The URL can be used to link to this page

Home My WebLink AboutTR-5217 Jill M. Doherty, President Bob Ghesio, Jr., Vies-President James F. King Dave Bergen John Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971°0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 0693C Date: October 7, 2011 THIS CERTIFIES that the removal of thc stairs at the seaward end of the existing 4'x52' catwalk, construct a 4'x15' extension to the catwalk and 4'x10' "L" section At 4001 Wells Road~ Peconic, New York Suffolk County Tax Map # 86-1-9.4 Conforms to the applications for a Trustees Permit heretofore filed in this office Dated August 4, 2000 pursuant to which Trustees Wetland Permit #5217 Dated September 20~ 2000 was issued and Amended on July 24, 2002 and Amended again on October 19~ 2005 and Amended again on July 21~ 2010 and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for the removal of the stairs at the seaward end of the existing 4'x52' catwalk~ construct a 4'x15' extension to the catwalk and 4'x10' "L" section The certificate is issued to E. BROWNELL JOHNSTON & KAREN B. JOHNSTON Owner of the aforesaid property. u~t~orized Si)~at~u Jill M. Doherly, President Bob Ghosio, Jr., Vice-President Jmnes F. King Dave Bergen John Bredemeyer Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (63 I) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTItOLD DATE OF INSPECTION: Ch. 275 Ch. 111 INSPECTION SCHEDULE __ Pre-construction, hay bale line/silt boom/silt curtain __ 1st day of construction __ ~ constructed Project complete, compliance inspection. INSPECTED BY: COMMENTS: CERTIFICATE OF COMPLIANCE: Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hatl, 53095M~n Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631)765-1892 Fax(63t) 765-6641 BOARD OFTOWNTRUSTEES TOWN OFSOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTi~3N INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line Ist day of construction ½ constructed __ Project complete, compliance inspection. Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. Johr~ Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1692 Fax (631) 765-6641 July 21,2010 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. & Mrs. E. Brownell Johnston 4001 Wells Road Peconic, NY 11958 RE: E. BROWNELL & KAREN JOHNSTON 4001 WELLS ROAD, SOUTHOLD SCTM# 86-1-9.4 Dear Mr. & Mrs. Johnston: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, July 21, 2010: WHEREAS, E. BROWNELL & KAREN JOHNSTON applied to the Southold Town Trustees for an Amendment to Wetland Permit #5217 under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated June 17, 2010, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application be found to be Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Southold Town Board of Trustees APPROVE the Amendment to Permit #5217 to remove the stairs at the seaward end of the existing catwalk and construct a 4'x15' extension to the catwalk and 4'x10' "L" section, and as depicted on the site plan prepared by En-Consultants, Inc. last dated Apd114, 2010, and stamped approved on June 21,2010. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees:S272.00 This is not a determination from any other agency. Sincerely, ji,~.~ Do~e'd y~,, Pres~i nt Board of Trustees JMD:eac Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hail, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Please be advised that your application dated ,.~c.~ i ?t c~/O has been reviewed by this Board at the regular meeting of,.3~ ~,~ ,-~ I. o'7~/~ and your application has been approved pending the complet|o~ o~: the following items checked off below. __ Revised Plans for proposed project __ Pre-Construction Hay Bale Line Inspection Fee ($50.00) __ 1st Day of Construction ($50.00) ½ Constructed ($50.00) '~/"~Final Inspection Fee ($50.00) J Dock Fees ($3.00 per sq. ft.) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be Paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: _ . E'~'Z'~o~= ~'x/o'~ ~os?,~, ~3.0o~' s~,~, ~1~o~- TOTAL FEES DUE: $ r~'~c:~ ~ BY: Jill M. Doherty, President Board of Trustees Peter Young, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631 ) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., July 14, 2010, the following recommendation was made: E. BROWNELL & KAREN JOHNSTON to Amend Wetland Permit #5217 to remove the stairs at the seaward end of the existing catwalk and construct a 4'× 15' extension to the catwalk and 4'X 10' "L" section. Located: 4001 Wells Rd., Southold. SCTM#86-1-9.4 The CAC did not make an inspection, therefore no recommendation was made. Jill M. Doherty. President James F. King. Vice-President Dave Bergen Bob Ghosio. Jr. John Bredemeyer P.O. Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631 ) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: E. BROWNELL & KAREN JOHNSlON request an Amendment to Wetland Permit #5217 to remove the stairs at the seaward end of the existing catwalk and construct a 4'X 15' extension to the catwalk and 4'X 10' "L" section. Located: 4001 Wells Rd., Southold. SCTM#86-1-9.4 T~Sa of area to be impacted: Itwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland P.~C of Town Code proposed work falls under: hapt.275 Chapt. 111 other Type of Application: v/~Wetland __Coastal Erosion ~Amendment __Administrative__Emergency Pro-Submission Violation Info needed: Modifications: Conditions: Present Were: __J.Kin~. _J.Doherty__~J. Bredemeyer B.Ghosio,_ D. Dz, ~lkowski other Form filled out in the field by Mailed/Faxed to: Date: D. Bergen__ New York State Department of Environmental Conservation Division of Environmental Permits, Region One SUNY~Stony Brook; 50 Circle Road; Stony Brook NY 11790-3409 Phone: (631) 444-0365 - FAX: (631) 444-0360 Webalte: www.dec.stale.ny, us June 10, :2010 Mr. E. Brownell Johnston 4001 Wells Road Peconic NY !1958-1738 Dear Permittee: NYSDEC # 1-4738-02413/00003 Johnston Property 4001 Wells Road Peconic Permit Expiration: (~8/2012 Your request to modify the above permit has been reviewed pursuant to 6 NYCRR Part 621 (Uniform Procedures Regulations). It has been determined that the proposed modification will not substantially change the scope of the permitted actions. Therefore, the permh is modified to authorize: Removal of the stairs at the seaward end of the existing catwalk and construction ofa 4 foot by 15 foot extension to the catwalk and 4 foot by 10 foot "L' section. All work regarding this modification shall be performed in accordance with the plans prepared by Eh-Consultants, Inc. on 4/14/10, and stamped NYSDEC approved on 6/10/10. Special condition numbers 9, 10, and 11 are added to thc permit as follows: 9. The extension to the catwalk and "L" section may be supported by pilings having a maximum diameter of up to 8 inches. 10. There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activities. l 1. At least 48 hours prior to commencement of thc n~odified project, the permittee and the contractor shall sign and ~eturn the top portion of the enclosed notification form certifying that they are fully aware of, and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work. This letter is a modification to the original permit, and as such, shall be available at the job~s~ite whenever authorized work is in progr,es, s. All other terms and conditions remain as written in the originF//~mit. cc: Marine Habitat Protection file NOTICE OF COMMENCEME~ RETURN THIS FORM TO: COMPLIANCE Marine Habitat Protection NYSDEC 50 Circle Road - SUNY Stony Brook, NY~11790-3409 PROJECT LOCATION/ADDRESS: OR FAX TO: 631-444-0297 ISSUED TO: CONTRACTOR NAME: ADDRESS: TELEPHONE: Dear Sir: Pursuant to th~ Comd~ons of the referenced permit, you are hereby notified that the authorized activity shall commence on __.. We certify that we have read the referenced permit and approved plans and fully understand the authorized project and all permit conditions. We have inspected the project site and can complete the project as described in the permit and as depicted on the approved plans. We can do so in full compliance with all plan notes and permit conditions. The permit sign, permit and approved plans will ha available at the site for inspection in accordance with general Condition No. 1. (Both signatures required) PERMITEE DATE CONTRACTOR DATE THIS NOTICE MUST BE SENT TO THE ABOVE ADDRESS A T LEAST TWO DAYS PRIOR TO COMMENCEMENT OF THE PROJECT AND /OR ANY ASSOClA TED REGULA TED ACTIVITIES. FAILURE TO RETURN THIS NOTICE, POST THE PERMIT SIGN, OR HAVE THE PERMIT AND APPROVED PLANS AVAILABLE A T THE WORK SITE FOR THE DURA TION OF THE PROJECT MAY SUBJECT THE PERMITTEE AND/OR CONTRACTOR TO APPLICABLE SANCTIONS AND PENAL TIES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS. Cut along this line ~ ~< ~< ~ .o'ncB 5~ ~'Si;ii;~i~ 5~ ifS~{¥AYJ~f'iSi~' ................................................................................ RETURN THIS FORM TO: COMPLIANCE OR FAX TO: 631-~.~.-0297 Marine Habitat Protection NYSDEC 50 Circle Road - SUNY Stony Brook, NY 11790-3409 PERMIT NUMBER: PROJECT LOCATION/ADDRESS: ISSUEDTO: CONTRACTOR NAME: ADDRESS: TELEPHONE: Dear Sir:. Pursuant to the Conditions of the referenced permit, you are hereby notified that the authorized activity was compteted on · We have fully complied with the terms and conditions of the pemflt and appmvad plans. (Both signatures required) PERMITEE DATE CONTRACTOR DATE THIS NOTICE, WITH PHOTOGRAPHS OF THE COMPLETED WORK AND/OR A COMPLETED SURVEY, AS APPROPRIATE, MUST BE SENT TO THE ABOVE ADDRESS WITHIN 30 DA YS OF COMPLETION OF THE PROJECT. Albert J. Krupski, James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line __ 1st day of construction ~ constructed Project complete, compliance inspection. Albert J. Krupski, President James King, Vice-President Artie Fester 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) 765-6641 October 19, 2005 BOARD OF TOWN TRUSTEES TOWN OF sOUTHOLD Mr. & Mrs. E. Brownell Johnston 4001 Wells Rd. Peconic, NY 11958 RE: 4001 WELLS RD,,PECONIC SCTM~6-t.9.4 Dear Mr. & Mrs. Johnston: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed., October 19, 2005: WHEREAS, the applicants were issued a dock Permit #5217 authorizing a ramp and a 6'X 20' floating dock in 2000; WHEREAS, at the applicant's request, Permit #5217 was amended by a Resolution to replace the ramp with stairs and to remove the 6'X 20' float; WHEREAS, the docking facility was built in compliance with Permit #5217 in 2002; WHEREAS, the CAC upon inspection and review has recommended approval of this amendment to Permit #5217; WHEREAS, the LWRP Consistency Assessment Form has been reviewed and this amendment determined to be consistent with the Town of Southold and surrounding area; WHEREAS, the Board of Trustees has inspected the docking facility and surrounding area; WHEREAS, the applicants have agreed that they will make their best efforts not to use CCA materials in further dock construction; RESOLVED, that the Southold Town Board of Trustees APPROVE the Amendment to Permit #5217 to remove the existing stairs from the catwalk, and include a 3.5'X 12' ramp and 6'X 20' floating dock placed parallel to the shore in an "L" configuration, and as depicted on the plan prepared by E. Brownell Johnston dated October 19, 2005. This is not a determination from any other agency. Sincerely, Albert J. Krupski, Jr., President Board of Trustees AJK:lms Albert J, Krupski, 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 Fox (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD July 25, 2002. Mr. & Mrs. E. Brownell Johnston 4001 Wells Road Peconic, NY 11958 RE: SCTM#86-01-9.4 4001 Wells Road Peconic, NY Dear Ma'. & Mrs. Johnston: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, July 24, 2002. RESOLVED, that the Southold Town Board of Trustees Approve an Amendment to Permit #5217 to construct 4'x52' fixed catwalk with a stairway at seaward end - amendment as requested by NYS DEC - a one year extension of permit to allow construction completion. If you have any questions, please call our office at 765-1892. Albert J. Krupski, Jr. President, Board of Trustees AJK:~c Board Of $outhold To Trustees SOUTHOLO NEW YORK PERMIT NO.. ~q/7 DATE: ISSUED TO E. BROWNELL $OHNSTON & KAREN'B. J~)~bLSTO! Pursuant to the provisions of C;hepter 615 .of t. be La~v~s.,of the State of New York, 1893~ end Chapter 404 of th.e ,L~. ws _o the · Stele of New York 19S2~ and the Soufhold Town Ord,nance en- titled ."REGULATING AND THE PLAC;ING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC; LANDS and the REMOVAL OF SAND, GRAVEL.OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS~'~ end in accordance with the Resolution of The Beard adopted et e meeting held on ...S...e.E~.:-...~..0...t..b, .~.0.O~, and {n con~ideratlon of the sum of $.870-..00 ..... paid by ~.~ ~rp..W.~.eJ~...~qb~n, .&...K~en B,...Johr~.tor~ ................ .: .................. of .,..~.~.~..nj..c.., ................................................... N. Y. and subject to the Terms and C;onditions listed on the reverse slde hereof, of Southold Town Trustees authorizes and permits the following: A Wetland Permit to construct 3~x52' catwalk, a 2-1/2'x12' ramp, and a 6'x20' float, wilh the addition of float stops to Reep the float!from resting 6n the bottom. all' in accordance with the defend specifications es presented in the originating application. IN WITNESS WHEREOF, The said Board of Trustees here- by causes its Corporate Seal to be a~xed, and these pre.ets to be subscribed by ;a'major'rty of the smd Board as of this dale. ........ %T- ,."~ ~ I ~.,~,~,,,~ - I ~"~...'~ ~ Frn~rty 1~ S~rvrce Agency 086 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Jill Doherty, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: July21,2010 Re: Proposed Wetland Permit for E. BROWNELL & KAREN JOHNSTON SCTM#1000-86-1-9.4 THE ACTION IS LOCATED IN A NYSDEC CRITICAL ENVIRONMENTAL AREA AND NYSDOS SIGNIFICANT FISH AND WILDLIFE HABITAT. E. BROWNELL & KAREN JOHNSTON request an Amendment to Wetland Permit #5217 to remove the stairs at the seaward end of the existing catwalk and construct a 4'X 15' extension to the catwalk and 4'X 10' "L" section. Located: 4001 Wells Rd., Southold. SCTM#86-1-9.4 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the below Policy Standards and therefore is CONSISTENT with the LWRP provided that the applicant meets or furthers the following policies to the greates extent practicable. Figure 1. Existing dock structure on parcel. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. Chapter 275 requires that the determination of the length of the dock must include the dimensions of the vessel. The dimensions of a vessel are not specified. It is recommended that the applicant provide this information Further, the applicant has not demonstrated that the following dock standards pursuant to § 275-11. Construction and operation standards have been met (d) Review and approval of dock applications. Before issuing a permit for a dock structure, the Trustees shall consider whether the dock will have any of the following harmful effects: [2] Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, waterskiing and other water-dependant activities; [3] Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; [5] Whether the dock will cause degradation of surface water quality and natural resources; [6] Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; The proposed action is located within a New York State Critical Environmental Area. At the discretion of the Board of Trustees, any operations proposed in critical environmental areas (§ 275-2) may be subject to more stringent requirements than detailed in this section. Such requirements may include, but are not limited to, denial of certain operations, shortenin.q or reducin.q the size of structures~ and increasinq the width of non-disturbance buffers [7] Whether the dock will result in the destruction of or prevent the growth of vegetated wetlands, seagrasses including eelgrass (Zostera marina) and widgeon grass (Ruppia maritima) or shellfish; [11] Whether the cumulative impacts of a residential and commemial dock will change the waterway or the environment and whether alternate design, construction, and location of the dock will minimize cumulative impacts; and [12] Whether adequate facilities ara available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. 9.3 Preserve the public interest in and use of lands and waters held in public trust by the state and the Town of Southold. A. Limit grants, leases, easements, permits or lesser interest in lands underwater in accordance with an assessment of potential adverse impacts of the proposed use, structure, or facility on public interest in public lands under water. The applicant currently enjoys access to public waters via a 58.5' fixed dock structure. The purpose of the 20' extension to the dock structure into public trust waters has not been provided. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action Cc: Lori Hulse, Assistant Town Attorney James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen $ohn Holzapfel · Town Hall 53095 Rout~ 25 P.O. Bax 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOW~ OF SOUTHOLD APPLICATION FOR AN AMENDMENT TO A DATE OWNER PHONE AGENT PHONE ADDRESS PROPERTY LOCATION qv t; / ~f~-~c L~ ~ ,~) z TAXMAPNO. 5C l-~ ,~ g/_, - / -q, y ~ ]~f/~w~-cc d-/~f~/_ff/ requestanAmcndmcnttoPcrmit# j~Z-t 7 /,,-~ q //o//o ,,v~,~) .Swt,--,w,,',zv Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (63 I) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOL In the Matter of the Application of E. BROWNELL & KAREN JOHNSTON COUNTY OF SUFFOLK) STATE OF NEW YORK) ~FFIDAVIT OF POSTING being duly swom, depose and say: That on the 7 day of 0'~J t~X// ,2010, I personally posted the property known as by placing the Board of Trustees official poster'where it can easil~ 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 heating. Date of hearing noted thereon to be held Wed.~ July 21, 2010 on or about 6:00 PM. Dated: ~{/L~] ~/ 2.O/0 A (signa e Sworn to before me this N°tarY P~n~! PROOF OF M~II~I~ OF NOTICE ATTACH CERTIFIED M~. RECEIPTS $ $0.44 $2.80 $2.30 ~0.00 $ $5.5q USE 05 Postmark iii [] Express Mall r-1 [] Return Re~Ipt f~. ~ , ~ Se.~ TO I [] C.O.D. .,~[o~x~."! ~t~:~: .................................................................. ~2~ ~ ~l~ ]" . . .~ . ~ Ic,~a,,,.z/~ _ "r'~ ............. =----~-, ............. l ~/7/ ~/~ .;, .~ - ~~ ..... ~:~ '~ dayof ,~ ,20 /~,deponentm~l~a~e~py'of~ ~.. .... . sot fo~.~ ~e Bo~d ofT~st~ Applica~on, di~ted ~ e~h: of~e ~e ~ p~o~ at ~e ~esses set opposite ~e r~fivo ~; ~ ~e~.s~ ' ' · ' · . op~site ~en~ ofs~d persom ~e ~e~ ofs~d · . : ~s~sment~°ll°f~eTo~ofSou~old;~s~d.N0~W~l~ ~ ; -- . ~ before mc ~s ~ / ~ I · Board of Trustees Application County of Suffolk State of New York BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT A~ J. STATEMENTS CONTAINED HE~. IN ARE TRUE TO THE BEST-OF HIS/HER I~IOW~ .~3~o-E AND BF.I.~, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVI~T) BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGRRRS TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMI.RSS AND FR1~- FROM ANY AND Al.l. DAMAGES AND CLAIMS ARISING !UNDER OR BY VIRTUE OF SAIDPERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HF_~RI~y AUTI-IOI~IZF. THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENi'~.;~ ONTO MY PROPERTY TO INSPECT THE SWORN TO BEFORE ME THIS I~"- DAY OF "~(A~ ~ .,20/'0 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfi'ont Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its si..o.~ificanl beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus~ each answer must be explained in detail~ listing both supporting and non- suooortim, facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold ' s website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION The Application has been submitted to (check appropriate response): Tow. Bo.rd ~ Piann~gBo.ra~ ~uild~gOep,. 7] ~oaraofTr.s,ees [] Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Location of action: ~J FL c 5' /~))~P · Site acreage: )'ryZ ! ~ 5 Present l~d use: ~ ~ ~ F,t c ~ Present zo~g classification: t2~(/0 ~/~ If ~ application for ~e proposed action h~ been filed M~ ~e Tom of Sou~old agency, ~e follo~g iffo~ation sh~l be prohded: (a) N~e of applic~t: ¢) M~l~g ad&ess: (c) Telephone number: Area Code ( ) (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [-~ No ~] If yes, which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. Yes [] No ~ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ~ Yes ~ No [] Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout thc Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ~ Yes ~ No ~ Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [~ Yes ~-~ No ~ Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria Yes [] No l, Not Applicable Attach additional sheets ifnacessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes No Not t icable Attach additional sheets if necessity Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. [] Yes [] No ~-~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~ Yes ~ No [] Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluatiOn criteria. ~-~ Ye~ No ~ Not Applicable Attach additional sheets if necessary WORKING COAST POLIC~ Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III- Policies; Pages 47 through 56 for evaluation criteria. [] Yes ~ No [-~ Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconie Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~ Yes ~ No [] Not Applicable ' At'tach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [~ Yes [] No [-~ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ~-~ Yes ~ No [] Not Applicable PREPARED BY TITLE ~L~ ~¢ £,~g~ DATE ~//J~/2~]o E. Brownell Johnston ATTORNEY AT LAW RICHMOND CREEK FARM 4001 WELLS ROAD PECONIC, NY 11958-1738 1-631-734-5890 FAX: 1-631-734-5891 e-maik ebj-eati~nvbb.net KAREN B JOHNSTON 164 E BROWNELL JOHNSTON f~... PE-~O{~, ~ i1~$~ D~te . I$ 5-~, o~o~?f ~--,*',~' .~-..-~'",~'~ -- ~" I--~UD$ON CITY 7"" 0 l,E,h · PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair WILLIAM J~ CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOIA3MON PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (car. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: ~31 To: Town of Southold Board of Trustees From: Mark Terry, Senior Environmental Planner LWRP Coordinator Date: October 17, 2005 Re: Request for Permit for E Bmwnell & Karen Johnston SCTM#86-1-9.4 E. BROWNELL & KAREN JOHNSTON request an Amendment tn Permit #5217 to add a 3.5'X 12' ramp and a 6'X 20' float to the existing dock. Located: 4001 Wells Rd., Pcconic. SCTM#86-1-9.4. Thc action is located in Richmond Creek a listed New York State Significant Fish and Wildlife Habitat and New York State Department of Environmental Conservation Critical Environmental Area. The use of CCA wood is not proposed in this action (October 17, 2005 Telephone Conservation with Heather Tetranlt, Environmental Analys0. Thc proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of thc Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is generally CONSISTENT with the Policy Standards a~d therefore is CONSISTENT with the LWRP provided that the applicant demonstrato, that the action meets the below policy~ 9.4 Assure public access to public trust lands and navigable waters. Provide access to, and reasonable recreational use of, navigable waters and public trust lands under water. 1. Provide for free and unobstructed public use of all navigable waters below the line of mean high water for navigation, recreation, and other public trust purposes, including the incidental rights of public anchoring. 2. Permit limited obstruction of public use, including navigation, in navigable waters: a. for water-dependent uses involving navigation and commerce which require structures or activities in water as part of the use. b. for commercial recreational boating facilities, provided that the loss of navigable waters and use of underwater lands is offset by sufficient public benefits. c. in order to gain reasonable access to navigable waters from riparian lands. Obstruction of navigable waters and underwater lands is limited: to the minimum necessary for access to navigable waters. The minimum is determined by evaluating the following factors: (i) the extent of the users dependence on access to navigable waters, (ii) the range of tidal water level fluctuation, (iii) the size and nature of the body of water, (iv) the nature of public use of the adjacent waters, (v) the traditional means of access used by surrounding similar (vi) whether or not alternative means to gain access are available. Piers, docking facilities, and catwalks must not result in an unnecessary interference with use of public trust lands. Alternatives to long piers or docks include use of dinghies to reach moored boats and mooring in nearby marinas. Dredging solely to accommodate the draft of larger boats is not a recommended alternative. by extent and characteristics of the developable adjacent upland area and its ability to suppor~ in-water development for the water- dependent use. by potential adverse effects on natural resources and their uses, and by potential adverse effects on public safety. Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Please contact me at (631) 765-1938 if you have any questions regarding the above. CONSULTANTS INC .~19 ;,fORTH SEA RD. SOU11-1AMPTON, NY 11968 c% M. NICKICH ±2~8' TW~ AS DELINEATED BY EN APPR , ~OARD 9I: '~USTEES 'OF SOUT~4-~LD ,~.~ ........ ~ECTIDN DF EX. CATWALK Tn PROPOSED 4' x ~5' EXTENSION ~ CATVALK (EX. ~TAIR~ TO ~E PR~P~SE~ ~IXE~ RICHMOND CREEK (APPROX. AHW PR~PO~P ~Xf~N~ON OF Fl~P POCK POE KAI~N AND t~, ~OWNI~LL JOHNSTON ON RICHN~NP CI~I~K, PI~CONIC, 5IJPPOLK COLIN~~ ', IM - 4,: P!~P :L PI~OP, ~X~NSION O~ ALW-'O'-C~ 6" - 8" LOCIJSf POF'F5 ~C'rlON THF. OIJ~ PROF(7~[ ~×$I,,I~ON OP PI~P POG: JOHNSTON LAW OFFICE ID=15317345891 P- 81 E. Brownell Johnston ATTORNEY AT LAW 1-(631)-734-5890 FAX 1-(631)-754-5891 ,lYa:nail: eb)Iaw~op[onllna.net RICHMOND CREEK FARM 4001 WELLS ROAD PECONIC, NEW YORK 11958-17388 Mr. Peter A. Scully, Rcgioim] Director egio, Stony Brook, NY 11790-3409 / ~.__~ ..__..~___. -- ~ RF~: Application for Amendment to l~rmit # 1-4738-02413~ Mr' and Mrs.'E. Brownell $olmston: Private residential dock construction on Richmond Creek, Pecordc, New York ~o construct an additional 3.5' by 12' ramp and 6' by 20' float secured by 2 pilings/Ix)les: Proposed Modification - Re~luesr for Action & EXTF~SION Dear Mr. Scully: This is to request follow-up on ou~ August 1, 2006, Jauu~y 2?, 2007, May 2, 2007, May 29, 2007,1V~y 30, 2007, May 30, 2008 and September 23, 2008 letters, (as well as numerous messagm and r~lated cmalls). We have submitt~cl ~¢ additional information thai your staff requested in their August 21, 2006 letter and have not heard from them. We r~quested and were given two extensions of our above permit to June 9, 2009. ~V'¢ haVe submitted a copy of cvcryfffing to you, which was atm~_.chcd to our September 28, 2008 letter to you. We have not heard from you. Given that you must still be reviewing our above documents, we request an extension of our above permit to Dc~ember 31, 2009 to give us time to constrain our permitted ramp. Moreover, we request that you please issue NYSDEC approval and/or an amended authorizalion to us. Alternatively, please indicate how we might expedite the more than two-year process. IDm16317345891 P.~2 -2- Tb~,~lr you for your kind consideration and attention. Sincerely, ~.~ ~ E. Brownell J6tuis~t and Karen B. Johnston Attacluncnts Copy to NYSDEC-Matthew Penski Town of Southold Board of Trustees-James F. King - President NYSDEC-John A. Wieland-Deputy Permit Administrator CCE-Christopher Fields Smith-Interim Executive Director Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line __ 1st day of construction ½ constructed Project complete, compliance inspection. 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) 765-6641 October 19, 2005 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. & Mrs. E. Brownell Johnston 4001 Wells Rd. Peconic, NY 11958 RE: 4001 WELLS RD., PECONIC SCTM#86-1-9.4 Dear Mr. & Mrs. Johnston: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed., October 19, 2005: WHEREAS, the applicants were issued a dock Permit #5217 authorizing a ramp and a 6'X 20' floating dock in 2000; WHEREAS, at the applicant's request, Permit #5217 was amended by a Resolution to replace the ramp with stairs and to remove the 6'X 20' float; WHEREAS, the docking facility was built in compliance with Permit #5217 in 2002; WHEREAS, the CAC upon inspection and review has recommended approval of this amendment to Permit #5217; WHEREAS, the LWRP Consistency Assessment Form has been reviewed and this amendment determined to be consistent with the Town of Southold and surrounding area; WHEREAS, the Board of Trustees has inspected the docking facility and surrounding area; WHEREAS, the applicants have agreed that they will make their best efforts not to use CCA materials in further dock construction; 2 RESOLVED, that the Southold Town Board of Trustees APPROVE the Amendment to Permit #5217 to remove the existing stairs from the catwalk, and include a 3.5'X 12' ramp and 6'X 20' floating dock placed parallel to the shore in an "L" configuration, and as depicted on the plan prepared by E. Brownell Johnston dated October 19, 2005. This is not a determination from any other agency. Sincerely, Albert J. Krupski, Jr., President Board of Trustees AJK:lms ~iJ L, OCT // ,¢¢ 4/'-' /%- 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) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Please be advised that your application dated reviewed by this Board at the regular meeting of following action was taken: has been and the ( v/ ) Application Approved (see below) (__.)Application Denied (see below) ( )Application Tabled (see below) If your application is approved as noted above, a permit fee is now due. Make check or money order payable to the Southold Town Trustees. The fee is computed below according to the schedule of rates as set forth in the instruction sheet. The following fee must be paid within 90 days or re-application fees will be necessary. COMPUTATION OF PERMIT FEES: -~'G × ~' n~E: ~a'~ ~' TOTAL FEES DUE: $ 5 5~, O0 SIGNED: PRESIDENT, BOARD OF TRUSTEES Telephone (631) 765-1892 Town Hall 53095 Route 25 P,O. Box 1179 Southold, New York 11971-0959 CONSERVATION ADVISORY COUNCIL TOWN OF SOUTHOLD At the meeting of the Southold Town Conservation Advisory Council held Wed., October 12, 2005, the following recommendation was made: Moved by Donald Wilder, seconded by Jennifer Mannino, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL of the application of E. BROWNELL,& KAREN JOHNSTON to Amend Permit #5217 to add a 3.5'X 12' ramp and a 6'X 20' float to the existing dock. Located: 4001 Wells Rd., Peconic. SCTM#86-1-9.4 Vote of Council: Ayes: All Motion Carried 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, 2002. Mr. & Mrs. E. Brownell Johnston 4001 Wells Road Peconic, NY 11958 RE: SCTM#86-01-9.4 4001 Wells Road Peconic, NY Dear Mr. & Mrs. Johnston: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, July 24, 2002. RESOLVED, that the Southold Town Board of Trustees Approve an Amendment to Permit #5217 to construct 4'x52' fixed catwalk with a stairway at seaward end - amendment as requested by NYS DEC - a one year extension of permit to allow construction completion. If you have any questions, please call our office at 765~ 1892. Albert J. Krupski, Jr. President, Board of Trustees AJK:cjc 1-(631)-734-5890 FAX 1-(631)-734-5891 e-mail ebj-eati@nais.com E. Brownell Johnston ATTORNEY AT LAW 4001 WELLS ROAD RICHMOND CREEK FARM PECONIC, NEW YORK 11958 November 13, 2000 Board of Town Trustees Town of Southold Town Hall 53095 Main Road P. O. Box 1179 Southold, New York 11971 DEC- T, RE: Wetland Permit to Construct Dock 4001 Wells Road Peconic, New York 11958 Dear Trustees, in care of Ms. Charlotte J. Cunningham, Clerk, This is to formally thank all of you for your efforts in approving our Application for a Wetland Permit for the above. As requested, I am attaching our check for $720.00, based upon your calculation of the proposed dock square footage. As discussed, we are in the process of obtaining New York State and U. S. Army Corps of Engineers permit approval and will inform you of our success. We understand that you will refund a portion of the permit fee if the final New York State approval requires less square footage. Once again, we appreciate your assistance and site visits and we look forward to enjoying our new home in the Town of Southold. Best regards. Attachments Board Of Southold,Town Trustees SOU~HOLD, NEW YORK PERMIT NO. ~"~7 DATE: ...S..e.g~..Z.Q.,....~.O00 ISSUED TO .....~.:,...~..°...~.N.~.~.~...~..O...H]~.~q~.. Pursuant ~o the provisions of Chapter 615 of ~ke Laws of the State of New York, 1893; end Chapter 404 of fh~e ,L~. ws Stele of New York 1952~ and ~he Soufhold ToWn Ordinance eh- rifled ,"RE~U~TIN~ AND THE P~CIN~ OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC ~NDS and RE~OVAL OF SAND, ~RAVEL OR OTHER ~ATERIALS FRO~ LANDS UNDER TOWN WA~RS:~?: and in accordance wlfh the Resolution of The Board adopted afa meeting held on .~.~.:....~.~.~b, .~.~.~.~, ~nd ~n cons~derM~on of the sum of $..~0-,.~ ..... pald by ~.~ ~r~...~,~.~n ~..~n B., .~oh~.ton .................. ..~ ................. of ...~.~g~.~.~ N.Y. ~nd subject to the Terms and Oondifions listed on the revere side hereof, o~ Southold Town Trustees authorizes and permits the following: A Wetland Permit to construc~ 3'x52' catwalk, a 2-1/2'x12' ramp, and a 6'x20' float, wi~h the addition of float stops ~eep the float~from resting ~n the bottom. all in accordance w~fh the defalJed speclflcetlons ~s pre.hied in the odg~nafing appllcafJon. IN WITNESS WHEREOF, The s~Jd Boerd of T~stees ~re- by ceuses its Corporate Seel to be ~f~xed, end these p?sen~ be subscribed by ~'mejorJ~ of the smd Boerd Alber~ J. Krupski, President James King, Vice-President Henry Smith Artie Foster Kea Poliwoda Town Hall 53095 Main Roed P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN ~i~It[JSTEES TOWN OF SOUTHOLD October 26, 1999 Mr. Bruce Anderson Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton, NY 11932 Re: E. Brownell & Karen B. Johnston SCTM~/86- t -9.4 Dear Mr. Anderson: As per your request, the Trustees give the above referenced permission to cut a path down to the water. The path is to be no wider than 4' and is to be cut down by hand. Thank you. Very truly yours, Albert J. Krupski, Jr. President, Board of Trustees AJK:lms · PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair WILLIAM & CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: Town of Southold Board of Trustees From: Mark Terry, Date: Re: Senior Environmental Planner LWRP Coordinator October 17, 2005 Request for Permit for E Brownell & Karen Johnston SCTM#86-1-9.4 E. BROWNELL & KAREN JOHNSTON request an Amendment to Permit #5217 to add a 3.5'X 12' ramp and a 6'X 20' float to the existing dock. Located: 4001 Wells Rd., Peconic. SCTM#86-1-9.4. The action is located in Richmond Creek a listed New York State Significant Fish and Wildlife Habitat and New York State Department of Environmental Conservation Critical Environmental Area. The use of CCA wood is not proposed in this action (October 17, 2005 Telephone Conservation with Heather Tetrault, Environmental Analyst). The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is generally CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided that the applicant demonstrates that the action meets the below policy~ 9.4 Assure public access to public trust lands and navigable waters. Provide access to, and reasonable recreational use of navigable waters and public trust lands under water. 1. Provide for free and unobstructed public use of all navigable waters below the line of mean high water for navigation, recreation, and other public trust purposes, including the incidental rights of public anchoring. 2. Permit limited obstruction of public use, including navigation, in navigable waters: a. for water-dependent uses involving navigation and commerce which require structures or activities in water as part of the use. b. for commercial recreational boating facilities, provided that the loss of navigable waters and use of underwater lands is offset by sufficient public benefits. c. in order to gain reasonable access to navigable waters from riparian lands. Obstruction of navigable waters and underwater lands is limited: to the minimum necessary for access to navigable waters. The minimum is determined by evaluating the following factors: (i) the extent of the users dependence on access to navigable waters, (ii) the range of tidal water level fluctuation, (iii) the size and nature of the body of water, (iv) the nature of public use of the adjacent waters, (v) the traditional means of access used by surrounding similar uses, (vi) whether or not alternative means to gain access are available. Piers, docking facilities, and catwalks must not result in an unnecessary interference with use of public trust lands. Alternatives to long piers or docks include use of dinghies to reach moored boats and mooring in nearby marinas. Dredging solely to accommodate the draft of larger boats is not a recommended alternative. by extent and characteristics of the developable adjacent upland area and its ability to support in-water development for the water- dependent use. by potential adverse effects on natural resoumes and their uses, and by potential adverse effects on public safety. Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Please contact me at (631) 765-1938 if you have any questions regarding the above. Albert J. Krupski, President James King, Vice-President Artie Pester Ken Poliwoda Peg~ A. Dickerson APPLICATION FOR AN AMENDMENT It Town Hall I 53095 Route 25 P.O. Box 1179 Southold, New York 11971-095~ Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUST]~]~[( F ................ ': ~ TOWN OF SOUTHOLD~t] ['~ i~! ~ DATE OWNER ADDRESS AGENT ADDRESS PROPERTY LOCATION request an Amendment to Permit Signed By: ~:~'4//~'''/ · Complete items 1, 2, and 3. A~so complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: X r-/Agent [] Addressoo Received by ( Printed Name) C. Date of DeIiveo/ D. Is delivery address different from item 1 ? [] Yes If YES, enter delivery address below: [] No Service Type ~ Certified Mail [3 Registered [] Insured Mail [] Express Mail [] Return Receipt for Merchandise i-I C,O.D. 1/~'7/ 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number (r,~.~f~f,o,~,~,~0 70o~ O 5?0 bo~ Z ~-p~' ~_~ 7~-~ ! PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 I Mr. and Mrs. E Johnston 4001 Wells Rd Pcconic, NY 11958 rs. Srownet[ ~olmston ~md Creek 5:arm :r Ol 'Wdls Roal r,- :, Ne~ 9'ork Iz9~8 r~ El' · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: oE, tick/ X r-i Agent [] Addressee B. Received by (Printed Name) C. Date of Delivery D. Is deliver' address different from item f ? [] Yes If YES, enter delivery address below: i-'l No 3. S rvice Type ~Certified Mall [] Express Mail ~J Registered [] Return Receipt for Merchandise [] insured Mail [] C.O.D. 4. Restricted Delivery? (Ex~ra Fee) [] Yes 2. Article Number (Transfer from service label) , PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ~ - '-'-Onlc, Ny- 11958 ¢ror. end[ 1oknston ~ Creek ¢arm WEis ~oad ;ew 9'or~ 1z958 · Complete items 1,2, and 3. Aisc complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2. Article Number (Transfer from service label) ri Agent X F1 Addressee B, Received by ( Printed Name) C, Date of Delivery D, Is delivery address different from item 1 ? [] Yes If YES, enter delivery address below: [] No 3. Service Type J~Certified Mail [] Express Mail [] Registered r-I Return Recetpt for Memhandise [~] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes ! PS Form 3811, February 2004 Domestic Return Receipt t02595B2-M-1540~ Mr. and Mrs. E Johnston 4001 Wells Rd Peconic, NY 11958 rs. Browned[ ~oh.~ton .o~[ creek Corm ~ 90w 9'ork ~1958 1~-88-85 20:25 JOHNSTO1 OFFICE /D=~7345B91 M~. aafl Mrs. 4001 Wells Rd l~comc, N~ ***** NELOOME TO PECON~C~O PECONIC. NY 11958-1415 10/08/05 1D:5?A~ Store USP8 Trens 44 ~stn sYsS~2 Ceshier KSNKBO ~)shier's ~e ~:ock Unit Id PO P~e~r 800-ASK-USpS USP8 ~ 3548~0958 l, First Class 4,42 Oesti~tion: ll~8 Wet.t: O,~oz Postage Type. pVY~ ' ~otal Cost. ' ~ase Rate:' EgVICES ~ertift~il 2.30 7~5~g~2369~550 Etn ~ecgt (gre~Card) 1,75 2. First Cla~ 4,42 Deetinatton: llFl4 Weight; 0.~ ~z, ~t~g~ Type: PVI motam coal: 4,42 ease Rete: 0,37 SERVICES Certified ~ail 2.~0 Rtn ~cpt (Green Card) 1.75 ~. First Cla~ 4,42 ~stlnetion. 11971 Weiaht: ' ~Ooz. ~s[age Type: motel Cos:; 4.42 Base Ra~ViC S 0,37 Certified Mai~ 2,30 700~000235952574 RtnRecpt (Green Card) 1,75 S~total 13,26 Total 13.26 AMEX 13,26 <23-903191641-S8> ~EX <6314735689> ACCT. NUMBER EXP CLERK ID XXXX XXXX XXX3 001 06/09 05 AUTH 548802 CREDIT FRANS ~ 41S ILL GALES FINAL ON STANP8 AND PQSTAGE. EFUNDS FOR GUARANTEED SERVICES ONLY. Number of Items Sold; 3 When You Need to Know If It Arrived Try DELIVER~ CONFZRHATZON TH~NK YOU for ~oosing Peconic ?oet Office You are Special OCT 1: 2005 2~:27 JOHN~TO OFF I Cle ID=017345891 P.~5 28:27 JOHNSTO AW OFFICE ID= 17345891 T FROM : LAWRENCE RAYNOR PHONE NO. : 5i68744895 << Interrupted Transmission >> OCT. 09 2005 02:17PM P1 Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-~(~ ~¥/ BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POST1NG , residing at i~,~i &~//5 /~ being duly sworn, depose and say: That on the / ~ay of t~ t~~, 200f~, I personally posted the property known as by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held IL)OS; .f'~_~, ]c~, o~0(.~ ~.7., . Dated (signatd~e) ~vom to before me this ~-~ - day of t~t/~gO0 J~ Notary Publ'/c~ MELAN!E DOROSK1 NOTARY PU~qUC State of New No 01D0,~63,1870 Qualified in Suffolk County ,,. Commission Expires September 30z'~] L) PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Nalxle: Address: STATE OF NEW YORK COUNTY OF SUFFOLK '~ I'ff~'~e il ,'.,I,~ II~'"v day of l-O ,x p /DO ~..t- being duly sworn, d~oses ~d says that on the 20v/, d~onent m~l~ a tree copy of~e Notice ,// q T / set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment ~11 of the Town of Southold; that said Notices were/l~)ailed at the United States Post Office at f,~O,, .~ / ~ . ____, that said Notices w re~d persons by (certified) (registered) mail. Sworn to b ' e this' ~ orA ' ,2oor MELANIE DOROSKI NOTARY PUBLIC, State 0t New No, 01D04634870 -Qualified in Suffolk County Commission Ex~ires September 4001 Wells Road Richmond Creek Farm-SCTM # 86-01-9.4 Peconic, New York 11958-1738 September 26, 2005 Albert J. Krupski, Jr., President, Trustee James King, Vice President, Trustee Arthur Foster, Trustee Ken Poliwoda, Trustee Peggy A. Dickerson, Trustee Dear Trustees, This is to request an amendment to our Dock Permit # 5217 (copy attached), to add a 3 1/2' by 12' ramp and a 6' by 20' float to our existing dock. On September 20, 2000, Permit # 5217, relating to our application dated August 4, 2000 (copy attached), was initially approved by the Board of Trustees at their initial public hearing on our application. This permit for dock construction included a ramp and float. We subsequently amended the approved permit and deleted the Trustee approved ramp and float to conform to a DEC request. On July 24, 2002, the Board of Trustees at their public hearing approved the amended permit through resolution (copy attached). The existing permitted dock was built in 2002, pursuant to the permit plan drawings, approved on September 20, 2000. We have attached a copy of our prior application and the additional information--pursuant to New Chapter 95--LWRP Consistency Assessment Review Form/Requirement. We understand that a review by the LWRP coordinator is necessary and look forward to fulfilling this Town of Southold legal requirement. We are now requesting to add a ramp and float of the above-delineated dimensions to our existing dock with this amended permit. Thank you for your kind consideration. Sincerely yours, Karen B. Johnston and E. x Attachments Copy to Mark Terry, LWRP coordinator P. O. Box 534 Peconic, New York 11958-0534 August 1, 2000 Board of Town Trustees Town of Southold P. O. Box 1179 Southold, New York 11971 Re: Wetland/Trustee Lands Application: Property Tax Map # 1000-86-01-9.4 Dear Trustees: We are attaching an application requesting your permission and approval to construct a private dock at our residence at 4001 Wells Road, Peconic, New York, Town of Southold. Please note that our initial application (filed in August 1999 which you approved on October 21, 1999) to build our residence included the intention to obtain a permit for a 'private docking facility'. The dock portion of the application was postponed to accelerate the permit approval process and enable us to begin construction of our new residence. We are now requesting your approval for a private dock. Although the attached drawings were prepared by an engineer with extensive dock design and building experience, we are willing to consider any appropriate modifications that you or your staff might suggest. We would appreciate the opportunity to discuss our application with one of your field agents prior presentation to the full Board of Trustees and may be contacted at 1-631- 447-9092. Thank you for your kind consideration. Sincerely you~/~ rowS /n Attachments 4001 Wells Road Richmond Creek Farm-SCTM # 86-01-9.4 Peconic, New York 11958-1738 September 26, 2005 Albert J. Krupski, Jr., President, Trustee James King, Vice President, Trustee Arthur Foster, Trustee Ken Poliwoda, Trustee Peggy A. Dickerson, Trustee Dear Trustees, ACCOUNT understand that a review by the LWRP coordinator is necessary and look forward to fulfilling this Town of Southold legal requirement. We are now requesting to add a ramp and float of the above-delineated dimensions to our existing dock with this amended permit. Thank you for your kind consideration. Sincerely yours, Karen B. Johnston and E. Btr0wndd}~ Johnston J Attachments Copy to Mark Terry, LWRP coordinator LWRP CONSISTENCY ASSESSMENT FOR31 INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete tiffs CC_~r for proposed actions that are subject to the Town of Southold Waterfront Consistency Rex-iew Law. Tiffs assessment is intended to supplement other information used by a Tox~'n of Southold agenc.,, in making a determination of consistency. *Except minor exempt actions including Building ?ermi~ and other mim'sterial permits not located ~vithin the Coastal Erosion Hazard A rea. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the To~n of Somhold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its signific~mt beneficial and adverse effects upon the coastal area (which includes al/of Southold Toxxm. If any question in Section C on this form is answered "yes", then the proposed action ma) -affect the ach/evement of the LWRP potty standards and conditions contained in the consistency revie~ ta~. Thus, the action should be analyzed in more detail and, if necessary, modified prior ro malting a determination that it is consistent to the maximum extent practicable ~5th the LWRP pol/cy standards and conditions. If an action cannot be certified as consistent x~ith flae L~A'RP policy standards and conditions, it shall not be undertaken. SEP" 6 A copy of the LWRP is available in the (soatholdtown.northfork.net), the Board of Trustees Office, libraries and the Town Clerk's office. )ssceamo oF v ovos , cnom The AppLication has been submitted to (check appropriate response): TownBoard [] Planning Dept. [] Building Dept. [] BoardofTrustees [~] Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital [-~ construction, planning activity, agency regulation, land transaction) ~ (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Location of action: Site acreage: Present land use: Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, the follos~Sn=~ information shall be provided: (a) Name of applicant: (c) Telephone number: Area Code ( ) ~/ ~' 7flq/'~ (d) Application number, ifany:~P~rvD/~ FAf- 7~ fl~ltM /f~ Jf ~L / 7~ Will the action be directly tmdextaken, require fimding, or approval by a state or federal agency? Yes [] No~] Ifyes, which state or federalagency?___ /~,a,h y _ DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character. preserves open space, makes efflcieat use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [~Yes [] No [~ Not Applicable A~ach additional sheets if neCessary Policy 2. Protect and preserve historic and archaeological resources of the Iown of Southold. See LX~,RP Section III - Policies Pages 3 through 6 for evaluation criteria ~ Yes [] No [] Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP SectionIII - Policies Pages 6 through 7 for evaluation criteria Yes [] No [~] Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LX'~RP Section III - Policies Pages 8 through 16 for evaluation criteria [] Yes [] No [~ Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [] Yes [-'] No [~-] Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See L~qRP Section Ill - Policies; Pages 22 through 32 for evaluation criteria. [] Yes [--] No [~q Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See L~,VRP Section III - Policie~ Pages 32 through 34 for evaluation criteria. ~ Ye~ [] NO [] Not Applicable Altach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria~ [--] Yes [--] No ~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, pubEc lands~ and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [] Yes~-~ No~-~ Not Applicable Attach additional sheets if necesssxy WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of ne~ water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. ~-] Yes [--] NO [] Not Applicable WORKING COAST POLICI~ Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III- Policies; Pages 47 through 56 for evaluation criteria. ~ Yes ~ No [] Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes ~ No ~] Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. ~-] Yes [~ No ~--~ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [] Yes ~ No [] Not Applicable P~PA~DBY - 09J2fi-05 11:03 JOHN6TO~w OFFICE ID=107~45891 P.OI APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM ],lAME OF APPLICATION: (Ch~k roll tha~ al)ply.) Tax gticvau~ Buildlug Variance C, haa{c of~onc ~ . ~ Coa~al E~osion Approval of plal Mooting Exemption ~m p[~ or offici~ DO you personalty (or throtlgh yom' compatmy, spouse, sibling, pamnL or chi{d) have a relafion!~Jp u,i~ a~y o{~c~t or e~tplo.,.ee of the Town of Southold? "R¢i~ionship" include~ by blood, roan'iai, or business interest "Busine~ {n¢luding ~ p~mership, in ~vhich the t~wn olEi~r or crnployec has even a pania{ owne~htp of(or cml)lo.~u~a£ which ibc town offi~r ar ~mpioy~e ovms mere than 5% of O~c "/ES NO ~ Il'you au$\vered "YES", complete t~c bal~xcc nf this fora ~d ~ ~d si~l w~ lndic~. Na~ of ~n e~ployed by ~ To~ of ~u~ld Tilie ot ~si~on or.at ~n -- ~i~ ~ ~t~nship ~w~n yo~lf (~ a~li~en~pr~n~v¢) ~ ~e towu ofl]~t or emp~'~. Ei~ c~k the a~e lin~ A) ~ugh D) ~or des~ in ~ s~ pmvi~d. ~¢ ~own o~r or employ~ or his ur her s~u~, (whu~ ~¢ applic~t ia a ~.B) t~ icg~ or ~fic~[ own~ of~y ~li¢~t is not a C) a~ o~cer, d[~, ~r, or ~plo~ of~ applier; or 09-26-05 11:07 $OHNSTONOw OFFICE ID= 7345891 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM Th~ Town of $outhold's Code of ~'m!r~ mohibi~ ~onflictz of i~m~n ~ ~ ~ of~wn o~ ~ emob~ ~ ~ Of (~ ~, f~ ~.~i~e ~, ~ yo~ ~ apply~'~ ~ n~ of ~nc vim or O~ ~fi~. ~ ~ ~ ~m~y- lf~, i~i~ ~ o~r ~n's or ~m~y's ~.) NAME OF APPLICATION: (Oh~:k all ~mat apply.) Tax gtie'~ance Building Va,,6ance Trustee Cha~ge of Zone Co,msU~l Erosion Approval of plal Mooring Exemption fium plat et official map ~ Pla~ning DO you personally (Or ~hmugh your company, spouse, sibling, !ua~nL or child) have a r~lationship ,.,,'{th an,,- o~13~' a,t tut kul o,.'.~: of'Ibc Town of Southold? "R¢l,,qon.vbip" includes by blood, ~ or bus~ inte,'~st. "Bu:dne~s including a parU~ship, in which lhe ~wn officer or e,-mploye~ has even a partial ownership o£ (or cmplOvm~ar by) a corpo~ in which thc town officer or employ~ owns mote than 5% of the shares. ' - YES ~; NO If yo~l answered ~YES". complete thc balanou of this form and date aud :~ign where i~licatcd, Title 0r position of that pee~on ~-,~c, ¢ ~,:'-~.~ , ~ eL,' Describe ~ relationship between yourself(the apphcanl/agent/represe n~at Jvc) and the town officer or ~rnplo) ~_ ~he appropriate linc ^) through D) and/et describe in the space provided. TI~ town officer er employee et his or her spouse, siblitlg, parent, o~ ~hild is (~h~mk all ~haI apply): ~A) the owr~r ofgrcal~r thrm :5% otth~ shares of~e corporate stoc~ o£~h¢ applicant (when ~h¢ applicam is a · __lB) the legal or beneficial owner of any intc~s~ in a non-coq~orat~ ~ntity (when applicant is not a corp~rahen); C) em offlccr, director, paring', or employe~ of the applicant; or ,~.__D) 0~ a~tual applicant. DESCRIPTION OF RELATIONSHIP Form TS I APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics orohibits conflicts of interest on the oart of town officers and emnloveas. The ~uroo~e of this form is to nrovide information which can alert the town of~ossible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, first name, middle initial, unless you are applying in thc name of someone else or other entity, such as a company. If so. indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption fi'om plat or official map Planning Other (1 f"Other", name the activity.) ~.,) ~l~ if ~ ~,) ~_....~..~ ,~ ~,,'-~ Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southo[d? "Relationship" includes by blood, marriage, or business interest "Business interest'? means a businass~ including a partnership, in which the town officer or employee has even a partial ownership of(or employment by) a corporation in which the town officer or employee owns more than 5% of the shams. YES NO t~ lfyou answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicanffagent/mpresentative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shams of the corporate stock of the applicant (when the applicant is a corporation); __B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); __.C) mn officer, director, partner, or employee of the applicant; or __ D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS I Signature Print Name 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 Fz~x ('631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD July 25, 2002. Mr. & Mrs. E. Brownell Johnston ;001 Wells Road Pe~:om.c, N-f 11958 RE: 5CTM#86-0l-9.4 40ill Wells Road Peconic, NY Dear Mr. & Mrs. Johnston: ~ 'to ti, ilowin~, acfic, n was taken by the Southold Town Board of Trustees at their R. s,~,,.c ,_';',~.~etir:v l,_c~a on , ,.un~sdav, July 24. 2002. E£S.3;.'_'v'ED. that the Sourhold Town Board of Trustees A£prove an Amendmu~v... to ?cnn: '& 2:, ._o construct 4':~52' fixed catwalk with a stairway at seaward eud- am¢.-.dn.,~:n as rcq~:este~ by ?4YS DEC - a one year extension ofperrnit to,..o~l' w ~ o ~,, u,._ on c.)t..p_.~ ~.' .' ~+., ~q .... - - *~.: ~.ou h>,'c :.q~) questions, please call our office at 765-1892. _cerelv,, ~, ?. President, Board of Trustees AJK:cjc Albert J. Krupski, President James King, Vice-President Henry Smith Artie Foster Ken Poliwoda BOARD OF TOWN TRUSTEES · TOWN OF SOUTHOLD LETTER OF REQUEST FOR AN AMENDMENT Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-18q2 Fax (516) 765-1823 2' - 'T: ' OWNER .~t3 t~. t c ,'T-,~ ,, ~ PHONE AD~SS .~/00/ ~fiCc~' AGENT /~/0bd ~, PHONE G 31 - 7 3 c/-5~2 cio ADDRESS PROPERTY LOCATION L/OD[ ~/~(.~C,~' ~,~0~ I/We ]~f~ 4 ~ ~/~-~// ,~o ~S/l~lJequest an Amendment to Permit # % Coacfa.ucr t./tx .cz' F~KCcD C/¢3.0,%g- Signed By: PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAlL RECEIPTS N31Tie' Address: / / 7:'c-/ STATE OF NEW YORK COUNTY OF SUFFOLK. ~ta'_¢. I / qf~ . , being duly sworn, deposes and say~ tl-mt on the " &'~.~___' 'day of ~. ,20 o ~, deponent mailed a true copy of the Notice set forth in the Board'of Trustees Application, directed to each of the above named persons at the addresses set opposite there respective names; mat the addresses set opposite the names of said persons are the address of said persons as shown on the current ~ssessment r, qll of the Town of Southold; that said Notices were mailed at the United States Post Office at (certified) (registered) mail. , that said Notices w,~ mailed to each of said persons by Sworn to.ore me this 7 Day of ~//~/Tx~ , 20_.c2~ ~ Notary Public ELIZABETH A STATHIS NOTARY PUBLIC. State of New ¥o~ I~. 01ST6008173, Suffolk County Term Expires June 8, 20.Q.~ Albert J. Krupski, President James King, Vice-President Henry Smith Artie Foster Ken Poliwoda Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-18.~2 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only Coastal Erosion Permit Application -~Wetland Permit Application Grandfather Permit Application Waiver/Amendment/Changes ~4~ceived Application: ~0 .,-Received Fee:$~O-- ~,,Completed Application ~}q!~O Incomplete SEQRA Classification: Type I .Type II Unlisted Coordination:(date sent) ,-'CAC Referral Sent:.~~l~ ~te of Inspection:_~~ Receipt of CAC Report: Lead Agency Determination:__ Technical Review: ~'ffublic Hearing Held:~_~___ Resolution: Name of Applicant5 ~. Address ~0. ~d~ ~ Suffolk County Tax Map N~er: 1000 - Property Location: ~001 (provide LILCO Pole ~, distance to cross streets, and looation) AGENT: ( If applicable) Address: Phone: FAX#: B~d of Trustees Applicatio~ GENERAL DATA Land Area (in square feet): / Area Zoning: Previous use of property: Intended use of property: Prior permits/approvals for site improvements: To Agency ~/,1 OF &t.r;TYotb/b£;'~f. OF No prior permit~/~pprov~l~ Date ¢/,q ? ., ,? / ~ / for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? ~< No__ Yes If yes, provide explanation: Project Description (use attachments if necessary): 2 · . Bq~d of Trustees Applicatio~ WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: ~/V577~UC ~/~ Area of wetlands on lot: ~ 7, ~& 7 Percent coverage of lot: ~L~.~- feet square % Closest distance between nearest existing structure and upland edge of wetlands: feet Closest distance between nearest proposed structure and upland edge of wetlands: feet Does the project involve excavation or filling? ~ No Yes If yes, how much material will be excavated? How much material will be filled? /V//~ cubic yards cubic yards Depth of which material will be removed or deposited: feet Proposed slope throughout the area of operations: Manner in which material will be removed or deposited: 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): Albert J. Krupsld, President James King, Vice-President Henry Smith Artie Foster Ken Poliwoda Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York L1971-0959 Telephone(631) 765-1892 Fax(631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, K~6~ 6. ~0~5 ~ , residing at I}[ ~,'~6yFYl [>fl ¢~,. z l-t-St,' llG York' 117 f2- /°/15 being duly sworn, depose and say: That on the ~kday of~.~sP, 2000, .I personally pos, ted the property known as ~OO~ f4/F:i/$ ~v~ p6~,~ ~ ~¢p0 ~0wf 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 seven days prior to the date of_the public hearing. Date of hearing noted thereon to be held Dated. before me this Swor~ _to ., ~7~ay of 2000 Notary Publid HELENE D. HORNE Notaq, Public, State of New York No. 4951364 Qualified in Suffolk Comity Commission Expires May 22, ~L 0 O, I (si~n~ature) ' ~ NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES~ TOWN OF SOUTHOLD In the matter of applicant: YOU ARE HEREBY GIVEN NOTICE: i. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: 2. That the property which is the subject of Environmental Review-is located adjacent to your property and is described as follows: .~/0ol W£~L$ .,~o~b, ,°~-~,~/~,,'~I~d'ol~l~ 11~.5-~ 3. That the project which is subject to Environmental Review under Chapters 32, 37, or 97 of the Town Code is open to public comment on: You may contact the Trustees Office at 765-1892 or in writing. The above referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNERS NAME: ,E. ~,~-D/...,,%,'~L.L MAILING ADDRESS: /~0. ~X PHONE #: tJ~..~/...) /'-/9"Z- Enc.: Copy of sketch or plan showing proposal for your convenience. PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Po. / 7 7& Address: /go /~x /77/~ STATE OF NEW YORK COUNTY OF SUFFOLK ~_~.~_~. ~~, residing at ,/~-~-~ / ~.~, . , being duly sworn, deposes and says that on the ~ ~ay of ~_ ,1~-o0% deponent mailed a true copy of the NotiCe set forth-~¥'the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; thatls~i~ .Notiq~s were mailed at the United States Post Office at ~ , that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to~efore me this ~ day of ~ . ,~ ~o~D // (,tNotar¥ ~ublic ~Y~ M. ~IN8 md of Trustees Applicatio~ County of Suffolk State of New York BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEb~TS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OFTRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HERRRY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. SWORN TO BEFORE ME THIS DAY OF ~¢U~ JOYCE M. WILKINS ~ Pub;ir,. State of New York TN~e~. 495224~, .Suffa~ County era Jun. / BOd of Trustees Applicatio~ County of Suffolk State of New York DESCRIBED PERMIT(S) AND THAT ALL ST~i'~ENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY. PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Signature/ swo~ TO BEFORE ~ THIS Z/~L DAY OF ~6 U~C ary Public JOYCE M. WILKINS Notary Public, State of New York No. 4952246, Suffolk County Term Expires June 12, ,~_00/ 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only )ART J--PROJECT INFORMATION (To be completed by ADpticant or Project sponsor) SE( 3. PROJECT LOCATION: 5. IS PROPOEED ACTION: [] Exoansion 6. DESCRIBE PROJECT BRIEFLY: B. WILL PROPOSED ACTION COMPLY WITH ~,XISTING ZONING OR OTHER E. XIET[NG ~.-~ND USE ~B'~TalCTICNS? EYes [] No If No. describe t3rmfiy ODES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL. STATE OR LOCAL)? [] Yes ~o If yes. list agency(s) and oermlt/aooroval$ 11. DOES ANY ASPECT OF THE ACTIOt,I HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes' [] No If yes, list agePcy name and permltlaODroval 12. AS A RESULT OF PROPOSED ACTION WILL SXISTING PERMIT/APPROVAL REOUIRE MODIFICATION? [] Yes I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE if the action is in the Coastal Area, and you are a state ac. ency, complete the CoastsJ Assessment Form before proceeding with this a~;essment OVER 1 PART I1--SN',qRO,'~,',IE?~TA' 'IS,',IE>~T ,To .~e ,:;msie!ec 3'/ -'~enc' PART III--OETERMINATICN OF SIGNIFICANCE {To ~e completed by Agency) INSTRUCTIONS: For each adverse e;fec: ident~fieQ acove, determine whether [t is suostantiat, large, irncor~an: or oti~ePwise signl E~c.~ effect should be assessed in connection w~lll ,ts (a) setting (i.e. urban or ~ral); (b) ~roDaoilit¥ of occ~,',-i.~g; (.c) durati< irrevers~bHity: :el ,~eograenic sc=ce: an(= (f~ rnacJn[[u:e, if necessary, a~cl attac,hments or reference suopor~ing materials. E.~sur exotanalicns ccnt&Jn suffic:ent ae~all !o show tllat All relevant adverse impacts have been identifiecl and adequately acCresse 2 ELIZABETH A. NIgV~T.LE TOWN C LERI~ REGISTR_~.R C)F VITAL STATISTICS M~RRIAGE OFFICER RECORDS MANAGI~MENT OFFICI~R FF:E~DOM OF INFORMATION OFFICEI~ Town Hail, 53095 Main Road P.O. Box 1179 Southo},d, New York 11971 Fax ~5~L6) 765-6L45 Telephone 1516) 765-[800 OFFICE OF TI-IE TOWN CLERK TO'~VN OF SOUTHOLD SOUTHOLD WASTEWATER DISPOSAL PERMIT CONSTRUCTION OR ALTERATION PERMIT SEPTIC TANK or CESSPOOL Fee $ 10.00 Septic X Cesspool PERMIT ISSUED TO: Name : E. 8ROHNELL g KAREN JOHNSON Address 1: 3 COLDPORT DRIVE City St Zip HUNTINGTON NY 117~3 Descripton of Proposed Construction or Alteration SANITARY SYSTEM FOR SINGLE FAMILY DWELLING. APPROVED AS SUBMITTED AND AS APPROVED BY THE SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES. REF #R10-99-0189 Name Of Owner BROHNELL, E & JOHNSON, KAREN Mailing Address 1 3 COLDPORT DRIVE City St Zip Property Address 1 HUNTINGTON NY 11743 ~001 WELLS ROAD City St Zip Tax Map No. section Cross Street Building Permit Number Cross Reference: PECONIC NY 11958 86.00 block 1 Jot 9.00Lt WELLS ROAD Issue Date: 11/17/99 qouthold Town Clerk (TOWN SEAL) F~OM'. : STROUGH+5UFFOLk' /- Albert J. I~upskl. president I-fen r~' 8mith Artle Ken Poliwo<ia FAX NO. : 516537519~ S~uthol8, New ¥ork1197[ Telephone (516) 76~ 18~2 Fax (.516) 765-18~3 I~OARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DETERMINATION O1F NON-JURISDIC~[ION October 31, 1999 Suffolk g~vironmental ~onsu~zlng AI)I)R~SS: P.O, Box 2003 Bridgetiampion, NY APPLICANT: ADDRESS: ~ Co]d~ort Dr. PHONE: 537-5160 PHONE: 367-3129 RE: SC-i'M~ ~090-$6-~-9.4 The $outhold Town Board of TrusUms reviewed tim ~rvey d~¢d and received ia our oi~Ice on 9/7/99 and del.,nixed that yoor proposai to Construct a +J- 3854 sq.ft. (£ootprint) two-story ho~e (four bedrooms) a */- 2815 sq. It. driveway, and a */- 800 sq.ft, pool, to be out of'the Truste~ Wetland lutisdiction under Chapter 97. However, any activity within 75' at'~ Wetland line requires a permit from this office. Tkis determination is not a determination from any other agency.. If you have any furth~ questions, please flo not he, silage to cell. Sincerely, Albert J. Krupski, , President, Board of Trustees AJK/ The Town of Sou~hold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. Tbs purpose of this form is to provide information which can alert the town of possible.conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAMRt (bas~ name, first name, midd.l~'initia~l'uniees you are applying in the name of someone else or other entity, such as a company. If ed, indicate the other person's or company's name.) NATURE OF APPLICATIONs (Check all tha~ apply .' ) Tax grievance Variance Change of zone App~i~val of plat Exemption from plat other ~ (I~ ',other," same or official map Do you pereoeall~ (or through your companyp spouse, sibling, parent, or child) have a relationship with any officer or employee or the Town of SouthoidT 'Relationship# includes by blood, marriage, or business interest. 'Business interest" means a business, including a par~nership~ in which the eovn officer or employee has even a partial ownership of (or employment by) a corporation in ~hich the town officer or employee owns more ~han 5% of khe shares. NO .Y, If you answered "YES,". complete the balance of ~hie Ecrm and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (~he applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child ia (check all that apply)~ A) the owner of greater than 5% of the shares of the corporate stock of the applic~nt (when the applicant· ia a corporation); .B) the legal or b~neficial owner of any interest in a noncorporate'entity (when the applicant is not a corporation); ..C) an officer, director, partner, or employee of the applicant~ or D) the actual applicant. DESCRIPTION OF RELATIONSHIP APP~ANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold'n Code o£ Ethics prohibits con,lions of interest on the part of town officers and employees. The purpose of this form.~s to provide information Which can alar~ ~he ~own of possible conflicts of interee~ and allow it to take whatever action is necessary to avoid same. YOUR NAHRt '(Las~-name, eirst name, midd.le'{nitial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NATURE OF APPbICATIoN~ (Check all thai apply'.') Tax grievance Variance Change of zone ARp~val of plat , Exemption from plat or official map other ~ (If ,,other," name the activity.) ..~O~S.77e~oAf ~p ~7-6- ~o6/~ parent, or child) have a relationship with nny e~ficer or employee o~ the Town o~ Southold? 'Relationship' Includes by blood, marriage, or business interest. 'Duetnees interest' means a business, including a partnernhip~ in which the town o~ficer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% og the shares. YES __ NO .P~, If you answered ~YES,#.complete th~ balanc~ of date and sign where Indicated. ~his ~orm and Name of person employed by the ToWm of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The parent, c) D) town officer or employee or his or her spouse, sibling, or child is (check all that apply)~ the owne~ of greater than 5% of the shares of the corporate stock of the applic~nt (when the applicant is a corporation); the legal or b~neficial owner of any ln%erest in a noncorporate'enttty (when the applicant is not a corporation); an officer, director, partner, or employee of the applicant; or the actual applicant. DESCRIPTION OF RELATIONSIIIP CONTRACTOR NAME, ADDRESS: TELEPHONF- 12-(96-(92 12:(9:3 JOHNSTON LAW OFFICE COMPLIANCE RETURN THIS FORM TO: Marine Habitat Protection NYSDEC Building 40 - SUNY Stony Brook, NY 11790-2356 PERMIT NUMBER: /' ~?5°~' 0~{~/00002 ISSUEDTO: PROJECT LOCATION/ADDRESS: ~D 0 / ~ ~ P~I ~ ID=I6317345891 Dear Sir: Pursuant to Supplementary Special Condition D of the referenced permit, you are hereby noised that the authorized CONTRACTOR We have fully complied with the terms and conditions of the permit and approved plans. (Both signatures required)4.~.~~t '1: t ~'~/I- , .. ,,/ . ... DATE .... -....~ .... DATE. THIS NOTICE, WITH PHOTOGRAPHS OF THE COMPLETED WORK AND/OR A COMPLETED SURVEY, AS APPROPRIA TN, MUSr BE SENT TO THE ABOVE ADDRESS WITHIN 30 DA YS OF COMPLETION OF THE PROJECT. UtC - b NOT. ICE.OF..COMMENCEMENT OF CONSTRUCTION CONTRACTOR NAME: ADDRESS: TELEPHONE' RETURN THIS FORM TO: COMPLIANCE Marine Habitat Protection NYSDEC Building 40 - SUNY Stony Brook, NY 11790-2356 PERMIT NUMBER:- //- qT"~' ~'~//'~> PROJECT LOCATION/ADDRESS: IOR FAx TO: (631) 444-0297 Dear Sir: Pursuant to Supplementa~ Spec/el Condigion D of the referenced permit, you are hereby notified that the authorized activity shall commence on It I Z,~ I ~'~ We certify that we have read the referenced permit and approved plans and fully understand the authorized project and otl permit conditions. We have inspected the project site and can complete the project as described in the permit and as depicted on the approved plans. We can do so in full compliance with all plan notes and permit conditions, The permit sign, permit and approved plans will be available at the site for inspection in accordance with general Condition No. 1. (Both signatures required) __ ./~/// . //'~ ..~ . PROJECT AND/OR ANY ~SSOCIA TED REGU~ TED ACTtVIT~E~ FAILURE TO RETURN T~IS NOTICE, POST T~E PERMIT SIGN. OR HA VE THE PERMIT AND APPROVED P~N~ A VAI~BLE A T THE ~RK SITE FOR ~E DURA T~ON OP THE PROJECT MAY SUBJECT THE PERMiTTEE AN~R CONTRACTOR ~0 APPLIC~B~ SANCTIONS ANO PENAL TIES FOR NON. COMPLIANCE ~TH PERMIT CONDITION~. ,4 2:'~ecking9 ·Flr ~ Stringers 6 "x6" CCA ' ing{ Penetratio~ MLn 10' Bents '~"oc CCA SECTION ~a/e in feet PROPOSED FLOAT, MOQRING · ·PILES, RAMP' AND CATWAL~ ' in RICHMOND CREEK ~t.PECONIC, NY' . Applicantl E. Brownell · Johnston 4~0~ Wells Road Peeonte, NY 11958-0534 Sealel As shown Date . Sheet Tel~phoae (631) 765-1892 Town H.,dl. 53095 Main Road P.O. Box 1179 Southold. New York 11971 $OUTHOLD TOWN CONSEHVATION ADVISORY COUNCIL At the meeting of the Southold Town Conse~ation Advisory Council held Wednesday, July 17, 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 Trustees APPROVAl. of the Amendment Request of BROWNELL & KAREN JOHNSTON to Amend Permit #5217 to construct a 4'× 52' fixed catwalk with a stairway at the seaward end, as amended by the DEC. Located: 4001 Wells Rd., Peconic. SCTM#86-1-9.4 Vote of Council: Ayes: All Motion Carried E. Brownell Johnston ATTORNEY AT LAW 1-(631)-734-5890 FAX 1-(631)-734-589! Emafl: e~a~nvbb.net 4001 WELLS ROAD PECONIC, NEW YORK 11958-1738 May31,2002 Mr. Matthew R. Penski Environmental Analyst Region One Division of Environmemal Permits New York State Department of Envirov_mental Conservation BuilcVmg 40-SUNY Stony Brook, N.Y. 11790-2356 Dear Mr. Penski, Re: 1-4738-02413/00003 John_ston Pr0pertv on 4001 Wells Road. Richmond Creek. Peconic, NY; Private Dgck Construction As requested in your April 18, 2002 letter, we hate attached three copies of a revised rite plan and cross view diagram properly showing the Department's requested revisions. You previously stated that the Department can authorize a structure which would be identical to the slxucmres approved by the NYSDEC on the opposite side of Richmond Creek. We have also attached a copy of your perm& number 1-4738-01117/00003 issued to the Roland and Karen Grant in the hope that it will expedite the issuance of our permit. Please call us at 631-734-5890 or fax at 631-734-5891, if you need anything else for the issuance of our permit. Thank you for your kind consideration of our Dock Permit Application. Sincerely, E. Brownell Johnston New York State Department of Environmental Conservation Division of Environmental PermitS Rm 121, Building 40-SUNY Stony Brook, New York 11790-2356 Telephone (631) 444-0365 Facsimile (631) 444-0360 Erin M. Crotty Commissioner Mr. E. Brownell Johnston 4001 Wells Road Peconic NY 11958 Dear Permittee: RE: Permit # 1-4738-02413/00003 June 11,2002 rot__;'.- In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please read all conditions carefully. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. Very truly yours, Matthew R. Penski Encon Program Aide MRP Enclosure N~W YOROATE DEC PERMIT N~EER 1-4738-02413/00003 FACILITY/PROGRAM NL~BER(~) PERMIT [ TYPE OF PER~IT · New Water Supply Long Island Wells wild, [] Renewal []Modificacion CertificaKion ~ Article 17, Ti~les 7, [] Article 23, Title 27: [] Permit to Operate Article 27, Title 9; E. Brownell Johnston I (631) 734-5890 ADDRESS OF PERMITTEE 4001 Well~ Road. Peconic NE 11R58 TELEPHONE NUMBER NA~ANDADDRESS OF PROJECT/FACILITY Joh/~ston Property, ~001 Wells Road, Peconic NY LOCATION OF PROJ~CT7FACILITY SCTM #1000-86-1-9.4 CO~TY I TOWN Suffol~ Southold Description of Authorized Activ~sy WATERCOURSE R~chmond Creek Construct a 4 foot by 52 foot ca~walk I~ncludes ramp) and a 4 foot wide stairway to 9r&de at ~he seaward t~rminus of the catwalk. All work shall be performed in accordance with the plans stamped ~YSDEC approved on 6/11/~2. NE~V W STATE DEPARTMENT OF ENVIRONMENTAL CON NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compJJanca or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any ctaims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Complywith Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including al~ special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall De subject to the same sanctions for violations of the Environmental Conservation Law as those prescribeb for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements aha righta-of-way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the ~mpairment of any rights, title, or interest in real or personal property held or vested Jn a person not a party to the permit. GENERAL CONDITIONS General Condition 1: Facility Inspection by the Department The permitted site or facility, including relevant records, is subject to ir~spection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine wi]ether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401 (3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including al/referenced maps, drawings and special conditions, must Pe available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. General Condition 2: Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. General Condition 3: Applications for Permit Renewals or Modifications The permittae must submit a separate written application to the Depadment for renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. The permittee must submit a renewal application at least: a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES). Hazardous Waste Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste Manngement Facilities (SWMF); ann b) 30 days before expiration of all other permit types. Submission of applications for permit renewal or modification are to be submitted to: NYSDEC Regional Permit Administrator, Region < > <street>, <city~, <state> <zip>, telephone: < > General Condition 4: Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit in accordance with 6 NYCRR Part 621. The grounds for modification, suspension or revocation include: a) materially false or inaccurate stataments in the permit application or supporting papers; b) failure by the permittee to comply with any tarms or conditions of the permit; c) exceeding the scope of the project as described in the permit application; d) newly discovered matarial information or a matarial change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; e) noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. DEC PERMIT NUMBER I I PAGE 2 OF 4 1-4738-02413/00003 ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (TITLE 5), 24, 25, 34 AND 6NYCRR PART 608 ( TIDAL WETLANDS ) If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, ~n the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused therebywithout expense to the State, and if, upon the expiration o¢ revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, a nd to such extent and in such time and manner as the Department of Environ mental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 2. The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or rig ht to compensation shall accrue from a ny' such damage. 3. Granting of this permit does not relieve the applicant of the responsibility of obtaining any other permission, consent or approval from the U.S. Army Corps of Engineers, U.S. Coast Guard, New York State Office of General Services or local government which may be required. 4. All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the proiect. Any material dredged in the conduct of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. 6. There shall be no unreasonable interference with navigation by the work herein authorized. If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. If granted under 6NYCRR Part 608, the NYS Department of Environmental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301,302, 303, 306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. 9. At least 48 houre pdor to commencement of the proiect, the permittee and comractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work end, if required, a survey. 10. All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Such approved plans were prepared by: E. Brownell Johnston last revised on 5/31/0_2. DEC PERMFF NOMaER I J PAGE3 OF 4 1-4738-02413/'00003 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SPECIAL CONDITIONS 1. Catwalk/ramp/stairway may not (a) extend laterally beyond propem/lines, (b) be placed so that docked boats extend over adjacent property line, (c) interfere with navigation, (d) interfere with other landowners riparian rights. 2. No permanent structures may be installed on catwall</ramplstair,,vay without first obtaining written Department approval (permit, modification, or amendment). 3. No dredging, excavating or other alteration of shoreline or underwater areas is authorized by this permit1 nor shall issuence of this permit be construed to suggest that the Department will issue a permit for such activities in the future. 4. Timber catwalk shall not exceed 4 feet in width and shall be a minimum of 3% feet above grade* over tidal wetland areas (* as measured from ground to bottom of dock sheathing). 5. The storage of construction equipment and materials shall be confined to within the project work site eno or upland areas greater than 75 linear feet from the tidal wetland boundary. 6. The use of wood treated with pentachlorophenol ir~ the construction of stn~ctures that will be in contact with tidal wa[ers is strictly prohibited. 7. No floats or mooring pilings are authorized by this permit nor will the Department issue a permit for such activities in the future. 8. Any debris or excess material from construction of this project shall be completely removed from the adjacent area (upland) end removed to an approved upland area for disposal. No debds is permitted in tidal wetlands and or protected buffer areas. DEC PERMIT NOMBER I IPAGE 4 OF 4 1-4738-02413/00003 ...PILES ~ RAMP' AND CATWALg~ _ Applicant. E. - Jm~stan ,. 't RICHI~OND.. · ··CREEK - ZSq' . LANDWARD Ubllt OF I · Y~Tt~flO$ AS. DETF-.Ri BY' YOUNG ,,~"YOUNG WELLS -1 ,> SECTION ~qaie in feet PROPOSED FLOAT, MOQRzNG · PILES, RAMP AND CATWALK in RICI-~IOND CREEK Appl~ennt~ Eo 'Johnsgon Scale, As ~h~ . DEPARTMENT OF STATE George E. Pataki Randy A. Daniels Secretar~ of State Division of Coastal Resources 41 State Street Albany, NY 12231-0001 December 13.2001 Marc Helman Acting Chief, Eastern Permits Section U.S. Arm5' Corps of Engineers 26 Federal Plaza, 19th Floor New York, NY 10278-0090 F-2001-0925 U.S. Army Corps of Engineers/New York District Permit Application #2001-01560-L2 E. Brownell Johnston and Karen Brekke Jotmston - construct a 3'x52' catwalk, 2.5'x12' ramp and 6'x20' float Richmond Creek Town of Southold, Suffolk Count5.' Letter of Permission Dear Mr. Helman: The Department of State received your December 11,2001 letter indicating the above proposed project may be authorized by Letter of Permission. Based upon the information submitted, the Department of State has no objection to the authorization of this proposed project by Letter of Permission. No further review is required by the Department of State. We appreciate your referring this information to the Department of State for review. Sincerely, Christine Nelson Coastal Resources Specialist Consisteucy Review Unit CN:pm NYS DEC/Region I - John Pavacic Applicant - E. Browaell Johnstou Town of Southold Trustees - Albert Krupski E. Brownell Johnston ATTORNEY AT LAW 1-(631)-734-5890 FAX 1-(631)-734-5891 email ebj-eati~nvbb.net 4001 WELLS ROAD PECONIC, NEW YORK l 1958-1738 December 11, 2001 Ms. Christine Nelson Coastal Resources Specialist Division of Coastal Management New York State Department of State 162 Washington Avenue Albany, N. Y. 12231 Dear Ms. Nelson: Subject: F-2001-0925: Proposed work by Mr. And Mrs. E. Brownell Johnston: Private dock construction on residential property/Richmond Creek, Peconic, New York In response to the ownership question raised in your November 26, 2001 letter, we do own the land necessary for a permit to construct a dock at our residential property. I have attached copies of Young and Young's survey and our deed. Please note that our property extends to MHW on Richmond Creek. I am sorry that the original diagram was unclear. I have attached a revised diagram which will hopefully clear up any confusion. In response to your second question regarding use of the proposed float, we asked for a 10' x 20' float so that we could place our kayak, canoe and/or sunfish on the float when not in use by our family. If you or your staff need anything further or have any additional questions, please feel free to call us at 631-734-5890. Thank you for your kind consideration of our Dock Permit Application. Copy to COE/New York District-Marc Helman NYS DEC Region 1-John Pavacic/Matthew Penski Town of Southold Trustees-Albert Krupski, Jr. / Attachments DEPARTMENT OF STATE George E. Pataki Governor Randy A. Daniels Secretary of State Division of Coastal Resources 41 State Street Albany, NY 12231-0001 E. Brownell Johnston 4001 Wells Road Peconic, NY 11958-1738 November 26, 2001 Re: F-2001-0925 U.S. Army Corps of Engineers/New York District Permit Application E. Brownell and Karen Brekke Johnston - construct 4'x52' catwalk, 2.5'x10' ramp and 10'x20' float Richmond Creek Town of Southold, Suffolk Count5., Request for Necessary Information and Data/Further Review Necessary Dear Mr. Johnston: The Department of State received your Federal Consistency Assessment Form and consistency certification and supporting information regarding the above matter on November 5, 2001. Pursuant to 15 CFR Part 930.58, the following data and information is necessatT to enable the Department of State to adequately assess the coastal zone effects of this proposed activity: Thc plans pro',ided to the Department of State indicate your client's property does not extend to mcan high water (MHW) on Richmond Creek. Please provide a copy of the deed and survey for the property that clearly shows xvhere the lot lines are in relation to MHW. This information is necessary in order to determine whether or not 3'our client has a right to construct a dock at this location. The Southold Trustees permit that you provided authorized a 3'x52' catwalk, a 2.5'xl2' ramp and 6'x20' float. Should the property deed indicate 3our clieut's lot does in tact extend to MHW, it would be appropriate to request a revisiou from the Southold Trustees Ibr the proposed 4'x52' cat~*alk, 2.5'xl0' ramp and 10'x20' float. You indicated in 3our application that there is uo wake action in the area of the proposed dock, please iudicate why a 10'x20' float is proposed instead of the 6'x20' flora. Pleabe provide the intbrmation requested above as soon as possible. If this necessary information and data is not provided x~ ithin thirty days of the date of this letter, the Department of State may close the file regarding this proposed actM~'. If the Department closes the file and does not concur with the consistency certification provided for this proposed activiD', the coasistency provisions of the federal Coastal Zone Management Act prohibit federal agency authorizatiou of the activity. 1-(631)-734-5890 FAX 1-(631)-734-5891 e-mail ebj-eati@nais.com E. Brownell Johnston ATTORNEY AT LAW 4001 WELLS ROAD RICHMOND CREEK FARM PECONIC, NEW YORK 11958 November 13, 2000 Board of Town Trustees Town of Southold Town Hall 53095 Main Road P. O. Box 1179 Southold, New York 11971 RE: Wetland Permit to Construct Dock 4001 Wells Road Peconic, New York 11958 Dear Trustees, in care of Ms. Charlotte J. Cunningham, Clerk, This is to formally thank all of you for your efforts in approving our Application for a Wetland Permit for the above. As requested, I am attaching our check for $720.00, based upon your calculation of the proposed dock square footage. As discussed, we are in the process of obtaining New York State and U. S. Army Corps of Engineers permit approval and will inform you of our success. We understand that you will refund a portion of the permit fee if the final New York State approval requires less square footage. Once again, we appreciate your assistance and site visits and we look forward to enjoying our new home in the Town of Southold. Best regard~ ) E. Bro~ell Attachments Albert J. Krupski, President James King, Vice-President Henry Smith Artie Foster Ken Poliwoda Town Hall 53095Route 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 September 22, 2000 Mr. & Mrs. E. Brownell Johnston PO Box 534 Pecontc, NY 11958-0534 RE: 4001 Wells Road Pecontc, NY 11958 SCTM#86-01-9.4 Dear Mr. & Mrs. Johnston: The following action was taken by the Board of Town Trustees during a Regular Meeting, held on September 20, 2000, regarding the above matter. WHEREAS, E. Brownell Johnston & Karen B. Johnston applied to the Southold Town Trustees for a permit under the provisions of the. Wetland Ordinance of the Town of Southold, application dated August 4, 2000, 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 September 20, 2000 at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standard set forth in Chapter 97-18 of the Southold Town Code, WHEREAS, will not affect the health, people of the town, NOW THEREFORE BE IT, the Board has determined that the project as proposed safety and general welfare of th~ /RESOLVED, that the Board of Trustees approved the application of E.BROWNELL JOHNSTON & KAREN B. JOHNSTON.for a Wetland Permit to construct a 3 X52' catwalk, a 2-1/2 x12 ramp, and a 6'x20' float, with the addition of float stops to keep the float from resting on the bottom. 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 project will expire two years from the date it is signed. Fees must be paid, if applicable, and permit issued witin six months of the date of this notification. 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 when project is started and on completion of said project. FEES: $720.00 Very tr'uly yours, Albert J. Krupski, Jr. President, Board of Trustees AJK/cjc cc: DEC ACE Dept. of State Albert J. Krupski, Presideng James King, Vice-President Henry Smith Artie Foster Ken Poliwoda Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: E. Brownell Johnston & Karen B. Johnston Please be advised that your application, dated ~g~t.~, 2000 has bean r~viewed by this Board, at the regular mee'cing of Keq~t~mb~ ~: 2~00 and the follc%~£ng action was taken: ( XX) Application Approved (see below) (___) Application Denied (see below) (__) Application Tabled (see below) If your application is approved as noted above, a permit fee is now due. Make check or money order payable to the Southold Town Trustees. The fee is computed below according to the schedul~ of rates as set forth in the instruction sheet. The following fee must be paid within 90 days or re-application fees will be necessary. COMPUTATION OF PERMIT FEES: Float 6'x20' 120 X $3.00 $360.00 Ramp .'.12'x2-1/2' 30 X $3.00 $90.00 Catwalk 3'x52' .(3'x30') 90 X $3.00 $270.00 TO~AL FEES DUE: $ 7~a aD SIGNED: BY: PRESIDENT, BOARD OF TRUSTEES 4/0; Board Of $outhold Town Trustees SOUTHOLD, NEW YORK PERMIT NO... ~'~ 17 DATE: ..~..e.p~.....2.O......~.O00 ISSUED TO ~..~..B..~`.~.~..~.~~B~'~H~$T~t Xuthorizalimt Pursuant to the provisions of Chapter 6lB of the Laws of the State of New York, 1893; and Chapter 404 of the ~ws .of the · State of New York 1952~ and the .$outhold To~n Ordinance en- titled · "RE~ULATINC= AND THE PLACIN~ OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, ~RAVEL. OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERSj[': end in accordance with the Resolution of The Board adopted at · meeting held on ..S~P.t..:.....~..°...t.~, .~.0.o.0, and in ¢onslderatlon of the sum of $..870.,.0~ ........ pald by of ....~r~.~..c..: ................................................................ N. Y. and subject to the Terms and Conditions listed on the reverse slde hereof, 'of Soufhold Town Trustees authorizes and permits the following: A Wetland Permit to construc~ 3'x52' catwalk, a 2-1/2'x12' ramp, and a 6'x20' float, with:;the addition Of float stops to Iieep the floatlfrom resting bn the bottom. all in accordance with the detailed specifications as pre~ented in the originating application. IN WITNESS WHEREOF, The sald Board of Trustees here- by causes ih Corporate. Se. al to affixed, and these present~ to be subs:rlbad .by '~.:malor,ty o~ t~h~e said ~,rd as of this dat,. TERMS and CONDITIONS The~Permltte~ ~E. Brownell Johnston & ~.~lnhnmtmn .................... mc, N.Y.~ ss pan. o~ flae conslderstioa ~o~ d;e is~m___ce oE ~e Penni~ does unde~sl~cl sad pa~zlbe to ~he Iol- low~.. 'L That the said Board o~ Tru.ff_~_, and the Town o~ ~uthoM are released Imm any and all.a,,-,ges, or ~,~,~ for d,-,-b'es, of suits trlsin~ dt~ctly ~ fndlrectiy ts a result of amy ope~- ~tioa ~;fom]ed pu~usnt to tbis ~ ~cI the said permfi'Cee will, ~ ILlS O~ her ow~. defend any and all such sui~'fnld,~ed bI ~ patties, and the said Pennittee s.ssmnes full with respect thereto, to die complete ex:dusion of the BoL,'d of Trustees o~ the Town o~ 2. That thb P--~;t b' valid ~ot · .period of mo~ wblch b eoaddezed to be the estimated time' requL,~d to complete the wo~ iavolved, b~t'~hould cltmmstances wsrrmt, tequest for an ex-x'enslon may be made to the Bo~d at · Ls~e~ crete. ~. That this Permit should be fetal-ed lndeftnleely, or as long as the said P~ktee wishe~ m' maintain the structure or project involved, to provide evldmce to anyone concerned that auth- ot~atlon was originally obtained. 4. That dxe wodc involved will be subject to the inspection and approval of the Board or l~ agents, and non-compliance with the ptovlslons of the ort~-,elng application, may be ~,,~ fo~ revocation of this Permit by zesolutlon of the said BoatcL ~. That there will be no unreasonable interference with navigation ts s remit of the wodt herein authorized. · : 6. Th~ there shall be no interference with the.~rlght of the pu~Hc to pass and teFa.~ tlof~' the beach between Mgh end low water marks. 7. That ii future operations of the Town of SouthoM require the removal and/or alterations . In the location of the wo~ herein tudeodzed, or if, in the olMnloa o~ the Botni of Tmstee~ the. work shah cause unreasonable obstmcuon to free navlgadon, the said P~mlteee will be tequhe~ upon due notice, to remove or alter this work or project hete~ stated wither ent~enses to the Tow~ of Southold. Board will be notified by the Permktee ot the c°mi21efloa 0~ the work auth. 8. That the said orlzed. 9- That the Permktee will obtain aH other permits and co~se~ts ~:~0~ be rec~Ited ~ plementsl to this permit which may be subject to revoke upon fsllut~ to ~ RICHldOND CREEK' ~/. ,id ,er, ',> RICHMOND CREEK 2.0 < · '"t ~' '" ' , \ \ SEP I 2 2000 SEP i 2 Southold Town Planning Board!~ Main Road Southold NY 11971 512 Ashland Ave. Baldwin NY 11510 August 22, 2000 Gentlemen: Enclosed are two photographs showing the location of the dock on Richmond Creek proposed by E. Bronell Johnston, 4001 Wells Road, Peconic NY. As you can see, it projects approximately 77 feet into the creek, and places the floating dock in the deepest part of the narrow channel that provides access to the northern remainder of the creek. At low tide the proposed dock will significantly restrict access to the remainder of the creek and probably make it unusable for small sailboats that would have to now try to maneuver around it into the shallow portion of the creek. The proposed plans dated July 31, 2000 do not show the proposed dock in the same location shown by a flag and marker buoy currently positioned in the creek. It is not clear which plan is the one being submitted, but in either case the 77 foot floating dock, ramp, and catwalk is not at all in keeping with our local environment. This portion of the creek has become a mecca for nature lovers who come up the creek to view the abundance of wild life here, and it would seem a shame to deprive them of this opportunity. Additionally, the beautiful view of nature that we now enjoy from our property (located at 1625 Indian Neck Lane) would be changed into a view ofcriss-crossing docks. We respectfully, but strongly, recommend that the proposed plan for this dock be disapproved. Sincerely, Margaret and Andrew Hallden 2'Decking3 Fir 6"x6" CCA Piling '~" butt Penetration Min i0' Bents Q oc CCA MHW SECTION , 0 I ). ..Z Scale in feet Lot 2 WE'll. ANDS AS DETERMINED BY YOUNG & YOUNG " '~IE LINE ALONG APPROX~MASE H.W.M. 'E S34-'55'51 g " ~ Lot 1 ..,." I " ) 4' x 250' RAISED CATWALK -A PF PROPOSED FLOAT, MOORING ' FILES ,. RAMP' AND CATWAL~ 'in RICHMOND CREEK ~..FECONIC, NY .... .c~.~· · Johnston 400~ Wells 'Road peeomic, NY 11958-0534 Scale~ Date Sheet~' Of . . RICHM.OND.. ·CREEK· C,4~It o ~, LANDWARD UMIT OF ~IDAL ' ' , WETt:ANOS AS DETER'IJINE~D ~"~ BY YOUNG ;,~YOUNG ~ ..% ,,rUN-- 7 ~ WELLS 00.~ ~.09~ 534'55'51'E N3¢'55'31"W S54'55'51'E 55.35" Lot 2 LANDWARD LII~IT OF TIDAL WETLANDS AS DETERMINED ~'~..~'~ BY YOUNG & YOUNG ( TIE LINE APPROXI Lot 1 ,,'152.7' 4' x 250' RAISED CATWALK RICHMONDCREEK O5' ~ OSEO 4' x 15' -~ HINGED RAMP PROPOSED 6' x 20' FLOATING DOCK Young & Young, Land Surveyors 400 Ostrander Avenue, Riverhead, New York I1901 516-727-2303 Alden W. Young, P.E. & L.S. (1908-1994) Howard ~. Y~g. Lan~ S~ey~ Thom~ C. ~o[p~t, ~ofes~nal Engineer John ScA~u~, La~ Su~eyor NOTE q AREA = 2.8926 ACRES · SUSOIVISION MAP FiLEO IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY ON MAY 18, 1999 AS MAP NO. 10282 · X-20 = SOUNDINGS SHOWN HEREON ARE IN INCHES AND WERE TAKEN BY SUFFOLK ENVIRONMENTAL CONSULTING, INC. ON AUGUST 23, Iggg ~ 3:50 PM. CERTIFICATION · WE HERESY CERTIFY TO E. SROWNE;LL JOHNSTON JR. , KAREN BREKKE JOHNSTON & FIRST AMI~'RICAN TITLE; INSURANCE; COMPANY OF NEW YORK THAT THIS SURVEY WAS PREPARED IN ACCORDANCE W1TH THE CODE OF PRACTICE FOR LAND SURVEYS ADOPTED BY THE NEW YORK STATE ASSOCIATION PROFESSIONAL LAND SURVEYORS. JOHN SCHNURR. N.Y', . SURVEY FOR ~ £. BROI EII Jt. & K EN B}t[KK[ NSlffi LOT 1 "RICHMOND CREEK FARMS, SECTION 2" At Peconic, Town of Southold Suffolk County, New York County Tox Mop District 1000 s~¢t~o. 86 Block O1 Lot 9.4 BOUNDARY SURVEY INDICATED SOUNDINGS ADDED PROPOSED CATWALK FOUNDATION LOCATION ADD FLOG0 ZONE LIMIT ADO CERTIFICATION ADD PROPOSED POOL PROPOSED LOCATION OF' HOUSE MAP PREPARED JULY 21, 2000 MAR. 23, 2000 MAR. 14, 2000 DEC. 17, 1999 AUG. 26, 1999 AUG. 24, 1999 AUG. 19, 1999 MAY 27, 1999 SCALE 1" = 100' JOB NO. 99-0333 OWG. NO. ggo333boundory_survey Telephone (516) 765-18q~. Town Hall. 53095 Main Road P.O. Box 1179 SouthoM. New Yolk 1197l SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL At the meeting of the Southold Town Conservation Advisory Council held Tuesday, August 15, 2000, the following recommendation was made~ Moved by Bob Ghosio, seconded by Scott Hilary, it was RESOLVED to recommend to the Southold Town Board of Trustees DISAPPRO~'AL of the Wetland Permit Application orE. BROWNELL JOHNSTON & KAREN B. JOHNSTON 86-1- 9.4 to construct a 4'X 68' catwalk, a 2 V2'X 12' ramp and a 6'X 20' float. 4001 Wells Rd., Peconic The CAC recommends Disapproval because there is no need shown for the proposed use and recommends an onshore/offshore stake. The CAC also recommends that a wetland violation be issued for cutting the wetland vegetation. _Vote of Council: Ayes: All Motion Carried P. O. Box 534 Peconic, New York 11958-0534 August 1, 2000 Board of Town Trustees Town of Southold P. O. Box 1179 Southold, New York 11971 Re: Wetland/Trustee Lands Application: Property Tax Map # 1000-86-01-9.4 Dear Trustees: We are attaching an application requesting your permission and approval to construct a private dock at our residence at 4001 Wells Road, Peconic, New York, Town of Southold. Please note that our initial application (filed in August 1999 which you approved on October 21, 1999) to build our residence included the intention to obtain a permit for a 'private docking facility'. The dock portion of the application was postponed to accelerate the permit approval process and enable us to begin construction of our new residence. We are now requesting your approval for a private dock. Although the attached drawings were prepared by an engineer with extensive dock design and building experience, we are willing to consider any appropriate modifications that you or your staff might suggest. We would appreciate the opportunity to discuss our application with one of your field agents prior presentation to the full Board of Trustees and may be contacted at 1-631- 447-9092. Thank you for your kind consideration. Attachments