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Home My WebLink AboutTR-6305 . . James F. King, President Jill M. Doherty, Vice-President Peggy A Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 0214C Date: June 19, 2007 THIS CERTIFIES that the construction of a catwalk with steps to grade and planting of the inter-tidal area At 180 Windv Point Lane, Southold, N ew York Suffolk County Tax Map # 78-6-3.3 Conforms to the application for a Trustees Permit heretofore filed in this office Dated 12/05/05 pursuant to which Trustees Permit # 6305 Dated 02/15/06. Was issued, and conforms to all ofthe requirements and conditions of the applicable provisions ofIaw. The project for which this certificate is being issued is for the construction of a catwalk with steps to grade and planting of the inter-tidal area. The certificate is issued to Edward Werthner owner of the aforesaid property. ~GZ'~ Authorized Signature . . 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 Southald, 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 1 st day of construction Y, constructed ~ Project complete, compliance inspection. '/2-0/01. D~ J~ y.J . . 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 May 9, 2006 Ms. Darleen M. Gerbino Environmental Analyst New York State Dept. of Environmental Conservation Building 40 - SUNY Stony Brook, NY 11790-2356 RE: EDWARD WERTHNER 180 WINDY POINT LANE, SOUTHOLD SCTM#78-6-3.3 Dear Ms. Gerbino: The Southold Town Board of Trustees approved a 4'12' catwalk plan with steps to grade and planting of inter-tidal area, a copy of which is attached. Mr. Werthner, the owner, appeared before our board advising us that the plan as approved by our Trustees was rejected by your agency. The owner asked us to review the plan, which was recommended by your department. We believe that your plan should be modified as follows: We recommend a 4'X 12' dock made of open mesh (vinyl), which allows light and air to penetrate. Enclosed is a photograph of the material application to a dock in Southold. The size is consistent with our policy, our inspection of the property and the owner's use of a man made canal. The 6" piles are acceptable to our Board and recommended for stability for the open grated dock. Given the existing bulkhead and other factors, we have no objection to the height of the dock. Your department required 2' above grade, however, the lower height is not necessary given the open mesh material. We believe that the lower dock required by your department will pose a hazard in the canal and would require climbing down off the bulkhead, possibly, compromising the bulkhead construction. The steps to grade were our recommendation to the owner, which the owner accepted and incorporated into the plan he submitted to you. . . 2 In accordance with State Law and the adoption of the Local Waterfront Policies, we would request that our recommendations be considered, respected and accepted by your department. Very truly yours, h~#r Board of Trustees Cc: Edward Werthner . . James F. King, President Town Hall Jill M. Doherty, Vice-President 53095 Route 25 Peggy A. Dickerson P.O. Box 1179 Southold, New York 11971-0959 Dave Bergen John Holzapfel 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 _ 151 day of construction - Y, constructed ~ Project complete, compliance inspection. Board Of Southol d . Town Trustees SOUTHOLD, NEW YORK PERMIT No.0.3D~.. DATE: ..F."b. _ 15, 2006 EDWARD WERTHNER ISSUED TO ........._........................,...... ..... .... ............ .......... .... ....... 1\utqurii!utiuu Punuant to the provisions of Chapter 615 of the Laws of the State of New Vorl. 1893: and Chapter 404 of the Laws of the . State of New York 1952: and the Southold Town Ordinance en- titled "REGULATING AND THE PLACING OFOBSTRUCIIQNS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS,F.i.OM LANDS UNDER TOWNWATERS;~'. and in accordance wHhthe Resolution of The Board adopted at a meeting held on ...!e.1>.,..~s..'. . 200..6... and in consideration of the sum of $....nQ,QQ. paid by Edward Werthner ......._.........................._.,..... .................. ................ ....................._ ..........................u......__.................u... of ................~?':'~~()~.d. ................ N. Y. and subject to the Terms and Conditions listed on the teverse side hereof, of Southold Town Trustees authorizes and permits the following: ,Wetland Permit to install a 4'X Ii' catwalk with steps to grade and to plant the inter-tidal area with Spartina 12" on center, ~and as depicted on the plan prepared by Robert H. Fox last dated Febru~f)' 14, 2W6. . h h d t ited if'. d . a 10 aCCOt ance WIt tee al spec lC<ltlons as ptesente 10 . the originating application. . IN WITNESS WHEREOF. The said Board of Trustees here- by causes its Cotf>O.tat~ S~al to be a~xed. and these e!esents to be subscribed by a malority of the saId Board as of t IS dat.e. i r.son(absent) - . Trusi..t . . TERMS and CONDITIONS 'l1je Pecmtttec Edward Werthner t$ditIg ~ 180 Windy Point Lane. Soutl101d . '" N. Y.. IS f'a"' of the coosiden.tloo lor the "".o~ of the Peanlt cloC$ 1JI1dets~ and prescribe to the foI- ~: 1. '!bat the uid JX>ud of Trustees and the Town of Southold are rd~ -from lIlY and all damages, or dalms for cIamages, of suits amiog.. cIltectIy or iaditecdy IS . l"e$IIlt of my o~. adoapetfoancdpuauaotc~.itbIs..~t. .~:~~ ~ ~~ ."!!lI... ~.Ids<< bet own ~ delead any and all JUCh sults'/nlf;loteoiby Ibhd f'otdes, and the said Peunluee ._ fullu.blUty wldt mped thereto. tQ -th~pleteexduslOQ of the.1Iaatd of Tl1I$tCU. of the Town of ~ . 2. Thae this ~ 1$.'. ~d lor .. period of 24: IIlO$. -wbtd1. Js ~ to be tlJe estimated time. required to cDinplete the work In~t\'ed, we' iboald ~ wuranr, tequesC lor III extelISion m.ay be made to the Pow! ~ . blu ~ . 3. TItat chis Peqni( should be retained indefl1>itely, or as long as the ,aM Pettnitcte wishCs . to . ...aln..in the ottuQute or p<<!ject involved, to provide eviden~ to anyone concerned chat auth- ~don was originally obWned. 4, TItat the work involved will be oubject to the ln$pedion and approval ol the Board or la &/lent>, and llOD~llaooe with the provisi.ollS of tbe orlginadog applic:atloa, may be c:alJ$<! fOt moc:auon of chis l'umit by resol"uoo of the <aid Board. S. That there will be no unteasODIble ineerference with navigation as . result of the work , betdn aUthorized. 6. That there shall be 00 interference with the right of the pubUc to pass and repass aloog , the beach ~ fIl8h and low water marks. 7. That if future opentions of the Town of South9ld rtqalre the -.J. and/or altentloas In the lQcatloa. of the work bereln .~ (\, or If, In the oplnioo. oldie. Board of TrustcCf, die . wod:. shall cause anreasooable obsttuctlOo to free aa"tigatloa, the said Pct:mI.Itee will be R<JUhed, apoo..ctue notice, to remove or aleer this 1<'Ode or project herein sl*d witbol.lt ~I to the Town' . of SoIathold. . 8. That the aid Board will be notified by the I'umi~ ot the ~0Il of the wodr auth- orbed. 9. That the.Permlttee will dltaln. all other pamlts and _li.dJat IJJay be required suP:- plemenW to chis permit ~ maybe subject to l'eYCI!<e upoo fallare to obtdn_ - - '. . . James F. King, President Town Hall Jill M. Doherty, Vice-President 53095 Route 25 Peggy A. Dickerson P.O. Box 1179 Southold, New York 11971-0959 Dave Bergen John Holzapfel Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD February 15, 2006 Patricia C. Moore, Esq. 51020 Main Rd. Southold, NY 11971 RE: EDWARD WERTHNER 180 WINDY POINT LANE, SOUTH OLD SCTM#78-6-3.3 Dear Ms. Moore: The Board of Town Trustees took the following action during its regular meeting held on February 15, 2006 regarding the above matter: WHEREAS, Patricia C. Moore, Esq. on behalf of EDWARD WERTHNER 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 December 5, 2005, 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, 2 . . 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 EDWARD WERTHNER to install a 4'X 12' catwalk with steps to grade and to plant the inter-tidal area with Spartina 12" on center, and as depicted on the plan prepared by Robert H. Fox last dated February 14, 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: $194.00 Very truly yours, J,1:::"g~ '7 President, Board of Trustees JFK/lms . . James F. King, President Town Hall Jill M. Doherty, Vice-President 53095 Route 25 Peggy A. Dickerson P.O. Box 1179 Southold, New York 11971-0959 Dave Bergen John Holzapfel Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: ftiLUaJyJ WUt. hf/..1J\ Please be advised that your application dated /.)..) 'SiC) has been reviewed by this Board at the regular meeting of .:l./ I StOia and the following action was taken: ( 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: <itS-V. OD~ FrMl i~S rc'c-h'(l() 4'ft;)' (h-l:wo.\\( ~ 4~' X! 3.ffi\.\-1. ~ .jr,LfLj..(jO TOTAL FEES DUE: $ 5 V .OD -t .Il:14\.j.DD 0 ~ I qt.f.QO .- BY: James F. King, President Board of Trustees . . James F. King, President Town Hall Jill M. Doherty, Vice-President 53095 Route 25 . P.O. Box 1179 Peggy A. DICkerson Southold, New York 11971-0959 Dave Bergen J h H 1 f 1 Telephone (631) 765-1892 o n 0 zap e Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Southold Town Board of Trustees Field InspectionIW orksession Report Date/Time: 2. - ~ '0 b Name of Applicant: ~ ... "'7, \/'\.....-"'\:...... Name of Agent: ',1), v, Jl " , . A. I". I Property Location: SCTM# & Street W \,-.. .l, J-- L 1\ Brief Description of proposed action: ;IQoCf- I;:: l"-1t Typ)il of area to be impacted: ~~altwater Wetland _Freshwater Wetland _Sound Front _Bay Front Distance of proposed work to edge of above: P~fTown Code proposed work falls under: ~hapt.97 _Chapt. 37 _other Type of Application: ~ etland _Coastal Erosion Amendment Administrative _Emergency Info needed: ( L. " j J- ./..;.. .' ~.., . /. }I \ )'\ '^"-U" l\AAI (.:.....5 ' v, _.--'1 wv'-...L, ch.,<t w Dt., ^' Modifications:~-H-t't _ ~.i) .p L (\~.'i' ch..1 df 7- ~ ?e..",..-""",-\-\ ~.... f-,0V\K v^'^ !Q""\fCIM'-{ Conditions: 1)t.\L~ J 1\ i-"rl4S --lo -JO.. t- ~~/IJ... J Present Were: ~.King ~.DohertY~_Dickerson D. Bergen ~HolzaPfel LOther: ~-\(-:-(\..v- - - - - r Vl.t ,rl"\G1lrc MailedIFaxed to: Date: I feb 8. 2006 Field Inspection. . > ii ~... ~ ~ , , ~ ""~r .. . ~i ,-. . ,~ ... ~ .... . ., - \A.)er fl.,,,, er S O-.A1),p l.\ Wln~ f+ Ln, .. . Telephone Town Hall (631)765-1892 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., January 11, 2006, the following recommendation was made: Moved by Jack McGreevy, seconded by Don Wilder, it was RESOLVED to recommend to the Southold Town Board of Trustees DISAPPROVAL of the Wetland Permit application of EDWARD WERTHNER to install a 3'X 17' seasonal ramp and 5'X 18' floating dock with two 8" dia. piles. Located: 180 Windy Point Lane, Southold. SCTM#78-6-3.3 The CAC recommends Disapproval of the application because the proposed docking facility exceeds 1/3 across the width of the creek and would obstruct navigation from the existing boat ramp. Vote of Council: Ayes: All Motion Carried -' "",oro ~,-.,-, ;=c. ' . - . -, ~ :l ,~ '''';- -- I~ I It." ='" '-- ' "I:: ~~. It 1 ,'C~~-'" tt~ ,., . ~ ," .~.. ' ' '. . . . ".~ ..-' ' ." .. _ .~ .J" - ' '", ~"'. 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C., ' . "I., ." . ,n.;:" --" ,," .' .'p:. "," .', r-- ~ ! moO iP~,~'"""~'''~ ",~\ ";"" '~"" :if'-,'~ "...,." "L,' · .''''' .. "......,. ., ."-- ." , T .._,_.. \,\:,.~ - ""..... :7!~'" ~f' .",' . _~..." t\~' ' "l-- ,,," ~ " ' ,'" - " m=_ ~ .' " ," ,,' ,,' , ','" ,.." ,. '.. "" ~" " . , .. . ' ..... .. - ... . . , ' , " . - . " . .. ' -. ~. " ",,,..' """ . ,.,..... ....... .", ,,__ ,,\ ' ';.J'!i...JI"'''' "'7~'" .o.d . , ,.. .... . .~. ,. ''-f'i/I "'" ~"Il." I .,!l>'l; I .,_ ~.'" "'''Z; r,,'1.""""" ~"'" '" "~,,c.. . .' ~. ,," .. '. . ... . .. . " _", _..." ' "F" . . . "...... __ - ___ .. ,~ u 1""" . . 3fl4l2006 SOUTHOlD TOWN-trustees -194.00 One Hundred Ninety-four and 00/100' -- . ;.;.;.;. - - - --- '___._4"', SOUTHOlD TOWN-trustees PO BOX 1179 SOUTHOLD, N.Y. 11971 SOUTHOlDTOWN-tru&ees 3fl4l2006 194.00 North Fork Bank 194.00 SOUTHOlDTOWN-trustees 3fl4l2006 194.00 North Fork Bank 194.00 . . MAIliNG ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JER1LYN B. WOODHOUSE Southold, NY 11971 Chair OFFICE WCATION: KENNETH L. EDWARDS Town Hall Annex MARTIN H. SIDOR 54375 State Route 25 GEORGE D. SOLOMON (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND South old, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Town of South old Board of Trustees From: Mark Terry, Senior Environmental Planner L WRP Coordinator Date: February IS, 2006 Re: Proposed Permit to Construct a Dock for Ed Werthner SCTM# 1 000- 78-6- 3.3 EDWARD WERTHNER requests a Wetland Permit to install a 3'X 17' seasonal ramp and S'X 18' floating dock with two 8" dia. piles. Located: 180 Windy Point Lane, Southold. SCTM# 78- 6-3.3 The proposed action has been reviewed to Chapter 9S, 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 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 INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. Pursuant to Chapter 9S, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency ofthe proposed action. 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. The 22 foot total length ofthe proposed ramp/float will impede navigation and access of the canal. The width of the creek in this area is extremely narrow at approximately SI feet (2004 aerial photograph interpretation). Additionally, low water depths are insufficient to operate large motorized vessels. The proposed structure is for private use and will not support a pattern of development that enhances community character nor preserves "public" open space. . . Policy 3. Enhance visual quality and protect scenic resources throughout the Town of South old. Policy Standard 3.1 Enhance visual quality and protect scenic resources throughout the Town of Southold including: A. Minimize the introduction of structural design components (including utility lines, lighting, signage and fencing) which would be discordant with existing natural scenic components and character, The action does not meet this policy, conversely, the applicant proposes a structure that will affect the scenic quality of the area. B. Using appropriate siting, scales, forms, and materials to ensure that structures are compatible with and add interest to existing scenic components. The structure scale is inconsistent with the surrounding area. No other ramp!f1oats perpendicular to the shoreline occur in the canal. C. Protect visual quality associated with agricultural land, open space and natural resources. The visual quality of natural resources will be impaired as a result of the action. Policy 5. Protect and improve water quality and supply in the Town of South old. The materials used to construct the dock have not been specified. The use and need for the dock is unsubstantiated. The project area demonstrates shallow water depths. The installation of the proposed structures may promote power boat traffic and the possible following negative impacts may occur from vessel use: Impacts to submerged aquatic vegetation, Contamination from fuel discharges (if power vessels are proposed) Erosion on shorelines, and Re-suspension of bottom sediments and turbidity To fwiher the above policy and to reduce turbidity in the event that the proposed action is approved, the following Best Management Practice is strongly recommended: The encirclement of the entire project area with a floating turbidity screen to remain in place a sufficient number of days to allow the settling of the suspended solids. ,. . . Policy 6. Protect and restore the quality and function of the Town of Southo/d ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. 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. Details regarding the habitat designation and status follow. COASTAL FISH & WILDLIFE HABITAT ASSESSMENT FORM Name of Area: Corey Creek Designated: March 15, 1987 Date Revised: May 15, 2002 County: Suffolk Town(s): Southold 7W Quadrangle(s): Southold, NY Assessment Criteria Ecosystem Rarity (ER)--the uniqueness of the plant and animal community in the area and the physical, structural, and chemical features supporting this community. ER assessment: Small, partially developed creeklmarshlbeach area; not rare in Suffolk County. Species Vulnerability (SV)--the degree of vulnerability throughout its range in New York State of a species residing in the ecosystem or utilizing the ecosystem for its survival. SV assessment: Osprey (SC), least tern (T) and piping plover (E, T-Fed) present historically, but importance of the area to these species is not adequately documented. Human Use (HU)-- the conduct of significant, demonstrable commercial, recreational, or edncational wildlife-related human uses, either consumptive or non-consumptive, in the area or directly dependent upon the area. HU assessment: Clamming is significant at the local level. Population Level (PL)--the concentration of a species in the area during its normal, recurring period of occurrence, regardless of the length of that period of occurrence. PL assessment: Concentrations of scallops significant in Suffolk County. Replaceability (R)--ability to replace the area, either on or off site, with an equivalent replacement for the same fish and wildlife and uses of those same fish and wildlife, for the same users of those fish and wildlife. NEW YORK STATESIGNIFICANT COASTAL FISH AND WILDLIFE HABITAT NARRATIVE COREY CREEK LOCATION AND DESCRIPTION OF HABIT A T: Corey Creek and Beach is located on the southwestern shoreline of Great Hog Neck on Little Peconic Bay, in the Town of Southold, Suffolk County (7.5' Quadrangle: Southold, NY). The fish and wildlife habitat consists of approximately 130 acres of tidal creek, salt marsh, mudflats and beach. The area around the western shoreline of Corey Creek and Moyle Cove is a developed residential area and some portions ofthe creek have been dredged and bulkheaded. The beach is a small sand beach and dredged material area which is somewhat degraded by human disturbance. . . human disturbance. FISH AND WILDLIFE VALVES: The small disturbed tidal creek and beach found at Corey Creek is not a rare ecosystem type but the area functions as an important habitat for a variety of fish and wildlife. Osprey (SC) historically have nested on platforms at this site. A small population of least tern (T) was present on the beach in 1984, but this species was documented only once more through 1996. Piping plover (E, T -Fed) were sporadically documented at Corey Creek beach, ranging from 0-2 pairs annually during the 1987-1996 period. Diamondback terrapin have also been seen but the importance of this area to this species is not well documented. This area may also provide important breeding habitat for horseshoe crab, but additional documentation is required. The creek serves as a feeding area for the osprey along with waterfowl, shorebirds and other wildlife. Waterfowl species observed overwintering in the Corey Creek area include Canada goose, American black duck, mallard, oldsquaw, bufflehead, red-breasted merganser, surf scoter, and common goldeneye. The creek is a productive area for marine finfish and shellfish. The area serves as a important nursery area and habitat for shellfish including bay scallops and hard clams. The creek was once one ofthe top three areas in Southold for scalloping, however there is no longer any scalloping in Corey Creek. It is one of the top clamming areas in the town. The creek area is also locally important for waterfowl hunting. Concentrations of Canada geese at this site currently present a nuisance and water quality problem. IMPACT ASSESSMENT: Anv activitv that would substantiallv degrade the water qualitv in Corev Creek would adverselv affect the biological productivitv of this area. All species offish and wildlife would be affected by water pollution such as chemical contamination (including food chain effects resulting from bioaccumulation), oil spills, excessive turbidity, stormwater runoff, and waste disposal. It is essential that water qualitv be maintained in the area to protect the bav scallop fisherv. The Town of Southold recommends that use of sprinklers and lawn chemicals be minimized or prohibited on creek waterfront property. Alterations of tidal patterns in Corey Creek (e.g., by modifying the inlet) would have major impacts on the fish and wildlife species present. Dredging in the creek should be scheduled from September 15 through December 15 to minimize potential impacts on aquatic organisms and to allow for dredged material disposal when wildlife populations are least sensitive to disturbance. Dredged material disposal that alters the creek inlet or tidal flow would negatively impact the habitat value ofthis site. Barriers to fish migration, whether physical or chemical, would have a major impact on the fisheries of Corey Creek. Restoration of fisheries habitat through removal of such barriers. or other means, should be considered for Corey Creek. Elimination of salt marsh and intertidal areas, through dredging, loss oftidal connection, excavation or filling, would result in a direct loss of habitat area. Construction of shoreline structures such as docks. piers, bulkheads or revetments, in areas not previously disturbed by development (e.g., natural beach or salt marsh) may result in a loss of productive areas which support the fish and wildlife resources of Corey Creek. Alternative strategies for the protection of shoreline property should be examined, including innovative, vegetation-based approaches. Control of invasive nuisance plant species, through a variety of means, may improve fish and . . wildlife species use of the area and enhance overall wetland values. Unrestricted use of motorized vessels including personal watercraft in the protected. shallow waters of bays, harbors, and tidal creeks can have adverse effects on aquatic vegetation and fish and wildlife populations. Use of motorized vessels should be controlled (e.g., no wake zones. speed zones. zones of exclusion) in and adjacent to shallow waters and vegetated wetlands. Nesting shorebirds inhabiting Corev Creek are highlv vulnerable to disturbance bv humans. especiallv during the nesting and fledging period (March 15 through August 15). Significant pedestrian traffic or recreational vehicle use of the beach could easily eliminate the use of this site as a breeding area and should be minimized during this period. Recreational activities (e.g.. boat and personal watercraft landing. off-road vehicle use. picnicking) in the vicinitv of bird nesting areas should be minimized during this period. Predation of chicks and destruction of eggs or nests by unleashed pets (e.g., dogs, cats) and natural predators may also occur, and predator control should be implemented where feasible. Fencing and/or continued annual posting of shorebird nesting areas should be provided to help protect these species. Control of vegetative succession, through beneficial use of dredged material or other means may improve the availability of nesting habitat in this area. The Corey Creek site is particularly disturbed by use of off-road bikes and other vehicles; recreational vehicles should be prohibited from the area during the March 15-August 15 shorebird nesting period. The proposed construction practices ofthe dock have not been identified. It is recommended that the applicant identifv the proposed construction practices. Activities during dock construction can destroy vegetation either above or below the tide line by pulling them from the substrate or destroying their root system. The peat beds underlying salt marshes can also be compacted through the improper use of heavy equipment. In sea grass beds, the installation of pilings may have immediate impacts as well as cause long- term changes. Installation through "jetting" with high-pressure hoses typically disturbs a surrounding area- depopulating grasses there prior to construction. Once areas are depopulated, the presence of pilings may lessen chances of regrowth. Beal, Schmit, and Williams (1999) suggest that changes in seagrass communities in the vicinity of pilings may be caused by the modification of currents, sediment deposition. attraction ofbioturbators, and leaching from chemicallv treated wood. Both marsh grasses and sea grasses have adapted to living in extended periods of sunlight. Their photosynthetic pathways vary from many terrestrial plants allowing them to be highly productive in their natural settings. Shading can have significant impacts on the health and productivity of these plants. It is recommended that the Board minimize shading from dock structures to the greatest extent possible. Based upon the above the action is inconsistent with the following policy standards. Policv Standards 6.1 Protect and restore ecological quality throughout the Town of South old. The proposed action does not propose a restoration plan of areas that may be impacted (if any) during construction. . . 6.2 Protect and restore tidal andfreshwater wetlands. The proposed action may result in a net loss of tidal wetlands. 6.3 Protect vulnerable fish, wildlife, and plant species, and rare ecological communities. No desil!:n or construction mitil!:ation or best manal!:ement practices have been proposed to minimize adverse impacts to the l!:reatest extent possible. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See Policy 5 response above. Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of South old. 9.4 Assure public access to public trust lands and uavigable waters. A. Provide free and substantially unobstructed passage along public trust shorelands. 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 high water for navigation, recreation. and other public trust purposes, including the incidental rights of public anchoring. 2. Permit limited obstruction of public use, including navigation, III navigable waters: a. for water-dependent uses involving navigation and commerce which require structures or activities in water as part of the use. b. for commercial recreational boating facilities, provided that the loss of navigable waters and use of underwater lands is offset by sufficient public benefits. c. in order to gain reasonable access to navigable waters from riparian lands. 3. Obstruction of navigable waters and underwater lands is limited: a. to the extent that it interferes with commercial navigation. The right of commercial navigation is superior to all other uses on navigable waters and may not be obstructed. 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 oftidal water level fluctuation, (iii) the size and nature of the body of water, (iv) the nature of public use of the adjacent waters, . . (v) the traditional means of access used by surrounding similar uses, (vi) whether or not alternative means to gam access are available. Piers, docking facilities, and catwalks must not result in an unnecessary interference with use of public trust lands. Alternatives to long piers or docks include use of dinghies to reach moored boats and mooring in nearby marinas. Dredging solely to accommodate the draft of larger boats is not a recommended alternative. c. by extent and characteristics of the developable adjacent upland area and its ability to support in-water development for the water- dependent use. c. by potential adverse effects on natural resources and their uses, and d. by potential adverse effects on public safety. 4. Structures extending beyond the minimum necessary for access to navigable waters impair public trust interests and open space values associated with the water's surface. Allow such structures only in the following circumstances: a. when necessary for practical and convenient operation of water- dependent industry or commerce. and provided that obstruction of commercial navigation does not result. b. for commercial recreational boating facilities provided that: (i) the loss of navigable waters and use of underwater lands is offset by sufficient public benefit, and (ii) obstruction of commercial navigation does not result. c. when the principal purpose of the structure is necessary: (i) to provide public access for recreational uses (ii) for improvements for navigation (iii) for protection from coastal hazards, or (iv) for essential public transportation and transmission facilities. 5. Ensure that navigable waters and marine navigation, whether on land or sea, are not obscured or rendered ineffective through poorly placed or directed lighting. The proposed action will remain private and will not support a pattern of development that enhances community character nor preserves "public" open space. In addition the proposed will impede navigation of vessels within the canal. Policy 10. Protect Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. Due to environmental constraints of this location (tidal wetlands, shallow water depth, narrowness of the creek in the area) this area may not be suitable for the construction of the proposed action. The applicant currently enjoys access to the water. 10.3 Allow for continuation and development of water-dependent uses within the existing concentration of maritime activity in harbors, inlets and creeks. . . A. Ensure that vublic actions enable these harbors. inlets and creeks to continue to function as concentrations of water-devendent uses. B. Protect and enhance the economic. vhvsical. cultural. and environmental attributes which make uv the character of these harbors. inlets and creeks. lOA Minimize adverse impacts of new and expanding water-dependent uses and provide for their safe operation. A. Limit the potential for adverse impacts associated with development of a new water- dependent use by promoting the location of new development at appropriate sites. Appropriate sites include: 1. sites which have been previously developed, 2. sites which reqUire minimal physical alteration to accommodate development, 3. sites that already possess public infrastructure or locational characteristics that would support a water-dependent use. B. Avoid develovment of new water-devendent uses at sites that are located outside of the traditional concentrations of water-devendent uses or at sites that exhibit imvortant natural resource values or where the vrovosed use will cause sifmificant adverse affects on community character. surroundinf! land and water uses. or scenic Qualitv. Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. C. Foster the occurrence and abundance of the Town's marine resources through: 1. protection of spawning grounds, habitats, and water quality, 2. enhancement and restoration of fish and shellfish habitat. 11.2 Provide for commercial and recreational use of the Town of Southold's finfish, shellfish, crustaceans, and marine plants. A. Maximize the benefits of marine resource use so as to provide: 1. a valuable recreational resource experience, 2. viable business opportunities for commercial and recreational fisheries. C. Protect the public health and the marketability of marine and fishery resources by: 1. maintaining and improving water quality of fishery and marketable marine resources to protect public health. Policy 12. Protect agricultural lands in the Town of South old. This policy does not apply to this action. Policy 13. Promote appropriate use and development of energy and mineral resources. . . . This policy does not apply to this action. It is recommended that the Board of Trustees require the followinl! outstandinl! items and issues he submitted and resolved to further the policies and intent of the Town of Southold Local Waterfront Revitalization Prol!ram: 1- The proposed action is located adiacent to Corev Creek. a listed New York State Critical Environmental area and Sil!nificant Coastal Fish and Wildlife Habitat Area and Critical Environmental Area. 2. The 22 foot totallenl!th of the proposed ramp/float will impede navil!ation and access of the canal. The width of the creek in this area is extremelv narrow at approximatelv 51 feet (2004 Aerial photol!raph interpretation). 3. Based upon the proposed lenl!th the proposed action does not complv with Section Ii 97-27. Construction and operation standards of the Town of South old Town Code. 4. Bv nature ofthe location ofthe parcel the applicant currentlv eniovs access to the water. The use and need of the dock have not been identified. Please have the apvlicant identifv the use and establish the need. 5. Low water devths are insufficient to operate larl!e motorized vessel. 6. The dock structure is out of scale with surroundinl! structures and could hinder navil!ation and access of the canal. No other ramv/floats verpendicular to the shoreline occur within the canal. 7. The proposed construction methods and timber materials have not been identified. 8. The avvlication does not propose mitil!ation to areas impacted throul!h the construction of the dock or construction best manal!ement practices to minimize adverse impacts to the l!reatest extent possible. (Turbiditv controls etc...) Correspondingly, the potential impact of any Unlisted Action on the environmental characteristics of the Coastal Environmental Area is a relevant area of environmental concern and must be evaluated in the determination of significance prepared pursuant to Section 617.7 of SEQR. Please contact me at (631) 765-1938 if you have any questions regarding the above. Feb 02 06 03:53. Moore Law Office .631 765 4643 f'. 1 PATRICIA C. MOORE Attomcy at Law 51020 Main Road Soulhold, New York 11971 Tel: (631) 765-4330 Fax: (63]) 765-4643 Margaret Rutkowski St.."Cretary Fe.bruary 2, 2006 Southold Town Trustees P,O.Box 1179 Southold TOwn Hall Main Road, f'CII 0 2006 - J Southold, NY 11971 By Fax 765-6641 Re: Ed Werthner Propert y: 1000-78-6-2,3.1 Dear President King and Board: As we discussed at the last hearing, during the construction of the bulkhead the contractor allowed fill to enter the canal adjacent to the bulkhead. We would ask to remove this fill in order to return the property to it's original condition. We discussed meeting at the site during your field inspection. Please advise me of the time so that we can coordinate the meeting. Very truly yours, -, .,..' .' // p' f /"'~'/ ,',- -., ,<' " "" , ./ ,.~ >----- c-""'/ '.. .Patricia C. Moore . . MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B. WOODHOUSE Southold, NY 11971 Chair OFFICE WCATION: KENNETH L. EDWARDS Town Hall Annex MARTIN H. SIDOR 54375 State Route 25 GEORGE D. SOLOMON (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Town of South old Board of Trustees ~ From: Mark Terry. Senior Environmental Planner '. L WRP Coordinator 1,\ UF",', Date: January 17,2006 Re: Proposed Permit to Construct a Dock for Ed Werthner SCTM#1000-78-6-3.3 EDWARD WERTHNERrequests a Wetland Permit to install a 3'X 17' seasonal ramp and 5'X 18' floating dock with two 8" dia. piles. Located: 180 Windy Point Lane, Southo1d. SCTM#78- 6-3.3 The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of South old Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. It is mv determination that the L WRP Consistency Assessment Form snbmitted to your department. is incomplete: all policv Questions except 1 and 3 were marked "Not Applicable". A recommendation cannot be given to the Board at this time. Please have the applicant assess if the proposed action will or will not support the L WRP policies outlined in Section III and resubmit the form to your departmeut. Please be advised that the proposed action is located within Corey Creek, a listed New York State Critical Environmental Area and Significant Coastal Fish and Wildlife Habitat Area. Please contact me at (631) 765-1938 if you have any questions regarding the above, . , . . Albert J. Krupski, President Town Hall James King, Vice-President 53095 Route 25 Artie Foster P.O. Box 1179 Ken Poliwoda Southold, New York 11971-0959 Peggy A. Dickerson Telephone (631) 765-1892 Fax (631) 765-~bb'll BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only _Coastal Erosion Permit Application vWetIand Pennit Application Administrative Permit AmendmentlTransftS!i.xtr-Sion /Rcceived Application: /J (1 VReceived Fee:$ a"iD" _ ~mpleted Application I()./ \70\ ~Incomplete _SEQRA Classification: Type I_Type 1I_ Unlisted C .. 5 Coordination:(date sent) ...e-AC Referral Sent: 17/7 /0 S lhte oflnspection: I I rl OJ, -Receipt ofCAC Report: . _Lead Agency Detem1ination;~ Technical Review: 1 I ....public Hearing Held: I. 18/fh Resolution: - rzf ,,/ Name of Applicant ({hvAR D wE'R.. T II fi~ R.. ~ ~ /" Address I~(:' 1A/;IiO y POll? r L/fl'jf . / Phone Number:~() 1t.(' - '1~/O . Suffolk County Tax Map Number: 1000- 79 - c: - '"') .~ ...'1 c.... Property Location: n 7J 0 Vc. Bd 'NtFtv 7<.0. , AGENT: p t9 T R.. / C //1 C I/JDO R E- (If applicable) ~ Address: -j . - MI1/t( pORD, ,(")Ql/rlloj..,~ Iff 9~~(/J~ ~) c:>.~ C> Phone: IJ [)'- 1/:1/6-- 4Itoard of Trustees APPlica~n GENERAL DATA Land Area (in square feet): ::). D, ,~. 'is () , Area Zoning: /<-1-/0 Previous use of property: Rf.>i O~f! TI r)L.- Intended use of property: R i,:>/f)f It ( ill/.-- Prior permits/approvals for site improvements: Agency Date - -,--No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or susp~ by a governmental agency? . No Yes If yes, provide explanation: - Project Description (use attachments if necessary): fKo PosIj) 5CI15orft4L- f? /9/n P (I X.III ) J- (1- () 17 r (, ,')-/ 'f I f}i) W/ III (.?) / . <;?' Jhl1, -P/L[S <T ,<; Tc.J P I C t9BLt!S.J- RI/fG~ (Sf!: fi- ;41/ t/ If: f4/ ) ~oard of Trustees APPlica~n WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: sot: 1150 ii /)L R f)mf d- F LOfr r feR L) v...-r/ rJ:'..s 15 cd1 r Area of wetlands on lot: 6c.Je square feet Percent coverage of lot: -'02...1 % Closest distance between nearest existing structure and upland edge of wetlands: 7D feet Closest distance between nearest proposed structure and upland edge of wetlands: D 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: feet Proposed slope throughout the area of operations: () Manner in which material will be removed or deposited: Statement of the effect, ifany, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): rio/If- , - I 4Itoard of Trustees APPlicalltn COASTAL EROSION APPLlCA nON DATA Purposes of proposed activity: .5f /} ,) 6 N 1'7- L f? !1MP d- .r:L 0 frl fl.> K 130 14 r Are wetlands present within 100 feet of the proposed activity? No ~s - Does the project involve excavation or filling? _LNo Yes If Yes. how much material will be excavated? (cubic yards) How much material will be filled? (cubic yards) Manner in which material will be removed or deposited: Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) (f6rfL 617.20 . SEQR PROJECT 10 NUMBER APPENDIX C STATE ENVIRONMENTAL QUALITY REVI EW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1 - PROJECT INFORMATtON ( To be completed by Applicant or Project Sponsor) 1 APPLICANT / S~R 2. PROJECT NAME 3 PROJECT LOCATION: Municipality Sea County 5L1 fC)LK 4. PRECJSE LOCATION: Street Addess and Road Intersections. Prominent landmarks etc ~ or provide map pc>/ rt T 1.- ;t!j f. i . IV) rI]) C/o SO((/rJ of mrM1 [3/7jl/lf.w Rn. 5 IS PROPOSED ACTION' gNew D Expansion o Modification I alteration 6. DESCRIBE PROJECT BRIEFLY: _ PRopose)) Sit7Sc'rlt9L- RfJr;P(3JJ-/7')rftoI'9-T (51 J/<{,') WiTIt c..::z..) ~'I j)/IJ. P,J-f5J- STC)P c'::" ~ 13 1- ES'J- R II! G .5 7. AMOUNT OF LAND AFFECTeD' . ~ . ~r. Initially:2.o S~~ ~ 7 Ultimately :J..c .:1l'" ~ B. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? ~Yes o No If no, describe briefiy: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) ..l8] Residential o Industrial o Commercial DAgriculture 0 Park I Forest I Open Space o Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Locar) DYes DNO If yes, list agency name and permit I approval: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? DYes ~NO If yes, list agency name and permit I approval: 12 AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT I APPROVAL REQUIRE MODIFICATION? Ges DNa I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE AppliCant I Sponsor ~ame 1 Date: ~ / /0 .<. ({ OJ- Signature - If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment . . . PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FUll EAF. DYes DNa B WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration may be superseded by another involved agency. DYes DNa c. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quaHly or quantity, noise levers, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: I I C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: I .. - -- I C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened Dr endangered species? Explain briefly: I I C4_ A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: I I CS. Growth. subsequent development. or related activities likely to be induced by the proposed action? Explain briefly: I I C6. Long term, short term, cumulative, or other effects not identified in Cl.CS? Explain briefly: I I C7 Other imoacts (including changes in use of either uantitv or tvpe of energv? Exolain brieflv: I I D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? ~lfyeS, explain briefly: DYes D No I I E IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RE~TED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If yes explain DYes D No I. . . . I PART 11I- DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreverSibility; (a) geographic scope; and (f) magnitUde. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics aftha CEA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FUL EAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed actio WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting thi determination. Name of Lead Agency Date Print or 1 ype Name of ResponSible Officer .n Lead Agency Title of Responsible Officer Signature of ResponSible Officer in Lead Agency Signature of Preparer (If different from responsible officer) . . PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax:: (631) 765-4643 February ~1 2006 Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 RE: Emil'ARD WERTHNER Premises: WINDY POINT ROAD . SCTM: 1000-78-6-3.3 . Dear Sir or Madam: Enclosed please find the Affidavit of and green receipt card for the above referenced matt LA bp Enclosures PATRICIA C. MOORE 4. Restricted Delivery? S. Service Type 51020 MAIN ROAD (Extra Fe.) DYes CERTIFIED SOUTHOLD NY 11971 2. Article Number 7192 6463 3110 DODD 0195 111I1111111111111 III 11111111111111111111 7192 6463 3110 0000 0195 1. Article Addressed To: I D.Addrassee'sAddress (KD~~ DONNA COOK . ,-~' 6900 MAIN BAYVIEW ROAD I SOUTHOLD NY 11971 I .'Sec"gndiiij--Addrei.-/"siilie-i-;.;pt:-i--FiOoi-ifi;eit"ii'--p;fni'c;nrlyj I .................m..........m................................................. I Oellvery Addr... I ...........m..............................\I.l.l.l,u.l1ljil.llu,J.u 11,\" \"1,111,, "" 1111", II"" I"~ II City Stet" ZlP+4Code I . . BOARD OF TRUSTEES TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF SIGN EDWARD WERTHNER POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-78-6-3.3 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, PATRICIA C. MOORE, residing at 370 Terry Lane, Southold, New York being duly sworn, depose and say that: On the 6th day of February, 2006, I personally posted the property known as Wind Point Lane, Southold, by placing the board of Trustees official Poster where it can easily be seen, and that I have checked to be sure the post has remained in place for eight (8) days prior to tt'le date of the public hearing. Date of Hearing to be held on Wednesday, JaALlBry 15, 2006 on or about 6:30 p.m. (G.E,~Al.'1 //~ ~icia C. Moore Sworn to before me this / '-/ ,.y-y of Jtlfl !,j:A!:y, 2006 ./ r~ / t..-...., /1 /,1 _"_HI -.--",--- MD. O1PE 813QlS31 _....-eaunor 2 Y19 CammiIIion~~1. ( . ~ . . PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax:: (631) 765-4643 February 3, 2006 Board of Trustees Town of Southold P . O. Box 11 79 Southold, NY 11971 RE : EDWARD WERTHNER Premises: WINDY POINT ROAD SCTM: 1000-78-6-3.3 Dear Sir or Madam: Enclosed please find the Affidavit of and certified mail receipt for the above referenced mat Very} / i Patricla !BY: Betsy LA bp Enclosures . . . SOARD OF TRUSTEES TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------)( In the Matter of the Application of AFFIDAVIT OF EDWARD WERTHNER MAILING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-78-6-3.3 ---------------------------------------------------------------)( COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Setsy Perkins, residing at Mattituck, New York, being duly sworn, depose and say that: On the 2nd day of February, 2006, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to the neighbor listed below: Donna Cook 6900 Main Sayview Road Southold, NY 11971 sctm: 1000-78-6-9.2 & 9.3 Attached hereto is the white receipt post- uthold Post Office on said date. "/ I " / , ~t> Sworn to before me this .3- day of February, 2006 ~e~' ( otary Public) MARGARET C. RUTKOWSKI Notary Public, State of New York No. 4982528 Qualified In Suffolk County(;l.Oo 7 . ~Wi~rrc June 3, PLEASE list, on the back IS I I or on a sneet of paper, the lot numbers ne)(t to the owner names and addresses for which notices were mailed. Thank you. . . . . I 1 RECEIPT \ 71926463311000000195 FROM: 1 PatnciaC. Moore \ RE: WERTHNER TRUSTEES H \ \ SEND TO: I DONNA COOK \ 6900 MAIN BAYVIEW ROAD SOUTHOLD NY 11971 I I FEES: I pqsta!;je ,1:' 0.39 I ~rtifiedf'ee \4~O ~tu~ Rece~P-\ I ~~. 5 I Rltstncled ~l-"l i I T~~~54 I p~O ATE I \ I 4Ilard of Trustees ApPlicat~ County of Suffolk State of New York ~ Ih;,avr Frl.- ~~. BEING DULY SWORN DEPO AFFIRMS mAT HFJSHE IS THE~ FOR THE ABOVE DESCRIBED PERMIT(S) AND mAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND mAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN TIllS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIM:S ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING TIllS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTIONWI1H~;,:~:PLICATION ~ Signature SWORN TO BEFORE ME THIS I~ DAYOF M~ ,20t?j- _A_ ---"'-- ....-- ~~~ 4i'oard of Trustees APPlica~ .' AUTHORIZATION (where the applicant is not the owner) I, t! J) ~v Ii J~ j) 11/ E ~ I J-J rJ E Kresiding at D ~J j rI .D (print owner of property) (mailing addres _po/Ii / J~Dt4/~ SOl/THo/.-.j)do hereby authorizeJ/7TR/c//9 (Agent) ". Yh 00 FZ~ C-,. to apply for permit(s) from the Southold Board of Town Trustees on my behalf. ?~~... / 8 , . . PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax:: (631) 765-4643 January 2006 Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 JAN 1 8 2006 RE: EDWARD WERTHNER Premises: WINDY POINT ROAD SCTM: 1000-78-6-3.3 Dear Sir or Madam: Enclosed please find the Affidavit of mailing and certified mail receipts for the above referenced matter. Very truly yours, patricia c. Moore By: Betsy Perkins, LA bp Enclosures . . BOARD OF TRUSTEES TOWN OF SOUTHOlD: NEW YORK ---------------------------------------------------------------)( In the Matter of the Application of AFFIDAVIT OF EDWARD WERTHNER MAILING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-78-6-3.3 ---------------------------------------------------------------)( COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Betsy Perkins, residing at Mattituck, New York, being duly sworn, depose and say that: On the 9th day of January, 2006, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAil, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to the neighbors on the attached list. Attached hereto is the white receipt pos old Post Office on said date. ''irT 1-/ Sworn to before me this / day of January, 2006 ~(I:~~ ( otary Public) MARGARET C. RUTKOWSKI Notary Public, State of New York No. 4982528 Qualified in Suffolk County i9- 00 7 Commission Expirea June a. . PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers ne)(t to the owner names and addresses for which notices were mailed. Thank you. NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD BOARD OF TRUSTEES at the Town Hall, 53095 Main Road, . Southold, New York, concerning this property. OWNER(S) OF RECORD: Ed.uard ~r..r SUBJECT OF PUBLIC HEARING: .r~~ 'tA ,,,' ~Mf A~ ~' \1' +)ef'''' dac.k WiH\ \Oral'. ~"U4\1.l If, iCQ(" On or aIoCM,t ,,~ ' If you have an interest in this project, you are invited to view the Town file(s) which are available for inshection ~rior to the day of the hearing during normal business days between the ours 0 8 a.m and 4 p.m. BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631 ) 765- 1892 . . . I \ RECEIPT I RECEIPT I RECEIPT 71926463311010001618 I 71926463311010001632 I 71926463311010001625 FROM:. . FROM: FROM: ~~O~/'" I Patricia C. Moore I PatriciaC. Moore ~rth'nerT~~.H8~ng I RE: WerthnerTrustees Hearing \ RE: Werthner Trustees Hearing "I ;::>;' '\ 0, f \ I I .,.; 0) 11,:" 0\ J ,':;l. I - I SENS)\TO: i$ ,:OJ SEND TO: s-m-~ J. MccgNN.tl I I THE MICCICHE LIVING TRUST 6750 Al~YVIT::w ROAD I \ 89 HARVARD AVE SOUTHOLD NY 11971 SMITHTOWN NY 11787 I I FEES: I \ FEES: _ _" Postage 0.39 I I postage ~/~ ~ yo.~ Certified Fee 2.40 I Certified Fer.' ~.___"2,.: &'. RetumReceipt 1.85 I ReturnRe~~ 1.8,,,-""', Restricted Restricte'::r' / ,,~~,"" TOTAL $ 4.54 I TOTAL $ 4.64 I TOTAL ,..' $~14 POSTMARK OR DATE I POSTMARK OR DATE I POSTMa,~Q,i~ATE ,I . I I ',"'I, /~") / ....... ......,. I I _....G~.;)'" I I ! I , . . . WERTHNER NEIGHBOR LIST SCTM: 1000-78-6-3.3 STEPHEN J. MCCONNELL 6750 MAIN BAYVIEW ROAD SOUTH OLD NY 11971 1000-78-6-1 THE MICCICHE LIVING TRUST 89 HARVARD AVE SMITHTOWN NY 11787 1000-78-6-4.1 DANIEL W. STEGNER PATRICIA STEGNER 470-12 WINDY POINT LANE SOUTH OLD NY 11971 1000-6-10.3 ~ . . PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax:: (631) 765-4643 January 6, 2006 Board of Trustees Town of Southold P.O. Box 1179 It,'.1 .- 2005 u;';Jl Southold, NY 11971 RE: EDWARD WERTHNER Premises: 180 WINDY POINT LANE, SOUTH OLD SCTM: 1000-78-6-3.3 Dear Sir or Madam: Enclosed please find the Affidavit of Posting and certified mail receipts for the above referenced matter. Very truly yours, Patricia C. Moore By: Betsy Perkins, LA bp Enclosures . . BOARD OF TRUSTEES TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF SIGN EDWARD WERTHNER POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-78-6-3.3 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, PATRICIA C. MOORE, residing at 370 Terry Lane, Southold, New York being duly sworn, depose and say that: On the 10TH day of January, 2006, I personally posted the property known as Wind Point Lane, Southold. by placing the board of Trustees official Poster where it can easily be seen, and that I have checked to be sure the post has remained in place for eight (8) days prior to the date of the public hearing. Date of Hearing to be held on Wednesday, January 18, 2006 on or about 7:00 p.m. (~ . Patricia C. Moore _A_ ..., F\d1O, __ ~....,. ~01~~...... 20/)( -_..-.~ . . PATRICIA C. MOORE .. Restricted Delivery? S. Service Type I A TTORNEY AT LAW / '(Extr. "..} 0 Y.. CERnFIED I 51020 MAIN ROAD SOUTHOLD NY 11971 I , 7192 6463 3110 1000 1618 I I I 1111111111111I11111111111111 111111 I I 7192 6463 3110 1000 1618 I I C. Date of Delivery 1. Article Addressed To: I STEPHEN J. MCCONNELL I D.Addressee'sAddress (II~F1OtIlAdrkH.lhedbys.nftl1 6750 MAIN BAYVIEW ROAD I SOUTHOLD NY 11971 I '-s-';~oiiii.iY'-Mijrii..'rS;:jlie-i-APi:-;'Fioiir'(PiH-..'-Piitii-cie"iii I ..ei.iiveiy..Add.;...---........................---......................--.-... I I .c.li.:,...................................... "S;';i;' ..........Zip.:;..4.Cod.; I j . , PATRICIA C. ~ 4. Restricted Delivery? a. Service Type ATTORNEY AT LAW (Ex... "..} 0 Y.. CERTIFIED 51020 MAIN ROAD SOUTHOLD NY 11971 2. Article Number 7192 6463 3110 1000 1625 111111 1111111111111I11111111I11111111111 7192 6463 3110 1000 1~25 1. Article Addressed To: I D. Addressee'sAcldress (IID/tfeMntFIOtfIAddrH.U..dbys.ndell THE MICCICHE LIVING TRUST I 89 HARVARD AVE SMITHTOWN NY 11787 I ..s.,;coi..li,;r;-.Adirrii..-j.&.jj;iTAPi:.j..Fi.;C;;.'p;e;,.....Priifi.ci..;riJ I J ..iieiiv-.;ry..Allii;;;..------...........................--.---...........--...... I ............................................ ....... ............................ Clly St.I. ZIP+4 Cod. .- I . Town of South old . . . L WRP CONSISTENCY ASSESSMENT FORM f' . ~ . C ;-' '~ ., A. INSTRUCTIONS 1. 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. 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 South old 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 LWRP 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# 1<6 -elL -3.3 [J) i-v 11 R J) WERTHfiER -- The Application has been submitted to (check appropriate response): Town Board 0 Planning Dept. 0 Building Dept. 0 Board of Trustees ~ 1. Category of Town of South old agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital 0 construction, planning activity, agency regulation, land transaction) 0 (b) Financial assistance (e.g. grant, loan, subsidy) (c) Pennit, approval, license, certification: J21 Nahrre and extent of action: p~ OPOse 1) RI}h}P (:1')(} 7' ) cJ-. SE 11$ C> Ii 111- F Lo17 T (5-1 'j..J)s'I) Wi} /I (1.) ~;/ Y/I1. PtL/3sq:- .sTar c:: fiB .LE--S + R JIic-..5- 0~E PUll'{ ViE/4/) I ~o . Location of action: 'w'i'r-{) j Po/iiI L fjr/ L I SOL} rtfoL fL Site acreage: ::L6,5'<t"" $y, S:r J Present land use: fE.S" I)frjTI r}'- Present zoning c1assification:--R - 4 6 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: E .D wri~p Ityff?. rHrtEf< (b) Mailing address: I <(So i-1./l1i I) 'I po /rt I 1- l7iiE . I . SL> II r/lol-D tit //17/ , (c) Telephone nwnber: Area Code ftJ;) 7t5'- q if/ D (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes 0 No IS(! If yes, which state or federal agency? 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. lRJYes 0 No D Not Applicable ~ T?C3 ft I j)()CK fY1 tJ-JlE..s {3t:r!e,c/c 19L. LJ_5E 0;::' /J !':o_'SrI"JL LaC/TrIOd <:J- ETjIl/'f/'fcfi.<'~ CCIJt#JUI'JITY <'-If"'/ lie /' E j{ .f? y IJJ7 /:1//-1 7/J//i//YG' J7fr-: R r&iI?'c/yl//i-L 1'I.+i-/..u/3.. r"r 71-115 YV/tT/?.<."~;eoiY r G.6/J1h'} tiN I TJ. Attach additional sheets ifnecessary Policy 2. Protect and preserve historic and archaeological resources of the Town of South old. See L WRP Section III - Policies Pages 3 through 6 for evaluation criteria DYes 0 No jgJ Not Applicable . . - Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See L WRP Section III - Policies Pages 6 through 7 for evaluation criteria i;Zl Yes 0 No 0 Not Applicable tI.. - E ~ E r ~/5 ~cJ cl WILL- -~~t~ {j~)i~~/ft+}/'~~~'lrtt~~~ - _~Ej%7ff l~}~;~/\~~[~' G f-/ft/.:.ft cTfJ<. Cf THIS RE5//J6FtT1ftL 7culE., Attach additional sheets if necessary 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 DYes 0 No Qg Not Applicable Attach additional sheets jf necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See L WRP Section III - Policies Pages 16 through 21 for evaluation criteria DYes 0 No ~Not Applicable Attach additional sbeets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See L WRP Section 111 - Policies; Pages 22 through 32 for evaluation criteria. DYes 0 No 0. Not Applicable . . Attach additional sheets if necessary Policy 7. Protect and improve air qnality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. DYes 0 No G2L 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 L WRP Section III - Policies; Pages 34 through 38 for evaluation criteria. DYes D No !Xl Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources ofthe Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. o YesD NO~ Not Applicable Attach additional sheets ifnecessary 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 D No [- Not Applicable . . . -,lltf' (:f':> JPt,1fil'lL ~OC~ p;< D /1j 0 Tf".5 -~-- Vrir/G of; Vl/ttTcK Of Pftt DEI17 C1 <,- ;:; s- / ./7 Sq f rlfJl-t::. LQcnr/6rj""i.. Attach additional sheets if necessary Policy 11. Promote sustainable nse of living marine resources in Long Island Sound, the Peconic Estnary and Town waters. See L WRP Section III - Policies; Pages 57 through 62 for evaluation criteria. DYes D NomNotApPlicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of South old. See L WRP Section III - Policies; Pages 62 through 65 for evaluation criteria. DYes 0 No,.0NotAPplicable Attach additional sheets ifnecessary 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. DYes 0 No ~ Not Applicable . . PATRICIA C. MOORE Attorney at Law 5 I 020 Main Road Southold. New York 11971-4616 Tel: (63 I) 765-4330 Fax: (631) 765-4643 Robert G. Kassner Margaret Rutkowski Legal Assistant Legal Secretary November 18, 2005 r ,\ -"._-- . " . " , Board of Town Trustees , Town of Southold 53095 Route 25 , DEe - 5 2005 I P.O.Box 1179 I Southold, NY 11971-0959 [ L......-_.__ I , -_..-- '"..... I I L....._____..___ , Re: Edward Werthner .. --- ------.___u____J SCTM# 1000-78-06-3.3 Construction of dock Dear Sir/Madam: As requested, enclosed please find two copies of the application and fee in the amount of $250.00 for the above project. A copy of the Local Waterfront Revitalization Plan (L WRP) is also enclosed for your use. If you have any questions, or require additional data, please contact this office. cc: Edward Werthner Enc!. . . PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971-4616 Tel: (631) 765-4330 Fax: (631) 765-4643 Robert G. Kassner Margaret Rutkowski Legal Assistant Legal Secretary December 22, 2005 Board of Town Trustees Town of South old 53095 Route 25 P. O. Box 1179 Southold. NY 11971-0959 Re: Edward Werthner SCTM# 1000-78-6-3.3 180 Windy Point Lane. Southold Seasonal Ramp Dear Sir/Madam: As requested, please find a copy of the survey and plan for the above project. [fyou have any questions. or require additional data, please contact this office. Very truly yours, J) tp. J .!~:::<1 C~ / . / i] ~ / .':;'" Z1 Lr /, <..- J <.... Patricia C. Moore Encls. wdtl;t.zc/ d{.3-C0 . Tow'1 of~outbold . . l . ; LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for pemlits* 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 detem1ination of consistency. * Except minor exempt actions including Building Permits and other ministerial penn its 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 South old 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 maximwn extent practicable with the LWRP policy standards and conditions. If an action carmot 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 Planmng Department, all local libraries and the Town Clerk's office. FEB - 6 2006 B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1<:6 - 01, - '3.3 EJ) k-> 11 f<. P w'ERTHrfER The Application has been submitted to (check appropriate response): Town Board 0 Planning Dept. 0 Building Dept. 0 Board of Trustees ,gj, 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital 0 construction, planning activity, agency regulation, land transaction) 0 (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: 121 Nature and extent of action: PRoPoSEO R IJ//fJ P (fxlf)d- S~Il$c'{111L- \ " FLonT (S-l 'J../<?') Wi! If (;t.) <gil Din, WE5<f- eSTor c: fJB .LL.s +- R //1(.;'S" &EE PLI1/i ViEw) . . . . Location of action: 1<30 \;//rf}j Po/Iii lAr/L, S(A;rtloLf) Site acreage: ;[L {5. :;- <{, ~ $ y, s: r / Present land use: !?fS-,1)I!r/TI rJL- Present zoning classification:--R - 4 6 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: EDtvri~D ~1/ft2.. rHttER. . .... (b) Mailing address: / <;So tv/tiot PD /rll J- 17/'/ E ( . S.() Lf rflC?t...D) Pi 'I //17/ (c) Telephone number: Area Code fLJ;) 7L.<;;- q Lf/ D (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes D NoM If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhauces community character, preserves open space, makes efficient use of infrastructure, makes beueficial use of a coastal location, and minimizes adverse effects of development. See L WRP Section III - Policies; Page 2 for evaluatiou criteria. ~Yes 0 No 0 Not Applicable _ Keftl j)nck IYJrj-J!ES J3~l'/f;::/cl9.L. U_s€- 0;:::' /-J !':c_,i1jL.. .LCC/7T10/f t;f- !:Tjf(J9/fc":E"- c':CIJ{J..f.;UHITY ~"~ J1;;~1~r :::;j); t^:::~ 1//-:::'~~ ~ ::;~'/}!c l~):,'~~::r:t!:efij:;1;{ IE- Attach additional sheets if necessary 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 [ZJ Yes D No ~ Not Applicable ~<1~ I~ ~ d~xw'cd 0<{dEh-t'71d./ ~ '7' . C.l .at:,1. /], ) A4a~ U?t,f~ ~4<d' i'U-C"'Cct../7Ond../ d{)ft-71oh&-r' . . . .. ~'--. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See L WRP Section III - Policies Pages 6 through 7 for evaluation criteria 'f)Z[ Yes 0 No 0 Not Applicable J~ ~VT' h~~ 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 o Yes 0 NO~ NotAp~licable Ca.na. ! It.d u.; c> reo okrA:- 1< , - - <> uulao a:md.-fuhU. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of South old. See L WRP Section III - Policies Pages 16 through 21 for evaluation criteria DYes 0 No ~Not Applicable /1.10 '~ttcf (/7\ dr{r)~ wed<: - Nt:> ds~ar-"r /#.al 'j1'(:Jr/4{/u//dL, .. / 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 for evaluation criteria. [2g Yes 0 No ~ Not Applicable ~J.<Jlc11f mf/.. t- I (6) . ~-:< 44fd'~' 5 f}~. PKJODS<'d c-..//xlc.. .eLi~c/ ~ cis ft, . - / ,/~,., - h/'eftMl J ' (wf 1.1. ,rJrYVIfflIr:-. /VI /'P'q-.. ~ bsllt:J/n 6p #'t> /o//.//:/' ....b':::' ~I/OAIdj <1Md //JytPft'lS .!A>Jmu Hoaf - I h./J j76Y'i7M tP~ odc.e .P'~ So //tj# ~ ~lr , . ~ft--,:v?&' ,Jh?K'k/~ a;d a//t9-W5 fM~/J~ I?',/(J...r,o :l0cT'd /-brl7ttrJ t ~ ' '7 ~. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of South old. See L WRl' Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. DYes 0 No IQl Not Applicable , /l C tZ-'tl &nu.-nl i!'?(.d d-n*'t!..(..ftl4.~ c/ - /Jrr-VCl.tL /leord.e4tna/ CIL~- . , f Attach additional sheets if necessary Policy 8. Minin1ize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See L WRP Section III - Policies; Pages 34 through 38 for evalnation criteria. DYes 0 No !Xl Not Applicable No Soh:; WtUI!e- d,.ck.<i< (?: /) <? m 1. ~~ f! ~ F ' ~ ref:... tv. tit /it. fr (y. <f) S/Ylf(Oe b,1aj t'~/iu, 7V~ rlrSdWAfC. 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. [)?J Yes 0 No rII Not Applicable Irwa:ti ao.cvn :0 fl/u.la.U ca-11d ((YI~1 /J'l&:k c:anat) ~ {/'yJ.d.-Y/q1 /VrAh) 7?> /U./7bU ukt./t M . V/a r'r2..-Ha.t 1!!E2~~'J'1!;:::' 'L:r:;J2~:::;' fo,,;;;:J:rr 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 L WRP Section III - Policies; Pages 47 through 56 for evaluation criteria. m Yes 0 No Co Not Applicable -..----.'--- . ' . - - ~ " n> """ ~"-' Attach additional sheets if necessary tt4( g#,yrrc;/Jt:N.f'lk~ ~?t:h~ Policy 11. Promote sustainable use of living 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. [)lJ Yes D No ~Not Applicable ~. _ . ~~/1 t:;~~J~;~sW;j:::;f7f.;;ff d:c~/)1~hP ?:5 ~j~;:~:~7;;~t:~~~d%~A1P-/' Attach additional sbeets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See L WRP Section III - Policies; Pages 62 through 65 for evalnation criteria. DYes D NojliNotAPPlicable ~ ~~'S //1 a Ns rcftu.Joi /!/(,? r7rtadlnLtZl ~ - f ~ ~ cir~Hct;.f . d.,uC/dI9,YJ/llNU- 11; or"t C?yn cU .l.rfu4a.1 dSM c....r 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. DYes 0 No ~ Not Applicable - ,9-?l., ~ry I/AP Nt? r1l1/Jat-l I PLAN VIEW , '" , , ~~ , , , SCT# /00 Proposed: Seasonal Ramp & Float , , ! , ~ . : 0-75_6_1 M Applicant: Ed Werthner , , , , S. . Purpose: Private Mooring : : I Lond Of. ' , or Surveyed: October 4, 2005 : : . Mcc ~.l! , , - > , , onne/J [If ' , . Amended: January 24, 2006 ' , SCT# 1000-78.6.3.3 ! ~! # 180 Windy Point Lane -1,9 " : g.L ,,'-2..1: :: Situate: Southord " , r ~1.L : CD Town: Southold ' , ~; : ~ ,'~.2.1 -.. <21) -l: : ~ ..9 c: Suffolk County, NY , I: I!l , :k: .... ea Datum: Low Water CD' ': I Q , ',: :~ Q Dwelling -I I_~ t:: ' . I ' 0 ~ .; t'~: ..... I' " I,' . : #180 - - (D' :....;.. ,': ~ 1 Windy Ill::; 30. ~2~ ," :' ~ 'lL -24 J '! I - , o " ,,' 1> POint ',' , - i ,'!i;h: " " I'f : Lane c: -2,'1 " -1~t'o.4/ :' : ;h .- -1.1 -.24J ' " ,,'\ " .' :,'4.. '!v..' 0 " " .' ::0 l" Q., m J' -),4 :-O~: IQ) , I: ! ; ~;Ie. Proposed Seasonal -~p -'1' -i : i i- ;Ie Ramp (3' x 17') & u ' '(' : .;j ,~, Float(5' 1 Q : :: :: '-<__ X 8~ with ~ -,~o -'4' : :: (2) S" dia. piles & >. B! -I:. '<:: stop cables & rings '0 , '~ u c: '-1.4:-0.:3: __ g , 1-~ '- -B,I -3) : -2''0 ' \::.\L;g ~ ' '" 1, .B 2.f:Jril :: -1,5'''''O.4\:~ \ m: ~ V--, I \\I -1,4\ "_ I ,-OA : SCT# /0 - Cross Section 00_78_ 6-4./ I"::; 101 Proposed Proposed Seasonal Seasonal "- All materials from Float (5' x 18') 'iJ';ft/ Ramp (3' x 17') -- 'approved' list ()q, ----..--H0!~--.. --~.~. --....--...~ --.. --~..-- .. _.. ...- - .... ...........o..... \J ~/ / ring ________ \J PREPARED BY 6: ...~ ~...~U'i.~~~.. .......--~.. --~..........--....--~.:.. --.... --....~...:c -,--------------------- ~ SEA LEVEL . ____~_________------------ (2) 8" dia. Piles . MAPPING m---------um_h____m___uum__um____------ : st9P cables & rings PO BOX # 538 exist. bttm. : flc~atto remain min. RIVERHEAD 14' max 2.5' above bottom 631-722-3390 '- - - - -- - - - --- -- - - ---- - - --- ~ ROBERT H. FOX L0< - L0< 0<(]terHa~ Hldth 43.4' +/- _i NYS PLS# 50197 1/23/2006 55S.41PM ------------- ---.- -------------------------------------------------------- -------", C,\5LH\r<erthnerOb. ro . . PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 February 6, 2006 Southold Town Trustees Attn: Mark Terry LWRP Coordinator PO Box 1179 FE8 - Southold NY 11971 RE: WERTHNER LWRP 1000-78-6-3.3 (dock) TOMAN LWRP 1000-78-2-15.2 (dock) Dear Mark: With reference to the above, enclosed please find the updated LWRP consistency assessment form for both projects. The Trustees are scheduled to continue the public hearing next week. If you have any questions, please do not hesitate to call. Very truly-yours, r/H ... r/./L Lp-atricia C. Moore bp encls. PLAN VIEW ~ SeT# 100 ~~~ Proposed: Walk & Steps S' . 0-78_6_1 l!~ , . s Applicant: Ed Werthner . . Land of. , : ~ , JjJ! . . Purpose: Private Mooring : . . Mcc ~l , , onnell Surveyed: October 4, 2005 , ! , , , Amended: January 24, 2006 ., :r ' , Amended: February 14, 2006 ' . , ., -'.. ,--- . \', , SCT # 1000-78-6-3.3 _ ,-' ~2.1 : , . APPROVED BY , ' 180 Windy Point Lane ' .~ ~' " : "- Q) SitUate: Southold ' ,..JI ,'. Q , ,-;1,,;; -2'1 i~ ~ l~ BOARD OF TRUSTEES c: Town: Southold 1Il Suffolk County. NY 'fi c: ~ '.!i)\c Y hOWN OF SOUTHOlD welling -J Datum: Low Water # 180 ~ -2" CD -2." T I!;. ATE ,?illY lli ~ Windy Point 1a::=. 30' () . ";'; '" lane .... i ' ' y c: / -,...;" 1/6 ' ~c &': /.5 -2,Cl. -::J..(} :':,' if '- I.. ,''',,' i !:_ ~'"-. ' 0 ,I " : I:C Q.. m ' I I, I -1.4'-oi" ~' , : " :' ?-. . , ' '$' B -30 I' \ I -~b -lZl I ,en ,'. : -1.3:-o~ : .)., :r- ~ ' '. ,<_ Proposed ~ -~J;l -~4> " -Id \ \I///,~ (4 I x 121) Walk >. :8 -I,"',,' ,'" steps to grade "0 \ \ ~ I'" +. . . c: " _,.,,0.0: ':>.:, Plant Inter-tidal area '- :' -3) _.) ", -~'o: \, \'!;c with Spartina 12" O.C. ~ 2" , ~, _1-' '~..4 \ \ '#- 1'\1 \'f) : -t \" I N -\4' ", I '" -0,4 ~ SeT# 1 --. 000-78 ' ~CO::rr.-- CrOSS Section -6-4 I -.....cn:X:r . Land of. - -.li.:.l'::CC . MCClche I"::: \0' proposed Walk (2) 6. dla piles 4' x 12' with slaps -- ___~ to grade cr\ -.....tlW . ..' ..' ...... --'~-',-';';"'rr:!::[ cr PREPARED BY ___l-l--'-J-- - - !::. !::.\~ ,,-{AI ........... P- , SEA LEVEL MAPPING P- ....... ...... _______------------------------------- Plant Inter-tlelal BOX # 538 \ - - - - ____ - _n _ _ ____ _ ---- -- - ---------- - - -- -- area with Spartlna I~ RIVERHEAD ii exist. bttm. . ;.1 12" on center 631-722-3390 . i ROBERT H. FOX 'J All materials from NVS p\.s# 50197 .... L.~ -:-.L.,v'_.. .Y'l(Jter:\o'lCl~v<ld~h4.3:1'.:'/~.. 'approved' list 2!14!200b e,40AIAM -, c,\SL~erthnerOf>B r tl PLAN VIEW I ! Scr# I ~ -k-e : I 000 S. ~ Proposed: Walk & Steps i f -78-6_1 j& s Applicant: Ed Werthner i : Lana of. .3 i Purpose: Private Mooring f f . kcconneli 0 ~ Surveyed: October 4, 2005 : i lr tiS Amended: January 24, 2006, i ~i . :I:' Amended: February 14, 2006 _,,, .' ! I~ SCT# 1000-78-6-3.3 ... -2.1 . i. f 180 Windy Point Lane ~i )l-! 8. Q) Situate: Southold '-21 _ -20 ...Ji : ~ ~ C Town: Southold 'C\J! j,c i Q III Suffolk County, NY I i"'- 0.. Dwelling-J Datum' Low Water t: ~ I: j,c i 2 # 180 . r, ':: ' Wi C\J ...;. I',., : Indy ~ -2b /"''''-'\ P ~ -2,4 .,i:1 : r- Oint o . "". La- 1" = 30' :' i :~}iI..: ne I I " :!g r~ c 2<1 i -3fO.4/: ' __ 11 - . -2~ ' " .' . , i l;..... ~ iJ 0 ' , '0 0 APPROVE !ty 1 ,-..:"{,g,j,c ~ a. , ' -.il _I" ' -'I ,. , il I "I.3:-o~: ~ ~ BOARD OF ~lEEC:: . . . \ 1-.-,;__ Proposed "'-"", -il,!, ' : : I,,','.', (4' x 12') Walk >. ' I 1'1 13 1,1j ~ TOWNOFS T1-1OLD: -. " "" stepstograde '" I I I I'lj . C DA TE ;;//J. {) L, : " ,..~o,,\ i,~:J Pl,ant inter~tidal area '_ : -.., -,.1: -2f> 'o, \.j,c With Spartma 12" o.c. 3: ' . ',I, f\<"I. , 1.5 ;.0,4 lip- HJ I, II I ..A" \'_ In , T ' I f'l -14' ~, I '" -0.4 , "-'..~- I Scr# 1000 . -78_6 Cross Section -4.1 Lana of'M . cC/che I" = 10' Proposed Walk (2) 6" dla plies 4' x 12' with steps __ "-n to grade crilf . .HW ..-. ..... ..n ... :.ij::;:;::U::U g: PREPARED BY ~ I ...icW ....... n n ..... :. .-',.---' i:l SEA LEVEL Q. --------- Ii MAPPING . I ____----------------- Plant Inter-tidal u BOX # 538 _m_______m___.______________________________ area with Spartlna RIVERHEAD ~ exist. bttm. 12' on center 631-722-3390 ROBERT H. FOX All materials from NYS PLS# 50197 LYi - LYi Yiaterl^lay. I^lld_th..4:3.:4'.+(... .......... 'approved' list c~(i;L~';,~t~~~iiA~ --- ----- --- ----- -- ----