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TR-7706
James F.King,President p�OgUFF�(�-`'OG Town Hall,53095 Main Rd. Bob Ghosio,Jr.,Vice-President o� P.O.Box 1179 Dave Bergen o Southold,NY 11971 John Bredemeyer t5A • � Telephone(631)765-1892 Michael J.Domino �P,'� `a� 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 1st day of construction % constructed Project complete, compliance inspection v".-.••r�rrr ..�.. °:� .•• C'i� �Ca\ ♦r.z..... -CCii •.. E�,.• •C.• � ,.. � Q (=1l 1 111 r , i 1 (1'� °• � °C�♦ •�r.r�'i- a+�1./ - „wcxmmmxamea. 4 J 4` a IRN BOARD OF SOUTHOLD TOWN TRUSTEES ; ' 11 SOUTHOLD,NEW'YORK " = PERMIT NO. 7706 DATE: JANUARY 18, 2012, =r ISSUED TO: ELLEN F. EMERY PROPERTY ADDRESS: 5925.NASSAU POINT ROAD, CUTCHOGUE 11 ti, s SCTM# 111-13-6 AUTHORIZATION ~ Pursuant to the provisions of Chapter 275 of the Town Code, f,the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at,the meeting held on January 18,2012,and 1\ in consideration of application fee in the sum of$250.00 paid by Ellen F.Emeryand subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: rrr;/r z. Wetland Permit to construct"a 32 square foot observation platform in conjunction with the existing stairway system; and as depicted on the site plan • prepared by Ned Harroun, last dated January 12, 2012, and stamped approved on January 18, 2012. IN WITNESS WHEREOF,the said Board of Trustees hereby causes.its:Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. �VV 44or'� aj14n ev .tr ca _ f, Dave Bergen - Abstained ss•.l� ..II. s fVGf (/jji m � 1. �_ l 1L.. �! � 1\.., aii - 1���`�`�."' __ .•rI,/, 1 i� rCr 11 11 a� �• �. 1 � . �.. ':�.) 11iw+,„�- n.:„.�:/.rr�a V,° ... 7....�:ilrll (NN. �: ._ ';z.... r)♦ ./.��!'�.4 �s.rl 1..�'t "rli 1 ill =ems r / 1:� ,� .. ....-./! r.. -.._ ...:;. n. t..._ ,� °•,.....,,•cam:. ,.;.,'�" -c:A:.:�° - TERMS AND CONDITIONS The Permittee Ellen F. Emery, residing at 5925 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 pennit, and the said Permittee will, at his or her own expense,defend any and all such suits initiated by third parties,and the said Permittee assumes full liability with respect thereto,to the complete exclusion of the Board of Trustees of the Town of Southold. 2. That this Permit is valid for a period of 24 months,which is considered to be the estimated time required to complete the work involved,but should circumstances warrant,request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely,or as long as the said Permittee wishes to- maintain the structure or project involved, to'provide evidence to anyone concerned that authorization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation,the said Permittee will be required,upon due.notice,to remove or alter this work project herein stated without expenses to the Town of Southold. 8. That the said.Board'will be notified by the Pennittee of the completion of the work authorized. 9. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. James F.King,President SOUTH, Town Hall Annex Bob Ghosio,Jr.,Vice-President ,`O� Ol0 54 Main Road P.O..Box 1179 Dave Bergen Southold,New York 11971-0959 John Bredemeyer N G p� Telephone(631) 765-1892 Michael J.Domino 'O Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD January 18, 2012 Richard F. Lark, Esq. Lark & Folts, Esqs. P.O. Box 973 Cutchogue, NY 11935 RE: ELLEN F. EMERY 5925 NASSAU POINT ROAD, CUTCHOGUE SCTM# 111-13-6 Dear Mr. Lark: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, January 18, 2012 regarding the above matter: WHEREAS, Lark & Folts, Esqs. on behalf of ELLEN F. EMERY 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 December 23, 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 January 18, 2012, 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 ELLEN F. EMERY to construct a 32 square foot observation platform in conjunction with the existing stairway system; and as depicted on the site plan prepared by Ned Harroun, last dated January 12, 2012, and stamped approved on January 18, 2012. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of$50.00 per inspection. (See attached schedule.). Fees: $50.00 Very truly yours, J mes F. King President, Board of Trustees JFK/eac AMP "1 • ` r%r�1'r I!N11 L�E1 111711,111'N 7a ll1 `, S�� LIIINllllllllillllllllllllllllllfll_ . �r� . A■in 11312ii.iiiIiiii�liii�riiiYi�1W _ mail, `/ �'` \ " � •..+ , • " '`'ter , " s: Lai f i 1 � -_ - James F. King, President �EFO( -Co Town Hall Annex Bob Ghosio,Jr.,Vice-President ,�� Gy 54375 Route 25,P.O. Box 1 179 Dave Bergen y Southold,NY 11971 John Bredemeyer �y Telephone(631)765-1892 Michael,J.Domino �O Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: ELLEN F. EMERY Please be advised that your application dated December 23, 2011 has been reviewed by this Board at the regular meeting of January 18, 2012 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) '/2 Constructed ($50.00) XX 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: Final Inspection Fee - $50.00' TOTAL FEES DUE: $ 50.00 BY: James F. King, President Board of Trustees I ���g�fFO�►,�C O Peter Young,Chairman y - Town Hall,53095 Main Rd. Lauren Standish,Secretary w P.O.Box 1179 �►+ Southold,NY 11971 ' Telephone(631)765-1892 1 [ '� Fax(631)765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., January 11, 2012 the following recommendation was made: Moved by Peter Young, seconded by Doug Hardy, it was RESOLVED to NOT SUPPORT the Wetland Permit application of ELLEN F. EMERY to construct a 32 sf..observation platform in conjunction with the existing stairway system. Located: 5925 Nassau Point Rd., Cutchogue. SCTM#111-13-6 Inspected by: Peter Young The CAC does Not Support the application due to insufficient information. Vote of Council: Ayes: All Motion Carried pSUFFO(,� Jill M.Doherty,President P.O.Box 1179 Bob Ghosio,Jr.,Vice-President �� Gyp Southold,NY 11971 James F.King y Telephone(631 765-1892 Dave Bergen Fax(631)765-6641 John Bredemeyer oy !� Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: /////22- ELLEN F. EMERY requests a Wetland Permit to construct a 32 sf. observation platform in conjunction with the existing stairway system. Located: 5925 Nassau Point.Rd., Cutchogue. SCTM#111-13-6 Type of area to be impacted: _Saltwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland Pof Town Code proposed work falls under: of Town Chapt. 111 other Type of ApplicationWetland _Coastal Erosion _Amendment —Ad ministrative_E merge ncy Pre-Submission Violation Info needed: Modifications: Conditions: .Sc.-6v � /�evilar.� � . r Pre ✓ i% ��� sent Were. J. King B. Ghosio D. Bergen,-�'� ✓J. 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',,,�j .�� 17�.J•TI"•�< a •_• ��, • • t v ` E rr w Ak r r Y i 1 `'jam k f �� r _ RealPropey , rwrexixs '� rrtEx b yw..u_ ---_—_ M—uu. —res-- � rm Wefoutualrm'i.xwr° I�• � E 1 m • S st (st) _ E o.,.�.,.u.. . .-.bo—w--•-- ,n„ m ..,nn.,u :sw.morEannzeExncEnrtwc+ '. .. n>. ...€# - ' oszsee \ "" ,6 �~ tBY� z � e k 'h,y � te,(q 'tpH°t • n�-x+w �\� n'� +� a y• sExre � '''°-' --: •y P b '� 'bat, F .\ - m�.n.00 -_�� .: x•+ ,ei +' z 2 I a �j b° +' � f of 5• *�q ,-''-• s.,' ,z.a-0o an \\ 'f.. ,�" nF c:$ " � za �'^P,e tB � � e> •' o.o0ee � \� _-a, ,s a i.}n txz � �h,., o .:, 5 Rt � ,..�z Ba • �. ,o-moe �4ry. �. m., ,Or ,,ems' ��p � ,� �^ n� ♦e - p1 a„ t, NP t \ ,e � M 5 1pMc1 & -'�f �' M w• ,e / ''2fHU-' "lt' � ♦'�Nt? � .. C-Ir F_ „ 1 ,} 4� rz e--- a ,e Q ,.eHa •c �,.p ',/�' I, TL 'J ?• ,N1 � �RONa/ A, 5.6.. e -• s •-- ::�_- C -"-139.1 271 0. m �m NNOo.zbvo i.u. r <� �1.� 3Gi.D.g ^ e• --�----uNF- e x <.Q a SECTION NO g COUNTY OF SUFFOLK © NoncE Real Property Tax Service Agency wnty GnasBMslw•C.M,NM, M t A ,M pNOPERT'r MI,P F .._..a.�e� —_�_— .r�•oru. _ nnMN� fv+vnoxn,r AERIAL PHOTOGRAPHS EASTERLY SIDE OF NASSAU POINT SCALE: 1/400 FLOWN SPRING, 2010 Photographs are numbered 1 through 16, with Number 1 starting at the Southerly tip of Nassau Point and ending with Number 16 at the Nassau Point Causeway. (Photograph Number 9 shows the Emery property.) OFFICE LOCATION: ��QF SO(/ryO MAILING ADDRESS: Town Hall Annex �Q �� P.O.Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY 11971 co Telephone: 631 765-1938 Fax: 631 765-3136 �OlyCOU01 �� LOCAL WATERFRONT;REVITALIZATION PROGRAM TOWN-1-OF SOUTHOLD MEMORANDUM 'AN 117 2012 To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: January 17, 2012 Re: Proposed Wetland Permit for ELLEN F. EMERY SCTM#1000-111-13-6 Lark & Folts, Esqs. on behalf of ELLEN F. EMERY requests a Wetland Permit to construct a 32 sf. observation platform in conjunction with the existing stairway system. Located: 5925 Nassau Point Rd., Cutchogue. SCTM#1 11-13-6 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 denoted following Policy Standards and therefore is CONSISTENT with the LWRP provided the following: 1. It is recommended that a more detailed restoration plan (species, spacing and survivability) be submitted for the "cut area" show on the third sheet titled "Site Plan of Stairs and Proposed Platform" 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 Office Use Only Soastal Erosion Permit Application _✓✓Wetland Permit Application Administrative Permit __- Amendment/Transfer/Extension . ,,-leceived Application: DN 11 ✓Received Fee:$ ;_; DEC 2 3 2011 ompleted Application _Incomplete SEQRA Classification: BO�FCi l:: iF�" Type I Type II Unlisted LZ _Coordination:(date sent) ,!�lJ RP Consistency Assessment Form 1� a C Referral Sent: i�Rj I 11 Hate of Inspection: 1 Receipt of CAC Report: _Lead Agency Determination: Technical Review: �blic Hearing Held: Resolution: Name of Applicant Ellen F Emery (Trustee of the Ellen F. Emery 1999 Revocable Trust) Address 121 'Somerset Avenue, Garden City, New York 11530 Phone Number:( ) (516) 746-4038 Suffolk County Tax Map Number: 1000- i 1 00-t 3.00-006.000 Property Location: 5925 Nassau Point Road, Cutchogue, New York, 11935 590' northerly of the intersection of Wunneweta Road with Nassau Point Road. (provide LILCO Pole#, distance to cross streets,and location) AGENT: Lark & Folts, Esqs. (Richard F. Lark, .E6q. and Mary Lou Folts, Esq.) (If applicable) Address: 28785 Main Road, P. 0. Box 973,. Cutchogue, New York 11935 Phone: (631) 734-6807 �`11 Bo�:;..;... of Trustees Application � GENERAL DATA Land Area(in square feet): 83 acres (35 900+ square feed Area Zoning: R-40 (Residential Low Density) Previous use of property: One-family dwelling Intended use of property: One-family dwelling 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. Will this project require any demolition as per Town Code or as determined by the Building Dept. Yes X No Prior permits/approvals for site improvements: Agency Date NYS DFC December 7, 1991. NYS DEC September 14, 1992 NYS DEC January 25, 1993 . Southold Towfii-Trustees January 14, 1993 Southold Town Trustees September 14, 2011 (Pending) 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: N/A Project Description(use attachments if necessary): Construct a 32 sq. ft. observation .platform in conjunction with the existing stairway system. (See annexed letter of Ellen Emery dated December 23, 2011, with attachments: Ned Harroun's letter dated December 7, 2011; diagram of proposed project; and aerial pbotoRrn bq of the easterly side of Nassau Point.) Boarcu of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: To replace the view lost by reducing the size of the existing deck on the premises to 32 square feet. Proposed work is to be accomplished in the Spring of 2012. Area of wetlands on lot: _p_ square feet Percent coverage of lot: -0- % Closest distance between nearest existing structure and upland edge of wetlands: 40 ± feet • Closest distance between nearest proposed structure and upland edge of wetlands: 30 + feet Does the project involve excavation or filling? X No Yes If yes,how much material will be excavated? N/A cubic yards. How.much material will be filled? N/A cubic yards Depth of which material will be removed or deposited: N/A feet Proposed slope throughout the area of operations: No change to existing 5V slope. Manner in which material will be removed or deposited: No material will be deposited or removed. 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): None Board of Trustees Application COASTAL EROSION APPLICATION DATA Purposes of proposed activity: To replace the view lost by reducing the size of the existing deck on the premises to 32 square feet. Are wetlands present within 100 feet of the proposed activity? No X Yes Does the project involve excavation or filling? X No Yes If Yes,how much material will be excavated? None (cubic yards) How much material will be filled? None (cubic yards) Manner in which material will be removed or deposited: None Describe the nature and extent of the environmental impacts to the subject property or neighboring properties reasonably anticipated resulting from implementation of the project as proposed, including erosion increase or adverse effects on natural protective features. ( se attachments if necessary) None LARK& FOLTS - Attorneys at Law 28785 MAIN ROAD J PO BOX 973 2��2 ` CUTCHOGUE,NEW YORK 11935 ¢ '' ' t . ------------------------------------- i 4F it Tele. No. (631) 734-6807 4n;,,;.i ,;, .:•,,.r' -_._.__ Fax No. (631) 734-5651 E-mail: LarkandFolts@aol.com RICHARD F. LARK January 17, 20'12 MARY LOU FOLTS Southold Town Board of Town Trustees 54375 Main Road P.O. Box 1179 Southold, NY 11971 RE: Application of Ellen F. Emery (Trustee of the Ellen F. Emery 1999 Revocable Trust) SCTM #1000-111. 00-13 . 00-006. 000 Gentlemen: In connection with the above-captioned matter, I am enclosing the green signature cards from the certified mailings . Also enclosed is the Affidavit of Posting. Very truly yours, r�/� � ��i/�s iiv✓'` t chard F. Lark RFL/bd Enclosures �s Jill M. Doherty,President y Town Hall,53095 Main Rd. Bob Ghosio,Jr.,Vice-President P.O. Box 1179 James F.King G ' `�' Southold,NY 11971 Dave Bergen y'�� ��� Telephone(631)765-1892 John Bredemeyer Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD 7 2012 BOARD OF TRUSTEES: TOWN OF SOUTHOLD + --------------------------------------------------------------- .,. . _, In the Matter of the Application of ELLEN F. EMERY COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING 1, RICHARD F. LARK ,-residing at-/dba Lark & Folts, Esgs. being duly sworn, depose and say: That on the.8thday of January , 201Z I personally posted the property known as 5925 Nassau Point Road, Cutchogue, New York 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.January 18, 2012 on or about 6:00 PM. Dated: January- 17 2012 (si ature) Richard F. Lark Sworn to before me this 17th day of Jan.20 12 �;L�anY�t,et Cd� Notary Public gppgp,M D1AWUN Notary Publfe,Step of Now York No 01 D14635190.SUW*Co mty ON Fxplres Oct.31, APPLICATION OF ELLE] EMERY 1000-111 . 00-12 . 00-005 . 004 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X i` ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. ate o Deli ry ■ Attach this card to the back of the mailpiece, !/ or on the front if space permits. /e, l D. Is delivery address different from item 1 ❑ s 1. Article Addressed to: If YES,enter delivery address below: ❑ Barbara Fontana Koch 6030 Nassau Point Road Cutchogue NY 11935 3. Service Type 0 Certified Mail ❑Express Mail ❑ Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service label) 7 010 1670 0002 1169 4476 PS Form 3811,February 2004 Domestic Return Receipt 102565=02 1540" A ,.A N 1 7 2012 1000-111 . 00-12 . 00-005 . 005 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signatur item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B. Received b y(rinted Name) C. D t`of D li (/�� ve ■ Attach this card to the back of the mailpiece, , or on the front if space permits. D. Is delivery address different from Rem 1? ❑Yes, 1. Article Addressed to: If YES,enter delivery address below: ❑ No Curt Koch 6030 Nassau Point Road Cutchogue NY 11935 3. Service Type IN Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7 010 16 7 0 0002 116 9 4 513 (Transfer from service label 1 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 I 1000.-111. 00-13. 00-005 . 000 COMPLETE •N COMPLETE THIS SECTION ON ■ Complete items 1 '2'"and 3.Also complete A.`SIjgnature item 4 if Restricted Delivery is desired. T2'Agent X ❑Addressee ■ Print your name and address on the reverse zo that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card,to the back of the mailpiece, t 1 or on the front if space permits. ' D. Is delivery address different from Rem 11 ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No Daniel P Orlando Sandra L Orlando 30 ,11illcrest Drive Pelham Manor NY 10803 3. Service Type M Certified Mail ❑ Express Mail ❑Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number j 7 010 ,.16 7 0 0002 11 169 4 5 3 7. . (Transfer from service label PS Form 3811,February 2004 Domestic Return Receipt, _ 102595-02-M-1540 d Page 1 of 2 APPLICATION OF ELLE1 EMERY I 1000-111 . 00-13. 00-007 . 000 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY i ■ Complete items 1,2,and 3.Also complete A. Sigh—a-11re item 4 if Restricted Delivery Is desired. ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we Can return the Card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. - —" 1. Article Addressed to: D. Is delivery address different from-itertY If YES,enter delivery/.dcjress below: 'pia o Krupski Family Limited Q= Partnership £ r 1 95 Laurel Hill Road Northport NY 11768 3. Service Type j7 Certified Mail ❑Express-M is I ❑ Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑'C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (transfer from service label) 7 010 16 7 0 0002 1169 4 5 2 label) _ j I PS Form 38;1;1,t February'2gI)'4: i i Domestic Return Receipt i s ; ! i 102595-02-M-1540 S i it?! ( tt: i iii Itilti t? Etttt t4i i } P I_. ,BAN 1 7 2012 y- i I II I Page 2 of 2 LARK& FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE,NEW YORK 11935 ------------------------------- JAst 3 2012 Tele. No. (631) 734-6807, } Fax No. (631) 734-5651 - E-mail: LarkandFolts@aol.com eFs RICHARD F. LARK January 12, 2012 MARY LOU FOLTS Southold Town Board of Town Trustees 54375 Main Road P.O. Box 1179 Southold, NY 11971 RE: Application of Ellen F. Emery (Trustee of the Ellen F. Emery 1999 Revocable Trust) SCTM #1000-111. 00-13 . 00-006. 000 Gentlemen: In connection with the above-captioned matter, I am enclosing the Proof of Mailing of Notice with attached certified mail receipts. Very truly yours, Richard F. Lark RFL/bd Enclosure PROOF OF MAILING OF NOTICE JAN 13 2012 ATTACH CERTIFIED MAIL RECEIPTS !'' Name: Address: Barbara Fontana Koch 6030 Nassau Point Road, Cutchogue, NY 11935 Curt Koch 6030 Nassau Point Road, Cutchogue, NY 11935 Daniel P Orlando Sandra L Orlando 30"'Hillcrest Drive, Pelham Manor, NY 10803 Krupski Family Limited Partnership 95 Laurel Hill Road, Northport, NY 11768 STATE OF NEW YORK COUNTY OF SUFFOLK BARBARA DIACHUN ,residing at 875 School House Road, Cutchogue, New York ,being duly sworn, deposes and says that on the 9th day of January ,20 12, deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite there respective names;that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Office at Cutchogue, New York ,that said Notices were mailed to each of said persons by CERTIFIED MAIL/RETURN RECEIPT. Li4ii,-) Barbara Diachun Sworn to before me this 12th Day of January—,,20 12 `otary Public Not ry Puublic, t9 of NoLOU w € York No 01F01000258.Su,01,k Count] Commission apim,mar.80;J? IS APPLICATION OF ELLS: _,. :?. EMERY 1000-111. 00-12 . 00-005. 004 le I CERTIFIEDMAIL RECEIPT I f , Ct�f3k10� 09*. f A -° $0.44 0935 JAN 13 2012 Postage s Certified Fee $� ru p er rk r O Return Recel t Fee $ C p (Endorsement Required) C3 ate Restricted Delivery !e� v`/ y O ( Required) q r` $5. . 01l0 ..a Total Postage&,Fees ;� 0 r� Sent To o Barbara Fontana Koch 1- ------•-FF--•-----------------------------------•--............._...------------------ � Street,Apt.Na.; r` or PO Box No. 6030-Nassau_Point Road,....•........... CIry,State,ZIP+4 Cutchogue NY 11935 1000-111. 00-12 . 00-005. 005 I CERTIFIED .� MAIL, RECEIPT rrl r , InSttrance Coverage Provider) 1� u•I _ r r s @ I' L ' rA Postage $ $0.44 09 r=1 Certified Fee $2.85 ru Po n O Return Receipt Fee $2•301- co y O O (Endorsement Required) C:3 Restricted DeliveryFee Q v- C • �. rs � (Endorsement Required) � .S I>> r` $5.5 01' 201 �111 Total Postage&Fees r:1 I 0 Sent To Curt Koch Street,Apt.No.;• -- r- or Po Box No. 6030 Nassau Point Road --------------- - ---------------------------------------------------------- City,State,ZIP+4 Cutchogue NY 11935 1000-111. 00-13 . 00-005 . 000 U.S. Postal Servicohim CERTIFIEDMAILT- RECEIPT m (Do • r - overage Ln t, bi l '' a.atiu. rl Postage $ $0.44 9 1� ru Certified Fee 9` $2.85 03 _ �G M Return Receipt Fee $2r30 z'`or aHere'- n ` M (Endorsement Required) Restricted Delivery Fee $0.00 Q' f 3 (Endorsement Required) GAL a�G) Tot al;Po$tage;&;Fees. $5.59 01 r� LTognj el 8r�aTn1Q0Ln ra - - -- ---- - -- C30 Hillcrest Drive 4PelhamManor NY 10803 01. Page 1 of 2 APPLICATION OF ELLS',. ?. EMERY 1000-111. 00-13 . 00-007 . 000 P® I Ln - 1176$`' Postage $ $0.44 f!°ru Certified Fee stark Return Receipt Fee $2.30 ,r Jy� r O (Endorsement Required) pi 7 3 S to 2�1z Restricted Delivery Fee Ili I';.�'$b.(� "d r (Endorsement Required) t` f'� h r` $5.59' 01/4 6�� Tdtal-Postage&Fees s Sent To o Krupski Family Limited Partnership a - ------- - ------------- ------ -- 0 Street,Apt.No.; . or PO Box No. 95 Laurel Hill Road ------------------•-•------------•---------------------------------------------------- City,State,ZIP+4 Northport NY 11768 :er �S, ee. is a .s I Page 2 of 2 Town of Southold Erosion, Sedimentation A Storm-Water Run-off ASSESSMENT FORM 'of PROPERTY LOCATION: S.c.T.M.s: THE FOLLOWING ACTIONS MAY REQUIRE THE SUBMISSION of A. ig '1 STORM- TER.ORADINB,BRAINAO AND EROSION CONTROL.PLAN 0 on -g or CERTIFIED BY A MIGN PROFEBSiumAL 1N Tltt'c•9=of N ORIL SCOPE OF WORK - PROPOSED CONSTRUCTION rmm# / woRK ASSESSMENT' Yes No a. What is the Total Area of the Project Parcels? ' Will this Project Retain All Storm-Water Run-6 f (Include Total'Area of all Parcels located within 32 s q. f t. Generated by a Two(2')Inch Rainfall an Sim? the Scope of Work for Proposed Construction) Is F r�) (This hem will include all run-oft created by site El b. What is the Total Area of Land Clearing clearing and/or construction activitiesas well as ail --- and/or Ground Disturbance forthe proposed 10 sq. f t. Site Improvements and the permanent cmdon of construction activity? (9.F.I Raul Impervious eudeces.) PROVIDE B>�F1► PRO)FCr DESC1 EMON p,rar eAmonel P.enerradrol Z Ddes the Site Plan and/or Survey Shaw All Proposed rxi Drainage structures Indicating Size 8 Location?This Item shall Include all Proposed Grade Changes and Construction of a 32 square foot Slopes Controlling SurfacewetWFlow. 3 Does the Site Plan and/or Survey describe the erosion lower observation deck attached to and sediment control practices that will be used to control site erosion and st&m water discharges. This the existing iirway system. hem must be maintained throughout the Erdim Construction Period. 4 Will this Project Require argr Land Filling,Grading or Excavation where there is a change to the Natural Existing Grade Involving more than 2D0 Cubic Yards _ X of Material within any Parcel? 5 Will this Application Require Land Disturbing Activities a Eneompaseing an Area In Excess of Five Thousand g (5,000 S.F.)Square Feet of Ground Surface? 6 Is there a Natural Water Course Running through the Site? Is this Project within the Trustees ludsdlctleon % General DEC 5WPPP Rowhamonts: orwhhfn One Hundred(10(F)thet of a Wetland or El Submisolon of a SWPPP Is required for all Conslnrotlar adiviles hvWng sdl Beach? dhturbanoss of one(1)or more sea;lnduding dismr woo of rsa then one eors That 7 Wr9 there be Site preparation on E*dng Grade Slopes ate port of a larper common plan that wit Wtlmebly dlsbmb one armors acres of land: which Exceed Fifteen(15)feet of Vertical Rise to Indudhg Consbucson adMtla Invabing Boll distu boraces of loss than one(1)acre where One Hundred(109)of Horizontal Distance? X the DEC has determined that a SPDES permit is required for at=water disdarpa. (SitYPPP's Strait mat the KnImum Requirements of the SPUES Gsnarsl P4rmR S Will Driveways,Parking Areas or other Impervious for Storm water Dleduna ham construction s rift-Pemdt Na GP-040.1101.) Surfaces be Sloped to Direct Stonn-Wemr Run-Off 1.The SWPPP shall be prepared prior to the subrrM of the NO1.Ths NO)shall be Into and/or In the i9nection of a Town right P&W submitted to the Department.pdorto becomrnenoementcfoonsWogon salMty. 2.The SWPPP shoe desatbe the aroslon and sediment control preoticas and where 9 Will this Project Require the Placement of Material, required,post-0omtmodon storm water management pnxdlda that wAl be used andlor Removal of Vegetation and/or the Construction of anyEl-eonobvcted to reduce the polluunis in storm water dtsdrarges and to assure Item Within the Town RighEef-Way or Road Shoulder x compliance with the terms and condlions of this permit.In addiso o,the SWPPP ahai Area?Mae rem won rrorn,.tud.ft ast.Mm ofou•e ey Apr anal l IdsMRy potential sauces of Pollution which may ressonably be"acted to affect to quality of atomi water dbcharyes. NOTE: NMy Answrto Qusstlons onearrsuph moo isAnswared wAlh s ChecklAark e.M SWPPPs that squire the,posGecnstnwibn abmn water management prsatloe In a Boor end the cemstruotlon sits dYterbsrres isbstwssn a tiQO S F.i 1 Ass in wM component shall be prepared by a qualieed Design Processional Licensed in NswYcrk a etonuMolar,araarna,oratn.ae l Ematon Control Plants Required bytlo Town of that Is knowledgeable In Us pdncipta and preoticros of storm Wider Nanaamen/ Southold and Muatbb Subndaad forRwlsw Prior b lauana of Arg au9ding Psmdt (NOTE: AarsolrM.rtrl�i ardrorMswerrmaadrQnsallarbRaqulsdforsOsrriplAaAppilwtan) STA1T OF NEW YORK, COUNTY OF........SjJEWOU.................SS Ttrat I,.......ELLEN_F. EMERY (Trus t ee,�.......�B drily sworn,deposes and says that Wshe is the applicant for Permit, ............... ......... ... (til�ma sf Urdhddusl sgntrp Doamara) Andthatlbte/she is the ....Awaer........................ ..................................................... (Owm,ConUiela ANnt�CoRraste 011icer Vie). Owner-m44m+era umafwoeg&eQmmor.0wmu,and it;duty authorized 6 perform or have per on�iled the said work and to make and file this application;that all.statements contained in this application are true to the best c alseknoWedge and belief;and that the work will be performed in the manner set forth in the application filed herewith. Sworn to before me this; .......? rd.......... .....dayof....1.P.AilfX....................201.1 Notary Public: .. .. ....................................... .............. ...:..... ............................. Ellen F. emery (st awfe Avpsoanu (Trus � e) FORM - 06/70 ,80oINNIllyoik No O1DI4635190-StlgoR . Commission Expires OCL$1,20 4Ri3dEC5` 0 .NUMBER: APP�NDiIf� �� <�rATE Et�If1RC11�1�IAL QUALITY :REVIEW SHQ>r�T 01 RO-NIJAENT L ANESSIIiIEtWFORM =I'or=UN.LISTV only: PARS't i i�FI:S�`J�G`'f INPgRNUI'ff�l�l' ('To be::cirmptet�:d`�y A p(tca�t dr Project 3p8n1{or� [.ApLtq�T= �dSO Ellen F. Emery PJbJ7 NAIIII.E. Ellen.F. Emery (Trustee of the Ellen F. Emery ,' Residence Platform Project Revocable Trust MurTk ;ty Town of Southold Q►!►!ly Suffolk .RtiEdISE: LQCITJtJN 8tr6�t ATiaesf'eii�d Ropd �Ot�!I �d14nA R'rolnf(rant 1litlra dtc� r arm�rda'1p 925 Nassau Point Road, Cutchogue, New York (SCTM #1000-111.00-13.00-006.000) .... ... tilodlhicatlai�atteraiUis►r. ' 8 bt 8 l#il 101ko bR1E Construct a 32-square-foot lower observation platform. . 0.83 r. s l l;,# t D I`sS t l :L ulE�L3 lirllT I E3W*Ct::ANINd I0R,OTHERRESTflItiT 91W,;. 9:<WffAT J§RR �°l l{ � NlIY P„ 'C fl asmq rpgpt+pix+ i�sddartiei �J►7tjUftrl>II, �Ccirmd ��ntuun,� ,�����g4te�l:���►�. �I�i�f�laa� �' iIt T713BS1Ct4QN tNSKLik�l A $tti(tk,'Pi�pLS4�AL, l8:(r�Jli. Z3,, ,15VRLt[ l`fEt1�s Ftl. THSE317(=kl �tit'CAL iliB14Y 0.4 SYe Slr ` 3 X s IVq !I, 6* rrg>ry ggn8y•4*-,,W vomtl apppm.441 Southold Town Building Department Certificate of Occupancy I DUS ANY;ASPECT DFI'T.HE ACTION,",',.;., ue 6 r u RENTI Y 111(t~ll: t lz lit _IM1 �FtC�YAL?I '� kk !f yas.list.119�d r nam .:eed pwmll t ap tovaC: F kgaED�4G"I:ION,aNIt L EXISTI NG PERMIT../:?,APRROV/t :REC kil�iE.NIODI tGl4fION 1: GEK#1aFif THaT �Hl: INFORMATION IFit3VIDED` A$�NE I..3tt1P 7q THE $l�ST QF KNC}W� t? E �Applisnt r $p rL" leyp�F Emery (Trustee) f�>it�e 12/ 23 /11 n`t . Wt 3tct�ort II G�s�tet Afnd It��##Iti4 #�tati► Ipsnw+ , ;camplet8�tt�GoaetalAt�'s�t�hr��t Fprtrt b�fR�p[�l; all��;�Yttf�i�iltl i�s�sssirtrellll PART II- IMPACT ASSESSMENT To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR,PART 617.4? If yes,coordinate the review process and use the FULL EAF. Yes Q 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 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,nolse levels,existing traffic pattern,solid waste production or disposal, potential for erosion,drainage or flooding problems? Explain briefly: C2. Aesthetic,agricultural,archaeological,historic,or other natural or cultural resburces;or community or neighborhood charade(?Explain briefly: C3. Vegetation or fauna,fish,•shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly: . 77. 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. Long term,short term,cumulative,or other effects not identified in C1-05? Explain briefly: C7. Other impacts(including changes in use of either quantity or type of energy? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE.ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA CFJ1?.• If es,a *lain briefly: ❑ Yes. Q No E. IS THERE.OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If es a lain: QYes No PART III-DETERMINATION OF SIGNIFICANCE(To be completed by Agencyy . INSTRUCTIONS. Foreach adverse effect identified above,determine whetherk is substantial.,large,)mportantorotherwise significant. Each effect should be assessed in connection with its(a)setting(i.e.urban or ruraq;(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 fi was checked yes,the determination of slgnificanoe mustevaluate the potential impact ofthe proposed action on the environmental characteristics ofthe CEA. Check this box ifyou have Identified one or more Potentially largeor significant adverse Impacts which MAY occur.Then proceed directly to the FU 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 VALL 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 President Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different frond responsible officery rd of Trustees Applicatior, County of Suffolk State of New York ELLEN F. EMERY BEING DULY SWORN DEPOSES AND AFFIRMS THAT)dE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S)AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF lg/BER 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. Ellen F. Emery Signature Trustee) SWORN TO BEFORE ME THIS 23rd DAY OF December ,2011 Id r Notary Public BAFWAVAA"N y�y . v,Now Yolk No wsaa ova k V y &bard of Trustees Application AUTHORIZATION (where the applicant is not the owner) I, Ellen F. Emery (Trustee) residing at 121 Somerset Avenue (print owner of property) (mailing address) Garden City, New York 11530 do hereby authorize Lark & Folts, Esqs. (Richard F. Lark, (Agent) Esq. or Mary Lou Folts, Esq.) to apply for permit(s)from the Southold Board of Town Trustees on my behalf. (Owner's signature). Ellen F. Emery (Trustee) 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",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. 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# 111 - 13 - 6 The Application has been submitted to(check appropriate response): Town Board E Planning Dept. F Building Dept. D Board of Trustees 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g.capital 0 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: To construct a 32 square-foot lower observation deck. Location of action: 5925 Nassau Point Road, Cutchogue, New York 11935 Site acreage: .83 acres Present land use: . one-family dwelling Present zoning classification: R-40 (Residential Low Density) 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: Ellen F. Emery (Trustee of the Ellen F. Emery 1999 Revocable Trust) (b) Mailing address: 121 Somerset Avenue, Garden City, New York 11530 (c) Telephone number:Area Code( ) (516) 746-4038 (d) Application number,if any: None Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No 0 If yes,which state or federal agency? N/A 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 When the size of the existing platform on the premises is reduced to 32 square feet, there will be.a tremendous loss of the panoramic view of Peconic Bay and its shoreline. The additional.:..lower deck of 32 square feet will basically restore the present observation view and make beneficial use of this Bay-front.-property. 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 x❑ Not Applicable 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 E No 0 Not Applicable Restore visual-quality of Peconic Bay and surrounding shorelinp =rPc_ Pnt1V anjnVPrl by the existing platform on Applicant's property. 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 0 Yes © No ® Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria Yes 0 No ®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 F1sh and Wildlife habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. © Yes E 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. ❑ YesEl No® Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑Yes ❑ No ® 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 x❑ Not Applicable Created on 512510511:20 AM 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 prose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: Emery, Ellen F. (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee X Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"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 applicanttagent/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 None Submitted rd do Decem er xM 2011 Signature C- ,,=- Print Name_ Ellen F... Emery Form TS I 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. YOURNAME: Lark, Richard F. (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee X Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"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 X If you answered"YES",complete the balance of this form and date and sign where indicated Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent(representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater 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 ofthe applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP None Submitted this 23rd da of December �x 2011 Signature Print Name ichard 1K tark Form TS 1 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 town this form is to provide information which can alert the of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: Folts, Mary L.ou (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee _ X Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Plug 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 X If you answered"YES",complete the balance of this form and date and sign where indicated. Name.of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater 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 None Submitted this 2 3 r d day of D cember8t 2011 Signature Form TS 1 Print Name_ Mary Lou Folts ELLEN F. EMERY 121 Somerset Avenue Garden City,New York 11530 December 23, 2011 Southold Town Board of Town Trustees 54375 Main Road P.O. Box 1179 Southold, NY 11971 RE: Application of Ellen F. Emery (Trustee of the Ellen F. Emery 1999 Revocable Trust) SCTM #1000-111. 00-13. 00-006. 000 Dear Members of the Board: I have previously indicated to the Board of Trustees in .my application dated September 14, 2011, that my property at 5925 Nassau Point Road, Cutchogue, New York is my secondary residence. During the course of .the year I spend weekends, holidays and a great deal of time during the Summer months enjoying this property. It is my understanding the Board of Trustees, for reasons best known to them, has mandated in my first application that I reduce the size of my existing platform on my bluff from 67 . 20 square feet to 32 square feet. I need not remind the Board that this platform has existed in its present location since 1969 although it was rebuilt in 1993 . I have personally used this platform for the last 25 years as a place to entertain my family and friends. Weather permitting, it is a wonderful place to enjoy snacks and social conversation with friends along with the spectacular views of Peconic Bay and its shoreline. It also is a very tranquil place in the .early morning hours to watch the sun come up across Peconic Bay. The only practical way to reduce this platform to 32 square feet is to eliminate the easterly one-half. This reduction will virtually destroy my current view of the shoreline and bay. Today, if I sit on the existing bench which is the westerly portion of the platform, -there is little or no view to the north and very limited view to the south. The northerly view is blocked by the trees on my neighbor' s property and the southerly view is compromised because of the shape of the bluff on the neighboring properties . At present, when I stand on the easterly portion of the existing deck the views are still spectacular. Reducing the size of this platform by 50 percent to 32 square feet causes me an economic loss as well as limiting my ability to use it for social activities . It also deprives me of my view that I have enjoyed for the last 40 years . This is just not fair or equitable for this to happen for no reason. I have discussed this dilemma with my contractor, Ned Harroun. He has analyzed the problem and I believe 'he has come up with what I consider an acceptable solution. I am enclosing his letter to me dated December 7, 2011 with the exhibits and aerial photographs, and as a result. I am making application to have this additional 32 square foot deck as proposed by Mr. Harroun. I would sincerely appreciate the Board' s consideration of my. appl-ication to help solve this problem. Very truly yours, Ellen F. Emery ISLAND TREE AND LANDSCAPE --------------------------- 61505 Main Road Southold,New York 11971 Ned Harroun, President Telephone: (631) 765-1963 NYS Certified Arborist#0178 Cell: (631) 365-9673 December 7, 2011 Ellen Emery 5925 Nassau Point Road Cutchogue,New York 11935 Dear Mrs. Emery: As you are aware from our prior conversations, I believe the Town Trustees are going to issue you a permit for the work done on your bluff this past Spring, as well as the work to complete the project. However,the Trustees have decided that your existing platform(which by survey is 8' by 8.4', 67.20 square feet) has to be reduced in size to 32 square feet. I apologize to you because I had no idea that this platform,which had existed in this spot for almost 40 years, would have to be reduced in size when I made the minor repairs and replaced the flooring. As I stated, I never believed that the Town Trustees would require you to reduce the size of your platform when you consider the numerous properties on the easterly side of Nassau Point facing Hog Neck Bay and Peconic Bay that have similar and larger platforms on the bluff area. What is particularly upsetting to me is that when I make the size of this platform smaller, you will lose a substantial amount of your view. Due to the shape and contour of the bluff on the eastern side of Nassau Point,when the deck is cut back towards the bluff you will lose a great amount of your view to the North and your view to the South will be also restricted. The point I'm making is,the further out from the bluff,the more visibility that you have. To find a solution, I walked along the beach.to inspect the bluff on neighboring properties and looked at aerial photographs as well as maps and on the website Google Earth. I found many of these properties have various sized decks and platforms in different locations. I wondered why, and then I looked at their position on the bluff, especially the multi-deck properties, and saw that the decks are placed in different positions in height so the observation view is improved. I then explored the possibility of where to locate a second platform of 32 square feet on your bluff to achieve the same view that you will lose when the existing platform is reduced in size. I think I found a good location for this second platform and have prepared two sketches, which I am enclosing for your review. I am also enclosing a copy of a site plan where I reduced the size of the original deck to 32 square feet and sketched in the proposed additional platform. The location of the proposed second platform almost completely restores the view that will be lost when the existing platform is reduced in size. You should know that 25 properties on the easterly side of Nassau Point facing Little Peconic and Hog Neck Bay have one observation deck; 10 properties have two observation decks; 14 properties have three observation decks; and five properties have four observation decks/platforms. There are also several beach cottages and very large decks on the top of the bulkhead on various properties. This totals 54 properties that have platforms and/or decks. I am enclosing a series of aerial photographs of the eastern shore of Nassau Point. You are probably familiar with many of the properties since you have lived there for such a long time. What I am telling you is that you are not asking the Board of Trustees for anything that many of your neighbors don't already have. The additional 32 square-foot platform is in compliance with the existing wetlands law. This is important because if you have to make any repairs in the future, you will not have the problem that I created due to my mistake in doing the work without an updated permit. I believe you should make application for this second platform as soon as possible so that all the work can be done next Spring. If you wish, I would be glad to meet with the Board of Trustees at your property to explain how I arrived at this particular location, although I think it is fairly obvious when you walk up and down the stairs. Further, I believe the second platform will fit in quite nicely with the existing terrain and will compliment the bluff. All of the work will be done by hand so that there will be minimum damage to the bluff, and the posts to support this deck will be hand-dug with a post-hole digger. There will be little or no problem in rearranging the pitch of the stairs to accommodate this second platform. If you want to make any revisions to the drawings, do not hesitate to contact me. Sincerely, Ned Harro Encs: Sketches showing proposed second deck; Site plan of December 7, 2011; Aerial photos of Eastern bluff,Nassau Point. LARK& FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE,NEW YORK 11935 Tele.No.(631)734-6807 RICHARD F.LARK Fax No: (631)734-5651 MARY LOU FOLTS. E-mail: LarkandFolts@aol.com December 23, 2011 Southold Town Board of Town Trustees 54375 Main Road, P.O. Box 1179 'r- Southold, .New York 11971 2 3 2011 DEC F Re: Application of Ellen F. Emery (Trustee) h� SCTM #1000-111 . 00-13. 00-006. 000) 0 Gentlemen: In connection with the above-captioned matter, I am enclosing the following -in .triplicate: 1.. Board of Town Trustees Application, dated December 23, 2011 . 2 . Short Environmental Assessment Form. 3 . Town of Southold Erosion, Sedimentation & Storm- Water Run-off Assessment Form. 4 . Authorization of Ellen F. Emery (Trustee) . 5 . LWRP Consistency Assessment Form. 6. Applicant/Agent/Representative Transactional Disclosure Forms for Ellen F. Emery, Richard F. Lark and Mary Lou Folts. 7 . Site plan showing original deck reduced to 32 square feet and proposed new platform of 32 square feet. 8 . Check to Town of Southold in the amount of $250 . 00 for the filing fee. If you need any other information, do not hesitate to contact me. Kindly advise me of the date and time of the hearing as soon as it is scheduled. Very truly yours, ichard F. Lar RFL:mdh Encs .