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