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Home My WebLink AboutTR-6292 James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzap£el Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-664l 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 st 1 dayof construction ~ constructed Project complete, compliance inspection. Board Of Southold 'Town Trustees $OUTHOLD, NEW YORK PERk'fiT NO .... ~.(~ ...... DATE: .??:.. ISSUED TO ~OB~T S~B~B~g ~ursuanf ~o t~ provlslon~ of Cflapfer 615 of ~e ~ws of the Sfa~ of New Yor~, 1893~ and ~apfer ~ of fha ~ws of ' Sfafe of Hew Yor~ 19S2= and the Soufhold To~n Ordinance e~- f~led :~E~U~TIN~ AND .~E.P~ClN~. OF IN AND ON TOWN WATERS AND PUBLIC ~NDS REMOVAL OF SAND, ~VEL.-OR OTHER MATERIALS.F~OM ~NDS .UNDER TOWN 'WA~RS{[.~. end in a~c~da.~ Eesol~ion of The Board adopfed efa meeting hel~ on . ~?.~., and {n conflderafion of fhe sum of $_..~..Q~ ..... pald by Robert Sp~tzenberg of ...~.~.~?~. ............................... :........~ ..................... N. Y. ,,d ,ubiec~ ~o Terms and ~ndilions lisfed on fha revere side ~r~f, of ~ulhold Town Tr~ees aufh~izes and permi~ Jh~ WeSand Pe~it to remnstruct in place 107' of ~mber bulkheading utilizing vinyl she~Ung and to dredge ~e 10'X 107' area immediately ~ward of ~e bulkhead to ~' ALW. The resultant spoil, +/- 30 ~. o~ sand ~hall be used to backfill ~e reconstructed bulkead, and all with the mndi~on a 20' non-turf buffer is installed landward of the reconstructed bulkhead, and as depicted on the plon prepared by J.M.O. Environmental Consul~n~ Se~ioes last revised M~rch 3, 2006. aU in accordance with ihe defai~d spoliations as p~nfed .~e odglnaH~g app~fl~. IN WITNESS WHERE., ~e sald Board ~f T~dees ~re- ~u~s its ~r~rafe Seal ~o be a~xed, en~ ~ese presen~ su~ed by ~'maj~ of fha said ~ard .as of ~hls THOd$ ~nd ~ONDfflONS ~ P~a~e~ Robert Spitzanberg ~ 375 E~lizabeth Lane, Southold , -~.- N, 'el thc co~side~tioa ~o~ ~e ~ of ~e ~t ~~ fog ~ ~on,~y ~ ~ to ~ ~ ~ a ~s~, ~. That thLs P~;t ~ould be ~x~alnod iadefin~eely, or ~ 1o~; as ehe sakl P~mit~e ~o m~lnrs;n I~e i~x,~ntre o~ p~ject tavolved, to provide evidence to anyone contemned ~hat auth- ~Izadoa ~as odgt~ly 4. That the work bx~olved wLt[ be mbjec~ to d~e ~ and apHo~l ~f d~e ~ et kcs s~ents, stol non-coa~lL~ce sdth the pto~Ls~om of ~ od~*g~ng ~pl~C~do~ m~y I~ cau~ foe ~'~cation of this p~mdt by resoludon of the s~d Bo~d. 5. That there w~H be no ~le interference v~ mv~O_~ ss a result of tl~ w0ek hetdn s~thot-bed. ' ' v~k th. Il ,'-u~ mu'easoa~g¢ ebsm~ctm~ to f~ee navi6~1~ th~ ~ P,~ x~l be ~ ~xx~ du~ not~ to remove o~ alte~ rids wo& or ptoJec~ het~a m~d wiOaout g~mses to the '~m James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Job/1 Holzapfel Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (6311) 765-1892 Fax (631) 765-6641 February 15, 2006 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Glenn E. Just J.M.O. Environmental Consulting Services P.O. Box 447 Quogue, NY 11959-0447 RE: ROBERT SPITZENBERG 375 ELIZABETH LANE, SOUTHOLD SCTM#78-5-4 Dear Mr. Just: The Board of Town Trustees took the following action during its regular meeting held on February 15, 2006 regarding the above matter: WHEREAS, J.M.O. Environmental Consulting Services on behalf of ROBERT SPITZENBERG 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 January 13, 2006, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on February 15, 2006, 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 ROBERT SPITZENBERG to reconstruct in place 107' of timber bulkheading utilizing vinyl sheating and to dredge the 10'X 107' area immediately seaward of the bulkhead to --4' ALW. The resultant spoil, +/- 30 cy. of sand shall be used to backfill the reconstructed bulkead, and all with the condition a 20' non-turf buffer is installed landward of the reconstructed bulkhead, and as depicted on the plan prepared by J.M.O. Environmental Consulting Services last revised March 3, 2006. 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: $50.00 Very truly yours, James F. King President, Board of Trustees JFK/Ims James F. King, President Jill M. Doher~y, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfel Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 TO: BOARD OF TOWN TRUSTEES so r o v Please be advised that your application dated reviewed by this Board at the regular meeting of following action was taken: / has been and the ./ ( V)Application Approved (see below) (__)Application Denied (see below) (__) Application Tabled (see below) If your application is approved as noted above, a permit fee is now due, Make check or money order payable to the Southold Town Trustees. The fee is computed below according to the schedule of rates as set forth in Chapter 97 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. COMPUTATION OF PERMIT FEES: ~0 ~/~,,I ~c4,~ TOTAL FEES DUE: BY: James F. King, President Board of Trustees James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfel 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 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. James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfel Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OFTOWNTRUSTEES TOWN OFSOUTHOLD Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: ~-~ Name o f Applicant: Name of Agent: Property Location: SCTM# & Street Brief Description of proposed action: Se of area to be impacted: altwater Wetland Freshwater Wetland Sound Front Bay Front Distance of proposed work to edge of above: Part of Town Code proposed work falls under: __Chapt.97 Chapt. 37 other Type of Application: '~Vetland __Coastal Erosion __Amendment __Administrative ~Emergency Info needed: Modifications: Conditions: TTM ~0~ ~,f~ ~'~ D. Bergen L'ff/Holzapfel Mailed/Faxed to: Date: Telephone (631) 765-1892 Town Hall 53095 Route 25 P.O. Box I 179 Southold, New York 11971-0959 CONSERVATION ABVISORY COUNCIL TOWN OF SOUTHOLD At the meeting of the Southold Town Conservation Advisory Council held Wed., February 8, 2006, the following recommendation was made: Moved by Jacob Smith, seconded by Don Wilder, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL WITH A CONDITION of the Wetlan6 Permit application of ROBERT SPITZENBERG to reconstruct in place 107' of timber bulkheading utilizing vinyl sheathing and to dredge the 10'X 107' area immediately seaward of the bulkhead to -4' ALW. The resultant spoil, 30 cy. of sand shall be used to backfill the reconstructed bulkhead. Located: 375 Elizabeth Lane, Southold. SCTM#78-5-4 The CAC recommends Approval of the application with the Condition of a 20' non-turf buffer landward of the bulkhead. Vote of Council: Ayes: All Motion Carried .Noreast Saltwater Tides Page 1 of 1 Tides for $outhold Caution: Although ever~t effort has been made to ensure the accuracy of the tide predictions below, Noreast Saltwater assumes no liability due to the use of this information in any way. Weather and other conditions may affect the actual tide levels, [ x16/o~ ] 03:.57 AM ~lgh 2.5 1.0:22 AM Low 0 04:~2 PM High 2 1.0:35 PM Low 0 httm//www.noreast.com/tidesnew/SclectDateSubmit.c fm 1/9/2006 // APPlicant: Robert Spitzenberg Purpose: Bulkhead Reconsimction Location: 3;5 Elizabeth Lane Datum: Apparent Low Water S.C.T.M.No. 1000-078-5-4 Locus: 72°25/41° 02t SCALE r~40' ,,~,,v Applicant proposes to reconstruct in place 107' of timber bulkheading utilizing vinyl she~hing and to dredge the 10' x 107' area immediately seaward of the bulkhead to -4' ALW. The resultant spoil, g30 c.y. of sand shall be used to backfill the reconstructed bulkhead. At an un-named canal offofCorey Creek, Southold, Town of Southold, Suffolk County, New York. Sheet ~ oL z ]~I0 ENVIRONMENTAL CONSULTING AREA TO E~ DRC-..- DC~D TO-4'AI..W QUOGUE, N.Y. Spitzenberg 375 Elizabeth Lane Southold 10t5 ~ 4JAN'06 Overview http://wwwl .nysgis.state.ny.us/print/index.cfm 1/9~'2006 Spitzenberg 375 Elizabeth Lane, Southold CD March 10, 2006 J.M.O. Environmental Consulting Services Mrs. Lauren Standish Board Of Town trustees Ibwn Of Southold P.O. Box 1179 Southold, N.Y. 11971-1179 Re: Spitzenburg, 375 Elizabeth Lane, Southold Dear Mrs. Standish: Enclosed please find are the fees due for this project as well as a copy of the plan which has been revised to depict the non-turf buffer. Should you or m~y member of the Board have further questions or comments regarding this matter please feel free to contact me at any time. Phone (631) 653-0607 · Fax (631) 653-3348 121 Jessup Ave · 2nd Floor * P.O. Box 447 Quogue, New York 11959-0447 Applicant: Robert Spitzenberg Purpose: Bulkhead Reconstruction Location: 33t5 Elizabeth Lane Datum: Apparent Low Water S.C.T.M.No. 1000-078-5-4 Locus: 7~25/41° 02t ~O ENVIRONMENTAL CONSULTING QUOGUE, N.Y. Applicant proposes to reconstruct in place 107' of timber bulkheading utilizing vinyl sheolhing and to dredge the 10' x 107' area immediately seaward of the bulkhead to -4' ALW. The resultant spoil,530 c.y. of sand shall be used to backfill the reconstructed bulkhead. At an un-named canal offofCorey Creek, Southold, Tow~ of Southold, Suffolk County, New York. Sheet of~ :' JMO ENVIRONMENTAl J CONSULTING QUOGUE, N.Y. Applicant: Robert Spitzenberg Purpose: Bulkhead Reconstruction Location: 335 Elizabeth Lane Datum: Apparent Low Water S.C.T.M.No. 1000-078-5-4 Locus: 72°25/41° 02~ Applicant proposes to reconstruct in place 107' of timber bulkheading utilizing vinyl she~hing and to dredge the 10'x 107' area immediately seaward of the bulkhead to -4' ALW. The resultant spoil,530 c.y. of sand shall be used to backfill the reconstructed bulkhead. At an un-named canal off of Corey Creek, Southold, Town of Southold, Suffolk County, New York. Sheet of. ~ ..% JMO ENVIRONMENTAL CONSULTING QUOGUE, N.Y. Applicant: Robert Spitzenberg Purpose: Bulkhead Reconstruction Location: 335 Elizabeth Lane Datum: Apparent Low Water S.CoT. M.No. 1000-0'/8-5-4 Locus: 72°25/41° 02t Applicant proposes to reconstruct in place 107' of timber bulkheading utilizing vinyl sheathing and to dredge the 10' x 107' area immediately seaward of the bulkhead to -4' ALW. The resultant spoil,530 c.y. of sand shall be used to backfill the reconstructed bulkhead. At an un-named canal offofCorey Creek, Southold, Town of Southold, Suffolk County, New York. Sheet of~ ~ PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: Town of Southold Board of Trustees From: Mark Terry, Senior Environmental Planner LWRP Coordinator Date: February 8, 2006 Rc~ Request for Wetland Permit for Robert Spitzenberg SCTM#78-5-4 ROBERT SPITZENBERG requests a Wetland Permit to reconstruct in place 107' of timber bulkheading utilizing vinyl sheathing and to dredge the 10'X 107' area immediately seaward of the bulkhead to -4' ALW. The resultant spoil, 30 cy. of sand shall be used to backfill the reconstructed bulkhead. Located: 375 Elizabeth Lane, Southold. SCTM#78-5-4 The reconstruction of the bulkhead, in-kind, is an exempt Minor Action and not subject to LWRP review pursuant to Chapter 95 of the Town of Southold Town Code. This review will address the baclffilling of the bulkhead with 30 e. y. fill and the dredging of the 10' x 107' area. Please be advised that the proposed action is located adjacent to Corey Creek, a listed New York State Critical Environmental area and Significant Coastal Fish and Wildlife Habitat Area and Critical Environmental Area. The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is generally CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided the following best management practice is applied; To further the intent of the LWRP and the policies, assess the project area for the use of a floating turbidity screen silt/boom during re-construction and dredging activities of the structure to minimize turbidity in the water column. Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Office Use Only CwOaStal Erosion Permit Application etland Permit Application Administrative Permit __Amendment/Tra~. ~Extension ~Aeceived Application:,/i. ~"l~ec eived ~_~ompleted Application I//~/ __Incomplete __SEQRA Classification: Type I~Type II__Unlisted Coordination:(date sent~ ~--CAC Referral Sent:_ .tJ~3/ ~_.l~ate of Inspection:. &J~']~t,, _ __Receipt of CAC Report:' ' - __Lead Agency Determination:__ Technical Review: .~Public Hearing Held: ~Resolution: Name of Applicant '~o[%oF.~ ~.~x~;4 Phone Number:( ) "~-CtC)~q Suffolk County Tax Map Number: 1000 - CD--/- ~- ~c/ Property Location: 3~ 5 [; alOe4 x Xocc46o [& (provide LILCO Pole #, distance to cross streets, and location) (If applicable) Ad~ess:~O. ~O~ q O ~ ~oard of Trustees Applicatio~n GENERAL DATA Land Area (in square feet): Area Zoning:_ T-~'~ t~dO) Previous use of property: ~_kc~ql~ Intended use o£property: Prior permits/approvals for site improvements: Agency Date "/ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended, by a governmental agency? Yes If yes, provide explanation: Project Description (use attachments if necessary):. Project Description For Robert Spitzenberg Applicant proposes to reconstruct in place 107' of timber bulkheading utilizing vinyl sheathing and to dredge the 10' x 107' area immediately seaward of the bulkhead to -4' ALW. The resultant spoil, 30 c.y. of sand shall be used to backfill the reconstructed bulkhead. At an un-named canal off of Corey Creek, Southold, Town of Southold, Suffolk County, New York. ~oard of Trustees Application~ WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: ~O. [[~.~exaOa~ C¢6<~ rx. R4f, t~'4~'Orl Area of wetlands on lot: J,~::~ square feet Percent coverage of lot: t/1 ~' % Closest distance between nearest existing structure and upland edge of wetlands: .~ feet Closest distance between nearest proposed structure and upland edge of wetlands: ,~ feet Does the project involve excavation or filling? No ~'/ Yes If yes, how much material will be excavated?*_.~O cubic yards How much material will be filled? ,f~ cubic yards Depth of which material will be removed or deposited: -- ~ Proposed slope throughout the area of operations: [ '. [ Manner in which material will be removed or deposited: feet Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): 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 12. PROJECT NAME Robert Spitzenberg /Bulkhead reconstruction 3. PROJECT LOCATION: Municipality Southold County Suffolk 4. PRECISE LOCATION (Street address and road Intersections, prominent landmarks, etc., or provide map) 375 Elizabeth Lane Location map and survey enclosed 5. PROPOSED ACTION IS: [] New [] Expansion [] Modificafion/a!toration 6. DESCRIBE PROJECT BRIEFLY: Applicant proposes to reconstruct in place 107' of timber bulkheading utilizing vinyl sheathing and to dredge the 10' x 107' area immediately seaward of the bulkhead to 4' ALW. The resultant spoil, 30 c.y. of sand shall be used to backfill the reconstructed bulkhead. 7. AMOUNT..pF LAND AFFECTED: Initially t:; acres Ultimately ~ acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe brieity 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? Desalt:Residential [] Industrfal [] Commercial Single family dwellings ~]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 L~ No If Yes, list agency(s) name and permit/approvals: Southold Town Trustees, N.Y.S.D.E.C., USDOA & NYSDOS 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? U Yes [] No If Yes, list agency(s) name and permit/approvals: I CERTIF~THA~'~IE INFORMATION P/R~VIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: .~l~nn/E/Just as ag(Iht , / / Date: I ! ~ Signature: ~./ y] ~//~ v/LtA/ 6z.~r~~- - ' I If the action is in the Co~/al Area, and you are a state agency, complete the I Coastal Assessment Form before proceeding w, ith this assessment OVER I Reset ~oard of Trustees Applicatio~ AUTHORIZATION (where the applicant is not the owner) (print owner of property) (mailing add~ess) hereby authorize (Agent) ~t~o,~:,"5~5~ }"~'%r~c. xl~-\~ to apply for permit(s) from the ' CT Southold Board of Town Trustees on my behalf. (Owner's sig~atur~J Albert J. Ki'upski, 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) 7654b,~ BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of ...... .................... COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, ~ '~Jo.--~ , residing at being duly svaoJk, depose and say: That on the(ed.&lday of ~1:3p4 ~., 200g,, I personally posted th: property kmown as by placing the Bo~d of Trustees official poster where i~ can easily be seen, and that 1 have checked to be sure the poster has remained in place for eight days prior to the ~ate of the public he~ing. Date of hearing noted thereon to be held ~~~ . Dated: (signature) Sw~)m to before me this /~'~day' of ~e'b_200 0 PROOF OF MAILING OF NOTICE MAIL RECEIPTS COUNTY OF SUFFOLK ~ltnr~/~. ~'t~ £~ , residing at lo2 I '~'e'S~u/3 ~ J~3ct:~_~ /~ 0.~: /..9 ~('. , being duly sworn, deposes anal sa~,s that on the ? ~"~- day of~, 200/0, deponent mailed a true copy of the Notice ~et forth in the Board of Truste6s 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 ~Eown of Southold; that said Notices were mailed at the United States Post ' k, / Office at t~ 0.~ -~ct~ ~ , that said Notices were mailed to e~ach of said persons by (certified) (registered) mail. Sworn to.~efore me this Da)' of ~e~fU~,V, 20~ /7 Not bt v Joanne~g~n~ k Not~ public, Count, NY ~01FA49917~ Commission Exp. ~oard of Trustees Application Counly of Suffolk State of New York BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCR/BED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HAPOelLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS AR/SING UNDER OR BY VIRTUE OF SAID PERMIT(S), 1F GRANTED. IN COMPLETI/qG THIS APPLICATION, l HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. SWO TO BE ORE ME THIS 5 DA¥OF sUSAN K TOOKER NOTARY pUBLIT, State o! New York No 0~ O5078120 Ou?~li~ ed ~ Su~o~k Coun~ Commiss~of~ ~xp~res May /~0~ APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of South01d's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The ouroose of this form is to orovide information which can alert the town of oossible conflicts of interest and allow it to take whatever action is (Last nathe, 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's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other", name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the ']'own of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, incloding a partnership, in which the town officer or employee has even a partial ownership of(or employment by) a corporation in which thc 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 Southotd Title or position of that person Describe the relationship between yourself (the applicantJagent/representafive) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The to~n 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 Form TS 1 Signature '/ / /,/f-J'~'/ ~ Print Name (.~]~.'"~1~- ~ Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold 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 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). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus~ each answer must be explained in detafl~ listing both supporting and non- suonortin~ facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries amd the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# (.~ "~ ~ .<~ JAil 2 o 2006 The Application has been submitted to (check appropriate response): Town Board ~ Planning Board ~ Building Dept. ~ Board of Trustees [] 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: Site acreage: Present zo~g If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (c) Telephone number: Area Code (d) Application number, if any: 6d~ ~cr~o.dvx Will the action be directly tmdertaken, require funding, or~y a state or federal agency? Yes E~- No [--] If yes, which state or federal agency? /,J,'l, q D,¢ t~; M,q. c~O~q ~ vt, 5~)C),~, C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [~Yes [~ No [~NotApplicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ~ Yes ~ No [] Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ~ Yes E-] No 7~ 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~t~otApplicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ~ Yes E-~ No 73Not Applieahlc 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 III - Policies; Pages 22 through 32 fnr evaluation criteria. I~ E'-I I-1 'Yes No Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ~ Yes [~ No ~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~Yes [] No ~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southoid. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ~//N ~ Yes~ No ot Applicable Attach additional sheets if necessary .WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. ~'~ Yes ~-~i No [] Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [<j~ 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 [--1 No ~/Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III -- Policies; Pages 65 through 68 for evaluation criteria. ~ Yes ~-] No ~-~ Not Applicable PREPARED BY ~CX~ ~. -~L~g~ TITLE DATE~_~ J.M.O. Environmental Consulting Services Applicant: Robert Spitzenberg Location: 375 Elizabeth Lane, Southold S.C.T.M.No. 1000-078-5-4 The project consists of the applicant's request to reconstruct in place 10T of timber bulkheading, utilizing vinyl sheathing, and to dredge the 10' x 107' area immediately seaward of the bulkhead to -4' ALW and to use the resultant spoil, approximately 30 c.y. Of sand, to backfill the reconstructed bulkhead. Any excess spoil would be tracked to an upland site for disposal. The project is located on an un-named man made canal located offof Corey Creek and according to the survey submitted with the application the existing bottom of the canal is privately owned. As part of my review of the Town's LWRP Consistency Form Section C, I ott'er the following comments regarding the Developed Coast Policy: Policy 1. I do not feel that this policy is applicable to this project because the project will not result in a negative impact upon the desired development pattern of the Town of Southold nor shall it result in the loss of the community and landscape pattern of the Town of Southold. Policy 2. I do not feel that the project as proposed shall have any impacts upon the preservation and retention of historic resources, or any archeological resources nor the Coastal Culture of the long Island Sound. The reason for this is that the project site has previously been "disturbed" and developed. The property itself was previously disturbed when the existing single family dwelling, sanitary system and driveway were constructed and also when the man made canal adjacent to the site was excavated and the existing bulkhead was constructed. Policy 3. I do not feel that this policy is applicable to the project since the project will not have an impact on any scenic resource of the Town of Phone (631) 653-0607 · Fax (631) 653-3348 121 Jessup Ave ° 2nd Floor ° P.O. Box 447 Quogue, New York 1'1959-0447 Southold. Policy 4. I feel that the project is consistent with this policy for a number of reasons. The proposed bulkhead reconstruction project has been based upon sound engineering practices and designed to the minimum scale necessary. Since all of the properties located adjacent to and across the canal from the project site are currently bulkheaded the project shall have no adverse impacts upon adjacent properties or to natural coastal processes and natural resources. The project shall have no impact on any natural protective features nor shall it have any impacts upon public lands or lands in public trust. Lastly, the project does not involve the management of a navigational infrastructure nor are public funds involved with the project. Policy 5. I feel that the proposed project is consistent with this policy for a number of reasons. The project does not involve any direct or indirect discharges that would cause any negative impacts upon water quality standards. The project, which involves the removal ora failing timber bulkhead, the installation of the new bulkhead and the dredging will cause a one-time short-term increase in turbidity during construction activities. There shall be on in crease or decrease in the pH, the dissolved oxygen or nutrients in the waterway and due to the nature of the dredge spoil (sand) there should be no increase in noxious odors at the project site. There shall be no increase in negative health impacts such as pathogens, chemical contaminants or toxicity nor shall there be any negative aesthetic factors involved with the project. As previously noted during the construction activities involved with the project there shall be a short-term one-time increase in the turbidity of the waterway. This will involve a short-term discoloration of the waterway until the suspended solids sink to the bottom. To mitigate the turbidity a "silt-curtain" could be placed across the waterway during construction activities. The project does not involve watershed development or the quantity or quality of potable water. Policy 6. I feel that the project is consistent with this policy. The project as proposed shall have no impact upon the ecological quality in the Town of Southold. There shall be no negative impacts upon the adjacent Corey Creek, which is a Significant Coastal Fish and Wildlife Habitat by the destruction of habitat or significant impairment to the tolerance range of any species offish or wildlife. The project has also been designed to meet with of the regulatory requirements of the Board of Town Trustees of the Town of Southold, the New York State Department of Environmental Conservation, the New York State Department of State Coastal Management Program and the Army Corps of Engineers and to not have any impact on existing wetlands. The project should have no impact whatsoever upon any vulnerable fish, wildlife, plant species or rare ecological communities. Policy 7. I do not feel that this policy is applicable to this project since the project does not involve any atmospheric deposition of pollutants. Policy 8. I believe that the project is consistent with this policy. The project shall involve the disposal of solid waste, the old bulkheading, which shall be removed from the project site as part of the project. There are no hazardous waste or toxic pollutants involved with the project. Policy 9. I do not feel that this policy is applicable to this project. The proposed project shall have no impact upon adequate physical public access to coastal resources, shall not impact any public visual access to any lands or waters, involve the public interest in and use of lands and waters held in public trust or to public access of such areas. Policy 10. I feel that the project is consistent with this policy. The project shall have no impacts upon any existing water-dependent uses of the site nor is the project located on Mattituck Creek/Inlet, Mill Creek or within the Village of Greenport and does not involve water-dependent uses at those sites. Policy 11. I feel that the project is consistent with this policy. The project does not involve aquaculture or the removal of shellfish from uncertified waters of the Town of Southold nor shall it have a negative impact upon the long-term maintenance and health of living resources. A licensed commercial fisherman who utilizes the site to access the Peconic Bay system via Corey Creek owns the property. Policy 12. I do not feel that this policy is applicable to the project because no agricultural lands are involved. Policy 13. I do not feel that this policy is applicable to the project since the project does not involve energy or mineral resources. J.M.O. Environmental Consulting Services January 25, 2006 Mrs. Lauren Standish Board of Town Trustees Town of Southold P.O. box 1179 Southold, N.Y. 11971-1179 Re: Application for Robert Spitzenberg, 375 Elizabeth Lane, Southold Dear Lauren; Enclosed please find is the LWRP Consistency Assessment Form and attachments which I have prepared for this project. Upon its review please have anyone with comments or questions feel free to contact me at any time Gl~'nn Ez~-Just dali 2 c, 2006 Phone (631) 653-0607 · Fax (63'1) 653-3348 121 Jessup Ave · 2nd Floor · P.O. Box447 Quogue, New York 11959-0447