The URL can be used to link to this page

Home My WebLink AboutBahrenburg, D ClaeysMap 03 OS 02:41p p.1 Suffolk Environmental Consulting, Inc. Newman Village, Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 FAX: (631) 537-5291 FAX COVER Date: 4/i 9/06 Number of pages including cover. 1 To: Ms. Lauren Standish Company: Southold Town Board of Trustees Fax #: 631-765-6641 From: William J. Lohn Re: Bahrenburg Application Comments: Dear Ms. Standish, As you know, this Firm represents the above refereaced applicant, who is scheduled to appear before the Southold Town Board of Trustees this evening. By way of this correspondence, kindly adjourn this matter for one month so that we may finalize our response to the LWRP ruling. If you have any questions, please don't hesitate to contact me. Thank you as always for your attention and consideration. William J. DSlm Ce: D. Bahrenburg Please call us at (631) 537-5160 if there is any problem with thin ~ausmissiom Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson, M.S.. President Via Telecopier February 15, 2006 James King, President Southold Town Trustees P. O. Box 1179 Southold, NY 11971 Re: Bahrenburg Situate: Village Lane, Orient SCTM # 1000-117-6-33 Dear Mr. King, Kindly adjourn the above referenced permit matter to your regular meeting of April, 2006. ~BSirlCci:il.~Ande ;so n~ Cc. C. Bahrenburg ~o~ 04 04 Ol:47p p.1 Suffolk Environmental Consulting, Inc. Newman Village, Main Street, P.O. Box 2003, Bridgehampton, New York I 1932-2003 (516) 537-5160 FAX: (516) 537-5291 FAX COVER Date: 1~21/05 Number of pages including cover. 1 To: Mr. Albert J. Krupski, President Company: Southold Town Board of Trustees Fax #: 631-765-6641 From: William J. Lohn Re: BAHRENBURG Application Comments: Dear Mr. Krupski, As you know, this matter is on the agenda for file regular meeting of yoar Board tonight, December 21 st, 2005. By way of this correspondence, kindly adjourn this matter to the regular February meeting. If you have any questions regarding this matter, please feel free to contact this office at any time. William J. Lohn cc: C. Bahrenburg Please call us at (516) 537-5160 if there is any problem with this transmission. Sep 30 04 03:04p Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, EO. Box 2003, Bridgehampton, New York 11932-2003 (631) 537~5100 Fax: (631) 537-5291 Bruce Anderson, M.S., President Via Facsimile November 16, 2005 Albert Krupski, Jr., President Southold Town Trustees P. O. Box 1179 Southold, NY 11971 Re: Bahrenburg Situate: ROW off Village Lane, Orient SCTM # 1000-24-2-21 Dear Mr. Kruspski, Kindly adjourn the above referenced permit matter to the regular meeting of December of this year. As discussed, we are in the process of addressing the concerns of the Town's LWRP Coordinator. Sincerely,] Bruce A. Anderson Cc. D. Moy PLANNING BOARD MEMBERS JERILYN n~ WOODHOUSE Chair WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN PI. SIDOR GEORGE D. SOLOMON PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Town of Southold Board of Trustees From: Mark Terry, Senior Environmental Planner LWRP Coordinator Date: October 18,2005 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 Re: Proposed Wetland and Coastal Erosion Permit to Construct a Docking Facility for D. Claeys Bahrenburg SCTM# 1000-24-2 -21 D. CLAEYS BAHRENBURG requests a Wetland Permit and Coastal Erosion Permit to construct a private docking facility consisting ofa 4'X 79' fixed elevated catwalk, 3.5'X 15' hinged ramp, and 6'X 20' floating dock. Located: 220 Bay Ave., Orient. SCTM#24-2-21 All timber proposed for the dock facility is described in the Project Description as "non- treated Fir or Cedar. Thc New York State Department of Environmental Conservation prohibits the usc of wood treated with pcntachlorophcnol within tidal waters. A silt boom/turbidity screen has not bccn proposed to control turbidity during construction. The proposed action has been reviewed to Chapter 95, 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 following LWRP Policy Standards; 3, 3.1 (D and J) (K. 3c), 5.3 (C), 6.1 (A.2, and A.3), 9.1(C.2, C.3 and E), 9.2 (A.1, A.2 and B.2), 9.3 (A), 9.4 (A, B, E.1, E.2, E.3 and E.4), 9.5 (A), 10.3 (A and B), 10.4 (A and B),ll.1 and 11.2 therefore INCONSISTENT with the Local Waterfront Revitalization Plan. The LWRP does not fully support the construction of docks or structures in Orient Harbor. Correspondingly the LWRP recommends the use of"alternatives to longpiers or docks include use of dinghies to reach moored boats and mooring in nearby marinas ". Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Albert J. Krupski, President John Hotzapf~l, Vi¢¢ President Jim King Martin H. Garrell Peter Wenezel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P. O. Box 1179 Southold, New York 11971 Telephone (631) 76S-1892 Fax (631) 765=1823 A Coastal Erosion Permit icati ct Wetland Permit Application ~ ~ Grandfather Permit Application Waiver/kmendment/Changes /Received Application: --Received Fee: $ f Completed Application Incomplete SEQRA Classification: Type I__Type II Unlisted__ Coordination: (date sent) ~.-CAC Referral Sent: w.-Date of Inspection: ~ Receipt of CAC Report: Lead Agency Determination: Technical Review: .--Public Hearing Held: Resolution: Name of Applicant D. Clae~s Bahrenburq Address P.O- Box 250; Orientt NY 11957 Phone Number( 631 ) 323 - 2446 Suffolk County Tax Map Number: 1000 - 024 - 02 -021 Property Location: BaX Avenue; Orientt NY (provide LILCO Pole #, distance to cross streets, and location) AGENT: Suffolk Environmental Consulting, Inc. Address: P.O. Box 2003 Brid~ehampton, NY 11932 Phone Number: (631) 537-5160 Fax: #(631) 537-5198 of Trustees Application GENERAL DATA Land Area ( in square feet) Area Zoning: Previous use of property: Intended use of property: : 11~ 703 scluere feet Private s,in9le family residence Same with proposed docking facility 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) See attached Project Description. 2 PROJECT DESCRIPTION for the BAHRENB UR G Application Situate: 220 Bay Avenue; Orient; Town of Southold, NY SCTM #: 1000 - 024 - 02 - 021 Applicant proposes to construct a private docking facility off the western section of subject property in order to provide reasonable and safe access to Orient Harbor and water beyond. The proposed dock assembly will consist of the following: (l) Fixed Elevated Catwalk: 4.0' wide x 79.0' long +; supported by eighteen (18) six inch (6.0") q> pilings; to maintain a minimum of 3.5' above the existing grade and a minimum of 2.5' above the plane of average low water; (2) Hinged Ramp: 3.5' wide x 15.0' long; (3) Floating Dock: 6.0' wide x 20.0' long; secured by four (4) eight inch (8.0") · pilings. All materials to be non-treated (i.e. Fir, Cedar, etc...) and all hardware to be hot-dipped galvanized. ~ of Trustees ApplicatioH WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Applicant proposes to construct a docking facility off the southwestern section of subject property in order to access the surface waters of Orient Harbor. Area of wetlands on lot: <0.01square feet Percent coverage of lot: <0.0~% Closest distance between nearest existing structure and upland edge of wetlands: 34.0 ± feet Closest distance between nearest proposed structure and upland edge of wetlands: 0.0 ± feet Does the project involve excavation or filling: X No Yes If yes, how much material will be excavated? N/A cubic yards How much material will be filled? N/A cubic yards Depth of which material will be removed or deposited: N/A feet Proposed slope throughout the area of operations: 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): No negative impacts are anticipated due to the existence of many dock assemblies of similar size and design, if not more substantial, that have yet to result in any form of impact to the surrounding environment, Including the tidal wetlands fringe thereon. .oard of Trustees App ~lon COASTAL EROSION APPLICATION DATA Purpose of Proposed Activity: Applicant proposes to construct a docking facility off the southwestern section of subject property in order to access the surface waters of Orient Harbor. Are wetlands present within 75 feet of the proposed activity? No X Yes If Yes, how much material will be How much material will be filled? excavated? 0.0 (cubic yards) 0.0 (cubic yards) Manner in which material will be removed or deposited: N/A Describe the nature and extent of the environmental impacts reasonably anticipated resulting from the implementation of the project as proposed. (Use attachments if necessary) Although the location of the proposed dock assembly is situated within a Town of $outhold- designated Coastal Erosion Area (i.e Orient Harbor), this office believes that no adverse impacts will occur to the surrounding environment. Review of the photographs attached within this application indicates an area surrounding the location of the proposed dock assembly as being currently and historically developed in a manner identical to that of this proposal, resulting in the numerous docking facilities surrounding subject prope~y, as well as the maintenance of both the town dock and attendant marinas located immediately to the south of said property (i.e. Orient Yacht Club). Consequently, due to the long-term presence of development within this specific area of Orient Harbor, and the lack of any resultant adverse environmental impacts, we cannot anticipate any negative effect to the surrounding environment. Furthermore, issues surrounding docks in and around this specific section of Orient Harbor have been examined in numerous dock applications and following such examinations, such dock structures have been routinely approved herein. The area where the proposed dock assembly is to be located within the inner harbor area of Orient Harbor has been developed for the mooring of numerous vessels of all sizes. This application is consistent with the historical and present use of the inner harbor and to Orient Harbor. Board of Trustees Application COASTAL EROSION APPLICATION DATA Purpose of Proposed Activity: Applicant proposes to construct a docking facility off the southwestern section of subject property in order to access surface waters of Orient Harbor. the Are wetlands present within 75 feet of the proposed activity? No X Yes If Yes, how much material will be excavated? How much material will be filled? 0.0 (cubic yards) 0.0 (cubic yards) Manner in which material will be removed or deposited: N/A Describe the nature and extent of the environmental impacts reasonably anticipated resulting from the implementation of the project as proposed. (Use attachments if necessary) Although the location of the proposed dock assembly is situated within a Town of $outhold-designated Coastal Erosion Area (i.e Orient Harbor), this office believes that no adverse impacts will occur to the surrounding environment. Review of the photographs attached within this application indicates an area surrounding the location of the proposed dock assembly as being currently and historically developed in a manner identical to that of this proposal, resulting in the numerous docking facilities surrounding subject property, as well as the maintenance of both the town dock and attendant marinas located immediately to the south of said property (i.e. Odent Yacht Club). Consequently, due to the long-term presence of development within this specific area of Orient Harbor, and the lack of any resultant adverse environmental impacts, we cannot anticipate any negative effect to the surrounding environment. Fudhermore, issues surrounding docks in and around this specific section of Odent Harbor have been examined in numerous dock applications and following such examinations, such dock structures have been routinely approved herein. The area where the proposed dock assembly is to be located within the inner harbor area of Orient Harbor has been developed for the moodng of numerous vessels of all sizes. This application is consistent with the historical and present use of the inner harbor and to Odent Harbor. 4 ( Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson, M.S., President Via Regular Mail Augu~ 29,2005 Ms. Lauren Standish Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: Situate: SCTM #: BAHRENBURGApplication 220 Bay Avenue Orient; Town ofSouthold, NY 1000 - 024 - 02-020 Dear Ms. Standish, I received your message concerning the above referenced application. To that end, enclosed herewith please find a check in the amount of $250.00 to cover the application fee. If you require any further materials or information, please feel free to contact this office at any time William I. Lohn enclosed cc: D. Bahrenburg Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (63 I) 537-5160 Fax: (631) 537-5291 Bruce Anderson, M.S., President Via Regular Mail August 25, 2005 Mr. Albert J. Krupski, President Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re.' Situate: SCTM #: BAHRENBURG Property 220 Bay Avenue Orient; Town of Southold, NY 1000 - 024 - 02 - 020 Se'ti, ir! Tc',vr~ Dear Mr. Krupski, It is my understanding that the Coastal Erosion Application Data portion of the above referenced application was not received. As it is required for the application, please find enclosed herewith one [ 1 ] copy of the Coastal Erosion Application Data. If you have any questions, or require further materials, please feel free to contact this office at any time. Thank you as always for your time and consideration. Sincerely, William J. Lolm enclosed cc: D. Bahrenburg PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: Linton Duell 1 & Diana Kwon-Duel 930 Village Lane P.O. Box 823 Orient, NY 11957 Peter Deutsch & Charlotte Deutsch 1700 Village Lane P.O. Box 171 Orient, NY 11957 Claeys D. Bahrenburg P.O. Box 250 Orient, NY 11957 STATE OF NEW YORK COUNTY OF NEW YORK William J. Lohn- Suffolk Environmental Consultin~t Inc. , residing at Newman Village; Main Street, Bridgehampton, NY , being duly sworn deposes and says that on the 8th day of September, 2005, deponent mailed a true copy of the Notic~ set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Bridgehampton, that said Notices were mai~ach of said persons by (certified) (registered) SIGNATURE Sworn to before me this ~ ~ day of~2005 Matthew D. Iva~s Not~ry PLNm ol Hew York I% 01 :%053859 Com~'~smor,-Exp~res Jcrluary 22, 6 Po~tage Certified Fee Return Receipt Fee (Endorsement Required) Restr~ted Delivery Fe~ (E~dorsement Required) Tota~ Postage & F~es 0.37 NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: D. Claexs B~h~enburg SCTM # 1000 - 024 - 02 - 021 YOU ARE HEREBY GIVEN NOTICE: 1. That is the intention of the undersigned to request a Permit from the Board of Trustess to: Con-tract a private docking facilit~ off the southwestern section,,of sub~ect pro~ert~ in order to access the surface waters of Orient Harbor. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: Ba~ AvenueI Orientl NY 3. That the project which is subject to Environmental Review under Chapters 32, 37, or 97 of the Town Code is open to public comment. You may contact the Trustees Office at 765-1892 or in writing. The above referenced proposal is undgr review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNERS NAME: MAILING ADDRESS: Clae~s Bahrenburg P.O. Box 250; Orientr NY 11957 PHONE # (631) 323 - 2446 Enc.: Copy of sketch or plan showing proposal for your convenience. Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson, M.S., President Via Regular Mail September 9, 2005 Mr. Albert J. Krupski, President Town Hall P.O. Box 1179 Southold, NY 11971 Re,' Hearing Date: Situate: SCTM #: Bahrenburg Application September 21't, 2005 Bay Avenue Orient; Town of Southold, New York 1000 - 024-02-021 Dear Mr. Krupski, As you may remember, this Firm represents Mr. Bahrenburg, owner of the above referenced property, who is seeking approval from your Board to make improvements thereon. This matter has been added to the Board of Trustees of the Town of Southold agenda for September 21~, 2005. lherefore, in accordance with Town Code, please find enclosed herewith: 1) Signed and Notarized Affidavit of Mailing; and 2) Original Certified Mailing Receipts & copies of the same; and 3) Copy of the Legal Notice that was mailed to adjacent property owners. If you have any questions regarding this matter, please feel free to contact this office at any time. Thank you in advance for your attention and consideration. William J. Lohn cc: D. Bahrenburg NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES~ TOWN OF SOUTHOLD In the matter of applicant: D. Clasps Bahrenburg SCTM # 1000 - 024 - 02 - 021 YOU ARE HEREBY GIVEN NOTICE: 1. That is the intention of the undersigned to request a Permit from the Board of Trustees to: Construct a private docking facilit~ off the southwestern section of sub,oct propertx in order to access the surface waters of Orient Harbor. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: Ba~Avenue~ Orient; .NY 3. That the project which is subject to Environmental Review under Chapters 32, 37, or 97 of the Town Code is open to public comment. You may contact the Trustees Office at 765-1892 or in writing. The above referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNERS NAME: MAILING ADDRESS: Claexs Bahrenburg P.O. Box 250; Orient~ NY 11.957 PHONE # (631) 323 - 2446 Enc.: Copy of sketch or plan showing proposal for your convenience. OF MAILING OF NC ATTACH CERTIFIED MAIL RECEIPTS Name: Address: PLF,~E REFER to the ATTACHED ~DDENDUM STATE OF NEW YORK COUNTY OF NEW YORK Diane K..W&ssick- Suffolk Environmental Consulting~ Inc. , residing at Newman Village; Main Street, Bridgehampton, NY , being duly sworn deposes and says that on the 10th day of September, 2004, deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Bridgehampton, that said Notices were mailed to each of said persons by (certified) (registered) mail. DIANE K. WASSICK Sworn to before me this day of , 2004 Notary Public 6 Board of Trustees Application County of Suffolk ) State of New York ) William J. Lohn , 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 TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVE(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. SWORN BEFORE ME THIS DAY OF 200S Matthew O. Ivan$ Notary pubtic o~ New No. 011V6053859 Oual I ed in Suffolk CountY Commission Exp res Janua. ry 22, 20 07 Board of Trustees Application AUTHORIZATION (where applicant is not the owner) I, D. Claeys Bahrenburg residing at 15 Putnam Ave., Greenwich, CT 06830, do hereby authorize Bruce A. Anderson, Suffolk Environmental Consulting, Inc. (Agent) to apply for permit(s) my behalf. from tile Southold Board of Trustees on 14-16-4 (9195)-Text 12 617.20 PROJECT I.D. NUMBER Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNMSTED ACTIONS Only SEQR PART t- PROJECT INFORMATION (To be completed by Applicant or Project sponsor) ]. APPLICANT/SPONSOR 9. PROJECT NAME Suffolk Environmental Consulting, Inc. BAHRENBURG 3. PROJECT LOCATION: Municipality Town of Shelter Island County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc. or provide map) 220 Bay Avenue; Orient; Town of Southold, NY (SCTM #: 1000 - 024 - 02 021) 5. IS PROPOSED ACTION: [] New [] Expansion 6. DESCRIBE PROJECT BRIEFLY: [] M odificatioWalteration Applicant proposes to construct a private docking facility thereon. Please refer to the attached Project Description for reference. 7. AMOUNT OF LAND EFFECTED: Initially < 0.01 acres Ultimately < 0.01 acres 8. WILL PROPOSED ACTION COMPLY WiTH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No if No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? []Residential {--]Industrial r"'lComm ercial []Agriculture [--IPark/Forest/Open space []Other Describe: Private single family residences with related appurtenances, including dock assemblies. lO. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENT AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes ~--]No if yes, list agency(s) and permit/approvals U.S. Army Corps of Engineers; NY State Dept. of State; NY State Dept. of Environmental Conservation approval. 1 l. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If yes, list agency(s) and permit/approvals ]2. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Yes [] NO I CERTIFY THAT THE INFORMATION PROVIDED IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor n~vans - Suffolk Environmental Consulting, Inc. Date: 8/5/2004 Signature: /~/~-'~'~ '~'~/~ ~ If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II- ENVIRONMENTAL ASSESSMENT (To be compreted by Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD ~N 6 NYCRR, PART 617.127 use the FULL EAF. [] Yes [] No If yes, coordinate the review process and B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration may be superseded by another involved agency. [] Yes [] NO COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricurtural, archeological, historical or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitat, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or change in use or intensity of use of land or natural resources? Explain briefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. Long term, short term, cumulative, or other effects not identified in C1-C57 Explain briefly: C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? []Yes []No IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL iMPACTS? [] Yes [] No If yes, explain briefly PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important, or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occunJng; (c) duration; (d) in*eversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed, if question D of Part II was checked yes, the determination and significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. [] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Name of Lead Agency Print or Type Name of Responsible Officer Signature of Responsible Officer in Lead Agency Tifie of Responsible Officer Signature of Preparer (if different From responsible officer) 2 Town of Southold UWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS 1. AIl applicants for permits* including Town of Soathold agencies, ~~ proposed actiom that are subject to the Town of Southold Waterfr ~rC76~tency 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 Perm#s and other ministerial permits not located within the Coastal Erosion Hazard Area. 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 Soathold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the eomistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a dct~mfination that it is consistent to the maximum extant practicable with the LWRP policy standards and conditions, lfan 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 Trnstees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 0~4 02 031 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees [] 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capitol construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, icense, certification: Nature and extent of action: Applicant proposes to construct ~ dpcking facility off the ,southwestern section of sub|e~t orooerty Jn order tO access ghe surface water~ of Orient Harbor. Attach additional sheets ifn~cessary Location of action: Site acreage: Present land use: 220 Bay Avenue; Orient~ Town of Southold, NY 0.27 acre ~: Improved w/sin~qe familv dweHinR and related appurtenaac~ Present zoning classification: 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: D. Claeys Bahrenburg (b) Mailing address: P.O. Box 250; Orient~ NY 11957 (c) Tdephone number: Area Code ( 631 ) 323 - 2446 (d) Application number, if any: N/A .. Wilt the action be directly undertakeri, require funding, or approval by a state or federal agency? Yes [] No [] If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section Ill - Policies; Page 2 for evaluation criteria. [] Yes [] No [] Not Applicable Subject proposal is consistent with the policy in ghat the siting and utilization of the proposed dock assembly will maintain the character of the surrounding neighborhood, which currently consists of many similarly-improved residential lots and commercial lots with similar accessory structures (i.e. dock assemblies along Orient Harbor). In addition~ subject proposal will be in harmony with the '...beneficial use ora coastal location...' in that the legally created residential waterfront (i.e. coastal) lot will be enhanced by the inclusion of the proposed dock assembly in order to access the surface waters of Odent Harbor. Accordingly, we believe that this proiect is consistent with this policy. Attach additional sheets if necessary PoUcy 2. Protect and preserve historic and archaeological resources of the Town of Southold. Sec LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal is consistent with this policy in that the location of the proposed dock assembly is within Orient Harbor, an area currently and historically developed in a manner identical to that of this proposal, resulting in the numerous docking facilities surrounding subject property, as well as the maintenance of both the town dock and attendant marinas located immediately to the south of said property (i.e. Orient Yacht Club). Accordingly, we believe that this project is consistent with this policy. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section m - Policies Pages 5 through 7 for evaluation criteria [] Yes [] No [] Not Applicable Subiect proposal will not adversely impact the visual quality of the surroundin8 area in that the surrounding ama is currently comprised of properties improved with similar appurtenances (i.e. dock assemblies) of equal, if not greater, size and scope. Scenic resources, assomedly views of Orient Harbor to the south, are not at risk due to the proposed dock assembly being typical of the character of this section of waterfront. Accordingly, this proposal will comply with Policy 3. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section 11I - Policies Pages 8 through 16 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal will fully comply with Policy 4 in that the proposed dock assembly is designed to be comparable in size and scope as that of the surrounding dock assemblies, which have not resulted in loss of lifet structures, and natural resources within this ama. Accordingly~ this proposal will comply with Policy 4. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section 111 - Policies Pages 16 through 21 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal is not applicable to this policy in that it will have no e4"fect to the water quality/supply within the surrounding ama. Attach additional sheets if necessary Policy 6. Protec~ and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section II! - Policies; Pages 22 through 32 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal will maintain the quality of the surrounding ecosystem in that the proposal is historically typical of this section of watedront within Orient Harbor, which has not resulted in significant effects to the surrounding ecosystem. Accordingly, this proposal will comply with Policy 6. Attach additional sheets if necessary Poficy 7. Protect and improve air quality in the Town of Southold. See LWRP Section HI - Policies Pages 32 through 34 for evaluation eriteria [] Yes [] No [] Not Applicable Subject proposal is not applicable in that the proposal is simply to improve subject property with a dock assembly which will not result in any form of adverse effects to air quality. Accordinglyt this proposal is not applicable with this policy. Attach additional sheets if necessary Polio/8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section HI - Policies; Pages 34 through 38 for evaluation criteria. [] Yes [] No [] Not Applicable Subiect proposal is not applicable in that the proposal does not involve disposal and/or transportation of solid wastet hazardous waste, toxic pollutants, petroleum products. Attach additional sheets if necessary PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use o1~ eoustal waters, public lands, and public resources of the Town of Southold. Sec LWRP Section III -Polieies; Pages 38 through 46 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal is not applicable to this policy in that the proposal is attendant to a private dwelling. Regardless, this project will not impede any access to the surface waters in and around subject property and/or become detrimental to the recreational use of the surrounding resources. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses ia suitable Ioeatious. See LWRP Section III - Policies; Pages 47 through ~6 for evaluation criteria [] Yes [] No [] Not Applicable Subiect proposal is applicable in that a water~lependent use (i.e. access to sudace waters; boating) is being sited onto a waterfront parcel, however, with regards to this Policy's concerns with marinas~ aquaculture, etc...t this proposal is not applicable due to this proposal involving only a private docking assembly. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peeonic Estuary and Town Waters. Sec LWRP Section III -Policies; Pages 57 through 62 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal is not applicable in that the proposal does not involve any form of marine resource management (i.e. commercial fisheries, recreational fisheries~ aquaculturet etc...). Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. Sec LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] No [] Not Applicable Subject proposal is not applicable in that the proposal does not involve agricultural lands (i.e. the conversion of farmlandt the establishment and/or maintenance of new coastal agricultural production, etc...) Attach additional she, ets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources, See LWRP Section IH - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [] No [] Not Applicable Subject proposal is not applicable in that the proposal does not involve the conservation of energy resources on a commercial level and/or the promotion of alternative energy sources, proper maintenance of fuel storage facilities and/or the extraction of mineral extraction Atlach additional sheets if necessary Created on 5/25/05 11:20.4M Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631 ) 537-5160 Fax: (631 ) 537-5291 Bruce Anderson, M.S., President HAND DELIVERED August 24,2005 Mr. Albert J. Krupski, President Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re'- Situate: SCTM #: BAHRENBURG Property 220 Bay Avenue Orient; Town of Southold, NY 1000 - 024 - 02-020 Dear Mr. Krupski, As you know, this Finn represents Mr. Bahrenburg, owner of the above referenced property, who is seeking to construct a private docking facility thereon. On August 19, 2004, your Board received an application from this office regarding same, however, we were subsequently requested to apply for Coastal Erosion Hazard Area (CEHA) approval, from both your office, which is included within this package, and the office of the New York State Department of Environmental Conservation (NYSDEC). With regards to obtaining CEHA approval from the NYSDEC, this office has been repeatedly attempting to coordinate this review with Mr. Richard Starr of the NYSDEC, however, it is has been met with absolute inactivity from his office. Consequently, this office wishes to simply move forward and finalize our approval with your Board, inclusive of CEHA approval. Enclosed herewith please find a completed Wetland Permit Application. Application contents are as follows: (1) Town of Southold Trustees Wetlands Permit Application; (2) Short Environmental Assessment Form; (3) Local Waterfront Revitalization Program Consistency Assessment Form; (4) Photographs of subject property, indicating the location of thc proposed dock assembly thereon; Hammarth/ 2 (5) Location Map for easy reference (two [2] copies); (6) Aerial Photographs of subject property, indicating the conditions within the surrounding waterfront (two [2] sets); (7) Site Plan of the property, prepared by SUFFOLK ENVIRONMENTAL CONSULTING, INC., last dated July 29, 2004, indicating all existing and proposed structures thereon, including the proposed dock assembly (two [2] copies); and (8) Cheek made payable to the Town of Southold in order to cover the requisite application fee. By way of this correspondence, and on behalf of Mr. Bahrenburg, I request that you commence review of this application and issue the requested permit at your earliest opportunity. Should you have any questions regarding this matter, or require additional information, please feel fxee to contact this office at any time. Thank you in advance for your cooperation. Sincerely, Matt D. Ivans enc. cc: D. Bahrenburg SITE PLAN concerning the BAHRENBURG Property 7 PreparedP.O. Box2_0.03;Bridg~hampton, NY n~2 ~c. I~ / ~ Is~ ~ l -~~I~~~C.~LS.. SITE PLAN DETAIL Scale: 1.0' = 10.0' :E SITE PLAN Scale: 1.0" = 30.0' ~ALW CROSS - SECTIONAL PLAN Scale: 1.0" = 10.0' * " PROJECT NARRATIVE= ALW AHW Telephone (631) 765-1892 Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 CONSERVATION ADVISORY COUNCIL TOWN OF SOUTHOLD At the meeting of the Southold Town Conservation Advisory Council held Wed., September 14, 2005, the following recommendation was made: Moved by Tom Schlichter, seconded by Jack McGreevy, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL WITH A CONDITION of the Wetland Permit and Coastal Erosion Permit applications of D. CLAEYS BAHRENBURG to construct a docking facility consisting of a 4'X 79' fixed elevated catwalk, 3.5'X 15' hinged ramp, and 6'× 20' floating dock. Located: 220 Bay Ave., Orient. SCTM#24-2-21 The CAC recommends Approval of the application with the Condition the docking facility doesn't extend into the water any further than the immediate adjacent docks. Vote of Council: Ayes: All Motion Carried Aug. l 7, 2005 Field Inspe GEOROE E~, PATAI~I DEPARTMENT OF STATE 4 I STATE STREET ALBANY, NY 12231-0001 November 15, 2004 Matt D. Ivans Suffolk Environmental Consulting, Inc. Newman Village, Main Street PO Box 2003 Bridgehampton, NY 11932-2003 Re: F-2004-0699 U.S. Army Corps of Engineers/New York District Permit Application D. Claeys Bahrenburg - Construct 4'x79' catwalk, 3.5'xl 5' ramp, and 6'x20' float Orient Harbor, Town of Southold, Suffolk County DEC # 1-4738-03389/00001 General Concurrence Dear Mr. Ivans: The Department of State received supporting information for this proposal on October 7, 2004. The Department of State has determined that this proposal meets'the Department's general consistency concurrence criteria. Therefore, further review of the proposed activity by the Department of State, and the Department's concurrence with an individual consistency certification, am not required. When communicating with us regarding this matter, please contact Bridget Kennedy at (518) 486-7670 and refer to our file #F-2004-0699. Sincerely, Supervisor of Consistency Review and Analysis Division of Coastal Resources brk COE/New York District - Mike Visschelli NYS DEC Region 1 - Darleen Gerbino NEW YO~l ATE, DEPARTMENT OF ENVIRONMENTAL ~ERVATION DEC PERMIT NUMBER I 1-4738-03389/00001 I ~ UMBE.-- W PERMIT Under the Environmental Conservat on Law EFFECTIVE DATE December 10, 2004 EXPIRATION DATE(S) December 9, 2009 TYPE OF PERMIT · New [] Renewal [] Modification [] Permit to Construct [] Permit to Operate [] Article 15, Title 5: Protection of Waters [] Article 15, Title 15: Water Supply [] Article 15, Title 15: Water Transport [3 Article 15, Title 15: Long Island Wells [] Article 15, Title 27: Wild, Scenic and Recreational Rivers E] 6NYCRR 608: Water Quality Certifica- tion [] Article 17, Titles 7, 8: SPDES [] Article 19: Air Pollution Control [] Article 23, Title 27: Mined Land Reclamation [] Article 24: Freshwater Wetlands · Article 25: Tidal Wetlands [] Article 27, Title 7; 6NYCRR 360: Solid Waste Mana~lement [] Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management [] Article 34: Coastal Erosion Management [] Article 36: Floodplain Management [] Articles 1, 3, 17, 19, 27, 37; 6NYCRR 380: Radiation Control PERMIT ISSUED TO D. Claeys Bahrenburg ADDRESS OF PERMITTEE P.O. BOX 250, Orient, NY 11957 ITELEPHONE NUMBER (631) 323-2446 CONTACT PERSON FOR PERMITTED WORK Suffolk Environmental Consulting, P.O. Box 2003, Brid~ehampton, NY NAME AND ADDRESS OF PROJECT/FACILITY 11932-2003 ITELEPHONE NUMBER (631) 537-5160 Bahrenbur~ property, 220 Bay Avenue, Orient COUNTY I TOWN Suffolk Southold WATERCOURSE Orient Harbor NYTM COORDINATES DESCRIPTION OF AUTHORIZED ACTIVITY: Construct a 4' x 79' catwalk, ramp and a 6' x 20' float secured by four pilings. All work must be done in accordance with the attached plans stamped NYSDEC approved on 12/10/04. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified (see page 2 & 3) and any Special Conditions included as part of this permit. PERMIT ADMINISTRATOR: ] ADDRESS Geor~le W. Hammarth (DMG/ I Region 1 Headquarters, Bldg. #40, SUNY, Stony Brook, NY 11790-2356 AUTHORIZED SIGNATURE I DATE ,---' December 13, 2004 OF ENVIRONMENTAL CONSOION SPECIAL CONDITIONS 1. Any debris or excess material from construction of this project shall be completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. No debris is permitted in tidal wetlands and or protected buffer areas. 2. Dock or timber catwalk shall not exceed 4 feet in width and shall be a minimum of 3~ feet above grade* over tidal wetland areas (* as measured from ground to bottom of dock sheathing). 3. The use of wood treated with pentachlorohenol in the construction of structures that will be in contact with tidal waters is strictly prohibited. 4. Floats and ramps may not rest on or be stored in any vegetated tidal wetland. 5. No dredging, excavating or other alteration of shoreline or underwater areas is authorized by this permit, nor shall issuance of this permit be construed to suggest that the Department will issue a permit for such activities in the futu re. 6. No permanent structures may be installed on dock/catwalk/float without first obtaining written Department approval (permit, modification, or amendment). 7. Docks/catwalks/floats may not (a) extend laterally beyond property lines, (b) be placed so that docked boats extend over adjacent property line, (c) interfere with navigation, (d) interfere with other landowners riparian rights. 8. Pilings may not: (a) extend beyond property lines, (b) be placed so that docked boats extend over property lines, (c) interfere with navigation, (d) interfere with other landowners riparian rights. 9. No structures are to be constructed on pilings without further authorization of the Department. DEC PERMIT NUMBER PAGE 2 of 4 1-4738-03389/00001 ~E~ 6NYCRR PART 608 ( TIDAL WETLANDS) If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. Granting of this permit does not relieve the applicant of the responsibility of obtaining any other permission, consent or approval from the U.S. Army Corps of Engineers, U.S. Coast Guard, New York State Office of General Services or local government which may be required. 4. AIl necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. 5. Any matedal dredged in the conduct of the work herein permitted shall be removed eveniy, without leaving large refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. 6. There shall be no unreasonable interference with navigation by the work herein authorized. If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. If granted under 6 NYCR R Part 608, the NYS Department of Environ mental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301,302, 303, 306 and 307 of the Clean Water Act of 1977 (PL 95~217) provided that all of the conditions listed herein are met. 9. At ieast 48 hours prior to commencement of the project, the permittee and contractor shaii sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photogrephs of the completed work and, if required, a survey. 10. AFl activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Such approved plan was prepared by Suffolk Environmental Consulting Inc. on 7/29/04 and last revised on 8/17/04. DEC PERMIT NUMBER PAGE 3 of 4 1-4738-03389/00001 Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. GENERAL CONDITIONS General Condition '1: Facility Inspection by the Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including alt referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. General Condition 2: Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of t, his permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. General Condition 3: Applications for Permit Renewals or Modifications The permittee must submit a separate written applicatio n to the Department for renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. The permittee must submit a renewal application at least: a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste Management Facilities (SWMF); and b) 30 days before expiration of all other permit types. Submission of applications for permit renewal or modification are to be submitted to: NYSDEC Regional Permit Administrator, Region 1, SUNY Bldg #40, Stony Brook NY 11790-2356 General Condition 4: Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modify, sospend or revoke this permit in accordance with 6 NYCRR Part 621. The grounds for modification, suspension or revocation include: a) materially false or inaccurate statements in the permit application or supporting papers; b) failure by the permittee to comply with any terms or conditions of the permit; c) exceeding the scope of the project as described in the permit application; d) newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; e) noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. DEC PERMITNUMBER PAGE 4 OF 4 1-4738-03389/00001 BAHRENB URG Property Situate: Bay Avenue; Orient; Town of Southold, NY SCTM #: 1000- 024 - 02 - 021 (Photo taken on ~l~dy 27, 2004) Photo indicating the approximate location of the proposed dock assembly off the southwestern section of subject property. Photo taken from the shoreline of Orient Harbor, facing west. Please note the location of a member of this office situated at 110.0' 4- off the shoreline in four feet (4.0') ± of water depth. BAHRENB URG Property Situate: Bay Avenue; Orient; Town of Southoid, NY SCTM #: 1000 - 024 - 02 - 021 (Photo taken on July 27, 2004) Photo indicating the approximate location of the proposed dock assembly off the southwestern section of subject property. Photo taken from the southwestern section of subject property, facing west overlooking Orient Harbor. BAHRENB URG Property Situate: Bay Avenue; Orient; Town of Southold, NY SCTM #: 1000 - 024 - 02 - 021 (Photo taken on July 27, 2004) Photo indicating the approximate location of the proposed dock assembly offthe southwestern section of subject property. Photo taken from the southwestern section of subject property, facing west overlooking Orient Harbor. BAHRENB URG Property Situate: Bay Avenue; Orient; Town of Southold, NY SCTM #: 1000 - 024 - 02 - 021 (Photo taken on duly 27, 2004) Photo indicating the approximate location of the proposed dock assembly offthe southwestern section of subject property. Photo taken from the southwestern corner of subject property, facing northwest overlooking Orient Harbor. BAHRENBURG Property Situate: Bay Avenue; Orient; Town of Southold, NY SCTM #: 1000 - 024 - 02 - 021 (Photo taken on ~]uly 27, 2004) Photo indicating the approximate location of the proposed dock assembly offthe southwestern section of subject property. Photo taken from the southwestern section of subject property, facing west overlooking Orient Harbor. BAHRENB UR G Property Situate: Bay Avenue; Orient, NY SCTM #: 1000 - 024 - 02 - 021 300~ Proposed Construction Access Route BAHRENB UR G Property Situate: Bay Avenue; Orient, NY SCTM #: 1000 - 024 - 02 - 021 Proposed Construction Access Route AERIAL PHOTOGRAPH concerning the BAHRENB UR G Application Situate: 220 Bay Avenue; Orient; Town of Southold, NY SCTM #: 1000 - 024 - 02 - 021 Aerial Photograph concerning the BAHRENB UR G Application Situate: Bay Avenue; Orient, NY SCTM #: 1000 - 024 - 02 - 021 AERIAL PHOTOGRAPH concerning the BAHRENB UR G Application Situate: 220 Bay Avenue; Orient; Town of Southold, NY SCTM #: 100O - 024 - 02 - 021 Aerial Photograph concerning the BAHRENB UR G Application Situate: Bay Avenue; Orient, NY SCTM #. 1000- 024 02 - 021 BAHRENB UR G Property Situate: Bay Avenue; Orient, NY SCTM #: 1000 - 024 - 02 - 021 In, Proposed 'Construction Access Route BAHRENB URG Property Situate: Bay Avenue; Orient, NY SCTM #: 1000 - 024 - 02 - 021 Proposed 'Construction Access Route Suffolk Environmental Consulting, Inc. Newman Village, Main Street, Re. Box 2003. Bridgehampton. New York 11932-2003 (631) 537-5160 Fax: (631) 537-5198 Bruce Anderson, M.S., President September 20, 2004 Mr. Albert J. Krupski, President Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Southold Town Board of Trustees Re.- Situate: SCTM #: BAHRENBURG Application, 220 Bay Avenue Orient; Town of Southold, NY 1000 - 024 - 02 - 020 Dear Mr. Krupsk~ As per your request, please find enclosed: (l) -Cheek made payable to the Town of Southold to cover the additional application fee in connection with the proposed docking assembly. Kindly include same into our file and maintain the pubic hearing of September 22, 2004 concerning this matter. Should you have any questions concerning this matter, please feel fi'ee to comact this office at any time. Thank you as always for your attention and consideration. Sincerely, SUFFOLK ENVIRONMENTAL CONSULTING, INC. P.O. BOX 2003 BRIDGEHAMPTON, NY 11932 ORDER OF 6959 DATE Telephone (63 I) 765-1892 Town Hall 53095 Route 25 P.O. Box 1179 $outhold, New York 11971-0959 CONSERVATION ADVISORY COUNCIL TOWN OF SOUTHOLD At the meeting of the Southold Town Conservation Advisory Council held Tuesday, September 14, 2004, the following recommendation was made: Moved by Don Wilder, seconded by Jack McGreevy to TABLE the Wetland Permit application of D. CLAEYS BAHRENBURG to construct a 4'X 79' fixed elevated catwalk, 3.5'X 15' hinged ramp, and a 6'X 20' floating dock. Located: 220 Bay Ave., Orient. SCTM#24-2-20 The CAC requests a clarification of the regulations of the Coastal Erosion Hazard Area and recommends the owner consider a mooring. Vote of Council: Ayes: All Motion C. arried BAHRENB URG Property Situate: Bay Avenue; Orient; Town of Sonthold, NY SCTM #: 1000 - 024 - 02 - 021 (Photo taken on July 27, 2004) Photo indicating the approximate location of the proposed dock assembly offthe southwestern section of subject property. Photo taken from the shoreline of Orient Harbor, facing west. Please note the location of a member of this office situated at 110.0' ± off the shoreline in four feet (4.0') ± of water depth. BAHRENB UR G Property Situate: Bay Avenue; Orient; Town of Southold, NY SCTM #: 1000 - 024 - 02 - 021 (Photo taken on July 27, 2004) Photo indicating the approximate location of the proposed dock assembly offthe southwestern section ofsubject property. Photo taken from the southwestern section of subject property, facing west overlooking Orient Harbor. BAHRENB URG Property Situate: Bay Avenue; Orient; Town of Southold, NY SCTM #: 1000 - 024 - 02 - 021 (Photo taken on Jul), 2 7, 2004) Photo indicating the approximate location of the proposed dock assembly off the southwestern section of subject property. Photo taken from the southwestern section of subject property, facing west overlooking Orient Harbor. BAHRENB URG Property Situate: Bay Avenue; Orient; Town of Southold, NY SCTM #: 1000 - 024 - 02 - 021 (Photo taken on duly 27, 2004) Photo indicating the approximate location of the proposed dock assembly off the southwestern section of subject property. Photo taken from the southwestern corner of subject property, facing northwest overlooking Orient Harbor. BAHRENB UR G Property Situate: Bay Avenue; Orient, NY SCTM #: 1000 - 024 - 02 - 021 Proposed Construction Access Route 02004 NAVTEQ Albc~rt J. Krupski, President John Holzapfel, Vice President Jim King Martin H. Garrell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P. O. Box 1179 Southold, New York 11971 Telephone (631) 765-1892 Fax (631) 76.%1823 Office Use only ~'~Coastal Erosion Permit Application X Wetland Permit Application Grandfather Permit Application_~n,n_ __Waiver/Amendment/Changes ~Received Applic~tio2:~~,~'~~ ~Received Fee:_~ .- ~ ~Completed Application~ Sout~oid 1own Bo~[d of Trgstees __Incomplete SEQRA Classification: Type I Type II Unlisted Coordination: (dateff~e~) ,''CAC Referral Sent: ~,4Date of Inspection: __Receipt of CAC Report: __Lead Agency Determination: Technical Review: _~ublic Hearing Held:~_ Resolution: -- Name of Applicant D. Clae~s Bahrenbur~ Address P.O. Box 250; Orient~ Phone Number( 631 ) 323 - 2446 Suffolk County Tax Map Number: Property Location: 11957 1000 - 024 - 02 Avenue; Orientt NX -021 (provide LILCO Pole AGENT: #, distance to cross streets, and location) Suffolk Environraental Consulting, Inc. Address: P.O. Box 2003 Bridgeham~ton, NY 11932 Phone Number: (631} 537-5160 Fax: #(631) 537-5198 of Trustees Ap~ GENERAL DATA Land Area ( in square feet) Area Zoning: Previous use of property: Intended use of property: : 11f 703 s~uare 'feet Private single family residence Same with proposed dockinq facility 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) : See &ttaohed Project Description. 2 of Trustees Ap~ WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Applicant proposes to construct a docking facility off the southwestern section of subject property in order to access the surface waters of Orient Harbor. Area of wetlands on lot: <0.01square feet Percent coverage of lot: <0.01% Closest distance between nearest existing structure and upland edge of wetlands: 34.0 ± feet Closest distance between nearest proposed structure and upland edge of wetlands: 0o0 ± feet Does the project involve excavation or X No If yes, filling: 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): No negative Impacts are anticipated due to the exlatenca of many dock assembllas of sImilar size and design, if not more substantial, that have yet to result In any form of Impact to the surrounding environment, Including the tidal wedencls fringe thereon. 3 Board of Trustees Ap~ )n COASTAL EROSION APPLICATION DATA N/A Purpose of Proposed Activity: Are wetlands present within 75 feet of the proposed activity? No Yes If Yes, how much material will be excavated? How much material will be filled? (cubic yards) (cubic yards) Manner in which material will be removed or deposited: Describe the nature and extent of the environmental impacts reasonably anticipated resulting from the implementation of the project as proposed. (Use attachments if necessary) 4 NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: D. Cl&e~s Bahrenburg SCTM # 1000 - 024 - 02 - 021 YOU ARE HEREBY GIVEN NOTICE: 1. That is the intention of the undersigned to request a Permit from the Board of Trustess to: Construct a private docking f&oilit~ off the southwestern section of subjeot property in ozdmr to a~cess the surface ~&ters of Orient Harbor. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: Bay Avenue, Orient~ NY 3. That the project which is subject to Environmental Review under Chapters 32, 37, or 97 of the Town Code is open to public comment. You may contact the Trustees Office at 765-1892 or in writing. The above referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNERS NAME: MAILING ADDRESS: Ci&exs Bahrenbur~ P.O. Box 250; Oxientr NY 11957 PHONE # (631) 323 - 2446 Enc.: Copy of sketch or plan showing proposal for your convenience. Name: PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Address: P?-~-~SE REFER to the ATT~.n ADDENDUM STATE OF NEW YORK COUNTY OF NEW YORK Matt D.Ivans - Suffolk EnvironmA-tal Consul~in~ Inc , residing at Newman Village; Main Street, Bridgehampton, NY , being duly sworn deposes and says that on the __ day of , 2004, deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Bridgehampton, that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this day of ~ 2004 Notary Public OXVNER'S ENDORSEMENT ('FO BE SIGNED IF APPLICANT IS NOT OWNI£R) STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: D. Claeys Bahrenburg._beiug duly sworn, deposes and says~ I reside at 15 East Putnam Avenue; Gle_e lwich. In tile County of Fa rfield._and the state of Connectic~uL__, and I am tile (owner iu the) (officer of the Corporatiou which is owner in Fee) of the premises described iu the £oregoing application and that 1 have authorized Suflblk Environmental Cousultint~,J!h)~:. to make the Foregoing application as described hereiu. Siguature I£ Corporation. name of corporalion and Officers Tille Ofhcer s T~tle Before me, fids 13 day of " Nota~' Public" LAUREN HAHD Notary Pub lc, State o! ~ ',?v York -No. o2. :.'. Oualitled in Su~! ...... ~:~ ~ L ~mmlsslon ~pires J,~: , ~', ~ Board of Trustees Application AUTHOR I ZAT I ON (where applicant is not tile owner) I, D. Claeys Bahrenb~irg residi[lq at: 15 Putnam Ave., Greenwich, CT 06830, do hereby anthorize Bruce A. Anderson, Suffolk Environmental Consulting, Inc. (Agent) to apply for permit(s) my behalf. from tile Southold Board of Trustees on 14-16-4 (9/95)-Text 12 617.20 PROJECT I.D. NUMSER ~ Appendix C .__J State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNMSTED Ac'noNs Only PART 1- PROJECT INFORMATION (To be compl6ted by Applicant or Project sponsor) ]. APPLICANT/SPONSOR 2. PROJECT NAME Suffolk Environmental Consulting, Inc. BAHRENBURG SEQR 3. PROJECT LOCATION: Municipality Town of Shelter Island County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc. or provide map) 220 Bay Avenue; Orient; Town of Southold, NY (SCTM #: 1000-024-02-021) 5. IS PROPOSED ACTION: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Applicant proposes to construct a private docking facility thereon. Please refer to the attached Project Description for reference. 7. AMOUNT OF LAND EFFECTED: Initially <0.01acres Ultimatei}' <0.0lacres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? []Residential E~lndustrial []Commercial []Agriculture []Park/Forest/Open space [~Other Describe: Private single family residences with related appurtenances, including dock assemblies. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENT AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes []No ff yes, list agency(s) and permit/approvals U.S. Army Corps of Engineers; NY State Dept. of State; NY State Dept. of Environmental Conservation approval. 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VADD PERMIT OR APPROVAL? [] Yes [] No If yes, list agency(s) and permit/approvals 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Yes [] No I CERTIFY THAT THE INFORMATION PROVIDED IS TRUE TO THE BEST OF MY KNOWLEDGE Signature:Applicant/sp°ns°r,//'~ef~'r'-n~vans~ - Suffolk Environmental Consulting, inc. Date: 8/5/2004 If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PROJECT DESCRIPTION for the BAHRENB URG Application Situate: 220 Bay Avenue; Orient; Town of Southold, NY SCTM #: 1000 - 024 - 02 - 021 Applicant proposes to construct a private docking facility off the western section of subject property in order to provide reasonable and safe access to Orient Harbor and water beyond. The proposed dock assembly will consist of the following: (1) Fixed Elevated Catwalk: 4.0' wide x 79.0' long =t=; supported by eighteen (18) six inch (6.0") q~ pilings; to maintain a minimum of 3.5' above the existing grade and a minimum of 2.5' above the plane of average low water; (2) Hinged Ramp: 3.5' wide x 15.0' long; (3) Floating Dock: 6.0' wide x 20.0' long; secured by four (4) eight inch (8.0") q~ pilings. All materials to be non-treated (i.e. Fir, Cedar, etc...) and ali hardware to be hot-dipped galvanized. SITE PLAN concermng the BAHRENB URG Propert3 Situate: Bay Avenue; Orient; Town of Southold, NY SCTM #: 1000 - 024 - 02 - 021 Prepared by: SUFFOLK ENVIRONMENTAL CONSULTING, INC. P.O. ]Box 2003; Bridgehampton, NY 11932 (631) 537- 5160 Date: July 29, 2004 - ~daptedfrom the survey of subject prOper~ prepared by JOHN C. Ei-ILER~, L.S. - SITE PLAN DETAIL Scale: 1.0" = 10.0' ± (TPG. B' in ler~gth]t ALW AHW SITE PLAN Scale: 1.0",= 30.0' ± Existing-Piling eawall DOCKING ASSEMBLY site plan del=Il) ": :urbing ,..% ALW -AHW CROSS - SECTIONAL PLAN Scale: 1.0" = 10.0' ± ~nged Ramp: Fixed Elevated Catwalk: : AHa. · Floating Deck: 20,0~ "t L~ngtb into O~ient Harbor: 1:00.0~ * Overall length: HO0~ t PROJECT NARRATIVE: Applicant proposes to construct a private docking ~cllJty off the western section of subject property in orde~ to provide reasonable and safe acceas to Orleat Harbor and wate-a beyond, The proposed dock ~sembly will consht of the fi}llowlng: (1) Fixed Elevated Catwalk: 4.0' wide x 79xr Icag ~; supposal by gighteen (I 8) aix inch (6.0") ep plllaga; to malnmln