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TR-8354
i At EN-CONSULTANTS March 11, 2014 MAR 1 8 2014 Board of Trustees 5oulj'�o�d iuwt� Town of Southold P.O. Box 1179 Southold,NY 11971 Attn.: Elizabeth Cantrell Re: Gaston Family LLC -Wetlands Permit No. 8354 Dear Ms. Cantrell: In satisfaction of Term and Condition #8 of the captioned permit, the required Declaration of Covenant was recorded in the Office of the Suffolk County Clerk on March 11, 2014. A copy of the recorded document is enclosed for your file. Respectfully yours, eph s Enclosure cc: Gaston Family LLC 1319 North Sea Road Southampton,New York 11968 p 631.283.6360 f 631.283.6136 www.enconsultants.com environmental consulting CC# : C14-9805 4' F N L�y o �t `. � � ,J•,12} �& COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on 03/11/2014 under Liber D00012766 and Page 441 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 03/11/2014 MAR 1 8 2014 SUFFOLK COUNTY CLERK ar of Tr to JUDITH A.PASCALE SEAL I I IIIIIII IIII VIII VIII VIII VIII VIII(IIII VIII III) IIII �111111 VIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 03/11/2014 Number of Pages : 4 At: 11 :27 : 47 AM Receipt Number : 14-0029661 LIBER: D00012766 PAGE : 441 District: Section: Block: Lot: 1000 052 . 00 05 . 00 005 . 000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $20 . 00 NO Handling $20 . 00 NO COE $5 . 00 NO NYS SRCHG $15 . 00 NO TP-584 $0 . 00 NO Notation $0 . 00 NO Cert.Copies $5 . 00 NO RPT $60 . 00 NO Fees Paid $125 .00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County � Handling .. . RECORDED Number of pages 201A Mar 11 1!-.27!47 AM JUDITH A. PASCALE CLERK OF This docurnent will be public SUFFOLK COLO-ITY record. Plea.se remove all L. DOOO-12766 -')ocial Security Numbers prior to recording. Deed/Mortgage Instrument Deed Mortgage Tax Stamp Recording Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. 1.Basic Tax 20. 00 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. or EA-52 17(County) Sub Total, Spec./Add. EA-5217(State) TOT.MTG.TAX Dual Town Dual County R.P.T.S.A. Held for Appointment Comm.of Ed. 5. 00 Transfer Tax Affidavit Mansion Tax The property covered by this mortgage is Certified Copy or will be improved by a one or two family dwelling only. NYS Surcharge 15. 00 Sub Total YES or NO Other Grand Total If NO, see appropriate tax clause on page# of this instrument. 4 1 Dist. 100d Section 052.00 Lot 005.000 Block 05M mmunity Preservation Fund :51co RealProp( 2682256 1000 05200 0500 005000 Consideration Amount $ Tax S&v10 TID 1.319 North Sea Road TD Southampton,NY 11968 TD Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name Title# 81 Suffolk County Recording & End,orsem.ent Page This page forms part of the attached Declaration ofCovenants made by: (SPECIFY TYPE OFINSTRUMENT) Gaston Family LLQ The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO intheTOVVNof Southold Town of Southold |nthe VILLAGE oard of Trustees orHAMLET of Southold BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. l DECLARATION OF COVENANTS THIS DECLARATION made this // day of 2014, by Gaston Family, LLC, having an address at 48 Longview Road, Port Washington, NY 11050 hereinafter referred to as "DECLARANT": WITNESSETH: WHEREAS, DECLARANT is the owner of certain real property located at 1875 Bayview Avenue, Town of Southold, County of Suffolk, State of New York, described in the Suffolk County Tax Map as District 1000, Section 52,Block 5,Lot 5,which is more particularly bounded and described as set forth in Schedule"A"annexed hereto,hereinafter referred to as the"Property;" WHEREAS, the Property is situated on lands within the jurisdiction of the Board of Trustees of the Town of Southold(hereinafter the"Trustees")pursuant to Chapter 275 of the Town Code of the Town of Southold or its successor,and various activities conducted upon the property may this be subject to the regulation and approval of the Trustees prior to being conducted; WHEREAS,the DECLARANT therefore made application to the Trustees for a permit pursuant to the Wetlands Law of the Town of Southold to construct a bulkhead in place of an existing seawall at the Property;and WHEREAS, as a condition of the granting of a Wetlands Pen-nit to construct a bulkhead in place of an existing seawall at the Property, the Trustees required that a ten foot wide "nonturf buffer" be established along the landward edge of the proposed bulkhead, NOW,THEREFORE,the DECLARANT does hereby covenant and agree as follows: 1 1) Upon the substantial completion of the construction of the proposed bulkhead at the Property, there shall be established and subsequently maintained along the landward edge of the proposed bulkhead on the Property a ten foot wide "nonturf buffer" as defined by Chapter 275 of the Town Code;and 2) These covenants shall run with the land and shall be binding on the DECLARANT, its, assigns, purchasers, or successors in interest and may be modified only upon resolution of the Trustees. IN WITNESS WHEREOF,the owner has duly executed this instrument this // day of 2014. Gaston Family,LLC 1 W l.�I X JPO Mar aret Ha ,Member STATE OFW/2vV V/,Ilr W COUNTY OF All)-`;f 4 L/ On theme_ day of f=0a5,tyrv--(% in the year 2014,before me the undersigned,a Notary Public in and for said State.personally appeared Margaret Hand,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity,and that by her signature on the instrument, the individual or the person on behalf of which the individual acted,executed the instrument. Not u STEPHEN B. HAND Notary Public-State of New York No. 6754350-Nassau County Terni Expires 1/31/2011 1 SCHEDULE A ALL that certain piece or parcel of land,situate at Arshamomoque,Town of Southold, Suffolk County, New York,bounded and described as follows: BEGINNING at a point on the southwesterly line of Bayview Avenue which marks the northwesterly coiner of land of Louis Pellman and running from said point of beginning North 46 degrees 41' 30"West 85 feet along the southwesterly line of Bayview Avenue to a point;running thence South 61 degrees 05150"West 185 feet more or less along other land of the party of the first part to the ordinary high water marls of Arshamomoque Pond;running thence 85 feet more or less in a southeasterly direction along the ordinary high water mark of Arshamomoque Pond to land of Louis Pellman;and running thence North 61 degrees-5' 50"East 185 feet more or less along said land of Louis Pellman to a point on the southwesterly line of Bayview Avenue,the point or place of beginning. 3 MARTIN D.FINNEGAN SCOTT A.RUSSELL TOWN ATTORNEY Supervisor martin.finnegan@town.southold.ny.us ��0� SOUjyO JENNIFER ANDALORO Town Hall Annex,54375 Route 25 P.O.Box 1179 ASSISTANT TOWN ATTORNEYS Southold,New York 11971-0959 jennifer.andaloro@town.southold.ny.us LORI M.HULSEQ�� �� Telephone(631) 765-1939 ASSISTANT TOWN ATTORNEY COU � Facsimile(631)765.-6639 lori.hulse@town.southold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Kim Stephens February 4, 2014 En-Consultants 1319 North Sea Road Southampton,NY 11968 RE: Gaston Family,LLC,Wetlands Permit No. 8354 i000-5 a�S-s Dear Ms. Stephens, I have reviewed the Declaration of Covenants draft you submitted to this office with respect to the above referenced application concerning the ten foot wide non turf buffer to. be established and subsequently maintained landward of the bulkhead, as depicted on the site plan prepared by En-Consultants, and stamped approved January 14,2014. The covenants and restrictions document must be executed and filed with the County pursuant to §275-10(K) of the Southold Town.Code. Please note that a copy of this document or, in the alternative, a sworn statement attesting to the-filing is to be presented to the Office of the Board of Trustees within 90 days of issuance of the permit. Regards, Lori M. Hul Assistant Town Attorney Cc: Board of Trustees J James F.King,President guff0(,�c Town Hall,53095 Main Rd_ Bob Ghosio,Jr., �G Vice-President P.O.Box 1179��� y� Dave Bergen N Southold,NY 11971 ' John Bredemeyer y,�a+ � pl� Telephone(631)765-1892 MichaelJ.Domino ' 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 S.O. S'HALL-BE CONSIDERED A VIOLATION AND. POSSIBLE REVOCATION OF THE PERMIT.' INSPECTION SCHEDULE Pre-construction, hay bale line I't day of construction Yi constructed: Project complete, compliance inspection i BOARD OF SOUTHOLD TOWN TRUSTEES t«� SOUTHOLD,NEW YORK PERMIT NO. 8354 DATE:DECEMBER 11,1013 ISSUED TO: GASTON FAMILY,:LLC PROPERTY ADDRESS: 1875 BAYVIEW AVENUE, SOUTHOLD ; SCTM#52-5-5 AUTHORIZATION Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold.and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on December 11,2013, and in consideration of application fee in the sum of$250.00 paid by En-Consultants and subject to the Terms ' and Conditions as stated in the Resolution,the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit,to construct approximately 85 linear feet of vinyl bulkhead in- place of existing concrete seawall; remove existing concrete return and construct+1-15' vinyl return along inside of property line; and backfill/re-nourish eroded area landward of bulkhead with approximately 25 cubic yards clean sandy fill to be trucked in from an approved upland source; with the condition to establish and subsequently maintain a 10' wide non-turf buffer landward of bulkhead; and as depicted on the site ` plan prepared by En-Consultants, last dated January 9,2014 and stamped approved on January 14,2014: ' ` IN WITNESS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal,to be affixed, v and these presents to be subscribed by a majority of the said Board-as'of this date. OgUF�Q� y } Z ' y Bob Ghosio, Jr. ' r. TERMS AND CONDITIONS The Pennittee Gaston Family LLC residing at 1875 Bayview Avenue Southold,New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: l. That the said Board of Trustees and the Town of Southold are released from any and all damages,or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit,and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto,to the complete exclusion of the Board of Trustees of the Town of Southold. 2. That this Permit is valid for a period of 24 months,which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved,to provide evidence to anyone concerned that authorization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause - for revocation of this Permit by resolution of the said Board. � . r 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. The Permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Clerk's Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety(90) calendar days of issuance of this permit. 9. That the said Board will be notified by the Pennittee of the completion:,of the work authorized. 10. 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. Y• AREA= 15,174 SO. FT. To Tie Line SURVEY OF PROPERTY A T ARSHAMOMOQUE TOWN OF SO UTHOLD 10( SUFFOLK COUNTY, N. Y. 1000-52-05-05 SCALE. 1 -30 y?°�F �'��� SEPTEMBER 11, 2013 o � � s NE P�ER� NOV 1 4 2013 oar o Tr 401 C01014Y SO ASO �NpE 0^V� PRIES ',� cps \ 9 q�9 -'' !• 56 �� .�'� r�_����t �O Fo i= MONUMENT AJ •= PIPE `� rL� 49 AND ELEVATIONS REFERENCED TO N.A.VD. '88 �Vy A.Y.S. LIC. NO. 49618 ANY ALTERA77ON OR ADDI77ON TO THIS SURVEY IS A VIOLATION CONIC SdokkORS, P.C. OF SECTION 7209OF THE NEW YORK STA7F EDUCATION LAW. (631) 765-5020 FAX (631) 765-1797 EXCEPT AS PER SECTION 7209—SUBDIVISION 2. ALL CER77FICA77ONS P.0. BOX 909 HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF 774E SURVEYOR 12JO TRAVELER STREET 97-223 WHOSE SIGNATURE APPEARS HEREON. SOUTHOLD, N. Y. 11971 APPROVED BY t o5 BOARD OF TRUSTEES - G��\ TOWt t-OF. SOUTHOLD I !5iir_uc 55ViA i PATE II'uAf q \��fffC r Y r Gvr /) ;2' Cf 1'K0 i a/0 R ,441 2:. GPRP ° LainDi 1t -1--3-2014= ,-1 1 = 30 2 uutl t•:i;:�;; Board ul_i :�.___—• Notes; >1 I, Purpose:teplacemenb of storm damaged C I-Limcaie 5mc!4) concrete seaman with vinyl bulkhead v 2, Pahxn:AV o 5. Plan based on survey prepared by Peconic 5urveWre,P.C., dated 5e�11,2015 2 STORY 4. New bulkhead to be constructed with vinyl sheathing F,NOE NOSE and pressire-treated structur.A timbers;Al hardware cJ to be hob-dipped Ovanlwol steel 5, Approx.25 cy cleat sand fill to 6e trucked in v�000 o from an upland sake for baMill oOEOK 6. Plan aid crossview diagrams a-e schematic in nature aid a-e intended only to establish project location,scope,and basic canstruction details for permittinq purposes aid are rob intended to serve as or substitute for engineerinq or construction play,for cm5truction purposes ±82' 7. Project location:1615 Payview Avenue,5andd; 5CTM No.1000-52-5-5 STORM ERODED AREA ±97' EX. CONC. STAIRS �aP gPN� TO BE REMOVED PROPOSED +15 L.F. VINYL RETURN \j OF "" EX. CONCRETE RETURN TO BE REMOVED OX LAM GKF1�"L " PppR P�CE/gP j0E BPN� EN-CONSULTANTS 9,5-�VFtB 1`J1 Ppd• 13.19 NORTH SEA ROAD +15' .' SOUTHAMPTON, NY 11968 10' NON—TURF BUFFER 631-283-6360 s\14 L� APPROX. +85 L.F. OF VINYL BULKHEAD TO BE PROPOSED CONSTRUCTED IN PLACE OF EX. STORM 4' x 6' STEPS DAMAGED (HURRICANE SANDY) CONCRETE SEAWALL PN� ARSHAMOMOQ UE POND 'PI:OP05W ITPLACFM%f OF 5fOPM PAWW 51�AWU. POP 6WON FAMILY, L. C ON A WMOMOQU� PONn, 50nOW, 5UFFOLK CO,, NY 5111 off I OF 2 11-I I-13, I-9-14 5�GTION TWU FFWF05�P 13ULKHW I?�FLACMNf -+91' (vz-') APPROX.AITA OF PROP05M12 12151UIF5MCM/l3KKfU(25 a{) 51MP5 - +15'(Var.) o f-� 10'NON-tIJ;T-f31.FM X 2"CAP 4"x 6"f0F CLAMP C 3) L x S" WALES MXG�'A7 ------ 8"DMA)MM ex ANW=0'-5"C M50 10"LAYLOG 10"x I6'PLM5 x5"'IT PROP.VINYL 6UI KIfA7 IN PLACE OF VINYL 51-EKHIN6 5tORM PAMA6EI7(NUFMCANE 5AN7Y) CONCRETE 5MAl EN-CONSULTANTS 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 631-283-6360 WOPO51�n MVLACWM Nf OF 5TOPM 19AMA09 51�AWALL F0k GA5TON FAMILY, LLC ON ASHAMOMOM f'ONI?, 50UfHOLI), 5UFFOLK CO,, NY 5H�ff 2 OF 2 11-11-13, I-9-14 James F. King,President ��OF SOUT�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 • OQ Michael J.Domino Telephone(631) 765-1892 Q � �yCOU Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD December 11, 2013 Mr. Robert E. Herrmann En-Consultants 1319 North Sea Road Southampton, NY 11968 RE: GASTON FAMILY, LLC 1875 BAYVIEW AVENUE, SOUTHOLD SCTM# 52-5-5 Dear Mr. Herrmann: The Board of Town Trustees took the following action during its regular meeting held. on Wednesday, December 11, 2013 regarding the above matter: WHEREAS, En-Consultants on behalf of GASTON FAMILY, LLC 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 November 14, 2013, 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 December 11, 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, 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 GASTON FAMILY, LLC to construct approximately 85 linear feet of vinyl bulkhead in-place of existing concrete seawall; remove existing concrete return and construct +/-15' vinyl return along inside of property line; and backfill/re-nourish eroded area landward of bulkhead with approximately 25 cubic yards clean sandy fill to be trucked in from an approved upland source; with the condition to establish and subsequently maintain a 10' wide non-turf buffer landward of bulkhead; and as depicted on the site plan prepared by En- Consultants, last dated January 9, 2014 and stamped approved on January 14, 2014. 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: $0.00 Very truly yours, James F. King President, Board of Trustees JFK/amn James F.King,President y' - Town Hall Annex Bob.Ghosio,Jr:;Vice-President %Aa- Fr 54375 Route 25,P.O.Box 109 Dave Bergen d' �' Southold,NY 11971 John Bredemeyer0j .y� �,`a�' Telephone(631)765-1892 Michael J.Domino 7!' Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: —C Sfar- 1 LL C1 Please be advised that your application dated 13 has been reviewed by this Board at the regular meeting of 13 .and your application has been approved pending the completion-of thelfollowing items checked off below. " Revised Plans.for proposed project 101 w(Je- nbfl4ur+ 6u-(Te.r 10 d"rd o-� loulk�e� Pre-Construction Hay Bale Line Inspection Fee ($50.00) , 1St Day of Construction ($50.00) Constructed ($50.00) Final Inspection Fee ($50.00). Dock Fees($3.00 per sq. ft.). Permit fees are now due. Please make check or money order payable to Town of Southold. The fee Is computed.below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The fbUowing-fee must be paid,within 90 days or re-application fees will be necessary. You will receive your pennit upon completion of the above. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE: $ BY: James F. King, President Board of Trustees Niv A 7� lyns, or 4 j �1p 7k or ;e T ram_ • Family, LLC 1875 BaView Avenue.. Southold SCTMft 52-5-5 12/4/13 gpFFO(�- James F.King,President P.O.Box 1179 Bob Ghosio,Jr.,Vice-President ��`r GS Southold,NY 11971 Dave Bergen c Telephone(631 765-1892 John Bredemeyer ,y Fax(631)765-6641 Michael J.Domino Southold Town Board of Trustees Field Inspection/Work Session Report Date/Time: / IL?24e En-Consultant on behalf of GASTON FAMILY, LLC requests a Wetland Permit to.construct approximately 85 linear feet of vinyl bulkhead in-place of existing concrete seawall; remove existing concrete return and construct +/-15' vinyl return along inside of property Fine; and backfill/renourish eroded area landward of bulkhead with approximately 25 cubic yards clean sandy fill to be trucked in from an approved upland source. Located: 1875 Bayview Avenue, Southold. SCTM# 52-5-5 Tpe of area to be impacted: _Saltwater Wetland Freshwater Wetland Sound Bay Dist ce of proposed work to edge of wetland y P 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: Conditions: Pres t Were: J. r;� g B. Ghosio D. Bergen, J. Bredemeyer�__ Michael Domino D. Dzenkowski other Form fed out in the field by Mailed/Faxed to: Date: /�� j. Ile •`� � f a.t� i • u i.+. b ja lr4'' OF so 'n'�?.'-k li 4L�,1Y3'•� iyr-`c•..''T�v,Mi,``��'��,�-?� A `�eF'+'•i•,tai �i TIN •. t � 1v4.� t - � i - � 1 .. - ' fr ' av r!Rr_: IS' :k a GASTON FAMILY, LLC, 1875 BAYVIEW AVENUE, SOUTHOLD a \ 1 y r _ A Figure 3. Looking southeast at most southerly corner of existing concrete seawall and storm damaged return to be removed and replaced with return located along property line. Suffolk Co . . Q � 1 Figure 4. Aerial view of subject property and bulkhead prior to Hurricane Sandy. Photo by Microsoft Corporation. HHv6'xT5 'd ' WTOM uxE xvew 1 4*9B d, FORP0.N0. 0 SEE SEO.NO. ¢OLNO. O+M1 M, O P.4 4 P c m P {Aµc7 12TA(d E EEO.NO. b - . I" f ${ (RESERVED FOR PAftN m.osmt \,.• .+• � o !P a of um PurcRouNDI I apQ- �\v'f� r/_ P'P yP,DP 18� •,1_` ,.1/�(c) .�d' -0 P'l•• + ,^. .. ! • $d d pO. �. 2wo y \S P �o se,s I e Y $ E \TovmoFsouman \a' t`'' ' e �r'•t' S � � soup la nw 13 Qom\�� \... �� �, � / I •p 1.3 3I 8 �'\ry+»�a �•.\ � •tip'' /, i s � ,` •...\ \\moo• + �i`%S'. y+ ' P „ 1� �.. `:�_) C a, 7g\\O PEcoNICLNNDTnoeT dh w FORD S .NO NO. EE �I y 8 +�{ •^ " S 12Pm r • � Ossa,a,u 6EE SEGN0. \ ��—��— ��—���1 B xmam � M1 �Ip, NE A —__— -------�Z--_--IINE WTGN G T? -- SEE SEG NO.O`.B -----------— --- SFI EEG N0.056 x ! WTGI d OG m 6 O 90DINOlD SECTION NO " __ NoncE COUNTY OF SUFFOLK © E '� _ —_ --o•-- _—_—.-- m x"°""H"aK,.,w�en wao. Real PloPertY Tax Service Agency r wuum $2 m �.w uu. — • w.--uT-- GmNY DFRM1re WruMR0.NY,1xN L RexM x.we (xl) O —-- A m ,� PROPERTY xUIP OFFICE LOCATION: OF Sonjiy_ MAILING ADDRESS: Town Hall Annex . h0 l0 P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) N Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 OMNI LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To:. Jim King, President DEC - 9 2013 Town of Southold Board of Trustees From: Mark Terry, Principal Planner So�thtiu ciir� LWRP Coordinator Board of Trustees Date: December 6, 2013 Re: Proposed Wetland Permit for GASTON FAMILY, LLC SCTM#1000-52-5-5 En-Consultants on behalf of GASTON FAMILY, LLC requests a Wetland Permit to construct approximately 85 linear feet of vinyl bulkhead in-place of existing concrete seawall; remove existing concrete return and construct +/-15' vinyl return along inside of property line; and backfill/renourish eroded area landward of bulkhead with approximately 25 cubic yards clean sandy fill to be trucked in from an approved upland source. Located: 1875 Bayview Avenue, Southold. SCTM# 52-5-5 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 Policy Standards and therefore is CONSISTENT with the LWRP provided that the Board requires: 1. The establishment of a non-turf(vegetated preferred) buffer. All bulkhead construction and renovation work requires the establishment of a permanent non-turf buffer as defined in § 275-11. 2. In the event that the action is approved, it is recommended that the Board requires that the existing tidal wetland vegetation be undisturbed to the greatest extent practicable during the construction of the erosion control structures. 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 Peter Young,Chairman y -�� Town Hall,53095 Main Rd. Lauren Standish,Secretary P.O.Box 1179 �► '� Southold,NY 11971 Telephone(631)765-1892 Fax(631)765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., December 4, 2013 the following recommendation was made: Moved by William McDermott, seconded by John Stein, it was RESOLVED to NOT SUPPORT the application of GASTON FAMILY, LLC to construct approx. 85 If. of vinyl-bulkhead in place of existing storm damaged concrete seawall; remove existing storm damaged concrete return and construct +/-15' vinyl return along inside of property line; and backfill/renourish storm eroded area landward of bulkhead with approx. 25 cy. of clean sandy fill to be trucked in from an approved upland source. Located: 1875 Bayview Ave., Southold. SCTM#52-5-5 Inspected by: John Stein, Peter Young, William McDermott The CAC does Not Support the application and recommends a unified revetment plan with the adjacent property owners in a manner that would protect the marsh and all wetland vegetation. Vote of Council:Ayes: All Motion Carried T s James F.King,President y Town Hall, 53095 Main Rd. Bob Ghosio,Jr.,Vice-President ,r t P.O.Box 1179 Dave Bergen Souy� � 0!� Telephone t l(63 )765?1892 John Bredemeyer Q �+a Michael J.Domino J* Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only oastal Erosion Permit Application Wetland Permit Application Administrative Permit _Amendment/Transfe/Ext nsion ✓eceived Application:_� 3 Yeceived Fee: 2 o4i f� Completed Application 13 D -: ? t ,a Incomplete - _SEQRA Classification: Type I Type 1I Unlisted NOV 1 4 2013 !oordination: (date sent) WRP Consistency AsseWment f AC Referral Sent: ZDate of Inspection.eceipt of CAC Report: _Lead Agency Determination: _/echnical Review: 1/Public Hearing Held: 174 tl I 13 Resolution: Name of Applicant Gaston Family,LLC c/o Margaret Hand&Nancy Foreman,Members Address 203 Manhasset Woods Road,Manhasset,NY 1 1 03 0-2622 Phone Number: (Hq 659-7336 Suffolk County Tax Map Number: 1000 - 52-5-5 Property Location: 1875 Bayview Avenue,Southold (provide LILCO Pole #, distance to cross streets, and location) AGENT: En-Consultants (If applicable) .Address: 1319 North Sea Road, Southampton,NY 11968 Phone:631-283-6360 CCoo J`0 Board of Trustees Applic 311 GENERAL DATA Land Area(in square feet): 15,174 s.f. Area Zoning: R-40 Previous use of property: Residential,single family dwelling Intended use of property: No Change Covenants and Restrictions: Yes X No If"Yes", please provide copy. Does this project require a variance from the Zoning Board of Appeals Yes X No If"Yes",please provide copy of decision. Will this project require any demolition as per Town Code or as determined by Building Dept. Yes X No Does the structure(s)on property have a valid Certificate of Occupancy Yes No Prior permits/approvals for site improvements: Agency Date X No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: Project Description(use attachments if necessary): Construct approximately 85 linear feet of vinyl bulkhead in place of existing storm damaged(Hurricane Sandy) concrete seawall;remove existing storm damaged concrete return and construct+/-15'vinyl return along inside of property line;and backfill/renourish storm eroded area landward of bulkhead with approximately 25 cubic yards clean sandy fill to be trucked in from an approved upland source,all as depicted on the project plan prepared by En-Consultants,dated November 11,2013. and of Trustees Applicatic WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: To replace a storm damaged(Hurricane Sandy)concrete seawall in the same location with a vinyl bulkhead and restore the storm eroded area landward of the bulkhead. Area of wetlands on lot: 0 square feet Percent coverage of lot: 0 °% Closest distance between nearest existing structure and upland edge of wetlands: N/A feet Closest distance between nearest proposed structure and upland edge of wetlands: N/A feet Does the project involve excavation or filling? No X Yes If yes, how much material will be excavated? N/A cubic yards How much material will be filled? +/-25 cubic yards Depth of which material will be removed or deposited: N/A feet Proposed slope throughout the area of operations: N/A Manner in which material will be removed or deposited: Approximately 25 cubic yards of sandy fill will be dumped and graded behind the new bulkhead as backfill and to restore storm eroded areas. Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): The project seeks to replace an existing concrete seawall damaged during Hurricane Sandy with a vinyl bulkhead in the same location to restore the property's historical method of protection again erosion and flooding. Other than relocating the existing storm damaged return to the applicant's property along inside the property line,the project will effectively maintain the historically preexisting conditions along this bulkheaded shoreline without any change in or significant adverse impact on the adjacent tidal wetlands or tidal waters of the Town. 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing Part I-Project Information.The applicant or project sponsor is responsible for the completion of Part 1.Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part I based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1.You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part I-Project and Sponsor Information Name of Action or Project: Gaston Family Bulkhead Replacement Project Location(describe,and attach a location map 1875 Bayview Avenue,Town of Southold,SCTM 1000-52-5-5;property located on south side of Bayview Avenue, 228'+/-west of Colony Road. Brief Description of Proposed Action: Construct approximately 85 linear feet of vinyl bulkhead in place of existing storm damaged(Hurricane Sandy) concrete seawall;remove existing storm damaged concrete return and construct+/-15'vinyl return along inside of property line;and backfill/renourish storm eroded area landward of bulkhead with approximately 25 cubic yards clean sandy fill to be trucked in from an approved upland source,all as depicted on the project plan prepared by En-Consultants,dated November 11,2013. Name of Applicant or Sponsor: Telephone: 516-659-7336 Gaston Family,LLC c/o Margaret Hand&Nancy Foreman,Members E-Mail: Address: 203 Manhasset Woods Road City/PO: State: Zip Code: Manhasset NY 11030-2622 1.Does the proposed action only involve the legislative adoption of a plan, local law,ordinance, NO YES administrative rule,or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that X may be affected in the municipality and proceed to Part 2.If no, continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes, list agency(s)name and permit or approval: NYS DEC GP-0-13-006 Hurricane Sandy General Permit X 3.a.Total acreage of the site of the proposed action? 0.348 acres b.Total acreage to be physically disturbed? 2,000 s.f. c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 0.348 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial ®Residential(suburban) ❑Forest ❑Agriculture ®Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 5.Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? X b.Consistent with the adopted comprehensive plan? X 6.Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? X 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: Name:Mill Creek,Name:Peconic Bay and Environs,Reason:Signicant coastal fish&wildlife habitat Reason:protect public helath,water,vegetation&scenic beauty,Agency:Town of Southold;Ageny:Suffolk County X 8. a. Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: N/A 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: N/A 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: N/A 12.a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? X X 13. a.Does any portion of the site of the proposed action,or lands adjoining the proposed action, contain NO YES wetlands or other waterbodies regulated by a federal, state or local agency? X b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? X If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14.Identify the typical habitat types that occur on,or are likely to be found on the project site.Check all that apply. ® Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ® Wetland ❑Urban ® Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? X 16.Is the project site located in the 100 year flood plain? NO YES X 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? ❑NO❑YES X b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO❑YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: X 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: X 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name. R rt E.Herrmann,Coastal Mgmt. Specialist Date: November 13,2013 Signature: Part 2-Impact Assessment.The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part I and other materials submitted by the project sponsor or otherwise available to the reviewer.When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? ✓ 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: F/ a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate small to large impact impact may may occur 10.Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance.The Lead Agency is responsible for the completion of Part 3.For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part I Part 3 should, in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts.Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude.Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. 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. ,0dt)1-Zb ela7`�y1 TE S �/ o�a// 3 Name of Lead Agency /��� Date , �I S " G2,-e sI" W, ;P— Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer ignature of Responsible Offic r' Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 NOTICE TO ADJACENT PROPERTY OW BOARD OF TRUSTEES, TOWN OF SOUTHOLD DEC - 4 2013 In the matter of applicant: 5o�tr;o d icv n" Boar f u5tees to Gaston Family,LLC SCTM#1000-52-5-5 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: The project seeks to replace an existing concrete seawall damaged during Hurricane Sandy with a vinyl bulkhead in the same location to restore the property's historical method of protection again erosion and flooding. Other than relocating the existing storm damaged return to the applicant's property along inside the property line,the project will effectively maintain the historically preexisting conditions along this bulkheaded shoreline without any change in or significant adverse impact on the adjacent tidal wetlands or tidal waters of the Town. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 1875 Bayview Avenue,Southold 3. That the project which is subject to Environmental Review under Chapters 96,111 and/or 275 of the Town Code is open to public comment on: DATE' Wednesday,December 11,2013 @ 5:30 p.m. You may contact the Trustees Office at 765-1892 or in writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. Gaston Family,LLC c/o Margaret Hand&Nancy Foreman,Members PROPERTY OWNERS NAME: 203 Manhasset Woods Road MAILING ADDRESS: Manhasset,NY 11030-2622 PHONE#: 516-659-7336 AGENT: En-Consultants MAILING ADDRESS: 1319 North Sea Road,Southampton,NY 11968 PHONE #: 631-283-6360 Enc: Copy of sketch or plan showing proposal for your convenience. 'M s. 2- ° U a ,'� t ,^. 51 Ir Postage $ — I Ir IO Postage $ Certified Feerq n- t, Certified Fee fli C] Return Receipt Fee ? Postmark IM Postmark C] (Endorsement Required) i c� Here I Return Receipt Fee C7 C7 (Endorsement Required) Here Restricted Delivery Fee NOV1 C3 (Endorsement Required) v°�,2PEgy Restricted Delivery Fee ?� U/rp (Endorsement.Required) i °4JA?ry 0 Total P--•---^ --- ; a- U! i r-q 1, 1 j':_ i C] Total Pa.......,o d Sent To $ r� m Catherine Canano "'- sent TopS pStreet 8 Del Lane -------- a Charles&Stephanie McEvily r C3 Sfreet,4F 68 Roxen Roa ------- ���a Commack,NY 11725 ,__------ M1 ortPC Be; Rockville Centre NY 11570 Ci ,State e o + .ate a � � � • - . y•: p l� tit 3 `'_ r'L"x da^"' , t M1CO 117- CO $ Q- - PostagecO $ r, r-qCertified Fee ~^!t I' Certified Fee C3 Return Receipt Fee Postmark I Postmark C3 (Endorsement Required) Here Return Receipt Fee C] C] (Endorsement Required) pe•Here Restricted Delivery Fee A! C7 `v�J ✓!� ryg e4�r Restricted Delivery Fee C3 (Endorsement Required) ®�'� ry g C / td1Sy (Endorsement Required) ; a- �, � Total P..,..-....e_r..,.,, � , ;.I r� C] Total Post--°---- f� tY I Sent Tc W^`5 p S tY I sent To Town of Southold a Southold Venture,Inc. C3 or POI f 18 Ships Point Lane --------- C3sireer,apt: Town Hall city si r` or PC Box) 53095 Main Road Port Jefferson,NY 11777 City State, Southold,NY 11971 • f -ROOF OF MAILING OF NOTICE' ATTACH CERTIFIED MAIL RECEIPTS Name: Address: Catherine Carrano 8 Del Lane Commack,NY 11725 Charles&Stephanie McEvily 68 Roxen Road Rockville Centre,NY 11570 Southold Ventures,Inc. 18 Ships Point Lane Port Jefferson,NY 11777 Town of Southold Town Hall,53095 Main Road Southold,NY 11971 STATE OF NEW YORK COUNTY OF SLTMLK Robert E.Hermann doing business at En-Consultants 1319 North Sea Road Southampton,NY 11968 , being duly swum, deposes and says that on the 27th day of November ,20 13 , deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Southampton , that said Notices were Mailed to each of said persons by (certified)(rxgisl arcad) mail. Robert E.Herrmann Coastal Management Specialist Sworn to before me this 27th HIM H. STEPHENS day of November ,20 13 NOTARY PUBLIC STATE OF NEW YORK COMMISSION No . 5015931 QUALIFIED IN SUFFOLK COUNTY Notaiy Public EXPIRES AUGUST 2 . 2011 t s� James F.King,President h Town Hall,53095 Main Rd. Bob Ghosio,Jr.,Vice-President ,�. P.O.Box 1179 Dave Bergen `$ Southold,NY 11971 John Bredemeyer �0 � Telephone (631)765-1892 Michael J. Domino Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of GASTON FAMILY, LLC COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING TO BE COMPLETED AFTER POSTING REMAINS IN PLACE FOR EIGHT DAYS I, Brian Riley ,rzWiugAt/dbaEn-Consultants 1319 North Sea Road,Southampton,NY 11968 being duly sworn, depose and say: That on the 2nd day of December , 2013, I personally posted the property known as 1875 Bayview Avenue,Southold,SCTM#1000-52-5-5 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, December 11, 2013. Dated: 6,—, (signature) Brian Riley Sworn to before me this /fi" day of �jtx- 20 /3 ar ublic M H STEPHENS NOTARY PUBLIC STATE OF NEW YORK COMMISSION N0 . 5015931 GUALIFIED IAUGUSFTF 2LK20-0 r, Board of Trustees Application AUTHORIZATION (where the applicant is not the owner) yv I, L LC residing at I-0A DUI,Ru.1 (print owner of pr-ope ). (mailing address). r?-. Pal) W-A6 i A1M by do hereby authorize (Agent) E lV- CO N f u G 7,q-/V TS to apply for permit(s)from the Southold-Board of To tees on-my behalf-. C —'(Own nature) Board of Trustees Application- County of Suffolk State of New York G"/4$rou "111L-y L[.c 13 y �r5 ly�n+9�itS Ila rl Q 010 -' 46ND Q. Al Ahc 1---?J✓1 —BEING-DULY Y SWORN- DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S).AND THAT_ALL.STATEMENTS CONTAINED HEREIN.ARE- TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF,AND THAT ALL WORK WILL.BE.DONE.IN-THE-MANNER-SET FORTRIN.THIS.APPLICAT ION-AND AS-MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO BOLD 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 T INSPECT THE PREMISES IN CONJUNCTION WIT VIEW OF THI PL CAT.IIOON. Si ature SWORN TO BEFORE ME THIS DAY OF -rU t,! ,20 Notary Public STEPHEN B. HAND Notary Public,State of New York No. 6754350 Qualified in Nassau County Commission Expires January 31, 2015_ APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Snnthnld'a(`ode of Ethics prohibits conflicts of interest on the W oftown officers and emgloMs The pnraose 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 some. YOUR NAME: (Last name,first name,middle iniT tial,unless you are applying in the name of t1*125AI)p 7- someone else or other entity,such as a company.If so,indicate the other /rs MP person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption fiom plat or official map Planning Other (If"Other",name the activity.)b 91Aj k__eT_4/Ili/Aj!, 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 employeehas even-a partial ownership of(or-employment-by)-a-corpomtion- in which the town officer or employee owns more than 5%of the shares. YES NO If-you answered"YES',-complete the balance of this form and-date and-sign where indicated: Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/reprewntative)-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-ofany interest in-a-non-corporate entity(when-the applicant is not a corporation); C)atrotticer,director;partner,oremployee of the-applieant;-or- D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted.thi!a day.of SU t 2003 Signature W Print Name � _ Form TS 1 OA Wrt pn� 1 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for perm its' including Town of Southold agencies, shall com plete this CCAF for proposed actions that are subject to the Town of Southold W aterfront Consistency Review Law , This assessm eot is intended to supplem ent other inform ation used by a Town of Southold agency in m a k in g a d e t e r m in a t i o n o f c o n s is t e n c y. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both supporting and non- supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the PI , libraries and the Town Clerk's office. r .. ``.,.. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 52 - 5 _ 5 NOV 1 4 2013 PROJECT NAME Gaston Family,LLC The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital VN construction, planning activity, agency regulation, land transaction) ❑ (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Construct approximately 85 linear feet of vinyl bulkhead in place of existing storm damaged(Hurricane Sandy)concrete seawall; remove existing storm damaged concrete return and construct+/-15'vinyl return along inside of property line;and backfill/renourish storm eroded area landward of bulkhead with approximately 25 cubic yards clean sandy fill to be trucked in from an approved upland source,all as depicted on the project plan prepared by En-Consultants,dated November 11,2013. All policies have been checked"Not Applicable"because it is our understanding pursuant to Town Code§268-5("Review of Actions") and the corresponding definitions of"action"and"minor action"by§286-3 ("Definitions")that the project meets the following definition of a minor action and is thus not subject to waterfront consistency review pursuant to chapter 268: "GG.Within all Town Creeks,replacement of existing bulkhead on the applicant's property in the same location with a silt contain deployed prior to and during construction." Location of action:1875 Bayview Avenue, Southold Site acreage: 15,174 s.f. Present land use: Residential,single family dwelling Present zoning classification: R-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Gaston Family,LLC (b) Mailing address: c/o Margaret Hand&Nancy Foreman,Members 203 Manhasset Woods Road,Manhanseet,NY 11030-2622 (c) Telephone number: Area Code 516-659-7336 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? NYS DEC GP-0-13-006 Yes ® No ❑ If yes, which state or federal agency?Hurricane Sandy General Permit C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III- Policies; Page 2 for evaluation criteria. Yes El No ® Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III- Policies Pages 3 through 6 for evaluation criteria ❑ Yes 0 No ® 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 ❑ No ® Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III -Policies Pages 8 through 16 for evaluation criteria ❑Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. ❑Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ No® Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ❑ Yes [—] No® Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's w __ -dependent uses and promote siti if new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ❑Yes ❑ No® Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable PREPARED BY TITLE coastal Mgmt. specialist DATE 11/13/13 Robert E.Mn-mann Amended on 811105 i l EN-CONSULTANTS November 13 2013 nQ ` -•• E Town of Southold U1 NOV 14 2013 Board of Trustees 54375 Main Road Post Office Box 1179 ` Southold,New York 11971 Re: Gaston Family, LLC 1875 Bayview Avenue, Southold SCTM#1000-52-5-5 Dear Board of Trustees: In regard to the above referenced property, enclosed are the following for the Board of Trustees review: 1. Three(3)Wetland&Coastal Erosion Permit Applications including: a) Short Environmental Assessment Form; b) Authorization&Disclosure Forms; c) Project plan prepared by En-Consultants, dated 11-11-13; and d) Land survey prepared by Peconic Surveyors,P.C.,dated 9-11-13. 2. One(1)set of site photographs. 3. Application fee of$250.00. 4. Three(3)LWRP Consistency Assessment Forms including: a) Project plan. I trust this information shall allow you to process our permit request. Should any additional information be required, please do not hesitate to contact our office. Sincer l.. Robert E. Herrmann Coastal Management Specialist /khs Enc. t 't. �r l . North Sea Road Southampton,New York 11968 p 631.283.6360 f 631.283.6136 www.enconsultants.com environmental consulting i A6- �.r