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Home My WebLink AboutTR-6172 Michael J.Domino,President �QF so�jy Town Hall Annex John M. Bredemeyer III,Vice-President ,`O� �� 54375 Route 25 P.O.Box 1179 Glenn Goldsmith Southold,New York 11971 A.Nicholas Krupski G Q Telephone (631) 765-1892 Greg Williamsa0 Fax(631) 765-6641 cDUNT`l,Nc� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD July 17, 2019 Rosaria Forchelli 5 Danton Lane South Lattingtown, NY 11560 RE: 1635 MEADOW BEACH LANE, MATTITUCK SCTM# 1000-116-7-8 Dear Mrs. Forchelli: The following action was taken at the Southold Town Board of Trustees regular meeting held on Wednesday, July 17, 2019: RESOLVED, that the Southold Town Board of Trustees APPROVE the request for a Transfer of,Wetland Permit#6172 from James Eckert, as issued on July 20, 2005 and Amended on March 21, 2007; and BE IT FURTHER RESOLVED, that the Southold Town Board of Trustees APPROVE the Administrative Amendment to Wetland Permit#6172 for the existing 4'x63' fixed walkway; and as indicated on the site plan prepared by Proper-T-Permit Services received on July 12, 2019 and stamped approved on July 17, 2019. Any other activity within 100' of the wetland boundary requires a permit from this office. This is not a determination from any other agency. If you have any questions, please contact our office at (631) 765-1892. Sincerely, Michael J. Domino, President Board of Trustees MJD/dd ROSARIA FORCHELLI 5 Danton Lane South Lattingtown,New York 11560 July 12, 2019 BY HAND ' tE--� Southold Town Board of Trustees I JUL 12 2019 P.O. Box 1179 Southold,New York 11971 Sauthoid Tovrn B o Trustees Att: Diane Re: 1635 Meadow Beach Lane, Mattituck,New York 11952 Dear Diane: I write this letter in connection with my request to transfer Trustee Permit No. 6172 to me as the current owner of the above premises. Kindly accept this letter as a request to amend the permit to show that the walkway is 4' x 63' as shown on the enclosed plan. Yours truly, ROSARIA FORCHELLI Enclosure ROSARIA FORCHELLI 5 Danton Lane South Lattingtown,New York 11560 ® ECC VE May 31, 2019 JUN 5 2019 Southold Town Southold Town Board of Trustees P.O. Box 1179 Southold,New York 11971 Att: Diane Re: 1635 Meadow Beach Lane,Mattituck, New York 11952 Dear Diane: I write this letter to request a transfer of Trustee Permit No. 6172 to me as the current owner of the above premises. Enclosed please find my check in the sum of$50.00 made payable to the Town of Southold. By this letter, I am also granting the Town Trustees permission to go onto my property to inspect the catwalk/dock. An inspection will show that the steps at the end of the catwalk have been damaged and, upon approval of the transfer of the permit, I intend to have the steps repaired. If there is anything further which you require, kindly notify my husband, Jeffrey D. Forchelli, who can be reached at 516-812-6200. Yours truly, ROSARIA FORCHELLI t, F - 'APPROVED BY ' 40ARD OF -i RUSTEES [] 10. N OF SOUTHOLD } JAL 12 2019 DATE ;ruq 1-7 2olq Southold Town _ �,,,t, ,i� �• Board of Trustees FIXED WALKWAY 4'X 63' `PLUS STEPS TO GRADE / AT EACH END STEPS TO GRADE STEPS TO GRADE AHW ALW DECKING 1.5'ABOVE GRADE f' ABOVE AHW,THEN 1.5'±ABOVE AHW TO SEAWARD END AHW WATER DEPTHS AT ALW s. altemiflora ALW MATERIALS TO BE USED SCALE: 1" 10' DECKING WILL BE'THRUFLOW"GRATING PANELS OR SOME SIMILAR MATERIAL DE- SIGNED TO PERMIT SUNLIGHT TO PASS THROUGH TO VEGETATION BENEATH IT. CORPS OF ENGINEERS DATA SECTION VIEW ALL DIMENSIONAL LUMBER,TIMBER,AND Application regarding the property of PILES WILL BE MATERIALS APPROVED FOR PURPOSE:Construct fixed open walkway with James Eckert,SCTM#1000-116-7-8 THEIR USES BY CONCERNED REGULATORY steps to grade for private recreational purposes. Represented b AGENCIES.ALL HARDWARE WILL BE GAL- VANIZED STEEL. PROPER-T PERMIT SERVICES DATUM:IvtLW P.O.Box 617,Cutchogue,NY 11935 IN:Hall's Creek AT: Mattituck James E.Fitzgerald,Jr. 631-734-5800 COUNTY:Suffolk STATE:New York Revised December 9.2006 Michael J. Domino, Preside O�QS�FFf7('�04& Town Hall Annex John M. Bredemeyer III,Vice-Prq. iuunt �� y� 54375 Route 25 Glenn Goldsmith y P.O.Box 1179 A.Nicholas Krupski Southold,NY 11971 Greg Williams '� �ap� Telephone(631)765-1892 Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Date/Time: 7�11� 4:36 Completed in field by: ROSARIA FORCHELLI requests a Transfer of Wetland Pemit #6172 from James Eckert, as issued on July 20, 2005 and Amended on March 21, 2007. Located: 1635 Meadow Beach Lane, Mattituck. SCTM#: 1000-116-7-8 CH. 275-3 - SETBACKS WETLAND BOUNDARY: Actual Footage or OK=4 Setback Waiver Required 1. Residence: 100 feet 2. Driveway: 50 feet 3. Sanitary Leaching Pool (cesspool): 100 feet 4. Septic Tank: 75 feet 5. Swimming Pool and related structures: 50 feet 6. Landscaping or gardening: 50 feet 7. Placement of C&D material: 100 feet TOP OF BLUFF: 1. Residence: 100 feet 2. Driveway: 100 feet 3. Sanitary leaching pool (cesspool) 100 feet: 4. Swimming pool and related structures: 100 feet Public Notice of Hearing Card Posted: Y / N Ch. 275 %_// Ch. 111 SEQRA Type: 1 11 Unlisted Action Type of Application: Pre-Submission Administrative Amendment ✓ Wetland Coastal Erosion Emergency Violation Non-Jurisdiction Survey <_ 5 years: Y/N Wetland Line by: C.E.H.A. Line Additional information/suggested modifications/conditions/need for outside review/consultant/application completeness/comments/standards: 34z1/o 7 sow 4 `X-e joc . I have read & acknowledged the foregoing Trustees comments: Agent/Owner: Present were: J. Bredemeyer /M. Domino k/1"G. Goldsmith N. Krupski G. Williams Other Tn �ouse �e,/f�,�/ 7/0. 19 . . James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. 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 CERTIFICATE OF COMPLIANCE # 0215C Date: July 23.2007 THIS CERTIFIES that the construction of a fixed walkway with steps to grade At 1635 Meadow Beach Lane. Mattituck. New York Suffolk County Tax Map # 116-7-8 Conforms to the application for a Trustees Permit heretofore filed in this office Dated 05/31/05 pursuant to which Trustees Permit # 6172 Dated 07120/05. Was issued, and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is beiug issued is for the construction of a fixed walkway with steps to grade. The certificate is issued to James Eckert owner of the aforesaid property. r~~ Authorized Signature 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 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 1 st day of construction Y, constructed ""-;'",;eOI oemplele, oempU,"," l"pOOloo. 11 ~'7lo1 0 ~ ~ James F. King, President Jill M. Doherty, Vice. President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. 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 March 21,2007 Mr. James E. Fitzgerald, Jr. Proper-T Permit Services P.O. Box 617 Cutchogue, NY 11935 RE: JAMES ECKERT 1635 MEADOW BEACH LANE, MATTITUCK SCTM# 116-7-8 Dear Mr. Fitzgerald: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, March 21,2007: RESOLVED, that the Southold Town Board of Trustees APPROVE the Amendment to Permit #6172 to reduce the height of the walkway to 18" above grade and use grating material for the decking, and as depicted on the survey prepared by Proper- T Permit Services, last revised December 8, 2006. Any other activity within 100' of the wetland boundary requires a permit from this office This is not a determination from any other agency. If you have any questions, please call our office at (631) 765-1892. Sincerely, J'!:::;"~ ~ President, Board of Trustees JFK:eac APPROVED BY BOARD OF r: TOWN OF 50<; ;";OU; c, TE 3J?V D 7 ..~ ~?~~ STEPS TO GRADE " i!f;f.-YffW7r: L "FIXED WAU0NAY 4' X 63' / PLUS STEPS TO GRADE AT EACH END ( STEPS, TO GRADE ;, II!' AHW ALW ---------- --- DECKING 1.5' ABOVE GRADE ABOVE AHW, THEN 1.5';, ABOVE AHW TO SEAWARD END AHW " t 0.'" O,q'I,I' WATER DEPTHS AT ALW t t s, altemiflora ALW :3'1: 63' 8't MATERIALS TO BE USED DECKING WILL BE "THRUFLOW GRATING PANELS OR SOME SIMILAR MATERIAL DE- SIGNED TO PERMIT SUNLIGHT TO PASS THROUGH TO VEGETATION BENEATH IT. ALL DIMENSIONAL LUMBER, TIMBER, AND PILES WILL BE MATERIALS APPROVED FOR THEIR USES BY CONCERNED REGULATORY AGENCIES. ALL HARDWARE WILL BE GAL- VANIZED STEEL. SCALE: 1" = 10' CORPS OF ENGINEERS DATA SECTION VIEW Application regardiog the property of James Eckert, SCTM #1000-116-7-8 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 Revised December S, 2006 I PURPOSE: Construct fixed open walkway with steps to grade for private recreational purposes. IN: Hall's Creek COUNTY: Suffolk DATUM:MLW AT: Mattituck STATE: New York Proper- T Permit Services P.O. Box 617, Cutchogue NY 11935 Fax: 631-734-7463 Phone: 631-734-5800 MEMORANDUM DATE: March 12,2007 TO: Jim King - Trustees FROM: Jim Fitzgerald SUBJECT: Permit No. 6172; James Eckert, SCTM #1000-116-7-8 I have suggested to Mr. Eckert that the notification I provided to you by copy of my 1/17/07 letter to Charles Hamilton ofNYSDEC should be adequate to allow for the "administrative approval" of this second agency-generated amendment to the project, since the change makes the structure less intrusive and since you personally were on site with Mr. Hamilton when the details of the required change were established. If this is not correct, please let me know. ~ ~ M~R ~ 5i :7 E ~ Southhold Town Board 01 Trustees Proper- T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 January 3, 2007 Charles Hamilton, Natural Resources Supervisor Office of Natural Resources NYS Department of Environmental Conservation SUNY Campus, Building 40 Stony Brook, New York 11790-2356 JAN 1 0 2007 Re: 1-4738-02203/00004: James Eckert. SCTM #1000-116-7-8 Dear Mr. Hamilton: Mr. Eckert reported that you visited the site with Jim King of the Southold Trustees on November 30th and that you suggested that the walkway should be reduced in height to 18" above grade and that the decking should be a grating material that would permit the passage of suulight. Those changes have been made and four copies of a Section View (Revised December 8, 2006) are enclosed. Note that if the decking height was 18" above grade throughout its entire length, the seaward end of the structure and the steps to grade would be under water for perhaps half of the day, so I have shown the decking to be ] .5'oi above AHW at the seaward end of the structure. If you have any questions or comments, please call me. tEll Michael Vissichelli, CoE a subsidiary of THE PECONIC EASTERN CORPORATION STATE OF NEW YORK DEPARTMENT OF STATE 41 STATE STREET ALBANY. NY 12231-0001 ELIOT SPITZER GOVERNOR January 11,2007 Mr. James E. Fitzgerald, Jr. Proper- T Permit Services Post Office Box 617 Cutchogue,NY 11935-0617 JAN 3 0 2007 Re: F-2005-0938 u.s. Army Corps of Engineers/Ncw York District Permit Application - James Eckert - Install walkway w steps Mud (Hall) Creek, Town of Southold, Suffolk County General Concurrence - Modification To Previouslt Reviewed Activitv Dear Mr. Fitzgerald: The Department of State received your proposed modification of the above-referenced activity on January 11,2007. The Department previously rcviewed the original proposal and concurred with a consistency certification for it, or otherwise indicated it had no objection to authorization of the proposed activity. The proposed modification is depicted on the reviscd drawing, dated Dccember 8, 2006, done subsequent to a field visit by Mr. Jim King and Mr. Charles Hamilton. The Department of State has detcrmined that this moditlcation of thc activity previously reviewed by this Dcpartment would not result in coastal zone effects that would be substantially different than those originally reviewed by the Department, and that the modi tied proposal meets the Department's gcneral consistency concurrence criteria. Therefore, further Department of State review of this modification to the previously rcviewcd activity, and the Department's concurrence with an individual consistency ccrtification for the proposed activity, are not requircd. This General Concurrence is without prejudice to and docs not obviate the need to obtain all other applicable licenses, permits, or other forms of authorization or approval that may be required pursuant to existing State statutes. WWW.DOS.STATE.NY.US . E-MAIL: INFO@DOS.STATE.NY.US When communicating with us regarding this matter, you may contact William Feldhusen at (518) 473-2470 (E-mail wfeldhuslaldos.state.nv.us) and refer to our file #F-2005-0938. Sincerely, "J~ \ ~"1lr^' ~f~appferi Supervisor of Consistency Review Division of Coastal Resources JZ/wf COE/NY District - Michael Vissichelli NYS DEC/Region I - John Pavacic Town of Southold - Mark Terry Town of Southold Trustees - Albert Krupski . Albert J. Krupski, President James King, Vice-President Artie Foster Ken Peliwoda 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 ½ constructed ~/Project complete, compliance inspection. Board Of $outhold Town Trustees SOUTHOLD, NEW YORK JAMES ECKERT ISSUED TO ........................................... : ...................................................................................... Pursuant to the provisions of Chapter 61!~ of IJne I.~ws of the Ste~e of New York, 1893; and Chapter 404 of the ,L~, ws of the State of New York 19!~2: and the Southold ToWn Ordinance titled .'REGULATING AND THE PLACING Of: OBSTRUC.~I~..NS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL. O,R, OTHER MATERIALS~F~OM LANDS UNDER TOWN WATERS:~., and in accordance wif~ 'the Resolution of The Board adopted afa meeting held on ..J~.~..;.~.: .... .2~..., and in consideration of the sum of $_..~5.Q.,.(~Q .... paid by James Ecker t of ............... ~e~.~.~.~.1~ .............. ........... N. Y. and subject to the Terms and Conditions listed on the reversed~le hereof, of Southold Town Trustees aulhorlzes and permits the following: Wetland Permit to construct a 4'X~43' fixed walkway with steps to grade, and as depicted on the plan prepared by Proper-T Services dated May 23, 2005 and hydrographic map prepared by Sea LeYel Mapping last revised August 5, 2005. ali in accordance with the detaiJ~d~$pecifications as presented in · the orlg;naf;ncj appficefion. IN WITNESS WHEREOF, The sdd Board Of Trustees here- ~ causes ifs Corporate Seal to be afl?ed, and I'hese ~,esents to subscn'bed by :~ 'majority of the sa~d Board .as of this daf~, TERMS ,,nd GONDIllONS ~~ James Ecker t 1635 Meadow Beach Lane, M. att±tuck or ~ ~~.~ ~T~ ~. . Albert J. KrupskJ, 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 July 20, 2005 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. James E. Fitzgerald, Jr. Proper-T Permit Services P.O. Box 617 Cutohogue, NY 11935 RE: JAMES ECKERT 1635 MEADOW BEACH LANE, MATTITUCK ~ SCTM#116-7-8 Dear Mr. Fitzgerald: The Board of Town Trustees took the following action during its regular meeting held on Wed., July 20, 2005 regarding the above matter: WHEREAS, Proper-T Permit Services on behalf of JAMES ECKERT applied to the Southold Town Trustees for a permit under the provisions of Chapter 97 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated May 31, 2005 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 July 20, 2005, 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 standards set forth in Chapter 97 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approve the application of JAMES ECKERT to construct a 4'X 43' fixed walkway with steps to grade, and as depicted on the plan prepared by Proper-T Permit Services dated May 23, 2005 and hydrographic map prepared by Sea Level Mapping last revised August 5, 2005. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees:S350.00 Albert J. Krupski, Jr., President Board of Trustees AJK/Ims 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 TO: ,]Om0S ~(~Ol~ Please be advised that your application dated reviewed by this Board at the regular meeting of r~ following action was taken: has been and the (/) 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: TOTAL FEES DUE: 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 Tues., June 14, 2005, the following recommendation was made: Moved by Don Wilder, seconded by Jack McGreevy, it was RESOVLED to recommend to the Southold Town Board of Trustees DISAPPROVAL of the Wetland Permit application of JAMES ECKERT to construct a fixed open walkway 4'X 100', hinged ramp 4'X 12'; and floating dock 6'X 20', and install two 2-pile dolphins to secure floating dock. Located: 1635 Meadow Beach Lane, Mattituck. SCTM#116-7-8 The CAC recommends Disapproval of the application because the project was not staked. Vote of Council: Ayes: All Motion Carried PHOTO A: Looking NE. The pink-flagged stakes mark the landward end of the proposed fixed walk- way. (5/2/05 at 1030 hfs) .PHOTO B: Looking SSE from a poim on the cen- tefline of the proposed fixed walkway. (5/2/05 al 1035 hrs) PROJECT SITE PHOTOS Application regarding the property of James Eckert, SCTM #1000-116-7-8 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Ct~tchogue, NY 11935 James E. Fitzgerald, Jr. 631-734~5800 May 23, 2005 L THE SITE OF THE PROPOSED PROJECT IS SHADED CORPS OF ENGINEERS DATA PURPOSE: Construct fixed open walkway, hinged ramp, and fioating dock for private recreational purposes. DATUM: MLW IN: Hall's Creek AT: Mattimck COUNTY: Suffolk STATE: New York TAX MAP Application regarding the property of James Eckert, SCTM #1000-116-7-8 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 May 23, 2005 TUCI 52 / THE AREA OF THE PROPOSED PROJECT IS CIRCLED CORPS OF ENGINEERS DATA PURPOSE: Construct fixed open walkway, hinged ramp, and floating dock for private recreational purposes. DATUM: MLW IN: Hall's Creek AT: Mattituck COUNTY: Suffolk STATE: New York VICINITY MAP Application regarding the proper~y of James Eckert, SCTM #1000-116-7-8 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 Mag 23, 2005 ? Proper-T Permit Services Phon, ~: ~31-734-5800 P.O. Box 617, Cutchogue NY 11935 Fax: 631-734~7463 MEMORANDUM DATE: 9/26/05 TO: Lauren - Trustees FROM: Jim Fitzgerald SUBJECT: James Eckert, SCTM #1000-116-7-8 L~~'i SEP 2 7 As you requested, here is a hydrographic map showing the location of the dock. Proper-T P,hone: 631-734-5800 Permit Services P.O. Box 617, Cutchogue NY 11935 Fax: 631-734-7463 MEMORANDUM TO: FROM: SUBJECT: DATE: September 12, 2005 Lauren - Trustees' Office Jim Fitzgerald James Eckert, SCTM #1000-116-7-8 Here are three copies of the cross-section view that the Trustees requested. Proper- T Permit Se. rvi, ces Phone: 63%734-5800 P.O. Box 617, Cutchogue NY 11935 Fax: 631-734-7463 MEMORANDUM DATE: November 4, 2005 TO: Lauren - Trustees FROM: Jim Fitzgerald SUBJECT: James Eckert, SCTM #1000-116-7-8 Here's his check for $350, the balance due on the permit to be issued. To: Town of Southold Board of Trustees From: Mark Terry, Senior Environmental Planner LWRP Coordinator Date: June 24, 2005 Re~ Proposed Permit to Construct a Dock for James Eckert SCTM#1000-116-7-8 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 on June 1, 2005, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. It is recommended that the board deny the application as proposed. Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, mares efficient use of infrastructure, mares beneficial use of a coastal location, and minimizes adverse effects of development. This proposal is to construct a fixed open walkway 4 x 100' with a hinged ramp 4' x12' and a floating dock 6' x 20' and install 2 spiles to secure the floating dock in Mud or Hall Creek in New Suffolk. The action is located within REACH 8 in the Agricultural Conservation zoning district. The proposed action will remain private and will not support a pattem of development that enhances commtmity character nor preserves "public" open space. Additionally, the proposed action does not make beneficial use of a coastal location in the interest of public safety nor has the applicant proposed sufficient mitigative design and construction best management practices that will minimize the adverse effects of the action on the environment, scenic view shed or community to the greatest extent possible. Policy 2. Protect and preserve historic and archaeological resources of the Town of Sottthold, There is no opportunity to meet this policy Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. The response prepare by the applicant indicates that the dock will be "low profile and will be inconspicuous in the proposed location". However, no cross section of the proposed action has been submitted. Additionally, the project would be visible from New Suffolk Avenue in an area that demonstrates, in my opinion, high scenic quality. Policy Standard 3.1 Enhance visual quality and protect scenic resources throughout the Town of SouthoM including: Minimize the introduction of structural design components (including utility lines, lighting, signage and fencing) which would be discordant with existing natural scenic components and character, B. Screen components of development which detract from visual quality, Using appropriate siting, scales, forms, and materials to ensure that structures are compatible with and add interest to existing scenic components. Preserve existing vegetation and establish new indigenous vegetation to enhance scenic quality, and Protect visual quality associated with agricultural land, open space mad natural resources. Policy 4. Minimize loss of human life, structures, and natural resources from flooding and erosion. No loss of human life is expected as a result of the action. If approved the structure will be designed and constructed to tolerate flooding and minimize erosion. Policy 5. Protect and improve water quality and supply in the Town of $outhold. The materials used to construct the dock are unknown and should be identified. I recommend the elimination of the use of CeA-treated materials in marine waters. Wood pressure-treated with a chromated copper arsenate (CCA) is the most commonly used material for pilings for small docks. There has been extensive study of the toxicity of these compounds in the marine environment that suggests that the degree of toxicity depends on the chemical form as it reaches the target organism. The forms will change over time and in response to sediment types, amounts of organic material present, oxygen levels and water movement (Luoma and Carter, 1991). Laboratory studies by Weis et al. (1991, 1992') have shown that leachate from CCA -treated wood can be toxic to estuarine species. Leaching decreases by about 50% daily once the wood is immersed in seawater. Approximately 99% of the leaching occurs within the first 90 days (Cooper, 1990, Brooks 1990; in Sanger and Holland, 2002). If CCA is permitted, please implement the following Best Management Practices recommended by National Oceanic and Atmospheric Administration's (NOAA) to minimize leaching into the water: Where CCA-treated materials are to be used, soaking it in saline waters for 90 days prior to installation will allow leachin~ to occur in a controlled setting ,or Place a sleeve over the piling to prevent leaching. In addition to potential water quality impacts, the shallow depth of the Hall's Creek, prevents power boat traffic from reaching the upper estuary. The use of the dock must be identified. The installation of the proposed dock may promote power boat traffic and the possible following negative impacts may occur as a result of the shallow depth and narrowness of Hall's Creek: Impacts to submerged aquatic vegetation, Contamination from fuel discharges (if power vessels are proposed) Erosion on shorelines, and Re-suspension of bottom sediments and turbidity To further the above policy and to reduce turbidity in the event that the proposed action is approved, the following Best Management Practice is strongly recommended: The encirclement of the entire project area with a floating turbidity screen to remain in place 7 days post construction of the dock. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and ~Vildlife Habitats and wetlands. The proposed action is located within a DEC Critical Environmental Area. The proposed construction practices of the dock have not been identified. It is recommended that the apl~licant identify the proposed construction practices. Activities during dock construction can destroy vegetation either above or below the tide line by pulling them from the substrate or destroying their root system. The peat beds tmderlying salt marshes can also be compacted through the improper use of heavy equipment. In sea grass beds, the installation of pilings may have immediate impacts as well as cause long- term changes. Installation through "jetting" with high-pressure hoses typically disturbs a surrounding area-- depopulating grasses there prior to construction. Once areas are depopulated, the presence of pilings may lessen chances of regrowth. Beal, Schmit, and Williams (1999) suggest that changes in seagrass communities in the vicinity of pilings may be caused by the modification of currents, sediment deposition, attraction of bioturbators, and leaching from chemically treated wood. Both marsh grasses and sea grasses have adapted to living in extended periods of sunlight. Their photosynthetic pathways vary from many terrestrial plants allowing them to be highly productive in their natural settings. Shading can have significant impacts on the health and productivity of these plants. It is recommended that the Board minimize shading from dock structures to the greatest extent possible. Based upon the above the action is inconsistent with the following policy standards. Policy Standards 6.1 Protect and restore ecological quality throughout the Town of Southold. The proposed action does not propose a restoration plan of areas that may be impacted (if any) during construction. 6.2 Protect and restore tidal and freshwater wetlands. The proposed action will result in a net loss of tidal wetlands. 6.3 Protect vulnerable fish, wildlife, and plant species, and rare ecological communities. The proposed action is located within a NYSDEC Critical Environmental Area. N_.qo design or construction mitigation or best management practices have been proposed to minimize adverse impacts to the m'eatest extent possible. Policy 7. Protect and improve air quality in the Town of Southold. No significant impact to air quality will occur as a result of the proposed action. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See Policy 5 response above. Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. The proposed action will remain private and will not support a pattern of development that enhances community character nor preserves "public" open space. Policy 10. Protect $outhoid's water-dependent uses and promote siting of new water- dependent uses in suitable locations. The proposed action is for the construction of a private dock located within a DEC listed Critical Environmental Area. The 2001 aerial photos indicate that the current number of dock density in Hall's Creek is very low (4). The shallow depth of the creek coupled with the extremely shallow depth of the creek inlet limits the use of the creek by motorized vessels. The creek does and will support manual powered personal recreational vessels, such as kayaks, rowboats etc. with shallow drafts. The physical attributes and limitations of Hall's Creek will not support or promote the concentration of maritime activities. Further, the proposed action will not protect or enhance the physical, cultural and environmental attributes of Hall's Creek. Based upon such, the proposed action does not meet the following policy standards. 10.3 Allow for continuation and development of water-dependent uses within the existing concentration of maritlme activity in harbors, inlets and creeks. Ensure that public actions enable these harbors, inlets and creeks to continue to function as concentrations of water-dependent uses. Protect and enhance the economic, physical, cultural, and environmental attributes which make up the character of these harbors, inlets and creeks. 10.4 Minimize adverse impacts of new and expanding water-dependent uses and provide for their safe operation. A. Limit the potential for adverse impacts associated with development of a new water- dependent use by promoting the location of new development at appropriate sites. Appropriate sites include: sites which have been previously developed, sites which require minimal physical alteration to accommodate development, sites that already possess public infrastructure or locational characteristics that would support a water-dependent use. B. Avoid development o£new water-dependent uses at sites that are located outside of the traditional concentrations of water-dependent uses or at sites that exhibit important natural resource values or where the pro#osed use will cause si~ni£tcant adverse affects on community character, surroundinl~ land and water uses, or scenic aualitv. Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. The action is proposed within Hall's Creek, a listed NYSDEC Critical Environmental Area which entitles the area to a heivahtened level of protection. The proposed action will not support the following policy standards. A. Ensure that commercial and recreational uses of living marine resources in the Town of Southold are managed in a manner that: places primary importance on maintaining the long-term health and abundance of marine fisheries, 4. 5. 6. results in sustained useable abundance and diversity of the marine resource, does not interfere with population and habitat maintenance and restoration efforts, uses best available scientific information in managing the resources minimizes waste and reduces discard mortality of marine fishery resources, restricts commercial and recreational activities, including the use of certain gear types, gear sizes and practices that have negative impacts on marine habitats. Protect and manage native' stocks and restore sustainable populations of indigenous fish and wildlife species and other marine living resources. The protection of native stocks includes protecting the genetic integrity of recognizable native populations that can be placed at risk by inappropriate stocking. Native stocks also need to be protected from adverse impacts due to introduction of non-indigenous species. Foster the occurrence and abundance of the Town's marine resources through: 1. protection of spawning grounds, habitats, and water quality, 2. enhancement and restoration of fish and shellfish habitat, 3. the prevention of over-fishing. 11.2 Provide for commercial and recreational use of the Town of Southold's finfish, shellfish, crustaceans, and marine plants. Maximize the benefits of marine resource use so as to provide: 1. a valuable recreational resource experience, 2. viable business opportunities for commercial and recreational fisheries. C. Protect the public health and the marketability of marine and fishery resources by: 1. maintaining and improving water quality of fishery and marketable marine resources to protect public health. Policy 12. Protect agricultural lands in the Town of Southold. This policy does not apply to this action. Policy 13. Promote appropriate use and development of energy and mineral resources. This policy does not apply to this action. It is recommended that the Board of Trustees deny the permit application due to 1. The proposed action is inconsistent with the Local Waterfront Revitalization Program's above policies as indicated. 2. The proposed scale of the dock is excessive and inconsistent with existing docks to the south of the parcel. 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 Office Use Only __Coastal Erosion Permit Application ~.-'~Wetland Permit Application -~Tvlaj or Waiver/Amendment/Chants ~Kece-~vved Application: ..~ --d~eceived Fee:$ o~-L) ~__~_'Complet ed Application __Incomplete __SEQRA Classification: Type I Type H Unlisted __Coordination:(date sent) _ ~AC Referral Sent: % ] ~ ~ate of Inspection: (0 I ~Receipt of CAC Report: __Lead Agency Determiuation: Technical Review: ~l~ublic Hearing Held: ~{ Resolution: Minor MAY 3 1 2005 SoathoJd Towa Board of Trustees Nanae of Applicant Address James Eckert 1635 Meadow Beach Lane, Mattituck, PhoneNumb~:( ) 631-298-8194 Suffolk County Tax Map Number: 1000 - 11 6- 7- 8 Property Location: 1635 Meadow Beach Lane, Mattituck NY 11952 (provide LILCO Pole #, distance to cross streets, and location) AGENT: (If applicable) Address: James E. Fitzgerald, PO Box 617 Cutchogue, NY 11935 Jr. Phone: 734-5800 ~oard of Trustees Application Land Area (in square feet): Area Zoning: Previous use of property: Intended use 6f property: GENERA~L DATA 52,012 A-C Private dwelling Private dwell%ng with dock Prior permits/approvals for site improvements: Agency Date Town Trustees NYSDEC 3/24/99 (house) 3/30/99 (house) __ No prior permits/apprOvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency7 X No Yes If yes, provide explanation: PROJECT DESCRIPTION: Construct fixed open walkway 4' x 100', hinged ramp 4' x 12', and floating dock 6' x 20'; install two 2-pile dolphins to secure floating dock. of Trustees Applica~on WETLAND/TRUSTEE IAkl~DS APPLICATION DATA Purpose oftheproposedoperations: Dock boat and provide access to water Area of wetlands on lot: 17.570 square feet Percent coverage of lot: 33.8 % Closest distance between nearest existing structure and upland edge of wetlands: 79 feet Closest distance between nearest proposed structure and upland edge of wetlands: - 0~ feet Does the project involve excavation or filling? X No Yes If yes, how much material will be excavated? How much material will be filled? Depth of which material will be removed or deposited: Proposed slope throughout the area of operations: - O- Manner in which material will be removed or deposited: cubic yards cubic yards feet St~ement oftheeffe~,ifany, on~e w~landsandtidalw~softhetownthatmay m~kby reasonofsuchproposed op~ations Csea~achmemsif~propfi~e): It is expected that the project will have no significant effect on the wetlands and tidal waters of the Town. 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by A~plicant or Project Sponsor) 1. APPLICANT/SPONSOR [2, PROJECT NAME James F. Fitzgerald, Jr. / Pmpc~-T Permit $c~vJccs ! £ckc~ dock 3. PROJECT LOCATION: Municipality ~/[attJtuck County Sit'elk 4. PRECISE LOCATION (Street address and road intersections, prominent landrnarks, etc., or provide map) 1635 Meadow Beach Lane Mattituck, NY 11952 (See attached maps.) 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Construct fixed open walkway 4' x 100', hinged ramp 4' x 12', and floating dock 6' x 20'; install two 2-pile dolphins to secure floating dock. 7. AMOUNT OF LAND AFFECTED: Initially N/A acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes ~[~ No if No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial Describe: Medium- to large-size private waterfront residences. r~Agriculture [] Park/Forest/Open Space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] No If Yes, list agency(s) name and permit/approvals: Southold Trustees, NYSDOS, USACoE 11. DOES ANY ASPECT Of THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [~ Yes [] No If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? r-]Yes []No I CERTIFY THAT T~;IE~NF~TION PROV~DjF. p ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applican~sponsor ~. J~Ttes ,~ .,~'~ ,~ ,~/~ Date: 5/27/05 S ignatu re: '~]~ **-~ ~J'~"~ ¢' ! If th _~.,~'ction is in the ~o~Vstal Area, anv ' -- ' d you are a state agency, complete the I Coastal Assessment Form before proceeding with this assessment OVER 1 O I d PART il - IMPACT ASSESSMENT (To be comp eted by Lea Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, pART 617.4? If yes, coordinate the review process and use the FULL EAF. r~Yes ~]No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS iN 6 NYCRR, PART 617.67 If No, a negative declaration may be superseded by another involved agency. ~]Yes [~No C. COULD ACTION RESULT IN ANY A[~VERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) Cl. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological~ historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildtife species, sign/f/cent habitats, or threatened or endangered species? Explain briefly: community's existing p~ans or goals as officially edopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. Long term, short term, cumulative, or other effects not idenflf'~d in C1 -C57 Explain briefly: C7. Other impacts (including changes in use of either quantity or type of energy)? Explain bdefly; D. WiLL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes [] No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, la~e, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of ocourdng; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that ail relevant adverse impacts have been identified and adequately addressed. If question D of Part Il was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental charecteristica of the CEA. EAF and/or prepare a positive declaration. [] Checkthis box if you have determined, based on the information and analysis above and any supporting documentaflon, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination 5/27/05 Name of Lead Agency Date Print or Type Nan~ of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) STATEMENT TO THE SOUTHOLD BOARD OF TOWN TRUSTEES County of Suffolk ) State of New York ) I, James Eckert, being duly sworn, depose and affirm that I am the owner of the property located at 1635 Meadow Beach Lane, Mattituck, New York 11952, and identified by Suffolk County Tax Map No. 1000-116~7-8, and that all work will be done in the manner set forth in the present application and as may be approved by the Southold Board of Town Trustees. I agree to hold the Town of Southold and the Town Trustees harmless and free from any and all damages and claims arising under or by virtue of said permit(s), if granted. I hereby authorize the Town Trustees or their agent(s) or representative(s) to enter upon my property to inspect the premises in conjunction with the review of the present application. Sworn to before me this ...~...~day of ......~./.~..~. .......... 200~....~- 'Notary Public SUSAN J. NAGY Notary Public State of New York No. 4896735 Quaflfied in Suffolk County Commission Expires May 20~_~/ 1635 Meadow Beach Lane Mattituck, New York 11952 President Southold Board of Town Trustees Post Office Box 1179 Southold, New York 11971 Dear Sir: Please be advised that I hereby designate and authorize James E. Fitzgerald, Jr. of Proper-T Permit Services to act in my behalf as my agent in the submission and processing of a permit application for the construction of a dock on my property located at the above address and designated by Suffolk County Tax Map No. 1000116-7-8, and to furnish, upon request, sup- plemental information in support of the application. Sincerely, APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on thc part of Town officers and employees. The purpose of this form is to provide in_formation, which can alert the Town of possible conflicts of inter ~'st and allow it to take whatever action is necessarv to avoid same. YOURNAME: James Eckert (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance Change of Zone Approval of Plat Exemption from Plat or Official Map Other If"Otl~er", name the activity: Wetlands permit - Trustees Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has oven a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO / If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate 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 Submittedthi~ ~/ 7__ ~h%yo.f;~¥tC(4 /..oo~~ PrintNar~j 5ames ~.¢kert AFFIDAVIT OF POST1NG TO THE SOUTHOLD BOARD OF TOWN TRUSTEES 1N THE MATTER OF THE APPLICATION OF: James Eckert STATE OF NEW YORK COUNTY OF SUFFOLK I, James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue, NY 11935, being duly sworn, depose and say that on the 14th day of June, 2005, I personally posted the property known as 1635 Meadow Beach Lane, Mattimck, 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 2d~,y~ 0P0fi5O, rattOorthaeboudar; 7;f00th;~lu. blic hearing, which date~ ~esday, June Sworn to [~efore me this ~,~_.~ day of-\.'46q',~ ,2005. Notary Publ~_~ BONNIEJ. DOROSKI Notary Public, State Of New No. 01D06095328, Suffolk. C~unfll' Term Expires July 7, AFFIDAVIT OF MAILING TO THE SOUTHOLD BOARD OF TOWN TRUSTEES IN THE MATTER OF THE APPLICATION OF: James Eckert STATE OF NEW YORK COUNTY OF SUFFOLK James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue, NY 11935, being duly sworn, deposes and says that on the 14t~ day of June, 2005, deponent mailed a tree copy of the Notice set forth in the Board of Trustees Application, directed to each of the named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown in the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Cutchogue, NY 11935, that said Notices were mailed to each of said persons by Certified Mail/Return Receipt Re- quested. ~ J~es E. Fitzgerald, Sworn to before me this day of ~6~ ,200~-. BONNIEJ. DORO~KI Notary Public, State Of New Yot~ No. 01D06095328, Suffo~,_ Term Expires July 7, 20..~,~ TO: Date: June 13, 2005 Adjacem Property Owners (Names and addresses are listed on the attached sheet.) BOARD OF TRUSTEES, TOWN OF SOUTHOLD NOTICE TO ADJACENT PROPERTY OWNER In the matter of: James Eckert; SCTM #1000-116-7-8 YOU ARE HEREBY GIVEN NOTICE THAT: 1. An application is being submitted to the Board of Trustees for a permit to: Construct fixed open walkway 4' x I00', hinged ramp 4' x 12', and floating dock 6' x 20'; install two 2-pile dolphins to secure floating dock. The project described above is proposed on property adjacent to yours. The street ad- dress of that property is as follows: 1635 Meadow Beach Lane, Mattituck, NY 11952 I The project, which is subject to Environmental Review under Chapters 32, 37, 95 or 97 of the Town Code, is open to public comment. A public hearing will be held at Town Hall, 53095 Main Road, Southold, New York 11971 at or about 7:00 PM on Wednesday, June 22, 2005. You may contact the Trustees Office at 631-765-1892 or in writing if you wish to comment The project described above will be reviewed by the Board of Trustees of the Town of Southold. The project may require independent review and approval by other agencies of the Town, State, or Federal governments. PROPERTY OWNER'S NAME: MAILING ADDRESS: James Eckert 1635 Meadow Beach Lane Mattimck, NY 11952 PHONE NO.: 298-8194 A copy of a sketch or plan showing the proposed project is enclosed for your convenience. June 10, 2005 JAMES ECKERT: ADJACENT PROPERTY OWNERS NOTICE NOT SENT (PROPERTY OWNER) 1000-116-7-8 James and Linda Eckert 1635 Meadow Beach Lane Matfituck, New York 11952 NOTICE SENT 1000-116-7-7 Joseph and Ellen Sullivan 100 Hilton Avenue, Unit 302 Garden City, New York 11530 1000-116-4-14 Joseph Lee and Julie Amper 1645 Meadow Beach Lane Mattituck, New York 11952 1000-116-4-31 James and Denise Martin 145 East 81st Street New York, New York 10028 1000-115-17-17.18 John Strode and Wendy Krammer Post Office Box 511 Mattituck, New York 11952 Mud Creek or Proper-T Permit Services .. POST OFF/CE BOX 617, CUTCHOOUE, NEW YORK 11935-0617 (631) 734-5800 May 26, 2005 Presidem Board of Town Trustees Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Re: Avvlication for Permit on Behalf of James Eckert; SCTM #1000-116-7-8 Dear Sir: Attached are documents which have been prepared in support of the application for a permit to construct a dock on the property of James Eckert in the Town of Southold. Proper-T Permit Services represents Mr. Eckert in this matter, and a letter of authorization is part of this submission. If there are any questions, or if additional information is needed, please call me. Enclosures: Application Fee ($250) Letter of Authorization Notarized Statement of Applicant Transactional Disclosure Form Survey of Property Application Form (3 copies) Short EAF (3 copies) Vicinity Map (3 copies) Tax Map (3 copies) Hydrographic Survey/Project Plan (3 copies) Project Site Photos a subsidiary of THE PECONIC EASTERN CORPORATION proper-T Permit Services Phbne: 631-734-5800 P.O. Box 617, Cutchogue NY 11935 Fax: 631-734-7463 MEMORANDUM DATE: June 14, 2005 TO: Town Trustees FROM: Jim Fitzgerald SUBJECT: LWRP Consistency Assessment Forms: James Eckert Harold Baer Susan Souder Gaii Rerisi Victor Rerisi They are attached. Town of Scmthold· A. ~'INSTRUCTIONS 1. LWRP CONSISTENCY ASSESSMENT FORM All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actior~ including, Building Permit~ and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions m Seclaof~, ~e preparer of this form should review the exempt minor acfio.n list, ,91icies and explanations of ~ach polic~ c~onta/ned in the Town of Southold Local Waterfront l~eV~ation Program. A propos~ action vail be evaluated as to its sigaificant beneficial and adverse effects upon the coastal area (wi'rich includes all of Southold Town). Thus, the action should be analyzed in more detail .and, if necessary, modified prior to making a deferminafion that it is consistent to the max/mum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions~ it shall not be undertaken. ~A c61~y of thC LWRP is available in the following places: online at the Town ofSouthold's website (southoldtown.norttffork.net), the Board of Trustees Office, the Planning Department, all local Libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# ~ .1 ~ 7 8 The Application has been submitted to (check appropriate response): TownBoard ~] Planning Dept. [~ BuildingDept [] .Board ofTrustees [] Category of Town of Southold agency action (check appropriate response): (a) Action undeWakendirecfly by Town agency (e.g. capital construction, planning ~tivity, agency regulation, land transaction) Co) Financial assistance (e.g. gran( loan, subsidy) (c) Permit, approval, licmse, certification: Nature and extent of action: PROJECT DESCRIPTION: Construct fixed open walkway 4' x 100', hinged ramp 4' x 12', and floating dock 6' x 20'; install two 2-pile dolphins to secure floating dock. " , .' , -"',,' . ,,' ",..,'" , Matauck " (' .. _5 Location of action: Meadow Beach Lane, Site acreage: 1. 1 94 . ,-. Present land use: Single family dwelling Present zoning classification: A - C 2. Iran application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: James Eckert (b) Mailing address: 1635 Meadow Beach Lane, Mattituck (c) Telephone number: Area Code ( ) 298-~194 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes GJ NoD If yes, which state or federal agency? NYSDEC, NYSDOS, USAC oE DEVELOPED COAST POLICY Palicy 1. Faster a pattern .of develapment in the Tawn .of South .old that enhances cammunity character, preserves .open space, makes efficient use .of infrastructure, makes'beneficial use .of a caastallacation, and minimizes adverse effects .of develapment See L WRP Sectian III - Palicies; Page 2 far evaluatian criteria. DYes 'gJ, Na D NatApplicable Attach additional sheets if necessary Policy 2. Pratect and preserve histaric and archaealagical resaurces .of the Tawn .of Sauthald. See L WRP Sectian ill - Palicies Pages 3 thraugh 6 far evaluatian criteria D Yes ~ Na D NatApplicable Aim.ch additional sheets if necessary Policy 3. ,Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP,Se~tion HI - 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 ifnecessax3' 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 Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section IH - Policies; Pages 22 through 32 for evaluation criteria. ~-] Yes [-~o ~-] Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP See~o.n III -~-Polieies Pages 32 througli 34 for evaluation criteria. .v. 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 HI - Policies; Pages 38 through 46 for evaluation criteria. ~. Yes ~' No ~ Not Applicable Attach additional sheets ff necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new waterzdependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. ~ Yes [] No V~ Not Applicable Attach additi6~al sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peeonic 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 Created on 5/25/05 11.'20 AM Town Of Southold LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS All applicants for penn/ts* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Secttoll C, ~e pr~arer of this form should review the exempt minor action list, policies and explanations of each polic7 cpntained in the Town of Southold Local Waterfront Remtalization Program. A proposed actmn vail be evaluated as to ~ts s~gmficant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answ~ed "yes", then the proposed action may affect the achievement of the LWRP policy standhrds and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions~ it shall not be undertaken. A cdPy 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 ].// }:,?- ' ,,. ,i , ,- Application has been submitted to (check appropriate response): ! L~--~Tw~, ,___ ~_~ The Town Board ~ Planning Dept. [ ] Building Dept. I [ Board of Trus efe~-L_-.-.-.-.-.-.-.-.~~ 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. grantl loan, subsidy) (c) Permit, approval, license, ccu'tification: Nature and extent of action: PROJECT DESCRIPTION: Construct fixed open walkway 4' x 100', hinged ramp 4' x 12', and floating dock 6' x 20'; install two 2-pile dolphins to secure floating dock. r"~\:~I'"'''''' .." "t'~~r".,. ~, ',,""J -. '.' tr,..:'. '"Location of action: '. 635 Meadow Beach Lane, Ma~ituck Site acreage: 1. 1 94 Present land use: Single family dwelling Present zoning classification: A - C 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: James Eckert (b) Mailing address: 1635 Meadow Beach Lane, Mattituck (c) Telephone number: Area Code ( ) 298-8194 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes GJ NoD If yes, which state or federal agency? NYSDEC, NYSDOS, USAC oE DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of South old 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 L WRP Section 111- Policies; Page 2 for evaluation criteria. DYes 0 No 0 Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of South old. See L WRP Section ill - Policies Pages 3 through 6 for evaluation criteria DYes 0 No 0 Not Applicable APPLICANT: JAMES ECKERT SCTM #: 1000-116-7-8 LWRP CONSISTENCY ASSESSMENT FORM Policy 1 [] YES Foster a pattern of development in the Town of Southold that enhances com- munity character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. [] NO [] NOT APPLICABLE The construction of a small private-use dock is consistent with the character of the waterfront community, and because of the relatively small area of the proposed dock it is felt that there is no adverse impact on the desired preservation of open space. Infrastructure use is not a factor since the project is accessory to and ac- cessed from private property. The project is certainly a beneficial use of the coastal location, and the incremental increase in development in the area is insignificant. Policy 2 Preserve historic resources of the Town of Southold. [] NO [] NOT APPLICABLE There is no cvidenee to indicate that thc immediate area of thc project includes his- toric features, and it is to be expected that the mainly intertidal nature of the project area is unlikely to have been to site of activities of past civilizations. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold. [] NO [] NOT APPLICABLE The structure proposed is low profile and will be inconspicuous in the proposed location. It is compatible with other existing shoreline structures in the area, and will not adversely affect the dynamic landscape elements (tidal fluctuations, sea- sonal vegetation changes) which might contribute to ephemeral visual qualities. Policy 4 [] YES Minimize loss of life, structures, and natural resources from flooding and ero- sion. [] NO [] NOT APPLICABLE It is intuitively obvious that the likelihood of the structure proposed contributing to increased hazards which could result in the losses listed is minimal. Natural protec- tive features will not be adversely affected Polity 5 l~ YES Protect and improve water quality and supply in the Town of Southold. [] NO [] NOT APPLICABLE The proposed project will not include a pump-out station nor will liquid or solid wastes be discharged into the water or wetlands. Disturbance of the creek bed dur- ing construction and thereafter during active use of the structure will be minimal. Policy 6 [] YES Protect and restore the quality and function of the Town of Southold's ecosys- tem. [] NO [] NOT APPLICABLE Although the shading resulting from the project structure may adversely affect the wetland vegetation immediately under it, efforts will be made in the construction to space the deck planking to permit some sunlight through. During construction, the indigenous plants will be protected insofar as possible. The project is not 1oo cated in a Significant Coastal Fish and Wildlife Habitat. All statutory and regula- tory requirements, at all levels of government, will be strictly complied with. No dredging, excavating, or filling is proposed. Policy 7 ~YES Protect and improve air quality in the Town of Southold. [] NO [] NOT APPLICABLE The construction or use of the project as proposed will not result in significant mounts of new air pollution. The siting of the dock is such as to limit the usable size of the boat, and thus its engine. Policy 8 [] YES Minimize environmental degradation in the Town off Southold from solid waste and hazardous substances and wastes. [] NO [] NOT APPLICABLE The project as proposed will not result in the generation of any additional solid waste. The handling and storage of petroleum products will be accomplished through the use of approved containers and facilities, and approved methods of handling and storage will be followed. Policy 9 [] YES Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. [] NO [] NOT APPLICABLE This policy is not applicable to the proposed project. Policy 10 [] YES Protect Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. [] NO ~ NOT APPLICABLE This policy is not applicable to the proposed project. Policy 11 [] YES Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. [] NO [] NOT APPLICABLE This policy is not applicable to the proposed project. Policy 12 [] YES Protect agricultural lands in the Town of Southold. [] NO ~NOT APPLICABLE This policy is not applicable to the proposed project.