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HomeMy WebLinkAboutTR-7991 t John M. Bredemeyer Ill, President guFFD(,+C Town Hall,53095 Main Rd. Michael J. Domino,Vice-President ,��� �Gy P.O. Box 1179 a James F. King Southold,NY 11971 Dave Bergen a Telephone(631)765-1892 Charles J.Sanders l � � Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DATE/OF INSPECTION: V Ch. 275 Ch. 111 INSPECTION SCHEDULE Pre-construction, hay bale line/silt boom/silt curtain 1St day of construction % constructed / Project complete, compliance inspection. INSPECTED BY: COMMENTS. CERTIFICATE OF COMPLIANCE: James F.King,President 4��$l1f cpG Town Hal1,53095 Main Rd. Bob Ghosio,Jr.,Vice-President o� �� P.O.Box 1179 Dave Bergen A Southold,NY 11971 John Bredemeyer �� • �� Telephone(631)765-1892 Michael J. Domino �4j �`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 1 St day of construction //z constructed Z Project complete, compliance inspection p p p 1 / '.,.,1 1f 11/ '� :j••F•1°Il�n:.'k,. •;•f" i�1'1fe r./°rr 'e /f (•Iri�� � Ci•fe v.° ;',w ?ru ,viF �r '�s � W \� / c\ /�. .\a /ir :V1 //p ie,11 /h• y eNf rlio, — i BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD,NEW YORK e PERMIT NO. 7991 DATE: JANUARY 23, 2013 ISSUED TO: JOSEPH&JOANNA.CHERN.USHKA PROPERTY ADDRESS:. 640 RABBIT,LANE, EAST;MARION . SCTM#31-18-20.1 � `111f 101°jr :. AUTHORIZATION ' Pursuant to ifie provisions�ofChapter 275 and/or Chapter I 1 I of the Town Code of the Town of South id and in accordance with the Resolution of the Board of Trustees adopted at'the meeting held on 11e January 23,2013,and in consideration of application fee in the sum of 500.00'paid by Costello Marine Contracting Corgi and subject to the Terms and Conditions as stated in the Resolution,the Southold Town :t ' ��• Board of Trustees authorizes and permits thefollowing: Wetland Permit to remove remains of existing wood deck, stairway to'beach and s 42' of bulkhead; construct 42' of new bulkhead in place and new 50' west bulkhead return; fill, roded area with clean trucked in fill (approx. 25 cy); ie' grade area; R. y g reconstruct (replace) existing wood deck and stairway to beach in=place with the .y11 � condition that the construction.of the deck is not to.exceed 200 square feet, and as ' r depicted on the site plan prepared by Costello,Narine,Contracting Corp.,,last dated } January 28, 2013, and stamped approved on February 8, 2013. r < IN WITNESS_.WHEREOF,to said Board of Trustees hereby causes its Corporate Seal to.be affixed, and.these presents to be subscribed by. a majority,of.thg said Board:as of this,date: on—� ca y • a�� ;; a b� e7`Y�.�t.°�^er�s.a;i« iii�,:itVY.�'T"�"Y':ru.�t7�ft•�r7'"P'M�7e2,��"�r:nf:�"tnZ,��i ^"':i'ii7Y.�.8'ixdtu�Xi\�gio53Fiirt2"5"4X rY�i'.�rG`is`Bf°°"[e�%n;;:u'7"r"" Si72bftri tr. I�tii�rYuG.is'in�7tr7FiYI`":(Yd'�iea5:t'(2� Yrr7�7i3`�`�i'reii�,e£�r� j ��I�e elje�i�J,✓c .'_'../rili•a/e/N%°i� lirl°L/ ielilii�° �- �%k., �°i�A 011�i�` .o- 'tit/ 1\i: _ :i' Ili. "„�// 1\e �,+'' _. _.... ..� -" •� 9S_:.d• ..;r�/•/•a/e1i1.:r r �.,i�i�,.e1.V• - •iil�/.V:"0 TERMS AND CONDITIONS The Permittee Joseph&Joanna Chernushka, residing at 640 Rabbit Lane, East Marion,New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: 1. That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will,at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto,to the complete exclusion of the Board of Trustees of the Town of Southold. 2. That this Permit is valid for a period of 24 months,which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolutiW of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation,the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. 8. That the said-Board will be notified by the Permittee of the completion of the work authorized. 9. That the Permittee will obtain-all other permits and consents that,-.may be required. supplemental to this permit,which maybe subject to revoke upon°_failure to obtain same. James F. King,President �QF $O(/T�, Town Hall Annex Bob Ghosio,Jr., Vice-President ,`O Ol0 54 P. O. Box 1179 Main Road Dave Bergen l Southold, New York 11971-0959 John Bredemeyer cn . ,c G � � Telephone(631) 765-1892 Michael J. Domino Fax(631) 765-6641 �yC4UM`1,� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD COASTAL EROSION MANAGEMENT PERMIT COASTAL EROSION PERMIT 07991C Applicant/Agent: Costello Marine Contracting Corp. Permittee: Joseph & Joanna Chernushka SCTM#: 31-18-20.1 Project Location: 640 Rabbit Lane,East Marion Date of Resolution/Issuance: January 23, 2013 Date of Expiration:.January 23, 2015 Reviewed by: Board of Trustees DESCRIPTION OF ACTIVITY: To remove remains of existing wood deck, stairway to beach and 42' of bulkhead; construct 42' of new bulkhead in-place and new 50' west bulkhead return; fill eroded-erea wit-#-clean trucked in fill (approx. 25 by.); re-grade area; reconstruct (replace) existing wood deck and stairway to beach in-place with the condition that the construction of the deck is not to exceed 200 square feet, and as depicted on the site plan prepared by Costello Marine Contracting Corp., last dated January 28, 2013, and stamped approved on February 8, 2013. INSPECTIONS: Final Inspection SPECIAL CONDITIONS: The construction of the deck is not to exceed 200 square feet. In accordance with Chapter 111-15 Erosion Protection Structures: XX A maintenance agreement is attached hereto and is a necessary special condition of this permit. BY: James F. ing, President Board of Trustees James F.King,President �QF S0!/r Town Hall Annex Bob Ghosio,Jr.,Vice-President Q� O. 54375 Main Road O P.O.Box 1179 Dave Bergen Southold, New York 11971-0959 John Bredemeyer u> >c G Q Telephone (631) 765-1892 Michael J. Domino �'� Fax(631) 765-6641 �yCOWN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD 30-YEAR MAINTENANCE AGREEMENT EROSION PROTECTION STRUCTURES CHAPTER 111-15 OF THE SOUTHOLD TOWN CODE The owners of record of property at: 640 Rabbit Lane East Marion, New York SCTM#: 1000-31-18-20.1 in applying for a Coastal Erosion Permit for an erosion protection structure do hereby agree to a 30-Year Maintenance program for the structure as described: to construct 42' of new bulkhead in place and new 50' west bulkhead return-, fill eroded area with clean trucked in fill (approx. 25 cy • re grade area as shown on the attached licensed survey and/or site plan for the approved structures. It is my/our understanding that we are to maintain the structure with materials designed to endure 30 years and/.or equivalent to the original approved structure. Any maintenance which involves more than 50% of the length of the structure requires approval of the Board of Trustees. We further understand that failure to maintain the structure could result in a requirement to post a bond and/or have the repairs ordered as a lien against the property upon a finding by the Board of Trustees that said lack of maintenance would risk life, property or important natural resource features. Notariz E S"EVENSture of owner of record LYNNNotary Public-State of New York Nota Public NO.01ST6269424 Qualified in Suffolk CQ�tyao/ Commission Bxph= '13 This maintenance agreement shall only be valid upon the attachment of a licensed land survey/and or site plan made within one year of the original construction and validated to show the final approval of the administrator. James F. King, President OF SOUr�o Town Hall Annex Bob Ghosio,Jr.,Vice-President 54375 Main Road P.O.Box 1179 Dave Bergen Southold, New York 11971-0959 John Bredemeyer w G pQ Telephone(631) 765-1892 Michael J. Domino '� Fax(631) 765-6641 �y�OUNT`I,� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD January 23, 2013 Ms. Jane Costello Costello Marine Contracting Corp. PO Box 2124 Greenport, NY 11944 RE: JOSEPH & JOANNA CHERNUSHKA 640 RABBIT LANE, EAST MARION SCTM# 38-18-20.1 Dear Ms. Costello: The Board of Town Trustees took the following action during its regular meetings held on Wednesday, January 23, 2013 regarding the above matter: WHEREAS, Costello Marine Contracting Corp. on behalf of JOSEPH & JOANNA CHERNUSHKA 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, and Chapter 111 of the Southold Town Code, Coastal Erosion Hazard Areas, application dated December 27, 2012, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application to remove remains of existing wood deck, stairway to beach and 42' of bulkhead; construct 42' of new bulkhead in-place and new 50' west bulkhead return; fill eroded area with clean trucked in fill (approx._25 cy.); re-grade area and stairway to beach in-place was found to be Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, the LWRP Coordinator recommended that the proposed application to reconstruct (replace) existing wood deck (dimensions unknown) located within CEHA was found to be Inconsistent with the LWRP, and, 2 WHEREAS, the Board of Trustees has furthered Policy 4.1 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: the construction of the deck is not to exceed 200 square feet, and WHEREAS, Public Hearings were held by the Town Trustees with respect to said application on January 23, 2013, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 and Chapter 111 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the application of JOSEPH & JOANNA CHERNUSHKA to remove remains of existing wood deck, stairway to beach and 42' of bulkhead; construct 42' of new bulkhead in-place and new 50' west bulkhead return; fill eroded area with clean trucked in fill (approx. 25 cy.); re-grade area; reconstruct (replace) existing wood deck and stairway to beach in-place with the condition that the construction of the deck is not to exceed 200 square feet, and as depicted on the site plan prepared by Costello Marine Contracting Corp., last dated January 28, 2013, and stamped approved on February 8, 2013. 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. 3 Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $ 0.00 Very truly yours, James F. King President, Board of Trustees JFK/amn James F. King,President gt�FFO( Town Hall Annex O�4 �c0 Bob Ghosio,Jr.,Vice-President O G 54375 Route 25,P.O.Box 1179 y Dave Bergen y zft Southold,NY 11971 John Bredemeyer Oy !� Telephone(631)765-1892 Michael J.Domino Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: GsV�IL / arcne_ C. onAr d no C �S 1� �oQtr1VIC� Please be advised that your application dated 02 has been reviewed by this Board at the regular meeting of I 2_311,3 and your application has been approved pending the completion oft 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) Final Inspection Fee ($50.00) Dock Fees ($3.00 per sq. ft.) XX 30-Year Maintenance Agreement Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE: $ BY: James F. King, President Board of Trustees James F. King,President �QF SO(/ry Town Hall Annex Bob Ghosio,Jr.,Vice-President 54375 Main Road O l0 P.O.Box 1179 Dave Bergen l Southold,New York 11971-0959 John Bredemeyer va G Q Telephone(631) 765-1892 Michael J. Domino �'� Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD 30-YEAR MAINTENANCE AGREEMENT EROSION PROTECTION STRUCTURES CHAPTER 111-15 OF THE SOUTHOLD TOWN CODE I (We) The owners of record of property at: 640 Rabbit Lane East Marion, New York SCTM#: 1000-31-18-20.1 in applying for a Coastal Erosion Permit for an erosion protection structure do hereby agree to a 30-Year Maintenance program for the structure as described: to construct 42' of new bulkhead in-place and new 50' west bulkhead return fill eroded area with clean trucked in fill (approx. 25 cy )• re-grade area as shown on the attached licensed survey and/or site plan for the approved structures. It is my/our.understanding that we are to maintain the structure with materials designed to endure 30 years and/or equivalent to the original approved structure. Any maintenance which involves more than 50% of the length of the structure requires approval of the Board of Trustees. We further understand that failure to maintain the structure could result in a requirement to post a bond and/or have the repairs ordered as a lien against the property upon a finding by the Board of Trustees that said lack of maintenance would risk life, property or important natural resource features. Notarized signature of owner of record Notary Public This maintenance agreement shall only be valid upon the attachment of a licensed land survey/and or site plan made within one year of the original construction and validated to show the final approval of the administrator. Peter Young,Chairman Town Hall,53095 Main Rd. Lauren Standish,Secretary coo � P.O.Box 1179 % Southold,NY 11971 �A 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., January 16, 2013 the following recommendation was made: Moved by Doug Hardy, seconded by William McDermott, it was RESOLVED to SUPPORT the Wetland Permit & Coastal Erosion Permit applications of JOSEPH & JOANNA CHERNUSHKA to remove remains of existing wood deck, stairway to beach and 42' of bulkhead; construct 42' of new bulkhead in-place and new 50' west bulkhead return; fill eroded area with clean trucked in fill (approximately 25 cubic yards); re-grade area; reconstruct (replace) existing wood deck.and stairway to beach in-place. Located: 640 Rabbit Lane, East Marion. SCTM# 31-18-20.1 Inspected by: Doug Hardy The CAC Supports the application and recommends the upland structures are placed on pilings. 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'�•Y //93 9 tQA �►: �,gsr•ti1�1�¢/one N/' /i939 31- ►� -20 1�s 4 C heYv��sh►c� 4 4 ♦� R R � l r w l 44 s , f «_W 16 ' t ` w 4 I James F.King,President �q�pg13fF9(/r.:4z P.O.Box 1179 Bob Ghosio,Jr.,Vice President y Southold,NY 11971 Dave Bergen coo Telephone(631 765-1892 John Bredemeyer � Fax(631)765-6641 Michael J.Domino Southold Town Board of Trustees Field Inspection[ Worksession Report Date/Time: 1 C Costello Marine Contracting Corp. on behalf of JOSEPH & JOANNA CHERNUSHKA request a Wetland Permit and a Coastal Erosion Permit to remove remains of existing wood deck, stairway to beach and 42' of bulkhead; construct 42' of new bulkhead in-place and new 50' west bulkhead return; fill eroded area with clean trucked in fill (approximately 25 cubic yards); re-grade area; reconstruct (replace) existing wood deck and stairway to beach in-place. Located: 640 Rabbit Lane, East Marion. SCTM# 31-18-20.1 Type of area to be impacted: —Saltwater Wetland Freshwater Wetland Sound ' Bay, Distance of proposed work to edge of wetland P Part of Town Code proposed work falls.under: (,_/Chapt.275 ""Chapt. 111 other Type of Application: Wetland _Coastal Erosion _Amendment Administrative_Emergency Pre-Submission Violation Info needed: Modifications: a Conditions: Present Were: "'J. King �B. Ghosio --D. Bergen, ./J. Bredemeyer Michael Domino D. Dzenkowski other Form filled out in the field by Mailed/Faxed to: Date: t ]��5 N •m]W eFCw H'4oR. Ca "m \ SEE SEC NO, MTC , SEESE.—Su 6 \ tN Ux b\M1 —CH �E \ —�--Ec° �--.�E � —ZZ.---- —�-- 9) ,yP tt3• @ �� FOR PCL NO. 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Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY 11971 G Q Telephone: 631 765-1938 O �O Fax: 631 765-3136 �OIyCOUN�e� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM EC EE VE To: Jim King, President Town of Southold Board of Trustees JAN 2 3 2013 From: Mark Terry, Principal Planner LWRP Coordinator Southold Town Board of Trustees Date: January 23, 2013 Re: Proposed Wetland Permit for JOSEPH &JOANNA CHERNUSHKA SCTM#1000-31-18-20.1 Costello Marine Contracting Corp. on behalf of JOSEPH &JOANNA CHERNUSHKA request a Wetland Permit and a Coastal Erosion Permit to remove remains of existing wood deck, stairway to beach and 42' of bulkhead; construct 42' of new bulkhead in-place and new 50' west bulkhead return; fill eroded area with clean trucked in fill (approximately 25 cubic yards); re-grade area; reconstruct (replace) existing wood deck and stairway to beach in-place. Located: 640 Rabbit Lane, East Marion. SCTM#31-18-20.1 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 to remove remains of existing wood deck, stairway to beach and 42' of bulkhead; construct 42' of new bulkhead in- place and new 50' west bulkhead return; fill eroded area with clean trucked in fill (approximately 25 cubic yards); re-grade area and stairway to"beach in-place is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. a-a bb •F s "- sL-mi_ .za ew a-- ..; aa n-siM.: «c f hoard + hold Town Teustees OUTH LD,: NEW YOR PERMIT A144, - DATE; -44490�_ +A - r.................--- .. ._ Audi-} #fie Slate of New York i s and C4Ptor 404 of Ae Laws of f u fato: ,of Now Y � t t dhold T ,rdi + ff`fled "REGULATING AND'tHE PLACING F RIUC'nON � �t IN AND CAN TOWN ►ATE D P SU D$ and fhe REMOVAL OF SAND, GRAVEL.OCOIHM MA7ERIALS FROM LAND UNDER SOWN WA MS;" aitd in aac6rdan e with the Aos.ataffanof T'6 0* ad`- fed F i ., d 'i n d' afion of"t'l sum ... ,..a v. a... paid., b K Y"' and vAjecd t die+ . germs •and C on itions Wed on fhe r em" side 6reaf, r��= .r of Scatholcl Town Tna+ees cr ifa fhe followIng; pT+ all ia- accardarca wil h f a " ailed "cifimatioms ari e 60 atiginaiing application. N WITNESS ` HEREOF bier said Board of TruAees red. f' �6y rAwsin % rp ra.0 041 f of"ed, f z fig x bel f' 6s rlbad by a maj e mid Board as of t : dots;. NON WA ut 41 a W-11 m+ a w _y • x� k Y. -. x•�"sw`° ..9.. x"a �m'xSH+w..+.e"� .. 'aK"lr.�..N +u"` -'k .. `'1^�-+ Figure 1. Existing permit. Note that a permit for the deck was issued in 1993, however, it is unknown the dimensions of the . permitted structure (no map is in lasertfiche). The proposed replacement to reconstruct(replace) existing wood deck (dimensions unknown) LOCATED WITHIN THE CEHA is INCONSISTENT with LWRP Policies 4.1 (below) and therefore, INCONSISTENT with the LWRP. 4.1 Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 1. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practical. a. No development is permitted in natural protective feature areas, except as specifically allowed under the relevant portions of 6 NYCRR 505.8. b. Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas. The location of the proposed deck is within the Coastal Erosion Hazard Area (CEHA) and will be constructed on the beach. All development is prohibited on a beach pursuant § 111-12 unless specifically provided for by Chapter 111, COASTAL EROSION HAZARD AREAS. Pursuant to § 111-6, allowable activities on a beach may include open timber piles or other similar open work supports with a top surface area of less than 200 square feet. Therefore, the deck, as proposed, is prohibited in the on the beach pursuant to Chapter 111, COASTAL EROSION HAZARD AREAS. § 111-12. Beach area. D. All development is prohibited on beaches unless specifically provided for by this chapter. § 111-6. Definitions. UNREGULATED ACTIVITY -- Excepted activities which are not regulated by this chapter include but are not limited to elevated walkways or stairways constructed solely for pedestrian use and built by an individual property owner for the limited purposes of providing noncommercial access to the beach; docks, piers, wharves or structures built on floats, columns, open timber piles or other similar open work supports with a top surface area of less than 200 square feet or which are removed in the fall of each year; normal beach grooming or cleanup; maintenance of structures when normal and customary and/or in compliance with an approved maintenance program; planting vegetation and sand fencing so as to stabilize or entrap sand in primary dune and secondary dune areas in order to maintain or increase the height and width of dunes; routine agricultural operations, including cultivation or harvesting; and the implementation of practices recommended in a soil and water conservation plan as defined in § 3, Subsection (12), of the Soil and Water Conservation Districts Law; provided, however, that agricultural operations and implementation of practices will not be construed to include any activity that involves the construction or placement of a structure. y ,� SAS `'•:_� ,a r 1 / s�, x s�f � � � y �j',� ��0 �� �.r-v a�. �`�- a�� �� w a s't�� tf�s�f � k` °�d�a ���* L�f�,�Ji���1' °x'E'y�"� .�✓� �n.�%r� �'��,� /'� £°' a 990 r - Figure 2. Subject parcel and decks relative to the CEHA line (2006). General Land In S 3 C Figure 3. Subject area showing cottages on beach (1962) 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 oastal Erosion Permit Application Wetland Permit Application Administrative Permit _Amendment/Transfer/Exte sion V/'Received Application: Z 1/Received Fee:$ - ---- Completed Application 1 Z � Incomplete _SEQRA Classification: Type I _ Type II Unlisted � �oordination:(datesent) � DEC 2 7 1Gi2 .,t V LWRP Consistency Ass ss nt Form CAC Referral Sent: 3 c0utht,;r; Date of Inspection: � Baart? ^` Tr; ez - _Receipt of CAC Report: _Lead Agency Determination: 7Pechnical Review: ublic Hearing Held: 3 113 Resolution: Name of Applicant JOSEPH &JOANNA CHERNUSHKA Address 845 BAY AVENUE, EAST MARION,NY 11939 Phone Number:( ) 631.477.8581 Suffolk County Tax Map Number: 1000 - 31-18-20.1 Property Location:640 RABBIT LANE, EAST MARION (provide LILCO Pole#, distance to cross streets,and location) AGENT:COSTELLO MARINE CONTRACTING CORP. (If applicable) s Address:PO BOX 2124, GREENPORT, NY 11944 Phone:631.477.1199 C�4� _ Bc _I of Trustees Application GENERAL DATA Land Area(in square feet):4,691 SQUARE FEET Area Zoning: R-40 Residential Low Density AA Previous use of property:RESIDENTIAL Intended use of property:SAME 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):Remove remains of existing wood deck,stairway to beach and.42' of bulkhead. Construct 42' of new bulkhead in-place and new 50'west bulkhead return. Fill eroded area with clean trucked in fill (approximately 25 cubic yards). Regrade area. Reconstruct (replace) existing wood deck and stairway to beach in-place. Bc. J of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations:Reconstruct a storm damaged bulkhead so that the property continues to be protected from erosion. Area of wetlands on lot: 0 square feet Percent coverage of lot: 0 % Closest distance between nearest existing structure and upland edge of wetlands: 0 feet Closest distance between nearest proposed structure and upland edge of wetlands: 0 feet Does the project involve excavation or filling? No X Yes If yes,how much material will be excavated? 0 cubic yards How much material will be filled? 25 cubic yards Depth of which material will be removed or deposited: 3 feet Proposed slope throughout the area of operations. 0 Manner in which material will be removed or deposited: The material will be trucked in and a small excavator will be use to deposit the material. 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): This area was significantly impacted.by Hurricane Sandy. The proposed work is the reconstruction of existing structures damaged during the storm. This proposal will not have any adverse effects on the wetlands or tidal water of the town. Bo of Trustees Application COASTAL EROSION APPLICATION DATA Purposes of proposed activity: To reconstruct a storm damaged bulkhead so that the property continues to be protected from erosion. Are wetlands present within 100 feet of the proposed activity? X No Yes Does the project involve excavation or filling? No X Yes If Yes,how much material will be excavated? (cubic yards) How much material will be filled? 25 s (cubic yards) Manner in which material will be removed or deposited: Material will be trucked in and then moved and deposited with a small excavator. Describe the nature and extent of the environmental impacts to the subject property or neighboring properties reasonably anticipated resulting from implementation of the project as proposed, including erosion increase or adverse effects on natural protective features. (Use attachments if necessarv) The project area has severe damage from Hurricane Sandy. We are not proposing any new structures. There will be no adverse effects on any natural protective features,nor will there be an increase in erosion due to the reconstruction of the bulkhead at this property. 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I-PROJECT INFORMATION To be completed b 72, icant or Project.S onsor1. APPLICANT/SPONSOR PROJECT NAME Costello Marine Contracting Corp. (CMCQ hernushka Bulkhead Reconstruction 3. PROJECT LOCATION: Municipality Fast Marion,Southold Township County SUFFOLK 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) 640 Rabbit Lane,East Marion,NY 11939 SCTM#1000-31-18-20.1 5. PROPOSED ACTION IS: Q New Expansion Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Remove remains of existing wood deck,stairway to beach and 42'of existing bulkhead. Construct 42'of new bulkhead in-place and a new 50'west bulkhead return wall. Fill eroded area with clean trucked in fill-approximately 25 cubic yards. Regrade area. Reconstruct existing wood deck and stairway to beach in-place. 7. AMOUNT OF LAND AFFECTED: Initially 0 acres Ultimately 0 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Yes No If No,describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? 0 Residential Industrial Commercial Agriculture Park/Forest/Open Space ❑ Other Describe: PRIVATE RESIDENTIAL WATERFRONT 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,STATE OR LOCAL)? 0 Yes No if Yes,list agency(s)name and permit/approvals: ARMY CORPS OF ENGINEERS,NYSDOS,NYSDEC,TOWN OF SOUTHOLD 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes No If Yes,list agency(s)name and permitlapprovals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? Yes Z No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor nam ane P.Costello,Pe t Manager for Costello Marine Contracting Date: Signature: If a action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 € Reset s PART II- IMPACT ASSESSMENT .- 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 EAR Yes 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. 11 Yes No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten,if legible) C1. Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic pattern,solid waste production or disposal, potential for erosion,drainage or flooding problems? Explain briefly: 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. Long term,short term,cumulative,or other effects not identified in CI-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(CEA)? Yes No If Yes,explain briefly: E. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Yes No if Yes,explain briefly: PART III•DETERMINATION OF SIGNIFICANCE(To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise 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 identifiers and adequately addressed. If question D of Part 11 was checked yes,the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CFA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL 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 action WILL NOT result in any significant adverse environmental impacts AND provide,on attachments as necessary,the reasons supporting this determination Name of Lead Agency Date 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 from responsible officer) ,Resefi , PART 11- IMPACT ASSESSMENT o 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 EAF. ❑Yes Q No a. 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. ElYes a Na C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten,if legible) C1. Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic pattern,solid waste production or disposal, potential for erosion,drainage or flooding problems? Explain briefly: 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. Long term,short term,cumulative,or other effects not identified in CI-05? Explain briefly: ............. . ... ..• C7:Other impacts Qndudin2 changes in use of either quantitX.or!ype of energy? Ex lain briefl :-' - D.WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA CEA? If yes,ex lain briefl . Yes In, No E. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If es lain: ❑ Yes 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 or otherwise 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 it was checked yes,the determination of significance must evaluate the potential Impactofthe proposed action on the environmental characteristics ofthe CEA Check this box If you have identified one ormore potentially large orsigniflcantadverse impacts which MAY occur.Then proceed directly to the FULI EAF and/or prepare a positive declaration. Check this box Ifyou: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 �A Jll J 1 . Z ©13 Name of Lead Agency Date A/Z President Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Sig tore of Responsible Officer in L Agency Signature of Preparer(If different from responsible officer) QgUI F01 k r4621 James F. Kino. President q Town Hall.53095 Main Rd. Bob Ghosio..Ir..Vice-President. P.O. Box 1179 Dave Ber,en � • � Southold.NY 11971 John Bredemeyer /� �Q} Telephone(631)766-1892 Michael J.Domino t �` Fax(631)766-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of Ll JOSEPH & JOANNA CHERNUSHKA COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING D 1, jg ee r 6s�C I to , residing at/dba t Cn�-r LK Lor p. ox o204-t— re►i P q NY I L9 ZT.4-1F being duly sworn, depose and say. That on the^ (day/of/ , 201 ,,I personally posted the property known as Ab lza b t T (AKC. ,�- mocy-I cVi w N4 11 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 Wednesday, January 23,2013. Dated: b tore) Sworn to before me this Itay ofSomYo (- LYNN E STEVENS Notary Public-State of New York NO.01ST6269424 Notar Public Qualified in Suffolk County Commission Expires - j(p Chernushka-640 Rabbit Lane, Ea Trion NOTICE OF HEARING 5 ppvvWic Mnr�ng 6e held M a1O y(nCF IS HENEBY TRUES EES'a 1hx To.+"H:A1. 7095 µom Rood. Spt�iFKKD 80ARD Of W "ri 5o,andd i.a.Tod.cvxarnxg OWNERS)OF RECORD G 6f�Oh� SUBJECT OF pUBLIC,HEARING _ ^ jj/,E S UATE OF PUBLa3HEARING:sp yvx,Pr�l BOARD OF TRU5RW TOWN OE SOU« �6311765 f89� 1.4 , Aw rN.t NO,TICE OF HEARING NOTICE 1S HEREBY GIVEN that a public hearing will be held by the SOUTHOLD BOARD OF TRUSTEES at. the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) Chernueohka,OF RECORD: b. SUBJECT OF PUBLIC HEARING:' To remove remains of existing wood deck, stairway to beach and 42' of bulkhead; construct 42' of new bulkhead in-place and new 50' west bulkhead return; fill eroded area with clean trucked in fill (approximately 25 cubic yards); re-grade area; reconstruct (replace)-existing wood deck and stairway to beach in-place. TIME & DATE OF PUBLIC HEARING: . W&Ane5d", c�o�r' �3 �� 3 yr � q,6000A If you have an interest in this project, you are invited to view the Town file(s) which are available for .ins ection to the day of the hearing during normal business days between the ours o�rior 8 a.m and 4 p.m. BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631 ) 765- 1892 NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES,TOWN OF SOUTHOLD In the matter of applicant: Joseph&Joanna Chernushka SCTM#1000-31-18-20.1 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: REMOVE REMAINS OF EXISTING WOOD DECK,STAIRWAY TO BEACH AND 42'OF EXISTING BULKHEAD. CONSTRUCT 42'OF NEW BULKHEAD IN-PLACE AND NEW 50'WEST BULKHEAD RETURN. FILL ERODED AREA WITH CLEAN TRUCKED-IN FILL(APPROXIMATELY 25 CUBIC YARDS). REGRADE AREA. RECONSTRUCT WOOD DECK AND STAIRWAY TO BEACH IN-PLACE. 2. That the.property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 640 Rabbit Lane, East Marion,NY 11939 3. That the project which is subject to Environmental Review under Chapters 32, 37,and/or 97 of the Town Code is open to public comment on: January 23, 2012 at 4pm .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. OWNERS NAME: Joseph&Joanna Chernushka MAILING ApDRESS: 845 Bay Avenue East Marion, NY 11939 PHONE#: Enc: Copy of sketch or plan showing proposal for your convenience. Chernuska PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: Richard Frizzi 915 Panama Ct.,Apt.B3,Marco Island,FL 34145 George&William Gray,Gray Melhuish&Mary Payne 7706 N.Shirland Avenue Norfolk,VA 23505 Edward F. &Barbara K.Betsch P.O.Box 92,East Marion,NY 11939 Edward Betsch P.O.Box 92,East Marion,NY 11939 STATE OF NEW YORK COUNTY OF SUFFOLK Jane P.Costello ,residing at Costello Marine Contracting Corp. PO Box 2124,Greenport,NY 11944 ,being duly sworn, deposes and says that on the 14 day of January , 2013 , 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 Greenport(11944) ,that said Notices were mailed to each of said persons by CERTIFIED MAIL/RETURN RECEIPT. Sworn to before me this 17 ` Day of,-JR4 , 20_0 LYNN E STEVENS U��Notary Public-State of New York Notary Public Qualified in lified in Suffolk Co ty Commission Fvcpire 'a�0)4/(0 gir CERTIFIED MAILT�,; RECEIPT sr Only;, r InsuiOnce,CQverager r•e•site at . - • I ivery,informatibn visit our ,. -0 Postage $ G RCo FF�,A C3 Certified Fee 6-A A a M Return Receipt Fee PostmarkZ O (Endorsement Reg1rFed) LA b Hera v Restricted Delivery Fee u' (Endorsement Required) w _ f,13 - - - 5� _ - C3 . , . . ■ o Richard Frizz;< � 1 ' j �v Y�uS�Ct a C3 915 Panama Ct.,Apt.B3 ----- -- i . Marco Island,FL 34145 ---------------- 11 Postage $ ; I -- 43 Certified Fee F N P O R T�y C Postmark C3 Return Receipt Fee Here e O (Endorsement Required) •_ 7/�/ Restricted Delivery Fee (Endorsement Required) A. a CE ® r ' . I George&William Gray,Gray Me &Mary Payne - Lj 7706 N. Shirland Avenue F F A L Norfolk,VA 23505 - -- Cl /V Postage $ �� Certified Fee J C3 O Return Receipt Fee He C3 (Endorsement Required) Jv Restricted Delivery Fas v� (Endorse mentRequired) c0 O C3 r /}I C3 Edward F.&Barbara K.Betsch o P.O.Box 92 �'' East Marion,NY 11939 -------------- �ocstt+9aDM�T e�A3`T ' STi�?LAy�, �'�:.iitrwe+wLt� • G.C. . OIa7l�RI�' +ovate . G1,tLL • ;. ,v O A•oo wr. uroo..��► aCc,c, �rs�u�auray_._...�:.0._�9�.oc,-� Co�vST yCT 42'+.o-w',Ve w Z04 • _�L•.�LG� .4 NO I\/�!i•.t-.�Q�'F G�!�1T:�13l�aG�l.�•��Aa • woo 2Ch!:za_�sa,.......an.r�..5�.4�.a�y Tb 7•' �.�riVC-�,�•^ij. ..LC�S�j�+ri*�#:Jas4NNAC�I�J?N113��Z�d M-4 5.7 sl.alra�, w:y -17 9 3 9 Ale C!4'��At�wMl/ M//IrG�� - �idSt_/L�I�.�+t.l r?N,N•� l/..9.,39 t.I.$�e Ili l-,A...% -SwO .F 44- L.ax� i 1� 7��2oJLGT -, Ao"7'74>1-/ / 2 L ocsnw^aMAjo / AvOo7 24rN 720tq'.57"-,v ..4ayac�rr 7o�za,��rZ�ry Or�+�.�as; . 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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 PERMI'T(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 0/`3t DAY OF ��Ce�6P� ,20-A;Z U LYNN E STEVENS Public-State of New York tary Public NO.OIST6269424 Qualified in stawkc0unty Commission Expires 9-2y:C?O/& s COSTELLO MARINE CONTRACTING CORPORATION DOCK BUILDING • JETTIES • BULKHEADING •.STEEL & WOOD PILING • FLOATS 423 FIFTH STREET P.O. BOX 2124 GREENPORT, NEW YORK 11944 • (631)477-1199/477-1393/477-0682 FAX (631) ?,-^ AUTHORIZATION FORM I, �os C-( &(-,'Ivs owner of _ (Name) (Business/Property Name) located at } 6 �0 do hereby give Costello Marine Contracting Corp. the authority to act as agent in my behalf in applying for all the necessary permits for work to be completed at my above referenced property. - Date Signature Joseph&Joanna Chernushka 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 •�_g department, all website(southoldtown.northfork.net), the Board of Trustees t�e �} local libraries and the Town Clerk's office. :E B. DESCRIPTION OF SITE AND PROPOSED ACTION ju; DEC 2 7 2012 SCTM# 31 _18 _20.1 i ?r7fl .. J The Application has been submitted to(check,appropriate response):�---�- -�-- �-------____ Town Board ❑ Planning Dept. ❑ Building Dept. ❑ Board of Trustees ❑✓ L 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: Remove remains of existing wood deck, stairway to beach and 42'of bulkhead. Construct 42'of new bulkhead in place and new 50'west bulkhead return. Fill eroded area with clean trucked-in fill(apprommately 25 cubic yards). Regrade area. Reconstruct(replace)edsdng wood deck and stairway to beach in place. 5 ' Location of action:640 RABBIT LANE,EAST MARION Site acreage:0.108 ACRES Present land use:SINGLE FAMILY RESIDENCE Present zoning classification:R-40 RESIDENTIAL LOW DENSITY AA 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:JOSEPH &JOANNA CHERNUSHKA (b) Mailing address:845 BAY AVENUE,EAST MARION,NY 11939 (c) Telephone number:Area Code( )631.477.8581 (d) Application number, if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes n✓, No❑ If yes,which state or federal agency?NYSDEC,NYSDOS,ACOE 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 The existing bulkhead on this property has failed. We are proposing to replace the storm damaged bulkhead in place with the addition of a 50'return. Our proposal will not have any effect on the community, character or preservation of open space. Auacn aaamonai sneers a necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No 0 Not Applicable This property has no significant historic resources. 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 7 Not Applicable The current conditions of this bulkhead is unstable and threatening the integrity of the upland property. A new bulkhead is attempt of the upland property owner to maintain their properly. The visual quality and scenic resources will be restored to when the property was stable. 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 bulkhead is needed to protect the upland property. The new bulkhead will control further erosion and maintain the integrity of this property. Our proposal will not increase flooding or erosion in this area. 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 R Yes 1:1No W1Not Applicable The proposal will not have any impact on the water quality or supply of the Town of Southold 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. allo Not Applicable This proposal will not have any impact on the Town of Southold's ecosystem. All work will take place landward of the high water line and all construction debris will be contained. 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 0 Not Applicable This proposal will not have any impact on the air quality of the Town of Southold. 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 0 Not Applicable s This proposal will not degrade the environment with solid waste or hazardous substances. 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. ❑ Ye❑ No ✓❑ Not Applicable Our proposal will not limit the public's ability to access coastal waters,public lands or public resources of the Town of Southold. The proposed bulkhead will be in kind,in place construction. 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. RV/ Yes No❑ Not Applicable Our proposal is to reconstruct a famug bulkhead. The present condition of ine-bulkhead is poor due to the damage caused by Hurricane Sandy. This property is used by the owners to engage in water dependent activities such as fishing and swimming. These activities will continue at this site once the area is stabilized. 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 W1 Not Applicable All work will be landward of the high water mark and there should be no significant effects on the living marine resources. 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 This proposal will have no impact on the agricultural lands in the Town of Southold. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. Yes ❑ No 0 Not Applicable This proposal has no influence on the development of energy or mineral resources. Created on 5125105 11.20 AM i SURVEY OF PROPERTY SI T UA TED A T EAST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-31 - 18-20. 1 v l4� "O. SCALE 1 "= 10, u1% APRIL 5, 2000 1 d MARCH 19, 2009 UPDATE HIGH WATER MARK AREA = 4,691 sq. ft. (TO TIE LINE) 0.108 ac. d d ,� To 4.1 v J 'ti °p, . 00 J �°�RH� 1z v O 'PA 0 *p 2� O � 5° 9; E O�v�d°oO°e yo G N 6g. � V \e k ❑ o !_ 1p G �O -po ki 2 G 1 91 Q•l- Q o l r Ir. i CERTIFIED TO: PREPARED IN ACCORDANCE WITH THE MINIMUM JOSEPH CHERNUSHKA STANDARDS FOR A�N}D�SURVEYE AS D AND ADOPTED D JOANNA CHERNUSHKA FOR "�rY' ORK STATE LAND TITLE T CO� i ITT z SO467 Cp FO LAND SU N.Y.S. Lic. No. 50467 DOTES: UNAUTHORIZED ALTERATION OR ADDITION 1. FLOOD ZONE INFORMATION TAKEN FROM: TO THIS SURVEY SECTION 7209 OF THE NEW Y IS VIOLATION �OORK STATE FLOOD INSURANCE RATE MAP No. 36103CO177 G EDUCATION LAW. Nathan aft Corwin III COPIES OF THIS SURVEY MAP NOT BEARING ZONE AE (EL 9): BASE FLOOD ELEVATIONS DETERMINED " THE LAND SURVEYOR'S INKED SEAL OR ZONE VE (EL 11): COASTAL FLOOD WITH VELOCITY HAZARD (WAVE ACTION); Land Surveyor TOBBESED SEAL A VAUD TRUE COPY.NOT BE CONSIDERED BASE FLOOD ELEVATIONS DETERMINED cERTincATiONUN ONLY SSIT F ED HEREON HESR TO THE PERSON WHOM T SU RVEY 2. ELEVATIONS SHOWN ARE -LD IS PREPARED, AND ON HIS BEHALF TO THE REFERENCED TO N.G.V.D. 1929 DATUM TITLE COMPANY, GOVERNMENTAL AGENCY AND Title Surveys — Subdivisions — Site Plans — Construction Layout LENTDIN ASSN EUTIS OF THE LEND HEREON, INNDI— F.FL. — FIRST FLOOR TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. PHONE (631)727-2090 Fax (631)727-1727 OFFICES LOCATED AT MAILING ADDRESS THE EXISTENCE OF RIGHTS OF WAY 1380 ROANOKE AVENUE P.O. Box 1931 AND/OR EASEMENTS OF RECORD, IF RIVERHEAD, New York 11901 Riverhead, New York 11901-0965 ANY, NOT SHOWN ARE NOT GUARANTEED.