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HomeMy WebLinkAboutGallagher, John & Joy'PLAN/NING BOARD MEMBERS JERILYN B. WOODHOUSE Chair WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P,O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: Town of Southold Board of Trustees From: Mark Terry, Senior Environmental Planner LWRP Coordinator ',~ Date: September 19, 2005 Re: Request for Permit for Gallagher John and Jay Located: 730 Bayview Dr., East Marion SCTM#1000-37-5-4 JOHN & JOY GALLAGHER request an Amendment to Permit #5745 to add a 2'8" X 10' ramp and a 6'X 20' floating dock to the existing fixed dock. The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is generally CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided that the applicant demonstrates that the action meets the below policy; 9.4 Assure public access to public trust lands and navigable waters. Provide access to, and reasonable recreational use of, navigable waters and public trust lands under water. 1. Provide for free and unobstructed public use of all navigable waters below the line of mean high water for navigation, recreation, and other public trust purposes, including the incidental rights of public anchoring. 2. Permit limited obstruction of public use, including navigation, in navigable waters: a. for water-dependent uses involving navigation and commerce which require structures or activities in water as part of the use. b. for commercial recreational boating facilities, provided that the loss of navigable waters and use of underwater lands is offset by sufficient public benefits. c. in order to gain reasonable access to navigable waters from riparian lands. 3. Obstruction of navigable waters and underwater lands is limited: b. to the minimum necessary for access to navigable waters. The minimum is determined by evaluating the following factors: (i) the extent of the use's dependence on access to navigable waters, (ii) the range of tidal water level fluctuation, (iii) the size and nature of the body of water, (iv) the nature of public use of the adjacent waters, (v) the traditional means of access used by surrounding similar uses, (vi) whether or not alternative means to gain access are available. Piers, docking facilities, and catwalks must not result in an unnecessary interference with use of public trust lands. Alternatives to long piers or docks include use of dinghies to reach moored boats and mooring in nearby marinas. Dredging solely to accommodate the draft of larger boats is not a recommended alternative. 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. 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. In addition to further the intent of LWRP Policies 5, 6, and 8; protect water quality, marine organisms and the health of the users of the structure; require that no CCA treated wood~ oil based preservatives containing creosote (CRT} or pentachlorophenol (PCP}~ applied to the surface of wood materials shall be permitted in the construction materials of the structure. The applicant shall use a decay resistant alternative. Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Please contact me at (631) 765-1938 if you have any questions regarding the above. Albert J. Krup~ki, President James King, Vice-President Art/e Foster Ken Poliwoda Peggy k~ Dickerson Town HaH 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUST. TOWI~ OF SOUTHOLD APPLICATION FOR AN AMENDMEN1 TO A PJ~,MJ'~s~ees PHONE ADDRESS ~oP~ ~oc^~io~ 9'5 o Signed By: PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS mallle: Address: STATE OF NEW YORK COUNTY OF SUFFOLK ~3o~,4 C~,ct~,~}~' , residing at ~]9~c.p ~{xyv',t'oO ~r~~ IIq~q ,be dulyswom, d oses dsa atonthe ~ day 6f ~q u-, ~ ,20 o >, d~onent m~l~ a ~e copy of the Notice s~t fo'.in the Bo~ o~T~tees Applicatio~ dir~t~ to ~h of ~e above nm~ persons at ~e ad&esses set opposite ~ere r~ecfive roes; ~at ~e M&ess~ set op~sito ~e n~ of s~d pemom ~e ~e M~ of a~d pemom ~ shorn on ~e c~ent ~sossment roll of ~e To~ ~ S ou~old; ~at s~d Nofi~ w~e m~l~ at ~e Uffit~ States Post Office at ~ ~v~ , ~at s~d Nofi~ were m~l~ to ~h of s~d pe~om bY (register&t) mail. Sworn to before me this' Dayof ~ e:-~7'~ ~ 20 0--~ Notary Public FLORENCE E. BURKHART Notaq/Public, State of New York No. 01BU6030541 Ouallfied In Queens Count~' Commission Expires fh3-01~l~ Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 7654_892 Fax (631) 7654~q~ (~ 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, ~¼~ ~>~[[~Dkf~',residingat "')30 being ~tu13~ sworn, depose and s~ay: That on the~l'~day 200~,, I personally posted the property known as by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place fqr eight da~..ys prior to the dat%ofthe public hearing. Date of hearing noted thereon to be held ~1~ ,.~IY/, ~t~, ~ . . Dated: Sworn to before me this day of St3~200-~'~ Notary Public FLORENCE E. BURKHART Notary Public, State of New York No, 01 BU6020541 13~allfled In Queens County COmm~Jon Expires 03-01:{N. °? of Trustees Appli¢ County of Suffolk State of New York BEING..DULY SWORN SWORN TO BEFORE ME THIS DEPOSES AND AFFIRMS THAT NE/SNE IS THm APPLICART FOR THE ABOVE DESCRIBED 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 HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING uNDER OR BY VIRTUE OF sAID PERMIT(S), IF GPJ~NTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS DAY OF ,19 Notary Public KIERAN M. CORCORAN Notary Public.State of New York No. 02~06119838 Qualified in Suffolk Count~ Commission F-xpires December 6, 20(~j[ APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics omhibits conflicts of interest on the vari of town officers and emnlovees. The ouroose of thi~ fQrm is to omvide information which can alert the town of oossible conflicts of interest and allow it to take whatever action is necossarv to avoid same, (Last name, first name, ~niddle initial, unless you mu applying in thc name of someone else or other antity, such as a company, lfso, 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 Do you personally (or through your company, spouse, sibling, paten{, or child) have a re{atinnship with any officor or employee of the Town of Soothold? "Re{atinnship' includes by blood, n~arriage, or business intel'esL "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of(or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO / If you answered "YES", complete thc balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space proVided. The town officer or employee or his or her spouse, sibling parent, o~ ~hild is (check all ~at apply): A) the owner of greater than 5% of thc shares of the corporate stook of the applie~mt (when the applicant is a corporation); __B) the legal or beneficial ownqr 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 SubmRted this _~_day . Print Name · 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 Toxvn 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 Soutbold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the aclfievement of the LWRP 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 deterimnation that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action catmot be certified as consistent with the LWRP policy standards and conditions, it shall not be uudertaken. scm 5 ? 5 4 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 Offic~ the Planning Department, all local libraries and the Town Clerk's office. ['[~~!~h~ i~[' ii L~;!' DESCRIPTION OF SITE AND PROPOSED ACTION ~ The Applicatio~ has been submitted to (check appropriate response): Town Board [] Planning Dept. [] 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. grantl loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action; Location of action: Site acreage: Present land use: [~&~x~ Present zoning classification: 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: (b) Mailing address: (c) Telephone number: Area Code f,.~)l (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes NoJ,~ 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 LWRP Section III - Policies; Page 2 for evaluation criteria. ~"Yes [] No ~-] Not Applicable At~ach additional sheets if necessary Policy 2. Protect and preserve historic and arehaeological 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 necessa Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Pol~ies Pages 6 through 7 for evaluation criteria [-~ Yes ~-~ No~L~] Not Applicable-- Atlach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [-~ Yes ~ No ~Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III -Policies Pages 16 through~21 for evaluation criteria R Yes [] No~lw/1NotApplicable Attach additional sheets if oecessary 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 II1 - Policies; Pages 22 through 32 for evaluation criteria. ,~Yes ~ No [] Not Applicable A~ach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Sonthold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. [~ Yes [--] No [~Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~-~ Yes ~ No ~Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ~ Yes ~-] 1No'Not 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 [-~ No~ot Applicable Attach additional streets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~Yes [-~ ~No ~-~ Not Applicable O- 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 ~ 1No~[-~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. [--3 Yes ~'~ No [~Not Applicable Created on 5/25/05 11.'20 AM I 5%v-ld o..lso SEP 2 7 2005 Soothold Town Board of Trustees o Mr. & Mrs. John Gallagher 12 Winding Hills Wallkill, New York 12589 GARDINERS BAY ESTATES HOME OWNER ASSOCIATION, INC. P.O. Box 4, East Marion, New York 11939-0004 Septembo' 19, 2~~ Re: Dock Permit #5745 Dear Mr. & Mrs. Gallaghnr: At the Gardinurs Bay Estates Homeowners Association semi-ammal board menti~g yes~rday, we agrend (12-1) that, as of this date, w~ cannot give our pa~issiou for you to extend your dock into Spring Pond. When GBEHOA receives final approval, and completes construction, of our proposed new slips on Fox Island, we will then have another board meeting to discuss and decide the issue. Although we anticipate this happening in 2006, we cauno~ I~dict that. If we do not receive appmvat, f~r which we applied in June 2005, your proposed dock extension would block access to our current slips on the northern side, which faces your property. If you have any questions, please give me a call. Sept 14, 2005 Field Inspe:~ '~n Telephone (631) 765-1892 Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 CONSERVATION ADVISORY COUNCIL TOWN OF SOUTHOLD At the meeting of the Southold Town Conservation Advisory Council held Wed., September 14, 2005, the following recommendation was made: Moved by Doris McGreevy, seconded by Tom Schlichter, it was RESOLVED to recommend to the Southold Town Board of Trustees DISAPPROVAL of the Amendment application of'JOHN & JOY GALLAGHER to Amend Permit #5745 to add a 2'8" X 10' ramp and a 6'X 20' floating dock to the existing fixed dock. Located: 730 Bayview Dr., East Marion. SCTM#37-5-4 The CAC recommends Disapproval of the application because the proposed dock is too close to the neighboring dock, it will impede navigation, and the current water depths are sufficient for the existing structure. Vote of Council: Ayes: All Motion Carried Board Of $outhold Town Trustees SOUTHOLD. NEW YORK JOHN 8, JOY GALLAGHER ISSUED TO .......................................... = ...................................................................................... Pursuant to the providons of Chapter 615 of the Laws of the State of New YorE, 1893: and Chapter 404 of the Laws of the Sfnte of New Yore 19S2: and the SouHmkl Town Ord'manoe titled ."REGULATING AND THE PLAOIN~ OF OBSTRUOllONS IN AND ON TOWN WATERS AND PUBLIC LANDS and REIdOVAL OF SAND, GRAVEL-OR OTHER MATERIALS FROM LANDS UNDER TOWN'WATERS~ and in accordance wffh the Resolution of The B6ard adopted at a meeting held on ...A.p...~.'.l. · ;~.°..0.3_., and in comiderafion of the sum of $._..._g.~:_O..O.... paid by East Marion N. ~u~e i~ere~ of ...................................................................................... Y. end. Terms and Cond'dlons rrd'nd on the reverse of Soufhold Town Tna:ees authorizes and pennlts the folowing: Wetland Permit for a 4'X 16' dock. No repair can take place on the existing structure unless it conforms to the dimensions in the permit. all h accordance with the deteitnd Specifications as presented in IN WITNESS WHEREOF, The Mid Board of Trustees here- by c..,, ,, co,p.,s: b...I to b. · .~?., ,nd ,.,..m3~?. ,o be subscribed .by a imlerity of the Mid Board as of .'1t~ date. Telephone (631) 765-]892 To~m Hail. 5;~095 ~ ROad P.0. Box 11/5 Southold, New Y~xk 11971 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL At the meeting of!the Southold Town Consergation Advisory Council held Wednesday, February 19, 2003, the following recommendation was made: JOHN J. GALLAGHER for the existing 8'X 16' dock. Located: 700 Bayview Dr., East Marion. SCTM#37-5-4 The CAC did not make an inspection, therefore no recommendation was made. S N 24, 87'54'48" W 36.18' S 65'29'17" W 2.03' .S 55'48'47" W 7.08' S 25'44'25" W 20.99' p NOTES: SURVEY OF LOTS 112 & 113 MAP OF GARDINER'S BAY ESTATES SECTION TWO FILE No. 275 FILED SEPTEMBER 23, 1927 SITUATED AT EAST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-37-05-04 S.C. TAX No. 1000-$7-05-05 SCALE 1"=20' MAY 31, 2002 AREA DA TA S.C. TAX No. 5,869.49 sq. ff. 1000-37-05-04 0.135 ac. S.C. TAX No. 8,592.27 sq. ft. 1000-37-05-05 0.197 TOTAL (TO Tm LINE) 14,461.76 sq. ff. 0.332 ac, 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 EXISTING ELEVATIONS ARE SHOWN THUS:~ EXISTING CONTOUR LINES ARE SHOWN THUS: DATUI~ 5 Joseph A. Ingegno Land Surveyor PHONE (631)727-2090 Fox (631)727-1727 24-300