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Logiudice
Glenn Go ith, President �¢ � Town Hall Annex A.Nicholas Krupski, Vice President 54375 Route 25 John M. Bredemeyer III P.O. Box 1179 �` Michael J. Domino a' Southold,NY 11971 Greg Williams Telephone(631)765-1892 ` Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SUT OLD Date/Time: 112/9/0) g 1S Completed in field by: Costello Marine Contracting Corp. on behalf of JOSEPH & MARY ELLEN LOGIUDICE request a Wetland Permit to construct a 4'x40' landward ramp onto a 4'x110' fixed dock with a 4'x40' "L" section at seaward end; construct a 4'x40' lower platform with a 5'x4' access platform and a 4'x16' ramp; install three (3) two-pile dolphins; and proved water and electrical service to dock. Located: 10995 North Bayview Road, Southold. SCTM# 1000-79-5-20.14 - - SETBACKS WETLANDActual Footage or OK=4 Setback Waiver Required 1. Residence: 100 feet 2. Driveway: 50 feet 3. Sanitary Leaching Pool (cesspool): 100 feet 4. Septic Tank: 75 feet 5. Swimming Pool and related structures: 50 feet 6. Landscaping or gardening: 50 feet 7. Placement of C&D material: 100 feet TOP OF BLUFF: 1. Residence: 100 feet 2. Driveway: 100 feet 3. Sanitary leaching pool (cesspool) 100 feet: 4. Swimming pool and related structures: 100 feet Public Notice of Hearing Card Posted: Y / N Ch. 275 Ch. 111 SEQRA Type: I II Unlisted Action Type of Application: Pre-Submission Administrative Amendment ✓Wetland Coastal Erosion Emergency Violation Non-Jurisdiction Survey :5 5 years: Y/N Wetland Line by: C.E.H.A. Line Additional information/suggested modifications/conditions/need for outside review/consultant/application completeness/comments/standards: ea I have read & acknowledged the foregoing Trustees comments: Agent/Owner: Present were: ✓ J. Bredemeyer M. Domino G. Goldsmith V1 N. Krupski G. Williams Other NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Division of invlranmontal Permits,Rogion 1 SUNY a Stony Brook,60 OrcIa Road,Stony Brook,NY 11790 P;(631)444-0366 I F;(631)444-0360 www.d@c.ny.gov LEAD AGENCY COORDINATION E PO SE December 7, 2021 Glenn Goldsmith Southold Town Trustees PO Box 1179 Southold, NY 11791 ATe Re: Application #1-4738-04815/00001 Logiudice Property: 10995 North Bayview Road — SCTM# 1000-79-5-20.14 a Dear Glenn Goldsmith: This letter responds to your communication dated October 26, 2021, regarding lead agency coordination for the above project pursuant to the State Environmental Quality Review Act (SEQRA) of the Environmental Conservation Law and its implementing regulations (6NYCRR Part 617). The Department has no objection to your agency assuming lead agency status for this action. Please feel free to contact this office at 631-444-0365 for further information or discussion. Sincerely, f ., e Ely a Scott Environmental Analyst �' w� aK Prtar�� 1 of J. 0'err utrnrtfol f Soil Glenn Goldsmith, President + � Town Hall Annex A. Nicholas Krupski,Vice President ' 54375 Route 25 P.O. Box 1179 John M.Bredemeyer III Southold, New York 11971 Michael J.Domino Telephone(631) 765-1892 Greg Williams II * Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD October 26, 2021 Roger Evans N.Y.S. Department of Environmental Conservation 50 Circle Road SUNY @ Stony Brook Stony Brook, NY 11790-3409 RE: LEAD AGENCY COORDINATION REQUEST The purpose of this request is to determine under Article 8 (State Environmental Quality Review — SEQR) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: • Your Agency's interest in acting as lead agency; Your Agency's jurisdiction in the action described below; and Issues of concern which your agency believes should be evaluated. Enclosed is a copy of the permit application and a completed Part 1 of the Environmental Assessment Form to assist you in responding. Project Name: JOSEPH & MARY ELLEN LOGIUDICE Project Location: 10995 NORTH BAYVIEW ROAD, SOUTHOLD SCTM#: 1000-79-5-20.14 Type of Permit Application: WETLAND PERMIT SEQRA Classification: [ ] Type 1 [X] Unlisted Trustee Contact Person: Glenn Goldsmith Trustees Position: President [ X ] The Southold Trustees wish to assume lead agency status for this action [ ] The Southold Trustees have no objection to your agency or another agency assuming lead agency status for this action, but reserves the right to comment on this action if a positive determination of significance is made. [ ] The proposed action has been identified by the Southold Trustees as occurring wholly or partially within or substantially contiguous to a critical environmental area (CEA) that was designated by Suffolk County, New York. It is the position of the Southold Trustees that your agency, if it has a jurisdiction over the action, should assume the lead agency role based on the existence of the CEA and the fact that the anticipated impacts are primarily of non-local significance. [ ] The Southold Trustees have no objection to your agency or another agency assuming lead agency status for this action, but we have the following concerns regarding this project (see "comments" below). [ ] Other. (See Comments below) Comments (optional): • The proposed dock will cause fragmentation of habitat and structural intrusion and change to the continuity and configuration of the natural shoreline. • The area of the shoreline where the dock is proposed currently is not developed with docks, and in following the stated intent of the Town Code, the Trustees are committed to preserving such sections of shoreline which still exist in their natural state, and to enhancing visual quality and protecting scenic resources of the Town. • The proposed dock is in very shallow water, and will cause interference with navigation, with the fish weir, and with boats traveling along the shore. Response: Please respond to this request within 30 days of the date of this letter. If no response is received within 30 days, we will assume that you have no comments to offer regarding the proposed action at this time. If neither your agency nor any other involved agency has indicated a willingness to serve as lead agency within 30 days of this letter: [X] We will designate the Southold Trustees a lead agency for this action. [ ] We will petition your agency to designate your agency as lead, presuming you have jurisdiction. Please feel free to contact this office for further information or discussion. y Truly ur r By: Glenn Goldsmith Title: President Town of Southold Board of Trustees SMITH,FiiNKELSTEiN,LUNDBIERG,ISLER AND YARABOSKII,ILLP ATTORNEYS AND COUNSELORS AT LAW 456&UIFFING AVENUE,CORNER OF TIaqGOMN STREET P.O.BOX 389 RIVERHEAD,N.Y.11901-0203 MRANIT A.ISLER HOWA=M.rTN=ST= SUSAN BOG MIS GRUN (631)727-4100 IRETTRED GAM G.BETTS ITRJNNM A rs M GT=EIRSON FAX(631)727-4130 PXEP-UE G.ExrbMBERG I.' SIEGEL — RET=D E-I&A-IL:sfliy@peconic.net MIANGIS J.YARABOSIECI OF COUNSEL IREGINAIM G.Sl a= 1926-1983 April 11, 2008 James F. King, President Southold Board of Trustees Town Hall iI APR 14 2008- P.O. Box 1179 Southold, New York 11971 Re: Joseph Logiudice v. Southold Town Boded of Trustees Dear Mr. President: We are pleased to report that the Appellate Division has affirmed the judgment of the lower Court which had sustained the Trustees' denial of the dock permit. A copy of the Court's decision is enclosed. FRANK A. ISLER FAI/mm Enclosure cc w/ enclosure: Kieran Corcoran, Esq, 0 C f 8, 2021 Matte 'Logiudice v Southold Town Bd. of Tru, s (2008 NY Slip Op 03221) Page 1,of 3 Matter of Logiudice v Southold Town Bd. of Trustees __........................ 2008 NY Slip Op 03221 Decided on April 8, 2008 Appellate Division, Second Department Published by New York Stake Lava RgpQi-1jng.Bjg 1:pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. Decided on April 8, 2008 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT WILLIAM F. MASTRO, J.P. JOSEPH COVELLO THOMAS A. DICKERSON RANDALL T. ENG, JJ. 2006-12010 (Index No. 1997/06) [*1)In the Matter of Joseph Logiudice, appellant, v Southold Town Board of Trustees, et al., respondents. William D. Moore, Southold, N.Y., for appellant. Smith, Finkelstein, Lundberg, Is ler & Yakaboski LLP ` � ), 2021 1 Riverhead,N.Y. (Phil Siegel of counsel), for respondents. DECISION & ORDER In a proceeding pursuant to CPLR article 78 to review a determination of the Southold Town Board of Trustees dated September 21, 2005, which, after a hearing, denied the http://www.nycourts.gov/reporter/3dseries/2008/2008-0322 Lhtm 4/11/2008 Matte _'Logiudice v Southold Town l3d. of Trm;, s (2008 NY Slip Op 03221) Page 2 of 3 petitioner's application for a special use permit to construct a dock, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Molia, J.), entered November 27, 2006, which denied the petition and dismissed the proceeding. ORDERED that the judgment is affirmed, with costs. The petitioner, the owner of a parcel of real property on the Peconic Bay in Southold, submitted an application to the Southold Town Board of Trustees (hereinafter the Board) for a special use permit to construct a dock from his property into the bay. After a public hearing was held with respect to the application, but before the Board rendered its decision, the Town of Southold Local Waterfront Revitalization Program (hereinafter the LWRP) was enacted. The petitioner was informed that his proposed project was now subject to the provisions of the LWRP and that his application would be reviewed in accordance therewith. Subsequently, the Board denied the petitioner's application, relying, in part, on the report of the LWRP Coordinator, who had recommended to the Board that it deny the application based upon the proposed project's various inconsistencies with the policy standards of the LWRP. Contrary to the petitioner's claim, he was not entitled to have his application reviewed by the [*2]Board without reference to the LWRP, as there is no evidence in the record to support the petitioner's allegation that the Board acted in bad faith and deliberately delayed rendering a decision on his application until after the LWRP was enacted (see Matter of Alscot Inv. Corp. v Incorporated Vil. of Rockville Ctr., 64 NY2d 921, 922; Matter of Semerjian v Vahradian, 186 AD2d 202; Matter of Lawrence School Corp. v Morris, 167 AD2d 467, 468). Further, there is no merit to the petitioner's claim that the Board, in rendering its decision, improperly relied on the report of the UAW Coordinator without affording him an opportunity to respond to the report or rebut it, as the report, which did not contain any new factual allegations, was prepared by "a municipal officer without a vested interest in the decision" (Matter of Stein v Board of Appeals of Town oflslip, 100 AD2d 590, 591). In any event, the Board's determination was properly upheld even without reference to the report (see Matter of Linzenberg v Summer, 277 AD2d 316), since it set forth at least six different reasons for the denial of the petitioner's application independent of the LWRP, any of which, r I II http•//www.nycourts.gov/reporter/3dseries/2008/2008w���.�� 8 2 "����14/1 V2 0 03221.htm i ..L. � �.� ' "� Matte. _Logiudice v Southold Town Bd. of Trus (2008 NY Slip Op 03221) Page 3 of 3 standing alone, would have provided the Board with a valid reason for denying the application (see Matter of Halperin v City of New Rochelle, 24 AD3d 768, 772). Finally, because the Board determined to deny the petitioner's application, "no action having a significant effect on the environment was undertaken," and, as such, "it was unnecessary for the Board, as lead agency, to comply with the requirements of the State Environmental Quality Review Act" (Matter of Retail Prop. Trust v Board of Zoning Appeals of Town of Hempstead, 301 AD2d 530, 531-532; see Matter of Cappelli Assoc. v Meehan, 247 AD2d 381, 382; Matter of Wade v Kujawski, 167 AD2d 409, 410). Accordingly, the Supreme Court properly denied the petition and dismissed the proceeding. MASTRO, J.P., COVELLO, DICKERSON and ENG, JJ., concur. ENTER: James Edward Pelzer Clerk of the Court togecis ti 't Mug-- J , C1 1 8 2021 http://www.nycourts.gov/reporter/3dseries/2008/2008-03221.htm 4/11/2008 SmiTu,FiNI ELSTimN,LIUNDBERG,ISLER AND YAKABOSgI,LLP ATTORNEYS AND COUNSELORS AT LAW 456 GRIFFING AVENUE,CORNER OF LINCOLN STREET P.O.HOX 389 RIVFRIMAD,N.Y.11901-0208 FRANK A.ISLER I OWARD M.FJIIT T.STEIN SUSAN ROGER S GRUN (631)727-4100 $t,TIRED GAIR G BETTS JEAISMA=GUNDERSON FAX(631)727-4130 PM nUE G.LUNDBERG PHIL SIEGEL MUTIRED ...... E-mAIm:sfliy@peconic.net MR—kNOIS J.Y n RABOSKI OF CaUNSEL RE GINAIM C.Sl=H t�a2tt-i�s� April 11, 2008 James F.King,President Southold Board of Trustees Town Hall APR 1 4 2008 P.O. Box 1179 Southold,New York 11971zur"- - F: _ Re: Joseph Logiudice v. Southold Town Bo&d--j Index No. 06-01997 Dear Mr. King: Enclosed please find a copy of the Notice of Entry we served in the above- referenced case. Thank you for your attention to this matter. Very truly yours, Phil Siegel PS:lb Enclosure cc, with enclosure: Kieran Corcoran,Esq. _.... - 1 . OCT8 20N 1 « . SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION:SECOND JUDICIAL DEPARTMENT --------------------------------------------X JOSEPH LOGIUDICE, Petitioner/Appellant, Suffolk County Index No. -against- 01997-2006 SOUTHOLD TOWN BOARD OF TRUSTEES and Appellate Division TOWN BOARD OF , THE TOWN OF SOUTHOLD, Docket No. _w 2006-12010 Respondents/Respondents . '? _-- -_ _ ___----- -- -- -_--_ __ _ - - � -X u � NOTICE OF ENTRY(M+ �. � SIRS: PLEASE TAKE NOTICE that the within i 4 a true DECISION and ORDER duly entered in the office-µof the Clerk of the within named court on the 8th day of April 2008 . Dated: Riverhead, New York April 11, 2008 Phil Siegel, Ed „ Smith, Finkelstein, Lundberg, Isler & Yakaboski, LLP. Attorneys for Respondents/Respondents 456 Griffing Avenue P.O. Box 389 Riverhead, New York 11901 (631) 727-4100 To. William D: Moore, Esq. " Attorney for Petitioner/Appellant 51020 Main Road Southold, New York 11971 0CI, �)"� u 6 __ i Matter o' giudice v Southold Town Bd. of Trustee' W8 NY Slip Op 03221) Page 1 of 3. ]Matter of Logiudice v Southold Town Bd. of Trustees M F_- 2008 NY Slip Op 03221 Decided on April 8,20018 Appellate Division, Second Department Published by New York Sete Lawv Rgp rt.ng l ,r tenu.pursuant to Judiciary Law § 431. This opinionjs uncorrected and subject to revision before publication in the 'Official Reports. Decided on April 8, 2008 SUPREME COURT-OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT WILLIAM F. MASTRO, J.P. JOSEPH COVELLO THOMAS'A. DICKERSON RANDALL,T. ENG, JJ. „ 2006-12010 (Index'No. 1997/06) [xl]In the Matter of Joseph Logiudice, appellant, v Southold Town Board of Trustees, et al., respondents. ... William D. Moore, Southold,N.Y., for appellant. Smith, Finkelstein, Lundberg, Isler & Yakaboski, LLP, Off° 8 2021 Riverhead, N.Y. (Phil Siegel of counsel), for , 1 respondents. t DECISION & ORDER In a proceeding pursuant to CPLR article 78 to review a determination of the Southold Town Board of Trustees dated September 21, 2005, which, after a hearing, denied the petitioner's application for a special use permit to construct a dock, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Molia, J.), entered November 27, http://www.nycourts.gov/reporter/3dseries/2008/2008_03221.htm 4/11/2008 Matter o: oiudice v Southold Town Bd. of Trustee: 08 NY Slip Op 03221) page 2 ot'3 2006, which'denied the petition and dismissed the proceeding. ORDERED that the judgment is affirmed, with costs. The petitioner, the owner of a parcel of real property on the Peconic Bay in Southold, submitted an application to the Southold Town Board of Trustees (hereinafter the Board) for a special use permit to construct a dock from his property into the bay. After a public hearing was held with respect to the application, but before the Board rendered its decision, the Town of Southold Local Waterfront Revitalization Program (hereinafter the LWRP) was enacted. The petitioner was informed that his proposed project was now subject to the provisions of the LWRP and that his application would be reviewed in accordance therewith. Subsequently, the Board denied the petitioner's application, relying, in part, on the report of the LWRP Coordinator, who had recommended to the Board that it deny the application based upon the proposed project's various inconsistencies with the policy standards of the LWRP. Contrary to the petitioner's claim, he was not entitled to have his application reviewed by the [*2]Board without reference to the LWRP, as there is no evidence in the record to support the petitioner's allegation that the Board acted in bad faith and deliberately delayed rendering a decision on his application until after the LWRP was enacted (see Matter of K..... Alscot Inv. Corp. v Incorporated Vil. of Rockville Ctr., 64 NY2d 921, 922; Matter of Semerjian v Vahradian, 186 AD2d 202;Matter of Lawrence School Corp. v Morris, 167 AD2d 467, 468). Further, there is no merit to the petitioner's claim that the Board, in rendering its decision, improperly relied on the report of the LWRP Coordinator without affording him an opportunity to respond to the report or rebut it, as the report, which did not contain any new factual allegations, was prepared by "a municipal officer without a vested interest in the decision" (Matter of Stein v Board of Appeals of Town of Islip, 100 AD2d 590, 591). In any event, the Board's determination was properly upheld even without reference to the report (see Matter of Linzenberg v Summer, 277 AD2d 316), since it set forth at least six different reasons for the denial of the petitioner's application independent of the LWRP, any of which, standing alone, would have provided the Board with a valid reason for denying the application (see Matter of Halperin v City of New Rochelle, 24 AD3d 768, 772). Finally, because the Board determined to deny the petitioner's application, "no action having a significant effect on the environment was undertaken," and, as such, "it was http://www.nycourts.gov/reporter/3dseries/2008/2008 03221.htm 4/11/2008 Matter of. ;iudice v Southold Town Bd. of Trustees 08 NY Slip Op 03221) Page 3 of 3 unnecessary for the Board, as lead agency, to comply with the requirements of the State Environmental Quality Review Act" (Matter of Retail Prop. Trust v Board of Zoning Appeals of Town of Hempstead, 301 AD2d 530, 531-532; see Matter of Cappelli Assoc. v Meehan, 247 AD2d 381, 382;Matter of Wade v Kujawski, 167 AD2d 409, 4.10). Accordingly, the Supreme Court properly denied the petition and dismissed the proceeding. MASTRO, J.P., COVELLO, DICKERSON and ENG, JJ.; concur. ENTER: James Edward Pelzer Clerk of the Court I ., a 2021 http://www.nygourts.gov/reporter/3dseries/2008/2008_03221.htm 4/11/2008 STATE OF NEW YORK, COUNTY OF ATTORNsra AFFIRMATION The undersigned,an attorney admitted to practice in the courts of New York State, shows: that deponent is the attorney(a) of record for in the within action; that deponent has read the foregoing and knows the contents thereof; that the same is true to deponent's own 'knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to chore matters d ponent believes it to be true. Deponent Nrk.her says that the reason this verification is made by deponent and not by The grounds of deponent's belief as to all matters not stated upon deponent's knowledge are as follows: The undersigned affirms that the foregoing statements are true, under the penalties of perjury, Dated: STATE OF NEW YOM COUNTY OF ss.: INDIVIDUAL VERIFICATION being duly sworn,deposes and says that deponent is the in the within action;that deponent has read the foregoing and knows the contents thereof; that the same is true to deponent's own knowledge, except as to the matters therein stated to be alleged on information and belief,and that as to those matters deponent believe it to be true. Sworn to before me,this day of 20 _ ..-._._.. .. ... „. Notary Public _..._... STATE OF NEW YORK, COUNTY OF as.: CORPORATE VERIFICATION being duly sworn.deposes and says that deponent is the of the corporation named in the within action; that deponent has read the foregoing and knows the contents thereof; and that the same is true to deponent°s own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters deponent believes it to be true. Tids Verification is made by deponent because is a corporation, Deponent is an officer thereof,to-wit.its The grounds of deponent's belief as to all matters not stated upon deponenes knowledge are as follows: Shorn to before me,this day of 20 --------- Notary Public STATE OF NEW YORK, COUNTY OF E9.P. AFFIDAVIT OF SERVICE BY MAIL being duly sworn, deposes and says, that deponent is not a party to the action, is over lE years of age and resides at That on the day of 20 deponent served the within upon attorney(s) for in this action,at the address designated by said attorney(s) for that purpose by depositing a true copy of same enclosed in a postpaid properly addressed wrapper, in — a post office — official depository under the exclusive care and custody of the United States post office department within the State of New York. Sworn to before me,this day of 20 Notary..— ...-�.Public index No 06-01997 Appellate Division Docket No.2006-12010 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION: SECOND DEPARTMENT JOSEPH LOGUIDICE, Petitioner/Appellant, -against- SOUTHOLD TOWN BOARD OF TRUSTEES AND SOUTHOLD TOWN BOARD, Respondents/Respondents.. DECISION AND ORDER WITH NOTICE OF ENTRY � I SMITH,FINKELSTEIN, LUNDBERG, ISLER and YAKABOSKI,LLP r Attorneys for Respondents/Respondents Office and Post Office Address 456 Gnffing Avenue,E O Box 389 RIVERHEAD,NEW YORK 11901-0203 �!zz Tel.631-727-4100 I I Fax 631.727A130 E-MAIL sffiy@q econrc.net ]Y Service of a copy of the within is hereby admitted. Dated, Attomey(s)for Sir:—Please take notice NOTICE OF ENTRY That the within is a(certified)true copy of a duly entered in the office of a clerk of the within named court on 20 QTmz Or A'ETTLEMyN'T, that an order of which the within,is a true copy will be presented for settlement to the HON. one of the judges of the within named Court, at on the day of 20 at M. Dated, Yours,etc. SMITH, FINKELSTEIN, LUNDBERG, ISLER and YAKABOSKI, LLP Attorneys for Office and Post Office Address 456 Gnffing Avenue,P.O Box 389 RIVERHEAD,NEW YORK 11901-0203 To Tel 631-727-4100 Frx-631.727.4130 Attomey(s)for &MAIL s81y@pecotac net SMITH,FINHELSTEIN,LUNDBERG,ISLER AND YA.HA.BOSKI,LLP .^aT"f°ORI,��,YS AN:E:7 AT I.,..a'iW , 456 C 'III1 Li l:"N4"° AVEWUE,.COILNEI"i..OF LINGOL.N STREET w 4 P.O.BOX 389 RIVE ,N.Y.11901-0203 FRANK A.ISLER HOWARD M.FINHZLSTEIN SUSAN ROGERS GRAN (631)727-4100 OF COUNSEL GAIR G.BETTs '� .....IT...,.,., JEA.NMARIE GU2SDERSON FAX(631)727-4130 PIERRF.G.LUNDBERG " PHIL SIE GEL RETIRED E-31A=:sfliy@peconic.net F ANCIS J.-E-k AROSHI OF COUNSEL February 26, 2007 REGINALD 0.SMITH 1026-1OB3 , y w `.::j ... u..... f James F. King, President Southold Board of Trustees Town Hall 9 u FEB 2 8 2007 P.O. -Box 1179 Southold, New York 11971 P g . . " Re: Joseph Lo iudace�v. Southold Town Board of Trustees Index No. 06-01997 Dear.,Mr President: --The Court has denied the petitioner's request for re-argument. A copy of the short decision is enclosed. As you know, the petitioner has filed an appeal from the Court's judgment sustaining the denial of the dock permit. We will keep you advised. Ve truly our,, lrank A. Isler FAI/cd :..��.. Enclosure cc:sKieraRjCoreoran, Esq. —w/encl. OCT 1 8 2021 Index No: 1997-06` SUPREME COURT-STATE OF NEW YORK I.A.S. Part 39-SUFFOLK COUNTY Flon. DENISE F. MOL1A, 1 Justice t FEB 2 8 2007 JOSF.PI I LOGIODICE. CASE Dtst�Os t :Y: I lu`. LL MOTioN RJD:j 1/22/07 '`• `' _ a. Petitioner, SUE1+ lsstoN DATE-A/26/07 MOTION SEQUENCE NO.:003 MD -against- SOUTI-101.13 TOWN BOARD OF TRUSTEES and Armu m EFT ONEtt SOUTI-10LD TOWN BOARD, William D.Moore,Esq. 51020 Main Road Respondents. Southold,NY 11971 ArrOENEn FOR,EE'SPONT3M2 Smith Finkelstein Lundberg Isler 456 Griffing Avenue, PO Box 389 Riverhead,NY 11901 Upon the following papers filed and considered relative to this matter: i lotice of Motion dated December 20,2006;Affirmation in Support dated December 20, 2006; Exhibits A through M annexed thereto;Affirmation in Opposition dated January 16,2007; and upon due deliberation; it is ORDERED, that the motion by plaintiffs,pursuant to CPLR 2221(d), for an Order granting -eargument of this Court's prior Order dated November 14,2006, is denied. The Court neither overlooked or misapprehended relevant facts or misapplied any controlliag principle of law. Pro Brokera e Inc v._H e Ins. Co.,99 A.D.2d 971,472 N.Y.S.2d 661. Tlie foregoing constitutes the Order of this Court. Dated: Jumiury 29, 2007 OENISE F. HON.DENISE F. MOLIA J.S.C. 1 a g 1, �' I Index No.: 1997-06 SUPREME COURT-STATE OF NEW YORK I t111 I.A.S. Part 39 -SUFFOLK COUNTY OCT 1 8 2021 � PRESENT: Hon. DENISE F. MOLIA, e Justice JOSEPH LOGIUDICE, CASE DISPOSED:YES MOTION R/D: 3/3/06 Petitioner, SUBMISSION DATE: 9/22/06 MOTION SEQUENCE NO.: 001 MD - against- ATTORNEY FOR PETITIONER SOUTHOLD TOWN BOARD OF TRUSTEES and William D. Moore,Esq. SOUTHOLD TOWN BOARD, 51020 Main Road Southold,NY 11971 Respondents. ATTORNEYS FOR RESPONDENTS Smith Finkelstein Lundberg Isler and Yakaboski, LLP 456 Griffing Avenue PO Box 389 Riverhead,NY 11901 Upon the following papers filed and considered relative to this matter: Notice of Petition dated January 19, 2006;Petition dated January 17, 2006; Exhibits A through K annexed thereto; Verified Answer dated April 27, 2006; Affirmation in Opposition dated March 17, 2006; Exhibit A annexed thereto; Affidavit in Opposition dated August 3, 2006; Affirmation dated June 6, 2006;Affirmation dated September 12, 2006; Exhibit A annexed thereto; Return of the Southold Town Board of Trustees; Supplemental Return of the Southold Town Board of Trustees; Petitioner's Memorandum of Law; Respondent's Memorandum of Law; Petitioner's Reply Memorandum of Law; and upon due deliberation; it is ORDERED, that the motion by petitioner, pursuant to CPLR Article 78, for a Judgment reviewing and reversing a certain determination of the respondent, Southold Board of Trustees, filed September 21, 2005, is denied and the petition is dismissed. Petitioner is the owner of real property located at 10995 North Bayview Road, Southold, New York and designated by Suffolk County Tax Map Number 1000-79-5-20.13. The property 1 is located on Southold Bay and is improved with a single family residence. In May 2004, the petitioner submitted to the respondent, Southold Town Board of Trustees("Trustees'), an application for approval of the construction of a 4 foot by 108 foot fixed timber catwalk with a boat lift. The catwalk was proposed to be elevated a minimum of 4 feet above the average high water mark. The application was submitted together with a completed Short Environmental Assessment Form ("EAF"). On or about July 1, 2004 the petitioner submitted a revised plan and project description to eliminate the proposed boat lift to be substituted with four(4) "tie off' piles. In July 2004, the Trustees requested additional information from the petitioner describing the bay bottom where the proposed catwalk/dock would be constructed. On August 8,2004 the petitioner, by his environmental consultant,provided underwater photographs and advised the Trustees that"sub-tidal"investigations had been performed, that there were no eel grass beds, and that the bay bottom in this location consisted primarily of eoar-se sdhd and_ tones. - - A public hearing on the petitioner's application was held by the Trustees on September 22, 2004, at which time the petitioner's environmental consultant provided expert testimony describing the proposed dock and its impacts on the marine ecology. After the close of the public hearing on September 22, 2004, the Trustees wrote a letter to petitioner dated October 5, 2004, in which additional information and a Long Environmental Assessment Form was requested from him. Petitioner submitted the Long EAF on October 18, 2004.By letter dated November 4, 2004, the Trustees requested additional information with respect to water depths in the area of the proposed dock, a "view shed analysis", and amendments to the Long EAF to correct what were termed as "inaccuracies."The information requested was provided by the petitioner on January 12, 2005. By decision dated September 21, 2005 the Trustees denied the application of the petitioner. In commencing the instant proceeding, the petitioner alleges that the decision of the Trustees is arbitrary and capricious, and not based upon substantial evidence. The petitioner also contends that the delay in rendering a determination on his application was an intentional act designed to enable the Town of Southold to enact a Local Waterfront Revitalization Program adverse to his application. In reaching their detennination, the Trustees made the following findings: 1. The area of shoreline where the dock is proposed currently is not developed with docks, and in following the stated intent of the Town Code, the Trustees are committed to preserving such sections of shoreline which still exist in their natural state, and to enhancing visual quality and protecting scenic resources of the Town; 2. The proposed dock will cause fragmentation of habitat and structural intrusion and change to the continuity and configuration of the natural shoreline; 3. The proposed dock will run contrary to the Trustees' efforts to maintain the natural resources and the ecological integrity of the contiguous ecological community and 2 ' 01 , „ W maintain corridors to allow for the exchange of biological resources; 4. The granting of the application would run counter to the goal of the Comprehensive Conservation and Management Plan for the Peconic Estuary in preventing a net increase of hardened shoreline in the Peconic Estuary; 5. The installation of a dock in this area would adversely affect the shoreline; 6. The dock, as proposed, is in very_sallo�,+__water,rand will eatt,s.e,inkerference.auith ............. navigation, with the fish weir, and with boats traveling along the shore; 7. The proposed dock would face towards the Northeast, in such direction that area experiences very high winds and ice in the winter months, any such structure would not be safe from the wind, weather, and ice conditions. Damage to a structure at that location would subject the shoreline downwind to significant harm in the event it breaks off, 8. The development of a dock in this area will interfere with public access to publicly owned lands and waters and in an area that is undeveloped, highly valued open space, and a natural resource with visual and scenic views; 9. The proposed dock is inconsistent with the Town of Southold Local Waterfront Revitalization Plan, and contradictory to the findings of both the Peconic Estuary Program's Comprehensive Conservation and Management Plan and Nature Conservancy's Peconic Bays Natural Shoreline Committee. The Trustees also found that the applicant currently enjoys reasonable, safe, convenient access to the waters of the Town as demonstrated by the stairs to the beach, boats on the beach including a sailboat and a rowboat,chairs, a table, and a firebox. In reviewing the decisions of local land use boards, the Courts role is a limited one. "As with board determinations on variances, a reviewing court is bound to examine only whether substantial evidence supports the determination of the board. Where substantial evidence exists, a court may not substitute its own judgment for that of the board, even if such a contrary determination is itself supported by the record." Retail Pralnn__ rty_l"rust v Bd of ZoniragAppeals of'rown of l empswad, 98 N.Y.2d 190, 196. (See also, Llatter of P,M.S, Ltd. v. onia�g 13a�ar�l, 98 N.Y.2d 683; Matter ofIfrall v. Utsc�, 98 N.Y.2d 304). With regard to the petitioner's contention that the respondents willfully delayed in rendering a determination on his application until an amendment to the Town Code had taken effect, aside from the suspicions of the petitioner, no evidence has been adduced to demonstrate that the Trustees acted in bad faith, maliciously, or an any way purposely delayed acting on the 3 .. .. ... f.. ..... application. The decision of the Trustees sets forth at least six independent reasons, unrelated to the amended Town Code sections, for denial of the petitioners application. Aside from whether or not the Trustees considered the provisions of Chapter 95 of the Southold Town Code in their deliberations, the Court finds that the decision of the Trustees is supported by substantial evidence as set forth in the facts and testimony of the Record. The Court does not find the determination of the Trustees to be arbitrary or capricious. The foregoing constitutes the Order of this Court. Dated: November 14, 2006 DENISE F. MOLIA HON.DENISE F. MOLIA J.S.C. t...�, 4 w t - Albert J.Krupski,President q so - Town Hall James King,Vice-President � � 53095 Route 25 Artie Foster P.O.Box 1179 Ken Poliwoda South la,New York 11971-0959 cm Peggy A.Dickerson G Telephone(631)765-1892 ++ COU01 Fax(631)765-6641 BOARD OF TOWN TRUSTEES September 21, 2005 TOWN OF SOUTHOLD Mr. Charles Bowman Land Use Ecological Services, Inc. I ' P.O. Box 1060 Riverhead, NY 11901 Re: JOSEPH LOGIUDICE. 10995 NORTH BAYVIEW RD, SOUTHOLD SCTM#79-5-20.13 Dear Mr. Bowman: The Board of Trustees took the following action during its regular meeting held on Wednesday September 21, 2005 regarding the above matter: WHEREAS, Land Use Ecological Service, Inc. on behalf of JOSEPH LOGIUDICE applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated May 14, 2004, and WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and, WHEREAS, the Southold Town Conservation Advisory Council resolved to recommend disapproval, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application-on September 22, 2004, 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, 2 WHEREAS, the dock as proposed is located in an area prohibited by Chapter 97 of the Town Code, specifically: WETLANDS AND SHORELINE, 97-27, C. In Water. (2) Docks b Dock Locations and Lengths . 1 1.No dock shall be erected if in the opinion of the Trustees such structure would adversely affect navigation, fisheries, scenic quality, or habitat areas. c Regulations for the placement and Configuration of Docking Facilities �( , 1.Residential Docks: ©In determining the permitted length of a proposed residential dock the Trustees shall seek j to maintain lengths consistent with the other docks in the water way (d)Review and Approval of Dock.Applications 1. Before issuing a permit for a dock structure, the Trustees shall consider whether the dock will have any of the following harmful effects: (d)Whether the dock will significantly impair the use or value of waterfront property adjacent to or near the dock (e)Whether the dock will cause degradation of surface water quality and natural resources (f)Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats (g)Whether the dock will result in the destruction of or prevent the growth of vegetated .wetlands, sea grasses including eelgrass and widgeon grass or shellfish 0)Whether the dock will be safe when constructed (k)Whether the dock will adversely affect views, view sheds and vistas important to the community and, WHEREAS, it is found that the area of shoreline where the dock is proposed currently is not developed with docks, and in following the stated intent of the Town Code, the Trustees are committed to preserving such sections of shoreline which still exist in their natural state, and to enhancing visual quality and protecting scenic resources of the Town, and, WHEREAS, the proposed dock will cause fragmentation of habitat and structural intrusion and change to the continuity and configuration of the natural shoreline, and, p contrary to the Trust effortsin the Trustees' to maintain WHEREAS, thero proposed dock will run contr. --.----- - - ., _. _ .. natural resources and the ecological integrity of the contiguous ecological community and maintain corridors to allow for the exchange of biological resources, and, WHEREAS, the Trustees support the findings of the Comprehensive Conservation and Management Plan for the Peconic Estuary, which was recently approved by New York State and the U.S. Environmental Protection Agency, and which Plan's goals include a 3 u µ. policy of"no net increase" of hardened shoreline in the Peconic Estuary, and thus the permission of the instant application would run counter to that policy and the factors enumerated above and in Chapter 97, and, WHEREAS, aerial photographs of the surrounding area show the shoreline to be stable in areas in which there are no such structures and show significant erosion in areas in which there are docks,jetties, and wave breaks, leading the Trustees to the conclusion that the installation of a dock in this area would adversely affect the shoreline, and, WHEREAS, this area consists of a significant and unaltered shoreline, a nearshore shallow water habitat, a historical fisheries area with a fishing weir, a horseshoe crab nesting area, and contains healthy underwater vegetation, and, WHEREAS, the dock, as proposed, is in very shallow water, and will cause interference with navigation, with the fish weir, and with boats traveling along the shore, and, WHEREAS, the proposed dock would face towards the Northeast, in such direction that area experiences very high winds and ice in the winter months, any such structure would not be safe from the wind, weather, and ice conditions. Damage to a structure at that location would subject the shoreline downwind to significant harm in the event it breaks off, and, WHEREAS, the proposed dock is INCONSISTENT with the following Local Waterfront Revitalization Program Policy Standards: 1, 3, 3.1 (A) (D) (J) (K. 3), 4.1 (A), 5.3 (C), 6.1 (A.2, A. 3 and B.3), 8.3 (A, B and E), 9.1(C-2, C-3 and E), 9.2 (A.1 and 3), 9.3 (A, and E), 9.4 (A, B, E.1, E.2, E.3 and E.4), 9.5, 10.3, 10.4 (A, B and C), 11.1 and 11.2, which are attached hereto, and is therefore INCONSISTENT with the Town of Southold Local Waterfront Revitalization Plan, and, WHEREAS, the development of a dock in this area will interfere with public access to publicly owned lands and waters and in an area that is undeveloped, highly valued open space, a natural resource with visual and scenic views, and the LWRP includes policies that demand the protection of such characteristics and resources, and, WHEREAS, the application for the proposed dock is contradictory to the findings of the Pecontc Estuaa P`ro ram's Comprehensive rehensive Conservation and Mana emrerrt Plan, and Nature Conservancy's econtc Bays Natural Shoreline Committee and, WHEREAS, the applicant currently enjoys reasonable, safe, convenient access to the waters of the Town as demonstrated by the stairs to the beach, boats on the beach including a sailboat and'-6 rowboat, chain, a table, and a firebox;-and, WHEREAS, "reasonable access" is defined as the ability for riparian property owners to access the navigable waters of the Town, and, 7 ". 1 8 2021 4 WHEREAS, the land ownership of the applicant is to the high tide mark and the Town may reasonably refuse to grant the proposed access over its property and rationally exercise its jurisdiction to deny the construction of-a dock, and, NOW THEREFORE BE IT RESOLVED that the Board of Trustees, upon consideration of the application, personal inspection, review of the completed Consistency Assessment Form, the recommendation of the LWRP coordinator, the policies of the LWRP and the above enumerated factors, find the proposed action to be INCONSISTENT with the Town of Southold Local Waterfront Revitalization Program, and BE IT FURTHER RESOLVED, that the Board of Trustees DENIES the application of JOSEPH LOGIUDICE to construct a 4' x 108' fixed timber catwalk with (4)tie-off piles, the catwalk proposed to be elevated a minimum of 4' above the AHWM, and to utilize (4) 4" x 4" piles with a depth of penetration 6'+, and (26) 6" diameter timber piles with a depth of penetration of 10'+. (4) 10" diameter CCA timber tie-off piles are proposed, and, BE IT FURTHER RESOLVED that this determination should not be considered a determination made for any other Department or Agency, which may also have an application pending for the same or similar project. Very truly yours, �7 ��;, 7 Albert J. Krupski, Jr. President, Board of Trustees AJK: hkc Cc: Patricia C. Moore i� 021 P I ; Glenn Go) ith, President Town Hall Annex A.Nicholas Krupski,Vice President 54375 Route 25 John M. Bredemeyer II[ P.O. Box 1179 Michael J. Domino k Southold,NY 11971 Greb Williams c ^y,r Telephone(631)765-1892 Fax(631)765-6641 BOARDOF TOWN TRUSTEES TOWN OF SOUTHOLD DatefTirle: Completed in field by: Costello Marine Contracting Corp. on behalf of JOSEPH & MARY ELLEN LOGIUDICE request a Wetland Permit to construct a 4'x40' landward ramp onto a 4'x110' fixed dock with a 4'x40' "L" section at seaward end; construct a 4'x40' lower platform with a 5'x4' access platform and a 4'x16' ramp; install three (3) two-pile dolphins; and proved water and electrical service to dock. Located: 10995 North Bayview Road, Southold. SCTM# 1000-79-5-20.14 CH. 275-3 - SETBACKS WETLAND BOUNDARY: Actual Footage or OK=� Setback Waiver Required 1. Residence: 100 feet 2. Driveway: 50 feet 3. Sanitary Leaching Pool (cesspool): 100 feet 4. Septic Tank: 75 feet 5. Swimming Pool and related structures: 50 feet 6. Landscaping or gardening: 50 feet 7. Placement of C&D material: 100 feet P OF BLUFF: 1. Residence: 100 feet 2. Driveway: 100 feet 3. Sanitary leaching pool (cesspool) 100 feet: 4. Swimming pool and related structures: 100 feet Public Notice of Hearing Card Posted: Y / N Ch. 275 Ch. 111 SEQRA Type: I II Unlisted Action Type of Application: —Pre-Submission Administrative Amendment Wetland Coastal Erosion Emergency Violation Non-Jurisdiction Survey :5 5 years: Y/N Wetland Line by: C.E.H.A. Line Additional information/suggested modifications/conditions/need for outside review/consultant/application completeness/comments/standards: 5 / C Ad AT I have read & acknowledged the foregoing Trustees comments: Agent/Owner: Present were: J. Bredemeyer . Domino G. Goldsmith N. Krup ski _�G. Williams Other Glenn C mith, President � ��� Town Hall Annex A.Nicholas Krupski, Vice President gig; 54375 Route 25 John M. Bredemeyer III P.O. Box 1179 Michael J. Domino "� Southold,NY 11971 Greg Williams Telephone(631)765-1892 Fax(631)765-6641 BOARDOF TOWN TRUSTEES TOWN OF SOUTHOLD Date/Time: Completed in field by: Costello Marine Contracting Corp. on behalf of JOSEPH & MARY ELLEN LOGIUDICE request a Wetland Permit to construct a 4'x40' landward ramp onto a 4'x110' fixed dock with a 4'x40' "L" section at seaward end; construct a 4'x40' lower platform with a 5'x4' access platform and a 4'x16' ramp; install three (3) two-pile dolphins; and proved water and electrical service to dock. Located: 10995 North Bayview Road, Southold. SCTM# 1000-79-5-20.14 CH.275-3 - SETBACKS WETLAND BOUNDARY: Actual Footage or OK=� Setback Waiver Required 1. Residence: 100 feet 2. Driveway: 50 feet 3. Sanitary Leaching Pool (cesspool): 100 feet 4. Septic Tank: 75 feet 5. Swimming Pool and related structures: 50 feet 6. Landscaping or gardening: 50 feet 7. Placement of C&D material: 100 feet TOP OF BLUFF: 1. Residence: 100 feet 2. Driveway: 100 feet 3. Sanitary leaching pool (cesspool) 100 feet: 4. Swimming pool and related structures: 100 feet Public Notice of Hearing Card Posted: Y / N Ch. 275 k-" Ch. 111 SEQRA Type: 1 II Unlisted Action Type of Application: -Pre-Submission Administrative Amendment Wetland Coastal Erosion Emergency Violation Non-Jurisdiction Survey :5 5 years: Y/N Wetland Line by: C.E.H.A. Line Additional information/suggested modifications/conditions/need for outside review/consultant/application completeness/comments/standards: �1 Nb-t- Spa have read & acknowledged the foregoing Trustees comments: Agent/Owner: Present were: J. Bredemeyer M. Domino G. Goldsmith N. Krupski G. Williams Other .ease h&Mary Ellen Logwdice r r �. �t �tba / r / / �....r�r ✓ / i 5 21 i i r f / / r ..............eN • � II " Glenn G,T nith,•Presidentps ;t� Town Hall Annex A.Nicholas Krupski,Vice President � Gyy_ 54375 Route 25 John M. Bredemeyer III y P.O.Box 1179 ze Michael J. Domino Southold,NY 11971 Greg Williams �,�0 �p� Telephone(631)765-1892 Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Date/Time: ���I�� Completed in field by: 8 Costello Marine Contracting Corp. on behalf of JOSEPH & MARY ELLEN LOGIUDICE request a Wetland Permit to construct a 4'x40' landward ramp onto a 4'x110' fixed dock with a 4'x40' "L" section at seaward end; construct a 4'x40' lower platform with a 5'x4' access platform and a 4'x16' ramp; install three (3) two-pile dolphins; and proved water and electrical service to dock. Located: 10995 North Bayview Road, Southold. SCTM# 1000-79-5-20.14 CH. 275-3 - SETBACKS WETLAND BOUNDARY: Actual Footage or OK=� Setback Waiver Required 1. Residence: 100 feet 2. Driveway: 50 feet" 3. Sanitary Leaching Pool (cesspool): 100 feet 4. Septic Tank: 75 feet 5. Swimming Pool and related structures: 50 feet 6. Landscaping or gardening: 50 feet 7. Placement of C&D material: 100 feet TOP OF BLUFF: 1. Residence: 100 feet 2. Driveway: 100 feet 3. Sanitary leaching pool (cesspool) 100 feet: 4. Swimming pool and related structures: 100 feet Public Notice of Hearing Card Posted: Y / N Ch. 275 Ch. 111 SEQRA Type: 1 II Unlisted Action Type of Application: Pre-Submission Administrative Amendment Wetland Coastal Erosion Emergency, Violation Non-Jurisdiction Survey :5 5 years: Y/N Wetland Line by: C.E.H.A. Line Additional information/suggested modifications/conditions/need for outside review/consultant/application completeness/comments/standards: I have read & acknowledged the foregoing Trustees comments: Agent/Owner: Present were: /Ili. Bredemeyer M. Domino f— G. Goldsmith N. Krupski G. Williams Other all BIN10111111 K_ ® �Z•Z•1:tCi:3�1�:•QI�I:f�1. l��l�[. l w:r�[•���I�II�N•�:�•�7:�f: : II:\"WED]�L•]:�.�7•Z•]:�:i�►�I�1111Ti�f►i1K August 3,2021 Southold Town Trustees 1 Q V E PO Box 1179 '-� � Southold,NY 11971 1 s L AUG 4 2021 RE: Joseph and Mary Ellen LoGiudice 10995 N. Bayview Road, Southold Southold Town Board of Trustees SCTM#1000-118-2-4.2 Dear Trustees: As per your request,enclosed you will find four copies of the Full Environmental Assessment Form for your review regarding the above-referenced property. We are proposing to construct a 4'X40' ramp up onto a 4'X110' fixed dock with a 4'X40' "L" section at end. Construct a 4'X40' lower platform with a 5'X4' access platform and a 4'X16' ramp. Install three 2-pile dolphins and provide for water and electrical service. If additional information is needed,please do not hesitate to contact me. Sincerely, _ Caroline Burg hardt Permit Assistant enclosures �• : • • • • off �ii' • i• n • �C•T• �L�rzarK•71! Full Environmental Assessment I Part 1-Project and Setting Instructions for Completing Part 1 Part 1 is to be completed by the applicant or project sponsor. Responses become part of the application for approval or funding, are subject to public review,and may be subject to further verification. Complete Part 1 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;indicate whether missing information does not exist, or is not reasonably available to the sponsor;and,when possible,generally describe work or studies which would be necessary to update or fully develop that information. Applicants/sponsors must complete all items in Sections A&B. In Sections C,D&E,most items contain an initial question that must be answered either"Yes"or"No". If the answer to the initial question is"Yes",complete the sub-questions that follow. If the answer to the initial question is"No",proceed to the next question. Section F allows the project sponsor to identify and attach any additional information. Section G requires the name and signature of the applicant or project sponsor to verify that the information contained in Part Iis accurate and Complete. A.Project and Applicant/Sponsor Information. Name of Action or Project: JOSEPH&MARY ELLEN LOGIUDICE DOCK CONSTRUCTION Project Location(describe,and attach a general location map): 10995 N.BAYVIEW ROAD,SOUTHOLD,NY 11971 SCTM#1000-79-5-20.14 LAT/LONG:41.02'33.86"N/-72.23'44.06"W Brief Description of Proposed Action(include purpose or need): CONSTRUCT A 4'X40'RAMP UP ONTO A 4'X110'FIXED DOCK WITH A 4'X40'"L"SECTION AT END. CONSTRUCT A 4'X40'LOWER PLATFORM WITH A 5'X4'ACCESS PLATFORM AND A 4'X16'RAMP. INSTALL THREE 2-PILE DOLPHINS.PROVIDE FOR WATER AND ELECTRICAL SERVICE. DrE AUG 4 2021 Southold Town Board of Trustees Name of Applicant/Sponsor: Telephone:(631)208-2917 JOSEPH&MARY ELLEN LOGIUDICE E-Mail:sales@hustlerpowerboats.com Address:10995 N.BAYVIEW ROAD City/PO:SOUTHOLD State:NY Zip Code:11971 Project Contact(if not same as sponsor;give name and title/role): Telephone:(631)477-1199 COSTELLO MARINE CONTRACTING CORP. E-1VIai1: JANE@COSTELLOMARIN E.COM Address: PO BOX 2124 City/PO: State: Zip Code: GREENPORT NY 111944 Property Owner (if not same as sponsor): Telephone: N/A N/A E-Mail: N/A Address: N/A City/PO: N/A _T State: N/A Zip Code:N/A Page 1 of 13 f 1 B.Government Approvals B.Government Approvals,Funding,or Sponsorship. ("Funding"includes grants,loans,tax relief,and any other forms of financial assistance.) Government Entity If Yes:Identify Agency and Approval(s) Application Date Required (Actual or projected) a.City Counsel,Town Board, ®Yes❑No SOUTHOLD TOWN TRUSTEES JUNE 4 2021 or Village Board of Trustees b.City,Town or Village ❑Yes®No Planning Board or Commission c.City,Town or ❑Yes®No Village Zoning Board of Appeals d.Other local agencies ❑Yes®No e.County agencies []Yes®No f.Regional agencies OYes❑No g. State agencies ®Yes❑No NYSDEC JUNE 4 2021 NYSDOS 1 JUNE 4 2021 h.Federal agencies OYes❑No ARMY CORPS OF ENGINEERS JUNE 4 2021 i. Coastal Resources. i. Is the project site within a Coastal Area,or the waterfront area of a Designated Inland Waterway? ®Yes❑No U. Is the project site located in a community with an approved Local Waterfront Revitalization Program? ®Yes1JNo iii. Is the project site within a Coastal Erosion Hazard Area? ®Yes❑No C.Planning and Zoning C.1.Planning and zoning actions. Will administrative or legislative adoption,or amendment of a plan,local law,ordinance,rule or regulation be the ®Yes❑No only approval(s)which must be granted to enable the proposed action to proceed? • If Yes,complete sections C,F and G. • If No,proceed to question C.2 and complete all remaining sections and questions in Part 1 C.2.Adopted land use plans. a.Do any municipally-adopted (city,town,village or county)comprehensive land use plan(s)include the site ❑Yes®No where the proposed action would be located? If Yes,does the comprehensive plan include specific recommendations for the site where the proposed action ❑Yes®No would be located? b.Is the site of the proposed action within any local or regional special planning district(for example:Greenway; ®Yes❑No Brownfield Opportunity Area(BOA);designated State or Federal heritage area;watershed management plan; or other?) If Yes,identify the plan(s): NYS Heritage Areas:Ll North Shofe Heritage Area c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, ❑Yes®No or an adopted municipal farmland protection plan? If Yes,identify the plan(s): NIA Page 2 of 13 C.3. 'Zoning a. Is the site of the proposed action located in a municipality with an adopted zoning law or ordinance. ®Yes❑No If Yes,what is the zoning classification(s)including any applicable overlay district? Residential R-40 b. Is the use permitted or allowed by a special or conditional use permit? ❑Yes®No c.Is a zoning change requested as part of the proposed action? ❑Yes®No If Yes, i. What is the proposed new zoning for the site? N/A CA.Existing community services. a.In what school district is the project site located? Southold Town b.What police or other public protection forces serve the project site? Southold Town c.Which fire protection and emergency medical services serve the project site? Southold Town d.What parks serve the project site? N/A D.Project Details D.1.Proposed and Potential Development a.What is the general nature of the proposed action(e.g.,residential,industrial,commercial,recreational;if mixed,include all components)? Recreational.To allow the homeowner to continuously engage in water-dependent activities such as fishing, boating, swimming, kayaking and provide access to navigable waters to further encourage these activities. b.a.Total acreage of the site of the proposed action? 8.03 acres b.Total acreage to be physically disturbed? 0.0001 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 8.03 acres c.Is the proposed action an expansion of an existing project or use? ❑Yes®No f.If Yes,what is the approximate percentage of the proposed expansion and identify the units(e.g.,acres,miles,housing units, square feet)? % N/A Units: N/A d.Is the proposed action a subdivision,or does it include a subdivision? ❑Yes ONo If Yes, i. Purpose or type of subdivision?(e.g.,residential,industrial,commercial;if mixed,specify types) N/A ii. Is a cluster/conservation layout proposed? ❑Yes ONo iii.Number of lots proposed? NIA iv. Minimum and maximum proposed lot sizes? Minimum NIA Maximum N/A e.Will the proposed action be constructed in multiple phases? ❑Yes®No i. If No,anticipated period of construction: .45 months H. If Yes: • Total number of phases anticipated 1 • Anticipated commencement date of phase I (including demolition) NIA month N/A year • Anticipated completion date of final phase N/A month N/Ayear • Generally describe connections or relationships among phases,including any contingencies where progress of one phase may determine timing or duration of future phases: NIA Page 3 of 13 f.Does the project include new res ial uses? ❑Yes®No If Yes,show numbers of units prod'____. One Family Two Eqatly Three Family Multiple Family four or more Initial Phase 1 N/A N/A N/A At completion of all phases 1 N/A N/A N/A g.Does the proposed action include new non-residential construction(including expansions)? ®Yes❑No If Yes, i.Total number of structures 1 H. Dimensions(in feet)of largest proposed structure: 5 FT height; 4 FT width; and 110 FT length iii. Approximate extent of building space to be heated or cooled: N/A square feet h.Does the proposed action include construction or other activities that will result in the impoundment of any ❑Yes®No liquids,such as creation of a wager supply,reservoir,pond,lake,waste lagoon or other storage? If Yes, i. Purpose of the impoundment: NIA ii. If a water impoundment,the principal source of the water: ❑ Ground water❑Surface water streams ❑Other specify: NIA iii. If other than water,identify the type of impounded/contained liquids and their source. NIA iv. Approximate size of the proposed impoundment. Volume: N/A million gallons;surface area: N/A acres v. Dimensions of the proposed dam or impounding structure: N/A height; N/A length vi. Construction method/materials for the proposed dam or impounding structure(e g.,earth fill,rock,wood,concrete): NIA D.2. Project Operations a.Does the proposed action include any excavation,mining,or dredging,during construction,operations,or both? Yes No (Not including general site preparation,grading or installation of utilities or foundations where all excavated materials will remain onsite) If Yes: i.What is the purpose of the excavation or dredging?N/A U. How much material(including rock,earth,sediments,etc.)is proposed to be removed from the site? • Volume(specify tons or cubic yards): N/A • Over what duration of time? N/A iii. Describe nature and characteristics of materials to be excavated or dredged,and plans to use,manage or dispose of them. N/A iv. Will there be onsite dewatering or processing of excavated materials? Yes No If yes,describe. N/A v. What is the total area to be dredged or excavated? N/A acres A What is the maximum area to be worked at any one time? N/A acres vii. What would be the maximum depth of excavation or dredging? N/A feet viii. Will the excavation require blasting? ❑Yes®No ix. Summarize site reclamation goals and plan: N/A b.Would the proposed action cause or result in alteration of,increase or decrease in size of,or encroachment Yes❑No into any existing wetland,waterbody,shoreline,beach or adjacent area? If Yes: i. Identify the wetland or waterbody which would be affected(by name,water index number,wetland map number or geographic description): The proposed dock will be located within Southold Bay. Page 4 of 13 H. Describe how the proposed ac vuld affect that waterbody or wetland,e.g.ex ion,fill,placement of structures,or alteration of channels,banks at._ __jrelines. Indicate extent of activities,alteratioi_—d additions in square feet or acres: The proposed dock structure is designed to be consistent with the surrounding area.The structure will not degrade the area. There will be no significant disturbance to the natural appearance of the area.There will not be a light source on the dock that would interrupt the visual quality of the area.The proposed structure will not contribute to a loss of vegetative wetlands since there is limited vegetation at this location. The dock was designedr is significantwater depM at all tidalranges rev y unneoessary disturbancege c conununity. Hi.Will the proposed action cause or result in disturbance to bottom sediments? ®Yes❑No If Yes,describe:Temporary siltation is expected during the installation of the dock piling. iv. Will the proposed action cause or result in the destruction or removal of aquatic vegetation? ❑Yes®No If Yes: • acres of aquatic vegetation proposed to be removed: N/A • expected acreage of aquatic vegetation remaining after project completion:N/A • purpose of proposed removal(e.g.beach clearing,invasive species control,boat access): NIA • proposed method of plant removal:N/A • if chemical/herbicide treatment will be used,specify product(s): NIA v. Describe any proposed reclamation/mitigation following disturbance: All precautions will be taken to protect any tidal wetlands during the construction period. c.Will the proposed action use,or create a new demand for water? ❑Yes Olo If Yes: i. Total anticipated water usage/demand per day: N/A gallons/day H. Will the proposed action obtain water from an existing public water supply? ❑Yes Olo If Yes: • Name of district or service area: N/A • Does the existing public water supply have capacity to serve the proposal? ❑Yes®No • Is the project site in the existing district? ❑Yes®No • Is expansion of the district needed? ❑Yes®No • Do existing lines serve the project site? ❑Yes®No M. Will line extension within an existing district be necessary to supply the project? ❑Yes Oto If Yes: • Describe extensions or capacity expansions proposed to serve this project: N/A • Source(s)of supply for the district: N/A iv. Is a new water supply district or service area proposed to be formed to serve the project site? ❑Yes®No If,Yes: • Applicant/sponsor for new district: N/A • Date application submitted or anticipated: N/A • Proposed source(s)of supply for new district: N/A v. If a public water supply will not be used,describe plans to provide water supply for the project: N/A vi.If water supply will be from wells(public or private),what is the maximum pumping capacity: N/A gallons/minute. d.Will the proposed action generate liquid wastes? ❑YesZgo If Yes: i. Total anticipated liquid waste generation per day: N/A gallons/day H. Nature of liquid wastes to be generated(e.g.,sanitary wastewater,industrial;if combination,describe all components and approximate volumes or proportions of each): N/A W. Will the proposed action use any existing public wastewater treatment facilities? ❑Yes®No If Yes: • Name of wastewater treatment plant to be used: N/A • Name of district: N/A • Does the existing wastewater treatment plant have capacity to serve the project? ❑YesOlo • Is the project site in the existing district? ❑Yes®No • Is expansion of the district needed? ❑Yes oNo Page 5 of 13 m; Do existing sewer lines se ie project site? ❑Yes®No d Will a line extension withu,an existing district be necessary to serve the project r ❑Yes®No If Yes: • Describe extensions or capacity expansions proposed to serve this project: N/A iv. Will a new wastewater(sewage)treatment district be formed to serve the project site? ❑Yes®No If Yes: • Applicant/sponsor for new district:N/A • Date application submitted or anticipated:N/A • What is the receiving water for the wastewater discharge?NIA V. If public facilities will not be used,describe plans to provide wastewater treatment for the project,including specifying proposed receiving water(name and classification if surface discharge or describe subsurface disposal plans): N/A vi. Describe any plans or designs to capture,recycle or reuse liquid waste: N/A e.Will the proposed action disturb more than one acre and create stormwater runoff,either from new point ❑Yes®No sources(i.e. ditches,pipes,swales,curbs,gutters or other concentrated flows of stormwater)or non-point source(i.e.sheet flow)during construction or post construction? If Yes: L How much impervious surface will the project create in relation to total size of project parcel? NIA Square feet or NIA acres(impervious surface) N/A Square feet or NIA acres(parcel size) ii. Describe types of new point sources. N/A iii. Where will the stormwater runoff be directed(i.e.on-site stormwater management facility/structures,adjacent properties, groundwater,on-site surface water or off-site surface waters)? N/A • If to surface waters,identify receiving water bodies or wetlands: N/A • Will stormwater runoff flow to adjacent properties? ❑Yes®No iv.Does the proposed plan minimize impervious surfaces,use pervious materials or collect and re-use stormwater? ❑Yes®No f. Does the proposed action include,or will it use on-site,one or more sources of air emissions,including fuel ❑Yes®No combustion,waste incineration,or other processes or operations? If Yes,identify: i.Mobile sources during project operations(e.g.,heavy equipment,fleet or delivery vehicles) N/A U. Stationary sources during construction(e.g.,power generation,structural heating,batch plant,crushers) Power generator X. Stationary sources during operations(e.g.,process emissions,large boilers,electric generation) N/A g.Will any air emission sources named in D.2.f(above),require a NY State Air Registration,Air Facility Permit, [3Yes®No or Federal Clean Air Act Title IV or Title V Permit? If Yes: i. Is the project site located in an Air quality non-attainment area? (Area routinely or periodically fails to meet ❑Yes®No ambient air quality standards for all or some parts of the year) U. In addition to emissions as calculated in the application,the project will generate: • NIA Tons/year(short tons)of Carbon Dioxide(COZ) N/A Tons/year(short tons)of Nitrous Oxide(NZO) N/A Tons/year(short tons)of Perfluorocarbons(PFCs) • N/A Tons/year(short tons)of Sulfur Hexafluoride(SF6) NIA Tons/year(short tons)of Carbon Dioxide equivalent of Hydroflourocarbons(HFCs) N/A Tons/year(short tons)of Hazardous Air Pollutants(HAPs) Page 6 of 13 h.Will the proposed action genera emit methane(including,but not limited to,se, treatment plants, ❑Yes®No landfills,composting facilities)i If Yes: i. Estimate methane generation in tons/year(metric):N/A ii.Describe any methane capture,control or elimination measures included in project design(e.g.,combustion to generate heat or electricity,flaring):N/A i.Will the proposed action result in the release of air pollutants from open-air operations or processes,such as ❑Yes®No quarry or landfill operations? If Yes:Describe operations and nature of emissions(e.g.,diesel exhaust,rock particulates/dust): N/A j.Will the proposed action result in a substantial increase in traffic above present levels or generate substantial ❑Yes®No new demand for transportation facilities or services? If Yes: i. When is the peak traffic expected(Check all that apply): ❑Morning ❑Evening ❑Weekend ❑Randomly between hours of N/A to N/A ii. For commercial activities only,projected number of truck trips/day and type(e.g.,semi trailers and dump trucks): N/A iii. Parking spaces: Existing N/A Proposed NIA Net increase/decrease N/A iv.Does the proposed action include any shared use parking? DYesONo V. If the proposed action includes any modification of existing roads,creation of new roads or change in existing access,describe: NIA vi. Are public/private transportation service(s)or facilities available within''/Z mile of the proposed site? ❑Yes®No vii Will the proposed action include access to public transportation or accommodations for use of hybrid,electric ❑Yes®No or other alternative fueled vehicles? viii.Will the proposed action include plans for pedestrian or bicycle accommodations for connections to existing ❑Yes®No pedestrian or bicycle routes? k.Will the proposed action(for commercial or industrial projects only)generate new or additional demand ❑Yes®No for energy? If Yes: i. Estimate annual electricity demand during operation of the proposed action: N/A ii. Anticipated sources/suppliers of electricity for the project(e.g.,on-site combustion,on-site renewable,via grid/local utility,or other): N/A iii. Will the proposed action require a new,or an upgrade,to an existing substation? ❑Yes®No 1.Hours of operation. Answer all items which apply. i. During Construction: ii. During Operations: • Monday-Friday: 7am-5pm . Monday-Friday: UNKNOWN • Saturday: 0 • Saturday: UNKNOWN • Sunday: 0 • Sunday: UNKNOWN • Holidays: 0 • Holidays: UNKNOWN Page 7 of 13 m.Will the proposed action produi Ise that will exceed existing ambient noise levi ring construction, ®Yes❑No operation,or both? If yes: i. Provide details including sources,time of day and duration: During construction there will be a brief time where nose levels will exceed ambient noise levels due to the use of heavy machinery,as well as the use of the generators. U. Will the proposed action remove existing natural barriers that could act as a noise barrier or screen? ❑Yes®No Describe:N/A n.Will the proposed action have outdoor lighting? ❑Yes®No If yes: i. Describe source(s),location(s),height of fixture(s),direction/aim,and proximity to nearest occupied structures: N/A H. Will proposed action remove existing natural barriers that could act as a light barrier or screen? 13 Yes®No Describe: N/A o. Does the proposed action have the potential to produce odors for more than one hour per day? ❑Yes®No If Yes,describe possible sources,potential frequency and duration of odor emissions,and proximity to nearest occupied structures: —NIA p.Will the proposed action include any bulk storage of petroleum(combined capacity of over 1,100 gallons) ❑Yes®No or chemical products 185 gallons in above ground storage or any amount in underground storage? If Yes: i. Product(s)to be stored N/A H. Volume(s) NIA per unit time NIA (e.g.,month,year) iii. Generally,describe the proposed storage facilities: N/A q.Will the proposed action(commercial,industrial and recreational projects only)use pesticides(i.e.,herbicides, ❑Yes ®No insecticides)during construction or operation? If Yes: i. Describe proposed treatment(s): N/A H. Will the proposed action use Inte ted Pest Mana ement Practices? ❑ Yes ®No r.Will the proposed action(commercial or industrial projects only)involve or require the management or disposal ❑ Yes ®No of solid waste(excluding hazardous materials)? If Yes: i. Describe any solid waste(s)to be generated during construction or operation of the facility: • Construction: N/A tons per NIA(unit of time) • Operation: N/A tons per N/A (unit of time) U. Describe any proposals for on-site minimization,recycling or reuse of materials to,avoid disposal as solid waste: • Construction:N/A • Operation: NIA iii. Proposed disposal methods/facilities for solid waste generated on-site: • Construction:N/A • Operation: N/A Page 8 of 13 s.Does the proposed action include struction or modification of a solid waste man; rnt facility? ❑Yes® No If Yes: i. Type of management or handling of waste proposed for the site(e.g.,recycling or transfer station,composting,landfill,or other disposal activities): N/A H. Anticipated rate of disposal/processing: • N/A Tons/month,if transfer or other non-combustion/thermal treatment,or e N/A Tons/hour,if combustion or thermal treatment iii. If landfill,anticipated site life: N/A years t.Will the proposed action at the site involve the commercial generation,treatment,storage,or disposal of hazardous❑Yes®No waste? If Yes: i.Name(s)of all hazardous wastes or constituents to be generated,handled or managed at facility: N/A H. Generally describe processes or activities involving hazardous wastes or constituents: N/A iii.Specify amount to be handled or generated N/A tons/month iv. Describe any proposals for on�site minimization,recycling or reuse of hazardous constituents: N/A v. Will any hazardous wastes be disposed at an existing offsite hazardous waste facility? Yes No If Yes:provide name and location of facility: N/A If No:describe proposed management of any hazardous wastes which will not be sent to a hazardous waste facility: N/A E.Site and Setting of Proposed Action E.1.Land uses on and surrounding the project site a.Existing land uses. i. Check all uses that occur on,adjoining and near the project site. ❑ Urban ❑ Industrial ❑ Commercial ® Residential(suburban) ® Rural(non-farm) ❑ Forest ❑ Agriculture ® Aquatic ❑ Other(specify): ii. If mix of uses,generally describe: b.Land uses and covertypes on the project site. Land use or Current Acreage After Change Covertype Acreage Project Completion (Acres+/-) • Roads,buildings,and other paved or impervious 0.40 0.40 0.40 surfaces • Forested 5.20 5.20 0.00 • Meadows,grasslands or brushlands(non- 0.00 0.00 0.00 agricultural,including abandoned agricultural) • Agricultural 0.00 0.00 0.00 (includes active orchards,field,greenhouse etc.) • Surface water features (lakes,ponds,streams,rivers,etc.) 0.30 0.30 0.00 • Wetlands(freshwater or tidal) 0.40 0.40 0.00 • Non-vegetated(bare rock,earth or fill) 0.45 0.45 0.00 • Other Describe:Lawn/Landscaping 1.25 1.25 0.00 Page 9 of 13 c.Is'the project site presently used, iembers of the community for public recreatio, ❑Yes®No i. If Yes:explain: N/A d.Are there any facilities serving children,the elderly,people with disabilities(e.g.,schools,hospitals,licensed ❑Yes®No day care centers,or group homes)within 1500 feet of the project site? If Yes, i. Identify Facilities: N/A e.Does the project site contain an existing dam? ❑Yes®No If Yes: L Dimensions of the dam and impoundment: • Dam height: N/A feet • Darn length: N/A feet • Surface area: N/A acres • Volume impounded: N/A gallons OR acre-feet ii. Dam's existing hazard classification: N/A W.Provide date and summarize results of last inspection: N/A f.Has the project site ever been used as a municipal,commercial or industrial solid waste management facility, ❑Yes®No or does the project site adjoin property which is now,or was at one time,used as a solid waste management facility? If Yes: i. Has the facility been formally closed? ❑Yes❑ No • If yes,cite sources/documentation: N/A ii. Describe the location of the project site relative to the boundaries of the solid waste management facility: N/A W. Describe any development constraints due to the prior solid waste activities: N/A g.Have hazardous wastes been generated,treated and/or disposed of at the site,or does the project site adjoin ❑Yes®No property which is now or was at one time used to commercially treat,store and/or dispose of hazardous waste? If Yes: i. Describe waste(s)handled and waste management activities,including approximate time when activities occurred: N/A h. Potential contamination history. Has there been a reported spill at the proposed project site,or have any ❑Yes®No remedial actions been conducted at or adjacent to the proposed site? If Yes: i. Is any portion of the site listed on the NYSDEC Spills Incidents database or Environmental Site ❑Yes®No Remediation database? Check all that apply: ❑ Yes—Spills Incidents database Provide DEC ID number(s): N/A ❑ Yes—Environmental Site Remediation database Provide DEC ID number(s): N/A ❑ Neither database ii. If site has been subject of RCRA corrective activities,describe control measures: N/A W. Is the project within 2000 feet of any site in the NYSDEC Environmental Site Remediation database? ❑Yes®No If yes,provide DEC ID number(s):N/A iv. If yes to(i),(ii)or(iii)above,describe current status of site(s): N/A Page 10 of 13 v. Is the project site subject to an utional control limiting property uses? ❑Yes®No '• If yes,DEC site ID number: NIA • Describe the type of institutional control(e.g.,deed restriction or easement): N/A • Describe any use limitations: N/A • Describe any engineering controls: N/A • Will the project affect the institutional or engineering controls in place? ❑YesmNo • Explain: N/A E.2. Natural Resources On or Near Project Site a.What is the average depth to bedrock on the project site? N/A feet b.Are there bedrock outcroppings on the project site? ❑YesONo If Yes,what proportion of the site is comprised of bedrock outcroppings? N/A% c.Predominant soil type(s)present on project site: Plymouth 85% Carver 5% Montauk 5% % d.What is the average depth to the water table on the project site? Average: 0-12 feet e.Drainage status of project site soils:® Well Drained: 87%of site ® Moderately Well Drained: 8%of site ® Poorly Drained 5%of site f.Approximate proportion of proposed action site with slopes: ❑ 0-10%: 98 %of site ❑ 10-15%: 1 %of site ❑ 15%or greater: 1 %of site g.Are there any unique geologic features on the project site? ❑Yes®No If Yes,describe:N/A h. Surface water features. i. Does any portion of the project site contain wetlands or other waterbodies(including streams,rivers, ®Yes❑No ponds or lakes)? ii. Do any wetlands or other waterbodies adjoin the project site? ®Yes❑No If Yes to either i or ii,continue. If No,skip to E.21 iii. Are any of the wetlands or waterbodies within or adjoining the project site regulated by any federal, ®Yes❑No state or local agency? iv.For each identified regulated wetland and waterbody on the project site,provide the following information: • Streams: Name N/A Classification N/A • Lakes or Ponds: Name 924-43 Classification SA • Wetlands: Name Tidal Wetlands,Federal Waters,NYS Wetland,Fe... Approximate Size NYS Wetland(in a... • Wetland No.(if regulated by DEC) So-41 v. Are any of the above water bodies listed in the most recent compilation of NYS water quality-impaired ❑Yes Flo waterbodies? If yes,name of impaired water body/bodies and basis for listing as impaired: N/A i.Is the project site in a designated Floodway? ❑YesoNo j.Is the project site in the 100-yeas`Floodplain? ®Yes❑No k.Is the project site in the 500-year Floodplain? ®Yes❑No 1.Is the project site located over,or immediately adjoining,a primary,principal or sole source aquifer? ®Yes❑No If Yes: i.Name of aquifer:Sole Source Aquifer Names:Nassau-Suffolk SSA Page 11 of 13 m. Identify the predominant wildl ecies that occupy or use the project site: Oysters Hard Clams Bay Scallops variety of Finfish Whelks Blue Crab n.Does the project site contain a designated significant natural community? ❑Yes 0No If Yes: i. Describe the habitat/community(composition,function,and basis for designation): N/A ii. Source(s)of description or evaluation: N/A X. Extent of community/habitat: • Currently: N/A acres • Following completion of project as proposed: N/A acres • Gain or loss(indicate+or-): NIA acres o.Does project site contain any species of plant or animal that is listed by the federal government or NYS as ®Yes❑No endangered or threatened,or does it contain any areas identified as habitat for an endangered or threatened species? If Yes: i. Species and listing(endangered of threatened): Least Tern,Piping Plover p. Does the project site contain any species of plant or animal that is listed by NYS as rare,or as a species of Yes®No special concern? If Yes: i. Species and listing: N/A q.Is the project site or adjoining area currently used for hunting,trapping,fishing or shell fishing? ❑Yes®No If yes,give a brief description of how the proposed action may affect that use: N/A E.3. Designated Public Resources On or Near Project Site a.Is the project site,or any portion of it,located in a designated agricultural district certified pursuant to ❑Yes®No Agriculture and Markets Law,Article 25-AA,Section 303 and 304? If Yes, provide county plus district name/number:N/A b.Are agricultural lands consisting of highly productive soils present? [-]Yes®No i. If Yes:acreage(s)on project site?N/A U. Source(s)of soil rating(s): N/A c. Does the project site contain all or part of,or is it substantially contiguous to,a registered National ❑Yes®No Natural Landmark? If Yes: i. Nature of the natural landmark: ❑Biological Community ❑ Geological Feature ii. Provide brief description of landmark,including values behind designation and approximate size/extent: N/A d.Is the project site located in or does it adjoin a state listed Critical Environmental Area? ®Yes❑No If Yes: i. CEA name: Peconic Bay and Ehvirons ii. Basis for designation: Protect public health,water,vegetation,&scenic beauty iii. Designating agency and date: Agency:Suffolk County,Date:7-12-88 Page 12 of 13 e.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district ❑Yes®No which is listed on the National or State Register of Historic Places,or that has been determined by the Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? If Yes: L Nature of historic/archaeological resource: ❑Archaeological Site []Historic Building or District A Name: NIA iii. Brief description of attributes on which listing is based: N/A f. Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for ®Yes[]No archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory? g.Have additional archaeological or historic site(s)or resources been identified on the project site? ❑Yes®No If Yes: i.Describe possible resource(s): ii. Basis for identification: h.Is the project site within fives miles of any officially designated and publicly accessible federal,state,or local ®Yes[]No scenic or aesthetic resource? If Yes: i. Identify resource:Peconic Land Trust-Shellfisher Preserve A Nature of,or basis for,designation(e.g.,established highway overlook,state or local park,state historic trail or scenic byway, etc.):Preserve X.Distance between project and resource: Approx 0.16 miles. i. Is the project site located within a designated river corridor under the Wild,Scenic and Recreational Rivers ❑Yes®No Program 6 NYCRR 666? If Yes: i. Identify the name of the river and its designation: ii. Is the activity consistent with development restrictions contained in 6NYCRR Part 666? ®Yes(]No F.Additional Information Attach any additional information which may be needed to clarify your project. If you have identified any adverse impacts which could be associated with your proposal,please describe those impacts plus any measures which you propose to avoid or minimize them. G. Verification I certify that the information provided is true to the best of my knowledge. j Applicant/Sponsor Name Joseph LoGiudice Date��� 1 Signature 4�d r- iU df _ Title owner PRINT F®RM Page 13 of 13 EAF Mapper Summa- _.,deport - -Aonday, July 19, 2021 11:24 AM _ Disclaimer: The EAF Mapper is a screening tool intended to assist .q. "" — T� project sponsors and reviewing agencies in preparing an environmental ,;' t •' assessment form(EAF).Not all questions asked in the EAF are answered by the EAF Mapper.Additional information on any 15AF question can be obtained by consulting the EAF Workbooks. Although SIl Alt@f eland the EAF Mapper provides the most up-to-date digital data available to DEC,you may also need to contact local or other data sources in order to obtain data not provided by the Mapper.Digital data is not a substitute for agency determinations. - r L, Montreal So I old-- i ToWlto Js-x:�,IL�tltl�r,. Ruchuacr Boy6fr _ {�[= rj� '� _ -,. firkSF ir�ta�- ►�!i).'iny 1 t3 C��tr4` ' - ^� awston, • . r � r r ;��..r,�"' �` ,�s � � 1 ��i� ad . _ , r'-`�' �:T ('•61ra=:�'3"`S1YPe3 � `�'`r' t9rk 01!'=' 1 '+, = ; e' ,, itbt•gj�tch ?,'P`h";W,ar detpha .,anii►il.U' SGS,lnteimalz;IN RENIE NTP,-NR Call. �,041FMIW Jsii-Ja - -O—' , ;Eslt•Chlna(HclllgK011C�i,E�lis ft Esrf I?liaflaIAa,NGcC:(e?) ]17e1Sfi�#tJiaj�, e3��tnlaukrr ,anclitll�,G15 UsV-Cblilnruni�!' [IaiStzANIap, 11knh�y r�rt1 �1e GIs User'CrommRA iti -- --_.__. :B.i.i [Coastal or Waterfront Area] aYes j ;B.i.ii [Local Waterfront Revitalization Area] ';,Yes --------------- ;C.2.b. [Special Planning District] _ ?Yes-Digital mapping data are not available for all Special Planning Districts. Refer to EAF Workbook. C.2.b. [Special Planning District-Name]m NYS Heritage Areas:Ll North Shore Heritage Area E,1.h [DEC Spills or Remediation Site- ;Digital mapping data are not available or are incomplete. Refer to EAF Potential Contamination History] 'Workbook. 'E.1.h.i [DEC Spills or Remediation Site- ;Digital mapping data are not available or are incomplete. Refer to EAF Listed] _ y Workbook. E.1.h.i [DEC Spills or Remediation Site- ',Digital mapping data are not available or are incomplete. Refer to EAF ; Environmental Site Remediation Database] ;Workbook. E.1.h.iii [Within 2,000'of DEC Remediation �No , 'Site] 'E.2.g [Unique Geologic Features] a,.���._...}Noa,_w_..__...,MM.._.�.�., �E.2.h.i [Surface Water Features]__r,..�.,...v�.,,�_. ,Yes 'E.2.h.ii [Surface Water Features] ;Yes �E.2.h.iii [Surface Water Features] ?Yes-Digital mapping information on local and federal wetlands and vaterbodies is known to be incomplete. Refer to EAF Workbook. E.2.h.iv[Surface Water Features- flake/Pond Name] „_..__.�, M.._..�,_._._" _ a,., _uw ,T_._ ,,_w,. �.z_m.•..,.. F,_T.._.._,.Mu.,w,..._ ,.,.,.__ .. . .,__,_ „__._ _. ._. �.,.. „_w_._Fµ ;E.2.h.iv[Surface Water Features- SA ' Lake/Pond Classification] ;E.2.h.iv[Surface Water Features-Wetlands ;Tidal Wetlands, Federal Waters, NYS Wetlandw� ____ .� _.. _r ._� _"_ •.._.h,�,i Name] _ _ E.2.h.iv[Surface Water Features-Wetlands NYS Wetland (in acres):3.4 ;Size] ,E.2.h.iv[Surface Water Features-DEC SO-41 ;Wetlands Number] ' i Full Environmental Assessment Form - EAF Mapper Summary Report l E:.1.h.v Limpaired Water bodies] _ !No ` +E.2:i.'[Floodway],_.,..._.. �,._.�..,..-ya,... ,,.... .,,.n;NoMVa..�_,,�,..u,_.aw�..,,._..r..a,_T._, ,,,�.,���.,._ •rn �,..�.��.�,�,•.,-.a_,.Ae.._. „�.�aw�._...�.�.�,.����,.�,..,.. .; E.2,j. [100 Year Floodplain] 9Yes E.2.k. [500 Year Floodplain] !Yes -�--�•-.-�-_�.___�_..,.,�......,.__.�,.."_._.._�__..,��_.I E.2.1. [Aquifers] ;Yes E.2.1. [Aquifer Names]-_._�y_. j Sole Source Aquifer Names:Nassau-Suffolk SSA ✓�""-- _v,.. .__-_._ _u_ _.. E.2.n. [Natural Communities] 'No j E.2.o. [Endangered or Threatened Species] �Yes {,__,.,_,__..�_.�.,_.,.�..x.,.�„�r:,x.,,__...,,...��_,�,.Y_,_,..µ_,a.•.._._�,..�_N ..rv___•,...��„__M��.,,.,._. .,_..._-r_ ,.�,�.�,..���.,m.,.�,,,.._,.._,...,_._._�,...M,.F�.._..nw_,.,�4,_�.,.A..a.N,.,w....�,n..M.�_ E.2.o. [Endangered or Threatened Species- ;Least Tern, Piping Plover Name] i E.2.p. [Rare Plants or Animals] ;No E.3.a. [Agricultural District] ;No ;E.3.c. [National Natural Landmark] No E.3.d [Critical Environmental Area]FN,._•_,__.,,.,_.. .,•Yes..,_w.�.`__._,..�..�..�.._�_.•.,,�.�.n._�...�.,.,K..F,.m__.V.,��_.w..�._.,.�_._.w��.,..,�_,vww,.,,_,u...w_.n�•_�....,�,_...._.,�� E.3.d [Critical Environmental Area-Name] =Peconic Bay and Environs mmi ;E.3.d.ii [Critical Environmental Area-n~ �~+Protect public health,water, vegetation, &scenic beauty Reason] E.3.d.iii [Critical Environmental Area— Date ;Agency:Suffolk County, Date:7-'12-88 `;and Agency] E.3.e. [National or State Register of Historic R Digital mapping data are not available or are incomplete. Refer to EAF Places or State Eligible Sites] Workbook. E.V. [Archeological Sites] ;Yes 1E.3.i. [Designated River Corridor] No�_n.,�,...-_m_ Full Environmental Assessment Form - EAF Mapper Summary Report 2 Gle' oldsmith,President S UFF01ACC Town Hall Annex A.Nicholas Krupski,Vice President =�'`� G'y� 54375 Route 25 John M. Bredemeyer III y z P.O. Box 1179 Michael J. Domino 'Ty Southold,NY 11971 Greg Williams ��O® �a�l� Telephone(631)765-1892 Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Date/Time: -72Z2 j Completed in field by: Costello Marine Contracting Corp. on behalf of JOSEPH & MARY ELLEN LOGIUDICE request a Wetland Permit to construct a 4'x40' landward ramp onto a 4'x110' fixed dock with a 4'x40' "L" section at seaward end; construct a 4'x40' lower platform with a 5'x4' access platform and a 4'x16' ramp; install three (3) two-pile dolphins; and proved water and electrical service to dock. Located: 10995 North.Bayview Road, Southold. SCTM# 1000-79-5-20.14 CH. 275-3 - SETBACKS WETLAND BOUNDARY: Actual Footage or OK=4 Setback Waiver Required 1. Residence: 100 feet 2. Driveway: 50 feet 3. Sanitary Leaching Pool (cesspool): 100 feet 4. Septic Tank: 75 feet 5. Swimming Pool and related structures: 50 feet 6. Landscaping or gardening: 50 feet 7. Placement of C&D material: 100 feet TOP OF BLUFF: 1. Residence: 100 feet 2. Driveway: 100 feet 3. Sanitary leaching pool (cesspool) 100 feet: 4. Swimming pool and related structures: 100 feet Public Notice of Hearing Card Posted: Y / N Ch. 275 Ch. 111 SEQRA Type: 1 II Unlisted Action Type of Application: Pre-Submission Administrative Amendment Wetland Coastal Erosion Emergency Violation Non-Jurisdiction Surveys 5 years: Y/N Wetland Line by: C.E.H.A. Line Additional information/suggested modifications/conditions/need for outside review/consultant/application completeness/comments/standards: G*)c /vl- I have read & acknowledged the foregoing Trustees comments: Agent/Owner: / Present were: J. Bredemeyer M. Domino JG. Goldsmith ✓ N. Krupski G. Williams Other V N PROJECT LOCATION 41002' 50" N 72023' 34" W AR1SH ^ems VQ ANO� � h��f+:+.<$•cs s „e^ySW,'•'.'"�J>k'ti h^y5 3(\J C' a -U �J f.:.i`_;{ 6�:•};�..,'.L.` ..{:'�S;T .r;py"'•aa.•LE � , Lly 1�T1 'i KPn .�'.J11QPOO rr y''r 'a, Uo____� .� RBX®O SHORES C) � J In W ROAD Rx7 r a cr 6 YVI� RD s ,A r E c E 1W E D JUN — 4 2021 Southold Town VICINITY MAP Board of Trustees APPLICANT:JOSEPH MARY ELLEN LOGIUDICE ADDRESS: 10095 N. BAYVIEW ROAD SOUTHOLD, NY 1 1971 PREPARED BY: DM JOB SITE: 10995 N. BAYVIEW ROAD COSTELLO MARINE CONTRACTING CORP. SOUTHOLD, NY 1 1971 P.0 BOX 2124, GREENPORT, N.Y. 1 1944 SCTM: #1000-79-5-20. 14 (G3 I)477-1 195 (SHEET I of G) , DATE: 04/13/2 1 ,a PROJECT LOCATION , 41002' 50" N 72023' 34" W 2i+ x13 ADJACENT PROPERTY OWNERS QI DANIEL SCOTTO * JANICE CURRY 20.0 20_9 1 1045 N. 15AYVIEW ROAD 1.8A 2.4A SOUTHOLD, NY 1 1971 O (1 1045 N. BAYVIEW ROAD) SCTM #1000-79-5-19 �f Q TOWN OF SOUTHOLD z:s 2S2 P.O. BOX 1 179 SOUTHOLD, NY 1 1971 (BAYV I EW ROAD) SCTM #1000-79-5-20. 1 5 a 20.11 20.8 (3 PECONIC LAND TRUST 2 2A 2.2A P.O.BOX 177G SOUTHAMPTON, NY I 1 9GO 0 $ (10273 N. BAYVIEW ROAD) SCTM #1000-79-5-20. 12 s, ® LORRAINE M. 4 CLIFFORD C. CORNELL, JR. 1094G N. BAYVIEW ROAD SOUTHOLD, NY 1 1971 (I 094G N. BAYVIEW ROAD) SCTM #1000-79-5-20.8 �� (!D CLIFFOKD *- RUTH CORNELL P.O. BOX 910 SOUTHOLD, NY 1 1971 O 4 (10948 N. BAYVIEW ROAD) SCTM #1000-79-5-20.9 QG ALLAN * ELLEN WEXLER 305 W. 20TH STREET NEW YORK, NY 1001 1 (10950 N. BAYVIEW ROAD) SCTM #1000-79-8-18.3 20 15 I G.Oa Q THOMAS * MICHELLE HART TOWN Of 50UTHOLD +� 11000 N. BAYVIEW ROAD SOUTHOLD, NY 1 1971 in (I 1000 N. B SCTM #I - - Ell 21 19 I -OA()Jc l V 1 ' C ti y�5 1 JUN - 4 2021 � ACCESS: Southold Town O BY WATE V+A-E oar d of TrY'LARD —_ — THROUGH APPLICANTS PROPERTY. APPLICANT:JOSEPH MARY ELLEN LOGIUDICE LOCATION MAP ADDRESS: 10995 N. BAYVIEW ROAD SOUTHOLD, NY 1 1971 PREPARED BY: DM JOB SITE: 10995 N. BAYVIEW ROAD COSTELLO MARINE CONTRACTING CORP. 0 200' SOUTHOLD, NY 1 1971 P.O BOX 2124, GREENPOKT, N.Y. 1 1944 SCTM: #1000-79-5-20. 14 (G3 1)477-1 139 (SHEET 2 of G) DATE: 04/13/2 1 PROPOSED CONSTRUCT A 4'X40' RAMP UP ONTO A 4'X 110' FIXED DOCK WITH A 4'X40' "L" SECTION AT END. CONSTRUCT A 4'X40' LOWER PLATFORM WITH A 5'X4' ACCESS PLATFORM AND A 4'X I G' RAMP. INSTALL THREE 2-PILE DOLPHINS. PROVIDE FOR WATER AND ELECTRICAL SERVICE. MATERIALS PILING: 10" DIAMETER CCA TREATED STRINGERS: G"XS" CCA TREATED LUMBER CAPS: G"X8" CCA TREATED LUMBER DECKING: 5/4"XG" TROPICAL HARDWOOD TOE-RAIL: 4"X4" TROPICAL HARDWOOD HARDWARE: HOT DIPPED GALVANIZED WITH STAINLESS STEEL DECK FASTENERS. I ,SUN - 4 2021 I� ` I Southold Town Board of�- �tees APPLICANT:JOSEPH MARY ELLEN LOGIUDICE ADDRESS: 10955 N. BAYVIEW ROAD SOUTHOLD, NY 1 1971 PREPARED BY: DM JOB SITE: 10995 N. BAYVIEW ROAD COSTELLO MARINE CONTRACTING CORP. SOUTHOLD, NY 1 1371 P.0 BOX 2124, GREENPORT, N.Y. 1 1944 SCTM: #1000-79-5-20. 14 (G31)477-1 139 (SHEET 3 of G) DATE: 04/13/21 n I J co"N��� GUFF O GO F.ti ,b' OR RN 1 RV�N W J RRPNO G GORNF m� F N IF � w� 100 E 2 W �.. S� o � 0 0 °p4' r PpGON�G ao•- ��pg9g i � e /OF MP MPNPSSPN o�i� m sae, L PONp 0PNK w e�•,�^ �, S16o50 �0 'tiV r.vo 222.83' oo� 0„yy F OF SGOjSO '�� S�3I ps ry�NI '0 12 35' Luj IV ( li .SUN - i Q 2029 Southold Town SITE 6o2r`' �f Trustees APPLICANT:JOSEPH MARY ELLEN LOGIUDICE ADDRESS: 10995 N. BAYVIEW ROAD SOUTHOLD, NY 1 1971 PREPARED BY: DM 0 100' JOB SITE: 10935 N. BAYVIEW ROAD C05TELLO MARINE CONTRACTING CORP. SOUTHOLD, NY 1 1971 P.0 BOX 2124, GREENPORT, N.Y. 1 1944 SCTM: #1000-79-5-20. 14 (G3 1)477-1 199 (SHEET 4 of G) DATE: 04/13/21 PROPOSED: CONSTRUCT A 4'X40' RAMP UP ONTO A 4'X 110'_5 1 -5.2 FIXED DOCK WITH A 4'X40' "L" SECTION AT END. -5. 1 4'X40' "L" SECTION -5. 1 CONSTRUCT A 4'X40' LOWER PLATFORM WITH A-5.0 4 FIXED DOCK 5. 1 _5 0 5'X4' ACCESS PLATFORM AND A 4'X I G' RAM 5 _ P. - .0 4- 9 INSTALL THREE 2-PILE DOLPHINS. PROVIDE FOR -4. -5.0 -5.0 WATER AND LECTRICCAL SERVICE. ® -4.9 - -5.0 4.G _4 8 -4.3 -4.4 65'-6 -4.7 -4.7 -4.5 -4.6 -4.3 (3) 2 PILING 30' �ao -4.7 -4'3 DOLPHINS -4'G �6 -4'4 -4.3 -� I 4'X40' LOWER -4.5 `4.2 67`-2° -4.4 -`F `1 PLATFORM -4. 1 -4.0 -4.3 3O -4.2 -4.4 -4. 1 so' _ G -3.7 -4.0 -4.2 �4,0 4'X I G' -4 474-62 -4.0 -3.9 -4.0 16' -3.9 -3.9 -3.7 _3 91 1 o1 -3.5 RAMP -4.2 -3.7 1 os�_8„ - -3.7 -3.5 - -3.8 4,X5, -4.0 -3.5 3.7 -3.6 CCES5 -3.9 -3.8 -3.2 -3 3 N _3.5 -3.4 PLATFO -3.� 1os-a° -3.6 -3.0 _3 1 -3 2 -3. 1 -3.5 -3.3 -2.4 -2.G -2.8 _ -3'2 -3. 1 4'X 1 10' -2.8 -1.4 -1.8 -1.5 1 6 FIXED DOCK -2.2 -2.5 -0.7 _1 1 -0.9 -1.0 -1 .6 -I .G -0.3 -0.5 -0.2 -0.3 -1.0 -1 .0 3 --0.3- MLW 0.5_0.4 0.4 -0.4 1.4 t � -0.3 1 .2 1.8 �4 4 0 1 5 0. _ 4X40 - 5 MHW 2.5 _ --- RAMP UP I .3 �I G SH W 2.9 Lu 8� �- 2.0 1 5 4J:y�Cf(+'le. :tikir- J S7GO I 3129"E 156.80 Lo -J,/ 1N n Y`$4� `Y'• �.8•�,i:�'Ct?,•i:4 e'!'it�l �Y _ __ _ 4.3 WET 5 5r, cv �,••,2, - - __ LANDS •2 s•. �h - - -- -- ---- -- -- _ :�..•.K,._;:::� t=� 4.2 TOE SLOPE �gAGN ;( ' +o -5--7_ TOPS 7 7 '- -- _ _ 7.7 I 7 -PE -'`..� ---TOP OF BLUFF --------------------MON _ - - -- EcE 1 f L) EXISTING WOODEN ' STAIRS TO BEACH j JUN - 4 2091 v PLAN APPLICANT:JO5EPH MARY ELLEN LOGIUDICE I- I ADDRESS: 10995 N. BAYVIEW ROAD Southol( -awn SOUTHOLD, NY 11571 PREPARED BY Board of - JOB SITE: 10995 N. BAYVIEW ROAD C05TELLO MARINE CONTRACTING CORP. SOUTHOLD, NY 1 1971 P.0 BOX 2124, GREENPORT, N.Y. 1 1944 SCTM: #1000-79-5-20. 14 (G3 1)477-1 100 (DM) (SHEET 5 of G) DATE: 04/13/21 10"0 PILES 5/4"xG"TROPICAL 36" HARDWOOD DECK G"x&5TRINGER5 G"x8"CAPS MHW +2.9' MHW+2.5' MLW O.o BOTTOM VARIES 14' PENETRATION F E C L� � V JUN - 4 2021 Southold Tc• • Board of Tr APPLICANT:JOSEPH 4 MARY ELLEN LOGIUDICE DETAIL VIEW ADDRESS: 10595 N. BAYVIEW ROAD SOUTHOLD, NY 1 1971 PREPARED BY: DM JOB SITE: 10995 N. BAYVIEW ROAD C05TELLO MARINE CONTRACTING CORP. SOUTHOLD, NY 11971 P.0 BOX 2124, GREENPORT, N.Y. 1 1944 SCTM: #1 000-79-5-20. 14 (G31)477-1 199 (DM) (SHEET G of G) DATE: 04/13/21 HYDR®GRAPHIC MAP Surveyed: l0-01-18 W E SCT# 1000-79-5-20.14 5 Town: Southold Suffolk County, NY Datum: MLLW So u •t h o l d [3 a y 401 -5.1 -5.0 -5.1 -5.1 -5.1 -5.2 -5.2 -5.0 -5.0 -5.0 -4.9 _5.0 -5.1 -5.1 -4.9 -4.9 -5.0 -4.7 -5.0 -5.0 -5.1 -4.8 -4.8 -4.9 -4.8 -4.8 -5.0 -5.1 -4.5 -4.7 -4.7 -4.7 -4.7 -4.8 -5.0 -4:5 , -4.6 -4.6 -4.6 -4.5 -4.6 . -4.8 -4.4 -4.4 -4.4 -4.4 -4.4 -4.4 -4.6 -4.3 -4.3 -4.3 -4.2 -4.2 -4.2 -4.4 -4.3 -4.2 -4.2 -4.1 -4.0 -4.1 -4.2 -4.3 -4.0 -4.0 -4.0 -4.0 -4.0 -4.0 -4.1 -3.9 -3,9 -3.9 -4.0 -4.0 -3.9 -3.9 -3.7 -3.8 _ -3.9 -3.9 -3.8 -3.8 3.7 -3.8 _ -3.7 -3.7 -3.7 -3.8 -3.7 -3.6 -3.6 -3.5 -3.5 -3.5 -3.6 -3.5 -3.3 -3.4 -3.3 -3.2 -3.4 -3.2 -3.1 -3.1 -3.2 -3,1 -3.1 -2.8 -3.0 -2.6 -2.8 -2.5 -2.2 -2.5 -2.6 -1.6 -1.6 -1.7 -2.4 -1.8 -1.8 -1.6 -1.4 -1.1 -0.9 -1.0 -1.0 -1.0 -0.5 -0.7 620' -0.5 -0.2 -0 -0.4.4 MLW -0.3 650' 0.3 timber 0.3 0.4 0.4 0.5 0.5 0.4 timber 1.3 jetty 1.4 1.2 1.8 1.3 1.1 1.0 dock 2.4 2.7 2.4 2.8 2.3 2.0 1.9 MH 3.6 W - 0 �.� 4.0 3.8 3.0 5.1 4.2 I ..-- 4.3 5.0 4.6 ---------------P--g-----------,----5:-2--------------------- wetlands 6.3 steps 7.0 toe 6.6----------- 5:7 5.4 - -- ------- . __ p _7_77.3 7.5 ------------------- - n mon �aofTru LE #10995 Bayviely goad 5CT# 1000-79-5-20.14 Land of LoCiudice ROBERT H. FOX NYS PLS#50197 P. 0. Box 366 Aquebogue, NY 11931 I0/11W8 Q.33.50AM G.\Doa cents and Settings%bob fox\Oesktop\I0495 DjvyAd}xo S. C. T.M.# DIST: 1000 SEC:79 BLK:5 LOT(S):20. 14 ii JINN - 4 2021 Southold Tmmn E Board of Trustees REYDON DRIVE U I 4X Y V I z Q � O^ LAND N/F OF STK. CO Q PECONIC LAND TRUST O LAND N/F OF 574.03' 0 �p PECONIC LAND TRUST POND C/D \ LAND N/F OF ON, LORRAINE M. CORNELL 8c 1V20n4 �,00 ,. CLIFFORD C. CORNELL JR. I LAND N/F OF 0050923 F CLIFFORD CORNELL 00050 \ RUTH CORNELL STK. STONE DRIVEWAY - -- - - BeCC' 6Ck cURB MON. ASpHq.J QRI,EK,AY I / / / ELEC. METER BELL. BLK. CURB_ - � ----- --- - - _ V BfCC BCK`CUR MAIN.- �'S70NE ENTRANCE - -- - - ,_,_ - - -- . STK. _ 4SAygClo'Qi� I- ,Lr) _ �Il . BRICK-___--_.—_-1, a� MON. �S19051 '50 "W POND ��� 1 — .-_ I GARAGE - --. --- -- ___ FOUNTAIN �, UNDER L ^ ry I 11 rn �-3 5 ? 1 _ _ - - - - BRICK '•J �Ol O f/�O .91 MON. ASPHALT DRIVEWAY _ jI' _ ___ _ _ __ 1 BELC. BLK. CURB -- __---__- II I� I BRICK _-I,I� — fV 00 7 - - --__.__' --__ - - _ I, I ____—._. DWELLING w MON, 10995 J —/ I nA O STONE PARKING AREA II 3 0 � LAND N/F OF OOP 516050 '40 'yy ---BLK.__ DANIEL & JANICE SCOTTO BELG. CURB 885. 54 ' �l � I N MON, I S16004 '40 "W 460. 56 ' 7 I' LAND N/F OF j P ELEARNOR M. KERESTER & JAMAL MANASSAH TL �r — \ -� -- — I c� 33.9" 'i � k' GARAGE 3 9,11� UNDER >r. 06 �7 3.7• 00 O o 2 STY FRM. Y DWELLING w �- -- - o #10995 DD 3.7' N k� 0 A In 33.9" 7.2 N / AREA: 349, 599.29 S Q.FT. OR 8. 03 ACRES ELEVATION DATUM: _________________________ UNAUTHORIZED AL TERA TION OR ADDITION TO THIS SURVEY lS A VIOLATION OF SECTION 7209 OF THE NEW YOI?K STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS. EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE TIME OF SURVEY SURVEY OF: DESCRIBED PROPERTY CERTIFIED TO: JOSEPH LOGIUDICE; MAP OF: MARY ELLEN LOGIUDICE; FILED: SITUATED AT: BAYVIEW TOWN OF: SOUTHOLD KENNETH M WOYCHUK LAND SURVEYING, PLLC SUFFOLK COUNTY, NEW YORK Professional Land Surveying and Design P.O. Box 153 Aquebogue, New York 11931 FILE # 24-45 SCALE:1 60' DATE: DEC. 5, 2005 N. Y.S. LISC. N0. 050882 PHONE (631)298-1588 FAX (631) 298-1588 Client: Logiudice Residence Location: 10995 North Bayview Road, Southold, NY 11971 Date. 2/16/2021 Photo 1 • Costello Marine Contracting Corp. Prepared by: 423 5th Street, PO Box 2124, Greenport,NY 11944 (631)477-1199 Phone (631)477-0005 Fax Client: Logiudice Residence Location: 10995 North Bayview Road, Southold, NY 11971 Date: 2/16/2021 Photo 2 77 WIt 10995 N Bayview R• • • • - Costello Marine Contracting Corp. Prepared by: 423 5th Street, PO Box 2124, Greenport,NY 11944 (631)477-1199 Phone (631)477-0005 Fax 2 Client: Logiudice Residence Location: 10995 North Bayview Road,Southold, NY 11971 Date: 2/16/2021 Photo 3 40 �GoogleEarth Costello Marine Contracting Corp. Prepared by: 423 5th Street, PO Box 2124, Greenport,NY 11944 (631)477-1199 Phone (631)477-0005 Fax 3 Client: Logiudice Residence Location: 10995 North Bayview Road, Southold, NY 11971 Date: 2/16/2021 Photo Photo 4 5 a Y _ Costello Marine Contracting Corp. Prepared by: 423 5th Street, PO Box 2124, Greenport,NY 11944 (631)477-1199 Phone (631)477-0005 Fax 4 Client: Logiudice Residence Location: 10995 North Bayview Road, Southold,NY 11971 Date: 2/16/2021 Photo Photo 6 7 to E 'r a i i ^1�••�"` '�"' _ - '' .. .._...,.. ,fib. f - j 1 Costello Marine Contracting Corp. Prepared by: 423 5th Street, PO Box 2124, Greenport, NY 11944 (631)477-1199 Phone (631)477-0005 Fax 5 Client: Logiudice Residence Location: 10995 North Bayview Road, Southold, NY 11971 Date: 2/16/2021 Photo 8 _.._ .mow..'I.; .,yn- r..».,,:.. rcuew,"'?nr,>..»ir. ✓ .M1"�'. ,,. Costello Marine Contracting Corp. 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I P p 'w P 3 6 8 n B t0 t1 1x u, I]E u w_ Sa 51 M it 5 m ua a, a> 4.3 P n r n"Se tgERJY r P ?14 Jon 31 zTw 3 2M P w, ° �b ',� m �90-� m TO—Of'aOUINOLD zr, � s,6 b o- az `w •DR m la° „ e[ °B - ]B.oA1a s ® I z:a IN- $ "° J' -/ `\.� aF Jai _ \� O� Bz,• "�° •' i/ `' m, , ' rMATCH _- ———-_ U P MATCH UN SEE SEC NO.\ V/ ` \!f� ♦' � .OBB ma . E EEESEC NO f LE ��.,>�.d,. —�— '^^• fill •— — -- a.��'^ — -- ,.w -- NOTICE / COUNTY OF SUFFOLK © K a< sovnwEo SECTION NO c•.,- U " "' —� _—w—_ �,"•, , i" Real Property Tax Service Agency r uaF� E N r w ,�•_ on.y r er,nry GnW NVFMw,x Yllwt M 079 O... as r ,>,N.s ,. '— —__— r.... --r-- tw.wu.--r-- rar. Yo nr P rmcr rw l000 ~ •^ --- ---- -- -- T • se PROPERTY MAP OFFICE LOCATION: "� `°� MAILING ADDRESS: Town Hall Annex n.,, P.O. Box 1179 54375 State Route 25 � �' Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY 11971 ^° Telephone: 631 765-1938 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Glenn Goldsmith, President Town of Southold Board of Trustees From: Mark Terry,AICP LWRP Coordinator Date: September 9, 2021 Re: LWRP Coastal Consistency Review for JOSEPH&NL4,RY ELLEN LOGIUDICE SCTM# 1000-79-5-20.14 Costello Marine Contracting Corp. on behalf of JOSEPH&MARY ELLEN LOGIUDICE request a Wetland Permit to construct a 4'x40' landward ramp onto a 4'xl 10' fixed dock with a 4'x40' "L"section at seaward end; construct a 4'x40' lower platform with a 5'x4' access platform and a 4'xl6' ramp; install three (3)two-pile dolphins; and proved water and electrical service to dock. Located: 10995 North Bayview Road, Southold. SCTM# 1000-79-5-20.14 A similar action for a proposed dock on the same parcel by the same owner was denied in 2005 by the Board of Trustees at that time. Currently, on the east side of the Bayview Peninsula there are seven docks. Three docks do not have permits located within Laserfiche and one other dock Miller was approved in 2002. These docks were constructed prior to adoption of LWRP. Following the adoption of the LWRP three docks on the east side of the peninsula were constructed. 2016 Sag was approved for a 140' dock structure(1285C) 2016 Devito was approved for a 190' dock structure(8894) 2017 Sanford was approved for a 190' dock structure(8970). On the south side of the peninsula there are 0 docks. On the north side there is 1 small dock that predates the adoption of the LWRP. There are no other docks along this shoreline. This proposed dock is located on the north side. 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 INCONSISTENT with the below Policy Standards and therefore is INCONSISTENT with the LWRP. 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. The proposed 114' dock would jut out into Southold Bay interrupting open space of the water body. 3.1. Enhance visual quality and protect scenic resources throughout the Town of Southold. A. Minimize introduction of structural design components (including utility lines, lighting, signage and fencing) which would be discordant with existing natural scenic components and character. The 114' long dock proposes electric and water connections potentially adding lights over the water body. D. Use appropriate siting, scales,forms, and materials to ensure that structures are compatible with and add interest to existing scenic components. The dock is proposed at 114' and would be the first and longest dock along this stretch of shoreline following the adoption of the LWRP. Approval of this dock would set precedent for this type of structure. J Protect visual quality associated with public lands, including public transportation routes,public parks and public trust lands and waters. 1. Limit water surface coverage or intrusion to the minimum amount necessary. The dock would cover public trust waters, interrupting visual quality. 4.1 Minimize losses of human life and structures from flooding and erosion hazards. A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. The dock may be subject to loss from storm surge and ice damage. 5.3 Protect and enhance quality of coastal waters C. Protect water quality of coastal waters from adverse impacts associated with excavation,fill, dredging, and disposal of dredged material. Loss of benthic species and an temporary increase in turbidity is expected due to installation of pilings which could adversely impact water quality. 6.1 Protect and restore ecological quality throughout the Town of Southold. A. Avoid adverse changes to the Long Island Sound and the Peconic Bay ecosystems that would result from impairment of ecological quality as indicated by: 2, Degradation of ecological components Degradation occurs as an adverse change in ecological quality, either as a direct loss originating within the resource area or as an indirect loss originating from nearby activities. Degradation usually occurs over a more extended period of time than physical loss and may be indicated by increased siltation, changes in community composition, or evidence ofpollution. 3. Functional loss of ecological components Functional loss can be indicated by a decrease in abundance offish or wildlife, often resulting from a behavioral or physiological avoidance response. Behavioral avoidance can be due to disruptive uses that do not necessarily result in physical changes, but may be related to introduction of recreational activities or predators. Timing of activities can often be critical in determining whether a functional loss is likely to occur. Functional loss can also be manifested in physical terms, such as changes in hydrology. Southold Bay is a NYSDOS Significant Fish and Wildlife Habitat Area(Peconic Bay and Environs). Although the ecological complexes and individual habitats of Southold continue to support large assemblages of plants and animals, over time, human activity has fragmented, or otherwise impaired many of the significant habitats. The impacts that generally result from the construction of dock structures in the Southold Bay could include: Vegetation(Physical Loss) •Structure placement •Construction practices(jetting) •Chronic shading Wildlife(Physical and Functional loss) •Loss and/or impairment of habitat •Disruption of habits and migration patterns(structure and activity) •Introduction of harmful contaminants(treated woods) The construction of the dock will result in the degradation and physical loss of marine habitat. B. Protect and restore ecological quality by adhering to the following measures. 1. Maintain values associated with natural ecological communities. Each natural ecological community has associated values which contribute to the ecological quality of the Town of Southold. These values should be assessed on a case- by-case basis. 3. Avoid fragmentation of ecological communities and maintain corridors to facilitate the free exchange of biological resources within and among communities The shoreline is this area and waterbody is largely uninterrupted and a contiguous ecological community. The proposed dock with CCA treated wood will interrupt the continuity of the community. Loss of SAV, fish migration pattern interruption and bioaccumulation of pollutants in marine animals could occur. 8.3 Protect the environment from degradation due to toxic pollutants and substances hazardous to the environment and public health. A. Prevent release of toxic pollutants or substances hazardous to the environment that would have a deleterious effect on fish and wildlife resources. B. Prevent environmental degradation due to persistent toxic pollutants by: 1. limiting discharge of bio-accumulative substances, The use of CCA treated materials has been shown to allow the pesticide to bioaccumulate on lower trophic animals that occur and feed on treated pilings. 2. avoiding re-suspension of toxic pollutants and hazardous substances and wastes, and avoiding reentry of bio-accumulative substances into the food chain from existing sources. The introduction of chemicals into the water body from bottom paint is a concern as well as use and disposal chemicals used to maintain and wash a vessel moored at the dock. All of these chemicals have the capability of entering the waterbody and could result in the adverse effects on animals and plants. 9.1 Promote appropriate and adequate physical public access and recreation to coastal resources. C. Protect and maintain existing public access and water-related recreation facilities. 2. Prevent any on-site or adjacent development project or activity from directly or indirectly impairingphysical public access and recreation or adversely affecting its quality. The dock structure would remove a certain area from Southold Bay that is available to the public as a recreation and commercial (bayman) area by physically occupying the nearshore and foreshore of the water body. 9.2 Protect and provide public visual access to coastal lands and waters from public sites and transportation routes where physically practical. A. Avoid loss of existing visual access. 1. Limit physical blockage of existing visual access by development or activities due to the scale, design, location, or type structures. The proposed dock would interrupt visual access across the waterbody for viewers of; and users of the waterbody. 9.3 Preserve the public interest in and use of lands and waters held in public trust by the state and the Town of Southold. The policy states: The Town of Southold has numerous access points to its shoreline and waterfront recreation facilities. The main objective of the Town is to improve these facilities, providing increased public access to the shoreline and waterfront recreation facilities for residents and visitors. Southold's shoreline has the potential to offer a continuous right of access along the shore. Given the increase in shoreline development, the opportunity to walk the shoreline of the Peconic Estuary is a valuable public asset. It remains, however, an unrealized asset because the right of continuous access is useless without the ability to get to the shore and, once on the shore, to walk unfettered. As noted earlier, there are stretches of Southold's shoreline where the public's rights in the foreshore have been constrained, and sometimes precluded, by the design and nature of private residential development. This is a major public policy concern. Small private docks in coastal areas occupy public waters and extend across lands where the public has certain rights of access and usage. Therefore, all docks, extending out into a public water body adversely affect the public use and access along the foreshore and nearshore areas of such water bodies. Baymen are affected in areas of active shellfishing. Public access along the foreshore and Town waters has been identified as one of the most important liberties within the Town. Similarly,the legal use of New York's beaches,tidelands, and lands underwater is defined by the Public Trust doctrine which holds that the public has certain rights of access along the shore, typically for fishing, shellfishing, and navigation. Under the public trust doctrine, the foreshore and underwater lands are held in trust by the state or local government for the benefit of the public. These rights of access must generally be balanced against the riparian rights of landowners adjacent to the water's edge. Riparian rights of waterfront property owners mandate that they have access to the adjacent waterbody. Tl�ai;S does not, Brc)vvever,,lep .sarily mq ho�jzc a dock that extends into pti�ih N q!grs„or across lands where. ���bljc tLqst_ it xit„ The Courts have found that the requirement for riparian access may be met by the establishment of a dinghy or canoe launching area—with no structure (NOAA 2008). An offshore mooring would also gain pubic access to public waters. Throughout the Town a total of 3 03+public and quasi-public access points have been established to allow for access to the foreshore and navigable waters. These access points include, boat launch facilities, road ends,managed parks and Town owned properties. A. Limit grants, leases, easements, permits or lesser interest in lands underwater in accordance with an assessment of potential adverse impacts of the proposed use, structure, or facility on public interest in public lands under water. Use the following factors in assessing potential adverse impact: 1. environmental impact, The proposed 114' foot long dock structure would be susceptible to storm damage and/or ice damage due to the exposure and fetch of the waterbody. The disposal of sanitary waste onboard the vessel has not been identified. 2. values for natural resource management,public recreation, and commerce, The values the Southold Bay and environs are high. The application does not discuss potential impacts to natural resources, public recreation or commerce (including aquaculture) for the action. 3. size, character, and effect of the transfer in relation to neighboring uses, A discussion on the potential impacts of CCA treated material, bioaccumulation and the operation of a proposed vessel on aquaculture operations or benthic communities have not been provided. Aquaculture is active in Southold Bay. 4. potential for interference with navigation,public uses of waterway, and riparian rights, The proposed 114' long dock structure may impede public use of public waters along the nearshore. S, effect of the transfer of interest on the natural resources associated with the lands, The construction of a dock structure in public waters removes and or hinders the public use waters and bottomlands of where the dock structure is located. The natural resources transferred from the construction of a permanent, private dock structure would be included in the area that the dock occupies. The recreational and commercial use of these natural resources would be extinguished in some instances. 6 water-dependent nature of use, The private residential use is not water dependent, however, recreational boating requires water access (e.g.mooring, public boat ramp). A mooring is available. Moorings can be designed to mitigate harmful impacts and are temporary. Docks are permanent structures in the waterbody. 7. adverse economic impact on existing commercial enterprises, The private 114' long dock structure would remove the area occupied by the dock structure and vessel from public use. The public uses this public water body for kayaking, boating, fishing, shellfishing, swimming etc. 8, consistency with the pulali tratc u ,1,for purposes of navigation and commerce, fishing, bathing, and access to navigable waters and the need of the owners of private property to safeguard development. The proposed private, dock structure in this location would extend into public waters resulting in a net decrease in public access to public underwater lands and the nearshore area. E. Private uses, structures, or facilities on underwater lands are limited to those circumstances where ownership of the underwater lands or riparian interest has been legally validated either through proof of ownership of the underwater lands or adjacent riparian parcel, or by assignment of riparian interest by the riparian owner. 9.4 Assure public access to public trust lands and navigable waters. A. Provide free and substantially unobstructed passage along public trust shorelands. B. Ensure that interference with passage along the shoreline is limited to the minimum extent necessary to gain access from the upland to the water. E. Provide access to, and reasonable recreational use of, navigable waters and public trust lands under water. 1. Provide for free and unobstructed public use of all navigable waters below the line of mean high water for navigation, recreation, and other public trust purposes, including the incidental rights ofpublic anchoring. Private dock structures extending into public trust lands and waters obstruct public use of navigable waters and other public use in the area where the dock is located and does not meet this policy. 3. Obstruction of navigable waters and underwater lands is limited: Boat travel in coastal waters is a public right established through the commerce clause of the U.S. Constitution which gives the Congress regulatory power over navigable waters—an authority that has been delegated to the U.S. Army Corps of Engineers (USACOE). The USACOE identifies typical impacts to navigation due to small docks as: i. Extension into designated federal navigation projects or traditional navigation passages through the waterways. This impact is particularly impoitant in Peconic Estuary which contains shallow areas and narrow navigable channels. Small watercraft navigate all areas of Southold Bay including along the nearshore. ii. Federal navigation projects occur on waterways where taxpayer dollars have been invested to create or maintain a designated channel, turning basin, or anchorage. iii. There are instances where a proposed dock would not affect a designated navigable charunel or a federal navigation project, but could. adversely affect passage by paddle craft (e.g., canoes and kayaks) through traditional passageways along the shore. In some situations, a dock may force sMnall paddle craft into the dangel'OLus situation of entering a channel(or open water) Fertilized by larger, powered boats, For safety's sake, the smaller craft typically remain close to the shore--the same portion of the waterway where docks are generally proposed and constructed. iv. In some instances, the design of the dock (e.g., its height over the water or structures at the water end) may impede safe navigation by obstructing views along the waterway. Structures may obscure oncoming boat traffic or boats leaving docks and navigation aids. v. Private docks constructed too close to existing public or private docks m boat landings may impede safe navigation to, and use of, those existing facilities. Boats need room to ma.neUver ar(Aind docl<sx the amount of room necessary is dependent on tile size, configuration, and powering mechanism of the boats (i.e., size, of engine; sail versus engirte powered, etc.) Docks that are too close together may lead to difficulties in launching or landing vessels. a. to the extent that it interferes with commercial navigation. The right of commercial navigation is superior to all other uses on navigable waters and may not be obstructed. The proposed use is recreational and could hinder commercial navigation (clammers, bayman) of the area. b. to the minimum necessary for access to navigable waters. The minimum is determined by evaluating the following factors: (i) the extent of the use's dependence on access to navigable waters, The use is a private residence. Numerous facilities are available throughout Town to promote access for recreational boating. (iii) the size and nature of the body of water, Due to the size and fetch of the Southold Bay in this area, small watercraft navigate the waters close to the shoreline for safety. Docks in the bay impede this ability by forcing small watercraft to navigate around the dock structure. (iv) the nature of public use of the adjacent waters, Another consequence from private, residential docks is the potential of obstruction of navigation. For self - propelled vessels and small watercraft which use is not limited to navigation channels, docks are an impediment, often forcing these vessels to navigate around the structure or seaward of the dock line. This forced navigation restriction potentially puts the users of these vessels at risk. Similarly, dock structures limit the ability of sailing vessels to use the nearshore area by impeding the ability to navigate the nearshore area. (v) the traditional means of access used by surrounding similar uses, The traditional use of the waters included free and unobstructed access to the nearshore for commercial uses and recreation by the public (vi) whether or not alternative means to gain access are available. Piers, docking facilities, and catwalks must not result in an unnecessary interference with use of public trust lands. Alternatives to long piers or docks include use of dinghies to reach moored boats and mooring in nearby marinas. c. by extent and characteristics of the developable adjacent upland area and its ability to support in-water development for the water-dependent use. d. by potential adverse effects on natural resources and their uses, and The potential impacts to natural resources have not been discussed in the application. e. by potential adverse effects on public safety. See above comments. Alternatives to permanent, private, docks structures in Southold Bay include using public access points throughout the Town and include the mooring of boats in safe areas with a permit and docking of vessels in nearby marinas. Further the applicant has not demonstrated that the following dock standards pursuant to § 275-11. Construction and operation standards have been met not meeting policy 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction (d) Review and approval of dock applications. Before issuing a permit for a dock structure, the Trustees shall consider whether the dock will have any of the following harmful effects: [I] Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion; The proposed dock is 114' in length. Chapter 275 requires that the determination of the length of the dock must include the dimensions of the vessel. The dimensions of a vessel are not specified. [2] Whether the dock will unduly interfere with the public use of waterways for swimming, boating,fishing, shellfishing, waterskiing and other water-dependant activities; The application does not discuss the potential impediments/impacts regarding public access in public waters and adjacent uplands (beach). [3] Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; The application does not discuss the potential impacts regarding public access along the public beach. [4] Whether the dock will significantly impair the use or value of waterfront property adjacent to or near the dock; The application does not discuss the potential impacts. [S] Whether the dock will cause degradation of surface water quality and natural resources; The application does not discuss the potential impacts. [61 Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; The application does not discuss the potential impacts to the Southold Bay and Environs. [11] Whether the cumulative impacts of a residential and commercial dock will change the waterway or the environment and whether alternate design, construction, and location of the dock will minimize cumulative impacts; and The application does not discuss cumulative impacts to Southold Bay and Environs. [121 Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. The application does not assess whether adequate facilities are available to a potential vessel. 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: Damon Hagan,Assistant Town Attorney Peter Young,Chairman Town Hall.53095 Main Ted. QJ Lauren Standish, Secretary P.O. Boa 1179 Southold NY 11971 "+ Telephone(631)765-1889 ?� Fax(631)765-1823 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., July 7, 2021 the following recommendation was made: Moved by Carol Brown, seconded by John Chandler, it was RESOLVED to NOT SUPPORT the application of JOSEPH & MARY ELLEN LOGIUDICE to construct a 4'X 40' ramp onto a 4'X110' fixed dock with a 4'X 40' "L" section at end. Construct a 4'X 40' lower platform with a 5'X 4' access platform and a 4'X 16' ramp. Install three 2-pile dolphins. Provide for water and electric service. Located: 10995 North Bayview Rd., Southold. SCTM#79-5-20.14 Inspected by: John Chandler The CAC does Not Support the application because there is a concern with public lateral access, the proximity to the adjacent shellfishery, and a concern with the overall size of the docking facility and bottom coverage. Vote of Council: Ayes: All Motion Carried John M.Bredemeyer III,President ' 4 g Town Hall Annex Michael J.Domino,Vice-President "y g 54375 Main Road P.O.Box 1179 James F.King,°Trustee Southold,New York 11971-0959 Dave Bergen,Trustee Telephone(631)765-1892 Charles J.Sanders,Trustee " A Fax(631)765-6641 HOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only _Coastal Erosion Permit Application Wetland Permit Application Administrative Permit —Amendment/Transfer/Extension 1< Received Application: 6. Received Fee:$ ,?,5b,Aq ✓�µCompleted Application, �. •?.I pp E C E 9 U Incomplete —SEQRA Classification: Type I Type Il Unlisted i Coordination:(date sent) JUN 4 W 7 WRP Consistency'Ass ss, ent Form,, V7- AC Referral Sent: - 2-1 \ Date of l6spection; I TAY' � Southold Town Receipt of CAC Report: � Board f Trustees `Lead Agency Determination: Technical Review: Public Hearing Held-:_„_ m Resolution: ._ Name of AppI]jQint JOSEPH& MARY ELLEN LOGIUDICE Mailing Address 10995 N. BAYVIEW ROAD Phone Number:( ) (gym 208-2917 Suffolk County Tax Map Number: 1000 -79-5-20.14 Property Location: 10995 N. BAYVIEW ROAD, SOUTHOLD (provide LILCO Pole#, distance to cross streets,and location) AGENT:COSTELLO MARINE CONTRACTING CORP. (If applicable) Address: PO BOX 2124, GREENPORT,NY 11944 Phone:(631) 477-1199 Board of Trustees Application GENERAL.DATA Land Area(in square feet).-349,599.29_SQ. FT. Area Zoning: R-40 Previous use of property:RESIDENTIAL Intended use of property:SAME-NO USE CHANGE Covenants and Restrictions on property? Yes X No If"Yes",please provide a copy. Will this project require a Building Permit as per Town Code? Yes X No If"Yes",be advised this application will be reviewed by the Building Dept. prior to a Board of Trustee review and Elevation Plans will be required. Does this project require a variance from the Zoning Board of Appeals? Yes _ X No If"Yes",please provide copy of decision. Will this project require any demolition as per Town Code or as determined by the Building Dept.? Yes X, No Does the structure(s)on property have a valid`Certificate of Occupancy? X 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 a 4'x40' ramp onto a 41x110' fixed dock with a 4'x40' "L" section at end. Construct a 4'x40' lower latform with a 5'x4' access latform and a 4'x16' ram . Install three 2-pile dolphins.Provide for water and electric service. Bosrd df 'Trustees Appl`ication WETLAND/TRUSTEE LANDSAPPLICATION DATA Purpose of the proposed,.operations; To provide dockage for the upland property owner and their family. Area of Wetlands-on.lot: 0, square feet Percent coverage of lot:0 % Closest distance between nearest'existing structure and.upland' edge of wetlands: . 125+/- . feet Closest`distance between nearestproposed structure and upland edge of wetlands: 0 feet< Does the project involve_eXeavation or filling? If.yes,how much material will be excavated? N/A cubic yards `How much material will be filled?. N/A cubic yards. Depth of which material will be removed or deposited. N/A feet Proposed slope throughout the area of operations: N/A Manner in which material will be,removed.or deposited:N/A 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 proposed dock structure will encompass 1004-square feet of water surface. Any disturbance caused by the installation of the piling will immediately re-establish itself once construction is complete. ,_ _. 617.20 Appendix B Short En viromnental Assessment Form Instructions for ComWeting 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 1 -Project and Sponsor Information Name of Action or Project: JOSEPH&MARY ELLEN LOGIUDICE DOCK CONSTRUCTION Project Location(describe,and attach a location map): 10995 N.BAYVIEW ROAD,SOUTHOLD,NY 11971 SCTM#1000-79-5-20 14 LAT/LONG 41.02'33.86"N/-72.2344.06"W Brief Description of Proposed Action: CONSTRUCT A 4'X40'RAMP UP ONTO A 4'X110'FIXED DOCK WITH A 4'X40'"L"SECTION AT END CONSTRUCT A 4'X40'LOWER PLATFORM WITH A 5'X4'ACCESS PLATFORM AND A 4'X16'RAMP. INSTALL THREE 2-PILE DOLPHINS.PROVIDE FOR WATER AND ELECTRICAL SERVICE Name of Applicant or Sponsor: Telephone: (631)208-2917 JOSEPH&MARY ELLEN LOGIUDICE E-Mail: sales@hustlerpowerboats.com Address: 10995 N.BAYVIEW ROAD City/PO: State: Zip Code: SOUTHOLD N.Y. 11971 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 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: PERMITS ARE REQUIRED FROM ARMY CORPS OF ENGINEERS,NYSDOS,NYSDEC,SOUTHOLD TOWN W] 3.a.Total acreage of the site of the proposed action? 8 03 acres b.Total acreage to be physically disturbed? 0.0001 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 8.03 acres 4. Check all land uses that occur on,adjoining and near the proposed action. Urban ❑Rural(non-agriculture) ❑Industrial [:]Commercial ®Residential(suburban) ❑Forest E3Agriculture ®Aquatic ❑Other(specify): ❑Parkland Page I of 4 5." Is the proposed action, NO YES I N/A a.A permitted use under the zoning regulations? ❑ ❑ b.Consistent with the adopted comprehensive plan? ❑ P71 ❑ 6. Is the proposed action consistent with the predominant character of the existing built or natural NO I YES landscape? ❑ ❑✓ 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:PECONIC BAY AND ENVIRONS,REASON:PROTECT PUBLIC HEALTH,WATER. VEGETATION&SCENIC BEAUTY.AGENCY-SUFFOLK COUNTY DATE 7-12-88 ❑ ❑✓ 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES ❑✓ ❑ b.Are public transportation service(s)available at or near the site of the proposed action? W1 ❑ c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 7 ❑ 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: 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: ❑ 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: W71 ❑ OUR PROPOSAL DOES NOT INVOLVE THE PRODUCTION OF WASTEWATER. 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? 7 ❑ b.Is the proposed action located in an archeological sensitive area? ❑ 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? ❑ 0 b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ❑ Z If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: THE PROPOSED nQQK WILL RF 1004 SQUARE FFFT AND WILL BE LOCATED WITHIN SOUTHOLD BAY. 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? 7 ❑ 16. Is the project site located in the 100 year flood plain? NO YES 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?. m NO [—]YES 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: I n _ F l 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: 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: _ I I AFFIRM THAT E INFORMATION ED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY ' KNOWLEDGE l I Applicant/sponsor name: JOSEPH LOGIUDICE Date: ` F 3 Signature: Part 2-Impact Assessment. The Lead Agency is responsible fort 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?" o,or Moderate small to large impact impact may may occur occur I, 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? El El 4. Wi1I 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 enemy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: 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? El 0- 9- Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? l ! Page 3 of No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 1Z 1:1 11. Will the proposed action create a hazard to environmental resources or human health? I 'A 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 3. 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. Name of Lead Agency Date Print orJype Narqe 2 of espons UM, le Officer in Lead Agency Title of Responsible Officer A2 __ -%-�ignaturc-'6)fResponsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) PRINT Page 4 of 4 Board ,o'f Trustees Application i County of Suffolk State of New York JOSEPH LOGIUDICE BEING DULY 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 FORTH IN THIS APPLICATION AND AS MAY BE APPROVED,BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO:HOLD THE TOWN OF SOUTHOLD AND THE BOARD OF TRUSTEES HARMLESS AND FREE FROM ANY AND_ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S),IF GRANTED. IN COMPLETING THISAPPLICATION,I HEREBY AUTHORIZE THE TRUSTEES,THEIR AGENT(S)OR REPRESENTATIVES,INCLUDING THE CONSERVATION ADVISORY COUNCIL,TO ENTER ONTO MY PROPERTY TO INSPECT THE-PREMISES IN CONJUNCTION WITH THIS APPLICATION,- INLUDING A FINAL INSPECTION. I FURTHER AUTHORIZE THE BOARD OF TRUSTEES'TO ENTER ONTO MY PROPERTY'AND AS REQUIRED TO INSURE COMPLIANCE°WITH-ANY CONDITION OF ANY WETLAND OR COASTAL ; EROSION PERMIT ISSUED BY THE BOARD OF TRUSTEES DURINGTHE TERM OF THE PERMIT. ignature of Property Owner J SWORN TO BEFORE ME'' _ / DAY`OF ( "_` ,20� ULANDER A. RAMESAR NOTARY PUBLIC-STATE OF NEW YORK Notary Public No.01 RA6170647 Qualified in Suffolk County V. -21-2023 My Commission Expires 08 3 APPLICANT/ACENT/REI PRESENTATIVE TRANSACTIONAL DISCLOSURE FORM r confl cts bfinte "sto the o ec 's.f" vide in"or a w•`lcli ca "1' t `u i >`'cam i : n , yr take ion is necessary to avoid same. - E YOUR NAM : dOSEPH LOGIUDICE (Last name,first na %jpiddle inidal,-unless you are applyiniitt the name of someone else or other entity,such as a company.If so,indicate the other ; person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Trustee Variance, ✓'. _ __ Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map _ : planning ?. Other (If"Other',name the activity.), Do yotr persortall+'(tir iltrou fur'ccsi�tPurr�',-spouite;, ihli grinronf orxhild)hav6la relationship with Any ofiicer,or"employee ' of the Town of Soythald?,4€ eltitionship"idaludes by 61on tr�arri3tg ,or busincss,interest,."Iltt mess interest means a business, including n purtners*;,in,w6icli the tpsvn fir 6eropdmployco'.haseven a=partia'('owner lii(i o"t(or employment liy u ccirfwration in which did toivn;bfl'icaC.ar employee awns anoro;thpn'�!3�cif the shires: 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 t Describe the relationship between yourself(the applicaat(agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or,describe in the space provided. 3 The town officer or employee or his or her spouse,sibling,parent,or-child is(check all that apply): �+ N/A A)the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); N/A B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation); r N/A C)an officer,director,partner,or employee of the applicant;or ; N/A D)the actual applicant. n _ i DESCRIPTION OF RELATIONSHIP = r , _ 6� W '1 Submitted this 6V A da of 200 PrintNarn SE LOGIUDICE P" Form TS i 0 o Board- Of Trustees Application County of Suffolk State of New York MARY ELLEN LOGIUDICE, _ __ BEING DULY SWORN DEPOSES ANIJ AFFIRMS THATHE/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 FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE,APPLICANT AGREES TO'HOLD THE TOWN OF SOUTHOLD AND THE BOARD OF 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,INCLUDING THE CONSERVATION ADVISORY COUNCIL,TO ENTER ONTO MY PROPERTY TO - INSPECT THE PREMISES IN CONJUNCTION WITH THIS APPLICATION, INLUDING A FINAL,INSPECTION. 1,FURTHER AUTHORIZE THE BOARD OF TRUSTEES TO ENTER ONTO MY PROPERTY AND AS REQUIRED TO INSURE COMPLIANCE WITH ANY CONDITION OF ANY WETLAND OR COASTAL EROSION PERMITISSUED BY THE BOARD'OF,TRUSTEES DURING THE TERM OF THE PERMIT.` 'S' ature of Pr'operty'Owner SWORN TO BEFORE ME THIS' DAY OF- 20 2 1 ULANDER A. RAMESAR NOTARY PUBLIC-STATE OF NEW YORK 'Notary Public. No.01 RA61 70sa7 oualified in Suffolk County My Commission Expires 08-21-2023 0 ' < K e } APPLICANT/AGENUREPRESENTATI'VE TRANSACTIONAL DISCLOSURE,FORM I` e n 7 f i i • 'b' con `c' offt., on>t a t ti o e t i in Otts ch callyalorittiond=at t'o tever tib[1 is necessary to avoid same. i YOUR NAME: MARY ELLEN LOGIUDICE (Last name,first name,.piddle initial,unless you are'applying iri,the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) " NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Y Variance Trustee -� Change of Zone Coastal Erosion , Approval of plat Mooring Exemption from plat or official map Planning Other (if"Other',name the activity.) Do you personally(or through YOW camp y,'sWuse;sjb)i*�p nt,or child)haveE n folwionship with any officer or,employee of the 1 n vn of�uoufhnid7 "ltetutionship"iuc;udes.by blood,igarriage'-or business`interest."business into rest"means a business, including n pai lne ltip,•En:kvhicli ilte.towtt c5f cer.,pr'�tnployee`ittts even a.par at ui+n&sliip of(oretnpl iymont by)a dtirpordkion in which'tlte to`WWof cer,ar empliryee;awns tnore;thnn. '!t�c+fthe stiares; t', YES NO - If you answered"YES",complete the balance of this form and date and sign where indicated. 1. Name of person employed by the Town of Southold" Title or position of that person I= Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check !, the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all thatapply): N/A A)the owner of greater than S%of the shares of the corporate stock of the applicant (when the applicant is a corporation); N/A B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation); i N/A C)an officer,director,partnei,or employee of the applicant;or N/A D)the actual applicant. DESCRIPTION OF RELATIONSHIP i i Submitted this Aq of 20 5igntiture r" Print Name A ELLENLOGIUDICE Form TS 1 �li'�p�I�OI•IRiI�01YYiifalRi.YiI1 Mle.v—�i•� • It To: Southold Town Trustees New York State Deparhment ofEnvirownentaI,Conservation New York State Deparhment of State , Army,Corp-s'of Engineers,. 4 AUTHORIZATION• The undersigned, as owner of property located at 1,0995 N.Bayview Road, Southold,NY 11974•SCTM-#10004975-20.14,here-by authorizes Costello Marine Contracting Corp. to act as agent to process all permit applications needed to construct a dock at my property. Dated: Sign.Here: d-v , 414,_& Printed N e: Joseph Lo igiudice SWORN TO BEFORE ME THIS DAY OF �l 20 ULANDER A. RAMESAR NOTARY PUBLIC-STATE OF NEW YORK No.01RA6170647 Notary Public Signature Qualified in Suffolk County My Commission Expires 08-21-2023 • • ! i of4 ostellofftaripe,cojii. �1 To: Sppth' old,Town Trustees New York State Department of Environmental Conservation New York State.Department of State Army:Corps of Engineers AUTHORIZATION The undersigned, as owner of property.located at 10995-N. Bayview Road, Southold,NY 11974 SCTM,#1000-79-5-20.14;here by authorizes Costello Marine Contracting Corp. to act as agent to,process all permit applications needed to construct a dock at my property. A Dated: 122 Sign:Here:'- - Printed Name: Mary Ellen Lo iudice SWORN TO BEFORE ME THIS DAY OF 20 J-j WY Notary ublic Signature SLANDER A—RAMESAR NOTARY PUBLIC-STATE OF NEW YORK NO-01RA6170647 ouallfled In Suffolk County MY Commisslon Expires 08-21-2023 COSTELLO, • • 0 t ° e APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : COSTELLO MARINE CONTRACTING CORP. (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit X Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Caroline Burehardt Title or position of that person Permit Assistant Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) l3)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) X C)an officer,director,partner,or(mploye of the AGENT or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day 20 Signature Print Name J e Costello for Costello Marine Contracting Corp. Glenn Goldsmith,President 0 StFFO(A, CMG Town Hall Annex A.Nicholas Krupski,Vice President � 54375 Route 25 John M.Bredemeyer III z = P.O.Box 1179 Michael J.Domino Southold,NY 11971 Greg Williams y ® p� Telephone(631)765-1892 Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD June 23, 2021 Costello Marine Contracting Corp. P.O. Box 2124 Greenport, NY 11944 Re: Board of Trustees Application of Joseph & Mary Ellen Logiudice 10995 North Bayview Road, Southold SCTM# 1000-79-5-20.14 To Whom It May Concern: You are receiving this letter as notice that, in accordance'with the Governor's Executive Orders, this application is now scheduled to be heard by the Southold Town Board of Trustees via,a combination of an in-person meeting and videoconferencing on Wednesday, July 14, 2021 beginning at 5:30 P.M. Please continue to-check the Town's.web site-as the meeting date approaches for the latest meeting agenda and videoconferencing information. Enclosed is an informational notice regarding the videoconferencing meeting and how to access the online meeting. Please mail a copy of the informational notice along with all other required paperwork to each of the adjacent property owners. Please keep a copy of said informational notice for your records so that you can access the meeting in order to have a conversation with the Board during your application review. Very Truly Yours, Glenn Goldsmith, President Board of Trustees fr 1 Glenn Goldsmith,President Town Hall Annex A.Nicholas Krupski, Vice Presidentr� y� 54375 Route 25 John M. Bredemeyer III y ,? P.O.Box 1179 Michael J.Domino �y !� Southold,NY 11971 Greg Williams '�0� �`a�� Telephone(631)765-1892 Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD WORK SESSION & PUBLIC HEARINGS WEDNESDAY, JULY 14, 2021 5:00PM & 5:30PM A Regular Work Session and Public Board Hearings of the SOUTHOLD TOWN BOARD-OF TRUSTEES will be held on Wednesday, July 14, 2021 with the Work Session beginning at 5:OOPM and Public Hearings beginning at 5:30PM. The,public is invited to attend the meetings either in person or virtually via the Zoom online platform. Masks are still required for members of the public who are not fully vaccinated. Written comments may also be submitted via email to the Trustees Clerks at elizabethc@southoldtownny.gov and diane.disalvo@town.southold.ny.us. Said comments will be-Considered at the public hearing'provided that they are submitted no later than 12:00 P.M. (Prevailing Time) on the day of the public hearing. The public will have access to view and listen to the meeting as it is happening via Zoom. If you do not have access to a computer or smartphone, there is an option to listen in via telephone. Further details about how to tune in to the meeting are on the Town's website at https:///www.southoldtownnygov/calendar/calendar or call the Board of Trustees office at (631) 765-1892 Monday through Friday between the hours of 8:OOAM —4:OOPM. Options for public attendance: • Online at the website zoom.us, click on "join a meeting" and enter the information below. Zoom Meeting ID: 992 1021 2887 Password: 427007 • Telephone: Call 1(646) 558-8656 Enter Meeting ID and Password when prompted (same as above). In order to "request to speak" when the application you are interested in has begun, please press *9 on your phone and wait for someone to acknowledge your request. When prompted to unmute your phone press *6. To view the application files please visit: https:/https://www.southoldtownnVgov At the bottom of the picture on the main screen click on the second button from the right "Town Records, Weblink/Laserfiche"; go to bottom of page and click on "pg. 2"; click on "Trustees" folder; click on "Applications"; click on "Pending"; all files are listed by name in alphabetical order. Click on the name of the application to view the file. � s I Glenn Goldsmith,President ' f 0(,f- `COG Town Hall Annex A.Nicholas Krupski,Vice President y� J 54375 Route 25 _ohn M.Bredemeyer III co z P.O.Box 1179 Michael J.Domino 0 ® Southold,NY 11971 Greg Williams 'y p! Telephone(631)765-1892 dot Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BE ADVISED — AS PER CHAPTER 55 NOTICE OF PUBLIC HEARINGS Failure to submit the following originals to this office by or no later than 12:OOPM the day prior to the scheduled Public Hearing for your application will result in a postponement of said application. This office WILL NOT contact you to request said information: • All original white & green certified return receipt mail receipts stamped by U.S.P.S. • Completed original Proof of Mailing Form Failure to submit the following originals to this office by or no later than 12:OOPM the day of-the scheduled Public Hearing for your application will result in a postponement of said application: Original Affidavit of Posting form — DO NOT COMPLETE SAID FORM UNTIL THE GREEN SIGN HAS BEEN IN PLACE ON THE PROPERTY FOR.AT LEAST SEVEN (7) FULL DAYS. Sign the form on the eighth day that the green notice of hearing sign has been up on said premises. All green signature cards related to said application that were returned to your office should be either dropped off in our "Trustee drop box" or mailed into our office whenever they are received. These cards are not required prior to the Public Hearing, unless specifically requested for by this office. This specific requirement is subject to change. Board of Trustees Appli,' :ion _ 4 N PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS APPLICATION NAM-= ,' NAME: a: . . _ _._ l -as -- ao. is ao , -STATE,OF NEW YOR 4 ; :-COUTNY�OF SUFFOLK residing at ,being duly sworn,,deposes and-says that on the day of , 20 , deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite 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 located at that said Notices were mailed to each of said persons by CERTIFIED MAIL/RETURN RECEIPT. Signature Swom to before me this Day of , 20 Notary Public NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: Joseph and Mary Ellen Logiudice SCTM#1000-79-5-20.14 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: CONSTRUCT A 4'X40'RAMP UP ONTO A 4'X110'FIXED DOCK WITH A 4'X40'"L"SECTION AT END. CONSTRUCT A 4'X40' LOWER PLATFORM WITH A 5'X4'ACCESS PLATFORM AND A 4'X16'RAMP. INSTALL THREE 2-PILE DOLPHINS. PROVIDE FOR WATER AND ELECTRICAL SERVICE. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 10995 North Bayview Road Southold 11971 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 July 14,2021 on or about 5:30pm. 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. PROPERTY OWNERS NAME: Joseph and Mary Ellen Logudice MAILING ADDRESS: 19295 North Bayviiew Road, Southold N.Y. 11971 PHONE #: AGENT: Costello Marine Contracting Corp. MAILING ADDRESS: P.O.Box 2124, Greennorta NY 11944 PHONE#:(6311 77-1199 Enc: Copy of sketch or plan showing proposal for your convenience. I LL�G2z-, Glenn Goldsmith, President r0 S FFt1(�C Town Hall Annex A.Nicholas Krupski,Vice President 54375 Route 25 John M. Bredemeyer III y ��� P.O.Box 1179 Michael J.Dominooy , ' Southold,NY 11971 Greg Williams ��o�l Telephone(631)765-1892 Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD WORK SESSION & PUBLIC HEARINGS WEDNESDAY, JULY 14, 2021 5:OOPM & 5:30PM A Regular Work Session and Public Board Hearings of the SOUTHOLD TOWN BOARD-OF TRUSTEES will be held on Wednesday, July 14, 2021 with the Work Session beginning at 5:OOPM and Public Hearings beginning at 5:30PM. The public is invited to attend the meetings either in person or virtually via the Zoom online platform. Masks are still required for members of the public who are not fully vaccinated. Written comments may also be submitted via email to the Trustees Clerks at elizabethc@southoldtownny.gov and diane.disalvo@town.southold.ny.us. Said comments will be considered at the public hearing provided that they are submitted no later than,12:00 P.M. (Prevailing Time) on the day of the public hearing. The public will have access to view and listen to the meeting as it is happening via Zoom. If you do not have access to a computer or smartphone, there is an option to listen in via telephone. Further details about how to tune in to the meeting are on the Town's website at https://www.southoldtownny.gov/calendar or call the Board of Trustees office at (631) 765-1892 Monday through Friday between the hours of 8:OOAM —4:OOPM. Options for public attendance: • Online at the website zoom.us, click on "join a meeting" and enter the information below. Zoom Meeting ID: 992 1021 2887 Password: 427007 • Telephone: Call 1(646) 558-8656 Enter Meeting ID and Password when prompted (same as above). In order to "request to speak" when the application you are interested in has begun, please press *9 on your phone and wait for someone to acknowledge your request. When prompted to unmute your phone press *6. To view the application files please visit: https://www.southoldtownny.gov At the bottom of the picture on the main screen click on the second button from the right "Town Records, Weblink/Laserfiche"; go to bottom of page and click on "pg. 2"; click on "Trustees" folder; click on "Applications"; click on "Pending"; all files are listed by name in alphabetical order. Click on the name of the application to view the file. f � N PROJECT LOCATION 41002' 50" N 72023' 34" W -- fu� �- d�\�_�:1..4�'��„ '✓'_ 4t2 .�.:.i%r`.r�Y I PARISH -,-a ':��H�.��s�,tea'�, ,•r,. I ray 0 �€`�,••,., Y,x E DR Ica ' AR`�p ! 2 �a� �' j Elf D ON o SHORES N A MEW ROAD 1"ww� EXT N 8A1'Ul 1N RDZug ��rr. �'�'< v_ VICINITY MAP APPLICANT:JOSEPH MARY ELLEN LOGIUDICE ADDRESS: 10995 N. BAYVIEW ROAD SOUTHOLD, NY 1 1971 PREPARED BY: DM JOB SITE: 10995 N. BAYVIEW ROAD COSTELLO MARINE CONTRACTING CORP. SOUTHOLD, NY 11571 P.O BOX 2 124, GREENPORT, N.Y. 1 1944 SCTM: #1000-79-5-20. 14 (G3 I)477-1 199 (SHEET l of G) DATE: 04/13/2 1 � 2 PROJECT LOCATION ,, 41002' 50" N 72023' 34" W Tf9 xf3 ADJACENT PROPERTY OWNERS QI DANIEL SCOTTO *JANICE CURRY 20.10 20-9 1 1045 N. BAYVIEW ROAD 1.8A 2°OA SOUTHOLD, NY 1 1971 (1 1045 N. BAYVIEW ROAD) 5 SCTM #1000-79-5-19 �f Q TOWN OF SOUTHOLDs P.O. BOX 1 179 SOUTHOLD, NY 1 1971 (BAYVIEW ROAD) SCTM #1000-79-5-20. 1 5 p 24?.8 Q3 PECONIC LAND TRUST 2p.12211 22A P.O.BOX 177G SOUTHAMPTON, NY 119G9 (10273 N. BAYVIEW ROAD) SCTM #1000-79-5-20. 1 2 (;) t+} s, ® LORRAINE M. $ CLIFFORD C. CORNELL, JR. 1094G N. BAYVIEW ROAD SOUTHOLD, NY 1 1971 (I 094G N. BAYVIEW ROAD) qy SCTM #1000-79-5-20.8 (5) CLIFFORD * RUTH CORNELL ° P.O. BOX 910 SOUTHOLD, NY 1 1971 O(1094(5 N. BAYVIEW ROAD) 4 SCTM #1000-79-5-20.9 © ALLAN * ELLEN WEXLER 305 W. 20TH STREET NEW YORK, NY 1001 1 (10950 N. BAYVIEW ROAD) SCTM #1000:79-8-18.3 20.15 1 G- o a Q THOMAS * MICHELLE HART TOWN OF 5OUTHOLD 136 11000 N. BAYVIEW ROAD SOUTHOLD, NY 1 1971 (I 1000 N. BAYVIEW ROAD) SCTM #1000-79-8-19 21 1Q y .OA(c) 28g � ACCESS: © ti • BY WATER VIA BARGE AND BY LAND —_ THROUGH APPLICANTS PROPERTY. APPLICANT:JOSEPH MAKY ELLEN LOGIUDICE LOCATION MAP ADDRESS: 10995 N. BAYVIEW ROAD SOUTHOLD, NY 1 1971 PREPARED BY: DM JOB SITE: 10995 N. BAYVIEW ROAD C05TELLO MARINE CONTRACTING CORP. 0 200' SOUTHOLD, NY 1 1971 P.O BOX 2124, GREENPORT, N.Y. I 1944 SCTM: #1000-79-5-20. 14 (G3 I)477-1 199 (SHEET 2 of G) DATE: 04/13/21 ` 3 PROPOSED CONSTRUCT A 4'X40' RAMP UP ONTO A 4'X 110' FIXED DOCK WITH A 4'X40' "L" SECTION AT END. CONSTRUCT A 4'X40' LOWER PLATFORM WITH A 5'X4' ACCESS PLATFORM AND A 4'X I G' RAMP. INSTALL THREE 2-PILE DOLPHINS. PROVIDE FOR WATER AND ELECTRICAL SERVICE, MATERIALS PILING: 10" DIAMETER CCA TREATED STRINGERS: G"X8" CCA TREATED LUMBER CAPS: G"X8" CCA TREATED LUMBER DECKING: 5/4"XG" TROPICAL HARDWOOD TOE-RAIL: 4"X4" TROPICAL HARDWOOD HARDWARE: HOT DIPPED GALVANIZED WITH STAINLESS STEEL DECK FASTENERS. APPLICANT:JOSEPH � MARY ELLEN LOGIUDICE ADDRESS: 10935 N. BAYVIEW ROAD SOUTHOLD, NY 1 1971 PREPARED BY: DM JOB SITE: 10995 N. 13AYVIEW ROAD COSTELLO MARINE CONTRACTING CORP. SOUTHOLD, NY 11971 P.0 BOX 2124, GREENPOKT, N.Y. 1 1944 SCTM: #1000-79-5-20. 14 (G31)477-1 199 (SHEET 3 of G) DATE: 04/13/21 /J f PN Call, L 1 G��E Rv N co cs� 1212.18 •,� -��� oar` PNO N I GpRNE��' JR ,mN � � rtJ1 GL �� Meg m u 00 ,- N 4r 56, F dF s� 1 co 140,0 s o 6° crn �� 51 0� \ P o N I �Rv ,.,.+ I •. FRt� o0 PEGO�\\G oo"^ a�pg95 , SSPN \ oM�� a 885 5�, pF PAP MPNP x� 'B�zh F R 516°50 S2 2.83'`� o o 22 \ S6 3�6 S�Ar I1911�35 LPNNJPN\GE \ ov 'J)Q Atj SITE APPLICANT:JOSEPH MARY ELLEN LOGIUDICE ADDRESS: 10995 N. BAYVIEW ROAD SOUTH PREPARED BY: DM 0 100' JOB SITE: 0995 ON. BAYVIEW ROAD COSTELLO MARINE CONTRACTING CORP. SOUTHOLD, NY 1 1971 P.0 BOX 2124, GPEENPORT, N.Y. 1 1944 SCTM: #1 000-79-5-20. 14 (G3 I)477-1 105 (SHEET 4 of G) DATE: 04/13/2 I PROPOSED: CONSTRUCT A 4'X40' RAMP UP ONTO A 4'X 110' -5.2 FIXED DOCK WITH A 4'X40' "L" SECTION AT END. . 1 -5. I 4'X40' "L" SECTION -5. 1 CONSTRUCT A 4'X40' LOWER PLATFORM WITH A-5.0 _4 9 FIXED DOCK 5. I -5 O 5'X4' ACCESS PLATFORM AND A 4'X I G' RAMP. -5 0 40 INSTALL THREE 2-PILE DOLPHINS. PROVIDE FOR -4, 0 -5•0 -5.0 WATER AND CTRICCAL SERVICE. ® -4.9 - -5.0 G -4 8 -4.3 -4.4 G5'-G2' -4.7 -4.7 -4.8 -4.G -4.3 (3) 2 PILING 30' 4O -4'3 DOLPHINS -4.G 6 -4.7 -4.4 -4.3 -4.4 I -4.4 4'X40' LOWER -4.5 -4.2 PLATFORM -4. 1 -4.0 -4.3 30 -4.2 8 -4.4 -4. 1 30' _ G -3.7 4.0 -4.2 � 4.0 4'X 16' -4.47a'-C"' -4.0 -3.5 -4.0 1G' -3.9 -3.9 -3.7 -3.9110' -3.8 RAMP -3.7 103'-8" -4.2 -3.7 -3.5 ---1- -3.6 4,X5, -4.0 -3.5 -3.7 -3.G CCESS -3-9 -3.5 - N_3 3 -3.5 PLATFO -3.7 103'-3" -3.G -3.0.0 _3 1 -3.2 -3.3' 1 -3.5 -3.3 -2.4 -2.G -2.8 -3.2 -3. 1 - 4'X 110' -2.8 -07 -1. -18 _I.G FIXED DOCK -2.2 -2.5 _I I -0.9 .0 -I.G -1 .G -0.3 -0.5 -0.2 0.3 -1.0 -1.0 .3 ---0.3, _ MLW 0.5_0.4 0.4 -0.4 1.4 1 .2 1.8 4'X40"0.5 -_ - 4 -�.-7.- _ MHW 2.5 2 4- 40- 1 RAMP UP 1 .3 -'10.5 � 1 .G SHW 2.9 - 2-3 2.0 57GO 13 29" 86' co 'T. co 4-8---------- E I G _ WETLANDS 5.2 5!: ';2�:�&'•' -•`f;r I� O u� r .f BEA G.9 - - ---------7. - 4.2 O 7.0 G.G zty:: x, �t.-5 7- - - - - 6•- WOE SLQPE p/ - - -� •- 7OP L _ 7.7 7.3 S OPE _ r rmON. Y -- TOP OF BLUFF ----------- MON 1 EXISTING WOODEN ; STAIRS TO BEACH PLAN APPLICANT:JOSEPH MARY ELLEN LOGIUDICE ADDRESS: 10095 N. 13AYVIEW ROAD SOUTHOLD, NY 1 1971 PREPARED BY: DM 0 30 JOB SITE. 10995 N. 13AYVIEW ROAD COSTELLO MARINE CONTRACTING CORP. SOUTHOLD, NY 1 1971 P.0 BOX 2 124, GREENPOKT, N.Y. 1 1944 SCTM: #1000-79-5-20. 14 (G31)477-1 1 99 (DM) (SHEET 5 of G) DATE: 04/13/21 r ; -4 4' 10"0 PILES 7 5/4"xG"TROPICAL 36" HARDWOOD DECK GNU'STRINGERS ELEV. 5'.0"+/- G"x8"CAPS MHW+2.9' MHW+2.5' MLW 0.0 BOTTOM VARIES 14' PENETRATION APPLICANT:JO5EPH � MARY ELLEN LOGIUDICE DETAIL VIEW ADDRESS: I0995 N. 13AYVIEW ROAD SOUTHOLD, NY 1 1971 PREPARED BY: DM JOB SITE: 10995 N. 13AYVIEW ROAD C05TELLO MARINE CONTRACTING CORP. SOUTHOLD, NY 1 1971 P.0 BOX 2124, GREENPORT, N.Y. 1 1944 SCTM: #1000-79-5-20. 14 (G3 1)477-1 199 (DM) (SHEET G of G) DATE: 04/13/2 1 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name; Address: Daniel Scotto&Janice Curry 11045 N.Bayvlew Road SCTM#1000-79-5-19 Southold,NY 11971 Town of Southold P.O.Boa 1179 SCTM#1000-79.&20.15 Southold,NY 11971 Peconic Land Trust P.O.Boa 1776 SCTM#1000.79-5-20.12 Southampton,NY 11%9 Lorraine M.&Clifford C.Cornell,Jr. 10946 N.Buyview Road SCTM#1000-79-5-20.8 Southold,NY 11971 Clifford&Ruth Cornell P.O.Boa 910 SCTM#1000-79-5.20.9 Southold,NY 11971 Allan&Ellen Wexler 305 W.20th Street SCTM#1000.79-8-18.3 New York,NY 10011 Thomas&M chelle Hart 11000 N.Bayview Road SCTM#100(l679.8-19 Southold,NY 11971 Jumal Manassah&Eleanor Kerester 55 E.87th Street,#15G SCTM#1000-81-1-25 New York,NY 10128 STATE OF NEW YORK COUNTY OF SUFFOLK Caroline Burghardt ,residing at Costello Marine Contracting Corp. . PO Box 2124,Greenport,NY 11944 , being duly sworn, deposes and says that on the 2nd day of July , 20 21 ,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 Greenuort(11944) ,that said Notices were mailed to each of said persons by CERTIFIED MAIL/RETURN RECEIPT. Sworn to before me this C9/-A- Day of--t)/q 20_r *Notary Public erE'STEv Notaty Public-•State of'gew York NO.01ST6269424 Qualified in Suffolk Count Commission l;Xpites q-�2 a Client:Joseph&Mary Ellen LoGiudice Job Site Address: 10995 N. Bayview Rd Southold Date: 7/2/2021 CERTIFIED MAIL RECEIPTS - , a U.S. Postal Service"" U.S. Postal Service"m CERTIFIED MAIV RECEIPT o . Domestic Mail Only CERTIFIED, MAIL ru Domestic Mail Only M For delivery information,visit our website:at www.usps.com". rq 0 F F C r Certified Mail Fee r Certi ied Mail Fee Extra Services&Fees(checkbox,add fee as appropriate) $ Q ❑Return Receipt(hardcopy) $ J�t �� Extra Services&Fees(check box,add fee as appropriate) ❑Return Receipt(electronic) $ �.' Postmark i �, ❑Return Receipt(hardcopy) $ Rt�� 0 ❑Return Receipt(electronic) $ t Rom.+ Postmark p ❑Certified Mall Restricted Delivery $ O Here �}Vlr l 0 ❑Adult Signature Required $ 4. ✓ []Certified Mall Restricted Delivery $ F{Q{q,. QQ ,L 00 Q ❑Adult Signature Required $ (( (� llri (,)p O []Adult Signature Restricted Delivery$ \\�� ❑Adult Signature Restricted Delivery$ I�' l 0 Postage J p Postage aTatar - -- - -- $ I � o Jarnal Manassah&Eleanor Kerester II f r- 55 E. 87th Street,#15G o Daniel Scotto&Janice Curry j---- --- New York, NY 10128 ---------------- �, 11045 N. Bayview Road I -------------- J Southold, NY 11971U..S..Postal Service" U J ' . ■ , O RECEIPT CERTIFIED 5 cc MAIL O RECEIPT i Domestic Mait Only m Domestic m m N Certified Mail Fee 1 ! Q Q` r Certified Mail Fee ct O $ S Extra Services&Fees(check box,add fee as appropriate) F_+ .9 0 $ �� ! `` ❑Return Receipt Feesrdc(ch) $ I 0� i`0 Extra Services&Fees(check box,add fee as appropriate) �+opy R t'p ❑Return Receipt(hardcopy) $ i O 3 ❑Return Receipt(electronic) $ U POSt`n�rk E-3 ❑ ft Certified Mall Restricted Delivery $ {b, Flare r• [IReturnReceipt(electronic) $ l Postmark ``� Q ❑Certified Mall Restricted Delivery $ ❑Adult Signature Required $ t,.'�i U 14\\ , O El Adult Signature Required $ I I L 0 Postage [:]Adult Signature Restricted Delivery$ ��� ,`�C O ❑Adult Signature Restricted Delivery$�� ' Co v -Postage O $ `.� r3 \� To. — — O $ $ ,M Allan&Ellen Wexler -------------- o Town of Southold i ____:____ 305 W. 20th Street r` P.O. Box 1179 - New York, NY 10011 Southold, NY 11971 ---------- I , I j Prepared by: Costello Marine Contracting Corp. 423 5th Street, PO Box 2124,Greenport,NY 11944 (631)477,1199 Phone (631)477-0005 Fax i Client:Joseph&Mary Ellen LoGiudice Job Site Address: 10995 N. Bayview Rd Southold Date: 7/2/2021 CERTIFIED MAIL RECEIPTS ■ • TM Postal CERTIFIEG MAIL@ RECEIPT�- !! C I ERTIFIED MAILP Domestic Mail Owk ? ftI D. Only m � M For delivery rmation,visit our Certified MFeeIJ ' r F, E C � /A L •E O $ i N y I r`- Certified Mail Fee `', / 9 Extra Services&Fees(checkbar,add fee as appropriate) CO, $ / r= ❑Return Receipt(hardcopy) $ Extra Services&Fees(check box,add fee as appropriate) /"` QQ ❑Return Receipt(electronic) $ t-I-; PC 'St ra ❑Return Receipt(hardcop� $ �� 10 0 ❑Certified Mail Restricted Delivery $ I IL ��L —Here:U2 I I ❑Return Receipt(electronic) $ P(�'S1tk co )-3 [I Adult Signature Required $ p ❑Certified Mall Restricted Delivery $ /F�tire - ❑Aduh Signature Restricted Delivery$ to� { p ❑Adult Signature Required � Postage ^,,,� ❑Adult Signature Restricted Delivery$ O O J f I Postage J C3 $ — �� I C3 r—1 1 ` M $ $ i r-q sE 1 C3 sa , Lorraine M. &Clifford C. Cornell, Jr. L-------------- l a Thomas &Michelle Hart ________ ------- r` 10946 N. Bayview Road N ` 11000 N. Bayview Road cr •-------------- Southold, NY 11971 z Southold, NY 11971 ---------------- S. _ I TrA P• Postal r-q CERTIFIED p RECEIPT ru , tJ RECEIPT N Domestic Only Domestic Only, m m Certified Mail Fee r- Certified Mail Fee I O $ <<t��' 0 $ Edra Services&Fees(check box,add fee as appropriate) Extra Services&Fees(check box,add fee as appropriate) 4L y t'� ❑Return Receipt(hardcopY) $ /�� )?� rq ❑Return Receipt(hardcopY) $ r ti 1 )3 ❑Return Receipt(electmnic) $ /f P „rr�r� �g C3 ❑Return Receipt(electronic) $ p Po 0 ❑Certifled Mall Restricted Delivery $ e gt � 1_-3 []Certified Mall Restricted Delivery $ He a L\ r O ❑Adult Signature Required $_ I L �` O ❑Adult Signature Required $ J��,,, i ACb ❑Adult Signature Restricted Delivery$ t S ❑Adult Signature Restricted Delivery$ 0 Postage ytJ OO Postage $ $ a s r Peconic Land Trust C Clifford& Ruth Cornell I--------------- C3 3 296 Hampton Road P.O. Box 910 --------------- Southampton, NY 11968 ---------------- Southold, NY 11971 Prepared by: Costello Marine Contracting Corp. 423 5th Street, PO Box 2124,Greenport,NY 11944 (631)477-1199 Phone (631)477-0005 Fax max. Glenn Goldsmith, President 41,44P QtFF©( Town Hall Annex A.Nicholas Krupski,Vice President ��, 54375 Route 25 John M.Bredemeyer III y P.O.Box 1179 20 Michael J.Domino ''y Southold,NY 11971 Greg Williams ' pl.ry Telephone(631)765-1892 col Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD --------------------------------------------------------------- In the Matter of the Application of JOSEPH & MARY ELLEN LOGIUDICE COUNTY OF SUFFOLK STATE OF NEW YORK AFFIDAVIT OF POSTING DO NOT COMPLETE THIS FORM UNTIL AFTER POSTING REMAINS IN PLACE FOR AT LEAST SEVEN DAYS PRIOR TO THE PUBLIC HEARING DATE I,WQI 1 M&- , residing at/dba Ooski to Uan AQ N&ad& wro P0 ez 212l . 01,V11010o . K being duly sworn, depose and say: That on the 2-ndday of J V I� , 20 V , I personally posted the property known as n J cCNA6ld by placing the Board of Trustees official noticing poster where it can easily be seen from the street, and that I have checked to be sure the noticing poster has remained in place for a full seven days immediately preceding the date of the public hearing. Date of hearing noted thereon to be held Wednesday, July 14, 2021. Dated: (signature) Sworn to before me this 9)'4 day ofTt 209/ LYNN E STEVENS rc> Notary Public-State of New York otar Public NO.OIST6269424 Qualified in Suffolk C Commission Expires�_ I MAN' • . g Ire It _ _tea y �.. 9t'"P• `�1� � ''�t31:�. .. 4.1 •,R, NOTICEOF }teto..,Platform with.S'.4' '-If'mt�nd a r �. rwoow t+'k • `VF. .' II I III `�~� .yo 1992 Ir •�. t ll .. i : o :T' 6 p y4 lowti: .a o Client:Joseph&Mary Ellen LoGiudice Job Site Address: 10995 N. Bayview Rd Southold Date: 7/2/2021 NOTICE OF HEARING POSTING PHOTOGRAPHS x w j 1 �� r � s _ •s .., N - m , /••.s 6_ •� :�.� '� ,i 3 i er�� �•��`- {. .. -+mot"�..�. Ili �h c. M i[ _ �rd�t Prepared by: Costello Marine Contracting Corp. 423 5th Street, PO Box 2124, Greenport,NY 11944 (631)477.1199 Phone (631)477.0005 Fax NOTICE F HEARING NOTICE IS HEREBY GIVEN that a Public Hearing concerning this property will be held by the Southold Town Board of Trustees both in-person and via the online Zoom platform. OWNER(S) OF RECORD: JOSEPH & MARY ELLEN LOGIUDICE SUBJECT OF PUBLIC HEARING: For a Wetland Permit to construct a 4'x40' landward ramp onto a 4'x110' fixed dock with a 4'x40' "L" section at seaward end; construct a 4'x40' lower platform with a 5'x4' access platform and a 4'x16' ramp; install three (3) two-pile dolphins; and proved water and electrical service to dock. Located: 10995 North Bayview Road, Southold. SCTM# 1000-79-5-20.14 TIME & DATE OF PUBLIC HEARING: Wednesday, July 14, 2021 — at or about 5:30P.M. — Either in person or via Zoom. To access the Zoom meeting please see the meeting agenda located in the Trustees section of the Town website. If you have an interest in this project, you are invited to view the Town file(s) through the Southold Town website. To view the application files please visit: https://www.southoldtownny.gov At the bottom of the picture on the main screen click on the second button from the right "Town Records, Weblink/Laserfiche"; go to bottom of page and click on "pg. 2"; click on "Trustees" folder; click on "Applications"; click on "Pending"; all files are listed by name in alphabetical order. Click on the name of the application to view the file. BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631) 765-1892 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS I. 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 siwuficant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both supporting and non- sMortink facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website(southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 79 5 - 20.14 PROJECT NAME LOGIUDICE-PROPOSED DOCK The Application has been submitted to(check appropriate response): Town Board ❑ Planning Board❑ Building Dept,. ❑ Board of Trustees Q I. Category of Town of Southold agency action(check appropriate response): . (a) Action undertaken directly by Town agency(a•g•ca ital ❑ 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 A 4'X40'RAMP UP ONTO A 4'X11W FIXED DOCK WITHA 4'X40 "L"SECTION AT END. CONSTRUCT A 41X40'LOWER PLATFORM WITHA 51X4'ACCESS PLATFORM AND A 4'X16'RAMP. INSTALL THREE 2-PILE DOLPHINS. PROVIDE FOR WATER AND ELECTRICAL SERVICE. Location of action-10995N. BAYVIEW ROAD,SOUTHOLD Site acreage: 8.03 ACRES Present land use: RESIDENTIAL 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:JOSEPH&MARYELLENLOGIUDICE (b) Mailing address: 10995 N. BA YVIEWROAD, SOUTHOLD,NY 11971 (c) Telephone number: Area Code( )(631) 208-2917 (d) Application number,if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ® No❑ If yes,which state or federal agency?DEC,DOS, USACE 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 LMW Section III—Policies; Page 2 for evaluation criteria. ©Yes ❑ No ❑ Not Applicable This is a residential waterfront property that will benefit by theproposed dock structure. Theproperty owner and family will be able to increase their ability to engage in water-dependent activities such as boating, water-skiing,fishing while safely securing their boat at this location. The proposal is consistent and reasonable for this area. 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 u No 91 Not Applicable Our proposal will have no influence on the historic and archaeological resources of the Town of Southold. 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 The proposed dock structure is designed to be consistent with the surrounding areas The structure will not degrade visual quality. There is limited vegetation in the area of the proposed dock There will be no significant disturbance to the natural appearance of the area. There will not be light sources on the dock that would interrupt the visual quality of the area. AL1aGn itU1i111UUM 511CM IL UU itl`.iJ'MY NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages S through 16 for evaluation criteria Yes No © Not Applicable The proposed dock structure is not considered a shoreline hardening structure and will not influence erosion or flooding of natural resources. 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 Q Yes ❑ No ®Not Applicable The proposed dock structure will not produce point source or non point source pollution. There will be no potential sources of groundwater contamination or potable water in the Town. The construction of a dock structure will not influence any sediment contamination or introduce point source discharges that would adversely affect water quality. 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 QNo ❑Not Applicable During the construction of the proposed dock, the underwater lands will be disturbed specifically during the installation of the support piling. Once the piling are install the area will immediately recover. The dock will not produce any long-term negative affects on the coastal environment.All Best Management Practices will be adhered to, so that construction debris will not enter the water. Construction will not be staged and materials will not be stored in environmentally sensitive areas. 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 Z Not Applicable Our proposal will not have any influence of the air quality in 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 evaluatiop criteria. ❑ Yes ❑ No © Not Applicable Ourproposal will not have any influence on the environmental degradation in the Town of Southold from solid waste or hazardous substances and wastes. 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 The public will be able to continue to walk along the beach without any obstruction. The proposed dock will not extend further seaward than the neighboring dock It will be constructed with the existing dock line. 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. 10 Yes ❑ No ❑ Not Applicable The proposed dock structure will enhance the upland property owners ability to engage in water-dependent activities such as water-skiing, boating, and fishing. The structure will provide a safe berth for the homeowner to keep his boat and provide direct access to these water-dependent activities. 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_P9 No ❑ Not Applicable ` The proposed structure will not contribute to loss of vegetative wetlands since there is limited vegetation at this location. The dock was design so that there is significant water depth at all tidal ranges to prevent any unnecessary disturbances to the benthic community. 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 Our proposal will not have any influence on 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 ® Not Applicable Our proposal will not influence the use and development of energy and mineral resources. PREPARED BY Jane P Costello TITLE Agent DATE Costello Marine Contracting Corp. off• _ �����y`��l, - June 3,2021 Southold Town Trustees PO Box 1179 Southold,NY 11971 n Q v U RE: Joseph and Mary Ellen LoGiudice JUN — 4 � 10995 N. Bayview Road Southold SCTM#1000-118-2-4.2 Southold Town Board f Trustees Dear Trustees: Enclosed you will find a full application regarding the above-referenced property. We are proposing to construct a 4'X40' ramp up onto a 4'X110' fixed dock with a 4'X40' "L"section at end. Construct a 4'X40' lower platform with a 5'X4' access platform and a 4'X16' ramp. Install three 2-pile dolphins and provide for water and electrical service. Enclosed you will find the following items for your review: • Southold Town Trustees Application(4 copies) • LWRP(4 copies) • Project Plans(4 copies) • Site Photographs(4 copies) • Hydrographic Map(4 copies) • Property Survey (4 copies) • Check# 1489 in the amount of$250.00 1I1'additional information is needed to process this application,please do not hesitate to contact me. Sincerely, Caroline Burghardt Permit Assistant enclosures ON �• : e e e Oi 1 1 1 e ie e- , e• - �eCTi�Y.T�fiL�Kei�i_