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HomeMy WebLinkAboutTR-5634Board Of $outhold Town Trustees SOUTHOLD, NEW YORK PERMIT NO ..... DATE: ..~ep.t. Pursuant to the provisions of Chapter 61S of fha Laws of the State of New York, 1893; end C, hepfer 404 of Se Laws of the State of New York 19S2; and Se Souflmld Town Ordinance em tiffed ."RE-~ULATIN~o AND THE PLAC~IN~o OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, ~oRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;!.!. and in accordance Resolution of The B6erd adopted afa meeting held on ....S..~t~.t..~.. .~-0(~.~...., and in consideration of the sum of $.-...~00.,.00... paid by ..~r~p~.~7....$~r~i~e~., .on...b.eh~lf .o£...$tever,...I~.~m ........................... of ... ~utcl~og.~ ................................... N. Y. and subject fo ~rhe Terms end Conditions IJ~ed on ~ne reverse side hereof, of Soufhold Town Trudees eufhorlzes and permif~ fha followlna: Wetland Permit to construct additions to existing house structure - mctudes thre,: se. ctiotls 14'x27.8' extends east 7'x65.4' located along back north aide ofe~isting structure 4'x9' front - southside ofexistingstmcture, with the condition that haybales -during construction 20 feet from the bulkhead - gutters and leaders - plans placed on a surx,ey - ell in accordance wlfh the detailed specifications es presmlf'ed in ~he originating application. IN WITNESS WHEREOF, The said Board of Trustees here- [~ causes ifs Corporate Seal to be affixed, end fhese ~esenfs fo subserved by a'mejodfy of fha said Board as of this daf~. TERIdS and CONDITIOiqS 2. That rids Pemslt b' ~did brm .perlod of ~. mo~ ~Ich b eonsfde~f to he the for ~m _,-.~-~d<)a m~y be made ~o the Board et · ~. ~ ~ Pem~t dmuld be ~ imlef~iedy, or ss ~ ~s d~e hid Pemim~ wbbes m ,-,*;,,,~;,, the st~cm~ o~ pmjec~ ia~cdved, to provide evl6mce to ~ mummed Tht Ihe work involved will be ml~ect !o the inspection and al~ of the ]kMml er ami =o[~ompIboco with.the proy~om ~ d3e ee~fom~ efJg~--~'~ioa, mt7 be cruse for & '~'b~ttbesaJdl~NKdwillbenotifJedbytbePetmk~eotd~cainq]leda~.(~dSl~W(MCnm~-- 9. Tl~t the Permittee will obtain nH other p'~d~ and comenls d]at may be ~iq~xI mP- plemental m d~s pemdt ~ m~y be subject to tevo~ upoa f~t'e m oixaM sam~ Alber~ J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765~1366 July 21, 2004 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. James E. Fitzgerald, Jr. Proper-T Permit Services P.O. Box 617 Cutchogue, NY 11935-0617 RE: STEVEN KRAM 100 WEST LANE, SOUTHOLD SCTM#88-6-12 Dear Mr. Fitzgerald: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed., July 21, 2004: RESOLVED that the Southold Town Board of Trustees grants a One-Year Extension to Permit #5634, as issued on September 25, 2002 and amended on July 23, 2003. This is not an approval from any other agency. If you have any questions, please do not hesitate to contact this office. Sincerely, President, Board of Trustees AJK:lms Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD July 25, 2003 Mr. James E. Fitzgerald, Jr. Proper-T Permit Services PO Box 617 Cutchogue, NY 11935 RE: $CTMg88-6-21 100 West Lane $outhold, NY $teven Kram Dear Mr. Fitzgerald: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, July 23, 2003. RESOLVED, that the Southold Town Board of Trustees Approve an Amendment to Permit 5634 to construct 4 foot high mesh deer fence around the property beginning 15 feet landward of the existing bulkhead - construct 4'x4' platform and stairs to beach on the.seaward side of the existing bulkhead per project plans by Proper-T Permit dated July 1, 2003 If you have any questions, please call our office at 765-1892. Sincerely, Albert J. Krupski, Jr. President, Board of Trustees cc: DEC A/K:cjc 11-,7' vIND- / / / / : le Telephone (631) 765-1892 Tv-,,, Hall. 53095 Main Road P.O. Box 1179 Southold. New ¥ot'k 11971. $OUTHOLD TO~N CONSERVATION ADVISORY COUNCIL At the meeting of the Southold Town Consemation Advisory Council held Tuesday, July 15, 2003, the following recommendation was made: Moved by Bob Ghosio, seconded by Nicholas Dickerson, it was RESOLVED to recommend to the Southold Town Board of Trustees DISAPPROVAL of the Amendment application of STEVEN KRAM to Amend Permit #5634 to construct a 4' high mesh deer fence around the property beginning 15' landward of the existing bulkhead and APPROVAL WITH A STIPULATION of the Amendment application to construct a 4'X 4' platform and stairs to beach on the seaward side of the existing bulkhead, Located: 100 West Lane, Southold. SCTM#88-6-12 The CAC recommend~ Disapproval of the application to construct a 4' high mesh deer fence because the CAC doesn't want to see fragmentation of the wildlife corridors along the wetlands, The CAC recommends Approval of the application to construct a platform and stairs with the condition of a 15' non-turf buffer. Vote of Council: Ayes: All Motion Carried Telephone (631) 765-1892 Tovm Hall., 5309.5 Ma. in Road P.O. Box 1179 Southold. ~w York 11971 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL At the meeting of the Southold Town Conservation Advisory Council held Monday, September 23, 2002, the following recommendation was made: Moved by Drew Dillingham, seconded by Bob Ghosio, it was RESOLVED to recommend to the Southold Town Board of Trustee.~~of the Amendment Request of STEVEN KRAM to Amend Permit #5498 to extend ~[h-~'l'Elt~· further than the expa~.:. ,. Located: 100 West Lai~i~,'~"Eb'thold. ~CTM#88-6-12 Vote of Council: Ayes: All Motion Carried Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 September 23, 2002 (631) 734-5800 President Board of Town Trustees Town of Sonthoid Town Hall, 53095 Main Road Southold, New York 11971 Re: Application of Steven gram; SCTM # 1000-88-6-12 Dear Sir: -, SEP 2 3 [ was notified on Friday, 9/20/02, that our application fur an a~t to Tmstecs' Permit No. 5948 was not acceptable. The proposed project was "ton extensive" and therefore required a "full permit". Because of that, I was told, it would not be possible fur the project to be the subject of a public hearing at the Trus- tees' meeting scheduled for Wednesday, September 25, 2002. My client and I take strong exception to the Trustees' decision to deny the project a public hearing at the Sep~nber 25t~ meeting. The reasons for our position are as follows: · Thc required sign posting and mailing of notice to adjacent property owners was performed as re- quired and in exactly the same manner as if the application had been for a "full permit", except that the word "amandrnent" was used in the project description.. · The required notice was published in the Suffolk Times in exactly the same maoner as if the appli- cation had been for a "full permit", except that the phrase "Amendment to Permit #5498" was in- elude& · Frequently in the past public hearings have been held by the Trustees at which the project acted upon differed in material ways bom the project described in the published notice. In this case there is no difference, material or otherwise, between the project as an amendment or as a "full permit". · The information provided to the Trustees which resulted in the issuance of P~afit No. 5498 is on- changed with the exception of a new Project Plan, which was submitted with the application for an amendment. However, a complete new set of documents is being submitted herewith, together with the "full pra,,;t" fi~e less that already paid with the amendment application. We urgeatly request that you reconsider your decision to delay the public hearing on this project. All the elements are in place; no one with any interest in the project would decide not to attend the meeting bo- cause the project was described as an amendment rather than as a "full permit". s erely, I roes E. Fitzgerald a subsidiary of THE PECONIC EASTERN CORPORATION Pr. oper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-580O September 23, 2002 President Board of Town Trustees Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 SEP 2 3 2002 Re: Application for Pe~,~t on BehalfofSteven Kram; SCTM #1000-88-6-12 Dear Sir: Attached are documents which have been prepm~ in support of the application for a permit to expand the existing dwelling on the propert7 of the Kram Family Trust, Steven Kram Trustee; and Shirley Kram in the Town of Southold. Proper-T Permit Services represents the owners in this matter, and a letter of authorization is in- cluded as part of this submission. If there are any questions, or if additional information is needed, please call me. Enclosures: ~ Application Fee ($200, less $40 previously paid) Letter of authorization Notarized Statement Survey of Property Application Form (3 copies) Short EAF (3 copies) Vicinity Map (3 copies) Tax Map (3 copies) Project Plan (3 copies) ~s E. Fitzgerald,~ a subsidiary of THE PECONIC EASTERN CORPORATION Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Soutbeld, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 April 30, 2002 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. James E. Fitzgerald, Jr. Proper-T Permit Services P.O. Box 617 Cutchogue, NY 11935 STEVEN KRAM 100 West Lane, Southold SCTM#88-6-12 Dear Mr. Fitzgerald: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, April 24, 2002 regarding the above matter: WHEREAS, Proper-T Permit Services on behalf of STEVEN KRAM applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated January 31, 2002, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on April 24, 2002, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure does not comply with the standards set forth in Chapter 97 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees DISAPPROVE the application of STEVEN KRAM to construct a 4'X 57' fixed dock with four 2-pile dolphins for mooring, because the project would monopolize the public bottom and cause damage to the enviroment. 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. Fees: None Very truly yours, Albert J. Krupski, Jr. President, Board of Trustees AJK/lms DEC ACE Dept. of State Application off Steven Kram, SCTM #1000-88-6-12 March 21, 2002 FULL ENVIRONMENTAL ASSESSMENT FOR~. Part ID. Informational Details "If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them." AIO: This question was answered in the affirmative simply because the project extends into the waters of the Bay. It is unlikely that finfish of any variety would be found in the immedi- ate area of the project before its construction. Shellfish (clams) may be present as they are along many of the shores throughout the Town. The project site, however, is not unique in any way from the standpoint of its nature as a possible fin- or shellfish habitat, and the pres- ence of the proposed dock will not interfere with the potential of the immediate project area in this regard; it may, in fact, make the area more hospitable to fin- and shellfish. With re- gard to the possible effect of the structure on finfishing, it again is unlikely that either water- borne or landbound fisherman would be interested in fishing in the immediate project area. If there was such interest, it would not be difficult for them to avoid the structure, since as has been stated, the immediate project area is not unique. Sbellfisherman, if they had any interest in the project area, would not be deterred by the presence of the dock. It would not be diffi- cult to maneuver around it either in the water or on land, depending upon the state oftbe tide. Al4: Some residems of the neighboring Angel Shores subdivision, which owns land adjacent to the project site, have stated that a dock on the Kram property would spoil their view of the Bay. Every effort has been made, and will continue to be made, to keep the project mini- mally intrusive visually by having it built as low as is practical. In addition, the length has been kept to the absolute minimum that will provide reasonable docking for a small boat. In addition, although this does not go directly to the appearance of the dock, the proposed loca- tion and design of the structure is such that passage way is provided above the high water mark between the landward end of the dock and the existing bulkhead, rlhis has been done to make easy passage along the beach possible at all stages of the tide. With regard to the view, there is no doubt that it will be different with the proposed project in place, but the total ef- fect of the dock in such a wide and panoramic view will certainly be minimal, especially for viewers at or close to the shoreline as would be so in the present case. It should further be recognized that in response to comments from the few Angel Shores residents, the dock has been moved as far as possible to the western side oftbe property to further reduce its effect on the view. Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 March 21, 2002 President Board of Town Trustees Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Re: Application of Steven Exam; SCTM #1000-88-6-12 Dear Sir: As was requested at the 3/20/02 public hearing concemin~ this application, a Full Environmental Assessment Form, with a completed Part 1, is provided herewith. A separate page responds to the request in Part ID for informational details. I am most anxious to see the Board's completed Part 2 as soon as it is available. If you need anything else, please call. ames E. Fitzger~ Jr. a subsidiary of THE PECONIC EASTERN CORPORATION SEQRA RESOLUTION RE: STEVEN KRAM SCTM#88-6-12 Resolved by the Board of Trustees of the Town of Southold that the application of Steven Kram, more full described in the public hearing section #13 of the Trustee agenda dated Wednesday, March 20, 2002 is, pursuant to the SEQRA rules and regulations, is declared an Unlisted Action; and be it Further resolved that the applicant is required to submit a Long Environmental Assessment Form (LEAF); and be it Further resolved that upon receipt of the LEAF the Clerk of the Trustees is hereby directed to commence a coordinated review pursuant to SEQRA. Proper-T Permit Services P.O. Box 617, Cutchogue NY 11935 Phone: 631-734-5800 Fax: 631-734-7463 MEMORANDUM TO: FROM: SUBJECT: DATE: Trustees James E. Fitzgerald, Jr. Steven Kram, SCTM #1000-88-6-12 March 18, 2002 In order to resolve the concerns of the Angel Shores Homeowners Association, we have moved the proposed dock to the western side of the property, away fiom the Association beach~ Five copies of the revised Project Plan (3/8/02) are attached. Also attached are five copies of''Notes Concerning Steven Kram Application", dated 2/20/02. I would appreciate it ifa copy of the "Notes" could be provided to each Trustee before the meetillg. February 20, 2002 NOTES CONCERNING STEVEN KRAM APPLICATION 1. DEC regs state that a single open pile catwalk and/or dock in the SM (coastal shoals, bars and flats) area is a generally compatible use and may be permitted by the DEC. o Chapter 97 does not make any distinction between the creeks of the Town and the open Bay with regard to the construction of water-related structures; the "open Bay" is not even mentioned. A structure that would be permitted in a creek should be permitted on the open Bay, all other things being equal.. The idea of restricting structures from a given area because other structures do not already exist in the area is not a valid concept, just as is permitting them because others do already exist. The Trustees have repeatedly stated that every case is different and each must be treated individually on its own merits. 4. The project is acceptable under 97-28 of the Town Code. 5. A condition of no future expansion could be imposed in the permit. 6. A condition of mandatory removal after a certain period of disuse could be imposed in the permit. Although there are relatively few other docks on the open Bay, there are many groins and jetties on the open Bay throughout the Town. The proposed dock would be no more visu- ally intrusive than these groins and jetties. The open Bay is not visually pristine. Further, "in seasoft' there are many boats moored along the hayfi'ont throughout the Town and we are not concerned by their visual impact. We are, at, er all, a waterfront community and one expects to see jetties, boats and docks. 8. Within recent years, significant open Bay development with water-related structures has been permitted on Robins Island and in New Suffolk. 9. The Trustees' concern with a dock's structural adequacy in a given location should be limited to acting in an advisory capacity since no applicable design criteria exist. 10. It seems obvious that a given structure would have much less potential for adversely af- fecting environmental factors if it were on Southold's open Bay than if it were on one of the Town's creeks, and yet the Trustees are considering denying the application for this structure merely because it is on the open Bay. ~ ,~ SURVE'f' OF PROPERT'r' SI'FI)ATE-' BA'r'MIEI~I TOI4N-- 50UTHO~ 5t,FFOLK ¢_.,OI~TY, N'r' SURVEYED 11-14-02, 01-21-0~ r::~FFOLK COUNTY TAX ~ 1000-88-~-12 CERTIFIED TO: STEVE KRAbl NOTES: P~CoNiC · MONIJHENT FOUND · STAKE FOUND AREA : 15,18~ SF OR 0.~ ACRES PARCEL LIES ENTIRELY IN FEIIA FLOOD) ZONE AE (ELS) HAP ~ D,~IO~COI~8 ELEVATIONS SHOI~IN REFERENCE N~VD'2q REFERS TO DRT t'tELLS INSTALLED) FOR ROOF RUN OFF, ¢aUTTERS AND LEADERS REQUIRED THROtI,.~HOUT ®P-.APHIC 'SCALE I":DO' N JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.-\'ffIp server~d~PROS\01-304C.pro Albert J. Krupski, President James King, Vice-President Attic Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD October 8, 2002 Mr. James E, Fitzgerald, Jr, Proper-T Permit Services PO Box 617 Cntchogue, NY 11935 RE: SCTM# 88-6-12 Steven Kram 100 West Lane Southold, NY Dear Mr. Fitzgerald: The following action was taken by the Board of Town Trustees during a Regular Meeting, held on September 25, 2002, regarding the above matter. WHEREAS, Proper-TServices on behalf of Steven Kram applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated September 24, 2002 WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on September 25, 2002 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 structure complies with the standard set forth in Chapter 97~18 of the Southold Town Code. WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town. NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approved the application of Steven Kratn for a Wetland Permit to construct additions to existing house structure - includes three sections 14'x27.8' extends east 7'x65.4' located along back north side of existing structure 4'x9' front - south side of existing structure, with the condition that haybales -during construction 20 feet from the bulkhead - gutters and leaders - plans placed on a survey - 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. Fee must be paid, if applicable and permit issued within six months of the date of this notification. If inspections are required, at a fee of $5.00 per inspection (See attached schedule). FEES: None VeE? truly yours, Albert J. Krupski, Jr. President, Board of Trustees AJKicjc cc DEC THE SHADED AREAS~RESENT THE PROPOSED ADDITIONS WHICH ARE 'filE SUBJECT OF THE PRESENT AMENDMENT APPLiCATiON. THERE ARE THREE: ONE tS 7' x 65.4', ONE IS 14.' x 27.8', AND ONE iS 4' x 9'. ------ D B' x 13' F...XTENStON WAS APPROVED THIS PROPOS~ ,--~-,,,,"r 5498 DATED 2/21102. THE TRuSTEEo tN pc:m,-,- NO. ~. HOUSE_ A-~lication regarding the property of Steven Kram, $CTM #1000-88-6-12 Rt~pres~ted by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogu~, NY 11935 516-'/34-5800 JameS E. Fitzgerald, Jr. Revised July 8, 2002 205 Llncolr~ Street, P.O. Box 1308, Rivarhead, New York 11901 tel/fax: 631 4274346 · e-mail: bsykeeper@l~amptons.c~rn Piebald BayKelpel' Xevi~ McAiiister February I 1, 2002 Via Facsimile and U,S, Mail Exclusive to the Southampton Press Mr. Joseph Shaw The Southampton Press I]5 Windmill Lane Southanlpton, NY 11968 [)ear Mr. Shaw, In response to the February 7, 2002 article "Trustees Reedy to Ban CCA" Z would like to clarify my position on the issue. I support the ban on CCA and applaud the Board of Trustees for taking this positive step. Although the ban on CCA in our waters will certainly decrease trace pollutants such as copper, chromium and arsenic and is an important action to improving water quality, this admirable effort will be minimized lC we do not take steps presently toward addressing file larger more serious problem, The accelerating loss, degradation and fragmentation of critically imlaortam tidal wetlands and other fringe habitats resulting from the increasing number of bulkheads and docks poses the more serious threat to the long-term health and productivity of our bays. On natural shorelines, wave energy is effectively dissipated. In contrast, the placement of bulkheads cause approaching waves to be reflected back offshore, resulting in the erosion ofthe shoreline. Over time, the continual deepening of the neaxshore bottom results in the disappearance of the intertidal zone, the area between high and Iow tide that is a critical component to the health and productivity of the system. The cumulative impacts from docks can include the fragmentation of habitat, the loss of valuable submerged vegetation as result of structural shading and propeller dredging during vessel maneuvering in nearshore waters. The Board of Trustees is charged with the enormous responsibility to protect and preserve the viability of surface waters, bottomlands and natural shoroline$ for th~ greater public interest, i applaud the Board's commitment to resource protection but feel the current poli~ies and permitting criteria established for dock and bulkhead construction may not be adequately addressing the deleterious and cumulative impacts these structures are havi~lg on the estuarine system. Moreover, the public's riBht to have unobstructed access along its shorelines is subtly being eroded. STRIVING TO PRESERVE OUR BAY HERITAGE P.02 Joseph Shaw February I1, 2002 Page 2. [ respectfully urge the Board to again bc proactive through the thorough reevaluation of thc policies and criteria governing the construction of all shoreline structures. I recommend that the following interim and long-term legislative actions be considered: · Temporary one-year moratorium on new dock and bulkhead permits while new IcgJslative actions are being considered and codified. · Thorough evaluation of the impacts to natural resources associated with the placement of permanent versus seasonal structures. · Assessment and classification of all shorelines and bottomiands for the purpose of establishlng management zones to reduce the impacts from shoreline hardening structures. · Establisl~nent of more stringent permitting criteria, · Legislative action that affirms a prohibition of all shoreline hardening structures (including geotextile sand tubes) on shorelines that have not be,m previously armored. I recognizc that thc legislative management actions suggested will unquestionably be in conflict with perceived property rights and prove to be a challenging initiative. However, lhis is s crltlcaIly important management action that requires irmncdiatc attention, h~ thc interest of greater protection, we need lo seize this narrowing window of oppoi'tunity. cAlhster /~econic Baykeeper Proper-T Permit Services POST OFF/CE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 April 29, 2002 President Board of Town Trustees Town of Southold Town Hall, 53095 Main Road Southold, New York 11935 Re: Application of Steven Kram; SCTM # 1000-88-6-12 Dear Sir: Please provide us with copies of the minutes of the public hearings held concerning this applica- tion on February 20, 2002; March 20, 2002; and April 24, 2002. In addition, please provide the written denial of the application setting forth the reasons for the denial> as stated at the April 24, 2002 public heating, at your earliest convenience. If you will let me know when the documents are available, I will pick them up at the Trustee of- rice. a subsidiary of THE PECONIC EASTERN CORPORATION The conservancy® Saving the Last Great Places Structural Alteration of Estuarine Shorelines: Annotated Bibliography By David Edelstein · , 2 Structural Alteration of Estuarine Shorelines: Annotated Bibliograohv 1. Literature Review What follows is a review of the readily available literature concerning the effect of man- made shoreline structures on estuarine habitats and shorelines. In this case, "readily available" usually means that this literature is published. A casual survey of bibliographies suggests that a great deal of the commentary regarding shoreline structures is contained within government documents, often sponsored by state environmental and natural resource departments. Many of these documents are more in the nature of policy or reasoned deductions about the impacts of shoreline structures than scientific studies, and they are usually only available from the sponsoring agency, if they are still in print. Even the published literature tends to be qualitative rather than quantitative. Most of the studies reviewed below arc observational, in that it is usually not possible to manipulate natural areas so that one represents a true "control" while others represent strict test treatments. More typically the studies involve observations of adjacent areas, one affected by a shoreline structure and one in a more natural condition. The enormous variability and sources of variation between natural areas make such studies different from the more typical "control/test" science model, however. An important impact of shoreline structures that this review does not address is that most structures increase the opportunity for boating. Boating carries with it a number of impacts, including abrasion of the sediment, damage to seagrass beds, disturbance of wildlife, and release of contaminants to water bodies. While these effects are not discussed here, they should be considered when evaluating the individual and cumulative impacts of shoreline structures. The studies discuss a surprising range of effects. These include physical impacts on shorelines, chemical changes in sediments, and impacts on estuarine vegetation, fish, and benthic organisms. The literature reviewed here suggests that almost any artificial structure inserts an alien physical presence into the environment, and that this object produces an ecologically distorting effect. Bulkheads produce the most profound physical effects of any of the small shoreline structures, which include piers, pilings, and floating docks. The major effect is scour, which is discussed in Chu 1985, Jackson 1996, NMFS 2001, and Niedowski 2000. Scour occurs when wave energy is focused by the hard surface of the bulkhead in a way that causes sediment to be removed from the base, or toe, of the bulkhead. This can lead to loss of the beach in firont of the bulkhead (Douglass and Pickel 1999), and for this reason Nordstrom (1989) recommends that their use be confined to highly erosional areas with narrow beaches, where the loss could be considered minor. However, even this minor loss has an impact on the ecosystem, in habitat loss, and on society, in loss of shoreline passage (Douglass and Pickel 1999). Douglass and Pickel (1999), noting that the wave climate in estuaries is more conducive to long-term sand placement, recommend beach nourishment as a way of restoring estuarine shorelines damaged by bulkheading, Bulkheads can prevent erosion of upland material on to the shore (Zabawa et al. 1981). If the upland material was required to maintain the beach, then this can contribute to accelerated beach loss. However, Nordstrom (1989) points out that is the upland material is fine grained, it contributes to bay sedimentation and turbidity when eroded. In areas where home development contributes to accelerated erosion of this material, bulkheads can prevent excess sediment from reaching the bay or estuary. Bulkheads can also interrupt the flow of groundwater to marshes (Thom and Shreffier 1994). This can affect water salinity and other water chemistry measures in the marsh itself. The scouring effect of bulkheads can have more subtle consequences as well. Shore width and heights may be changed, and sediments may become coarser as they are moved by higher velocity water (Jackson 1996). As a result, habitat areas may be scoured away. Habitat areas mentioned in this context include fish spawning areas (Jackson 1996) and meiofauna settling areas (Spalding and Jackson 2001). Doody (1996) defines an "estuarine squeeze" as a situation where a marsh is backed by a bulkhead and faced with a rising sea level. In this situation, marsh is lost as it is inundated by rising water but cannot migrate landward because of the bulkhead. Ultimately, the marsh is replaced by shallow or even deep water. Jennings et al. (1999) indicate that lake environments in front of retaining walls are often simplified habitats of unnaturally deep water. However, Thom and Shreffier (1994) correctly point out that this is not habitat loss, but habitat change, which has more subtle and complex effects. Structures that produce changes in tidal regimes, including tide gates, causeways, and bridges, also cause chemical effects in tidal marsh sediments (Pormoy and Giblin 1997). As the soil dries and aerates, it acidifies, sometimes dropping to a pH of less than 4. Organic matter in the soil decomposes rapidly in the presence of aerobic bacteria, releasing carbon dioxide and lowering the marsh surface. Commercial shipping docks which interfere with tidal flushing can be restored to useful habitat, but are likely to require management that prevents stratification and anoxia (Russell et al. 1983). Given that movement of water usually controls the movement of oxygen as well, different flow regimes can have a tremendous impact on water quality. Hendry et al. (1988) indicate that anoxic conditions and other water quality issues are what prevent disused British docks from being turned into habitat areas. Authors dealing with physical and chemical effects of shoreline structures listed in this bibliography include: Chu 1985, Jackson 1996 NMFS 2001 Zabawa et al. 1981, Anisfeld et al 1999, Doody 1996, Douglass and Pickel 1999, Hendry et al. 1988, Jackson 1996, Jackson and Nordstrom 1992, Nordstrom 1989, Twu and Liao 1999, Portnoy and Giblin 1997, and Russell et al. 1983 Perhaps the most studied impact of shoreline structures on a biological factor is the effect of dock shading on aquatic vegetation. (Colligan and Collins 1995, Kearney et al. 1978, Loflin 1995, Ludwig et al. 1997, Niedowski 2000, Sharer 1999, Short and Echeverria 4 1996). Submerged aquatic vegetation (SAV), in particular, is extremely light sensitive, and the amount of light passing through the water column may be the most important factor in determining where SAV can grow (Backman and Barilotti 1976, Cambridge et al. 1986, Fitzpatrick and Hirkman 1995). Sharer (1999) found that docks could cut total irradiance to less than 20% of natural, unshaded areas. Both marsh plants and SAV under docks showed sign of etiolation and reduced density (Colligan and Collins 1995, Keamey et al. 1978, Shafer 1999, Loflin 1995). The presence of docks can also have a distorting effect on the seagrass community and those organisms that depend on it (Loflin 1995). Loflin (1995) found that shading caused changes in seagrass species and in the type and abundance of epiphytes in Florida waters. Dock related damage is not confined to shading, however. Short and Echeverfia (1996) include docks in the catego~ of"mechanical damage" to SAV, which also includes such boating impacts as propeller scouting and boats and mooring chains scraping the bay bottom. Boating impacts are not dealt with in this bibliography, but most shoreline structures are built to facilitate boat use, and boating impacts should not be overlooked. In a case study, Ludwig et al. (1997) found that the presence of a large boat dock in Lake Montauk had resulted in damage to bottom habitat some twenty times the area of the dock itself, including damaged or extirpated SAV and gouging of the bottom sediments. Some of this damage was caused by dock shading, but there was a great deal of mechanical damage due to a float that hit the lake bottom and "propeller dredging." Part of this damage resulted from an overall design based on a reported mean low water depth of 4 feet when, in fact, the mean low water depth was 2 feet. Other changes in primary production may not be directly connected with shading. Development may lead to eutrophication, either due to runoff from housing developments, changes in tidal flushing, or both (Corliss and Trent 1971). In situations where an artificial structure replaces a similar substrate, total primary productivity may be little affected (Ianuzzi et al. 1996). However, different substrates in different orientations may attract a wholly different algal community 0VlcGuinness 1989). The impacts of changes in the algal community structure apart from changes in primary productivity are not well defined, however. Authors dealing with the effects of artificial structures on vegetation include: Colligan and Collins 1995, Corliss and Trent 1971, Keamey et al. 1978, Loflin 1995, Ludwig et al. 1997, McGuinness 1989, Niedowski 2000, Roman et al. 1984, Shafer 1999, and Short and Echeverria 1996. Effects on benthic organisms has been relatively little studied, but the available studies raise interesting questions about relationships between a biological community and the abiotic habitat, and the importance of maintaihing a nearly natural assemblage of benthic organisms. The only paper reviewed here dealing with outright loss of benthic organisms is Spalding and Jackson (2001). This one day study reported that scouring in front of a bulkhead placed low on the estuarine shore profile had reduced meiofaunal numbers in front of the bulkhead; in essence, the meiofauna had been removed with the sediment. This effect was not observed in front of another bulkhead placed higher on the profile. Perhaps a more interesting effect from the ecological point of view are studies that show how artificial substrates can contribute to distortions or changes in the naturally occurring benthic community. Glasby and Connell (1999) found that artificial substrates attracted a different community of sessile organisms than did natural substrates. The effect was noticeable even when artificially placed blocks of sandstone were compared to a naturally occurring sandstone ledge in the same bay. They conjecture that the close placement of artificial substrates one to another, as occurs in pilings, could encourage the movement of invasive species or communities. The invasive species would only have to travel short distances from one artificial substrate to the next, while naturally occurring organisms that could not use the substrate would be left behind. Karlson (1978) found a similar effect on pilings in North Carolina. Predacious organisms often removed all but two fouling species from the pilings, allowing those two species to dominate in an environment where they were normally uncommon. The pilings, in essence, produced an unnatural symbiosis between the predator and the species it would not eat. Reish (1961) examined the issue of ecological succession in a newly built marina, and found that the marina community remained different from surrounding benthic communities in natural areas. Although this was not explained, it seems likely that the marina environment was different enough to confer a competitive advantage to species not favored in natural areas. Thom and Shreffier (1999) describe the expected succession that occurs as intertidal shoreline in Puget Sound is transformed to deep water and hard substrate in front of a bulkhead. In this situation, an eelgrass/small crustacean community gives way first to an Ulva/bivalve community. This is followed by a community of isopods and amphipods. With further change, these are replaced by barnacles and and rock-boring bivalves, ending with barnacles and seaweeds. The estimated time for this succession in Puget Sound is approximately 20 years. The impact ofbulkheading on commemial bivalves is less clear (Thom and Shreffier 1994). Although increased wave energy and erosion may reduce settling, some species are able to make use of the coarser sediments left behind in front of bulkheads. The impact on species that occupy deeper water is also uncertain. Authors examining the effects of shoreline structures on benthic organisms include: Glasby and Counell 1999, Karlson 1978, Reish 1961, Thom and Shreffier 1994, and Spalding and Jackson, 2001 Fish are highly mobile, and may not seem so tied to a particular habitat that they would be affected by shoreline structures. However, papers reviewed here suggest that they are. Fish often make use of nearshore waters for foraging or refuge, and changes caused by the placement of structures can ruin these areas for fish. Duffy-Anderson and Able (1999) and Able et al. (1999) demonstrate that areas under very large piers have a negative impact on fish growth and feeding. The piers in these studies deal with very large municipal piers, however. Small private piers and docks might not produce measurable 6 effects. Some fish also avoid shaded areas (Able et al. 1998), and this can affect the migratory patterns of certain fish, as has been shown for salmon on the west coast (City of Bellevue 2000). Harm at the population level has not yet been shown to result from these changes in migratory movements. One of the most interesting presentations of the cumulative impact of shoreline structures on fish in that of Jennings et al. (1999). The authors point out that the addition of a single artificial structure to a natural shoreline does increase habitat diversity at a local level, and may provide certain oppommities for the fish species that can use that habitat. However, as artificial structures take over a shoreline, there is a cumulative impact in that the artificial habitats resemble each other more closely than do stretches of natural shoreline. In the end, the impact of structures is to reduce habitat and species diversity on the scale of the water body. The authors also point out that due to time lag and indirect spatial effects, it would not be possible to identify a single structure as the one that had the ecological impact; rather, the cumulative impact must be managed for the water body as a whole. This can present a regulatory problem. Juvenile fish especially make use of shoreline vegetation and shallows as a refuge from predation. Structures, especially bulkheads, often eliminate these habitats. This carries the risk that predators could wipe out the prey base, leading to the ecological collapse of an enclosed water body. Bryan and Scamecchia (1992) noted that juvenile fish in a lake in Iowa were found in greater abundance near natural shorelines, making use of the vegetation as a refuge. Gotceitas and Colgan (1989) carrried out a laboratory experiment designed to determine if there is a threshold level of vegetation density that 1) reduces predator success; and 2) is more attractive to prey species. They found that prey species preferred vegetated habitat that was denser than required to foil predators. This provides an important connection between the shoreline simplification and vegetation removal caused by artificial structures and a real impact on fish survival (City of Bellevue 2000). It is not surprising that salt marshes are fish nursery areas (Weinstein 1979), and it can be expected that damaging these areas will ultimately limit adult fish populations. Several fish species use the intertidal area for spawning (Thom and Shreffier 1994). Transformation of sandy substrates to hard surfaces in front of bulkheads makes these areas unsuitable for spawning. Thom and Shreffier (1994) discuss this problem in relation to west coast fish species, and the effect on local species is less documented. Ties to a particular habitat can also affect another highly mobile group of creatures, the sea turtles. Bouchard et al. 1998 tested whether the presence of piles emerging from the surface of a beach would affect turtle nesting. They found that nesting was significantly reduced compared to adjacent control beaches and the same beach with the piles removed. The possibility that shadows from the piles could affect hatchling orientation was raised as an area for future research. Authors dealing with the impacts of structures on fish, turtles and their habitats include: Able et al 1998, Able et al 1999, Beauchamp et al 1994, Bouchard et al. 1998, Byrne 1997, City of Bellevue Washington. 2000, Duffy-Anderson and Able 1999, Hendon et al. · 2000, Hendry et al. 1988, Jackson 1996 Jennings et al. 1999 Lindeman 1989, Simenstad et al. 1999 One paper reviewed here develops a methodology for evaluating the cumulative impact of shoreline structures. Macfarlane et al. (2000) considered nine factors and graded 26 areas around a bay in Massachusetts to assess their sensitivity to shoreline development. Although qualitative and simplistic, the method worked well enough to identify several areas that would suffer disproportionate environmental impacts if small, private docks were installed. Past studies, especially Mulvihill et al. (1980), examined the impacts of particular structures, but did not offer an approach to evaluating their impacts. It may be appropriate to evaluate the Macfarlane et al. (2000) system in the field on Long Island. Titus (1998) proposes a legal strategy that may limit property owners' right to armor the shoreline without causing a constitutional "property takings" crisis. He proposes a system of rolling easements that would avoid the conflict between property owners' rights and the public interest in tidal lands, using the extended time of erosional loss to make compensation affordable. Authors dealing with regulatory issues include: Macfarlane et al. 2000 and Titus 1998. Certain concerns that are often mentioned in relation to small shoreline structures were not discussed in the papers reviewed here. The concerns seem reasonable, or even probable, but they are not necessarily supported by science or even confirmed observation. One such concern is that docks that cross marshes will facilitate predation on species such as waterfowl that nest on the marsh. The presumption is that such species as raccoons or foxes, normally upland predators, or predatory birds that perch in trees or on pilings, will take advantage of the dry walkway to gain access to nests. One paper (City of Bellevue 2000) went so far as to indicate that the authors had looked for evidence of increased predation in the literature, but had found nothing. Another concern is habitat fragmentation. It seems clear that a wooden structure crossing a grassy wetland at some elevation above the marsh surface separates marsh sections on either side in a way that is not natural. Identifying impacts of this change, and when they become noticeable, does not appear to have been done. One of the species that might be affected by this sort of fragmentation is the northern harder, as it cruises back and forth over the marsh looking for prey. However, it is not clear that harrier predation success is harmed, or even affected, by these wooden structures. An additional question is the impact of shoreline structures on local species of fish and waterfowl. Many of the studies reviewed here examine impacts on species typical of the Pacific northwest. The species that might use marsh habitat that erodes away in front of bulkheads has not been examined in the same detail. While species that use the low marsh are known, the specific link of population impacts to shoreline structures has not been established locally. 8 2. Annotated Bibliography 1. Able, K.W., J.P. Manderson, and A.L. Studholme. 1998. The distribution of shallow water juvenile fishes in an urban estuary: the effect ofmanmade structures in the lower Hudson River. Estuaries, 21:731-744. Source: TNC collection The objective of the study was to determine what effect, if any, large pile-supported platforms (piers) have on the habitat distribution and abundance of juvenile fishes. Nearly 1500 fishes, mostly juveniles, representing 24 species were collected from May to October during 1993 and 1994. The effect of habitat type on fish assemblage structure was significant in both years. Fish abundance and species richness were typically low under piers; young of the year fishes were rare and Anguilla rostrata accounted for a large proportion of the total catch. Young of the year were common at pile field and open water stations, where abundance and diversity were high. This suggests that under pier habitat is likely to be poor for juvenile fishes compared to pile field and open water areas. 2. Able, K.W., J.P. Manderson, and A.L. Studholme. 1999. Habitat quality for shallow water fishes in an urban estuary: the effects of man-made structures on growth. Marine Ecology Progress Series 187:227-235 Copy on file. Source: SUNY Stony Brook, Science and Engineering Library. QH541.3.S3 M26 Juvenile winter flounder (Pseudopleuronectes americanus) and tautog (Tautoga onitis) were caged for 10 days under large piers, in pile fields, or in open water habitats in shallow (1.1-3.9 m) areas of the Hudson River estuary. For both species, fish grew better in pile fields or open water than under piers. Fish caged under piers lost weight at a rate comparable to laboratory starvation. These results suggest that habitat quality under very large (>20,000 square meters) piers or platforms is of reduced quality compared to the natural shoreline. The authors suggest that these predatory fish rely on visual cues to find prey, and that these cues were not available in the dark, under-pier environment. It is not clear whether a much smaller pier would produce a similar loss in predatory efficiency. 3. Anisfeld, S.C., M.J. Tobin, and G. Benoit. 1999. Sedimentation rates in flow-restricted and restored salt-marshes in Long Island Sound. Estuaries 22:231-244 Source: TNC collection Many salt marshes on the Connecticut shore of Long Island Sound have devices to restrict tidal flow, such as tide gates. Sediment cores were collected fi.om restricted flow marshes, a natural, unrestricted flow marsh, and a previously restricted marsh that had been restored to natural flow in the 1970's. Restricted flow marsh corns reflected the effects of organic matter oxidation, compaction, and surface subsidence. Inorganic sediment accretion was similar at reference and restricted marshes, but organic matter accumulation was significantly higher at the natural marsh. Sedimentation rates were 9 much higher at the restored marsh, suggesting that removal of the flow restriction had caused a rapid increase in marsh surface elevation. It is noted that flow restoration must be managed so that the marsh is not drowned, but has a chance to accumulate sediment and respond to the increased flow. 4. Backman, T.W., and D.C. Barilotti. 1976. h-radiance reduction: Effects on standing crops of the eelgrass Zostera marina in a coastal lagoon. Marine Biology 34: 33-40. Copy on file. Source: Science and Engineering Library, SUNY Stony Brook. QH1.M25 Eelgrass (Zostera marina) abundance was studied in a coastal lagoon in southern California, and was found to correlate with the level of irradiance at depths greater than 0.5 m below tidal datum. Experimental shading reduced irradiance by 63%. Turion density was reduced by day 18 in shaded areas. At the end of 9 months, mr/on density had been reduced to 5% of adjacent control areas. Identified impacts of eelgrass losses include: effects on organisms which feed on eelgrass, effects on organisms which lay eggs on eelgrass or use it as a nursery area, and increased bottom erosion which could remove or alter the benthic community. 5. Bamegat Bay Estuary Program. 2000. Characterization Report, Chapter 7: Habitat loss and alteration. Intemet document: www.bbep.org/Char_Rpt. 30 pp. Copy on file. Source: TNC files This is a review style document, summarizing observations and findings, rather than providing scientifically supported information. The third section, "Human alteration of Shoreline Habitats," deals with the impacts of bulkheading. Among habitat alterations attributed to bulkheading are: replacement of littoral habitat with deep water, elimination of beach habitat important to birds and terrapins, release of toxic wood preservatives into the water, and indirect facilitation of other impacts, including marsh filling behind the bulkhead, boating, and human or pet disturbance of wildlife. 6. Beauchamp, D.A., E.R. Byron, and W.A. Wurtsbaugh. 1994. Summer habitat use by littoral-zone fishes in Lake Tahoe and the effects of shoreline structures. North American Journal of Fisheries Management 14:385-394. Copy on file. Source: SUNY Stony Brook, Science and Engineering Library. SH219.N678 The effect of piers on summer habitat use was evaluated in Lake Tahoe. Habitat complexity in the lake declines with depth; much of the shallow zone has a boulder substrate, but deeper areas have few boulders. The daytime densities of fish associated with piling-supported piers did not differ significantly from daytime densities of these fish in adjacent areas without piers. Most piers were high (2-3 meters) above the water and provided little shade. However, daytime densities of fish associated with rock crib piers, many of which are associated with boulder habitat, were significantly higher than adjacent areas without rock-crib piers. The vertical relief and interstitial spaces of the 10 cribs provided both cover and greater attachment area for food organisms. It is suggested that bulkheads would reduce useful fish habitat by reducing shallow water areas. 7. Bouchard, S., K. Moran, M. Tiwari, D. Wood, A. Bolten, P. Eliazar, and K. Bjorndal. 1998. Effects of exposed pilings on sea turtle nesting activity at Melbourne Beach, Florida. Journal of Coastal Research, 14: 1343-1347. Copy on file. Source: SUNY Stony Brook, Marine and Atmospheric Sciences Information Center. Shelved alphabetically. The study focuses on possible impacts of the use of a beach stabilization system in which a series of cement discs is anchored into the beach by pilings. Accreting sand buries the discs, but leaves the pilings exposed. The study investigated the effects of the exposed pilings on loggerhead (Caretta caretta) and green (Chelonia tnydas) turtle nesting activity. Nesting activity decreased significantly in the presence of pilings when compared to control beaches to the north and south. The same area was not different fi.om control when pilings were not present. The authors contend that the system should still be considered, however, because nesting was not entirely eliminated, and continued to occur as normal outside the piled area. However, they also state that the effect of the piles on hatchlings should be assessed as well. 8. B~yan. M.D., and D.L. Scamecchia. 1992. Species richness, composition, and abundance of fish larvae and juveniles inhabiting natural and developed shorelines of a glacial Iowa lake. Environmental Biology of Fishes 35:329-341 Copy on File. Source: SUNY Stony Brook Science and Engineering Libra~. QL614.E58 Young-of-the-year communities were evaluated along natural glacial lake shorelines and in areas where natural vegetation had been reduced by development. Vegetation density and amount of recreational activity are the primary differences between these sites. Fish species richness and abundance were consistently greater in natural areas at shallow (0-1 meter) and intermediate (1-2 meter) depth zones, but did not differ greatly at the 2-3 m depth zone, which was farther fi.om shore. The most diverse and abundant vegetation was found at approximately 1 meter depth, roughly 20 meters fi.om shore. Ten of the twenty species sampled inhabited deep water as larvae and migrated inshore as juveniles. Eighteen of the twenty species were more abundant in natural sites than in developed sites. Smallmouth bass (Micropterus dolornieu0 was the only gamefish consistently found in equal or greater abundance in developed areas. Juvenile fishes were generally more abundant where macrophyte abundance and species richness were greatest. The authors conclude that vegetation removal will alter the species composition of the fish community, by directly affecting vegetation dependent species with food chain effects on the species that prey on them. 9. Byrne, D.M. 1997. The effect of bulkheads on fish distribution and abundance: A comparison of littoral fish and invertebrate assemblages at bulkheaded and non- bulkheaded shorelines in a Bamegat Bay lagoon. Proceedings of the second Marine and 11 Estuarine shallow water science and management conference, April 3-7, 1995, Atlantic City, NJ. U.S. Environmental Protection Agency. EPA/903/R/97009. pp. 53-56 Copy on file. Source: U.S. Geological Survey Librmy, Reston VA, obtained through Suffolk County Library Interlibrary Loan. Lagoon canals are generally 30 m wide, usually less than 1 km long, and depth is usually 3 m or more, often more than 6 m. Water quality is poor due to restricted circulation, and there is a tendency towards water column stratification and bottom anoxia. A study was undertaken to validate the assumption that these areas function as fish and invertebrate habitat, and to compare bulkheaded and non-bulkheaded shorelines as habitat. Inland silverside, and mummichog were the most abundant fish species, compared to Atlantic siverside and threespine stickleback were less common in this environment than in the bay as a whole. Species diversity and abundance were similar in the lagoon and the bay. Although species composition was similar between bulkheaded and non-bulkheaded sites, catches were reduced in fi'ont of bulkheads to a statistically significant degree. The author suggests that this is due to the low level of structural complaexity in the bulkheaded shoreline habitat. 10. Cambridge, M.L., A.W. Chiffings, C. Brittan, L. Moore, A.J. McComb. 1986. The loss of seagrass in Cockburn Sound, Western Australia. II. Possible causes of seagrass decline. Aquatic Botany 24:269-285 Copy on file. Source: SUNY Stony Brook, Science and Engineering Library. QK916.A65 The paper examines possible causes of seagrass in Cockbum Sound following extensive industrial development. Light reduction by enhanced growth of epiphytes and loose-lying blankets of filamentous algae in nutrient enriched waters is suggested as the most likely cause of decline. Extensive seagrass decline coincided with the discharge of effluents rich in plant nutrients. This paper again establishes the crucial role of light in seagrass growth. 11. Chu, Y.-H. 1985. Beach erosion and protection, a case study of Lincoln Park, Washington. Shore and Beach 53:26-32 Copy on file. Source: SUNY Stony Brook, Science and Engineering Library. TC330.A1 A5 Lincoln Park is a 130 acre park located on Williams Point on the East Passage of Puget Sound. It is surrounded by a concrete and concrete-cobblestone seawall designed to prevent erosion. The seawall has been damaged over time by wave action, beach scour, and drift log damage. The wall failed twice during the 1950's, and repairs were made. The wall continued to deteriorate and part of the park was closed after storms in 1981. The paper examines the U.S. Army Corps preferred long-term beach nourishment approach as a solution to these problems. Beach nourishment is seen as providing: 1) seawall toe protection and eliminating scour and erosion of the seawall foundation; 2) resistance to overturning and breaching of the existing seawall due to pressure from the land side; and 3) reducing the wave height that might reach the seawall. It is acknowledged that the beach nourishment material will continue to erode in front of the seawall, and that frequent renourishment will be necessary. The paper indicates how shore parallel structures, such as seawalls, are not a permanent solution to shorefront erosion. 12. City of Bellevue, Washington. 2000. Final report on effects of shorezone development: Potential impacts of shoreline development. Utilities Department, City of Bellevue, Washington. 19 pp. Internet document: http://www.ci.bellevue.wa.us/utilities/shorezone/potential.htm The study is a through review of the impacts of shoreline structures on local resources. Sections include: historical changes, chemical contaminants associated with docks, piers and bulkheads, disruption of physical processes, effects on predation and prey-refuge habitat, effects on productivity, effects on fish migration, and effects of recreational and construction activity. Reference is made to the replacement of complex shoreline habitat in Lake Washington, including woody debris, overhanging vegetation, emergent vegetation, and shallow water habitat with a shoreline that is 81% bulkheaded, with attendant loss of refuge and forage habitat for juvenile salmohids. Bulkheads were associated with reduced abundance and diversity of fishes in north temperate lakes. No evidence was found for positive effects of shoreline armoring on aquatic species. The study expresses the opinion that the simplified habitat affords a critical advantage to predators over their prey species, possibly tending to extinction of prey. Although some species can use such structures as piers for cover, other cannot, and piers do not provide as much shoreline complexity as natural habitats. The study notes that bulkheads can also potentially interrupt the input of sediment from shore, disrupt wave energy, or block longshore sediment movement. These effects could lead to shore erosion as well. 13. Colligan, M., and C. Collins. 1995. The effect of open-pile structures on salt marsh vegetation: summary. NOAA/NMFS. Habitat and Protected Resources Division. Copy on file. Source: U.S. Fish and Wildlife Service Long Island Field Office, Islip, NY. Vegetation height and index of cover were measured under and adjacent to open pile piers in coastal estuarine waters of Connecticut, Rhode Island, and Massachusetts. There is a statistically significant difference in height between plant locations which suggests plant etiolation as a result of shading. The difference in index of cover was also significant, with less growth under piers. Index of cover appeared to be most affected by height and height/width ratio while vegetation height was more influenced by pier width and orientation. A combined "Vegetation Variable Model" attempts to consider all factors and effects to give a prediction of likely pier impacts. 13 . 14. Corliss, J., and L. Trent. 1971. Comparison ofphytoplanton production between natural and altered areas in West Bay, Texas. Fishery Bulletin 69: 829-832. Copy on file. Source: Science and Engineering Library, SUNY Stony Brook. SHI 1.A25. Phytoplankton production was compared between an undredged marsh area, a bay area, and an adjacent marsh area altered by channelization, bulkheading, and filling. Average gross production in canals in the altered area was higher than in the marsh or the bay. Gross and net production were significantly higher in the canals and the marsh than in the bay, but differences between canals and marsh were not significant. Discussion suggests that eutrophic conditions will occur more frequently near the housing development due to: greater depth, lower turbidity, reduced aeration by wind, and reduced water exchange in the canals compared to the natural areas. 15. Doody, J.P. 1996. Management and use of dynamic estuarine shorelines. In Nordstrom, K.F., and C.T. Roman. Estuadne Shores: Evolution, Environments, and Human Alterations. John Wiley and Sons, Ltd. pp. 421-434 Copy on file. Source:: Marine and Atmospheric Sciences Information Center, SUNY Stony Brook. GC97.E79 This literature review and commentary describes the "coastal squeeze" affecting salt marshes in south-west England and other locations affected by relatively rising sea level. In many such places, embankments or structures have been built landward of the marsh to protect human development. Because the upper limit of the saltmarsh is constrained by the structure, the intertidal habitat is squeezed between it and the rising sea level, rather than being able to migrate landward. As the coastline is squeezed and made narrower, it may become more fragile and lose its ability to respond to storms, tides, sediment movement and pollution. Five options for dealing with rising sea levels are explored. The conclusion makes a case for managed retreat from the shoreline. 16. Douglass, S.L., and B.H. Pickel. 1999. "The tide doesn't go out anymore"--The effect of bulkheads on urban bay shorelines. Shore & Beach 67: 19-25, also Internet: http://www.southalabama.edu/cesrp/Tide.htm Copy on file. Source: TNC files Based on a study of aerial photographs and video, the armoring of the shoreline of Mobile Bay, Alabama, increased from 8% in 1955 to 30% in 1997. The rate of armoring is correlated to the rate of population growth in the area. Vertical bulkheads are the most common type of armoring. Loss of intertidal habitat is estimated at 10-20 acres or 6 miles of shoreline. The authors raise the concern that urbanized bays will become "bathtubs" with vertical walls and no intertidal fringe. 14 17. Duffy-Anderson, J.T., and K.W. Able. 1999. Effects of municipal piers on the growth of juvenile fishes in the Hudson River estuary: a study across pier edge. Marine Biology 133: 409-418. Copy on File. Location: SUNY Stony Brook Science and Engineering Library. QH1.M25 The growth rates of two fish species, the winter flounder (Pseudopleuronectes arnericanus) and the tautog (Tautoga onitis) were used to evaluate habitat quality under and around municipal piers in the Hudson River estuary. Growth rates were measured in a series of 10-day field-caging experiments conducted at two large piers during the summers of 1996 and 1997. Cages were strung on a transect from under the piers to beyond them, including the pier edge. Under piers, both fishes lost body weight to an extent comparable to laboratory-starved test fish. Mean growth rates at pier edges and beyond were generally positive, with growth at pier edges ofien being more variable and less rapid than at open water sites. Dry weights of stomach food contents were higher for open water fish, although benthic prey was available at all stations. It is concluded that under-pier environments are poor quality habitats for some species of juvenile fishes. 18. Fitzpatrick, J., and H. Hirkman. 1995. Effects of prolonged shading stress on growth and survival of seagrass (Posidonia australis) in Jervis Bay, New South Wales, Australia. Marine Ecology Progress Series 127: 279-289. Copy on file. Source: Marine and Atmospheric Sciences Information Center, SUNY Stony Brook, shelved alphabetically. Experimental shading reduced the light reaching a shallow Posidonia australis meadow to less than 10% of incident light. Shaded seagrass had significantly lower leaf growth rate, shoot density, shoot weight, and epiphyte weight than seagrass in control plots. The epiphyte community also changed as fleshy macroalgae were replaced by entrusting invertebrates. Shading in early summer had more effect than shading in late summer. There was no significant recovery ofP. australis in the 17 months following shade removal. 19. Glasby, T.M., and S.D. Connell. 1999. Urban structures as marine habitats. Ambio 28: 595-599. Copy on File. Location: SUNY Stony Brook Science and Engineering Library. xQH540.A52 The study compares the subtidal organisms of urban structures (such as pontoons, pilings, or retaining walls) to those of naturally occurring rocky reefs. The results indicate that the urban structures may be considered novel habitat, quite unlike natural reefs, and that they are changing local species composition. Even where a retaining wall was made of the same material as nearby rock (sandstone), the wall had fewer species than nearby rock and had two species not present on the natural rock. Differences could be caused by substrate material, position and orientation of the structure, whether the structure floats, '. 15 shading, and water velocity around the structure. Artificial hard surfaces could also provide "stepping stones," permitting dispersion to locations and over distances not normally accessible to some larvae. 20. Gotceitas, V., and P. Colgan. 1989. Predator foraging success and habitat complexity: quantitative test of the threshold hypothesis. Oecologia 80:158-166. Copy on file. Source: SUNY Stony Brook, Science and Engineering Library, QL1.O55 Previous studies had indicated that increased habitat complexity reduced predator success. However, it was not clear whether a certain "threshold" level of complexity was required before predator success was affected. In this study, the predator largemouth bass (Micropterus saltnoides) foraged on the prey juvenile bluegill sunfish (Lepornis macrochrius) in an environment of varying artificial vegetation density. In this model, a threshold density was found (276 stems/square meter). This tends to support the observation that prey fish prefer more complex habitats. In this study, prey fish preferred denser vegetation when offered a choice of refuge habitats. The authom found that prey fish prefer habitat that is more densely vegetated than necessary to reduce predator foraging success. This study provides an intellectual link between structural effects on vegetation and effects on associated fish communities. 21. Hendon, J.R., M.S. Peterson, and B.H. Comyns. 2000. Spatio-temporal distribution of larval Gobiosoma bosc in waters adjacent to natural and altered marsh-edge habitats of Mississippi coastal waters. Bulletin of Madne Science 66:143-156 Copy on file. Source: SUNY Stony Brook, Science and Engineering Library, GC1.B8 Larval naked gobies (Gobiosoma bosc) were collected near a natural Spartina/Juncus marsh, a natural sandy beach, and an altered Spartina/Juncus marsh. Altered marsh stations consisted of two bulkheaded stations and one dp-rap station. Abundances were significantly higher at the natural stations than at the altered stations during year one. In year two, abundances were lower and not significantly different among habitats. The authors conjecture that reduction in this prey species in altered areas could be compounded by the loss of their predators fi.om the same areas, and that loss of this feeding resoume could affect the populations of these economically more important predator fish. 22. Hendry, K., K Conlan, K.N. White, A. Bewsher, and S.J. Hawkins. 1988. Disused docks as a habitat for estuarine fish: a nationwide appraisal. Journal ofFish Biology 33, Supplement A: 239-241. Copy on File. Location: SUNY Stony Brook Science and Engineering Library. QL614.J68 Fish communities in ten U.K. dock complexes were examined as part of a wider study of the potential of disused docks for alternative uses including recreational and commercial 16 fisheries. Most of the docks were nutrient rich with frequent algal blooms. Bottom water anoxia was common. It is concluded that water quality issues are controlling factors in fishery diversity and abundance near disused docks, and that active water quality management can make these sites attractive fisheries. 23. Ianuzzi, T.J., M.P. Weinstein, K.G. Sellner, and J.C. Barret. 1996. Habitat disturbance and marina development: An assessment of ecological effects. 1. Changes in primary production due to dredging and marina construction. Estuaries 19:257-27l. Potential impacts on primary production were estimated for a proposed 800-slip marina at Davids Island, in the extreme western portion of Long Island Sound. Estimates were made, using a variety of methods, of productivity in six depth zones from approximately 2 meters above to 2 meters below mean low water. A 17% drop in macroalgal production was anticipated. Although microalgal production also was expected to decline in the short term, microalgal production accounts for only 3% of all primary production in the area. It was also anticipated that the quieter waters of the marina would eventually lead to greater microalgal production which would partly mitigate the loss of macroalgal production. The relatively small change was attributed in part to the large contribution of the rockry nearshore area before marina construction, which leads to anticipated high productivity values for the hard substrates of the built marina. 24. Jackson, N.L. 1996. Stabilization on the shoreline of Raritan Bay, New Jersey.. In Nordstrom, K.F., and C.T. Roman. Estuarine Shores: Evolution, Environments, and Human Alterations. John Wiley and Sons, Ltd. pp. 397-420 Copy on file. Source: Marine and Atmospheric Sciences Information Center, SUNY Stony Brook. GC97.E79 This paper reviews the types of alterations that have occurred to estuarine shorelines in the presence of development and how they influence the physical dimensions and sediment characteristics of sandy beaches. The focus is on changes that have occurred over a period of years to decades. Alterations are related to such physical characteristics of beaches as topography, shoreline orientation, sheltering by headlands, changes in shoreline function, and vulnerability of human development. Identified alterations include shore perpendicular structures (groins), shore parallel structures (seawalls and bulkheads), and sand placement. Beaches in more exposed locations have been altered such that they are higher and wider than natural, while beaches in more sheltered locations have been reduced in size both longshore and cross- shore with increased stabilization. Beaches are coarse-grained and narrow in front of shore-parallel structures such as bulkheads. Wave reflection may contribute to increased scour, oversteepening of the foreshore slope, and coarsening of sediments, reducing suitability of these areas as habitat. Loss of spawning areas in Delaware Bay is mentioned as a consequence of beach truncation due to bulkheading. 17 25. Jackson, N.L., and K.F. Nordstrom. 1992. Site specific controls on wind and wave processes and beach mobility on estuarine beaches in New Jersey, U.S.A. Journal of Coastal Research, 8: 88-98. Copy on file. Source: SUNY Stony Brook, Marine and Atmospheric Sciences Information Center, shelved alphabetically. Eight low-energy sand beaches in the Raritan and Delaware Bay estuaries were compared to identify the influence of shoreline orientation, sheltering by adjacent headlands, slope and width of the low tide terrace, and human modification on beach processes and responses. It is important to note the site specific nature of effects: wind and wave processes may be similar at two different sites, but beach mobility may be different, while beach mobility may be similar at beaches with different wind and wave climates. Compartmentalization by human structures can increase or decrease beach mobility, depending on the compartment's position relative to the ends of the natural longshore drift compartment. It is believed that a structure positioned near the end of a natural shore compartment increased mobility, while another structure near the center of a shore compartment showed reduced beach mobility. The site most affected by human impacts was one where a storm drain released flows onto the beach. In two comparable sites where one beach included a jetty and bulkhead and the other did not, greater mobility occurring in the altered site is believed to be due to the effect of local reversals of longshore transport currents caused by the structures, especially the jetty. 26. Jeunings, M.J., M.A. Bozek, G.R. Hatzenbeler, E.E. Emmons, and M.D. Staggs. 1999. Cumulative effects of incremental shoreline habitat modification on fish assemblages in north temperate lakes. North American Journal of Fisheries Management 19: 18-27. Copy on file. Source: SUNY Stony Brook, Science and Engineering Library, SH219.N678 Species richness and tolerance offish assemblages were examined in littoral zones of 17 Wisconsin lakes with extensive residential and recreational development. Fish associations were compared among site specific and lakewide conditions. Stations were randomly selected within strata defined by the type of erosion control structure: rip rap, retaining walls, and no structure. Species richness at the site level was greatest in dp rap, regardless of fish assemblage structure. However, more effort was required to get a complete sampling at sites without artificial structure, suggesting more diversity of habitat. On a lakewide basis, species richness is positively correlated with local habitat complexity, but assemblage structure, assessed as a proportion of intolerant or tolerant species, shifted in response to cumulative effects. As modification increased, intolerant specialist species were replaced by tolerant generalist species. This suggests that cumulative structural effects across the lake should be considered in addition to local effects ora single structure. The authors are unusually clear and articulate in reference to the nature of cumulative impacts and why they cannot meaningfully be managed on a site-by-site basis. Some major points include: l) adding some rip rap to a natural 18 shoreline increases habitat diversity by adding a previously non-existing element; however, as more of the shoreline is riprapped, diversity is lost as the natural shoreline is armored; 2) retaining wall habitats are the least complex locally, providing areas of relatively deep water but less variability; 3) shoreline modifications rarely occur one at a time, so assessing their impacts individually is impossible; 4) there is often a lag between structure installation and biological impact, making it impossible to link the impact to a causative structure; and 5) the biological impact may occur at the lakewide scale, even though a structure is localized. Although this study was carried out in isolated bodies of freshwater, some of the results may be relevant to enclosed or isolated bay areas. 27. Karlson, R. 1978. Predation and space utilization patterns in a marine epifaunal community. Journal of Experimental Marine Biology and Ecology 31:225-239 Copy on file. Source: SUNY Stony Brook, Science and Engineering Library. QH91.A1 J6 This paper reports an experimental investigation of the possible influence of artificial substrata, such as pilings, on benthic communities. The author describes these artificial substrates as a potentially important selective force for changes in settlement preferences. In one experiment, the predacious echinoid Arbacia punctulata was added to or removed from communities that had been established in its presence. In a second experiment, Arbacia was removed from piles that had been newly submerged to examine its effect on recruitment and early development of the community. In the experimental situation, Arbacia punctulata preyed upon all but two of the twenty most common sessile epifauna species found in the Beaufort, North Carolina region, conferring an enormous competitive advantage on these two species. In this case, a slow-growing, non- competitive hydroid, Hydractinia, which is not ordinarily a common species, became one of the most common species on pilings because Arbacia would not eat it except under extreme population pressure. As Arbacia eliminated its competitors, Hydractinia slowly grew to cover extensive areas of the artificial substrate. This emphasizes that structures are not only physical objects, but that they can change ecological interactions by their presence. 28. Kearney, V.F., Y. Segal, and M.W. Lefor. 1978. The effects of docks on salt marsh vegetation. Unpublished study carried out under grant from Connecticut State Department of Environmental Protection. Copy on file. Source: U.S. Fish and Wildlife Service Long Island Field Office, Islip, NY. Vegetation density and height were sampled beneath and adjacent to docks and walkways built over salt marshes at three locations in Connecticut. The three location were representative of different tidal regimes. Dock height was found to be the most significant variable limiting vegetation growth, perhaps because it was the only dock measurement with much variability. Vegetation density ofS. alterniflora was less affected than S. patens or D. spicata. Accelerated erosion was also observed under some docks. This 19 study is frequently referenced in U.S. Fish and Wildlife service comments on dock permit applications. 29. Lindeman, K.C. 1989. Coastal construction, larval settlement, and early juvenile habitat use in grunts, snappers, and other coastal fishes of southeast Florida. (Abstract only) Bulletin of Marine Science 44: 1068. Copy on file. Location: SUNY Stony Brook Science and Engineering Library. GCI.B8 Sampling stations were established in Biscayne Bay to determine whether juvenile fish use differed significantly in constructed habitats compared to natural ones. Monitoring took place from 1985 to 1989. Consistent differences in species and life stage were found. Larval and juvenile porkfish (Anisotremus virginicus) and sergeant majors (Abudefdufsaxatilis) were associated with vertical structures, and could remain there through maturity. These species rarely used seagrass habitat. Newly settled gray and schoolmaster snappers (Lutjanus griseus, L. apodus) used seagrass beds, and use vertical habitat primarily in juvenile and subadult stages. It is predicted that predation on larval stages may increase in artificial habitat, and that this habitat may be colonized by reef species not ordinarily found in Bay waters. 30. Loflin, R.K. 1995. The effects of docks on seagrass beds in the Charlotte Harbor estuary. Florida Scientist 58:198-205 Copy on file. Source: Science and Engineering Library, SUNY Stony Brook. Q11.F65 Docks located over shallow seagrass beds were associated with a seagrass *'shadow" underneath and adjacent to the docks, which is nearly devoid of vegetation. Shadow area is correlated to total dock area, but not to dock width, height or orientation alone. Other changes included boat propeller scarring of grass flats, changes in seagrass species composition, and differences in epiphyte loading on grass blades. Additional research focussing on the effects on seagrass of modifying dock dimensions is called for. 31. Ludwig, M., D. Rusanowsky, and C. Johnson-Hughes. 1997. The impact of installation and use of a pier and dock assembly on eelgrass (Zostera marina) at Star Island, Montauk NY: Kalikow dock case study. National Marine Fisheries Service. Copy on file. Source: U.S. Fish and Wildlife Service Long Island Field Office, Islip, NY. A valuable case study of both dock impacts and the regulatory process as it affects permit applications to the New York District of the U.S. Army Corps of Engineers. The study was carried out as a condition ora temporary permit for a boat dock in Lake Montauk which had been opposed by the resource agencies. Impacts found extended over a one acre area, and were perceived as expanding. The dock covered less than five percent of this area. Illegal "propeller dredging" of boat berths had buried and destroyed some eelgrass beds, while increased turbidity and light reduction due to shallow floats affected eelgrass beyond the dock. In addition, it was determined that although mean low water 20 was described as four feet on the permit application plans, it was actually two feet or less, rendering the site unsuitable for the boat dock from both recreational and ecological standpoints. A thorough regulatory history is also provided. 32. Macfarlane, S.L., J. Early, T. Henson, T. Balog, and A. McClennen. 2000. A resource-based methodology to assess dock and pier impacts on Pleasant Bay, Massachusetts. Journal of Shellfish Research 19:455-464 Copy on file. Source: SUNY Stony Brook Science and Engineering Library, SH370.A1 J6 This study provides a step-by-step method for evaluating the sensitivity of a given shoreline area to dock and pier construction. A study of the number and impacts of private piers on Pleasant Bay was undertaken in support of a management plan for the bay. In this location, realtors indicate that a dock can add fi'om $50,000 to $100,000 to the value of a home. The Study area was partitioned into 26 subsections, and each subsection was evaluated for nine factors representing biological, physical, and human use characteristics relevant to the impact of docks and piers. The nine factors were: semi- enclosed or open water bodies, water depth, shellfish habitat, eelgrass, fringe salt marsh, density of existing structures, moorings, navigational channels, and recreational activity. Scoring was 0, 0.5, or 1, where 0 indicated the least significance or sensitivity and 1 the greatest. Results indicated that a significant portion of the bay's more secluded shoreline is extremely resource sensitive. The environmental impacts from dock and pier construction in these areas pose a direct threat to natural resources, and these areas have been deemed inappropriate for the construction of docks or piers. Less sensitive areas may be appropriate for docks or piers based upon criteria that are still to be developed. Concerns related to docks and piers include: vegetation loss from shading, shellfish habitat loss, impacts to eelgrass, chemical leachates from treated wood, construction impacts, fragmentation of beach habitats, sediment resuspension from boat propellers, boat paints, chemicals used in marine sanitation devices, and petrochemicals. 33. McGuinness, K.A. 1989. Effects of some natural and artificial substrata on sessile marine organisms at Goleta Reef, Panama.. Marine Ecology Progress Series 52:201-208 Copy on file. Source: SUNY Stony Brook, Science and Engineering Library. QH541.3.S3 M26 There were significant differences in the number and abundance of alga species one three natural and two artificial substrates in waters of the Caribbean coast of Panama. The natural substrates included coral, rock, and mangrove wood; the artificial substrates were concrete and perspex. Reactions to the five substrates varied according to location as well, with different forms of colonization occurring in a reef, in a lagoon, and in a mangrove. The results indicate that the type of substratum can play an important role in determining the abundance of sessile species in some marine habitats. Differences may be due to differential grazing, differential spore retention, water, or heat. The study also suggests that benthic fauna cannot be sampled by placing artificial sheets of material in a given location, because results are variable, unpredictable, and differ from natural surfaces. 34. Mulvihill, E.L., C.A. Francisco, J.B. Glad, K.B. Kaster, and R.E. Wilson. 1980. Biological Impacts of Minor Shoreline Structures on the Coastal Environment: State of the Art Review. U.S. Fish and Wildlife Service, Biological Services Program. FWS/OBS- 77/51.2 vols. Partial copy on file. Location: SUNY Stony Brook Science and Engineering Library. xQH541.5.C65 B4 1980. U.S. Fish and Wildlife Service, Long Island Field Office, Islip, NY. In 1980, Beak Consultants carded out this state of the art review, identifying 555 information sources. This is still the most complete literature review of this topic, although it is now somewhat outdated. The types of structures included in the study were: breakwaters, jetties, groins, bulkheads, revetments, ramps, piers and other support structures, buoys and floating platforms, harbors for small crat% bridges and causeways. Information is organized by types of structure and by region. Information about each structure type includes: structure function, site characteristics, geographic prevalance, engineering, socioeconomic and biological placement constraints, construction materials, life expectancy, environmental conditions, methodology of environmental impact studies, physical and biological impacts (short-term, chronic, and cumulative), and structural and non-structural alternatives. Few studies were found that quantitatively investigated the impacts of structures. Of those few, almost all are observational, comparing areas with structures to neighboring areas without for a brief period of time. Most sources of information evaluated here are government documents which offer common-sense or widely believed assertions, rather than actual data. Few of the data sources were articles in peer-reviewed journals. The study concludes that the impact of any structure is site specific and must be evaluated on a case-by-case basis. However, structures ranked as "high impact" included small boat harbors, bridges and causeways, bulkheads, breakwaters, and jetties. Those with moderate impact are revetments, groins, and ramps. Low impact structures include buoys and floating platforms, piers, pilings, and other support structures. National Marine Fisheries Service. 2001. Biological Opinion: Programmatic ESA and EFH consultation for 15 categories of activities requiring Department of Army permits. Intemet document: http://www, nwp.usace.army, mil/op/g/notices/bo.pdf Discusses a wide variety of wetlands altering work requiring federal permits and their impacts on fish habitat. Limited supporting documentation or data provided. With regard to shoreline hardening, notes that the hardening measures transfer and focus hydraulic forces to other areas. Nearshore topography is scoured, critical fish habitats are often destroyed, terrestrial habitat is lost, and erosion of neighboring property can be accelerated. 35. Niedowski, N.L. 2000. New York State Salt Marsh restoration and monitoring guidelines. NY State department of State, NY State department of Environmental Conservation. 187 pp. Intemet version: http://www.dec.state.ny, us/website/dfwmr/marine/saltmarsh.pdf Literature review and commentary on a variety of salt marsh impacts, including a section on shoreline hardening and structures. Bulkhead impacts include: flanking, where bulkheads increase erosion in neighboring unprotected areas, which can produce erosion on either side of the bulkhead, and scour, where wave heights and flooding increase, eroding away wetland areas in front of the bulkhead. Bulkheads also impede new marsh formation by preventing or limiting overwash, which provides sediment for marsh formation. Dock impacts focus on shading and injury to salt marsh vegetation. 36. Nordstrom, K.F. 1989. Erosion control strategies for bay and estuadne beaches. Coastal Management 17: 25-35. Copy on file. Source. SUNY Stony Brook, Main Library Stacks, HT392.C6 Highlights a number of geomorphic differences between bay and ocean beaches. Notes that the wave climate of estuarine beaches is different from ocean beaches in that wave are low and have short periods, and longshore sediment transport is also low. Erosion rates are high because sediment is not deposited between storms and because there is little sediment available on bay shorelines to replenish losses. For this reason, groins are not useful on bay beaches, because there is not longshore sediment to trap. However, they can retain artificially placed beach sand for a longer time than would be possible on an ocean beach. Bulkheads may be effective in locations where they do not block an upland sand source and where the beach is either very narrow or cannot form due to high erosion rates. In cases where upland sediments are fine grained, bulkheads may prevent sedimentation where human development approaches the shore. They ot~en provide recreational boating access as well. They are not recommended for use in low erosional areas because they eliminate the ecological function of the natural shoreline. Rip-rap armoring can provide attractive fish habitat, which can improve recreational fishing. However, if this sort of habitat is not native to the area, it can change the species diversity and balance of the area. 37. Portnoy, J.W., and A.E. Giblin. 1997. Effects of historic tidal restrictions on salt marsh sediment chemistry. Biogeochemistry 36: 275-303. Copy on file. Source: SUNY Stony Brook, Science and Engineering Library. QH344.B58 Hydrology, porewater chemistxy, and sediment composition were compared for natural, seasonally flooded, and dra'med diked marshes in Cape Cod, Massachusetts. Flooding periods were longest in natural and shortest in drained marshes. Chemistry depended on 23 water table depth and the supply of sulfate for anaerobic metabolism. Drained marsh sediments were highly acidic (pH<4) and porewaters were rich in dissolved iron. The natural and seasonally flooded marshes had near neutral pH and iron concentrations an order of magnitude lower. Porewater nutrients, sulfides, and alkalinity were much lower in both flooded and drained diked marshes than in the natural marsh. However, the manipulated marshes retained high levels of nutrients, though in a less mobile form. The authors suggest that restoring flow to these marshes might mobilize these nutrients, which might benefit recolonizing vegetation but could be harmful to water quality ion the bay. The drained marsh was 90 cm below the level of the natural marsh. The seasonally flooded marsh was only 15 cm below the natural marsh. The authors use these changes to assess the evolution of these marshes since the time they were cut off from tides and tidal sediment sources. 38. Reish, D.J. 1961. A study of benthic fauna in a recently constructed boat harbor in southern California. Ecology 42:84-91 Copy on file. Soume: SUNY Stony Brook Science and Engineering Library. QH540.E3 This study examines succession in the artificial habitat of a newly constructed boat basin in southern California. The marina was dredged from land to a depth of 12 feet below mean low water. The marina is also bulkheaded. Samples were taken at two different times of the year from 1956-1958, and once in the summer of 1959. 3,186 specimens representing 94 species were collected. Polychaetes represented 87% of the specimens and 60% of the species. Mollusks and crustaceans were very diverse, representing a small number of specimens but 19% and 16% of the species, respectively. One of the three major species of polychaetes of the naturally occurring benthic community nearby was never found abundantly at the marina. There was no indication of succession in the marina, in that no sequence of species has occurred. Almost all species present at the time of the first sampling were still present four years later. In addition, there was an unexplained reduction in population after the population peak of April, 1957. 39. Roman, C.T., W.A. Niering, and R.S.Warren. 1984. Salt marsh vegetation change in response to tidal restriction. Environmental Management 8:141-150 Copy on file. Source: SUNY Stony Brook, Science and Engineering Library. TD 169.E6 The structures discussed in this study include roads, causeways, bridges, and impoundments equipped with tide gates that restrict the flow of salt water on to the marsh. Transportation arteries are named as a major cause of flow restriction. Vegetation change at six Connecticut sites with restricted tidal flow was documented in this study. Tidal flows had been restricted from less than ten to several hundred years. Tidal restriction reduces water salinity, lowers the water table, and leads to a drop in marsh surface elevation. These factors tend to favor common reed (Phragmites australis2 over Spartina spp. The study details the change in vegetation from the original marsh to the Phragmites marsh. The Phragmites marsh is described as less ecological finctional than Spartina dominated marsh. At several Phragmites dominated sites where tidal flow was restored after more than two decades of flow restriction, Phragmites height was reduced and natural vegetation reestablished itself along tidal creeks. 40. Ross., N.W. 1985. Environmental impacts of marinas and their boats. U. Wisconsin 1985 Docks and Marinas Conference. 8 pp. No copy on file. Source: University of Idaho Inter-library loan, through Suffolk County Public Library Discusses various impacts of marinas and boating in non-technical terms. Impacts of marinas include construction and dredging, bulkheads, breakwatem, piers, docks, and wharves. Construction impacts are especially severe if they involve loss of salt marsh. Dredging for construction suspends sediment, increasing turbidity and injuring nearby organisms. Breakwaters can trap floating degree and interfere with flushing, reducing water quality within the marina. Floating breakwaters are recommended. The most severe identified role of bulkheads is as a retaining wall for salt marsh fill. Rip-rap is recommended instead ofbulkheading because it provides more substrate for fouling organisms and reduces wave energy more effectively. Piers, docks, and wharves should be high enough to allow light penetration and long enough to reach adequate water depth. Impacts of boating include fuel spillage, noise, litter, auto traffic, and boat sewage. 41. Russell, G., S.J. Hawkins, L.C. Evans, H.D. Jones, and G.D. Holmes. 1983. Restoration of a disused dock basin as a habitat for marine benthos and fish. Journal of Applied Ecology 20:43-58 Copy on file. Source: SUNY Stony Brook, Science and Engineering Library. S3.J86 The study examines the benthic flora and fauna of an abandoned dock area in Liverpool, England. An air-lift pump has been installed, oxygenating the water column and preventing stratification and its consequent anoxic conditions. This stratification occurs at other docks without air pumps. The dock provides a stone and concrete substrate rising up fi.om fine estuarine sediments. The benthic community is dominated by the mussel, Mytilus edulis. High fish abundance is reported. Vegetation is reported to be more abundant and robust than in the surrounding Mersey estuary. The contaminant and bacteria levels are low enough to permit human consumption of mussels. The authors conclude that abandoned docks can provide valuable habitat if monitored and managed continuously. 42. Shafer, D.J. 1999. The effects of dock shading on the seagrass Halodule wrightii in Perdido Bay, Alabama. Estuaries 22:936-943 Copy on file. Source: Marine and atmospheric sciences information center, SUNY Stony Brook, shelved alphabetically. Aboveground and belowground biomass, density, blade length, and chlorophyll content of shoalgrass (Halodule wrightiO growing directly under north-south oriented docks was · . 25 . compared with shoalgrass growing adjacent to docks. Light levels under docks were 19% and 16% of surface irradiance at shallow and deep sites, respectively. Shoot density was 40-47% lower and biomass was 30-35% lower in shaded plots. Blade length and chlorophyll content were increased in shaded plots. Seagrasses were not found under docks where light was less than 14% of surface irradiance. Shading effects were most pronounced in the middle of the day; the north-south orientation of the docks in the study may allow for continued seagrass survival by allowing early morning and late afternoon light to reach the plants. 43. Short, F.T., and S. Wyllie-Echeverria. 1996. Natural and human induced disturbance of seagrasses. Environmental Conservation, 23: 17-27 Copy on file. Source: SUNY Stony Brook, Main Library Stacks, TDI69.E58 This report provides valuable background on the ecological role of seagrasses and their worldwide decline. It investigates literature reports of seagrass decline to fred connections among the causes of loss. Although a number of natural causes result in seagrass loss, human disturbances which affect seagrasses are those which affect water quality or clarity. The study focuses on the importance of light to sea grasses, and increasing human inputs to coastal waters (sediment, nutrients, pollution) are seen as the main cause of sea grass decline. The study also notes "mechanical damage," which is more closely related to the effects of structures. Dock shading, boat moorings which make holes in the seagrass meadow due to anchor chain movement, and propeller or boat bottom damage are all examples of mechanical damage related to shoreline structures. Structures such as dams or dikes which alter tidal regime are also damaging to seagrass habitat. 44. Simenstad, C.A., B.J. Nightingale, R.M. Thom, and D.K. Shreffier. 1999. Ferry impacts on salmon: impacts of ferry terminals on juvenile salmon migrating along Puget Sound shorelines--Phase I: synthesis of state of knowledge, l. ntemet version: http://www. wsdot.wa.gov/ppsc/research/OnePages/WA-RD4721 .htm Addresses three issues with regard to impacts on migratory salmon: 1) alteration in migratory behavior, 2) reduction in prey production and availability, and 3) increased predation. A review of over 60 documents established that juvenile salmon react to shadows and other artifacts in their environment created by shoreline structures. Although changes in migratory behavior were established, no evidence was found to prove a link between this level of behavior alteration and survival. Salmon prey availability and production are affected when shoreline structures affect the growth of eelgrass and other important habitats. Evidence for increased predation was lacking. No studies have addressed whether docks concentrate piscivorous birds, fishes, or mammals. The degree of uncertainty led the authors to recommend field studies. 45. Spalding, V.L., and N.L. Jackson. 2001. Field investigation of the influence of bulkheads on meiofaunal abundance in the forshore of an estuarine sand beach. Journal of Coastal Research 17: 363-370. 26 Copy on file. Source: Marine and atmospheric sciences information cemer, SUNY Stony Brook, shelved alphabetically. A one day field study was conducted on an estuarine sand beach foreshore in Raritan Bay, New Jersey, to document meiofannal abundance at sites fronting bulkheads and at an adjacent site with no bulkhead. Data on meiofauna and sediment characteristics were gathered at low water across the foreshore in three sites: Site 1 where a bulkhead intersects low on the profile, Site 2 where there is no bulkhead, and Site 3 where a bulkhead intersects high on the profile. Mean grain size was slightly finer in front of the bulkheads than at the natural site. Data from the top core sediments at Site 1 reveal lower meiofaunal density at the base of the bulkhead compared m the sampling station lower on the profile and to similar stations at Sites 2 and 3. Increased energy at the base of the bulkhead at Site 1 resulted in transport of meiofauna with eroded sediments. No impact was observed for the bulkhead constructed higher on the profile (Site 3). 46. Thom, R.M., and D.K. Shreffier. 1994. Shoreline armoring effects on coastal ecology and biological resources in Puget Sound, Washington. Coastal Erosion Management Studies, Vol. 7. Shorelands and Environmental Assistance Program. Washington State Department of Ecology. Olympia, Washington. Copy on file. Source: TNC files The study is meant to be a review of the present state of knowledge (ca. 1994) of shoreline armoring effects. The conclusion is that the literature indicates that shoreline armoring: 1) cuts offthe sediment supply to neighboring beaches, 2) exacerbates beach erosion in front of the revetment, 3) transforms sandy beach to gravel, cobbles, or may even erode the beach to bedrock, 4) eliminates shoreline vegetation, degrading spawning habitat, and 5) changes the biological community that the beach can support. Each of these impacts is investigated in considerable detail in this report. A unique insight of this report is that bulkheads can impede groundwater flow to fronting wetlands, changing the marsh both chemically and physically. The report also provides a thorough discussion of armoring impacts to finfish, shellfish, and benthos. The report focuses on the Pacific species native to Puget Sound. 47. Titus, J.G. 1998. Rising seas, coastal erosion, and the takings clause: How to save wetlands and beaches without hurting property owners. Maryland Law Review 57: 1279- 1399. Copy on file. Source: TNC files. Available on Internet at http:// www.epa, gov/globalwarming/publications/impacts/sealevel/take_txt .html The author provides a detailed argument that thc legal structure exists to prevent owners from protecting their property at the expense of the public's tidal lands. A system of rolling easements is recommended, in which private owners are warned in advance that 27 some day, environmental conditions may render the property useless, and that if and when that occurs, the state will not allow the owner to protect this investment at the expense of the public. By the time the property is rendered useless, several decades later, the owner will have had time to factor this expectation into his or her plans and into the price paid for the property. It is the author's contention that such advance warning cannot be construed as a taking, because landowners are not prevented fi.om using their property, and do not suffer major economic deprivations in the short tenn. They are denied a future course of action that interferes with the public interest. The author suggests that rolling easements can be purchased at low cost through eminent domain. 48. Trent, L., E.J. Pullen, and R. Proctor. 1976. Abundance of macrocrustaceans in a natural marsh and a marsh altered by dredging, bulkheading, and filling. Fishery Bulletin 74:195-200 Copy on file. Source: Science and Engineering Library, SUNY Stony Brook. SH11.A25 Indices of abundance of macrocrustaceans were determined for day and night and compared between a natural marsh area, upland and bayward canal areas of a housing development, and an open bay area. At night, brown shrimp (Penaeus aztecus) and blue crabs (Callinectes sapidus) were significantly more abundant in marsh and bayward canal areas than in the upland canal and bay areas, white shrimp (Penaeus setiferus) were significantly more abundant in the marsh area than the other three areas, and pink shrimp (Penaeus duorarum) were significantly more abundant in the marsh than in the upland or bayward canal areas. By day, brown shrimp were more abundant in the bayward canal than in the upland canal or the bay, and pink shrimp were more abundant in the marsh than in the upland canal. Lower catches of each species in the open bay and upland canal compared to the marsh or bayward canal are attributed to: permanent loss of intertidal vegetation in the housing development, low abundance of detrital material and benthic macroinvertebrates in the open bay and upland canal, and eutrophic conditions in the upland canal. 49. Twn, S.-W., and W.-M. Liao. 1999. Effect of seawall slopes on scour depth. Journal of Coastal Research 15: 985-990. Source: TNC collection A model was built to test the effect of short-crested waves on seawalls of varying slopes. Scour depth was found to be closely related to the shape of the wave and the front slope of the seawall. Results suggest significantly reduced scour with a front slope of ¼ (one foot vertical rise for every four feet of horizontal run) compared to steeper slopes. Scour was not significantly reduced compared to ¼ when the slope was reduced to 1/7. A larger scale test is recommended to verify these conclusions. 28 50. Weinstein, M.P. 1979. Shallow marsh habitats as primary nurseries for fishes and shellfish, Cape Fear River, North Carolina. Fishery Bulletin 77:339-357 Copy on file. Source: SUNY Stony Brook Science and Engineering Library. SH1 I.A25 This study does not discuss impacts of artificial structure, but does establish the importance of fringe marshes as juvenile fish nursery area. Samples taken in the upper reaches of tidal creeks and in marsh fringe along the Cape Fear River indicated that these areas serve as primary nursery habitat for post-larval and juvenile fishes and shellfish. Among species clearly making use of the marsh for this purpose were spot (Leistornus xanthurus), Atlantic menhaden (Brevoortia tyrranus), Striped mullet (l!,fugil cephalus), white mullet (/~ curema), and brown shrimp (Panaeus aztecus). Distribution patterns for several species were correlated with salinity and substrate, with tidal headwaters the apparently preferred habitat.. Seasonal effects appeared to separate related and potentially competing species temporally. Marshes closest to the fiver mouth were species rich due to seasonal invasion by low densities of reef, nearshore, and shelf marine species. 51. Zabawa, C.F., R.T. Kerhin, and S. Bayley. 1981. Effects of erosion control structures along a portion of the northern Chesapeake Bay shoreline. Environmental Geology 3: 201-211. Copy on file. Source: Science and Engineering Library, SUNY Stony Brook. QEI71.A22. A 6,500 meter reach of Chesapeake Bay shoreline was examined for historical evidence of erosion before and after bulkheading. Bulkheads were found to produce no deficit in the sediment budget to downdrifl beaches, because scouting of the beaches in front of the bulkheads filled the downdrift sand supply. Bulkheads did eliminate uplands as a source of erodable material to the littoral environment, but the down drift effects of this were small due to accelerated erosion on the seaward side of the bulkhead. Groins were found to maintain beach width, but did not prevent landward migration of the shoreline over a 50 year period. 29 GLOSSARY ABIOTIC-non-living; refers to the structural portion of the environment and includes such things as water, soil, and air AEROBIC-using oxygen ANAEROBIC-not using oxygen BIVALVE-a shellfish, such as a clara or oyster, with an upper and a lower shell BENTHOS-organisms that live on the ocean or estuarine floor I~ULKI-IEAD-a vertical structure, usually made of wood, stone, or sheet metal, designed to hold back water and halt erosion at a specific point CHLOROPHYLL a (also CHL a)-The major protein involved in photosynthesis, used as a measure of the quantity of living plant matter in a sample CONSUMER-an organism that gains energy by feeding on other organisms CRUSTACEAN-marine animals with jointed legs and bodies that are divided into two major parts. Examples arc lobsters, crabs, shrimps, and barnacles. EPIFAUNA-animal species that live on thc surface of the sediment EUTROPHICATION-the accumulation of nulrients, especially nitrogen and phosphorous, in a water body INVASiVE SPECIES-a species not native to a particular ecosystem that is able to grow and reproduce rapidly because natural checks on its growth are lacking. MEIOFAUNA-animals between 0.1-1.0 millimeters in size. PILE FIELD-an area containing wooden posts or piles that are not connected by a covering structure such as a dock, walkway, or pier POREWATER-water trapped between the particles of bottom sediments PRIMARY PRODUCTION-the capture of light energy through photosynthesis and its transformation into chemical energy in the form of plant tissue PRODUCER-an organism that carries out photosynthesis 17/o5 '0~ FRI 11:57 FAX 516 ?§5 6145 $01~I'~OLD CLERK ~ Accounting ~002 05/17/2B02 09~00 51628~7018 JA~ H RAMI~O, ~NC ~E B2 OFI~ICi~. OF TH]I~ ?o~rN C~.r~Rg TOWI~ OF SOUTHOLD APPLICATION FOR PUNUC ACCESS TO RECORDS INSTRUCTIONS: Please complete Section I of this form and give to Town Clark's Office (agency Freedom of Information Officer). One copy will be returned W you In response to your request, or as an interim response. SECTION I. (bepartment dr Officer, if known, I~hat has the informationJ~ou are requesting.) '- RECORD YOU WISH TO INSPECT: [Describe the record sought. If possible, supply date. file title, tax map number, and any other pertinent Information.] Printed Name: Mailing Addr.~s {if different from above): Telephone Number: [ ] APPROVED [ ] APPROVED WITN DELAY* Freedom of Information Officer [ ] DENIED* RECEIVED MAY ~t~og * If delayed ar denied see reverse ;ida for explanation. SsetbelaTownCh~ We, the undersigned and residents of Southold, respectfully pefitio~ [he Southold Town Board of Trnstees to deny permission to Mr. Steven Kram to build ~r~dock onto Peconic Bay. We do so for environmental reasons and safety concerns. SIGNATURE 1 2 3 ADDRESS 6 7 8 9 10 I1 12 13 15 Board of Trustees to deny permission to Mr. Steven Kram to build o dock onto Peconic Bay. We do so for environmental reasons and safety concerns. SIGNATURE ADDRESS 32 33 34 35 36 39 40 43, it /( / r March 4, 2002 HOMEO ERSASSOC TION, C. P.O. Box 428 Southold, New York 11971 Mr. Albert J. Kmpski, President Southold Town Board of Trustees 53095 Route 25 P.O. Box 1179 Southold, N. Y. 11971-0959 Dear Mr. Krupski: To begin let me compliment you on your competence and professionalism in chairing the last meeting during February. As a former school board president I can appreciate the task it is to chair a meeting in front of a group of penple with diversified interests. You did-lt.well. On behalf of our property owners, I am writing to once again express our firm opposition to the proposal by Mr. Steven Kram to build a dock onto Peconic Bay. You will shortly receive a petition from residems here reaffirming that opposition. Based on the fact that the gentlemen from the Stale recommended against it at the last meeting and the article in the February 28 edition of the Suffolk Times that the Board is considering banning the constmetion of all docks onto the Bay, we are optimistic that you and your fellow Trustees will resolve this matter in our favor. Yours truly, Richard Engert Trustee, Angel Shores Homeowners Association 22. TRUSTEE KRUPSKI: We went and it was high water and we couldn't get out there. There was no change in the house, so we left. The house hadn't been staked and we didn't receive any new plans for the house. JIM FITZGERALD: Well it's like I said, I wanted you to determine if there were going to be any changes. This could continue to be a problem. I had called the office when Iow tide was going to be and indicated that it was a problem in that area and went out there and marked the location of the mooring pile and then had that stolen by somebody who happened to be walking through that area, I guess. I thought that you might have seen it. TRUSTEE KRUPSKI: Well the house wasn't staked. We asked you last month, or maybe the previous month to have the house staked and to have a 50' setback for the house. It didn't really make sense to keep going back and forth if nothing is ready for us. I'll make a motion to Table the application. TRUSTEE POLIWODA: Seconded. ALL AYES JIM FITZGERALD: Can I hear your thoughts on the dock situation assuming that it turns out to be the way it's shown on the drawing. TRUSTEE KRUPSKI: Well we have to go look at it. That's my thought. JIM FITZGERALD: It's right here on a piece of paper. TRUSTEE KRUPSKI: We actually need to see it on a survey. This isn't an actual survey. This should be placed on a survey. JIM FITZGERALD: Why is that? TRUSTEE KRUPSKI: Because that's the way the Code is written. JIM FITZGERALD: Would you accept a survey if there was a project plan in all cases? TRUSTEE KRUPSKI: No, we need whatever information we need. But, you had one dock placed on a survey but you're going to have to show the house placement on a survey, correct? So you might as well have the dock placed on the survey. JIM FITZGERALD: But I'm thinking about other projects because it seems to change. TRUSTEE KRUPSKI: Well I'm sorry if it does. We try to be consistent. I'll make a motion to Table the application. TRUSTEE POLIWODA: Seconded. ALL AYES Proper-T Permit Services on behalf of STEVEN KRAM requests a Wetland Permit to construct a 4'X 57' fixed dock with four 2-pile dolphins for mooring. Located: 100 West Lane, Southold. SCTM#88-6-12 TRUSTEE POLIWODA: Is there anyone who would like to speak on behalf of this application? JIM FITZGERALD: (inaudible) TRUSTEE KRUPSKI: The SEQRA requirement has been completed. JIM FITZGERALD: Meaning? TRUSTEE KRUPSKI: Meaning that we can vote on the project. We've complied with the SEQRA law and coordinated with the required agencies. Now we can vote on the project. JIM FITZGERALD: Did any of the other agencies have any input? 22 TRUSTEE KRUPSKh No, no comments. JIM FITZGERALD: Which means that they don't care about it right? TRUSTEE KRUPSKI: Presumably. TRUSTEE POLIWODA: Any other comments? JIM FITZGERLALD: I would do nothing but repeat the (inaudible). The most recent drawing I gave you shows the dock moved to the westerly side of the property to accommodate the concern of the property owners association. TRUSTEE KRUPSKI: Thank you. NEIGHBOR: I speak on behalf of the people from Angel Shores. We are opposed to the dock and whether you look left or dght, we still surround the whole area so it doesn't make much difference. We oppose the dock and we had submitted previously a petition from 50 of the surrounding area people who oppose the dock and are very against it. We have the environmental concems for the area and the safety of the people there and therefore we do not want to see the dock there. TRUSTEE KRUPSKI: Thank you. NEIGBBOR: I'm from Angel Shores also and we understand that the DEC didn't care for this dght? TRUSTEE KRUPSKI: We're not aware of the DEC's decision on this. NEIGHBOR: How about the Bay Constable? At the last meeting you made it quite clear that he wasn't happy with it. TRUSTEE KRUPSKI: Maybe it was the Baykeeper. NEIGHBOR: Oh ok. JIM FITZGERALD: Excuse me, what meeting was he at? NEIGHBORS: The last headng. JIM FITZGERALD: The Baykeeper was at the last hearing and spoke against this? NEIGHBOR: Yes he did. TRUSTEE KRUPSKh He can confirm that. Turn around. KEVIN MCALLISTER: Yes, I did. JIM FITZGERALD: Thank you. NEIGHBOR: To me, this dock is going to look like some sort of fence between the two beaches that we do use. From the high-water mark, out 57', it's an obstruction to the beaches that we do use. This is dght in between both beaches. They are pdstine beaches. There are no docks there. If this is allowed, you have several other homes that will be looking for it too. TRUSTEE KRUPSKI: Is there any other comment? JIM FITZGERALD: May I respond. The concept keeps coming up, which I guess is under the "not in my backyard" heading in the regulations about if you let this, then other people would want to do it. It's not my understanding that that's what this Board is all about. The fact that the area around you at a given time, there was no other dock around and a dock was there, and now there's another dock there. This is a waterfront community. People use docks. People moor their boats, all in the same kind of area we are talking about, and people swim in the water. People swim in the water in front of their beach and the people that have a house, have a dock in front of their house. That's all. NEIGHBOR: (inaudible) This is not a friendly situation and this stems from a party from the year before and they tried to stop anybody crossing in front of the high-water mark from one beach to the other. (inaudible) TRUSTEE KRUPSKI: Is there any other comment? TRUSTEE FOSTER: ^ lot of things changed. Years ago, we all had a beach, then we had to have a bulkhead, then we got a bulkhead, and now we have no beach. Now we want a dock. JIM FITZGERALD: And what will that do? The dock is not going to cause any erosion problem. TRUSTEE KRUPSKI: A dock actually is considered hardening of the shoreline and it does contribute to erosion. JIM FITZGERALD: Any more than the hundreds of groins and jetties that we have along there. TRUSTEE KRUPSKI: There were a lot of mistakes made in the past. JIM FITZGERALD: So we're going to fix it now by denying this dock? TRUSTEE KRUPSKt: I didn't suggest that yet. I just answered your question. JIM FITZGERALD: Thank you. TRUSTEE KRUPSKI: Is there anyone else who hasn't spoken. TRUSTEE POLIWODA: Well we have our comments from last month, and the Peconic Baykeeper spoke and the accumulative impact of placing structure on the bay. Nature Conservancy has a large package on reasons why not to allow docks on the bay. I agree with them all. JIM FITZGERALD: Is that information available to civilians. TRUSTEE POLIWOD^: Yes, it's in the file. TRUSTEE DICKERSON: I was just going to reiterate what some of the other comments were. You were saying that everyone wants docks when everyone comes out here but I think we've learned from the past and what we've learned and we're hearing more and more from Baykeepers and Nature Conservancy, is now to start taking care of these areas that we've all been so concerned about. It's not just the one dock. It's that all of these things are changing and changing and what's been done in the past, as Artie said, isn't necessarily what's good for the future. JIM FITZGERALD: The thing I really don't understand, I don't think it's been addressed yet is, specifically, in detailed terms, what is it that the dock will do that's bad for the Town of Southold? TRUSTEE DICKERSON: It increases the hardening of the shoreline, it increases the... JIM FITZGERALD: Any dock is good or bad for the Town of Southold. TRUSTEE KRUPSKI: It's placed in a public area so for safety and ...if you want to look at Chapter 97-28, the Wetland Code, there are a number of items here that are relevant. One is the safety and navigation. Of course it will result in a problem with navigation because it is a structure completely alone in an area of the bay that's completely undeveloped. Another reason is that it's adjacent to a public bathing beach and the dock is going to attract boats and 24 jet skis and all sorts of motorized boating activities, which could be. dangerous. So, that's in the standards, 97-28F, which adversely affects navigational tidal waters. Then of course, you get into 97-28D, adversely affect the shellfish and other beneficial marine organisms because you're actually going to physically displace some of that environment in the tidal and inter-tidal area, by the presence of the dock itself. It will also, because it is a hard structure, it will also cause some damage, under Chapter 97-28B, it will cause damage from erosion and of course during installation, turbidity and siltation. But it will affect, because it is a structure, G-change the course or any channel or the natural movement or flow of any waters. It will affect the natural flow of waters, which in fact, will affect the natural flow of sand movement down the beach. We've seen this happen in the past in docks on the bay that were permitted. We've seen how they affected the flow of water and the flow of sand. JIM FITZGERALD: Really. TRUSTEE KRUPSKI: Absolutely. JiM FITZGERALD: Is there one that I could look at? TRUSTEE KRUPSKh Go to Cleaves Point in East Marion and you'll see some of the mistakes of the past that were made. JIM FITZGERALD: These things that you just described would only apply to docks on the bay, right? TRUSTEE KRUPSKh Not necessarily. We're only talking about this particular dock at this moment, not in general. Some are in general, but that this moment we are specifically referring to this location. Any other comment? Do I have a motion to close the hearing? TRUSTEE POLIWODA: So moved. TRUSTEE KING: Seconded. ALL AYES TRUSTEE POLIWODA: I'll make a motion to DENY the application. TRUSTEE DICKERSON: Seconded. ALL AYES 23. Proper-T Permit Services on behalf of R.W. REINIGER requests a Wetland Permit to install post and reil fence 48'+/- overall length with top rail 4' +/- above grade; seaward end of fence to be at ordinary high water mark. Located: 3500 Lighthouse Rd., Southold. SCTM~50-2-1 TRUSTEE KRUPSKh Is there anyone who would like to speak in favor of the application? JIM FITZGERALD: The problem is that this property, as you can see here, is so close to the end of Lighthouse Road, and he gets a lot of activity on the beach, much of which is not stuff he wants to look at. I guess he got tired of taking pictures of them so he would like to give some indication to the citizenry that it's private property that they are doing their thing on. TRUSTEE KRUPSKh Is there any other comment? TRUSTEE POLIWODA: I looked at this. TRUSTEE KRUPSKh It's the Board policy to permit an open fence of post and rail or less 8' above the high-water mark. 24 19. Proper-T Permit Services, Inc. on behalf of STEVEN KRAM requests a Wetland Permit to construct a 13'X 8' +/- extension to the existing house; construct 4'X 57'+/- overall fixed open walkway free-standing dock with steps to grade at landward end. Located: 100 West Lane, Southold. SCTM#88-6-12 TRUSTEE KRUPSKh Would anyone like to speak in favor of the application? JIM FITZGERALD: Yes, I would. I think the part of the application to construct an extension to the house is pretty straight-forward, unless you have any questions. (changed tape) (inaudible) Let me go back if I may. The part of the application that refers to the dock is pretty straight-forward too. Do you have any comments? TRUSTEE KRUPSKh I'll read the CAC comments. The CAC recommends Disapproval of the application because all proposed structures were not staked. In orderto achieve the appropriate water depths, the structure would have to go much further out. JIM FITZGERALD: To achieve what water depth? TRUSTEE KRUPSKI: It doesn't say a specific number...resulting in negative impacts on the entire area including limiting access to the public resources and interfering with navigation. The proposal is for a 68' dock reaching 2 %' 4". That's the CAC comments but Iht me take any other comments and then the Board will talk about it. Is there any other comment? RICHARD ENGERT: I'm a Trustee with the Angel Shores Homeowners Association of which we have 41 property owners. I'm sure you've inspected the area. Our private beach is dght adjacent to this property and then also on the other side of it there are three more beaches that belong to one of our property owners. Or.. behalf of all 41 members we vigorously oppose the construction of f. hat 57' dock. We have no problem with the other structure but we have three major concerns. One has to do with the...we're on the east side of that dock about 15' ..each property line is about 'i 5' from that dock and from what people t~il me, and fight now I wish I had that gentleman who was speaking on number 17 because I didn't understand a word he said but from what I understand, the water' flows from east to west and there is a concern with beach erosion. There is a jetty all the way down and when you walk down there on the east side of that jetty, the beach is totally gone and it's just a hole there. Our second concern that we had is that in our covenant which was registered in 1995 with the Suffolk Coun .ty, on page 41, the Southold Planning Commission put in there that Lots 42, 43, and 44 can not construct a dock or any other structure out into the Peconic Bay so to be consistent with it, if we can't do it, why can the adjacent property owner. Would you like to see this? TRUSTEE KRUPSKh No, I believe you. RICHARD ENGERT: Our third concern that we have is that during the summertime, we're going to have about 40 families with small children that use that beach frequently and if you put a dock up, you're going to have boats coming in, jet skis and who knows what. There is certainly a grave certain about safety. We've got kids in the water, thei~:'parents in the water and accidents do happen. Once again, those are our three major concems and if you have any questions, I'd be happy to answer them for you. TRUSTEE KRUPSKI: Thank you, that's pretty straight-forward. What were the CAC comments? SCO'~I' HILARY: In the odginal application, they referenced a 68' structure and when you do the distance to the beach from the bulkhead seaward, that's approx. 40' dght there so the structure wouldn't be going into the water too far. That area on the bay is historically known as...you really need to go out far to try to achieve any water depths. That was one concern. We didn't have any problem with the proposed addition but we do have a problem that, that area is not consistent with having those types of structures and it would limit navigation as well as public access. TRUSTEE KRUPSKI: Thank you. Does the Board have any comments? TRUSTEE FOSTER: Well I kind of thought that was what we discussed. TRUSTEE KRUPSKI: Yes. Now I spoke to Mr. Fitzgerald and we were getting some other information, I believe, on docks in the bay from the Baykeeper and we're waiting on that. He's on vacation now so he wasn't available so I had asked Mr. Fitzgerald eadier today if we couldn't split this application off, and review the house addition separately from the dock because we didn't want to hold up the house application because it's going to require a building permit and whatnot, from the dock review. I don't know if the Boards inclined to do that or do you just want to vote... BOARD: That's fine. TRUSTEE KRUPSKI: Do you think that's appropriate? JIM FITZGERALD: Yes, that's fine. May I comment on the dock? TRUSTEE KRUPSKI: Yes. JIM FITZGERALD: Let me ask you this. If that dock were in a creek, would it be acceptable, with all other things being equal? TRUSTEE KRUPSKI: It depends on the exact location. It's impossible to put that dock...you can't superimpose it in any creek because every location is completely different. You and I have been out there in a kayak and know you really have to look hard at every location. JIM FITZGERALD: I'm not quite clear on why the Board is interesting in gathering more information. It must be because you think that it's not an appropriate place for a dock, correct? TRUSTEE KRUPSKI: We do. We do feel it. JIM FITZGERALD: Why is that? TRUSTEE KRUPSKI: We feel it's inappropriate because exactly the reasons the homeowner's association stated. Those are some of our big concerns, safety and navigation. The fact that it's public bottom and it's going to monopolize public bottom where, historically, there is no other docks in that immediate area, and of course, the effect of the environment in that specific area. There's a number of reasons for us to be un-inclined to approve it but if we're going towards the disapproval, we want to make sure that we have all of our facts and figures straight and we don't want to rash into it. JIM FITZGERALD: I think all of the things that you say, with the exception of that there are no other docks in the area, could also apply to a dock in a creek. Safety, navigation, and the environment. I think that dock in that location is less, from an environmental standpoint, is less intrusive then a dock in the creek. That's not a great bottom there for food production or shellfish production and what have you. TRUSTEE KRUPSKI: The last couple of years, if you noticed, the length of the catwalk we've been approving in the creek is basically to the edge of the water and not much further. This in fact extends some 30' into the water and so we don't approve too many fixed docks 30' into the actual water. You can't compare this dock with a dock in the creek. JIM FITZGERALD: The only I'm comparing them is simply because docks in the creek almost are routinely approved with appropriate review and discussion. What I'm trying to get at is the reason for your thinking in terms of disapproving this one merely because it happens to be in the open bay. TRUSTEE KRUPSKh There is also a history of dbcks being built on the bay and there are very few in Town for the reason that it's very difficult to keep on a dock in the bay because of the prevailing southwest winds in the summer time. Our experience is that docks, once approved, require amendments to make them larger because there is insufficient water depth and then the dock needs extra pilings to tie the boats up because of the rough water and then the dock needs an "L" or a ~ at the end with a wave curtain because of water conditions. These docks, from my experience on the Board, have been, the docks that we've approved on the bay, in my experience, have been mistakes because they've grown from just a dock to almost madnas and have certainly created an impact. JIM FITZGERALD: Well it would be very simple for the Board to put a condition on the project that says "no future extensions". You could put a condition on it that says, because this is the next thing that's going to come up, that if it's not used for two years, then take it out. TRUSTEE KRUPSKh No but see, because there's got to be a ...it's not like black and white, here's the dock, it comes in this size only. Now, the dock can come in any size so already before this dock is even been shown at a public headng, there's already a request to add pilings to it so that's just an example of how these docks start to... JIM FITZGERALD: No that was a late... TRUSTEE KRUPSKh No, but I called that one before it happens. These docks tend to grow and here's a request for mooring piles. JIM FITZGERALD: Between you and me, you didn't call it between the time the owner called me and asked me to make that addition. TRUSTEE KRUPSKI: But I suggested that to you before I knew about the addition. That's been the history of docks on the bay...So that's my feeling from what I've seen as a Board member for years. -.. NEIGHBOR: I'm a homeowner in the association and I have three young children. I just wanted to differ with his opinion about it being no different than a dock in the creek in as much as the adjacent property is a recreational beach so that really is my major cencem. The dock invites boat traffic and that's not appropriate next to a pdvate beach that's utilized by 49 families, TRUSTEE KRUPSKI: Thank you. -' ' JIM FITZGERALD: From the standpoint of the... I think on the things that came up from some discussion was the visual instruction of the dock in · the pdstine water[ront. While there aren't many docks in the bay throughout the Town, there ara an awful lot of groins and jetties and they don't look very different from a distance than a dock does. The other thing is that dudng the summertime, there are a lot of boats moored there and some of them are moored very dose to public beaches. So, what's the deal there as far as the comment the gentleman just made? Is that a matter that the Trustees take into account when you get an application for a moodng that's next to a public or association beach? TRUSTEE KRUPSKI: At this time, the Town of Sbuthold does not regulate moodngs in the bay. We had about a half an hour discussion about moodng in the bay at our worksession this evening, which is one of the reasons why we started so late. It is becoming a big problem. We attempted to regulate moodngs in the bay a number of years ago and we were basically shattered down by everybody who was interested in it and received absolutely no support for it. Now, there's seems to be more of a concern because it is becoming such an unregulated activity and justifiably so since the mooting are taking place on public bott, om, but that's another issue. JOE GREGO: I'm also a homeowner at Angel Shores. From what I'm seeing of the diagram, this free-standing dock starts at the nigh-water mark, not at the bulkhead. TRUSTEE KRUPSKI: That's correct. JOE GREGO: It goes out 57' plus or minus. TRUSTEE KRUPSKI'. That's what I'm looking at here, yes. I did have a different plan here a minute ago. JOE GREGO: According to the diagram, at mean-low water, that's 2.4' correct? From my recollection in that area, mean-high water is 3.6' above that. That means this free-standing dock is going to be approximately 8' above mean-low water, and you're looking at it, because you're going to have to come above the 6' level. What l'm getting at is that at Iow-water, there is going to be approximately 6' or 7' of dock in the air and there is going to be bamacles on those poles eventually and like he said, people have small children and even adults, they get a boat wave and gets pushed against one of those pilings with the barnacles, you've got a rough cut. This is a big safety factor. And another thing, fine they're not going to tie a boat up, but is there a restriction in the Town for boat lifts to pull them up out of the water?. TRUSTEE KRUPSKI: No. JOE GREGO: Ok, that's something that could happen, so I think the Town should take all that into consideration. TRUSTEE KRUPSKI: Thank you. I think the Board is still inclined to gather more information on this and we would be happy to split the application and approve the addition to the house tonight. I'll make a motion to Table the public headng until next month. TRUSTEE KING: So moved. TRUSTEE DICKERSON: Seconded. ALL AYES TRUSTEE KRUPSKh I'll make a motion to Approve the application portion of it to include only the addition to the house. TRUSTEE KING: Seconded. ALL AYES 20. Land Use Ecological Services, Inc. on behalf of GUSMAR REALTY requests a Wetland Permit re-seed and re-grade existing area, fix sprinkler system, install wood chip access path, and install chain-link fence. Located: Shipyard Lane, East Madon. SCTM#38-7-12 TRUSTEE KRUPSKI: Would anyone like to spea~( in favor of the application? DAN HALL: Good evening, I'm from Land Use to speak on behalf of the applicant. This project is a remediation that was required by the DEC as a settlement for activities involving repair of a utility line and they had to create a buffer area and it appears in the file that your jurisdiction is 100' from the wetland zone and the high-water mark at this site so it really involves the planting of the beach grass. TRUSTEE KRUPSKI: That's correct, that's the limit of our jurisdiction. Is there any other comment? Is there a CAC comment on this? SCO']-]' HILARY: There was no inspection and no comment. TRUSTEE KRUPSKh Ok, thank you. TOM KRAUS: I'm speaking as a representative of the Crescent Beach Condominiums on the adjacent property to the project. Our concern is based on the fact that the declaration of covenants and restrictions for Summit Estates specifically prohibits what it is they are applying to do. I have copies of the covenants and restrictions for the Board members. This specific site that's in the site plan is referred to on page 4 and continued on page 5 as the land running along the land now or formedy Cleaves Point Condominiums for 540' to the high-water mark on Gardiner's Bay and then across the Cleaves Point Condominiums and up Crescent Beach Condominiums. The site plan is also known on the site map of Summit Estates as a park and recreation area pamel B. If you go to the next page, it says "the fence which extends in the park and recreation parcel B is to be removed". (inaudible) They also raised the property by erecting a concrete wall 4' high so the grades that you see on the site plan stop of "Proper-TPermit Services Phone: 631-734-5800 Fax: 631-734-7463 MEMORANDUM TO: FROM: SUBJECT: DATE: February 11,2002 Trustees Jim Fitzgerald Steven Kram; SCTM #1000-88-6-12 We would like to change the design of the landward end of the proposed structure as per the attached revised drawings and the following project description: PROJECT DESCRIPTION: Construct 13' X 8'+ extension to existing house; construct 4' x 57'± overall fixed open walkway free-standing dock with steps to grade at landward end. Enclosures: Project Plan, Revised 2/6/02 The location of the seaward end of the structure is unchanged. 734.$800 I June 18, 2002 Al Kruf~ki, Chairman Southold Town Trustees Town Hall Annex Main Road Southold, N.Y. 11971 JAMES H, RAMBO, INC. 229 BISHOP'S LANE SOUTHAMPTON, N.Y. 11968 PHONE: (631) 283-1254 (631) 734-5858 FAX: (631) 283-7018 Re: Dock App?cation of Mr. Steve Kram of Southold Dear Mr. ~r~ki, We ?egret not being afforded the opportunity to reargue the referenced application before the board. This is the first time, in our memory, that a permit has been denied with prejudice. We renew our request t~ appear before the board. Barring that request please send the owner and his representative formal denial of his application. Hopefully, you will define your rationale. The owner's options remain open. Perhap~ competent council will refuse to allow you to state those objections. We will request (FOIA) your minutes when they have been transcribed. Mr. Justice Holmes (one of our most liberal Supreme Court Justices) warned in Pennsylvania Coal Co. v. Mahon 260 U.S. 393,416 (1922) ~Ve are in danger of forgetting that a strong public des/re to improve the public condition is not enough to warrant achieving the des/re by a shorter cut than the constitutional way of paying for the change~. P/ease reply as soon as possible. Respectfully, Thomas E. Samuels, Pres. Cc: Jim Fitzgerald Steve Kram Wm. Morris Agency, Inc. Board Of Southold Town Trustees SOUTHOLD, NEW YORK ISSUED TO STBVEN KRAM Pursuant to the provisions of Chapter 615 of the Laws of the Stale of New YorE, 18931 and Chapter 404 of the Laws of the State of New York 19521 end the Southold Town Ordinance en- titled ."REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL. OR OTHER IdATERIALS FROM LANDS UNDER TOWN WATERS;!~. and in accordance with the Resolution of The B6erd adopted at a meeting held on .~.b...t...~ ...... 20g.~ ....... and in consideration of the sum of $..J.g.)).~.g.g. ...... peld by Steven Kram Of .................. ~:?~ .........................' ...................... N' Y' andsubject to the Terms and Conditions listed on the reverse ride hereof, o{ Southold Town Trustees authorizes and permits the foBow~ng: Wetland ~e~mit ~o const~ct ~ 13~ St+/- e×tension to the existing house. all in accordance with the detai~ecl specifications as presented in the originating appllcatlon. IN WITNESS WHEREOF, The said Board of Trustees kere- by causes ifs Corporate Sea! to be affixed, and thesepresents fo be subscribed by ~'majorlty of the seld Board as of this date. · , K,e(~n.~h- ~oli~oda(Absent) 'rnatees TERMS end CONDITIONS Steven Kram 11499 Bellagio Rd., Los Angeles CA 90049 N. Y~ ~ 5. ~ ~ p,.~,,iT shotdd be r'*";,,,.4 imt~mi2~y, or ~s laog ~s dm s,id p,~,d,~e whims m -~,~,~-i- d~e stmau~ o~ p~oject Lavolved, to l~oviae e~ide~ce m ~ maces,ed chin: ~ 4. Zl~t ~he wink ~...Ived ~ b~ mbject to ~he ~_oa ~i ~ of the Boeai o~ i~ ~ ~ ao~-complLm~ with.the prmds~om of tl~ od~ ~pl~ m~ be c~ase for ~oc~oa of chLs Pe~n~t by mohtloa of d~e ~ BoemL 5. Thtc dJere will be no uarusomble imerfe~oce wi~h mvi~ u t reml~ of zhe w~k be~em ~chodzed. 7. Th~ if fuaL~ ope~iam of d~e Towa of Southold ~lai~e dm maonl m~i/or ~miem the lo~tcioa o~ d~e wofR herein ?,~, or fi, in d~e opiak~ o~ the Bo~d o~ Tmseees, the. upoa du~ nook:e, to remove o£ "lter d~is work oc project he,da stated witbom: extmme~ to the Tram 8. Th~ me hid Board will be not~fled by the Ps'm{"-- o~ ~he o0~ledo~i~ the work m~h- odzed. 9. That d,e Pe.,'-,i-',.e will oL-~ !,, all mher ~ ~d ~ d~ ~ b~ ~ ~- ple,:~'~l m chis pet-mit which my I~ ,,~%je~ to ~-vom, upoa f,~.,~ to obm~a seine. Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Seuthold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 February21,2002 BOARD OFTOWNTRUSTEES TOWN OFSOUTHOLD Mr. James E. Fitzgerald, Jr. Proper-T Permit Services P.O. Box 617 Cutchogue, N~' ! I935 RE: STEVEN KRAM 100 West Lane, Southold SCTM#88-6- l 2 Dear Mr. Fitzgerald: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, February 20, 2002 regarding the above matter: WHEREAS, Proper-T Permit Scrvises on behalf of STEVEN KRAM applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated January 3 i, 2002, and. WHEREAS, said apphcation was referred to the Southold Town Conservation Advisory Council for their findings and ceconunendations, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on February 20, 2002, at which time all interested persons were given an oppommity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and thc surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 97 of the Southold Town Code, 2 WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approve the application of STEVEN KRAM to construct a 13'X 8'+/- extension to the existing house. 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. Permit to construct and complete project will expire two years from the date it is signed. Fees must be paid. if applicable, and permit issued within six months of the date of this notification. Two inspections are required and the Trustees are to be notified upon completion of said project. Fees: None Very truly yours, President, Board of Trustees AIK/lms DEC Bldg. Dept. Telephone (631) 765-1892 Tovat H.~. 53095 Main Road P.O. Box 11'/9 Southold. New Yo~k 11971 SOUTHOLD TOWN CONSERVATION ADVISORY COUNC-~, At the meeting of the Southold Town Conservation Advisory Council held Tuesday, February 12, 2002, the following recommendation was made: Moved by Scott Hilary, seconded by Jason Petrucci, it was RESOLVED to recommend to the Southold Town Board of Trustees DISAPPROVAL of the Wetland Permit Application of STEVEN KRAM to construct a 13'X 8' +/- extension to the existing house; construct 4'X 68' +/- fixed open walkway dock attached to existing bulkhead. Located: 100 West Lane, Southold. SCTM#88-6-12 The CAC recommends Disapproval of the application because afl proposed structures were not staked. In order to achieve the appropriate water depths, the structure would have to go much further out resulting in negative impacts on the entire area, including limiting the access to the public resources and interfering with navigation. Vote of Council: Ayes: All Motion Carried JAN 3 I HOG NECK BAY PROJECT IS CIRCLED ~o~o~ ~, ~ BAY~ '~ \'5, \ / SHELTE. VICINITY MAP Application regarding the property of Steven Kram, SCTM #1000-88-6-12 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchob'u¢, NY 11935 James E. Fitzgerald, .Ir. 516-734-5800 January I 0, 2002 THE SITE OF THE PROPOSED PROJECT IS SHADED TAX MAP Application regarding the property of Steven Kram, SCTM # 1000-88-6-12 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogme, NY 11935 James E. Fitzgerald, Jr. 516-734-5800 January I0, 2002 Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 July 19, 2004 President Board of Town Trustees Town of Southold Town Hall, 53095 Main Road Southold, New York 11935 Re: Request for Extension of Permit #5634, Steven Kram; SCTM #1000-88-6-12 Dear Sir: There was an amendment to the original permit, and we have not had sufficient time to complete the approved activities in the amendment. We ask for a one-year extension to this permit which is due to expire on 9/25/04. The $50 fee is enclosed. a subsidiary of THE PECONIC EASTERN CORPORATION Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 July 1, 2003 President Board of Town Trustees Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Re: Reouest to Amend Permit No. 5634; SCTM #1000-88-6-12. Stevan Kram Dear Sir: The property owner, Stevea Kram, wishes to amend the referenced permit to include additional operations as follows: Construct 4' high mesh deer fence around the property beginning 15' landward of the existing bulkhead Construct 4'x 4' platform and stairs to beach on the seaward side of the existing New drawings showing the proposed amendments are enclosed. If there are any questions, or if additional information is needed, please call me. Enclosures: Amendment fee (check, $40) Project Plan (Rev 7/1/03) (6 copies) ~s E. Fitzgeral~ a subsidiary of THE PECONIC EASTERN CORPORATION Albert J. ¥~upski, President James King, Vice-President Hen~ Smith Ar~e Foster Ken Poliwoda Town Hall 53095 Route 25 P.O. Box 1179 Southold,,New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only Coastal Erosion Permit Application/ Wetland Permit Application i/Major Waiver/AmendmenffChan~es Received Application: q! Sa4t ]~ ~ ReceivedFee:$ ~0 ~' l ,~' O ~ / Completed Application q ['~[ oTM Incomplete SEQRA Clmsification: Type I Type II Unlisted Coo-~-:-dmation:(date sant)~a~..ff_ CAC Referral Sent: Date of Inspection: ~ / { ~/ Receipt of CAC Report: Lead Agency Det~ u~nation:__ Technical Review: , Public Hearing Held: ~. !~ Resolution: Minor Name of Applicant Steven Kram Address 11499 Bellagio Road, Los Angeles CA 90049 PhoneNumb~:( ) 310-859-4400 SuffolkCoun~TaxMapNumb~: 1000- 88-6-12 Pmpe~yLocation: 100 West Lanet Southold (See attached maps.) (provide LILCO Pole #, distance to cross streets, and location) AGENT: (If applicable) Address: James E. PitzEerald, Jr. / Prooer-T Permit Services PO Box 617, Cutchogue I~ 11935 Phone: Board of Trustees Application Land Area (in square feet): Area Zoning:. GENERAL DATA 15,783 sf A-C Previous use of property: . Intended use of property: Private residence Private residence Prior permits/approvals for site improvements: Agency Date Sq~thold Trustees . 2/21/02 No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or mspended by a governmental agency? X No Yes If yes, provide explanation: PROJECT DESCRIPTION: Construct additions to the existing house as follows: one is 14' x 27.8' and extends to the east of the existing structure; another is 7' x 65.4' and is located along the back, or north side of the existing structure; another is 4' x 9' and is on the front, or south side, of the existing structure. Board of Trustees Application WETLANDfrRUSTEE LANDS APPLICATION DATA · Purpose of the proposed operations: Expand house Area of wetlands on lot: -0- square feet Percent coverage of lot: N/A % Closest disumce bev.veen nearest existing structure and upland edge of wetlands: N/A feet Closest distance between nearest proposed structure and upland edge of wetlands: N/A feet Does the project involve excavation or filling? No X Yes For crawl space ffyes, how much material will be excavated? 94 · How much material will be filled? N/A Depth of which material will be removed or deposked:3 max Proposed slope throughout the area of operations: N/A Manner in which material will be removed Or deposited: Ba ~-~'~ cubic yards estimated maximum cubic yards feet 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): It is expected that the project will have no significant effect on the wetlands and tidal waters of the Town. AFFIDAVIT OF POSTING TO THE SOUTHOLD BOARD OF TOWN TRUSTEES IN THE MATTER OF THE APPLICATION OF: STATE OF NEW YORK COUNTY OF SUFFOLK I, James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue, NY 11935, being duly sworn, depose and say that on the 15 day of July, 2003, I personally posted the property known as 100 West Lane, Southold, by placing the Board of Trustees' official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing, which date is noted there,, ? .~ _j~ ~mary 20, 2002 at or about 7:09 PM. · FitZg~'al~', J5 Sworn to before me this ~r~cO day of ~-kS~ooc ,2003: Notary Public '-~ k> ~ pU~IC ~ ~ AFFIDAVIT OF MAILING TO THE SOUTHOLD BOARD OF TOWN TRUSTEES IN THE MATTER OF THE APPLICATION OF: Steven Kram STATE OF NEW YORK COUNTY OF SUFFOLK James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue, NY 11935, being duly sworn, deposes and says that on the 14th day of July, 2003, deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown in the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Cutchogue, NY 11935, that said Notices were mailed to each of said persons by Certified Mail/Return Receipt Re- quested. Sworn ~ before me this ~c~ day of M.~ ,200 Notary Public~ ,.~,o 5634 Date: TO: Adjacent Property Owners (Names and addresses are listed on the attached sheet.) '10, 2OO3 BOARD OF TRUSTEES, TOWN OF SOUTHOLD NOTICE TO ADJACENT PROPERTY OWNER In the matter of: Steven Kram, SCTM #1000-88-6-12 YOU ARE HEREBY GIVEN NOTICE THAT: 1. An application is being submitted to the Board of Trustees for a permit to: Amend Permit No. 5498 to include construction of a 4' high mesh deer fence around the property beginning 15' landward of the existing bulkhead, and construction ora 4'x 4' platform and stairs to beach on the seaward side of the existing bulkhead The project described above is proposed on property adjacent to yours. The street ad- dress of that property is as follows: 100 West NY 11971 I Lane, Southold, I The project, which is subject to Environmental Review under Chapters 32, 37, or 97 of the Town Code, is open to public comment. A public hearing will be held at Town Hall, 53095 Main Road, Southold, New York 11971 at or about 7:00 PM on Wednesday, July 23, 2003. If you wish to comment you may call the office (631-765-1892), or applications may be reviewed and comments may be submitted in writing up to 24 hours prior to the hearing. The project described above will be reviewed by the Board of Trustees of the Town of Southold. The project may require independent review and approval by other agencies of the Town, State, or Federal governments. PROPERTY OWNER'S NAIVEE: MAILING ADDRESS: PHONE NO.: Steven Kram 11499 Bellagio Road Los Angeles, CA 90049 310-476-7446 A copy of the plan showing the proposed project is enclosed for your convenience. October 2, 2002 KRAM: ADJACENT PROPERTY OWNERS 1000-88-6-13.44 John Fallon 4 Hemlock Road Bromcville NY 10708 1000-88-6-13.60 Angel Shores Homeowners Assn Inc. (Lot 13.60) PO Box 428 Southold NY 11971 1000-88-6-13.43 John & Susan Fallon 4 Hemlock Road Bronxville NY 10708 1000-88-6-13.57 Angel Shores Homeowners Assn Inc. (Lot 13.57) PO Box 428 Southold NY 11971 AFFIDAVIT OF MA II,lNG TO THE SOUTHOLD BOARD OF TOWN TRUSTEES IN THE MATTER OF THE APPLICATION OF: Steven Kram STATE OF NEW YORK COUNTY OF SUFFOLK James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue, NY 11935, being duly sworn, deposes and says that on the 17th day of September, 2002, deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown in the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Off'ce at Cutchogue, NY 11935, that said Notices were mailed to each of said persons by Certified Mail/Return Receipt Re- quested. Sworn to before me this 25th day of September, 2002 Notary Public L3.3 ~ TO: Date: September 16, 2002 Adjacent Property Owners (Names and addresses are listed on the attached sheet.) BOARD OF TRUSTEES, TOWN OF SOUTHOLD NOTICE TO ADJACENT PROPERTY OWNER In the matter of.' Steven Kram. SCTM #1000-88-6-12 YOU ARE HEREBY GIVEN NOTICE THAT: 1. An application is being submitted to the Board of Trnstees for a permit to: Amend Permit No. 5498 to include additions as follows: one is 14' x 27.8' and extends to the east of the existing structure; another is 7' x 65.4' and is located along the back, or north side of the existing sR'ucture; another is 4' x 9' and is on the front, or south side, of the existing structure. The project described above is proposed on property adjacent to yours. The street ad- dress of that property is as follows: 1100 West Lane, Southold, NYl1971 ] The project, which is subject to Environmental Review under Chapters 32, 37, or 97 of the Town Code, is open to public cortmaem. A public hearing will be held at Town Hall, 53095 Main Road, Southold, New York 11971 at or about 7:00 PM on Wednesday, September 25, 2002. You may contact the Trustees Office at 631-765-1892 or in writing if you wish to comment The project descntxxl above will be reviewed by the Board of TruStees of the Town of Southold. The project may require independent review and approval by other agencies of the Town, State, or Federal governments. PROPERTY OWNER'S NAME: MAILING ADDRESS: PHONE NO.: Steven Kram 11499 Bellagio Road Los Angeles, CA 90049 310-476-7446 A copy of a sketch or plan showing the proposed project is enclosed for your convenience. September 12, 2002 KRAM: ADJACENT PROPERTY OWNERS 1000-88-6-13.44 John Fallon 4 Hemlock Road Bronxville NY 10708 1000-88-6-13.60 Angel Shores Homeowners Assn Inc. (Lot 13.60) PO Box 428 Southold NY 11971 1000-88-6-13.43 John & Susan Fallon 4 Hemlock Road Bronxville NY 10708 1000-88-6-13.57 Angel Shores Homeowners Assn Inc. (Lot 13.57) PO Box 428 Southold NY 11971 5L VEY OF r<OPE T'f' 51'II)ATE-" BATVIEIN TOi'~6 5CXJll'IOLD .?~UJ'T, OLK C,O[~TT, NY .~.,~VE¥1= [::) 11-2~"-01,1~-I~'-01 cJU~FOLK. C, OUNT't' TAX # 1000-~-6-12 CERTIFIED TO; I ~T F~ P~EL LI~ ~1~¥ IN ~ FLeD ZO~ ~ ~) ~p # ~10~1~ 5 ~ATIO~ ~ ~E ~'~ ~I~APHI~ ~CALE I"=~0' N JOHN C. EI-rLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.y. 119O1 369-8288 Fax 369-8287 REF.-\~IP SERVER~D~PROS~01-304A 11499 Bellagio Road Los Angeles. California 90049 President Board of Town Trustees Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Dear Sir: Please be advised that I hereby designate and authorize James E. Fitzgerald, Jr. of Proper-T Permit Services to act in my behalf as my agent in the submission and processing of a permit application for the construction of a dock s~award of my property and for the expansion of the house on my property located at 100 West Lane, Southold, and designated by Suffolk County Tax Map No. 1000-88-6-12, and to furnish, upon request, supplemental information in sup- port of the application. Sincerely, STATEMENT TO THE SOUTHOLD BOARD OF TOWN TRUSTEES County .... ) Stme of California ) I, Steven Ir, ram, being duly sworn, depose and affirm that I am the sole Trustee of the Kram Family Trust, an owner of the property located at 100 West Lane, Southold, New York 11971, and identified by Suffolk County Tax Map No. 1000-88-6-12, and that all work will be done in the manner set forth in the present application and as may be approved by the Southold Board of Town Trustees. I agree to hold the Town of Southold and the Town Trustees harmless and free fi.om any and all damages and claims arising under'or by virtue of said permit(s), if granted. I hereby authorize the Town Tmsteas or their agent(s) or representative(s) to enter upon my property to inspect the premises in conjunction with the review of the present application. S~wom to before me this ......~,.q. ...... day of.....~.~..~.~.. ...... 2001 ............ ._7... NbtaryPU~c J ?,i.l&4 ~/E~J--l'ed 12 I pROJEGT I.D. NUMBER I ~17.21 App d C SMte Envlmnmemsl Oulilty Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART'I~-pROJEGT INFORMATION ~o be completed by Applicant or Project sponsorl 1. A~HT~N~R ~ 2. P~E~ NAME J~es E. Fitzgerald? Jr. ~ Kr~ proper~y ~. ~E~ ~ON: ~w~ Southold . ~ Suffolk 100 West ~ne Southold ~ 11971 See attached ~. 5. IS P~ A~ON: s- P~O~CT DESC~ON: Co~mct ~d~t[o~ to thc e~ ho~ ~ ~o~ows: one ~s 14' x 27.8' ~ e~e~ to t~ ~ of~c c~ ~t~; ~t~r ~ 7' x 65.4' ~d is located ~o~ ~c ~[, or ~ side of~ c~8 ~c~; ~othcr ~ 4' x or ~h side, of thc c~ ~. 7. ~UNT OF ~D 8. M~ ~ A~ON COMFY ~ ~NG ZONING O~ O~E~ ~NG ~NO USE SEQR 9. WHAT IS p~ESENT LAND USE IN VICINITY OF IOl~E~r? Deem~ Medium-size private Ymterfro~.t residences [] OUtlr 10. seER A~ION INVOLVE A I~RMIT AI~ROVAI., OR FUNOIN~. NOW OR ULTIMATELY FROM ANY O~ER GOV~NM~TAL AGENCY (F~E~ ~A~ OR ~ y~ ~ NO If y~ Jim ~1) ~ D~i~m ' ' Sou~o[~ 3~;* So~o~ ~e~eee; ~S~C 11. ~ ANY ~ OF ~E A~ON NAVE A CUR~y VAUD 9/23/02 If Is in tho Coastal Area, and you are a state agency, complete tho I Aisoismnnt Form before proceeding with this assessment OVER 1 HOG NECK BAY THE AREA OF THE PROPOSED PROJECT I~ CIRCLED VICINITY MAP Application regarding the pro~per~y of Steven Kram, SCTM #1000-88-6-12 PROPER-T PERMIT SERVICES P.O. Box 617+ Cutchogue, NY 11935 James E. Fitzgerald. Jr. 516-734-5800 January lO, 2002 --"--- PROJECT18 S~DED Appli~ti~ r~ding ~e ~ of S~m ~, S~ ~1~-88~12 PROPER-T PE~ SER~CES P.O. Box 617, Cutch~e, ~ 1193~ ~anu~ 10~ THE pRoPOSED ADDITIONS WHICH ARE THE ouBJ ..... x 85.4', ONE iS APPLICATION. THERE ARE THREE; ONE IS 7' ~4' x 27.8', AND ONE IS 4' x 9'. ....-.- SED 8' x 13' EXTENSION WAS APPROVED BY THIS pROPO 5498 DATED 2/21102 THE TRUSTEES IN pERMIT NO. Pr,opdr-T Permit S vices POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 September 3, 2002 (631) 734-58OO Pre~ent Board of Town Trustees Town of Southold Town Hall, 53095 Main Road Somhold, New York 11971 Re: Aoolication to Amend Permit No. 5498: Steven Kram. SCTM #1000-88-6-12 Dear Sir: Mr. Kram would like to extend his house further than the expansion allowed under Trustee Permit No. 5498, and proposes an amendment to that permit as shown in the attached Project Plan - House, Revised July 8, 2002. The new proposal includes three sections as shown on the drawing: one is 14' x 27.8' and extends to the east of the existing structure; another is 7' x 65.4' and is located along the back, or north side of the existing structure; and the third is 4' x 9' and is on the t~ont, or south side, of the existing structure. Please note that the new proposed additions do not extend any further seaward than the previ- ously-approved extension, and aH are sjgnificantly landward of the existing deck. Enclosures: Armndlmm fee, $40 Project Plan - House, Revised 7/8/02 (3 copies) a subsidiary of THE PECONIC EASTERN CORPORATION Albert J. Krupski, Presiden~ James Kin~, Vice-Presiden~ Henry Smith Art/e Foster Ken Pollwoda Town Hall 53095 Route 25 P.O. Box 1179 Southold,,New York 11971-0959 Telephone (681) 765-1892 Fax (631) 765-1366 BOARD OF TOWN T~tUSTEES TOWN OF SOUTHOLD Office Use Only ~-'Wefiand Permit Application Waiver/Amendment/Changes ~Received Application: I!~110~-~ ~'-Received Fee:$ ~" · "Completed Application 1~ I ~ Incomplete Coastal Erosion Permit Application ~"Major SEQRA Classification: TypeI Type II Unlisted,/~ · ~.oordination:(date sent) .~CAC Referral Sent: I J ...Bate of Inspe~ion: · Receipt of CAC Report: Lead Agency Det~mlination: __ Technical Review: ,...'Public Hearing Held: Resolution: Minor JAN 3 I Name of Applicant Steven Kram Address 11499 Bellagio Road, Los Angeles CA 90049 Phone Number:( ) ~10-859-4400 Suffolk County Tax Map Number: 1000 - 88-6-12 Propen'yLocation: 100 West Lane, Southold (See attached maps.) (provide LILCO Pole #, distance to cross streets, and location) AGENT: James E. Fitz~erald, Jr, / Pro~er-T (If applicable) Address: PO Box 617, Cutchogue NY 11935 Phone: 73a-5800 Permit Services Board of Trustees Application Land Area (in square feet): Area Zoning: GENERAL DATA 15~783 sf A-C Previous use of property: Intended use of property:. Private residence Private residence Prior permits/approvals for site improvements: Agency Date X No prior permits/approvals for site improvements. Has any permiffapproval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: PROJECT DESCRIPTION: Construct 13' X 8'+ extension to existing house; construct 4' x 68'± fixed open walkway dock attached to existing bulkhead. ~oard of Trustees A~plication WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Expand house; dock for private recreation. Area of wetlands on lot: -O- square feet Percent coverage of lot: N/A % Closest distance between nearest existing structure and upland edge of wetlands: i~/A feet Closest distance between nearest proposed structure and upland edge of wetlands: N/A feet Does the project involve excavation or filling? No ~, Yes For crawl space If yes, how much material will be excavated? · How much material will be filled? N/A cubic yards Depth of which material will be removed or deposited:3 max Proposed slope throughout the area of operations: Manner in which material will be removed or deposited: 15 cubicyardsestimated feet Statement of the effect, if any, on the wetlands and tidal waters oftha town that may result by reason of such proposed operations (use attachments if appropriate): It is expected that the project will have no significant effect on the wetlands and tidal waters of the Town. 14-I&4 (~JBfl--Text 12 PROJECT I.D. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only SEQR PART I--PROJECT INFORMAllON (To be completed by Applicant or Project sponsor) 1. APPUCANT/SPONSOR I 2. PROJECT NAMe James E. Fitzgerald? Jr. I Kram property 3. PROJECT LOCATION: uumc~;)emy Southold . co~w Suffolk 1OO West Lane Southold NY 11971 See attached maps. 5. IS PROPOSED ACTION: [] NIW [] Ex0ansion [] M~:IJ fleet Ion~ilt erlt Ion e. PROJECT DESCRIPTIOiq: Construct 13' X 8'+ extension to existing house; construct 4' x 68'+ fixed open walkway dock attached to existing bulkhead. 7. AMOUNT OF LAND AFFECTED: ,n,t~,yless than O. 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] NO If No. cletnnbe OHefly g. WHAT I$ pRESENT LAND USE IN VICJNITY OF pROJECT? [] ResMentml [] InOustrlal [] Commm';,al [] Agriculture [] P~ddFer#t/Ooe. Medium-size private waterfron~ residences [] Other 10. DOES ACT;ON INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] No If y#. list agency(s) and ;)ermWaoproVell ' ' Required: D~SDEC, NYSDOS, USACoE, 'Southold Trustees DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLy VA~JD PERMIT OR APPROVAL7 [] Yes [] No If yeS, list Igency nlme a~l plfmll/eli;)~vel 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? [] Ye, [] NO I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE James E. ~.t-$z~aldw Jr. O De r-~ i C e Date: If th~ctlon Is in the CoastBI Area, and you are a state agency, complete the 'Coastal Assessment Form before proceeding with this assessment OVER 11499 Bellagio Road Los Angeles, California 90049 President Board of Town Trustees Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Dear Sir: Please be advised that I hereby designate and authorize James E. Fitzgerald, Jr. of Proper-T Permit Services to act in my behalf as my agent in the submission and processing of a permit application for the construction of a dock seaward of my property and for the expansion of the house on my property located at 100 West Lane, Southold, and designated by Suffolk County Tax Map No. 1000-88-6-12, and to furnish, upon request, supplememal information in sup- port of the application. Sincerely, JAN 3 L STATEMENT TO THE SOUTHOLD BOARD OF TOWN TRUSTEES County .... ) State of California ) I, Steven Kram, being duly sworn, depose and affirm that I am the sole Trustee of the Kram Family Trust, an owner of the property located at 100 West Lane, Southold, New York 11971, and identified by Suffolk County Tax Map No. 1000-88-6-12, and that all work will be done in the manner set forth in the present application and as may be approved by the Southold Board of Town Trustees. I agree 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. I hereby authorize the Town Trustees or their agent(s) or representative(s) to enter upon my property to inspect the premises in conjunction with the review of the present application. Sworn to before me this ......~..~ ...... day of.....~.~..~....., 2001 Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-58OO January 31, 2002 President Board of Town Trustees Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 JAN 3 ~ Re: Application for Permit on Behalf of Steven Kram; SCTM #1001~;88-6-12 Dear Sir: Attached are documents which have been prepared in suppor~ of the application for a permit to construct an addition to the existing house and construct a dock on the property of Steven Kram in the Town of Southold. Proper-T Permit Services represents Mr. Kram in this matter, and a letter of authorization is part of this submission. If there are any questions, or if additional information is needed, please call me. S' rely, Enclosures: Application Fee ($200) Letter of Authorization Notarized Statement of Applicant Survey of Property Application Form (3 copies) Short EAF (3 copies) Vicinity Map (3 copies) Tax Map (3 copies) Project Plan (3 copies) Section View (3 copies) a subsidiary of THE PECONIC EASTERN CORPORATION TO: Date: February 11, 2002 Adjacent Property Owners (Names and addresses are listed on the attached sheet.) BOARD OF TRUSTEES, TOWN OF SOUTHOLD NOTICE TO ADJACENT PROPERTY OWNER In the matter of: Steven Kram, SCTM #1000-88-6-12 YOU ARE HEREBY GIVEN NOTICE THAT: I. An application is being submitted to the Board of Trustees for a permit to: Construct 13' X 8'+ extansion to existing house; construct 4' x 57'± overall fixed open walkway flee-standing dock with steps to grade at landward end. The project described above is proposed on property adjacent to yours. The street ad- dress of that property is as follows: [ 100 West Lane, Southold, New York 11971 The project, which is subject to Environmental Review under Chapters 32, 37, or 97 of the Town Code, is open to public comment. A public hearing will be held at Town Hall, 53095 Main Road, Southold, New York 11971 at or about 7:00 PM on Wednesday, February 204, 2002. You may contact the Trustees Office at 631-765-1892 or in writing if you wish to comment The project described above will be reviewed by the Board of Trustees of the Town of Southold. The project may require independent review and approval by other agencies of the Town, State, or Federal governments. PROPERTY OWNER'S NAME: MAILING ADDRESS: PHONE NO.: Steven Kram 11499 Bellagio Road Los Angeles, CA 90049 310-859-4400 A copy of a sketch or plan showing the proposed project is enclosed for your convenience. Y February8,2002 KRAM: ADJACENT PROPERTY OWNERS 1000-88-6-13.44 John Fallon 4Hemlock Road BronxvilleNYl0708 1000-88-6-13.60 AngelShores Homeowners AssnInc. PO Box 428 Southo~NYl1971 1000-88-6-13.43 John & Susan Fallon 4 Hemlock Road Bronxville NY 10708 1000-88-6-13.57 Angel Shores Homeowners AssnInc. PO Box428 Southo~NYl1971 AFFIDAVIT OF MAII,ING TO THE SOUTHOLD BOARD OF TOWN TRUSTEES IN THE MATTER OF THE APPLICATION OF: Steven Kram STATE OF NEW YORK COUNTY OF SUFFOLK James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue, NY 11935, being duly sworn, deposes and says that on the 1 lth day of February, 2002, deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown in the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Cutchogue, NY 11935, that said Notices were mailed to each of said persons by Certified Mail/Return Receipt Re- quested. Sworn to before me this /~O day of~~~. Notary Public HELEN£ D. HORNE ..)~ar,/Public, State of New Yolk No. 4951364 Qualified in Suffolk Cc,remission Expires May AFFIDAVIT OF POSTING TO THE SOUTHOLD BOARD OF TOWN TRUSTEES IN THE MATTER OF THE APPLICATION OF: StevenKram STATE OF NEW YORK COUNTY OF SUFFOLK I, James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue, NY 11935, being duly sworn, depose and say that on the 1 lth day of December, 2001, I personally posted the property known as 100 West Lane, Southold, by placing the Board of Trustees' official ~oster where it can easily be seen, and that I have checked to be sure the poster has remained in ~lace for eight days prior to the date of the public hearing, which date is not~ereon to~ ~lay, February 20, 2002 at or about 7:00 PM. J~.: Fitzger~tr~ Sworn tq IFfore me this r:;30 ~ day of '2/t'~ ,2002. g Notary Public HELENE O. HORNE Notmy Public, State of New Yo~k No. 4951364 Qualified in Suffolk CountY.. Commission Expb'es May 22,