O. Box 1179 Dave Bergen Southold,New York 11971-0959 Bob Ghosio,Jr. N �r • OQ Telephone(631) 765-1892 John Bredemeyer Fax(631) 765-6641 � COUNT`I BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD June 16, 2010 Mr. Howard Kalman, President. Beixedon Estates Assoc., Inc. P.O. Box 1432. Southold, NY 11971 RE: BEIXEDON ESTATES ASSOC., INC. ARSHAMOMAQUE AVE., SOUTHOLD SCTM#66-2-47 Dear Mr. Kalman: The following action was taken by the Southold Town Board of.Trustees at their Regular Meeting held on Wed., June 1.6, 2010: WHEREAS, Howard Kalman on behalf of the BEIXEDON ESTATES ASSOC., INC. applied to the Southold Town Trustees for an Amendment,to Wetland Permit#469B under the provisions of Chapter 275.of the Southold Town Code, the,Wetl.and Ordinance of the Town of Southold, application dated April 29, 2010, 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, in accordance with Chapter 268, said application was found to be Exempt from the Local Waterfront Revitalization Program policy standards, 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, z RESOLVED, that the Southold Town Board of Trustees APPROVES the Amendment to Permit#469B to install rip-rap '/to 1 ton stone armor in front of the existing bulkhead, and as depicted on the survey prepared by Nathan Taft Corwin III dated May 14, 2010. This is not a determination from any other agency. Sincerely, Jill M oherty, Presiden Boar of Trustees JMD:Ims Jill M.Doherty;President H Town Hall,53095 Main Rd. James F.King,Vice-President µ. P.O.Box 1179 Dave Bergen , ► Southold,NY 11971 Bob Ghosio,Jr. /a � Telephone(631)765-1892 John Bredemeyer Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: Do Please be advised that your application dated L4 aoi to has been. . reviewed by this Board at the regular meeting of\010 kl(N 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) 1St Day of Construction ($50.00) 'h Constructed ($50.00) Final Inspection Fee ($50..00) Dock Fees ($3.00.per sq. ft.) 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: 1 � q TOTAL FEES DUE: $_ � (�, no 00 BY: Jill M. Doherty, President Board of Trustees 1 - OgppFO[,� .Jill M.Doherty,President Off' CQG P.O.Box 1179 James F.King,Vice-President �� y� Southold,NY 11971 Dave Bergen GPTelephone(631)765-1892 Bob Ghosio,Jr. ,y Fax(631.)765-6641 John Bredemeyer y Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: BEIXEDON ESTATES ASSOCIATION, INC. requests an Amendment to Wetland Permit#46913 to install rip-rap '/2 to 1 ton stone armor in front of the existing bulkhead. Located: Arshamomaque Lane, Southold. SCTM#66- 2-47 Type of area to be impacted: o Saltwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland Z Part of Town'Code proposed work falls under: ✓Chapt.275 Chapt. 11111 other Type of Application: 'Wetland _Coastal Erosion _Amendment Administrative Emergency Pre-Submission Violation Info needed: Modifications: r o Conditions: �sT 6- ;Laa ��lid/✓ r'S-' � � S/'� c,��' Present Were: _.Kin_ g _J.Doherty 6-1: ttredemeyer D Bergen. B.Ghosio, D. Dzenkowski Wither Form filled out in the field by ; Mailed/Faxed to: Date: k g%)FFDt�.C�� � s Peter Young,Chairman ti Town Hall,53095 Main Rd. Lauren Standish,Secretary u. P.O.Box 1179 CO ' Southold,NY 11971 Telephone(631)765-1892 Fax(631)765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., June 9, 2010, the following recommendation was made: BEIXEDON ESTATES ASSOCIATION, INC. to Amend Wetland Permit#469B to install rip-rap 'h to 1 ton stone armor in front of the existing bulkhead. Located: Arshamomaque Lane, Southold. SCTM#66-2-47 Inspected by: Audrey Horton, Doug Hardy The CAC determined that there is insufficient information to make a final recommendation. There is an indication that an environmental impact statement should be developed addressing the impact of the existing jetty and public access. j l AiA o 4� ei w�'Aim ow Assoc' afion, � d 4/28/2010 17.54.16 1 of 1 P � o f f. ` a 4' � ` y R 41 APP t &ix,ejon 4/28/2010 17:53:37 1 of 1 i ew...Xnrk.: Late Dep�rfinent.of-nv r6t1merkt41-:Cgtasery lion:" Rutidir� ;49- SU.NYx Stony`.Brook,,NQw YR!k 117g+ C -5.1.6eT - AtuENbMENT.TU"PERMIT Thoinis'C.Jotrling . : --Former Commissloner Permit (if any) : . :- - :Owner: X-2e��1' � •1�?�Uci.��. RE: Permit NO._' & Locat:ion:'Q 64 17-6 -; ::Dear. �`. _ .:. . :. -- .. :_. • . - - - --- - . .- :,• - - �/ -- Your. .,r@pept. :f.eguiest 'to .extend the above pe' rinit has "been •rev'l.ewed pursuap.t• to 6N)(CRR, Part: 621. It .has. been dete•rmined.'•that �bpre has not- been.•,a:ia4.Car.iai:.cha_ nge in environmental conditions; relevant- teohriol' .or. a�pplicabl. a law•'or' re-gulat.ions .since" the issuance .o.f the existing permit; a°he.refore, :the expiratibn date 'is extended to 'Your recent _request -to .modify the above• permit has• been reviewed. t pursuant to (NYCRR.;-.Part .621; It:.has •been dete•rmi•ned that the proposed modil cations- will: not substantially•Charxge 'the scope_ of the permitEed actions: 'or the .existing- permit conditions.'. Therefpr:e.,:_ t-he. :permi,t is amended to authorize:. .� • ��;a.#-�•��'t- � ..•�3` b�.lAl��.�.�� •:�t.��P-ems "�s;�;:t�. �,�,.� •= • -R- . Y'.2v[c u SL - �•U� . �7i�4.C�2N�.��i4C r � �'��c�.r ,-,.�1 r``.F'r r.S v• ��1. 7-�lJ. This--'letter ..a5..a-n :amendment to the original permit and -as -such, shall be .. :.. poste6.-at _the.`Job -site. A11 'gt'lier terms" arid- conditions-.remain as written in -the .original-permit, Very.-truly yours, . Deputy Regional Permit Administrator �iP. e TOWN.OF SOUTHOLD.- i;•..BQIkR1D';Ol= SO::UTHA:LD:T.(glq.N;T:R.UST.rES•'.. O.tYTiiOtrD,,NE11U;XOR•IC WEtIAND$'PERNt1T' "This Wetlands Perti�rtNo. �6 B has-k�eenC rartt�d::by°the:;,Towri:T.ru,stees>::;-;acFording to . :.r.:.. .,.:. ........ ar` = ':":'T. Ve Pre. ±:Mare' ers.'- inforriiatiofiSf[{rnishedarisApplig op�No;�_r' .2ia. Beixedorir Rstates::Fss Au g2'' '$� se v�oF 'will be ke: t:,: .@i�:=.;=i g: 99. Q.ma 'of tfie.propo d k P on filafnafie'T:rustee: Q'ffi.ce `.;under rtherapplication_nutk�4.er.:given:`;....;`.:;::;>;...;;.•:':.,:. ;,`' Ber it rarited.to:dorthefolFow.in work;�o�.ci3is•Ei+t�:cti�a_:�3f�abt�lk'li'ead:aittT turn ;and•to.a_nsfall^dry wails to goint in.,run,,:of isarirha ei ciiatile stiairs. li..:: �. ... ;.r..... ::}:. qot'pf%'ARffip�airier ve:dive„ Southold. Location.nf?propegy`or:wFiicla..workt4 beddnr.:.: :,.. g....:................................: ;, .:.. Creek-,.Bay or.Harborfronting property .. „Southold,Bay , Size ofvvork: Length....33 .with 10+/.:..rettYn......................... ' ................................................ Width ......::............... : Height.Abov.e High Water ..............:.... Depth Below Low Water ...:................. .....:..: :..:...................... Yards-to be Excavated..... ................ ...... ... Yardsto be Filled ................................................................................................ Man nerin..which:mate rial is to be removed or deposited :.:...........: Intended use of property.: Residential Conditions if any.,Dry wells are„to be installed„to;contain run off. (2!!:rainfall) Expiration Date ,,.T..xo Years' from .the date the germit is„signed;,,, Number of'Inspections Required....,..,Trustees are to ..e notified upon com�letio of the ........... .... work. Inspection Fees. ----r----`_--`-- Liability Policies in the Amount,of .........'............................................................. ......... The validity of this permit is or may be subject to the approval of other governmental or municipal authorities. The Town accepts, no responsibility in applying for or obtaining such approval: In the event that such approval'is-necessary; the holder of this permit shall not commence operations here under until such approval has been obtained in writing.The failure to obtain-such other approval when: required shall subject this permit to immediate revocation by the Trustees upon'receipt by the- Trustees- of written notice from•such other governmental or municipal authorities.'of its refusal or. disapproval. e E„°,.tea. —. -- „e.e., ezn r„ 0 .._.. � •�- • Yfx,aN�,uT�„�. N.a:, �' .:?. greii _ - _ ti�.. n a-1r.mTms�._.im>mreN-�rt"o .•y,SE:'r R�edn-Pryro'Gpnerretr y xRas._..r..vN®l�m— cY.e 1A19gate ncy. g :Ou N ji. ,aa SO_O O'_ _ i4P ORO P6ER C5TY 1 YMa1 Ni1N6Aa�iSf4i6F is°a i'"" �r t .;:� �b to S � 36-OS-OOS.I SS T !J/�U TS1lU NSA F 55°' °y 5ts f 5 �P SAlitl N°� '5 i e e ei2\a 1Af1U 1JIIU �� 5'L. \ 2 u r e ef•-J' aye • �6\ q e s _ COUNTY OF SUFFOLK QC [ 10 a SOUTHOLD NOTICE gency SECTION NO E —�— 21� O —_ —_ __ a Red Property Tax Service A r r a 066 Lainh Cantor PovvlmogN T ll901 u �� —�___ o —_ —_ _-°—_ taf SYiNlCNNR TY.Y1P6vpdmlFN SUIT NSFFS� N!ne ^^ " —_ m..,u+--•.-- :�..Y. um� fmon•wrla fvarssa ar TK .�s u �.= p ��p 1000 PROPERTY NM N! O�e. a o.... Iat um or vu x.,u. r..o.,a.m r ••,••�• • "' �Nlwemr Tfx zmuF irnar. James F.King,President ��Of S�U)yO Town Hall Jill M.Doherty,Vice-President �O 53095 Route 25 P A.Dickerson P.O.Box 1179 Southold,New York 11971-0959 Dave Bergen CA John.Holupfel Telephone(631)765-1892 Fax(631)765-6641 ]BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD APPLICATION FOR AN AMENDMENT TO A WETLAND PERMIT i DATE 11� lt �[ L JUN 2 2 2011 �4 OWNER BetXec(on k-6ktks PHONE (03I!- 7' `�' 3 ,',T,:;- ,r of I Si �a l 3 �ou. ADDRESS �Q � 2 '�'1t'31�`-_���. AGENT PHONE C4�— ADDRESS PROPERTY LOCATION uac4 WAy- amawou I; TAX MAP NO. 5C:1rM4&&-Z-4 j { /We $� bLdaues-t an Amendment to Permit.#t4Lq-3 to h l*; b c3 &)rvnr 00 Rej>fen faA �eci c1 uu Xh ate�mx tma� �®0 c u 5. o� Sar i n Qccor cxnce w i+h `DEC e�i 'cam--t s l n -his ,rrrn '. Signed By: �/�ts ►� r`x-ern �s��.�f�y 'OC. Sic, �Nt I Jill M.Doherty,President ti Town Hall,53095 Main Rd. Bob Ghosio,Jr.,Vice-President M. P.O.Box 1179 James F.King off, • 'Z`' Southold,NY 11971 Dave Bergen �J Telephone(631)765-1892 John Bredemeyer O� y`� Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD --------------------------------------------------------------- In the Matter of the Application of BEIXEDON ESTATES ASSOC., INC. COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, VIM t, residing at/dba r /K? l being duly sworn, depose and say: That on the ./9day of I k-t , 2011, I personally p�ted the property known as 60W*MV i y� At-&T 0/ by placing the-Board of Trustees official poster where it can easily be seen, Ad that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held Wed July 20 2011 on or about 6:00 PM. Dated: (sign re) Sworn to before me this l��d`ay ofJ—t,-20 f/ Notary Public BETH CONNOR NOTARY PUBLIC, � tate of Newyork Nc.® `t&3'7 Qualified omm ss in New on Expir York z Sun_ i I PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name:. Address: SCT►M y=ho✓ p-b�ira-�nll i7p °X 17b� , Scyuo Seri+ $-7-1 S alk, N '�: JIQ-tl Tb 3®"Z EP JUL 1 3 2011 Bc3 rd�of1'Tresie s STATE-OF NEW PORK COUNTY OF SUFFOLK \L1kfl fR residing at, S5'� �o6�cS � �xR+-r 4 JI 9�/ being duly sworn, deposes and says that on the day.of y��/ ,.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 name's of said persons are the.address of said persons as.shown on the current assessment r 11 of the.Town of Southold; that said Notices were mailed at.the United States Post. . Office at � -�. ANY , that said Notices e ailed t eac of said persons.by (certified) (registered)mail: Sworn to before me this Day of \�7�4 20_L Notary Public UPWA.hL vrrALE 'lam PtVc, State of 54 w York Qualftd in Queens county -C�e�s�i Expires August 11,2 s�G lk State Department of Environmental Conservation ,! of Environmental Permits, Region 1 a) Stony Brook cle Road, Stony Brook, NY 11790-3409 ,rie: (631)444-0365 - Fax: (631)444-0360 ebsite: www,dec•ny.goy Alexander B. Grannis Obiection/Modification Letter commissioner September 7, 2010 CA ��` Beixe'don Homeowners Association, Inc. ac(b P.O. Box 1432 Southold, N.Y. 11971 Attn: Mr. Howard Kalman E ; Re: Application-#1-4738-03959/00001 R.O.W. Arshamomaque Ave., Southold, N.Y. ;j JUL 2 0 2011 E.. SCTM#1000-66666 � I ,l Southold icwn Dear Mr. Kalman: Board of Trustees The Department of Environmental. Conservation (DEC) has evaluated your application fora Tidal Wetlands permit to.construct a rock revetment/rip rap seaward of the bulkhead: We object to your proposed rip rap structure;because it fails to meet.the standards for permit . ,issuance listed.in the-Tidal Wetlands Land Use Regulations [6NYCRR Part 661.9(b)(1)(i)] as outlined below. DEC finds that the proposed.rock revetment does not comply with the use guidelines listed in the Tidal'Wetlands Land Use Regulations [6NYCRR Part 661.5(b)(29)(30)]. The proposed rip rap placed seaward of the mean high water will result in the loss of salt marsh habitat via filling of approximately j 500 sq ft of tidal wetlands. In addition,this parcel never had a permit for the rock armoring initially, thus any rock that is there now is technically a violation. Wt are suggesting an alternative. Remove the existing stone and store it upland while you apply for -a.beach.renourishrnent project.. (Please note: If the rock is.to be stored to the east, then we would 'I new:surveys'show.that the mean high water has shifted back several feet seaward of the bulkhead, then..we will consider.a single row of stone to protect the bulkhead if it is still necessary. i If you are still interested in pursuing this permit,then please submit 5 copies of the new plans for beach renourishment.. If you should have any questions please call either Rob Marsh or Alexa Fournier at 444-0275. Sincerel ' I MarAAacKinnon Agency Program Aide I cc: Habitat-TW, File,6WN '. i ears of stewardship 1970-2M • I A State Department of Environmental Conservation n of Environmental Permits, Region 1 a� Stony Brook /cle Road, Stony Brook, NY 11790-3409 tabooI me: (631)444-0365 •Fax: (631)444-0360 l /ebsite: www.dec.nv.gov Alexander B. Grannis Obiection/Modification Letter commissioner September 7, 2010 Mr. Thomas J. Ball PO Box 1708 I, Southold, N.Y. 11971 Re: Application #1-4738-00148/00003 1890 Arshamomaque Avenue, Southold, N.Y. SCTM#1000-66-2-46 Dear Mr. Ball: l The Department of Environmental Conservation (DEC) has evaluated your application for a Tidal. Wetlands permit to:construct a rock revetment/ rip rap seaward of the bulkhead. . II We object to your proposed rip rap structure because it fails:to meet-the standards.for permit issuance listed in theTidal Wetlands.Land Use Regulations [6NYCRR Part 661.9(b)(1)(i)] as outlined below. 9 DEC finds that the proposed rock revetment does not comply with the use guidelines listed in the Tidal.Wetlands Land Use Regulations [6NYCRR Part,661.5(b)(29)(30)]. The proposed rip rap placed seaward:of the mean.high.water will result in the loss of salt marsh habitat via filling of approximately; 500sq ft;of tidal wetlands: In addition, this will interfere with public access of the beach. We are: uggesting.an alternative. lRemoVe the existing stone and store it upland while you apply for a:beach renourish.ment project. Once new:sand is placed, and new surveys show that the mean.high,. water has.shifted back several feet.,seaward of the bulkhead, the old rocks may be re-set in a single =41-OR filter fabFiG at the base ef the bulkhead. This sheuld Be,V., L%J CUITIor the tee again�t futtll� ;erosion.If"you require further protection.of'upland property then a--new bulkhead with deeper -sheathing.and piles maybe. installed in place of the existing bulkhead. If you are still interested in pursuing this permit; then please submit 5 copies of the new plans for. beach.,renourishment If you should have any questions please call either Rob Marsh or Alexa Fournier at 444-0275. Sincerel Vla MacKinnon 4gency Program Aide X: Habitat-TW, ile W W i �ears of stewardship 1970-2010 Ecological Science for a Changing World June 16,2011 Memo to: Beixedon Estates Association From: Dr. R.W.Abrams,CEP Re: Progress on Plan for Beixedon Estates shorefront stabilization Dru Associates, Inc.has been engaged to resolve the need for beachfront stabilization along the shoreline of Beixedon Estates. Based on background research in October and January, it has been decided with NYS DEC that the approach to resolving this case is a two step process. It is important to establish some facts at the outset The eastern portion of the site along the existing bulkhead is the,area of initial concern because any sand re-nourishment in the western section can only be stable if the eastern-most scour forces are controlled. At present,the mean along the bulkhead, amplifying the forces removing sand. Real high,water line scours at and. stabilizatio .requires a stable shoreline at the bulkheads first, and then beach re-nourishment has a chance to succeed. . . Accordingly,it is the DEC's position that the tidal wetland line as established in 2008 on a survey by Nathan Taft.Corwin II is the mean high water line as of 2008- Re-establishing this jurisdictional line requires raising the sand elevations along the bulkhead by up to 2 feet This position is taken because,through permits from the Town and DEC,the bulkhead was intended ; to be protected by a line of boulders:set upon the sand elevations that existed before changes to the shoreline occurred. These changes occurred after the extensiontrehabilitation of the jetty/groin now located to the east of the Creek_ �( In other words, the DEC recognizes that those changes affected the beach,removing sand at a faster rate than would have occurred without the changes, and that this dynamic condition 1N,D ti resulted in the sloughing of the stone armor.as sand was washed from beneath the stone. Accordingly, and as expressed in a letter from DEC to applications for replacing the stone,the N t� DEC wants that 2008 tidal wetland line re-established by bringing in sand all along the bulkhead �A 40 Hitching Post Lane,Glen Cove,New York,USA 11542 516 676-7107 Beach Rd.,Empire Flats,Apt 5002,Muizenberg,7945,South Africa +27 21 788 4246 Mountain Ponds,24 Eagle Drive,Wilmington,VT 05363 _ I 'i Ecological Science for a Changing World I to the point where stone was originally permitted. Then, the stone is to be repositioned to protect the bulkhead. In a series of exchanges with DEC staff,it has been:agreed,and a permit has been issued for replacing the sand and stone along the bulkheads to the conditions approved in prior permits. This work is entirely by the owners along the shoreline and would be required before any new permits or solutions can begin for the broader issue of maintaining a useable beach. �!6 p Once this rehabilitation of the shoreline along the bulkhead has been accomplished,DruA-S� I Associates has been.asked-by DEC to install staff gauges(Task 1)to monitor the movement of sand and report to DEC(Task 2). It is Dru Associates opinion from field work to date that the sand is actually not moving far from`home',but rather is spreading out seaward to shallow the whole.shoreline. It is DEC's position,.and Dru Associates concurs,that the continual movement of sand is an adverse impact to the nearshore ecological conditions_ This continual sand loss is also.a threat to shoreline stability and is clearly not acceptable to the Beixedon Estates beachgoers: Moreover, NYS.DEC does_not believe that yearly sand replenishment is the best solution;for the'environmentor the landowners. Therefore,if the staff guage monitoring confirms:.that;the.•nearshore water Mows will continue to remove sand,at a high rate,DEC is prepared to negotiate with Dru Associates(Task 3)over a more permanent solution. It has been noted,that historic structures,once helped this shoreline,.and now that all of those conditions have changed,to;the detriment of the shoreline,it may be necessary to reconstruct some form of protection,,with new permits from the agencies(Task 4). That decision will follow the first stage;restoring the 2008 elevations,and monitoring the results. . 40 Hitching.Post Lane,Glen Cove,New York,USA 11542 516 676-7107 Beach Rd.,Empire Flats,Apt S002,Muizenberg,7945,South Africa +27 21 788 4246 Mountain Ponds,24 Eagle Drive,Wilmington,VT 05363 �7[d�QdaCIQ�Prd, %KG. Ecological Science for a Changing World Future Association Consulting Tasks and Costs Estimates Install staff gauges(Task 1)to monitor the movement of sand(Task 2), and to seek a long term solution and obtain permits for same. Tasks Description Tirnef ww Costs Task 1 Install staff gauges Summer2011 $1,650 Task 2 Sandpermit' application Summer 2011 $5,000a Task 3 Monitor gauges Summer 2011-2012 $2,500 Task 4 Research permanent solution I Fall 2012 $4,500 Task 5 Structure permits Winter 2012-13? $8,250 a. This fee would cover re-applying for the sand permit already on record,making use of - the existing record to request continuation of a prior permit. . b. These costs do not include multiple hearings or appearances at the Town Trustees, a process which,can be onerous if opposition exists that cannot.be.negotiated reasonably. . Please understand, these estimates are made without knowing if the agencies will require any complicated analyses. These estimates are based on using historic aerial photos,coastal surveys . already on file with NOAA and the State,and our general experience with shoreline'work for Task 3,but additional costs may become necessary.. If so,Dru Associates would recommend to the Association that they apply for(with our Help)a US EPA Technical Assistance(want(which Dr. Abrams has obtained for such groups as the City of Olen Cove Environmental Task Force), which enable`a homeowner group to hire experts in cases that merit such efforts..These grants are not available for the early'stages of this work,but if the sand monitoring demonstrates.that . the beach erodes every year,and if DEC agrees with the report of the monitoring(Task 2),then a grant may be possible. 40 Hitching Post Lane,Glen Cove,New York,USA 11542 516 676-7107 Beach Rd.,Empire Flats,Apt S002,Muizenberg,7945,South Africa +27 21 788 4246 Mountain Ponds,24 Eagle Drive,Wilmington,VT 05363 Ff Liz C-id � A�k r,CA 4 all l to DEPARTMENT ENVIRONMENTAL CONSERVATION - (D.E.C.) 1 SUNY STONY BROOK - 50 CIRCLE ROAD - STONY BROOK, NY 11790-2356 ATT: MS. ALEXA FORNIER - MARINE HABITAT PROTECTION DATE: AUGUST 25'" 2010 CC: ROB MARSH— MARINE HABITAT PROTECTION / ROGER EVANS - REGIONAL PERMIT ADMINISTRATION / MARY MACKINNON - PERMITS DEPARTMENT RE: REQUEST FOR AMENDMENT TO WETLAND PERMITS #469 -:homeowners- . . (KUCHNER,,BALL, ILIBASSI) ; PERMIT#4138 —homeowner-(LATHAM); PERMIT# 46 i 9B .- homeowners association name:of "BEIXEDON ESTATES , .m the :ASSOCIATION INC.". (,.*..NOTE THIS SUFF.OLK COUNTY TAX MAP;# 66-247 TAX I;D; CURRENT,OWNER.OF RECORD IS- ESTATE OF GRACE R.,NICKLES C/O.JOHN . NICI(LES EX.ECUTOR. ) THIS LAND AND SUBSEQUENT.. `W.ETLAND:PERMI.T',.IS NOT OWNED OR.SHOWN AS THE EXISTING SCTM ID OF RECORD -,NO.R.IS.THIS TAX'ID IN BEIXEDON S NAME - BEIXEDON ESTATES ASSOCIATION INC.,,IS A SEPERATE "HOM EON ERS ASSOCIATION FILED WITH A. NEW YORK,STATE . . ;CORPORATION - DATE INC. 9/19/1947, , MS.;FORN.IER,.,,BASED ON OUR.NUM.EROUS TELEPHONE CONVERSATIONS AND SUBSEQU,ENT.SITE VISIT WITH MR.`MARSH ALSO,FROM,THE. D.E.C. TO THE ABO.VE:REFER.NCED PROPERTIES ON ARSHAMOMAQUE LANE; BETWEEN ARSHAMOMAQUE AVENUE,TQ THE WEST AND ROGERS ROAD TO THE EAST- - THAT BEING "BEIXEDON_'.BEACH:A (rogers road) AND BEACH B (fronting arshamomaque avenue -.right of way—for ingress.and egress westerly portion . of BEACH B. I THANK BOTH YOU AND MR MARSH FROM THE D.E.C. FOR THE SITE ANALYSIS AND IN DEPTH PROFESSIONAL EXPERT ANALYSIS REGARDING THE CURRENT HOMEOWNERS ASSOCIATIONS CONCERNS FOR THIS ILL-ADVISED AND HAZARDOUS REQUEST TO "STONE ARMOUR" AND INSTALL "RIP-RAP" OF TO 1 "TON" STONE ARMOUR IN FRONT OF THE EXISTING BULKHEADS OF THE 1 ABOVE REFERENCED WATERFRONT HOMEOWNERS. AS WAS SEEN FROM YOUR VISIT AND SITE ANALYSIS THE EXISTING HOMEOWNERS `ALREADY' HAVE STONE ARMOURING AND THESE EXISTING BOULDERS ALREADY PROTRUDE UP AGAINST AND ARE SUBMERGED BELOW WATER DEPTH AT BOTH MEAN HIGH TIDE AND PROTRUDE INTO THE WATER AND ARE EXPOSED AND SUBMERGED BELOW MEAN LOW TIDE. FURTHERMORE, THEIR CURRENTLY IS NO SAND TO WALK BY OR THROUGH THESE EXISTING ROCKS AND BOULDERS; AT ANY TIME OF THE TIDE, NOR IS THEIR A BUFFER ZONE OF SAND OF 15-20 FEET. TO NAVIGATE THROUGH THIS.AREA EITHER BY FOOT OR ON WATER TO NAVIGATE -TO GET TO BEACH A TO BEACH"B IN ITS CURRENT EXISTING STATE. PLACING MORE ROCKS AND. "BOULDERS" OF A TON MORE ON EACH BULKHEAD WILL RESULT IN .MAKING THIS'A VERY"HAZARDOUS AREA AND UNSAFE FOR THE �. HOMEOWNERS ASSOCIATIONS CHILDREN AND ADULTS TO.USE AND ACCESS i THE.BEACHES IN ADDITION TO, RISKING BODILY.INJURY.,1 HAVE ENCLOSED FOR YOUR--REVIEW" CERT. COPIES OF. THE NOVEMBER 24, 1987� PUBLIC HEARING. � . <... .:MINUTES:CIF THE.T:OWN OF SOUTHOLDS TRUSTEES REGARDING THEIR INITIAL CONCERNS AND WARNINGS OF;THESE VERY ROCK REVETMENT PLACEMENTS. " `:'BY`THE'HO'MEOWNERS':CONSULTANTS, THAT BEING EN-CONSULTANTS.,"INC. ::.,'MR. ROY HAJE;.THEN,PRES. AND].QUOTE . "the bulkheads and-stone. .; revetment armouring~- ' will be considerably above the high Water line.,so that it will'orovide protection for storms. It wouldn't be touched really on a normal ; hi h`:tde area. We ut it back a considerable distance as a protected feature :" g p .' 'END QUOTE ! WHEN ASKED:BY-SOUTHOLD TOWN TRUSTEE BREDE.MEYER OF `::THETRUSTEES CONCERN 1 FOR THE LOSS OF PROPERTY AND BEACH SAND TO 1 MR.. HAJE REPRESENTING THE HOMEOWNERS (BALL, FREEDMAN/KUCHNER, AND:IL'IBASSI) AND [QUOTE "the lines that you had staked (300 linear feet of the 3 homeowners); seemed to have an awful lot of loss of property. The concern was, was it going to project a lot of wave energy if there is a storm?" TO WHICH MR. HAJE REPLIES AND I QUOTE " I don't think that it would be getting the toe scour." TO WHICH WHEN FURTHER QUESTIONED REGARDING THE BULKHEADING DISTANCE UPLAND AND THE SUBSEQUENT ROCK REVETMENTS TO BE IN PLACE ; MR. HAJE STATES AND I QUOTE " the revetments are fine, but the kids climb all over them.and get hurt, ankles, etc." END QUOTE . THE REASON I AM INCLUDING A COPY OF THESE HEARING MINUTES AT THE i INITIAL MEETING IS TO EMPHASIZE THE SCOPE AND ADVERSE IMPACT THIS "STONE ARMOURING " HAD DURING THE INITIAL ANALYSIS AND WARNING OF CONCERNS OF SAFETY AND BEACH EROSION THAT THE SOUTHOLD TOWN TRUSTEES HAD WHEN PRESENTED WITH THE 3 HOMEOWNERS APPLICATIONS FOR BULKHEADING. y �i FUERTHERMORE, THE HOMEOWNERS AS A WHOLE-THAT BEING —" BEIXEDON ESTATES`HOMEOWNERS ASSOCIATION "' MEMBERS WERE NEVER NOTIFIED . - EITHER BY LETTER; E-MAIL, TELEPHONE,"NOR BY SPECIAL MEETING AS IS REQUIRED.FOR. IN OUR CONSTITUTION, THAT AN AMENDMENT FOR A :...:WETLAND PERMIT WAS.BEING APPLIED FOR IN THE ASSOCIATIONS CORPORATE ' NAME. WHICH IS INCORRECT PROCEDURALLY AS PER THE SOUTHOLD TOWN f ATTORNEY'S''OF<FICE; ELIZABETH CANTRELL ESQ. ASSISTANT TOWN ATTORNEY. :.. ' FOR TRUSTEES AND LAUREN STANDISH, SECRETARIAL ASSISTANT TOWN OF SOUTHOLD, ON`,BEHALF.OF MYSELF AS A'PAST PRESIDENT OF BEIXEDON ESTATES '..HOMEOWNERS ASSOCIATION '2004-2006 AND ON BEHALF OF MR. TOM PETROSINO ALSO A PAST PRESIDENT AND NOW CURRENT BOARD OF DIRECTOR OF BEIXEDON ESTATES;`WE_ONCE AGAIN THANKYOU FOR YOUR RECENT SITE r .: ,: ' VISIT*PERTAINING TO THIS AREA AND MATTER AND BOTH OF US MEETING YOUR AGENCY IN PERSON. THE AMENDMENTS TO THESE WETLAND PERMITS AS REFERENCED ABOVE IN THIS WRITING ARE OF GRAVE CONCERN TO THE SAFETY OF THE BEACH COMMUNITY AND TO THE ALREADY HARDENING OF THE SHORELINE FRONTAGE. THIS APPLICATION WOULD FURTHER EXACERBATE THE ONGOING EROSION THAT THESE BULKHEADS HAVE BROUGHT UPON THEMSELVES SINCE BEING INSTALLED IN 1988. PLEASE SEE HEREIN INCLUDED ----- supreme court, Suffolk county memorandum----- Thomas Ball and Harriet Freedman (petitioners) against NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION and John Nickles; Beixedon Estate Property Owners' Association (respondents) INDEX NO. 03-29538 DATED APRIL 21, 2005 HON. PETER FOX COHALAN RULING FOR "RESPONDENTS" affidavit #15 and #16 / #16). "so, to the extent there has been erosion of properties to the west of Nickles'jetty over the last few years , the evidence strongly suggests that it has been caused by the deterioration of the existing jetty and the presence of bulkheads on the westerly properties. The fact that the westerly properties are bulkheaded has only accelerated the rate of erosion. / #15). In 1987-Petitioner Ball applied to the Southold Town Board fora permit to install bulkheads,on his property. At the time the Board specifically warned Ball that bulkheads cause loss of beach profile and.beach elevation. During the public hearing (for Nickles permit), -even Petitioner Ball and his,representatives agreed that bulkheads worsen erosion. PLEASE ALSO SEE "NYS.DEC" MARINE BIOLOGIST = CHRISTFRIED ARFSTEN--AT. THE BUREAU OF MARINE HABITAT D.E.C. — IN HIS AFFIDAVIT OF THE ABOVE REFERENCED.SUPREME COURT RULING page,no. 4 .....Arfsten also avers that based on a review of historical photographs and his opinions that ;the bulkheading at petitioners* (ball) properties interferes.with littoral drift, he concluded'#hat this bulkheading contributed to their erosion.. CLEARLY THIS AMENDMENT REQUEST,TO FURTHER ARMOUR THE BULKHEADED PROPERTIES WILL RADICALLY DEPLETE SAND AND HARDEN THE SHORELINE OF BEIXEDONS BEACHES. RESPECTFULLY REMAIN, JOHN G. STEIN vrau,nr m q water- hinged lain 5`cne:wesrern prop i neanors ss all'a' 1 .Eachy g g p ' erty line;47.7'of bulkhead will be recon- ued.uiolation. shall corisri i 3>161aiidaloafing dock 6'X 20 with. structed alon the.southern bulkhead ;te dd ti ualvi laton Ad- the-float secuied by up to four 8 dia line 96.2 of bulkhead'.;will be i•econ- }i heu of im osm the fine marine piles Located 975'Westview Dr structed along ttie,eastern biilkhead.line i, this section i i accordance Mattituck SCTM#139 1 42 Place approx 110;cy of filPlandward of i w 8 OS 5 th courtmav 5 MARG ABET BOBBINS CHAR the bulkhead to meet existing grad—.aqd PENTIER requests a Wetland Permit ;yplanr aRportion of the area with beach ry` defendan s to a an and Coastal Etosion Peinrt to construct 1 by+the court not exra +" 89 I£of 5 wide fixed ba[Cer braced wood `-fanon s aCTM#3 I8 10 bit Lane East e amount of the rent col pile and tunber pier with associated rails i e term of the occupan c ALL± BERSONS INTERESTED .., emedies t utrhties and ladders install five"batter IN SAID MATTERS SHOULD AP { riA braced tie off piles all wateiward'of the PEAR.PT THE<Z1ME AND PLACE building or structure is, apparent high water line Located East ABOUE'-SPECLFIED .'AND' Eructed'.reconstructed al- 1 r - End,-Fishers Island SCTM#315 s.i convertetl orzriaintamed G KARIVIGK GARIPIAN&i GIVEN Z%OPPORTUNITY'TO g ss-64 reoilandisused GARIPIAN:request'a:-Wetland Perrin BE":RE IEWED AND COMIVLENIS. k pursuant chapter or of any rePPLICAT' ION8 MAY g-' and Coastal Erosion Permit taconstruct ;.MAY,BE'SUBMITI'ED 1N WRITING _ ^' tcmed thereto m addi , an addition to'the existing dwelling re UP TO 24 HOURS PRIOR TO THE Iremedies provided by law' move existing westerly beach stairs and HEARING le action or proceeding i deck replace existing wood deck to al process of otherwise .111, on the north side of the dwahin gated May 27 2010 itedfor taken^toxprevent with avers+oirgrade add new viers on",, Jill IVI Doherty President 1 erection constriietron re?` grade co nortlieast ofre5i8ence exisfm $oard of Town Trustees t iG-1-on, repair convey plants along bluff to be removed and re 9797 1T 673 By`�Lauren M Standish nce or use or to`.restramj lanted�with beach grass=i5ocated'°54715 i l tte such violation or to Roti'e 48 SoutH6Id S — LEGAI NOTICE ;_ i CTM# Notice of Formation of cupancy of said building`{ 7 JOAN KUCHNEYt requests , r', Limited Liability Coriipany(LLC). iad or to prevent any it 1 Amendment ,o.V✓etland Permit#,469 to r; -Nanie:TABOR LAND;LLC . ii business or use mstall`iip tap i/z`to 1 ton`stone'armor m Articles of Organization.,.filed .with,. Wises I'? front of the existing bulkhead Located Secretary of State of New:York on May aBH gz Y '' 1726 'Arshamomaque Lane Southold t=2 2010 Office Location Suffolk Coun Se sentence, paragraphs SCTIvI#66 2-44 of this Local Law shah#;✓ 8 BARIBARA &THOMAS BALL ry any court h competent" , requests an Amendment to Wetland is des gnatedaas of entt of LLC upon e invalid the hi, I-,en t t Permit-#4ti tgynstal crap rapt'h to l ton gwkom process again tit may be served the valid-e of this law as stone armor in front of the,existing bulk tF ie Secretary"US"'tate of New fork shall ;part Ch'ereof other th n head LocatedAtshamom ue j ied to betunconshtutron ne Southo]d,SCTM#6G aqtail copy of process:to The LLC c/o the ' ' LCompany„645 Village Lane Oiient,New E 9 BRUNO 'ILIBASSh requests an I7ork 1f957. ' R'E DATE Amendment to Wetland Permit 469 to aw sfialh'take effect im?jl. install,ri7yi�z,Eo 1 fonsfone-anor m Purposes To engage in ul act or-activity.foi -any and all fiIing3vith the+Secretarys front ofahe existing:bulkhead Located lability company ay be organizediun dedtiy'law 1,1 , 1728 A,shamomaque..Lane`°Southold i eiehe LLCL.1010 , SCTM#66 2 45 BY ORDER OFI.' 10 STEPHEN LATHA1VI,requests an r 9802 6T 6%3 10 17 24 7/1.8 THE'TOWN"BOARD1 Amendment to Wetland Perniil38 to F i LEGAL NOTICE OWN OF SOUTIIOLD i Articles-'Of Organization Of OM14 1 'install iti RLR� to 1 Yon stone armor in i MONTAUK LLC Elizabeth Neville! front of Ctrs existng bulkhead Located r 1 E Town Clerk 845 Rogers Rd Southold SCTM#66 2 ' 'Under Section 03'�of the Limited Li } +40r 4 YFy ,abihty Company L Eurst Thename ot- t a rL NOVICE �ti 7L�ELDOLVESTAaTE3�5SOGI r RMONTAU liabrhty any is OMH 1 1 ►UBLICHEARIIVG �(,rNAi1IO1INCrequests an endriierit 1 LLCsSecond The county;` 1" HEREBY GIVEN to Wetland Pe thin this state in which the office of thc• t pn- anst�ll n ., i, oard of the Towri of °.rap`,k(off n stohe armor in f ofthe�j � tedhab liry company is to:be located`` County-of Suffolk;Staten:' lkhead.fLoeate_d 4rshauro i is-Suffolk._Third.The:Secretar-y of State' exist ..bulkhead. meet at theTown Hall `;magus Line uthold SCTM. � is,-esignated as agent of t 6e limited h` ? Southold New York I JUAITH ITL ab hry company upon whom-. rocess 115;2010 at 747. 0 m - La-W6tl& ,kagainst it ma be seived:.The address ` p DIT MOCH request a Wetland Permit F y E forahe purpose of� o reconsir3ict the foundation and reno within or ;without. this state to.which arc hdanng m relation vats the qxi§tin dwelling;,,remove'and r g g the`Secreta" of State`shallm'ail a copy nt oF'facihhes"of the'.fireplace the e sting sanitary`s- tern,:and" a-any process agauist.the liiiiited lrabil, , h` Pter Disposal District trim the`p`.hagmrtes to 12 in tier fit as ity Company served upon hun or hers ✓'; kemoval of all existing y #Fneeded Located Z617'Soundview Ave Bradley P Forst Esq- Tiffany&Bosco ', int,fencmg pavement Southold'SCTM#59 6 9&14` PA.• Camelback d Es lanade IZ" lnd oftier site features 13 RE�AfiE'HERTEL requests`a Camelbaek Road tmg Scavenger Waste Wetland Permit to coiiistrucC a 5 X 10 85016/s/Braille P. Hotmail -john_g_stein@hotmail.com - Windows Live Page 1 of 1 Windows Live- Hotmail Messenger SkyDrive I MSN J, F Hotmail New I Reply Reply all Forward Delete Mark as • Move to • I OK Inbox (824) Re: Right Of Way /R.O.W. Back to messages Folders Arshar-nomaque Ave, Southold - ( Beixedon Junk(22) Staircase) / Aug 25th 2010 letter - Tax Map ID East of R.O.W. - John J. Nickles Drafts(3) � __._.—._.._.............._._._...._.._..... To see messages related to this one,group messages by conversation. Sent �X Deleted (3) " John Stein 6/23/11 New folder j To rxevans@gw.dec.state.ny.us Reply Quick views Flagged 1 attachment(15.5 KB) Hotmail Active View Photos (11) Office dots(19) 1 DEPARTMEN...docx View online Shipping updates ' Download (15.5 KB) Messenger Sign in to Messenger Download as zip Roger Evans - Regional Supervisor/ Permit Home Administration : Thank You our most recent telephone Contacts conversation this a.m. 6/23/2011. As discussed here is the letter Calendar regarding the clarification of the landowners and previous supreme court cases regarding the Right of Way staircase at Arshamomaque, submitted to Alexa Fournier& Rob Marsh free Sl ( Marine Habitat) at the Stony Brook DEC office on 8/26/2010. I anlin can't stress enough how professional and helpfull they were in . •.. � _ expediting and "Clarifying" this Amendment to Wetland Permit. I further thank you for sharing my mutual concern of the , incorrect wording and assumptions, of the "Dru Associates Inc" evironmental memo dated June 16, 2011 and its statements of findings -that being " DEC recognizes that those changes affected the beach re: past Supreme court decisions - and Appelate decisions to the "Contrary" Please find herein as an attachment the 8/25/2010 letter. Thank you again for your timely _... ._... __....._..._ .......... _._.... .._.. .. .... . ._. __......... __...._ ._....._........ ., .....__......... response back to me - John G. Stein (516)767-6922 cell (917) 0 2011 Microsoft Terms Priv�c�_3���ut our ads Advertise Developers HelpCenter Feec New I Reply Reply all Forward ( Delete Mark as • Move to http://bl149w.bluI49.mail.live.com/mail/InboxLight.aspx?n=823962090 7/20/2011 Beixedon Estates Association Shoreline Restoration Dru Associates, Inc. Lot 9 40 Hitching Post Ln. n/o/f Glen Cove, NY 11542 Edward W. Graham cXo 516-676-7107 0 Revised: 4-16-2011 Lot 6 N Prepared: 1-12-2011 n/o/f -' Scale: 1"= 60' Joan Kuchner Lot 5 N n/o/f y Lot 8 Alma Ilibassi Lot 4 0 /.Z n/o/f & Bruno Ilibassi n/o/f N Y Q€e James F. Travers I Barbara J. Ball �= APP ED A RQV PER T &Thomas J. Ball AND CONDITIONS ARMS PERMIT NO. R.4y� DAT 3 J Existing Rock Armor at ulkhea Lot 7 I to a rehabilitated n/o/f Henry J. Latham I� 400' A• I� w000 B - _ _ • B eOl1,NF'D .D.-i .. 3TCV! OWD �! 3i �' .�_ .d 9.�-' -'•��-���..�..,,, .PMIIENi NIDII w.iEAMMK OK.uM1Mr31.3W1 ? - MOOD • •� !!! V �{(rR�tl 10q_ 41DW0. HOOD •-��9�{ �.. \ .B� s'Ens •UL �. "�" r+3w.reE.IwaKwgEEwemle,sw \\ u:• 0-12z Beach sand replenishment area = 10,000 sf __ �"E'"'° EK �KDNN�a,e.3ee •� "°°DDu Sand volume approx. 2000 cyds — -- — a •._I> • �'`�— .wEN;wcai�w•ERu.wc •� •� \`•� ®d- • o 3]fl 3.]Z •zis \_nvcureNrioww.,En N.aK a FBBNu 3 3om +� •� a hlp�"Tn� r W.TOE e..FMk aFFsD,N� 322 131 1 Y 2:i 22{ 3lfi L+6 yq Survey by Nathan Taft Corwin III 0 40 80 160 Feet February 11, 2008 Sections by Dru Associates Inc. October 2010 by Transit Level Beixedon Estates Shoreline Restoration Dru Associates, Inc. A +4 40 Hitching Post Ln. Glen Cove, NY 11542 +3 516-676-7107 Revised: 4-16-2011 +2 Prepared: 1 12-2011 Scale: 1"= 20' Rock armor +1 'a to first water 0 � — - - - - - - - - - - - - - - -- - - -1 <<.. . A-.. ._...,.... .. .w..._„ A' -2 LL 0L AH 2O08 50 100 200 Feet Proposed restoration Jt} bottom tape 2010 bottom topo B +4 +2 0 ` Rock armor APPRO N Y S D E C VED AS PER TERMS to first +1 AND CONDITIONS OF water PERMIT NO./ ���= 0 - - - - - - - - - - — — — — — — — DAT -1 -2 - ^ _www •. B, 4 AHW 2008 50 100 200 Feet Survey by Nathan Taft Corwin III February 11, 2008 Sections by Dru Associates Inc. Restoration by re-setting surface stones after replenishing sand, October 2010 by Transit Level with added sand as needed, followed by replacing stones, with added stone as needed. w a New York State Department of Environmental Conservation Division of Environmental Permits, Region One . AIM SUNY @ Stony Brook, 50 Circle Road, Stony Brook; NY 11790-3409 Phone: (631)444-0362 Fax: (631)444-0360 Website:www.dec.nv.gov. Joe Martens Commissioner May 24, 2011 FF Beixedon Estates Association Inc. P.O. Box 1432 Southold, NY .11971 l; J H - 2 2 2011 Re: Permit No.: 1-4738-03959/00001 - So,fl;a! Ros,:c: of T,usie�- 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. 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. Sincerely, Mary . MacKinnon Agency Program Aide - MAM/ls '-NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATIONIRMO 'Facility DEC ID 1-4738-03959 PERMIT Under the Environmental Conservation Law' CL Permittee and Facility Information Permit Issued To: Facility: BEIXEDON ESTATES ASSOCIATION INC BEIXEDON ESTATES ASSOCIATION INC PO BOX 1432 ARSHAMOMAQUE AVE R.O.W. SOUTHOLD,NY 11971 SOUTHOLD,NY 11971 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Village: Southold Facility Principal Reference Point: NYTM-E: 717.71 NYTM-N: 4549.41 Latitude: 41004100.611 Longitude: 72124131.911 Project Location:. R.O.W. Arshamomaque Avenue-Watercourse- Great South Bay Authorized Activity: Rehabilitate the rock revetment seaward of the bulkhead by installing a single row of stone approximately 1,000 pounds in size and underlain with filter fabric. Replenish the beach area with compatible(equal or larger)grain size sand. No sand shall be placed seaward of the mean low water. All work must be in accordance with the two page plan prepared by Dru Associates Inc., dated 1/12/11 last revised 4/16/11 and stamped NYSDEC approved 5/24/11. (MAM) Permit Authorizations . Tidal Wetlands-Under Article 25 Permit ID 1-4738-03§59/00001 New Permit Effective Date: 5/24T /2011 Expiration Date: 5/23/2016' Water Quality Certification- Under Section 401-Clean Water Act Permit ID 1-4738-03959/00002 New Permit Effective Date: 5/24/2011 Expiration Date: 5/23/2016 Excavation & Fill in Navigable Waters-Under Article 15,Title 5 Permit ID 1-4738=03959/00003 New Pen—nit. Effective Date: 5/24/2011 Expiration Date: 5/23/2016 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:JOHN A WIELAND Deputy Re ' al Permit Administrator Address: NYSDEC RE G HEAD ARTERS SUNY @ S NY ROO 0 Cl E RD 00 ,NY 90-3 ' Authorized Signature: Date42—� /2 O l l Page 1 of 5 ORION T.NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 4-4734-03959 Distribution List Habitat-TW MARY A MACKINNON Permit Components NATURAL RESOURCE PERMIT CONDITIONS WATER QUALITY CERTIFICATION SPECIFIC CONDITION GENERAL CONDITIONS,APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: TIDAL WETLANDS; WATER QUALITY CERTIFICATION; EXCAVATION & FILL IN NAVIGABLE WATERS I. No Interference With Navigation There shall be no unreasonable interference with navigation by the work herein authorized. 2. 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 Dru Associates Inc. dated 1/12/11 last revised 4/16/11. 3. 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. 4. 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 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. 5. 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 Page 2 of 5 . NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-03959 expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require,remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 6. 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. 7. Notice of Commencement At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work. 8. 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. 9. 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. 10. Storage of Equipment, Materials The storage of construction equipment and materials shall be confined to the upland area landward of the bulkhead or on a barge. 11. No Beach Excavation For Fill No excavation of the beach is authorized for the purpose of obtaining fill or stone materials. 12. No Dredging or Excavation No dredging, excavating or other alteration of shoreline or underwater areas is authorized by this permit,nor shall issuance of this permit be construed to suggest that the Department will issue a permit for such activities in the future. 13. Bulkhead Armoring The authorized bulkhead armoring shall consist of a single row of stone approximately 1,000 lb. in size and underlain with filter fabric. 14. Material All material deposited on the beach shall be of compatible (equal or larger) grain size to the naturally-occurring beach. No sand shall be placed seaward of mean low water. WATER QUALITY CERTIFICATION SPECIFIC CONDITIONS 1. Water Quality Certification The NYS Department of Environmental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301, 302;303, 306 and 307 of the Clean Water Act of 1977 (PL 95-217)provided that all of the conditions listed herein are met. Page 3 of 5 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION � Facility DEC ID 14738-03959 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. 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 BROOK150 CIRCLE RD STONY BROOK,NY11790-3409 4. Submission of Renewal Application The permittee must,submit a renewal application at least 30 days before permit expiration for the following permit authorizations' Excavation&Fill in Navigable Waters,Tidal Wetlands,Water Quality Certification. 5. Permit Modifications, Suspensions and Revocations'by the Department' The Department reserves the right to 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; Page 4 of 5 . AM NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATIONdhWe Facility DEC ID 14738-03959 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. NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permitfee, 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 required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. .Page 5 of 5 . Lot 9 03 n/o/f %. cxo Edward W. Graham o. a Lot 6 N n/o/f Joan Kuchner Lot 5 N n/o/f y Lot 8 Alma Ilibassi Lot 4 N n/o/f & Bruno Ifibassi n/o/f ies F. Travers Barbara J. Ball AI7�RQ�DY 9 &Thomas J. Ball AND CONDITIONS-°ORMS PERMIT NO,/ = f= 6 Exi ting Rock Armor at ulkhea DAT S� ` Lot 7 tc I e rehabilitated n/o/fG. ,� ry J. Latham 400' A* I,Da B ,�D u TPa.I u V',r H.:s V.. t.]�3".�.. wDOD�' •1.�55D0D u[,u� u`. W 10 ae:4 to-la _.I 'Baca ^+rYi00D BN% wl L++� 12 6T[G9 NOu1G y .e.V� 1_L'�Y`V00 .j TBp\p •+u4� pIl —! fB � ��.P����APPARprTNI0N 5VATERYARK CN taNDARY}a,ppp, bTFG° .. •�L PPARENTNION WATGRAIUKa,SEPTEyB[q 24 tWp \� :72� �- Beach sand replenishment area = 10,000 sf _ APPAAENTNID wAE0.GMKONNAgp,pp� \ RpDOR Sand volume approx.2000 cyds PAP[NTNIGH WATBR MARK DNd1LY}2,tBpg \ , e151 •AA e� _�APPARpxr\DwwArrp uARK w Yeenv+wr II,}p(g ^7 awry\ R Or�Ra¢o�q��rls °�` d12 iJ3 3 S -1z 2 4 d'3 2!i Survey by Nathan Taft Corwin III 0 40 80 160 Feet February 11, 2008 1 , , , , , i Sections by Dru Associates Inc. October 2010 by Transit Level f A +4 +3 +210, 0 Rock armor +1 ° .a to first I - - - - - - - - - - waler.. 0 A' I -2 I 200 Feet 50 ' 100 AH 2O08 Proposed restoration 2008 bottom t0po 2010 bottom topo B +4 I NY DEC + Fr'' \. APPROVED AS PER TERMS +2 AND CONDITIONS OF Rock armor I PERMIT NO.�J to first +1 j•• DAT S water I - - - - - . - - - - - - - - - - �� 0 I -2 I ...•.... .. Bt I . AfiW 2008 100 200 Feet q 50 iin III Inc. Restoration by re-setting surface stones after replenishing sand, with added sand as needed, followed by replacing stones, with added stone as needed. vet Duc Adiaeuw, Ecological Science for a Changing World June.9, 2011 Town of Southold - _- Trustees Office 53095 Route 25 P.O. Box 1179 1 ; JUN 10 2011 a 1 Southold,New York 11971 Re: Beixedon Associates wetland permit Dear Lauren: i Dru.Associates has been assisting the homeowners at Arshamomaque Ave to resolve with NYS DEC the repair of the stone armor placed along the bulkhead frontage of their beach. Enclosed are the permits issued by NYS DEC for this work. The background drawings are based on the same Nathan Taft Corwin III survey and plans referenced in the Town's resolution for the wetland approval for these properties from June 16, 2010. 1 submit these to complete the record for this work. Sincerely, Dr. Ron Abrams, CEP 40 Hitching Post Lane,Glen Cove,New York,USA 11542 516 676-7107 Beach Rd.,Empire Flats,Apt S002,Muizenberg,7945, South Africa +27 21 788 4246 Mountain Ponds,24 Eagle Drive,Wilmington,VT 05363 MON NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-03959 - PERMIT Under the Environmental Conservation Law CL Permittee and Facility Information Permit Issued To: Facility: _ BEIXEDON ESTATES ASSOCIATION INC BEIXEDON ESTATES AS§PQ_fIqN1NCL1 iPO BOX 1432 ARSHAMOMAQUE AVERO — - SOUTHOLD,NY 11971 SOUTHOLD,NY 119711 P J U N 1 0 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Village: Southold Facility Principal Reference Point: NYTM-E: 717.71 NYTM-N: 4549.41L---S—ot!th- �---_- _'_ al; ' Latitude: 41°04'00.6" Longitude: 72124'31.9" Board of T- Project Location: R.O.W. Arshamomaque Avenue-Watercourse- Great South Bay Authorized Activity: Rehabilitate the rock revetment seaward of the bulkhead by installing a single row of stone approximately 1,000 pounds in size and underlain with filter fabric. Replenish the beach area with compatible(equal or larger),grain size sand. No sand shall be placed seaward of the mean low water. All work must be in accordance with the two page plan prepared by Dru Associates Inc., dated 1/12/11 last revised 4/16/11 and stamped NYSDEC approved 5/24/11. (MAM) Permit Authorizations . Tidal Wetlands -Under Article 25 Permit ID 1-4738-03959/00001 New Permit Effective Date: 5/24/2011 Expiration Date: 5/23/2016 Water Quality Certification-Under Section.401 - Clean Water Act Permit ID 1-4738-03959/00002 New Permit Effective Date: 5/24/2011 Expiration Date: 5/23/2016 Excavation & Fill in Navigable Waters-Under Article 15,Title 5 Permit ID 1-4738-03959/00003 New Permit Effective Date: 5/24/2011 Expiration Date: 5/23/2016 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:JOHN A WIELAND Deputy Re ' al Permit Administrator Address: NYSDEC REG HEAD ARTERS SUNY @ S NY ROO 0 C E RD / 00 ,NY 90 -3 Authorized Signature: Date�Z2/2 o i l Page 1 of 5' NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION E Facility DEC ID 1-4738-03959 Distribution List Habitat-TW MARY A MACKINNON Permit Components NATURAL RESOURCE PERMIT CONDITIONS WATER QUALITY CERTIFICATION SPECIFIC CONDITION GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: TIDAL WETLANDS; WATER QUALITY CERTIFICATION; EXCAVATION & FILL IN NAVIGABLE WATERS 1. No Interference With Navigation There shall be no unreasonable interference with navigation by the work herein authorized. 2. 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 Dru Associates Inc. dated 1/12/11 last revised 4/16/11. 3. 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. 4. 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 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. 5. 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 Page 2 of 5 Am taboo NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-039§ expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require,remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 6. 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. 7. Notice of Commencement At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work. 8. 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. 9. 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. 10. Storage of Equipment,Materials The storage of construction equipment and materials shall be confined to the upland area landward of the bulkhead or on a barge. 11. No Beach Excavation For Fill No excavation of the beach is authorized for the purpose of obtaining fill or stone materials. 12. No Dredging or Excavation No dredging, excavating or other alteration of shoreline or underwater areas is authorized by this permit, nor shall issuance of this permit be construed to suggest that the Department will issue a permit for such activities in the future. 13. Bulkhead Armoring The authorized bulkhead armoring shall consist of a single row of stone approximately 1,000 lb. in size and underlain with filter fabric. 14. Material All material deposited on the beach shall be of compatible(equal or larger)grain size to the naturally-occurring beach. No sand shall be placed seaward of mean low water. WATER QUALITY CERTIFICATION SPECIFIC CONDITIONS 1. Water Quality Certification The NYS Department of Environmental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301, 302, 303, 306 and 307 of the Clean Water Act of 1977 (PL 95-217)provided that all of the conditions listed herein are met. Page 3 of 5 �r Adh NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION low Facility DEC ID 1-4738-03959 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. 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 BROOK150 CIRCLE RD STONY BROOK,NY11790 -3409 4. Submission of Renewal Application The permittee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations: Excavation&Fill in Navigable Waters,Tidal Wetlands, Water Quality Certification. 5. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to 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; Page 4 of 5 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Aim Facility DEC ID 1-4738-03959 i 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. 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. Page 5 of 5 Beixedon Estates Association J Shoreline Restoration DruAssociates,Inc. Lot 03 40 Hitching Post Ln. n/o/f T. Glen Cove,NY 11542 Edward W.Graham 516-676-7107 0 Revised:4-16-2011 Lot 6 to Prepared:1-12-2011 n/o/f Scale:1"=60' Lot 5 m Joan Kuchner n/o/f N Lot 8 Alma Ilibassi Lot 4 N y /� n/o/f 7 &Bruno Ilibassi n/o/f 0• APPgO�EDgS EC James F.Travers c Barbara J.Ball c PERMIT ND CCNDITIp SrERMS &Thomas J.Ball DAT MO. f7. a OF Exi ting Rock Armor at ulkhea Lot 7 to a rehabilitated n/o/f Henry J.Latham 400' A• •� .Poo,. •� --__ �m �� —,` ""o"'""'° '•• •'� _ � Beach sand replenishment area=10,000 sf _ __ N\ Sand volume approx.2000 cyds _ z n a �M i r4 e�W'4gow� .tu ip G l� itl il[ Survey by Nathan Taft Corwin III 0 40 80 160 Feet February 11,2008 i Sections by Dru Associates Inc. October 2010 by Transit Level Beixedon Estates Shoreline Restoration Dru Associates,Inc. A +4 40 Hitching Post Ln. Glen Cove,NY 11542 +3 516-676-7107 Revised:4-16-2011 +2 Prepared: 1-12-2011 Scale:1"=20' Rock armor+1 to first water 0 r— ---- ---------- --- - -1 i _..._...__. --- A' -2 I d AH 2O08 50 100 200 Feet IL Proposed restoration pr;r hou'u'l,)topo 2010 bottom topo B I a' +4 NY DEC APPROVED AS PER TERMS + AND CONDITIONS OF +2 PERMIT NO./ 39 Rock armor I DATE to first +1 l '•, waler -1 I � -2 I .. B' I OI AHW 2008 50 100 200 Feet 1 i t t Survey by Nathan Taft Corwin III iFebruary 11,2008 Restoration by re-setting surface stones after replenishing sand, Sections by Dru Associates Inc. with added sand as needed,followed by replacing stones,with added stone as needed. October 2010 by Transit Level i OFFICE LOCATION: ��OF SO(/ryO MAILING ADDRESS: Town Hall Annex �� lQ P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) N Southold, NY 11971 Q Telephone: 631 765-1938 �� Fax: 631 765-3136 104UNTYI LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Jill Doherty, President �} I f ' Town of Southold Board of Trustees i JUN 1 4 J From: Mark Terry, Principal Planner LWRP Coordinator Board of TrLisl: Date: June 14, 2010 Re: Proposed Wetland Permit for BEIXEDON ESTATES ASSOCIATION, INC. SCTM# 1000-66-2-47 BEIXEDON ESTATES ASSOCIATION, INC. requests an Amendment to Wetland Permit #469B to install rip-rap % to 1 ton stone armor in front of the existing bulkhead. Located: Arshamomaque Lane, Southold. SCTM#66-2-47 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 proposed action is EXEMPT from LWRP review pursuant to: § 268-3. Definitions. MINOR ACTIONS item "EE" which states: A. Maintenance or repair involving no substantial changes in an existing structure or facility; Cc: Lori Hulse, Assistant Town Attorney w OFFO �-tea + Jill M.Doherty,President y Town Hall,53095 Main Rd. James F.King,Vice-President — P.O.Box 1179 Dave Bergen 20 Southold,NY l 1971 Bob m,Jr. �IfP� ���` Telephone(631)765-1892 John Brederedemeyer �' Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only _Coastal Erosion Permit Application etland Permit Application Administrative Permit ,Amendment/Transn e ion �eceived Application: ( ---- - - " ,,Deceived Fee:$ _,pompleted Application Incomplete SEQRA Classffication: APR 2 g 2010 Type I Type H Unlisted Coordination:(date sent) iLVJRP Consistency Ass ssment Form �AC Referral Sent n ate of Inspection: - Receipt of CAC Report: Lead Agency Determination: Technical Review: efil@—ic Hearing Held: Resolution: Name of Applicant &-ike L n 4ss 6 C 1"\o r, C , Address Phone Number:(6J) q35 Suffolk County Tax Map Number: 1000-_r✓d� m LA v) 1 `''O G�d — �e�xed d Vl Property Location: Q r - d1 G��ry1 p►FYI Q C,(�l J"t(��. (provide LILCO Pole#, distance to cross streets, and location) AGENT: (If applicable) Address: Phone: ; 51aA Board of Trustees Application, GENERAL DATA Land Area(in square feet): eS Th4 Y) S S Area Zoning: —4 Previous use of property:_ Re-5 l d.—O K)41 a_ J Intended use of property: l�'ecsli;e K) 7y`a_ Covenants and Restrictions: Yes __X_No If"Yes",please provide copy. Prior permits/approvals for site improvements: Agency at awn o- �6144&V 015S No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? No Yes If yes,provide explanation: Project Description(use attachments if necessary): Tlu eea Mai v? JetlC«J ce r ra rDv-ed ri -ra Y-,7 -- I +D -576,e, Cir►m c�r Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION/DATA Purpose of the proposed operations: 144/A ri vio qS r Area of wetlands on lot: square feet Percent coverage of lot: % Closest distance between nearest existing structure and upland edge of wetlands: feet Closest distance between nearest proposed structure and upland edge of wetlands: feet Does the project involve excavation or filling? ✓ main4-Ai'ri , h� bu 1/-�f h e a j No Yes �- Y� re v "o u 5/ 0. vro V e d If yes,how much material will be excavated? cubic yards C/z ' I I How much material will be filled? cubic yards Depth of which material will be removed.or deposited: feet Proposed slope throughout the area of operations: Manner in which material will be removed or deposited: 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): Apr 27 10 09:24p 6317654354 p.1 PROJt_CT 10 NUMBER ^i APPENDIX C 617.20 SEQR STATE ENVIRONMENTAL OUALrfY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACYIONS only PART 1-PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1-APPLICANT/SPONSOR Z PROJECT NAME i &PROJECT LOCATION. / Mwidpaliy �p 1 fl w1 County 4.PRECISE LOCAMON• SO'eet Addass and Road Inlersectlana. Prominent landmarks etc -or provide map CC(/f'1/iY1I/N�� � ,�,�/���G✓cy,40 ee& 5.1S PROPOSEG ACTION: ® New U Expanslcn j lVodlRnlion 1 alteration e.DESCR16E PROTECT BRIEFLY: L�Y rd v1ArZecj v.1a,',t /emoo^r_e �� re6��✓r/�J �rx✓P�zs,��a� 0,per"max e"I A10 7.AMOUNT OF LAND O!/ Ini es Uatly acres U��.Gmata..i!,-_ --acr - / a.WILL PROPOSED ACTION COMPIY VffW EXISTING ZONING OR OTHER RESTRICTIONS? 12Yas ❑ NO 1/nD,describe briefly: 9.VMAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many p9 apply.) - �liesidentlal �IndusteW E]Cemmvrchl DAgrieullum Park/Forest/Open Spam Other (describe) 10. DOES ACTION INVOLVE A PERMIT.APPROVAL. OR FUNDING, NOW OR ULTI%,ATELY FROM ANY OTHB2 GOVERNMENTAL AGENCY (Federal, stare or Local) j �C 13Yse d No If yes, fist agency name and permit/ approval: 11.DOES ANY ASPECT OF THE ACTION HAVE rA CURRENTLY VALID PERMIT OR APPROVAL? ~` ElYes Mj RO It yes, lisl aganey name end permit/ approval. 12_ AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT APPROVAL REQUIRE MODIFICATION7 LJY,es No I CERTIFY THAT-THE- ATIpIV PROVIDED ABOVE IS TRUCE TO THI: BEST OF MY KNOWLEDGE/ Aporm=' / Spone•r�-Name Oate: ����'�•!� If the action is a Costal Area,and you are a state agency. COmpiete the Coastal Assessnwrtt Form bafore proceeding with this assaaslnent TO 39Vd NVWIVM 83H1S3 :P-10S P9109BO919 £0:60 9661/ZO/VO PART 11- IMPACT ASSESSMENT(To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR,PART 617A? if yes,coordinate the review process and use the FULL EAR Yes a No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.E7 if No,a negative declaration may be superseded by another involved agency. 0 Yes a No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten,If legible) C1. Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic pattern,solid waste production or disposal, potential for erosion,drainage or flooding problems? Explain briefly: No C2. Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources;or community or neighborhood character?Explain briefly: No C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly: No C4. A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources?Explain briefly: No C5. Growth,subsequ1. ent development,or related activities likely to be induced by the proposed action?Explain briefly: No . C6. Longterm,short term,cumulative,or other effects not identified in C1-05? Explainbriefly: No C7. Other Impacts,(including changes in use.of either quantity or type of energy? Explain briefly: No D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA CEA)? If yei,ex lain briefl : Yes a No E. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If Les explain: Yes a No PART III-DETERMINATION OF SIGNIFICANCE(To be completed by Agency) INSTRUCTIONS; Foreach adverse effect identified above,detelmine whether it is substantial,large,important.orotherwise significant. Each effect should be assessed in connection with its(a)setting(i.e.urban or rural);(b)probability of occurring;(c).duration;(d)irreversibility;(a) geographic scope;and(f)magnitude. If necessary,add attachments or reference supporting materials. Ensure that explanations contain suffident detail.to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes,the determination of significance mustevaluate the potential impactofthe proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse Impacts which MAY occur.Then proceed directly to the FUL FAF and/or prepare a positive declaration. Check this box if you have determined,based on the information and analysis above and any supporting documentation,that the proposed actin WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary,the reasons supporting thi determination. Board of Trustees Z71 Name of Lead Agency Date Jill M. Doherty President rnt or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Iler in Lead.Agency Signature of Preparer(If different from responsible officer) 11 ��;; cr livixedon E Inc.tatca Association, I Southold, Lonb LLJ, Ne,v Yoriz pss�c 1 0, 1197.1 June 13,2010 Ms. Jill M. Doherty, President Southold Town Board of Trustees Town Hall PO Box 1179 Southold,NY 11971 Dear Ms. Doherty: I am the President of Beixedon Estates Association and I have submitted a permit application to amend permit#469B to install rip-rap V2 to 1 ton stone armor in front of the existing community bulkhead. I will not be able to attend the hearing on Wednesday, June 16,2010. I am requesting that Beixedon Estates Association, Inc Board member, Barbara Ball,represent the Beixedon community at the Board of Trustees Hearing. Thank you for your consideration, Howard Kalman, President Beixedon Estates Association, Inc. 2010 Southold Tor,n } PROOF OF MAnING OF NOTICK ATTACK CERTIFIED MATT.RECEIPTS Name; Address: S:CTM �- 2-4 � oE }11Lg1 T-h6M4 - Qr6a -r`a_ 13,,Ix 5C"rM wh -3-1 �au-�-ho�� lU' 11 q7! n N� �kl�s TO' � STATE OF NEW YORK COUNTY OF SUFFOLK Ho�� !fa( � ,residing at,/5 I dr-cis. Cam►,.c �crs� /yj �ldri being duly sworn, deposes and says.that on the day.of ?✓Pi-r : 20! deponent mailed a true copy of the Notice set forth-in the Board efTrustees 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 saidNotices were mailed at.the.Uriited States Post: . Office at sd�(�►o/d, , that said Notices were-mailed to:each of said persons by (certified) (registered)maxi: r1 ^ GtS PIe SJa �0 . ( C 1&-e_da>, fs4f5 . Sworn to before me this i Day of. 5,,�, ,20 Notary Public .f JUN 1 2010 �. erne �_.__ � �YOtk Soutllcld Totirn �. ca Board M Trustees 4 Jill M.Doherty,President N - Town Hall,53095 Main Rd. James F.King,Vice-President y, P.O.Box 1179 Dave Bergen • 'Z`' Southold,NY 11971 Bob Ghosio,Jr. 'yaj►0 �� Telephone(631)765-1892 John Bredemeyer Fax(631)765-6641 i BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD --------------------------------------------------------------- In the Matter of the Application of BEIXEDON ESTATES ASSOC.,INC. COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING 1, r10C-ueJGfa�,ngn ,residing at/dba r�-1 74-ditvS being duly sworn, depose and say: That on the l0 day of mow- ,2010, I personally posted the property known as by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held Wed.,June 16,2010 on or about 6:00 PM. Dated: (signature) � f�S Sworn to before me this 1r7 day of.S&►.c200 0 jo�tary Public NOWI►..Pd ft StWO of Nft York - - tiuON��d gHISO?0p5g Cao+r tpn� pk,09,a !� 5168767892 02:03:25 p.m. 04-28-2010 1 11 A '2 i' ,.. 'Al:04 317654354 A • Board of Trustees Application !.� of Suffolk State of Ne,%1• York &C, t���TTCXCi►FDf/''{ f Edon � ,') TjSUG�4�r1�. Z� c _BEING DULY SWORN fiLEPOSES A.ND AFFIRINIS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERXIIT(S)AND THAT ALL S T ATE.UIENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS.&IER KNOWLEDGE AND BELIEF, AND TKAT ALL MTORK WILL BE DONE IN TBE-MANNER SET FORTH-IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HAILMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERIMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S)OR REPRESENTATIVES(S),TO ENTER ONTO MY PROPERTY TO WSPECT TH'F_ PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Signature SWORN TO BEFORE j'%4E'rFUS 2-8 DAY OF ra ,m !D Notary Public PETER A RAWS Notary Public-State of New York ND.01RAG121271 Quallfled In Naeaau Cwty EmyCormiaelon Expires r f°I1 April 12, 2010 To Who it May Concern: I hereby give approval for the Beixedon Estates Association and Steven Latham to install "riprap" against the bulkheads located on parcels known as Plot A& B on the Filed Map of Beixdon Estates, Southold,New York. Sin ere John .Nickles For h*niself and ieEstate of G. R. Lewis 04/03/1995 10:13 5164860164 S01-6: ESTHER KALMAN PAGE 02 A,PPLICA,NT/AG ENT/REIIR.ESEN-I',A,T,ZVI~ TRANSACTIONA,I;, DISCLOSITRE FORM rn�r4 of 'ourhola•st rPfis�lithlC,�Gtl1s cOn`licb of int Sb{a faem•y to nrgyj��lUaFt2�+r is w h� c— ^ h o'� w o Pl{Q�n ol><icois nQ ��v , rti YOUR NAME: jAm 6 1 KJU'C� Vj� Cj� (Laytnemc --_,.� I �' first Warne:puddle initial.uriless eu area 1.. someone else or other cauly?Such ea a,�utn Y pP ying in the nart)c o!' ( pcaofl-�orcom art p�tY•11'so,inQicale the outer &hoc-( �e,) r y's name.) NA&IE OF APPL1CAT`JON: (ChecM al!that apple) Tax grievance Variance --- --- building Change OF?one -- --.. Truster '— '- Approval ofplat - — Coastal Etosior. — F.xemption Rrrn plat(rr o1lieial ntor _.--'--"-- Nfooring Other --~ planni:►g - (If"Other",name the activity•.) Do you personally(or thrOveh your company,spouse.sibling.'-- nt,o •• -- ., re li of the Town of ScuOold7 "Relationsh' p�"nti or clu ld)beau a ralgliup5h,p with nny aft;,,or or amp)oycc including a paAnerskip,in which the tolp officer or employ=h reven a partial owncrstt F of(or ernp)oyrrerr lnearis u business, in which the lm, it nt7=cer or em,lovee Owns note Chun 5�5 of t!:c shaves. ) wrporation YbS lfyou ans"etvd"Y.S",cornplero lF,e ba:anee of this furm MA date and sign where lndica,ed. Name of pe skir.cmph,led ky the fO�vn aP Southold Thle or(vaitior;of th:I(person Describe the relal:onsh!p betwoen yourseif tithe appliCar,(,'agcnUrepn.sentahve)and the town Office.or errtploye,�%.Either check the apprapriale lire A)througl,D1 and/or d c-'e"be in the space prov ideal. The town officer or emplayee or his er he.spouse,sibling,Parent,(Ir child is ichcck all lira.apply): __ A)the owner of grcdtdr than 5%of the shares of the aorlkrate stock of the applicant (when the applicant is a corporation); 8)the legal or bepericial ownerof arty interest in a lion-corporatc c►tlity(when the applicant i.s not a corporation): C)an officer.director,partner,or ernpl^yer,of Ilse aPpliuin;:or ll)the autu,tl applicsnt. DESCRIPTION 01'RELATIONSHIP Suhrttitted tl►i�• ..__�c!av of ZO40 Pti nattue_ � -pil8tN;{nte"d�plow ..__..._..-- form TS 1 s t-d bg£f>59l.6f9 dZ9:80 -L 8Z .,dV Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a.determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form.should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town 3. If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both supporting and non-. 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 AC IQl� o � xeo/ / T/C/� f'v5 SCTM# 'r PROJECT NAME ZJ e-i rXeGCGV/ &d',7c c-Irr 0 c iW'72 N i` G The Application has been submitted to(check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees 1. Category of Town of Southold agency action(check appropriate'response): (a) Action undertaken directly by Town agency(e.g. capital ❑ construction,planning activity, agency regulation,land transaction) ❑ (b).. Financial assistance(e.g. grant,loan,subsidy) (c) Permit, approval,license,certification: Nature and extent of action: aa rna�'� h - ►'es ri v'o 14 s v1e�. - t r Location of action: Gi c� o� Arska m o M c�4.a�e. K cl Site acreage: Present land use: Present zoning classification: R—q O 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: 'Be t Xe�o n L 5+u+eS ASSOC C_ }J)AU,a jt> (b) Mailing address: (c) Telephone number: Area Code( 3 I - 7(®S-y 3 5 (d) Application number,if any: Will the action be directly undertaken,require funding,.or approval by a state or federal agency? Yes LN No❑ If yes,which state or federal agency? N V S 1)E G 1479$ b3 J 7 9/coo 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. i ❑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 1:1f ❑ Yes No Rl Not Applicable i I Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria ❑ Yes ❑ No Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria Yes ❑ No ❑ Not Applicable nier i nvn e-s Abut _h cap nav)ce rap . ri —trd ' Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of.Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria ❑ Yes ❑ No PQ 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. ❑ ❑ �. Yes No 1!�ot ►licab elel Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes [:]No Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—.Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No R] 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❑ Not Applicable 3ei edbn A6s CC)OWUM4 ea c e, en d v,5 hQ a b M&6 u c Ave, a.ry'1 o eccs Attach additional sheets if necessary WORKING COAST POLI 8 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 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 M-Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No 41 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 1�71 Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. 'See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ❑ Not Applicable PREPARED BY 110WAX-P • eAZ_ *1V TITLE 'PP-675/vim 11�1- DATE zS�� 0 Ate