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Home My WebLink AboutTR-6047 . . 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 January 24, 2007 Catherine Mesiano Catherine Mesiano, Inc. 12 Mill Pond Lane E. Moriches, NY 11940 RE: HERIBERT ORTH 640 WILLIS CREEK RD., MATTITUCK SCTM# 115-17-17.12 Dear Ms. Mesiano: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, January 24, 2007: RESOLVED, that the Southold Town Board of Trustees APPROVE the Amendment to Permit # 6047 to add an 18' x 36' in-ground swimming pool and increase the limit of clearing, grading and ground disturbance, and to Transfer Permit #6047 from Heribert Orth to Kurt Freudenberg, as contract vendee, and all as depicted on the plans prepared by Robert Fox amended 1/8/07. This is not a determination from any other agency. If you have any questions, please call our office at (631) 765-1892. Sincerely, r071r James F. King President, Board of Trustees JFK/hkc . . 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., November 8, 2006, the following recommendation was made: Moved by Don Wilder, seconded by Peter Young, it was RESOLVED to SUPPORT the application of HERIBERT ORTH to Amend Permit #6047 to revise the design of the previously approved dock to a 4'X 42' low-profile (fiberglass grid) dock with fixed 6'X 12' north-facing "L" at the seaward end on 6" piles with 1 0' penetration and one 6" pile off the south end of dock. Located: 640 Willis Creek Rd., Mattituck. SCTM#115-17-17.12 Inspected by: Don Wilder Vote of Council: Ayes: All Motion Carried . . Telephone (631) 765-1892 Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 CONSERVATION ADVISORY COUNCIL TOWN OF SOUTH OLD At the meeting of the Southold Town Conservation Advisory Council held Wed., December 6, 2006, the following recommendation was made: Moved by Don Wilder, seconded by Jack McGreevy, it was RESOLVED to SUPPORT the application of HERIBERT ORTH to Amend Permit #6047 to add an 18'X 36' in-ground swimming pool and increase the limit of clearing, grading and ground disturbance. Located: 640 Willis Creek Rd., Mattituck. SCTM#115-17-17.12 Inspected by: Don Wilder, Jack McGreevy The CAC Supports the application with the Condition a 25' non-turf buffer is maintained. Vote of Council: Ayes: Don Wilder, Jack McGreevy, Peter Young, Jacob Smith Motion Carried Peter Young-Recused . . 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 Southold Town Board of Trustees Field Inspection/Work session Report Date/Time: r -I 5>O( Catherine Mesiano, Inc. on behalf of HERIBERT ORTH requests an Amendment to Permit #6047 to add an 18'X 36' in-ground swimming pool and increase the limit of clearing, grading and ground disturbance, and to Transfer Permit #6047 from Heribert Orth to Kurt Freudenberg, as contract vendee. Located: 640 Willis Creek Rd., Mattituck. SCTM#115-17-17.12 TYlte of area to be impacted: VSaltwater Wetland Freshwater Wetland _Sound Front _Bay Front Distance of proposed work to edge of above: ~fTown Code proposed work falls under: _Chapt.275 _Chapt. Ill_other Type of Application: ~W etland _Coastal Erosion ~endment _Administrative _Emergency Info needed: 'S-1+'J ...f1 '" ' VVI()v{, l-v. \.0 I ~ 11 rL~4:t(\, to aJ fnu..J f'e>DM- .flt9. ~f\.S-J.ru(,iill" Modifications: Condiuons: Present Were: dKing _~oherty _P.Dickerson ~ Bergen_ 'E. Ghosio, Jr H. Cusack D. Dzenkowski other - - Mailed/Faxed to: Date: Environmental Technician Review . James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen . 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 Southold Town Board of Trustees Field InspectionIW orksession Report Date/Time: (( -(0-06 4-(l"-- Name of Applicant: --Ug(~j (') f +h. Name of Agent: ( ~ ;(.0'-'10 Property Location: SCTM# & Street ( t 5 -ll- ! 1, (rl--- Brief Description of proposed action: rAIN .t1^~ _ Dnt' k !YpsPf area to be impacted: \Yfiltwater Wetland _Freshwater Wetland _Sound Front _Ba1 Front Distance of proposed work to edge of above: .Pa~Town Code proposed work falls under: \,LChapt.97 _Chapt. 37 _other Type of Application: ~tland _Coastal Erosion _Amendment _Administrative _Emergency Info needed: ,,". L Modifications: 1'< ~ ~, l.. ; ro - '" '-c.. ,)" ; :' f.~~~~'J'-~/.l' jC'>~~ r: ('~j fC .....-t- I- a..f t!'~f .., s:=' /,,~ rl-.~..I Conditions: Present were:JK.ing ~oherty vP.Dickerson.[Lb. Bergen~ Other: MailedlFaxed to: Date: Comments of Environmental Technician: .... ~'C- \. <"" ~ y' ~.",- (~ 1;.i<90 " -,~ .I,_~ '''\ i~ /0 19%.01' '4''''' o " .0 c , cr o ~ ..l) UIO"-.li ;1103l\'~5"'S \\, '\ .<.1' ... l?' a: ._-\.... . . ~ \.' ~ I : :: ~-l.;l .' ~i '. ::;:;~.. ...//i [9.:, \: : ~~; "\'.', ....... I '. \. '. : " \. 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Plan View Proposed: Low Profile Dock Purpose: Private Mooring SCT#10lJ0..115-17-17.12 Town: Southold Suffolk County, NY Tide Range: 2.5'+{- Datum: Low Water ~ :::J ".,.. 1" = 50' ,~ ,~_':lt~ \ , , " , , , , , , , . : . , , , , '. , , , , , , : , , , ,. ~ i ~, ;: :: .'::' ","J;. '"' .i, ,:",j;t ,,, :1",;: "'-'P ;~ ;~! ,~ ~' :? }) ,:~; I! ^ .\ a I '1--, OC\ I .~, ;,.. '"' D~~ ~ u ~ ~~"~. ",0+ +-0 -eiCee~J .,' II ~ w \-dth O~ ~JU .., /:/~" . 0QGk. . 1/ !'; ~) p. "'.~-./ r :. f ~ " pll~ , , , : :"J'.'.':'.;): t , , , , , .-,.., , s~ :.c:- : ~, .P; .-~ ,: ."R) : , . ...m: "")..~ 0' - , l :0,/ . , , ;'. ""3 ---............ ' :, !i .' y.. , '. c, c, (1.... :' 00cI(] " ",~ "'.'" ~'i;';' i , : " . , , , , , , , , " , , "It ".... "It"'" " " '-. '-. <::\'-' -,- ~) ,.., ~. 'f"i'"! . ~" ~~ ,;" Section 1"= 20' Proposed low profile Dock (4' x 4:l:) with ~'x 12' (1...) ueck Imin. 2.5' abv. gr,) 5GT"IOOO-II~n-11.11 .Jan'l86 4 Marina Mitchell 410 Hillis Greek DrIve Mottltuck. NY 11'152 \ J)~ \. .... \'\\~ t~p.. \ t~ l\D~ ; . -Q. '.01\ \\~~ , ~ It lBt: N 46-59-19 Long: W 072-30-22 J * , N!~l-\ T -J - ,-";- ! ~, i '.? ~ ill'll 6' I ., i . I Cl\ ~tl; \ \i\ <I , \ \~ I \('->'" _!. '. , : 5GT"IOOO-115-n-n.l2 640 \1'1I1115 Gr....k DrIve MattltVc.kNY 11'152 ) / Proposed 4' x 42:' . Low Profile Dock Fiberglass Grid with ", x 12' (L) deck \mln, 2.5' abV. gr.) I :,/in~. 5GT"IOOO-II~I1-I1.13 Land of, Nonc.y L. Foote 1'10 \1'1I11'" Greek DrIve Mattltuck. NY IIq52 all decking to be reinforced flberg'''''' grid 2" opEOnlTlg5 .-~_. HH _N, LH .....-.-..-..---___.___._._.._______..__._n___ ---....-' exist. bttm. All materIal from approved list 1()1;l.~/IJ? . .. --'- ---'--'- - ..... -.- ~ j ~. 1 \fl(;l (;J:t I ".~ Key Map N.T5. 1-" i ".>i.!~IOlk. I:::--:::rl:::':r_ ._ ~~. 1- \.\\ ._~~- ':'1 ~~ 'II (C~,'1J _//~'j-,/ -."..j 1 '^) ..S:. y'/. ~p.~." c.! il. \~-'I \ {'be, .. 'I'... to, \U ~;\ II /' '0' ri .;, "- --I ()i~.n" ,/ I \.,t,,..; ~. \ \\\ !'i (;,.re CATHERINE MESIANO, II' umd Use COII"ulta"t & Permit Expedil T 6' pi '.$0 '8'0.c. Hetland E\ocJrldary R Fox Aug '04 CATHERINE MESIANO, PRESIDENT 12 Mill Pond Lane . East Moriches, New York cmesiano@opton/ine.net 631.878.8951 1-,1;IJ,';)OC6 8,1c,,4E~AM C. \~,LM$JrHK.>.x.1<-(}bCl',,~<, +0 p05ro..p h;c. 4~CI. by SE:.I\Level N\.o..pp I' 't1 ~ o~ . . . . Or$.., . KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND . PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair MAltiNG ADDRESS: P.O. Box 1179 Southold, NY 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631765-1938 Fax: 631 765.3136 To: James King, President Town of South old Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator \1. , \,jr",li 1,-\7 .J !.",), Date: January 23, 2007 5;\)\sE..-D Re: Proposed Wetland Permit for HERIBERT ORTH House SCTM#1000-90-4-21 HERIBERT ORTH requests an Amendment to Permit #6047 to add an 18'X 36' in-ground swimming pool and increase the limit of clearing, grading and ground disturbance, and to Transfer Permit #6047 from Heribert Orth to Kurt Freudenberg, as contract vendee. Located: 640 Willis Creek Rd., Mattituck. SCTM#115-17-17.12 The ro osed distance from the 001 to the wetland boundar is 81 feet. a minimum setback distance of 50 feet is reauired Dursuant to Chanter S 275-3. Findinl!s: Durnose: iurisdiction: setbacks The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of South old Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the L WRP 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 denoted following Policy Standards and therefore is CONSISTENT with the L WRP provided the following best management practice is required. Policy 5 Protect and improve water quality and supply in the Town of Southold. To further Policv 5. reauire a drvwell in the event the pool is drained. Pursuant to Chapter 268, the Board shall consider this reconnnendation in prepanng its written determination regarding the consistency ofthe proposed action. -~ - -- ~ BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD APPLICATION FOR AN AMENDMENT TO A PERMIT rli/) DATE November 18. 2006 OWNER Heribert Orth PHONE 011 49651 2090250 ADDRESS Parkstrasse 12-0-55. Trier. W. Germany AGENT Catherine Mesiano. Inc. PHONE 631-878-8951 ADDRESS 12 Mill Pond Lane. East Moriches. NY 11940 PROPERTY LOCATION 640 Willis Creek Road. Mattituck TAX MAP NO. 1000-115-17-17.12 I1We request an Amendment to Permit # 6047 aranted on December 20. 2004: Amendment and 1-year extension aranted 11/15/06. Reauest amendment to add 18' x 36' inaround pool and increase "limit of clearina. aradina & around disturbance" as shown on attached plan. Also. transfer permit to contract vendee. Kurt Freudenbera. Signed By: ~ ~,..~,. fL. ea herine Meslano, Pres. Catherine Mesiano, Inc. 12 Mill Pond Lane East Moriches, NY 11940 PHONE/FAX: 631-878-8951 a-mail: cmesiano@optonline.net '510(, (i I ~ l# I,". C~d1 ~~\\\rp. . 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 BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of _____~Il.i~---~-r=~------------------------- COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I,(J.,,-T,...~fr2~~..... ,residing at /oJ..YL;, jJm.J L ~ fil."u..Jr. 1lJ:.- being duly sworn, depose and say: That on the /, day' oj) ~ , 200t, I persona~os~roperty known as ~4<J jy~~..:... ~n; PRo ~ -I~J,_ 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 (j lrl, )[)(J(.'" riCD& r () 1\ Q/1 (i()0111 ,,; 30 fill Dated: \ d \ \ S I a.o:::::W L Sworn to before me this \ S day of I d- 2001.0 ~~ tary PublIc - Heribert Orth 640 Willis Creek Road, Mattituck . . Town of South old L WRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS I. All applicants for permits' including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law, This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. · Except minor exempt actions including Building Permit and other ministerial permits not located within the Coastal Erosion Hazard Area . DECJj5i~6 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the L WRP policy standards 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 L WRP policy standards and conditions. If an action cannot be certified as consistent with the L WRP policy standards and conditions, it shall not be undertaken. A copy of the L WRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 115 17 17.12 The Application has been submitted to (check appropriate response): Town Board Planning Dept. Building Dept. X Board of Trustees 1. 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: Permit #6047 aranted on December 20, 2004: Amendment and 1-vear extension aranted 11/15106. Reauest amendment to add 18' x 36' inaround pool and increase "limit of clearina, aradina & around disturbance" as shown on attached plan. All proposed activity >75' from wetland Also, transfer permit to contract vendee, Kurt Freudenberq. Heribert Orth 640 Willis Creek Road, Mattituck .. . Location of action: 640 WILLIS CREEK ROAD. MATTITUCK Site acreage: 1 Acre Present land use: SINGLE FAMILY DWELLING Present zoning classification: R-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: HERIBERT ORTH (b) Mailing address: PARKSTRASSE 12-D-55. TRIER. W. GERMANY (c) Telephone number: 011 49651 2090250 (d) Application number, if any: PERMIT # 6047 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? NYSDEC. NYSDOS. USACOE 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 L WRP Section III - Policies; Page 2 for evaluation criteria. Yes No Not Applicable Construction of a pool at this site is proposed in a manner consistent with the current standards and is consistent with the "pattern of development in the town". 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 The proposed proiect is not located near anv historic sites or districts Policy 3. Enhance visual quality and protect scenic resources throughout the Town of South old. See L WRP Section III - Policies Pages 6 through 7 for evaluation criteria Yes No Not Applicable Development of this site is proposed in a manner consistent with the neiahborhood in which it is located. All proposed activitv desianed in accordance with current standards. Heribert Orth 640 Willis Creek Road, Mattituck . . NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See L WRP Section III - Policies Pages 8 through 16 for evaluation criteria Yes No Not Applicable Development of the site will be done in accordance with FEMA standards. NYSDEC reaulations and Chapter 97 of the Town Code. Policy S. Protect and improve water quality and supply in the Town of South old. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria Yes No Not Applicable Development of the site will be done in accordance with FEMA standards. NYSDEC reaulations. Chapter 97 of the Town Code and Article 5 and Article 7 of the Suffolk Countv Sanitarv Code. 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 WRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes No Not Applicable Development of the site will be done in accordance with NYSDEC reaulations and Chapter 97 of the Town Code. Policy 7. Protect and improve air quality in the Town of South old. See L WRP Section III - Policies Pages 32 through 34 for evaluation criteria. Yes No Not Applicable It does not appear that Policv 7 is relevant to development of this site. Policy 8. Minimize environmental degradation in Town of South old from solid waste and hazardous substances and wastes. See L WRP Section III - Policies; Pages 34 through 38 for evaluation criteria. Yes No Not Applicable As in a/l other residential development. it is expected that the occupant will complv with the expected treatment of residential solid waste. vard waste and recvclable material Heribert Orth 640 Willis Creek Road, Mattituck . . 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 L WRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes No Not Applicable Development of this site has no impact on public access to. and recreational use of. coastal waters. etc. WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See L WRP Section III - Policies; Pages 47 through 56 for evaluation criteria. Yes No Not Applicable It does not appear that Policv 10 is relevant to proposed development of a residential lot. Policy 11. Promote sustainable use ofliving marine resources in Long Island Sound, the Peconic Estuary and Town waters. See L WRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Yes No Not Applicable It does not appear that Policv 11 is relevant to proposed development of a residential lot Policy 12. Protect agricultural lands in the Town of Southold. See L WRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes No Not Applicable It does not appear that Policv 12 is relevant to proposed development of a residential lot 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 It does not appear that Policv 13 is relevant to proposed development of a residential lot Created on 5/25/05 11 :20 AM . . MAlUNG ADDRESS: P.O. Box 1179 Southold, NY 11971 KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: James King, President Town of Southold Board of Trustees , , ~o ~ "- ,u '- ,..o! r"C> \':/ 'J Li From: Mark Terry, Senior Environmental Planner L WRP Coordinator .. _.^-'''~..~~_.. ~~- . '.~ NOV 1 5 2006 Date: November 15,2006 Re: Request for Wetland Permit for HERIBERT ORTH SCTM# 115-17-17.12 THE ACTION IS LOCATED IN A NYSDEC CRITICAL ENVIRONMENTAL AREA. Catherine Mesiano, Inc. on behalf of HERIBERT ORTH requests an Amendment to Permit #6047 to revise the design of the previously approved dock to a 4'X 42' low-profile (fiberglass grid) dock with fixed 6'X 12' north-facing "L" at the seaward end on 6" piles with 10' penetration and one 6" pile off the south end of dock, and a One-Year Extension to Permit #6047, as issued on December 20, 2004. Located: 640 Willis Creek Rd., Mattituck. SCTM#115-17-17.12 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 (L WRP) Policy Standards. Based upon the information provided on the L WRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the below Policy Standards and therefore is INCONSISTENT with the LWRP. The applicant HAS NOT demonstrated that the action fullv could meet or further the below policies. In addition the LWRP states "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". 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction I. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. . . The applicant has not demonstrated that the followinl! dock standards pursuant to IS 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: [I] Whether the dock will impair navil!ation or be located in areas of hil!h vessel traffic or vessel conl!estion: [2] Whether the dock will undulv interfere with the public use of waterwavs for swimminl!. boatinl!. fishinl!. shellfishinl!. waterskiinl! and other water-dependant activities: [3] Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; [4] Whether the dock will significantly impair the use or value of waterfront property adjacent to or near the dock; [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; [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; [8] Whether the dock will unduly restrict tidal flow or water circulation; [9] Whether the dock will be safe when constructed; [10] Whether the dock will adversely affect views, viewsheds and vistas important to the community; [11] Whether the cumulative impacts of a residential and commercial dock will change the waterway or the environment and whether alternate design, construction, and location of the dock will minimize cumulative impacts; and [12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. 9.4 Assure public access to public trust lands and navigable waters. E. Provide access to, and reasonable recreational use of, navigable waters and public trust lands under water. I. Provide for free and unobstructed public use of all navigable waters below the line of mean hil!h water for navil!ation. recreation. and other public trust purposes. includinl! the incidental ril!hts of public anchorinl!. NOTE THAT THE NAVIGABLE CHANNEL IS NARROW IN TillS AREA DUE TO A DOCK AND VESSEL LOCATED OPPOSITE THE PROPOSED ACTION. 3. Obstruction of navigable waters and underwater lands is limited: b. to the minimum necessary for access to navigable waters. The minimum is determined by evaluating the following factors: (i) the extent of the use's dependence on access to navigable waters. . . (ii) the range of tidal water level fluctuation. (iii) the size and nature of the body of water. (iv) the nature ofoubHc use of the adiacent waters. (v) the traditional means of access used bv surrounding similar uses. (vi) whether or not alternative means to gain access are available. c. bv extent and characteristics of the develooable adiacent uoland area and its ability to suooort in-water develooment for the water-deoendent use. c. bv ootential adverse effects on natural resources and their uses. and d. bv ootential adverse effects on oubHc safety. THE PROPOSED DOCK STUCTURE WITH A VESSEL MOORED AT THE END IN RELATION TO THE DOCK LOCATED TO THE NORTH WILL IMPEDE THE NAVIGATION OF THE CHANNEL. 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: Shawn Kiernan, New York Department of State Division of Coastal Resources f r BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD APPLICATION FOR AN AMENDMENT TO A PERMIT DATE October 24. 2006 J t~ 0~ Heribert Orth PHONE 011 49651 2090250 OWNER ADDRESS Parkstrasse 12-0-55. Trier. W. Germanv AGENT Catherine Mesiano. Inc. PHONE 631-878-8951 ADDRESS 12 Mill Pond Lane. East Moriches. NY 11940 PROPERTY LOCATION 640 Willis Creek Road. Mattituck TAX MAP NO. 1000-115-17-17 .12 UWe request an Amendment to Permit # 6047 aranted on December 20. 2004 a roved dock to a 4' x 42' low rofile (fiberalass arid)dock with fixed 6' x 12' north-facina "L" at the seaward end on 6" piles with 1 0' oenetration and one 6" oile off the south end of dock. We also reauest a 1-vear extension of the existina oermit. Signed By: (JdINM<< ~ Catherine Mesiano, Pres. c...~ 2 S uJ' \.: :ft . . . BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD APPLICATION FOR AN AMENDMENT TO A PERMIT DATE Ckrtober24.2006 OWNER Heribert Orth PHONE 011 49651 2090250 ADDRESS Parkstrasse 12-0-55. Trier. W. Germanv AGENT Catherine Mesiano. Inc. PHONE 631-878-8951 ADDRESS 12 Mill Pond Lane. East Moriches. NY 11940 PROPERTY LOCATION 640 Willis Creek Road. Mattituck TAX MAP NO. 1000-115-17-17.12 I1We request an Amendment to Permit # 6047 aranted on December 20. 2004 to revise the desian of the oreviouslv aooroved dock to a 4' x 42' low orofile (fiberalass arid)dock with fixed 6' x 12' north-facina "L" at the seaward end on 6" ~iles with 10' oenetration and one 6" oile off the south end of dock. We also reauest a 1-1/881" eJ(lh.~of the existina oermit. "'~'~r d<-L- l Signed By: a Catheri ~ ~~Trier Za len Sle 9 gen lesen 5 c r U. (Q)~ r;!;L't:1fJI~!JP"!t~ s__..~ ~,~~~~~v~~}~~:;1F'u Ort'-ho --0 G ~.< --- --~-_._--~~ Untel'Khrlft Ca. '-':'(J,,':h'~i.'e S':'l~~~te'l darl ~'~'1t g~~r'dCrJ c'J~; (Je"lr;:'t~" \'..~n. D',. A'l'Jst-e ',,"e' :iihbf''J''frt:;\ "uf eJ"Il' S"t>~-ck giit 3ls ",~hl ge5ch,;eb"n SCheck-Nr, X Kontc-Nr. X Belrag X Bonkleilzahl X Texl ??hnl-. :mnn?l."In.r :lnt> 1."1 ~1.rl ~A~t>nn':ll;.p n1.'" . . James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen 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 BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of ;./ - - ~ In . 'Vc -----,-~-----_:_--~~---------------------------- COUNTY OF SUFFOLK) ST ATE OF NEW YORK) I,~l'rvA' AFFIDAVIT OF POSTING - Al, residing at / <>2. ~ {Jg-,...J L . t~ (l&. I L q 4-6 being duly sworn, depose and say: That on the Q....day,of N C) V , 200 I lr;onallY posted th~ property known as o . by placing the Board of Trustees official poster where it can easily be seen, and hat 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 Wed ~ f)('JlJ, IS:, &(1)1. .- 00 a6CUi r;:30rm, Dated: (sIgnature) Sworn to before me this 2."~dayof No\} 2001. ~~c~~ John MyJ~3gtIC, State 01 New York N~T ~fJU6059400 ~u~\itied .In Suftolk c~~nt~g 202.l CommisSIon Exp1l6S ay , DR-yff . . orz..., t{ PROOF OF MAILING OF NOTICE A IT ACH CERTIFIED MAIL RECEIPTS Name: Nancy Foote Rev. Trust 790. Willis Creek Drive Mattituck, NY 11952 Michael McDonald 475 Willis Creek Drive Mattituck, NY 11952 James Mitchell 3 Monfort Road Port Washington, NY 10.0.50. Martin Suter Trust 1642 Meadow Beach Lane Mattituck, NY 11952 STATE OF NEW YORK COUNTY OF SUFFOLK tvI.~lL CA:~", , residing at \O<.LC'xCv\^..tvd Blvd ~ ~L[ N" , being duly sworn, deposes and says that on the 1 day of NCJVe%Y\bJY , 20<:l \0, deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of South old; that said Notices were mailed at the United States Post Office at fu~ MoYi2..h -E'-J , that said Notices were mailed to each of said persons by (certified) (registered) mail. 1h Sworn to before me this 10 Day of /JI1H.Qjiwf, 2o/l.1L J>>~6~ ) ~~ Notary Public BRENT K. ADAM' Notary Public. Slate of NiW 'fafii No. 01 AD61..341 Qualified In suffOlk C811~. My Commission ElIplr. __ fS, !8fb 617.211 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only . . PART I _ PROJECT INFORMATION ITo be comDleted bv A IDllcant or Prolect SDonsor\ 1. APPLlCANTISPONSOR 2. PROJECT NAME HERIBERT ORTH 640 WILLIS CREEK DRIVE 3. PROJECT LOCATION: Municipality MA TTITUCK County SUFFOLK 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks. etc., or provide map) WIS WILLIS CREEK DRIVE, 700' SI MEADOW BEACH LANE 640 WILLIS CREEK DRIVE 5. PROPOSED ACTION IS: ONew o Expansion o Modilicationlallenltion 6. DESCRIBE PROJECT BRIEFLY: REQUEST MODIFICATION OF PREVIOUSLY APPROVED DOCK PLAN 7. AMOUNT OF LAND AFFECTED: Initially <1 aaes Ultimatety <1 aaes 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE R~--"'-"--'-' IZ! Yes 0 No If No, desaibe brielly 9. IM-iAT IS PRESENT LAND USE IN VICINITY OF PROJECT? It] Residential o Industrial o Commercial o Agriculture o Pal1o'ForestlOpen Space o Other Desaibe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? o Yes DNO If Yes, list agency(s) name and permit/approvals: NYS DEC, ACOE & SOUTHOLD TOWN TRUSTEES 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? III Yes DNO If Yes, list agency(s) name and permit/approvals: NYS DEC-WETLANDS PERMIT, HOUSE & DOCK. SCHD, TRUSTEES.HOUSE & DOCK 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? IZ!Yes DNO . I CERTIFY!JA T THE INFORMATION PROVIDED ABOYE IS TRUE TO THE BEST OF MY KNOWLEDGE I / APPllcantJspo"~me: r'l THr-I2, 'v . - ."1,:=.~ ,A- ,~c !).)C. Date: II I 0 (" Signalure: ( I {t;: , n1 , ^ - (J Avo If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Fo"" before proceeding with this assessment DVER 1 RetriIt . . Standish, Lauren From: Catherine Mesiano [cmesiano@optonline.net] Sent: Thursday, October 26, 2006 11 :01 AM To: Standish, Lauren Subject: ORTH D"T 2 5 .,.,0,- 1._': (\)Ijl) Town of South old LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS I. All applicants for permits" including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. "Except minor exempt actions including Building Permit and other ministerial permits not located within the Coastal Erosion Hazard Area 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the L WRP policy standards 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 L WRP policy standards and conditions. If an action cannot be certified as consistent with the L WRP 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 South old's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# _115_ _17_ _1J.12_ The Application has been submitted to (check appropriate response): Town Board Planning Dept. Building Dept. X IJoardQfTrustees 1. Category of Town of South old 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) PermitJ.pprOyjl.l, license. certification; Nature and extent of action: REVISE THE DESIGN OF THE PREVIOUSLY APPROVED DOCK TO A 4' X 42' LOW PROFILE (FIBERGLASS GRID)DOCK WITH FIXED 6' X 12' NORTH-FACING "L" AT THE SEAWARD END ON 6" PILES WITH 10' PENETRATION AND ONE 6" PILE OFF THE SOUTH END OF DOCK. WE ALSO REQUEST A 1-YEAR EXTENSION OF THE EXISTING PERMIT. 10/26/2006 . . Location of action: 64QWILLlS CREEK ROAD~MA TTITUCK Site acreage: 1 Acr~ Present land use: SINGLE FAMILY DWELLING Present zoning classification~~R-4Q 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: HERIBERT ORTH____ (b) Mailing address: PARKSTRASSE 12-jl-SS, TRIER. W. GERMANY (c) Telephone number: 011 49 651 209021>_Q (d) Application number, if any: PERMIT # 6047 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?_NYSDEC. NYSDQS, USACO_E 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 III - Policies; Page 2 for evaluation criteria. Yes No Not Ap-plicable Con$tru~tjQfLQf a dock at this site is proposed in a l71anMLconsistent with the current standard_HJflJt/Ji3S nq imp-get on the "pattern of development in the town". Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See L WRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes No Not Applicable Tbe proPosJld Jl[gjl?c-l is not l()cgted~fiaf anv historic site$~r cjistrjcts Policy 3. Enhance visual quality and protect scenic resources throughout the Town of South old. See L WRP Section III - Policies Pages 6 through 7 for evaluation criteria Yes No Not Apl!licabJ~ De'.lelopment of this site is proposed in a manner QQnsi$tl'tfltwith the neighborhood in which it is located. The proposed dock is a IQW:pfQfile sJructuLe. designed in accordance with current $tEwsmrds. 10/26/2006 . . NATURAL COAST POLICIES Policy 4. Minimize loss of life, strnctures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria y~s No Not Applicable QeveloRment of the sitfi will be donfi in accordance with FfcMA standElr~1'LYSDE;f;~ regulations anstChapter 9Z oUhe Town CQde. Policy 5. Protect and improve water quality and snpply in the Town of Southold. See L WRP Section III - Policies Pages 16 through 21 for evaluation criteria Ye_s No Not Applicable Development of the site will/:Jfi done in accordance with EEMA standards. _NYSDEC regulations. Chapter 97 of the Town Code and /J,[ticle 5 and ArJjcleJ_oUhe Suffolk County SanitEIIJI Code, Policy 6. Protect and restore the quality and function of the Town of South old ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See L WRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes No Not Applicable Dfivelopmen(ofthe site an cO(Jslruction ofthfiJJ[oposeddock will bedonfi)n accQrdancfi_vvitl] NYSOECJJZgylations and Chapter 97 oftheTown Code. Policy 7. Protect and improve air quality in the Town of Southold. See L WRP Section 111- Policies Pages 32 through 34 for evaluation criteria. Yes No Not AlWlicablg I1cjoe~J1otappearthat PolicyJ is relevant to development o/this ~~. 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 As in all other residential develQJJmfint it is expected thi3t the OCCUJJClf)t will complv with the fixpectficj treatment of rfisidential solid waste. yard waste and rficvclable_materiEll 10/26/2006 . . 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 South old. See L WRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes No Not Applicable QevelopmenLofthis site has nojmpact on public acc;essJ~and reG[~ational use of. coastal walers. etc;~ WORKING COAST POLICIES Policy 10. Protect South old's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See L WRP Section III - Policies; Pages 47 through 56 for evaluation criteria. Yes No Not AImlicable it doesootJ1Rpear that Polir:;nO)s (e'-evgf1t~c;Qnstructio[Lofthe prQQQsed dock~Jnd house Oll i3J/Jsidef)tiaUot, 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. y~ No Not Applicable ConstrL{cyon oftheQJQPQsedciockwill promqte rec;reaJjonaluse ofInarineLesOUrcesJ'llloV'Lfo[ boatacces~ with minimal disturban~e to pBllQttom. Policy 12. Protect agricultural lands in the Town of Southold. See L WRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes No Nott\-p-plicable It dQes not~Qpear thElt pqlicv 12 is r/JlevgoJ to cpnstructiQIl of thjUJroposed dQck andhous/2 on ~resideotiallot Policy 13. Promote appropriate use and development of energy and mineral resources. See L WRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes No Not AJUilicable itcioes not apJlear that policv 1~is relevant to constructiQIlJJLthVJroposed dQck_anci house on a residentLallQt Created on 5/25/05 11 :20 AM 10/26/2006 :3!urvey of Lot "hT12, Map of "Harbor Vie", at Mattituck" Filed 08-21-81 as Map # 8311 SCT# 1000-115-11-11.12 Surveyed, 0'1-2'1-05 AmenCled, 01-01">-01 Situate, MattltuGk To....n, Southold Suffolk County, NY ~ SCALE 1"= 40' Certified to, James Demilt O1IGago Title InsuranGe Company DOc.5] '-'''<>JH'OmBOo'le,{>t'on0' oocllt'Dn'" O'''''VB~ ""'p oo(>'"'n'3 " lIeBO...d ''''''' .crv..~""s ,..", ;, " v''''al;a<,oF .~dl"" 12o<l.oub-dlv"'on ;;,oF ,he hie... Yock Sl",.. E"",,,lIe<> ~"".' O>o'y cop"'; "0'" ~" 0"'9'0-0' 0' ,h,. ",-r'",,~ '"",<en ~Ilh on '''''3'''''' of Ine lond ",,"veep'" ,t"",r<''' s..'" ",,'" 00 OO"5;de,~dlObevol;d'r"" cop'"'' h..'e"" ~'<r';f" l',ot th,~ '"OCO,.-d<r<:B ~Ithth.. ax- 'C - ___ '_ _,_u toy (C"" "".,. ,,,.-' "k,'~ ~"Qc,,,l;~,, 0' ",d~;;,_'o..' L"n.;ls,..-,-.,yor"So''! cert,F'GollOC6 >",,11 "','Y'.") lo'hop.."o"fo'~Offi"".SS-"'v"Y"'P'''F,,,..d """ on hl~ bsh,,1F to the lItle comp",,!. gOv"',,"80- l~1 o'l""'~ and l~nd;"9 ",,,Motion ';'l~d h",san, """ ;~J~~e";:::~:~~~l;;;"~;6t;~::",~1j:,~,',~~~~'~~~t~~,;;~~'~ 'C""""WM'6 ": '6~. '"0'" NOTES Elevations refer to MSL-NGYD'2'1 Flood Zones annotated from FEMA Map # 36103C041">2 - last revised May 1'1'11"> 1V :if\\ \...0 "'," e rlyi6\\$'Ig 0er,,\6 v y-\Oter f'v'O\i6 \~ "" -6 ~ 0 -y, a .,9- \<,0 "-/-'''' ~9-\ ~ C ~t \ ?~ LCJ, <9'" .9 /0, r1' 19~'O, --~'-- __;:::-j:'::CC'Ls:::-c-- y '\\, -- \/.-'- -0<' 't Q.:c :..--'::::; 'is-~~e~ ~"""Q~"'" ~~~9... o"'$> ~"', " , 0- -l ..i', li': IJ'O' '. y ''. C) (1-- ('$ -- ('\)'Y- ('\)\9 -r<:('\) 'Y- '.'-" .' '.' ". "'h .......~ ~\J': .~~ \~ , '. ,> d>. \ " " " \>\ a: \ Ji" ,j>\ \ \, .., \ t \4O\e \~~_\G\;04 I, EltPJ",1.e , 0 . . , : i/ , , )> " .,..; ':I:::l\ .~ ~~, o -' \~ ~~, \0'.0 ~g,' OO..>D 3'0, ~...~~: .~ ',.'15' seU:":l~k ., , , ~ , I \ \, I \ ~ \ \ ,,\ \\ \ \ ,,' \ \ \ '. \ ~I , " , ~!:' d'S:' ' 'Uo-!' ' sr:i'l/,' U\ ,01>:' , COQ:i ' 11' I ;' .ff xi QI 0" ~~j ,0(:' , /: \...ot. #\'2. c mO ~z -" .B<: ~ .c15 "" ~m ~.f; Qs " ooG\{... ~, Oi..c lD,:l!! -&,0 ~:r fill from XG,O,Y,_9,tlE-r"l. ' . . . __===__~~--~:~=-- -- ~~Tstlnggracj€l Tm,n'i lnv.= Inv.~-l 1200 gal _ =. =, 2 max:-,----- EL- 8,1 8.5 I septic:. Inv." rnv-:;1 2' deep I - 8 , tank ! 8.0 1.8!. B'dla. I . pools (b) ',----EL=b min. 3' separation ~'" %~ 1: ' OI06V:. '&~ C5 O-!r'O ~%. C5 a ,-a: a ~ 0 0 ~15 l' ~ .0 ~ ,*,\$.6 6- N W+E S SEPTIC DETAIL not to scole Dwelling maX. 5% I 20' f 5 Ope V>llthin , 0 septic:. s~stem 20' " ~ ~<J ~"j. 1,~ .....'5 ~.'9 ",1< ..<;- 1 '" seasonoT high ground Hater '.,!1 r'-". CI >~. -' IS- t :J 0 /Xl ;- I 0 (1) I- ~ ::::l => ~ (l W c:: 0 > I- ..... L u.. '" t- O 0 u.. ('$ ~ e:::: 0 :A a... Cl a::: Z a... <( ;: <( 0 0 <:.:l I- ..... , ",;\06 , 0 "c' ,'0 o'j~ . -90 'i'r~Zo6 ?';.~ ~~, 00"00 - ~ r ~e(\66 ',GY\D\('I \\('I\{... \ \~ $1504'2.'05 ~ "I v:. '" "'" "J . , ~ . , i'J1.3~ cP \ ot. #\'0 ...... v4-\tn rlyie\\\('IB 00('\1\(...6 v \.-.In.ter f'iJ'O\\0 - ~">- 00 ~ .,9' "'1~00 +.~ ~? '1" ~~ "'- ~ ?.. <9 'NYSDEC DATA' Total Area Lot 1112 = 43,541 SF Upland or Adjacent Area = 3",3'10 SF Proposed Impermeable StruGtures = 4,610 SF or 13% of AdjaGent Area COJeraqe Proposed StruGLures - 15' + fro," l^Ieflands Proposed septiG - 130' from 1^13tlands ~ 3' above seasonal high ground ....ater Haybales maintained during GonstruGtion No off-site fill required for final grades EL= 10 EL" 2 Test Hole - 08-1'1-04 McDonald 6eoSGlence at high tIde dark bro'''ln 0.0' sandy loam OL 1.0' brOHn 5M silty sand 4.0' brOHn slit ML pale brOHn b.o' FIne to medIum 5P sand 6.5' Hater In pale brOHn fIne to medium sand 5P 13.0' P. O. BOX # 531"> RIVERHEAD, NY # 631-122-'1'130 ROBERT H. FOX NYS LIG# 501'11 I.,B/20::_n Q.23.5SAM C:bL_N\odh-DemiltOIOlp~Q Albert J. Krut 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 ~outhold, 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 ¼ constructed ~'"~Project complete, compliance inspection. Board Of $outhold Town Trustees SOUTHOLD, NEW YORK Pursuant to the provisions of Chapter 615 of the L~ws of the State of New York, 1893: and Chapter ~ of the ~ws of the · State of New Yore 1952: and the Southeld To*n Ord,nance en- titled ."REGULATING AND THE PLACING OF OBSTRUC:I:LOI~IS IN AND ON TOWN WATERS AND PUBLIC LANDS and.the REMOVAL OF SAND, GRAVEl.. OR OTHER MATERIALS~FJLOM LANDS .UNDER TOWN WATERS:~. and in acco. lance wif~ 'the Resolution of The Board adopted at a meeting held o~ ...~.~.~...~,(~ .... ~0g.~......, and in consideration of the sum of $...._~.~..°..t...0..0...... paid by flerib~rt Orth of ....~P:~. ................................... ..................... N. Y. and. subject to the Terms and Conditions listed on the reverse side hereof, of Southold Town Tru~ees authorizes end ~ermlfs the following: Wetland Permit to construct a 45'X 60' two-story frame dwelling, 24'X 24' garage and 8'X 10' breezeway, pervious driveway and sanitary system. Clear and maintain a 4' wide pervious path leading to a 4'X 42' timber dock with 3'X 6' steps to grade, with the condition the boat and the dock do not exceed mom than 1/3 across the width of the creek, and all as depicted on the plan prepared by Robert H. Fox last dated April 25, 2005 and survey prepared by Robert H. Fox last dated May 4, 2005. a. m or.~u...~e with the detailed specifications as presented in .the orlgi~afing application. IN WITHF-.SS WHEREOF, The said Board ~f Trustees kere- by c~uses its Corporate Seal to be affixed, an~ these presenf~ to be subscribed by 'a'maiodfy of the ~ld Board .as of this date, _.Peggy D±ckLerson Artie Foster. -' Trm~ee~ Albert J. t<rupski, 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 December 20, 2004 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Ms. Catherine Mesiano Catherine Mesiano, Inc. 12 Mill Pond Lane East Moriches, NY 11940-1222 RE: HERIBERT ORTH 640 WILLIS CREEK DR., MATTITUCK SCTM#115-17-17.12 Dear Ms. Mesiano: The Board of Town Trustees took the following action during its regular meeting held on Monday, December 20, 2004 regarding the above matter: WHEREAS, Catherine Mesiano on behalf of HERIBERT ORTH 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 November 4, 2004 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 December 20, 2004, at which time all interested persons were given an oppor[unity 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 HERIBERT ORTH to construct a 45'X 60' two-story frame dwelling, 24'X 24' garage and 8'X 10' breezeway, pervious driveway and sanitary system. Clear and maintain a 4' wide pervious path leading to a 4'X 42' timber dock with 3'X 6' steps to grade, with the condition the boat and the dock do not exceed more than 1/3 across the width of the creek, and all as depicted on the plan prepared by Robert H. Fox last dated April 25, 2005 and survey prepared by Robert H. Fox last dated May 4, 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:S410.00 Very truly yours, 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) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: Please be advised that your application dated reviewed by this Board at the regular meeting of following action was taken: has been and the ( L-~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 OFTRUSTEES RESOLUTION Resolved by the Board of Trustees of the Town of Southold that the application of (applicant) more fully described in the public hearing item ~/~f the Trustee agenda dated ~ 2004 is, pursuant to the SEQRA rules and regulations, is classified as an Unlisted Action; and be it Further resolved that the ~ re~red to submit Part 1 of the Long Environmental Assessment Form (LEAF); and be it Further resolved that upon receipt of the LEAF the Clerk of the Trustees is hereby directed to commence a coordinated review pursuant to SEQRA. 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., December 7, 2004, the following recommendation was made: Moved by Don Wilder, seconded by Doris McGreevy, it was RESOLVED to TABLE the Wetland Permit application of HERIBERT ORTH to construct a 45'X 60' two-story frame dwelling, 24'X 24' garage and 8'X 10' breezeway, pervious driveway and on-site sewage disposal system. Clear and maintain a 4' wide pervious path to proposed dock, and construct a 4'X 45' timber dock with steps to grade. Located: 640 Willis Creek Dr., Mattituck. SCTM#115-17-17.12 The CAC Tabled the application for the following reasons: the property wasn't staked trees above a 4" dia. to be removed should be labeled question whether or not the docking facility exceeds 1/3 the width of the creek The CAC requests an opportunity to re-inspect the property when properly staked. Vote of Council: Ayes: All Motion Carried K,~y Map ~. ,~ Plan View ~,.~ App~i~mt: Heriberl Orlh Proposed: ~m~ ~k ~ ~v~ PU~: P~ M~ng ~11.11.~ S;~ 1~11~17-17.12 0 Cross Se~ion P~ 4" X 4" ' P~ 1~ O. C. SEA L~EL MAPPING o6~ t) q 6 5 ~n$OO0!O0!"~ ~'" 9g.os' o.9 Albert J. Krupski, President James King, Vice-President Henry Smith A~r tie Foster Ken Poliwoda Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only Coastal Erosion Permit Application ~-'~etland Permit Application __Waiver/Amendment/Changes __.,L'Received Application: ~,-'Received Fee:$ ~ ~ff~-ompleted Application J / / {/ W Incomplete __SEQRA Classificatioa Type 1 Type I1 Unlisted. ___ Coordination:(date sent)~ -' ~a>mc Referral Sent ///q ~,.,,~ at e of Inspection: ..... Receipt of CAC Report: Lead Agency Determination Technical Review P.~lic Hearing Held Resolution ~Major ____ Minor Southold '[own Board ot lrustees Name of Applicant Address Phone Number:(~ J~'~)S,I Suffolk County Tax Map Number: 1000-_ Property Location:_~ (provide LILCO Pole g, distance to cross streets, and Idcation) 03/"$77_-.Yq5/ ..... AGENT: (If applicable)CAT~INE ME$IAN0, IN(;: 12 MILL POND LANE Address: --E. MORICHES, NY 11940-1222 .......... Phone Board of Trustees Application Land Area (in square feet): Area Zoning_ Previous use of property. Intended use of property: GENERAl. DATA Prior permits/approvals for site improvements: tO 0 Agency Date ~ No prior permits/approvals 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): Heribert Orth 640 Willis Creek Drive, Mattituck SCTM # 1000-115-17-17.12 PROJECT DESCRIPTION: Construction of 45' x 60' 2-story frame dwelling, 24' x 24' garage and 8' x 10' breezeway, pervious ddveway and on-site sewage disposal system. Clear and maintain a 4' wide pervious path to proposed dock. Construction of a 4' x 45' timber dock with steps to grade. Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations ~_.tl ~5'~,:'~ 4-$' . Area of wetlands on lot: Percent coverage of lot: _square feet Closest distance between nearest existing structure and upIand edge of wetlands: /q/~k. 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? ~.~ cubic yards How much material will be filled? cubic yards Depth of which material will be removed or deposited: Proposed slope throughout the area of operations: feet Manner in which material will be removed or deposited: /~.,o~ .d 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): 6t7 g0 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1 APPLICANT/SPONSOR /2 PROJECf NAME HERIi~I,:R'I (;RTH 1 040 WII.t iF, ('REEK DR[Vt. 3 PROJECT LOCATION Mumc~pahty M,\TI-[Tt L'K Count~ *;L'FF()L K 4 PRECISE LOCATION (Street address and road intersecbons, prommentlandmarks etc or p¢ovide map) ~,~, [1 [ [5 CREEK DRIVIT, 70~}' S MEADOW BEAL'H [.ANF 5 PROPOSED AC*ION IS grade [] Y,,s L,~I--I No If No describe briefly 9 W~AT IS PRESENT LAND USE IN VICINITY OF PROJECT? [~] Agr,culture [] park/ForesuOpen Space [] Other N/ SDi:L, St'FiD, %H()LFI'H(~[ D IRt '~['[ I :'; DOES ANY ASPECT OF THE ACTION HAVEACURRENTLY VALID PERMIT OR APPROVAL? E~] Yes r~ No if Yes hst name andpermlt/approva~s agency(s) AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT,APPROVAL REQUIRE MODIFICATION? If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER Reset 8884 ABOVE DESCRIBEr HEREIN ARE TRUE AND THAT ALL: WOE APPLICATICN tANO ~.,RIBERT ORTH BEING DULY SWORN qRMS THAT HE/ SHE iS THE APPUCANT FOR THE PERMIT AND THAT ALL STATEMENT8 CONTAINED TO THE BEST OF HIBIHER KNOWLEDGE AND BELIEF, LK WILL BE DONE IN THE MANNER BET FORTH IN THIS A8 MAY BE APPROVED BY THE $OUTHOLD TOWN BOARD OF -RUSTSE8 . THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AI~ID THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL D~MAGE~ AND CLAIMS ARRISlNG UNDER OR BY VIRTUE OF SAID PERNIT[8), IF GRANTED. IN COMPLETING THIS APPLICATION, HEREBY AUTHOR ZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTA, TIVEiS), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISEB N CONJUNCTION WITH REVIEW OF THIS APPLICATION. Hedbert Orr ~ SWORN.TO BEFORE I~E THIS /'~ bAY OF~.[M..2(~_~ Notary Public~ 1, 1-~-$Uu-8884 t?:5@ F¢~:C=~I 878 89~1 £~2'S T~68 8~.8 I£9:N~ 8~8~0~ I~9 KEN:AUTO DRTH SEIT£:O04 V:108~, Proof of Mailing of Notice Attach Certified Mail Receipts NAME ADDRESS State of New York ./~nty of Suffolk d~ ~ being duly sworn, deposes and says that on the ~ ~ d~ of ~)~, ,20~ deponent mail~ a true copy of the Noti~ set fo~h in the Board of Trustees Application, directed to each of the above named pemons at the addresses set opposite their respe~ive names; that the addresses set opposite the names of said pemons am the address of said pemons as shown on the current assessment mil of the Town of Southold; that said~oti~s w~e mai~ at the United States Post Office at ~ / ~/~~at said Notices were mailed to each of said persons by(ceAified) (r~istered) mail. t/orn to-b.efo, re, me ~hi/i/i2s /'-~ iY of ~.~'(~t~2/~, 2-'~-4 Notary Public~/' NOTICE TO ADJACENT PROPERTY OWNER BOARD Of TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: HERIBERT ORTH YOU ARE HEREBY GIVEN NOTICE: 1. to: SCTM # 1000-115-17-17.12 That it is the intention of the undersigned to request a Permit from the Board of Trustees CONSTRUCTION OF 45' X 60' 2-STORY FRAME DWELLING, 24' X 24' GARAGE AND 8' X 10' BREEZEWAY, PERVIOUS DRIVEWAY AND ON-SITE SEWAGE DISPOSAL SYSTEM. CLEAR AND MAINTAIN A 4' WIDE PERVIOUS PATH TO PROPOSED DOCK. CONSTRUCTION OF ^ 4' X 45' TIMBER DOCK WITH STEPS TO GRADE. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 640 WILLIS CREEK DRIVE, MATTITUCK 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 December 20, 2004. You may contact the Trustees Office at 765-1892 or in wdting. 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 OWNER'S NAME: Hedbert Orth MAILING ADDRESS: 54292 Tder Parkstrasse 12-D-55 Germany OWNER'S AGENT: Catherine Mesiano, Inc. 12 Mill Pond Lane East Modches, NY 11940 631-878-8951 Enc.: Copy of sketch or plan showing proposal for your convenience. James & Marina Mitchell 935 Bloomfield St. Hoboken, NJ 07030 1000-115-17-17.11 Nancy L. Foote Box 156 Mattituck, NY 11952 1000-115-17-17.13 Bayview ~ Mattituck H.O.A. Box 871 Mattimck, NY 11952 1000-115-17-17..31 Michael & Linda McDonnell 475 Willis Creek Drive Mattituck, NY 11952 1000-115-17-17.15 Martina & Alma Suter Box 843 Mattituck~ NY 11952 1000-115-1%18 Michael & Mary Kelly 1255 Donna Drive Mattituck, NY 11952 1000415-16-12 Jonathan Andrews 1365 Donna Drive Mattituck, NY 11952 Thomas & Janet Marron 7 Tanglewood Drive Goshen, NY 10924 6 5 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 OFTOWNTRUSTEES TOWN OFSOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of ..... ........................ COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, f/~'tff~.,a¢5 J~'St,~m~siding at } 2. tv!. ~,_ c. ffa,~ being duly sworn, depose and say: That on the 5 day of I'~ ~ ¢ , 200,4;-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 heating. Date of hearing noted thereon to be held L-Dq Or} / 3t')£C. g)-O~ 0~?L't-/ - - . Dated: (signature) Sw. om to before me this 7}J~lay ofh~, 200q Notary Public ANNE W. HILL N0tllly.,Public State of H~w No. 01HI6103497 Qualified in Suffolk COmmission Expires APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part; of town officers and emolovees. The i~urpose of this form is to ~3rovide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: HERIBERT ORTH NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance Change of zone Approval of plat Exemption from plat or official map Other (If "Other," name the activity) WETLANDS PERMIT Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X If you answered "YES," complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold 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 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 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 Signature Print name HERIBERT ORTH CATHERINE MESTANO, INC. FROM: Catherine Mesiano SUB,TECT: ORTH bATE: 7/14/2005 Lauren: Enclosed please find Mr. Orth's check in the amount of $410 for inspection and permit f¢~s. Pl~se forward the permit at your e~rliest convenience. Thanks, C~thy M~siano WGZ-Bank Die Initiativbank. D"~4OC~OJ. DLJI::.,:~,:)E. LDCH;H:' , SWIFT: GENCiDEDD U N S E P, E REF:',/[)LJI;~ I;~E:I::', : 0000051035 U[]I...KSBANK TRIER EG U I EHH~ I~ I(T I:)L.(~TZ 7 1:)-"54290 T I;,t IIZ R 7,07,2005/XWGZT1H F:'AX: 02:[ 1'"'778'"-:1.740 40,:)ZAV :[ D 53258".'0,3 /DE33585601030000345500 ORTH HERIBERT~ PARKS'FR, 12 54292 T R I E R Zahlungsgrund / Details of psyment: BUILDING PERMIT ~ ~.8/()~.44 3/00 .).. Sie erhalten anbe~ einen Scheck Please find enclosed a check