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HomeMy WebLinkAboutTR-7682 Jill M. Doherty,President \\rjF SOUTjyO Town Hall Annex Bob Ghosio,Jr.,Vice-President ,`O l0 54375 Main Road P.O.Box 1179 James F. King Southold, New York 11971-0959 Dave Bergen John Bredemeyer �l �Q Telephone(631) 765-1892 yCoUMy;N Fax(631) 765 6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1 st day of construction '% constructed X Project complete, compliance inspection bam _ s� �''S!.. '9:.C4£".':�'°`�f�°>'4'''S'C�'�.°'•'�'°',:•1:kbb�:�`^.;�4T��t'4". ''''4'a'..'T�',' '3,''.�°....' ''.. ....�- .�`rc:�.e�.Y'A�sS4' S?��°ST'is�T•o1•R",ef'".�`._�'�.T�""�' �75."�4��k4° "E:' �` / AM '3 'ail`I 11,1�i BOARD OF SOUTHOLD;TOWN TRUSTEES SOUTHOLD,NEW YORK PERMIT NO. 7682 DATE: NOVEMBER 16,2011 +.., ISSUED TO,. JAMES:Dr FRY ' �� t PROPERTY ADDRESS: 8045 NASSAU POINT ROAD;-CUTCHOGUE• SCTM41184=8 N AUTHORIZATION / Pursuant to the provisions of Chapter 275 of the Town Code of the,Town of Southold and,in , ,ttAl accordance with the Resolution of the Board of Trustees adopted at the meeting held on November 16,2011, and in consideration:ofapplfcation fee in the sum of$250.00 paid by James D.Fry and subject to the Terms and Cond'ittons`a"s stated in the Resolution the Southold Town Board of Trustees authorizes and ennits the following: f , ti ,! Wetland Permit to construct approximately 101 linear feet of vinyl,bulkhead in 4" place of existing timber bulkhead; construct+/-10' and+/-7' vinyl returns in place of existing returns; remove existing deck; construct 31 extension to existing 3 x22 ` stairwa to be replaced as necessary);,construct 4'x7' steps,to,beach; and backfill with .Y P. Y)� ._. approximately 20 cubic yards clean sand from.an upland,source;:with the condition of a 13' wide non-turf buffer be installed and maintained along the landward edge of the bulkhead;.,and)as depicted on the;site plan prepared by-En-Consultants,last dated f October 20,'2014, and stamped,approved on November 16,2011i INWITNESS WHEREOF,the'said Board of Trustees hereby causes its Corporate Seal to be axed, 1111 and these presents to be subscribed by a majority of the said Board as of�thisl date. L A� r 1 --- r -.. :::1:'1'1'� �$: ;... ...r::.. -`r..... a„c,- AS99_ a:4' .....�•— - " TERMS AND CONDITIONS. The Permittee James D. Fry,residing at 8045 Nassau Point Road, Cutchogue,New York as part of the consideration for the issuance of the.Permit does understand and prescribe to the following: 1. That the said,Board of Trustees and the Town of Southold are released-from any and all-_ damages, or claims'for damages,of suits arising directly or indirectly as a result of any, operation performed pursuant to this permit,and the said Permittee will,at his or her own expense, defend any and all such suits initiated by third partips,,and the said Permittee assumes full liability with respect thereto,to the complete exclusion of the Board of Trustees of the Town of'5outhold. 2. That this Permit is valid for a period of 24 months,which is considered to be the estimated time required to complete the work involved,but should circumstances warrant, "request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely,or as long as the said Permittee wishes to maintain the structure or project involved,to provide evidence to anyone concerned that authorization was originally obtained. 4. That the work involved will.be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall-be no interference with the right of the public`to pass and repass along the beach between high and low water marks. 7. That.if future operations-of the Town•of Southold require the removal,,and/dr alterations.in the location of the-work herein authorized,or if,in the opinion of the Board,gf Trustees, the work shall cause unreasonable obstruction to free'navigation,the said Permittee will be required,upon due.notice, to remove or alter this.work project herein.stated without, expenses to the Town of Southold. 8. The Permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Clerk's Office as a notice covenant and-:deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety(90) calendar days of issuance of this,permit. 9. That the said Board will,be notified by the Permittee of the completion of the work authorized. 10. That the Permittee will obtain all other permits and consents that maybe required supplemental to this permit,which may be subject to revoke upon failure to obtain same. !/T�, Jill M.Doherty,President �F S0 Town Hall Annex O�� �l Bob Ghosio,Jr.,Vice-President O 54375 Main Road James F.King P.O.Box 1179 CASouthold,New York 11971-0959 Dave Bergen Q John Bredemeyer Telephone(631) 765-1892 �yComm,��' Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD November 16, 2011 Mr. Robert E. Herrmann En-Consultants 1319 North Sea Road Southampton, NY 11968 RE: ' JAMES D. FRY 8045 NASSAU POINT ROAD, CUTCHOGUE SCTM# 118-4-8 Dear Mr. Herrmann: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, November 16, 2011 regarding the above matter:. WHEREAS, En-Consultants on behalf of JAMES D. FRY applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town.of Southold, application dated October 26, 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', the LWRP Coordinator issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on November 16, 2011, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, 2 WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of JAMES D. FRY to construct approximately 101 linear feet of vinyl bulkhead in place of existing timber bulkhead; construct +/-10' and +/-7' vinyl returns in place of existing returns; remove existing deck; construct 3' extension to existing 3'x22' stairway(to be replaced as necessary); construct 4'x7' steps to beach; and backfill with approximately 20 cubic yards clean sand from an upland source; with the condition of a 13' wide non-turf buffer be installed and maintained along the landward edge of the bulkhead; and as depicted on the site plan prepared by En-Consultants, last dated October 20, 2011, and stamped approved on November 16, 2011. Permit to construct and:complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of$50.00 per inspection. (See attached schedule.) Fees: $50.00 Ve7 truly yours, Jil rMDoherty President, Board of Trustees JMD/eac Peter Young,Chairman H Town Hall,53095 Main Rd. Lauren Standish,Secretary P.O.Box 1179 y *` 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., November 9, 2011, the following recommendation was made: Moved by Jack McGreevy, seconded by Doug Hardy, it was RESOLVED to SUPPORT the Wetland Permit application of JAMES D. FRY to construct approx. 101 If. of vinyl bulkhead in place of existing timber bulkhead; construct +/-10' and +/-7' vinyl returns in place of existing returns; remove existing deck; construct 3' extension to existing TX 22' stairway (to be replaced as necessary); construct 4'X 7' steps to beach; and backfill with approx. 20 cy. clean sand from an upland source. Located: 8045 Nassau Point Rd., Cutchogue. SCTM#118-4-8 Inspected by: Jack McGreevy, Doug Hardy The CAC Supports the application with the Condition of a 10' non-turf buffer along the landward side of the bulkhead. Vote of Council: Ayes: All Motion Carried O Jill M.Doherty,President Off' SUF1`01*COO P.O.Box 1119 Bob Ghosio,Jr.,Vice-President j y Southold,NY 11971 James F.King Q Telephone(631 765-1892 60 Dave Bergen y Fax(631)765-6641 John Bredemeyer LP Southold Town Board of Trustees Field InspectionMorksession Report Date/Time: y JAMES D. FRY requests a Wetland Permit to construct approx. 101 If.of vinyl bulkhead in place of existing timber bulkhead; construct+/-10' and +/-7'vinyl returns in place of existing returns; remove existing deck; construct 3'extension to existing TX 22'stairway(to be replaced as necessary); construct 4'X 7'steps to beach; and backfill with approx.20 cy. clean sand from an upland source. Located: 8045 Nassau Point Rd., Cutchogue. SCTM#118-4-8 �Typ of area to be impacted: twater 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: L,,4etland _Coastal Erosion _Amendment —Administrative—Emergency Pre-Submission Violation Info needed: r' Jqq Modifications: Conditions: Pres nt Were: �/ J. Do rt V B. Ghosio J. Kin D. Bergen, Y g J. Bredemeyer D. Dzenkowski other Form filled out in the field by Mailed/Faxed to: Date: h CARRINgrOH GP PENTERfl •� —�,__ z R°A N:A�SS'AU y,To RV o POINT j LITTLE P�CONIC PAY Wunneweta �0 l and +101 L.P.OF VINYI.MUM TO DM CON5MCT517 IN FI.ACM OF U. FROFo5MD FROFo5Mf75TXSN51ONof TIMDMRMUM eP° pwLIl MX.Y%22-59F5 To 1ALN w CLEF ATEfl 1 6 M AFiMR DMac RMMovAL __—__----- 519 C ACa55 VIA AFFROX.15'WInM AMA LA OF I3ACKFIL /19151URWME x for FDJ. 5ffdk C iN Havphi;n Map 29 1 I" m +3000' " Ov wo ��D 1 - (0% k2 +711 fla n g _6 �X.WOOD 505 0 +i s Notes: E is 1) f urpose;Maintain m15sbinq Wkhead 0 3 F o-:�: 2) Vatum;&W o;iE WOOD gem 3) New Wkhead 514eathunq to 6e wnyl:structural g tlm6er5 to 6e CCA-keated tlm6er;hardware to 6e galvanized steel grd 4) Approximately 20 cu6ic yards dean Sand to 5TOW fMNII 6e trucked In from an upland source for 6ackflll GSM u � 0 5) property locatlon,8045 Nassau point Road, Cutc6w,NY; 5CfM#1000-118-4-8 3 4 , >- $14 z j OCT 2 G 2011 ROVED BY BOARD OF TRUSTEES TOWN OF SOUTHOL6 DATE I" -40' 1319 NORTH SEA RD. SOUTHAMPTON, NY 11968 'N� p\�� 631-283-6360 NP55P��0 WOp05W f3UI.UAn MpI.ACMN1' (IN MAM FOB JAM�5 MY ON I ITU P CONIC PAY, CIJTCHO6X, 5TFOLK, NY 5HMf I OF 2 10-20-II ma Z ® cp, INA _ cxr- >- Zo � Xx — VN !9NUVI-5-MIA � '® p O �I x �,6 x �,�/I NlN lll� dMLL'Xd d0 lN1d �-- M s Cam! 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'iyr� � o '' .♦ L J •'+r �. v� JI' x ♦ �. fir,•, t\� � L, !♦ ► J �, 4, / , M Op lot +r J '! ,� � - 1 •" �• to IAN t •ter'. �`'t ,i '•x }. .t �mil• a{.r �: 3'. •� '- w ,;. ,'T ! +�� � � M -'"'.1 ♦vim r •'� r r Wlk � . . � op lot �P = ',,. • }�P J(1 / r �ice_ '�Z�-< •�I��� r •� � — z'�I"i�=mac � � •�a n �� j ' < ` > •ram.. _ t- M � .. f- .�' � fry � ,• _.� j;� , e t by♦+~ � .. � { )� 1./i � _ is James D.Fry 804S Nassau Point Road,Cutchogue SCTM#118-4-8 11/9/2011 AK r ~ Ir N r,_- st a�+. 3) w,�� _ - .J.'�,. •' +yam.. �Y �'rr� �� i v�� ,� �-• ' ?,fir '`- � 4t �• lam. ate ! � �� t * r. 'f �� �•Q .sue f� q� �r ;voj _.� �'.►'�' �v�v .p . �-' `~ ) •d _~tom. �jl fit "� • � � 1�'s vs+�L 1 1C�' C •! '� xt�, •4yi��#�r_� / A '�a', • `OI�w ems' "� -t- '� �j��y aS `��� + h ' / .. . _ ._ ► fir• '1t •; �r���t- +„�t � ,,, �F ��+f�r�4+f � "ram �ir� `S .� �-.=.�•� • .� am 4'j jam!" JAMES FRY,8045 NASSAU POINT ROAD,CUTCHOGUE i` a Figure 1. Looking north at ex. bulkhead to be replaced(in place)with vinyl. Figure 2 Looking south at ex bulkhead to be replaced(in place)with vinyl. JAMES FRY,8045 NASSAU POINT ROAD,CUTCHOGUE Figure 3. Looking southwest at face of bulkhead to be replaced with vinyl bulkhead,at deck to be removed; and at stairs to be extended to grade. Shed depicted in photo has since collapsed and will also be removed N N '' y a ..� na�kl --- kowa oc n, -- •L 1 ., 3ANc1 ea e® a r'0 r ,p G-4>• r a'Ell, Byy wl f —zi— a, O — __"__ .. nonce ° COUNTY UN OF SUFFO LK A 11S a Properly Ta Sam 1319 North Sea Road Southampton, New York 11968 A400 631-283-6360 E N-C O N S U LTA N TS Fax: 631-283-6136 www.enconsultants.com ENVIRONMENTAL CONSULTING December 16, 2011 Lauren Standish Board of Trustees Town of Southold P.O. Box 1179 Southold,NY 11971 Re: James D. Fry,Wetlands Permit No. 7682 Dear Ms. Standish: In satisfaction of Term and Condition #8 of the captioned permit, the required Declaration of Covenant was recorded in the Office of the Suffolk County Clerk on December 16, 2011. A copy of the recorded document is enclosed for your files. Respectfully yours, 1 Stephe s -- --_-- - - - Enclosure DEC 19 2011 cc: James D. Fry CC# : C11-46949 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on 12/16/2011 under Liber D00012679 and Page 568 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 1211612011 l SUFFOLK COUNTY CLERK JUDITH A.PASCALE SEAL I IIIIIII IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII I IIIII IIIII IIIII IIII IIII ' SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 12/16/2011 Number of Pages : 4 At: 09 :28 :20 AM Receipt Number, : 11-0137173 LIBER: D00012679 PAGE : 568 District: Section: Block: Lot: 1000 118 . 00 04 . 00 008 . 000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $20 .00 NO Handling $20 . 00 NO COE $5. 00 NO NYS SRCHG $15.00 NO TP-584 $0 . 00 NO Notation $0 .00 NO Cert.Copies $5 .20 NO RPT $30 . 00 NO Fees Paid $95 .20 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County Number of pages FECIORDEb Ur _E T. 0F This document will be Public record. Please remove all Social Security Numbers P V-41'-.8 prior to recording. Deed/Mortgage Instrument Deed Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee � Mortgage Amt. 1. Basic Tax Handling 00 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. or EA-52 17 (County) Sub Total Spec. /Add. EA-5217 (State) TOT. MTG. TAX R.P.T.S.A. Dual Town Dual County Held for Appointment Comm. of Ed. 5. 00 p y Transfer Tax Affidavit- Mansion Tax The property covered by this mortgage is e ltif,ed Copy or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total S5 YES or NO Other Grand Total. If NO, see appropriate tax clause on page#—of this Ins went. — 1000 11800 0400008000 4 FDist.1 o( p T S oo f - R Emc A 5 Community Preservation Fund Real Property 14-DEC-1 Consideration Amount $ Tax Service Agency CPF Tax Due $ Verification 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address Improved RECORD & RETURN TO: Vacant Land En-Consultants TD 1319 North Sea Road Southampton, NY 11968 TD TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co. Name www.suffolkeountyny.gov/clerk Title# Suffolk County Recordimir & Endorsement Pa Lire This page forms part of the attached Declaration of Covenants made by: (SPECIFY TYPE OF INSTRUMENT) James D. Fry The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the TOWN of Southold Town of Southold In the VILLAGE Board. of 'Unisteess or HAMLET of Cut-_chcgue BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) MPORTANT NOTIC R If the document you've just recorded is your SATISFACTION OF MORTGAGE, please be aware of the following: If a portion of your monthly mortgage payment included your property taxes, *you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property tax statements. Local property taxes are payable twice a year: on or before January 10th and on or before May 31 st Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with -any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst, N.Y. 11757 Riverhead, N.Y. 11901 (631) 957-3004 (631) 727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town.Receiver of Taxes One Independence Hill Shelter Island Town Hall Farmingville, N.Y. 11738 Shelter Island, N.Y. 11964 (631) 45179009 (631) 749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton, N.Y. 11937 Smithtown, N.Y. 11787 (631) 324-2770 (631) 360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington, N.Y. 11743 Southampton, N.Y. 11968 (631) 351-3217 (631) 283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Street Islip, N.Y. 11751 Southold, N.Y. 11971 (631) 224-5580 (631) 765-1803 Sincerely, Judith A. Pascale Suffolk County Clerk 12-0104..06/06kd DECLARATION OF COVENANTS THIS DECLARATION made this Q y day of �ZfCevn b-�.r ,2011,by James D.Fry,residing at 8 Pebble Hill Drive,Northport,NY 11768,hereinafter referred to as"DECLARANT": WITNESSETH: WHEREAS, DECLARANT is the owner of certain real property located at 8045 Nassau Point Road, Cutchogue,Town of Southold, County of Suffolk, State of New York, described in the Suffolk County Tax Map as District 1000, Section 118, Block 4, Lot 8, and known as Lot No. 62 on "Amended Map A of Nassau Point Club Properties, Inc." filed in the Suffolk County Clerk's Office as Map No. 156 on August 16, 1922, which is more particularly bounded and described as set forth in Schedule "A" annexed hereto, hereinafter referred to as the Property; WHEREAS, the Property is situated on lands within the jurisdiction of the Board of Trustees of the Town of Southold (hereinafter the "Trustees") pursuant to Chapter 275 of the Town Code of the Town of Southold or its successor, and various activities conducted upon the property may thus be subject to the regulation and approval of the Trustees prior to being conducted; WHEREAS, the DECLARANT therefore made application to the Trustees for a permit pursuant to the Wetlands Law of the Town of Southold to undertake certain regulated activities;and WHEREAS, as a condition of the granting of a Wetlands Permit to undertake such regulated activities, the Trustees required that a thirteen-foot wide "nonturf buffer" be established and maintained along the landward edge of the bulkhead, NOW,THEREFORE,the DECLARANT does hereby covenant and agree as follows: 1) Upon the substantial completion of the aforementioned permitted activities there shall be established and subsequently maintained along the landward edge of the bulkhead on the subject premises a thirteen-foot wide"nonturf buffer"as defined by Chapter 275 of the Town Code; and s 9 y V 2) These covenants shall run with the land and shall be binding on the DECLARANT, his heirs, assigns, purchasers, or successors in interest and may be modified only upon resolution of the Board of Trustees. IN WITNESS WHEREOF,the owners have duly executed this instrument this iO day of 2011. James D.Fry STATE OF&(, `j oilk : ss: COUNTY On the day of C• 2-0 1 , in the year 2011,before me the undersigned,a Notary Public in and for said State, personally appeared James D. Fa personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual or the person on behalf of which the individual acted,executed the instrument. N Public ART1 MMITHIA Notary Pubilo,State of New York Qualified in Nassau County No.01MA6113195 My Commission Expires July 26,2012 2 SCHEDULE A ALL that certain plot,piece or parcel of land, with the building and improvements thereon erected, situate, lying and being at Nassau Point or Little Hog Neck,Town of Southold, Suffolk County, State of New York,known and designated as Lot 462 on a certain map entitled"Map of Proposed Sub-Division, Section B, Nassau Point Club Properties,Inc."situate on Nassau Point, Suffolk County,New York, surveyed by Wallace H. Halsey, C.E. Southampton,New York,June 1919,and filed in the Office of the Suffolk County, on the 4`h day of October, 1919, as Map#745. 3 MARTIN D.FINNEGAN - SCOTT A.RUSSELL TOWN ATTORNEY Supervisor martin.finnegan@town.southold.ny.us o�*rjF S�(/TyOI JENNIFER ANDALORO '` Q Town Hall Annex, 54375 Route 25 ASSISTANT TOWN ATTORNEY l P.O. Box 1179 Jennifer.andaloro@town.southold.ny.us va Southold, New York 11971-0959 LORI M.HULSE Q �� Telephone(631) 765-1939 ASSISTANT TOWN ATTORNEY lyIrou � Facsimile(631) 765-6639 lori.hulse@town.southold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Robert E. Herrmann l DEC 1 0 2011 :..;; December 9, 2011 Coastal Management Specialist 1319 North Sea Road Southampton,NY 11968 �` ',r; RE: James D. Fry,Wetlands Permit No. 7682 Dear Mr. Herrmann, I have reviewed the Declaration of Covenants draft you submitted to this office with respect to the above referenced applicants concerning the thirteen foot wide non turf buffer to be established and maintained along the landward edge of the bulkhead. The covenants and restrictions document must be executed and filed with the County pursuant to§275-10(I) of the Southold Town Code. Please note that a copy of this document or, in the alternative, a sworn statement attesting to the filing is to be presented to the Office of the Board of Trustees within 90 days of issuance of the permit. Regards, Lori M. Hulse Assistant Town torney Cc: Board of Trustees OFFICE LOCATION: OF SO!/�yo MAILING ADDRESS: Town Hall Annex P.O.Box 1179 54375 State Route 25 411 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY 11971 G Q Telephone: 631 765-1938 Fax: 631765-3136 couffm LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Jill Doherty, President L_: NOV l 4 2011 I(f '%C YTown of Southold Board of Trustee —° From: Mark Terry, Principal Planner Boa' VeeS R LWRP Coordinator Date: November 14, 2011 Re: Proposed Wetland Permit for JAMES D. FRY SCTM# 1000-118-4-8 En-Consultants on behalf of JAMES D. FRY requests a Wetland Permit to construct approx. 101 If. of vinyl bulkhead in place of existing timber bulkhead; construct +/-10' and +/-7' vinyl returns in place of existing returns; remove existing deck; construct 3' extension to existing TX 22' stairway (to be replaced as necessary); construct 4'X 7' steps to beach; and backfill with approx. 20 cy. clean sand from an upland source. Located: 8045 Nassau Point Rd., Cutchogue. SCTM#118-4-8 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 CONSISTENT with the LWRP review provided the following best management practices are-required if the action is approved: To further Policy 5: Protect and Improve Water Quality in the Town of Southold and Policy 6, Protect and Restore the Quality and Function of the Town of Southold Ecosystem it is recommended that the Board require a silt boom during construction. -it is recommended that the Board require that the applicant re-vegetate the backfilled areas with native, salt tolerant vegetation (landscaped buffer). In addition, it is recommended that the Board have the applicant clarify the methods of removing of the wood deck and construction methods to achieve the minimal disturbance of existing vegetation on the bluff. o.r iv. 3 2i„' a ,.2017 A1d'0.S:3Y! 3N!Len 1 AdYP.'4£9 1 FuzS B%ftU$jO1 I Qbgataur Ma I heb 1 TP.Onwhalvou Ihok Figure 1. Subject parcel. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney %Uf FD(,�CO Jill M.Doherty,President H - Town Hall, 53095 Main Rd. James F.King,Vice-President ,�, P.O.Box 1179 Dave Bergen ' Southold,NY 11971 Bob Ghosio,Jr. �fJa �� Telephone(631) 765-1892 John Brederneyer �' Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only Coastal Erosion Permit Application Wetland Permit Application Administrative Permit Amendment/Transfe tension 64eceived Application: L.--Received Fee: r� 7 - _,-Completed Application 10b&1Y Incomplete I T •� SEQRA Classification: Type I Type II Unlisted i j_E.� OCT 2 6 2011 _Coordination: (date sent) RP Consistency Assessment Form CAC Referral Sent: 10 --gate of Inspection: - _Receipt of CAC _Lead Agency Determination: _Technical Review: _L,!!�Public Hearing Held: Resolution: Name of Applicant JAMES D.FRY Address 8 PEBBLE HILL DRIVE,NORTHPORT,NY 11768 Phone Number: 631 495-6531 Suffolk County Tax Map Number: 1000 - 118-4-8 Property Location: 8045 NASSAU POINT ROAD,CUTCHOGUE (provide LILCO Pole #, distance to cross streets, and location) AGENT:EN-CONSULTANTS (If applicable) Address: 1319 NORTH SEA ROAD, SOUTHAMPTON,NY 11968 Phone:631-283-6360 1p� ioard of Trustees Applicedf r GENERAL DATA Land Area(in square feet):40,722 S.F. Area Zoning: R-40 Previous use of property: RESIDENTIAL,SINGLE-FAMILY DWELLING Intended use of property:NO CHANGE Covenants and Restrictions: Yes X No If"Yes", please provide copy. Does this project require a variance from the Zoning Board of Appeals Yes X No If"Yes",please provide copy of decision. Prior permits/approvals for site improvements: Agency Date No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: Project Description (use attachments if necessary): Construct approximately 101 linear feet of vinyl bulkhead in place of existing timber bulkhead;construct+/-10'and +/-7'vinyl returns in place of existing returns;remove existing deck;construct 3'extension to existing 3'x 22' stairway(to be replaced as necessary);construct 4'x 7'steps to beach;and backfill with approximately 20 cubic yards clean sand from an upland source,all as depicted on the project plan prepared by En-Consultants,dated October 20, 2011. `'oard of Trustees Applicati WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Maintain existing erosion control structure. Area of wetlands on lot: 0 square feet Percent coverage of lot: 0 01/6 Closest distance between nearest existing structure and upland edge of wetlands: N/A feet Closest distance between nearest proposed structure and upland edge of wetlands: N/A feet Does the project involve excavation or filling? No X Yes If yes, how much material will be excavated? N/A cubic yards How much material will be filled? +/-20 cubic yards Depth of which material will be removed or deposited: N/A feet Proposed slope throughout the area of operations: N/A Manner in which material will be removed or deposited: Approximately 20 cubic yards clean sand to be trucked in from an upland source and used as backfill landward of the new bulkhead. 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): The project entails the ordinary and routine maintenance of an existing shoreline structure,specifically the in-place replacement of an existing wood bulkhead with a vinyl bulkhead. The project thus seeks only to maintain existing conditions and will have no adverse impact on the adjacent tidal wetlands or waters of the Town. PROJECT ID NUMBER 617.20 SEQR APPENDIX C STATE ENVIRONMENTAL QUALIT. Iar;✓IEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1-PROJECT INFORMATION (To be completed by A 3,plicant or Project Sponsor) Jl,Aj' j I . )/ RISOR 2.PROJECT NAME EN-CONSULTANTS 3.PROJECT LOCATION: Municipality CUTCHOGUE County SUFFOLK 4.PRECISE LOCATION:Street Address and Road Intersections.Prominent landmarks etc-or provide map 8045 NASSAU POINT ROAD,CUTCHOGUE, TOWN OF SOUTHOLD, SCTM#1000-118-4-8 5.IS PROPOSED ACTION: ® New ❑Expansion ❑MDdification/alteration 6.DESCRIBE PROJECT BRIEFLY: Construct approximately 101 linear feet of vinyl bulkhead in place of existing timber bulkhead;construct+/-10'and+/-7'vinyl returns in place of existing returns;remove existing deck;construct 3'extension to existing 3'x 22'stairway(to be replaced as necessary);construct 4'x 7'steps to beach;and backfill with approximately 20 cubic yards clean sand from an upland source, all as depicted on the project plan prepared by En-Consultants,dated October 20,2011. 7.AMOUNT OF LAND AFFECTED: Initially 0.935 acres Ultimately 0.935 acres 8.WILL PROPOSED ACTION COMPLY�WITH EXISTING ZONING OR OTHER RESTRICTIONS? ®Yes ❑ No If no,describe briefly: 9.WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?(Choose as many as apply.) ®Residential ❑Industrial ❑Commercial ❑Agriculture ❑Park/Forest/Open Space ❑Other(describe) 10.DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(Federal,State or Local) ®Yes ❑No If yes,list agency name and permit/ approval: DEC,COE,DOS 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes ®No If yes,list agency name and permit/ approval: 12�S A R�LT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? u Yes No I CERTIFY THA THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/Sponsor Name ERT E.HERRMANN,COASTAL MANAGEMENT SPECIALIST Date:OCTOBER 24,2011 Signature If the action is a Coastal Area,and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment 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 617.6? If No,a negative declaration may be superseded by another involved agency. Yes 0 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 patter,solid waste production or disposal, potential for erosion,drainage or flooding problems? Explain briefly: C2. Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources;or community or neighborhood character?Explain briefly: C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly: 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: C5. Growth,subsequent development,or related activities likely to be induced by the proposed action?Explain briefly: C6. Longterm,short term,cumulative,or other effects not identified in C1-05? Explain briefly: C7. Other impacts(including changes in use of either quantity or t ge of energy? Explain briefly- D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA CEA? If yes,explain briefly; Yes M✓ No E. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If ves explain: ElYes a No PART III-DETERMINATION OF SIGNIFICANCE(To be completed by Agency) . INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important orother Mse 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;(e) geographic scope;and(f)magnitude. If necessary,add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part 1i was checked yes,the determination of significance mustevaluate the potential impact of the 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 EAF 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 Name of Lead Agency Date Jill M. Doherty. President Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signatu. Re ponsi I fficer in Lead Agency Signature of Preparer(If different from responsible officer)' �����yFFQ�►�-�a _ Jill M.Doherty,President -� Town Hall,53095 Main Rd. Bob Ghosio,Jr.,Vice-President ,+ P.O. Box 1179 James F.King 4 ' Southold,NY 11971 Dave Bergen �� ��T Telephone(631)765-1892 John Bredemeyer Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD --------------------------------------------------=------------ In the Matter of the Application of JAMES D. FRY COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING, I, Robert E. Herrmann , residing at/dba En-Consultants 1319 North Sea Road, Southampton, NY being duly sworn, depose and say: d� ` That on the ¢ day of '�i/i bM , 201(,T personally posted the property known as 8045 Nassau Point Road, Cutchogue, NY 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 November 1 2011 on or about 6:00 PM. Dated: (signature) Sworn to before me this 1,6th day of Nov 20 11 No ublic KIM H. STEPHENS NOTARY PUBLIC STATE OF NEW YORK COMMISSION N0 , 5015931 QUALIFIED IN .SUFFOLK COUNTY EXPIRES AUGUST ' 2 , 20�( NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: JAMES D.FRY SCTM#1000-118-4-8 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Construct approximately 101 linear feet of vinyl bulkhead in place of existing timber bulkhead;construct +/-10'and+/-7'vinyl returns in place of existing returns;remove existing deck;construct 3'extension to existing 3'x 22'stairway(to be replaced as necessary);construct 4'x 7'steps to beach;and backfill with approximately 20 cubic yards clean sand from an upland source,all as depicted on the project plan prepared by En-Consultants,dated October 20,2011. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 8045 NASSAU POINT ROAD,CUTCHOGUE 3. That the project which is subject to Environmental Review under Chapters 96,111 and/or 275 of the Town Code is open to public comment on: DATE: NOVEMBER 16TH,2011 @a,6:00 P.M. You may contact the Trustees Office at 765-1892 or in writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. JAMES D.FRY PROPERTY OWNERS NAME: 8 PEBBLE HILL DRIVE MAILING ADDRESS: NORTHPORT,NY 11768 PHONE#: 631-495-6531 AGENT: EN-CONSULTANTS MAILING ADDRESS: 1319 NORTH SEA ROAD,SOUTHAMPTON,NY 11968 PHONE #: 631-283-6360 Enc: Copy of sketch or plan showing proposal for your convenience. I -IOF OF MAILING OF NOTICE A ,_ _LCH CERTIFIED MAIL RECEIP',, Name: Address: \ CAROLINE&DOUGALL FRASER 7955 NASSAU POINT ROAD GERALDINE M FRASER QUALIFIED PERSONAL CUTCHOGUE,NY 11935 RESIDENCE TRUST ELVIRA&JOHN ALOIA 39 NASSAU BOULEVARD GARDEN CITY,NY 11530 ROBERT STURDY 270 JERUSALEM ROAD COHASSET,MA 02025 MARIA&PHILIP BUFFA 140 ROXBURY ROAD GARDEN CITY,NY 11530 STATE OF NEW YORK COUNTY OF SUFFOLK ROBERT E.HERRMANN doing business at EN-CONSULTANTS 1319 NORTH SEA ROAD SOUTHAMPTON,NY 11968 , being dLAy swum, deposes and says that on the 2nd day of NOVEMBER )20 11 , 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 their respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at SOUTHAMPTON , that said Notices were M _filed to each of said persons by (certified) mail. ROBERT E.HERRMANN COASTAL MANAGEMENT SPECIALIST Sworn to before me this 2nd KIM H . STEPHENS day of NO MBER- ,2011 NOTARY PUBLIC STATE OF NEW YORK COMMISSION NO . 5015931 _jc_ )_ QUALIFIED IN SUFFOLK COUNTY otary ub c EXPIRES AU6UST 2 , 20/_,/_3 a A Postal y U.S. Postal ServiceT,,., RECEIPT f , ,Ul (Domestic Mail Only;No Insurance coverageProvided) _n (Domestic Mail On Postage $ Ju. 1 °� C3 Nov "A CO Postage $ r 1tlU `�. Certified Fee y 7F ,✓ ^� :.r. , . C3 `�r`k �F�°5tm�r�C �',' � p Certified Fee Return Receipt Fee wt"�4 oy% "� a E3 �^ O (Endorsement Required) _rler�_A`}, a' Return Receipt Fee Postmark f 1 q,� v 1,Nf� I3 (Endorsement Required) s >, a Restricted_Delivery Fee __, p (Endorsement Required) Restricted Delivery Fee #y p t r r b p— (Endorsement Required) ) a\'� Total PostaEr ge" -- s Caroline&Dougall Fraser M Total Postar o sent To Geraldine M.Fraser Qualified Q sent To Elvira&John Aloia C3 Street,Apt.No.; Personal Residence Trust r- h- or Po Box No. 7955 Nassau Point Road o street,ApEN 39 Nassau Boulevard city 9iaie,-ziA Cutchogue,NY 11935 i i M1 or Po Box Nc Garden City,NY 11530 city s�ie,-zi - :rr r N PIED,- EGE y IPT m I r -stib NqH;On1yj,No Insurance CoverageProvided) fflbmestid,Mail i . - Coverage Provided) r 0 ag.11, rq O r z - q ) k " C3t Postage $ r f/ ' " C3� f�v.: CO0 Postage $ Certified Fee p t G( Certified Fee p ostmark gg Return Receipt Fee +, �rq� t Q ostmark,rl (Endorsement Required) Here } 0 Return Receipt Fee °,q�� 'Here p f ,' �� , (Endorsement Required) Restricted Delivery Fee m „r t 4 yryj- p d Restricted DeliveryFee r' (Endorsement Required) p (Endorsement Reuired) " Er Er w m O Total P `—"' - m Total Post G Sent To Robert Sturdy ;o sent To r-1 270 Jerusalem Road Maria&Philip Buffa C3 Sireef,) O -sh-eei,Api 140 Roxbury Road [ti or Po B Cohasset,MA 02025 __; � h- or PO Box I Garden City,NY 11530 city,Sts B, 3 of Trustees Application AUTHORIZATION (where the applicant is not the owner) I, -1•e-j �• resng at - idi a s �PSR w (print owner of property (mailing address) i'"fn Cc �'c4o of Wf- do hereby authorize (Agent) �U t�Su lS to apply for permit(s)from the Southold Bohr o Town Trustees on my behalf. 1' O er's signature) B, 3 of Trustees Application County of Suffolk State of New York BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE THE APPLICANT FOR THE ABOVE DESCRIBED PERMITS)AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF,AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S),IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Signature SWORN TO BEFORE ME THIS DAY OF N1 u fl J ,20IL DIANA L. MOOERS Notary Public-State of New York No.01 M06204555 Qualified in Suffolk County My Commission Expires April 20,20� - Notary Public 4 ' APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. JI YOUR NAME: (LL name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee JL Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other",name the activity.) Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest."Business interest"means a business, including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted th' � 0 20p/ Signature Print Name FWC Form TS I 1 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1, All applicants for perm its' including Town of Southold agencies, shall com plete this C C A F for proposed actions that are subject to the Town of Southold W aterfront Consistency Review Law , This assessm ent is intended to supplem ent other inform ation used by a Town of Southold agency in m a k in g a d e t e r m in a t i o n o f c o n s i s t e n c y. *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). 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 ACTION SCTM# 118 - 4 _ 8 PROJECT NAME JAMES D.FRY The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees 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: Construct approximately 101 linear feet of vinyl bulkhead in place of existing timber bulkhead;construct+/-10'and+/-7'vinyl returns in place of existing returns;remove existing deck;construct 3'extension to existing 3'x 22'stairway(to be replaced as necessary); construct 4'x 7'steps to beach;and backfill with approximately 20 cubic yards clean sand from an upland source,all as depicted on the project plan prepared by En-Consultants,dated October 20,2011. Location of action:8045 NASSAU POINT ROAD,CUTCHOGUE Site acreage: 40,722 S.F. Present land use: RESIDENTIAL,ONE-FAMILY DWELLING Present zoning classification: R-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant:JAMES D.FRY (b) Mailing address: 8 PEBBLE HILL DRIVE NORTHPORT,NY 11768 (c) Telephone number: Area Code 631-495-6531 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No ® If yes, which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ❑Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III- Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No ® Not Applicable y 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 The existing,developed site has been improved with and supported and protected from flooding and erosion by a bulkhead at the toe of the embankment since prior to 1977,and the project seeks to maintain this existing condition through the ordinary and routine in-place replacement of the bulkhead. There is no viable non-structural alternative means of maintaining and protecting the vegetated embankment and upland portion of the parcel in its current location. Therefore,the project is consistent with Policy 4 to the extent this policy can be applied to the in-place replacement of an existing bulkhead. 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 ❑ Not Applicable The project is consistent with Policy 5 to the extent that the existing treated timber bulkhead will be replaced with a bulkhead constructed with vinyl sheathing. 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 ® Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes [:] No® 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 ® 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. ® Yes ❑ No❑ Not Applicable Insofar as Policy 9 can be applied to the current project,the project is consistent with Policy 9 because the existing bulkhead in no way impedes or precludes public access along the subject shoreline. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's wo' de endent uses and promote sitin 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 III - Policies; Pages 57 through 62 for evaluation criteria. ❑Yes ❑ No® Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No ® 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 TITLE COASTAL MGMT SPECIALIST DATE 10/23/11 ROBERT N.BERRMANN Amended on 811105 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax:MEN-CONSULTANTS www.enconsultants.com 3-6136 ENVIRONMENTAL CONSULTING October 25,2011 l I Town of Southold Board of Trustees 54375 Main Road °_ �;+ OCT 2 G 2011 Post Office Box 1179 P Southold New York 11971 ` Souf"old Tc;!jn � Attn.: Lauren Standish �Bczrd 0; Tru,strFs Re: James D.Fry 8045 Nassau Point Road, Cutchogue SCTM#1000-118-4-8 Dear Ms. Standish: In regard to the above referenced property,enclosed are the following for the Board of Trustees review: 1. Three(3)Wetland Permit Applications including: a) Short Environmental Assessment Form; b) Authorization&Disclosure Forms; c) project plans; and d) survey. 2. One(1)set of site photographs. 3. Application fee of$250.00 wetlands. 4. Three(3)LWRP Consistency Assessment Forms including: a) project plan. I trust this information shall allow you to process our permit request. Should any additional information be required,please do not hesitate to contact our office. Since ely, Roe . Herrmann Coastal Management Specialist /khs Enc.