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Home My WebLink AboutTR-6321 . . 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 May 16, 2007 Mr. John Costello Costello Marine Contracting Corp. P.O. Box 2124 Greenport, NY 11944 RE: JOSEPH & CAROLYN FERRARA 2170 MAPLE LANE, EAST MARION SCTM#38-8-1 Dear Mr. Costello: The following action was taken by the South old Town Board of Trustees at their Regular Meeting held on Wed, May 16, 2007: RESOLVED, that the Southold Town Board of Trustees APPROVE the Amendment to Permit #6321 & 6321 C to allow for the installation of two single 8" dia., untreated single- pile mooring dolphins on the west side of the existing dock, with the condition no boats will be docked on the east side of the dock and there will be no further expansion of the docking facility, and as depicted on the plans prepared by Costello Marine Contracting Corp. last dated May 22,2007. This is not a determination from any other agency. If you have any questions, please call our office at (631) 765-1892. Si~ c>< ~ James F. King President, Board of Trustees JFK:lms . . James F. King; President Jill M. Doherty, Vice-President Peggy A Dickerson Dave Bergen Bob Ghosio, Jr. . Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone"(631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Southold Town Board of Trustees Field InspectionIWork session Report Date/Time: S; - '1 - 0 1 Costello Marine Contracting Corp. on behalf of JOSEPH & CAROLYN FERRARA requests an Amendment to Permit 6321 & 6321 C to allow for the installation of two single mooring piles on the west side of the existing dock. Located: 2170 Maple Lane, East Marion. SCTM#38-8-1 Type of area to be impacted: _Saltwater Wetland _FreshwaterWetiand Sound V Bay Distance of proposed work to edge of above: P~ of Town Code proposed work falls under: \c. Chapt.275 _ Chapt. 111 _other Type of Application: _ Wetland _Coastal Erosion /' Amendment _Administrative _Emergency _Pre-Submission _Violation Info needed: Modifications: Conditions: Present Were: viKing _<{Doherty ~.Dickerson ~. Bergen~. Ghosio, Jr V'H, Cusack_ D. Dzenkowski _Mark Terry_other MailedIFaxed to: Date: Enviromnental Techniciaq. Review_1v't'V1l1A.5 O;en'<l( doe<; S~ -f-.,,1.v..- S-\YqC~" (ftlIkf ye~U'1.<. L-VJf..p 'lCvlew. . . 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., May 9 2007, the following recommendation was made: Moved by Peter Young, seconded by James Eckert, it was RESOLVED to SUPPORT the Amendment application of JOSEPH & CAROLYN FERRARA to Amend Permit 6321 & 6321 C to allow for the installation of two single mooring piles on the west side of the existing dock. Located: 2170 Maple Lane, East Marion. SCTM#38-8-1 Inspected by: Peter Young, James Eckert The CAC Supports the application with the Condition there are no further amendments to the permit for additional pilings or extensions out into the Bay. Vote of Council: Ayes: Peter Young, James Eckert, Don Wilder Nay: Jack McGreevy -, e ,,, .. "','- ~~.. ~'J j,.,~, , ' , t; '~' ;1:i' '-~' . ,j:-' ',"t, ,~', ...."1.. :t> "'1J :D '" , , = , ", it' .I ", = l' = 'I -... I, , .",{ , " , . .. r \, ~-.. ,I " "' .....; i." . ..; ~ ,_:' <J>1J'; .f'-' "., f "'- , ' ,ro' ,)' ~.'f ~, .' Ii " :A,.J~i " ~ ,.; r. l 1._ :.: ... ~. .n( . .. ::; t'l1 tv '-, --. =- ....... 0 t",..;l to/) .....,J U'J l-" ..... 0 CD O~"",'" a,P1""::r' ::l,.g 'Tj o _ ~ ::> C1> ... t;~ OS <1> . . . . Joseph Ferrara 2] 70 Maple Lane East Marion 10/31/06 . . . . 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 April 10, 2007 Mr. Robert Herrmann En-Consultants, Inc. 1319 North Sea Rd. Southampton, NY 11968 RE: CAROLYN & JOSEPH FERRARA 2170 MAPLE LANE, EAST MARION SCTM#38.8.2 Dear Mr. Herrmann: The Board of Trustees has reviewed your letter dated January 15, 2007 and attached planting plan and accepts the Ferrara's offer to plant with beach grass (18" on center) any unvegetated and scarcely vegetated portions of the area where the clearing took place. Please contact our office if you have any questions. Sincerely, fL.~ ~ ~ ,lJa~~; F. King, Pptident Board of Trustees JFK:lms Ene. ~4-"f':! TO IIDVSt! r rl~.! i~ (~ lf~ ii II ,-,~I /U Ui Ii I I I L_ I - SCt: ~iiG;;1 I()" ~,-_____l~.:!~ I.:~~~~~. APPROVED...B--Y--- - .--,,'-- BO#p.oF TRUSTEES ~N OF so~:o:letc - - .-I:>ATE ...~....'-- S/;J.s!tJ 7 #A. / ""PPUCJI'ff'5 4-"'/8",,,r ~ .~.~ .:17ARP/",ep-s ]!:> A Y I I I \ \ \ \ I \ ' '..,J '24-' 3 'P~OPOSlliiO ~ "Z - e," P/A,. PNl"J'2cA n:~ :5/~j~/e.G MOOA/Ne, DO'-P,<.{/f.J3 S tTc-PLA}.../ ~ D 40FT. R~r: N.y.$. :DE<=. "'_rr" /-47al5-~2.?'~......2 \ \ CAtESt::t!!Hr .l5I!!!At::H C::eJ,..,&>o^"'~/LJM ~ ... \ll \1:-~- ~, ~ - -- -- -- - ---- eJl1r ""'7 / 4'~tZ'p.MP ----- --- - -- -.... -- --.... --- e't'IST/;-J('7 /4'",,84'FI)!4'D :D oc.c \! \J , l\ e.,usr ",d? .----- 3'" 14 .~",p ~ ~ ~ , 1< \ij e ,usr,-,M r.',c.~O~D~TI,",'" :z>"'C~ NDT€: ., /30"75 W,c.G p.,6 ,..0 e::o or! e.Asr 'O~L ~~. ~n:X:' "I'" ~~Jo/S/O/\I ..F ;0/0"':"'00 . _ .D~ ",.v/~ r-- ;xle~V6~P ._~~"'LI"" CA~O~ y.v AN'" .JoSepf.J 7'"eA:_~ ~c. SvlSG/ICIi5....,.., AveNtJe peGU.AN MJ.NDR, 1'1. Y. .-0403 2.' 70 MApLS ~.J.Ne ~1loI..-.-,..: eASTMAR.'ON, MY. I/~t;& f: . ---MAIII_.J:f<I....JI<r_~t::_I8,.. _ 5" ;-.1'-- 2,... .,..,....._......., .....)'\ II~ .....cr;.". /000 - .......0 ~-/ (..,) -1-17-11'" MA Y fZ, 20d7 APR.. 10. '2007 NDY. 2, %"'oGo s/./lZT.f #IF J. . . Albert J. Krupski, President James King, Vice-President Henry Smith Artie Foster Ken Poliwoda BOARD OF TOWN TRUSTEES . TOWN OF SOUTHOLD LETTER OF REQUEST FOR AN AMENDMENT Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-18'12 Fax (516) 765-1823 Signed By: /,rJf1 '-",' MAR-23-2007 14;41 From; . T_153582401 P.1/1 March 16, 2007 Town of South old Board of Trustees P.O. Box 1179 Southold, NY 11971 To the Southold Town Board of Trustees: We live in the Crescent Beach Condominiwns adjacent to the property owned by Carolyn and Joseph Ferrara at 2170 Maple Lane. We have encouraged Mr. Ferrara to dock his boat on the west side of his existing dock since tlus will enhance the safety of traffic to and from ow' dock localcd immediately east of his. Mr. Ferrara has agreed to dock his boat to the west and has asked tile Trustees to permit piles that will allow him to safely secure his boat. The prevailing summer winds are predominantly from the southwest to east and the piles will allow him to safely dock as we desire. The piles should also prevent his hoat !Tom knocking into Ilis floating dock thus avoiding nuisance and salely wncerns in inclement weatller. This will also make our boating, swimming imd skiing community safer. 1 encourage and appreciate the installation of the westward piles as proposed for the purpose ofsccming Mr. Ferrara's boat west of his dock. Thank you, / ", C;.. R\)~+ 'VEv<:;I".i.-c~ ',?re..\,;&~Nt, " ~.. .L-...; !,PR 2 U (JjJ 1...-.::..... i \J',ce P'<'~i~'t'Nt .j or.1- ) IVI'I C"'f J \".t~~ .. .. . ( \'-7< v l ?"">f '?r~i~"Ni ' JAN'ie I ~e[-. APR-18-2002 THU 02:03PM 1D: PAGE: 1 1.,[JJ-02-21306 13:24 Fro",; "f<U'1 ; cosra.l..O M~l HE: C:NT. . ~ t(). ; 63l 477 BIifZ5 . tbJ. 1112 2006 ial: 29PM P2 ---....-. , COSTELLO MAWNE CONTRACTING CORPORATION DOCK BUILDING · JETTIes · BUlKHEAOIN~ . STEa & WOOD PILI~ . FLOATS _... _0.___._.. "23~IFTHSrF\!:ET. P.O.80X2t24' GREENPORT,NEWYORK"1l44. (1I311471.1199(477'1~(47NI682' FAXte3;>.77.0GC, -.. ~. 1, ::I"se~ f1;j{e~A- OYfll~of 0( nO ~Ie LAl ( ~fb"t . {)/&IlIf) (!Iusi~NIII1e) N ~ [!1~~ locatedat cZltO #~f\e LN I G-/~ tJ'1 (19~~ do hereby give COSll!lJo Marine C4ntrIIcties Corp. the authority to act as aaenl in my behalfin applyins tor ~1! the netDlsary pemriu tor work to ~ compl~ at my above referenced property. \\HoE, Date . ~ ~ ---~-. . COSTELLO MARINE CONTRACTING CORPORATION DOCK BUILDING. JETTIES. BULKHEADING . STEEL & WOOD PILING. FLOATS 423 FIFTH STREET . P.O. BOX 2124 . GREENPORT,NEWYORK11944' (631)477-1199/477-1393/477-0682' FAX (631) 477-0005 April 10, 2007 Southold Town Trustees PO Box 1179 Southold, NY 11971 RE: Carolyn Ir. Joseph Ferrara - 2170 Maple Lane, East Marion Dear Sir or Madam: We are requesting an amendment to Town permits #6321 and 6321C to allow for the installation of two single pile mooring piling on the west side of the existing dock. This will allow the applicant to dock his boat on the west side instead of where he now docks his boat on the east side. This change was requested by the applicant's adjacent neighbors at the Crescent Beach Condominiums and which the applicant agrees to do. Attached are copies of our drawings for your reference as well as copies of permits # 6321 and 6321C, photographs and an authorization form. If any additional information is needed to process this request, please do not hesitate to contact me. Sincerely, Jane P. Costello Permit Manager APR 2 0 2007 Enclosures ~ ...c. \) y 0-- . . . -~ EN-CONSULTANTS, INC. 1319 North Sea Road Southampton. New York 11968 631-283-6360 Fax: 631-283-6136 www.enconsultants.com ENVIRONMENTAL CONSULTING January 15,2007 James King, Chairman Board of Trustees Town of South old P.O. Box 1179 Southold, NY 11971 Re: Carolvn and Joseoh Ferrara. Summons No. A4693 Dear Mr. King: As discussed and agreed at the Board's work session held on November 15, 2006, please be advised that in order to settle the captioned summons via what the Board's counsel described as tantamount to an offer in compromise, the Ferraras hereby agree during the 2007 spring season to plant with beach grass (18" on center) any unvegetated and scarcely vegetated portions of the area where the alleged clearing took place. For your reference, this area is rougWy and approximately indicated on the attached copy of Sheet 2 of 3 of the dock plan previously approved by the Board of Trustees pursuantto Wetlands Permit No. 6321. As I was previously acting under the mistaken impression that the Board would be furnishing us with a letter to this effect for the Ferraras' signature and return, please forgive us for the delay in submitting this letter to your attention, which Lauren Standish requested that I do last week. As the Ferraras asked us to negotiate a good faith settlement with the Board on their behalf and we did so, I hope and trust that this delay will not negatively impact their agreement. Should you require any additional clarification or information regarding this matter, please let me know and I will do my best to provide it immediately. J:IIY ymm, .:, Robert E. Herrmann Coastal Management Specialist cc: Carolyn and Joseph Ferrara ~ ~ ~ ~ ~ 70 ;;r. o <?t. -0 o ~ -t-. "C. ~ . . . ~o o:tK W~~ -.. :t249' 4' x \ \ (2) ~~S ~0~ ~/~[~.....-""'- - - -- ~.--,// // /, ~ / 4 x 84' FIXED CATWALK W / / // ~ // C. ~ / ' -"J // ~~1;- ,/ ~\> \ G ~ ~ J.Rtrk;, It-! ~ffl1l11l9 1ar1 ~/.nfVINl. vN/~~~ e{L-- WUVl l,A!(,'fp:Mro. ----- -- - +90' :t 114' EX. DOCK -3'-0" -3'-2" 3' x 14' RAMP 6' x 20' FLOAT -3'-4" -3'-6" _3'_9" 8" PILE (lYP.) -3'-11" II -"'" """,,,,,,- :t180' . . James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfel Town Han 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 15t day of construction Y. constructed V Project complete, compliance inspection. . -- TERMS Clnd CONDmQNS ~ Petmlltce Joseph & Carolyn Ferrara ,~..t 2170 Maple Lane, East Marion _ -.. .. N. y~~ ~ the coo.U@uoo (Q< the lSs<.,~ of che I\Ulltdoes tIIldea~ &nd p<e$Cribe to the fot.: 1. n.u the uid Jloard of Trwtees e.od the Town 01. SouIhold ue re1~ lrom any o.od aU clamages, or daIms for -damaj;es, of IYlts t.d$iot;dltectly or tadiredf.y u . l'e$Ult of allY opec- e.tlo4pecformed,~t~}dut.,~IlJlI.:!b_~ ~ ~l":~.~.~~orber OW!>: expeme. defend any e.od aU $UCb MI(lnl>l,ted1>y dlltd 4'atdes, fJId the sddl'--r...lu~ '<$''P'''S full u.hIll.ty wllhrcipect theteto. W-d1~pleteC'$.CiuslOQ of the,-Baud of TCI1$tte$ of the Town of Sood1QId 2. That this I'etmlt ~..~ for .. -period of 24 ' coos. wIJ!dl' ~ ~ to be the ettimated U-' ttqultcd to romplele the wode 1n,-01\'Cd, wt 'ihoold ~ WUWlt, request (or an extelJ$lon ..,..y be _de to the Poard t.t a _laIu .we. a. TItAt this peqnit should be reialned Indefinitely, or as 10118 .. the .akI Pettoiuee wishe. to 'IIWntain the sttutture or Pt'C!Ject lnrolved, to pt'C!vide evidence to ....yone (mloeroed that aulh- ~tion was odglnaUy obtflned. 4. Thai (be wode loYolved will be subject to the l~ fJId approval of ihe Boatd or ks agents, alld non-<Om{>lW>ce with the provisions of the odgiJialiog applkatioo, may be cause for revOcation of this Pettoil by rosol"doo of the said Board. S. That lhetc will be no WIttU<lOJble lnted<<UlCe with navigatioo .. a result of the work herein authorized. .. '6. That lhetc shall be 00 Interference with the right of the pubUc to pus fJId repass aloog the beach berween flI8h ,e.od low walet matb. ' 7. That if l\IlUte operadoos of the Town of Soulh9ld J:CqUice tbe.l'CII1(M.l and/or altendocu in the IQcatioo. of the wad< betel.nla~ or U. In the 0J:llnI0a al-cllO Board ol Tmscees, the, wockshaU aust anreuonab1e obsttud1O<1 to free oavf&adoo, the II1d &tmIttee will be equlrecI. apondue oodce, to RmOve or alter this _de or project hereln statecl ~ ~ to the Town' , of So\ltbold. ' " ' 8. That the raid Board will be oodfled by the Pettoittte 01 the ~~ 01 the wodc aath- orbed. 9. Tht.tthe.f.>+.....J_ will dltain- aU other pemilis e.od ~';'.dItt may be requlrecl... _1'1_"" fl)cbls praiIt 'tVblch _rho AiJjcct to ~ 8pordtlla&e to ..-. .. . ..... ~ .. "---.."-....-.---..-..."..."....,-- ---."-"",..-",,.," . . 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 March 22, 2006 Mr. Robert E. Herrmann En-Consultants, Inc. 1319 North Sea Rd. Southampton, NY 11968 RE: JOSEPH & CAROLYN FERRARA 2170 MAPLE LANE, EAST MARION SCTM#38-8-1 Dear Mr. Herrmann: The Board of Town Trustees took the following action during its regular meeting held on March 22, 2006 regarding the above matter: WHEREAS, En-Consultants, Inc. on behalf of JOSEPH & CAROLYN FERRARA applied to the Southold Town Trustees for a permit under the provisions of Chapter 97 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated January 25, 2006, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on March 22, 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 JOSEPH & CAROLYN FERRARA to construct a fixed timber dock consisting of a 4'X 12' inclined ramp; 4'X 84' fixed timber catwalk with 4"X 4" access stairs on each side; 3'X 14' hinged ramp; and 6'X 20' float secured by (2) 8" dia. pilings. Dock is to be constructed of untreated lumber and ramp and float shall be removed and reinstalled seasonally, before November 1st and after April 1st, and as depicted on the plans prepared by En- Consultants, Inc. last dated April 10, 2006. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $50.00 Very truly yours, J1:;:;,; ~ President, Board of Trustees JFKJlms . . 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 COASTAL EROSION MANAGEMENT PERMIT Permit #6321 C Date: March 22, 2006 SCTM#38-8-1 Name of Applicant/Agent: En-Consultants, Inc. Name of Permittee: Joseph & Carolyn Ferrara Address of Permittee: 2170 Maple Lane, East Marion Property Located: 2170 Maple Lane, East Marion DESCRIPTION OF ACTIVITY: Coastal Erosion Permit to construct a fixed timber dock consisting of a 4'X 12' inclined ramp; 4'X 84' fixed timber catwalk with 4"X 4" access stairs on each side; 3'X 14' hinged ramp; and 6'X 20' float secured by (2) 8" dia. pilings. Dock is to be constructed of untreated lumber and ramp and float shall be removed and reinstalled seasonally, before November 1st and after April 1st. The Coastal Erosion Management Permit allows for the operations as indicated on the plans prepared by En-Consultants, Inc. last dated April 10, 2006. Permit to construct and complete project will expire two years from the date the permit is signed. SPECIAL CONDITIONS: (apply if marked) _ Bluff restoration through a re-vegetation plan is a necessary special condition of this permit. _ A relocation agreement is attached hereto and is a necessary special condition of this permit. _ A maintenance agreement is attached with application and is a necessary special condition of this permit. J'C:O'::Z Board of Trustees . 4;fcb ~ .2006 Field Inspect. . Cusack, Heather From: Robert Herrmann [rherrmann@enconsultants.com] Sent: Friday, March 03, 2006 2:02 PM To: Cusack, Heather Cc: Johnston, Brownell Subject: ferrara Importance: High heather, thanks for speaking with me yesterday about the coastal erosion law as it relates to the ferrara application. i'm sending this email to review in more detail what i believe are the salient factors the board should consider during its deliberation of this issue and to provide for your ready reference (as an attached .pdf file) the relevant sections of 6nycrr part 505, the state's coastal erosion management regulations upon which the town's chapter 37 is based. based on your comments, i presume that you and/or the board may be wrestling with the interpretation of sections 37-14 and 37-15, which detail restrictions for activities in the nearshore and beach areas, i.e., the coastal erosion zones relevant to this application. specifically, those sections state that "all development is prohibited" in nearshore and beach areas unless specifically provided for by the chapter. i think that in order to interpret the language of the town's coastal erosion iaw, one must be famiiiar with and understand the intent of the state's coastal erosion law, which the town's code was intended to uphold. specifically, the state's coastal erosion management regulations, 6 nycrr parts 505.8(a) and 505.8(b) (see attached .pdf file), set forth restrictions for activities in the nearshore and beach areas and are the sections to which chapter 37 sections 37-14 and 37-15 were intended to correspond, respectiveiy. you'll notice that 505.8(a) (2) and 505.8(b)(2) state, as do sections 37-14(c) and 37-15(d), respectively, that "all development is prohibited" in nearshore areas and beaches unless specifically allowed by the reguiations. those allowances inciude the construction of docks whose top surface area is 200 square feet or less or which are temporary and removed by the fall of each year. the town chose not to include this ianguage in the referenced sections on nearshore areas and beaches but instead included it in 37-6 as part of the definition of an "unregulated activity." this definition is absent from the state regulations and appears to include a summary of "allowances" from each section of the state regulations. for example, ianguage similar to 505.8(b)(8) describing beach grooming and cleanup operations as activities not requiring a permit is also absent from 37-15 but included in the definition of "unregulated activity" in 37-6. organizationally, this could just be viewed as a different way of setting up the law, but what got iost in the shuffle is the very specific language contained in the state's 505.8(a)(5) and 505.8(b)(9), which indicate that "a coastal erosion management permit is required for new construction, modification, restoration of docks, piers, wharves, groins, jetties, seawalls, bulkheads, breakwaters, revetments, and artificial beach nourishment...." therefore, it could not be any clearer that the state intended to allow for the construction of maritime structures in the coastal erosion area pursuant to a coastal erosion management permit. yet because these are not exempted or "unreguiated" activities, chapter 37 fails to speak to them at all, leaving one who is unfamiliar with the state's regulations to ponder whether docks might be prohibited by the town as a form of "development," a term undefined in both the state and town codes. thus, in the absence of any such legal definition, the board must in effect interstitially determine whether a dock structure constitutes "development." should the board decide not to rely on the state regulations to guide their decision, and the board chooses to interpret the term development to include docks as a basis upon which to conclude that no docks are permissible pursuant to chapter 37, then i would argue that the board has no legal option but to also and always consider any and all other shoreline structures, including bulkheads, revetments, gab ions, and jetties as "development." and if that were the board's position, the board could never issue any permits for any shoreiine structures in the coastal erosion hazard area, lest they were to arbitrarily decide that docks constitute development while other maritime structures such as bulkheads and revetments do not. 3/3/06 i,eb ~ ?006 Field Inspecti. . in short, the board must interpret the law consistently and cannot decide one month that a revetment does not constitute deveiopment and is therefore permissible under chapter 37 but decide the next month that a dock constitutes development and is thus not permissible under chapter 37. to my knowledge, the board has never used the term "development" as it is used in chapter 37 as a basis upon which to deny coastal erosion permits for shoreline structures, evidenced as recently as two months ago when a coastal erosion permit was issued for the o'mara revetment in a bluff and beach area. i hope that my thoughts are useful to you and the board, and as always, i am happy to discuss the issue prior to and/or during the continuation of the hearing on march 22nd if such discussion is deemed necessary. i thank you and the board for your careful consideration of this application. regards, rob herrmann Robert E. Herrmann Coastal Management Specialist En-Consultants, Inc. 1319 North Sea Road Southampton, NY 11968 Phone: 631-283-6360 Fax: 631-283-6136 Email: rherrmann@eDconsultants.com 3/3/06 ,. . . . . . ( . . . . 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 Southold Town Board of Trustees Field InspectionIWorksession Report Date/Time:-fe.L g Name of Applicant: ~ rrN'\",> ~ [...., ^ ., J ISY:vjL Name of Agent: -JL... VOY, ~ "" r-\-r,,--tJ Property Location: SCTM# & Street :{r - g - ( ?n 0 1Ylr~ Ln, .[ .Ac:tf\ Brief Description of proposed action: 4. ~ Type of area to be impacted: v<' _Saltwater Wetland _Freshwater Wetland _Sound Front _Bay Front Distance of proposed work to edge of above: P<P1 of Town Code proposed work falls under: ~Chapt.97 _Chapt. 37 _other Type of Application: /Wetland _Coastal Erosion _Amendment _Administrative _Emergency Info needed: ~ Modifications: Sho'-k-.. -\- .'\?,x .~J ^ ~f'~ Conditions: ~ ~ J" ( - _C. --. '. ' he \~ 1''').... {..{ 0 ..{ '^ I Vl,b- I~}.. Present Were:~King _J.Doherty ~.Dickerson _D. Bergen vi.'Holzapfel Other: ~ \ -- ___/ Date7-._ . Ch.e<1 -:P16-- ~\ ~~ C0 ~,:\ ~\'o/ ~ /' Mailed/Faxed to: \". . . 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., February 8, 2006, the following recommendation was made: Moved by Don Wilder, seconded by Tom Schlichter, it was RESOLVED to recommend to the Southold Town Board ofTrustees APPROVAL WITH A CONDITION of the Wetland Permit application of CAROLYN & JOSEPH FERRARA to construct a fixed timber dock consisting of a 4'X 12' inclined ramp; 4'X 84' fixed timber catwalk; 3'X 14' hinged ramp; and 6'X 20' float secured by (2) 8" dia. pilings. Dock is to be constructed of untreated lumber and ramp and float shall be removed and reinstalled seasonally. Located: 2170 Maple Lane, East Marion. SCTM#38-8-1 The CAC recommends Approval of the application with the Condition no treated lumber is used and there is no change to the natural buffer. Vote of Council: Ayes: All Motion Carried feb 8, 2006 Field Inspec_ . 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'Nli'::: __~III ~.:~-'~ ! l, / --:j; I \ IIHl ........<>wzo , ~ I ~ '1l P. FITZGERALD 0 ~ ~.:- %. ~ " EN-CONSULTANTS, INC. 'S- ........ 'b 1319 NORTH SEA ROAD ~ 5 " SOUTHAMPTON, NY 11968 . ~ NIF G. STOlZKY 631-283-6360 0 -- -, """ N/f J. &' W. GRIGGS SEE SHEET 2 OF 3 FOR LARGER SCALE ~EW OF PROPOSED DOCK ," = 100' ! NIF CLEAVES POINT PROPERTY OWNERS ASSOCIATION ti~: I. PLI'p05t': PrNatel:oot doc""" 2. l?abJm: I'l-W !J. l?ocUo be arel:ruded of ,..,-treated Unber 4. Ranp md float 10 be """"",14 r""""",d '" later th31 N.Nember I md rel",wk.d '" eailer th31 ~III 7. Water depth. recorded c1T~ ION We ~ ~n-C~. Ire. & Joseph A. I"""",. !-.5. (12:!JO PM. 8-17-07) 6. Pro>,ci; location: 2110 ~Ie!-a-e ~...t Ma-Ion. SCfM No. IOOO-!J8-8-1 1. Revised 4-10-0610 indude pe<bt.rlztJ acce55 %ep5 md set date, fa' ,."""" remova md reWlatlon F ....12.!It.WP --- 114' ....- J',,1.'1tMIP 1',,2O'f'U>>.T .. PLE (rl'P.) PROPOset? t?OCK fOR C,AJ(OI.. YN ANt? JOsePH ffRRI'J(A ON UN(I?INfR5 ~AY, fA5f MARION, 5UffOl..K CO" NY :tfff I Of ~ 1/11/06, "1-/10/06 S}, IIPR 1 S 2006 ~ ~ '?, ~ 70 ';P. o % '0 ~ ~ "C. ~ '$o~ 1110..--" ""'" +249' APPROVED BY BOARD OF TRUSTEES TOWN OF SOUTHOLD DATE 3/.2- 7-/0 b ~~ 1 - 40' (2) 4" x 4" STEPS U' ~. ~? . <J'. ~,)' . o. 4' x -- - - -- - -'-- - - -- +90' --- --- --- ./ ./ ~ / 4' x 84' FIXED CA1WALK W / / / / / / / / / / :t114' -3'-0" -3'-2" / ~ ,S ~ ~1;~ ,?><?-<0 \ EN-CONSULTAfITS,I:,C G 1319 NORTH SEA I~OAD SOUTHAMPTON, NY 11968 631-283-6360 -3'-1'" -3'-4" -3'-6" -3'-9" EX. DOCK 3' x 14' RAMP 6' x 20' FLOAT 8" PILE (TYP.) PROPOseD DOCK fOR CAROL- YN AND JOsePH f~RRARA ON UARl/IN~R5 r?AY' ~A51 MARION, 5UffOt..K CO. NY , . 5rf(:f 2 Of? 1/11/06.4/10/06 -...... .".,"" :t180' ",0, _ ~ ~b ~~ ~ ~ lI'\ X p' ,~ r "" CO ~ ~ o N r L ~ <r L ';' '" o N '"' ~ <C V '" tiS '" '" " '" "' i1 i'4 e E '" ;,- ~ ~[ <r j ~ ~ N l '" <r N +1 1 't l' 8SmHX, '"' u Cl G G &\ Cl <L - ClO ,,-,C'l <L , I = '3 -- :::'5"-' '" B..: ~ ~ ir: '" :z Cl '" u &\ EN-CONSUl1AN1S, INC. 1319 NOR1H SEA ROAD S0U1HAMP1QN, NY 11968 631-283-6360 PROPOsel? I?OCK fOR CAROL. YN ANI? . JOsePH f~RRARA ON CAARl?IN~R5 fJAY, ~A5f MARION, 5LffOL.K CO" NY 5f-fE:f? Of? 1/11/06,4/10/06 . . MAIliNG ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE WCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND Telephone: 631 765.1938 Fax: 631 765-3136 PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair FEB 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 15,2006 Re: Proposed Permit to Wetland Permit for Carolyn and Joseph Ferrara SCTM#1000-38-8-1 En-Consultants, Inc. on behalf of CAROLYN & JOSEPH FERRARA requests a Wetland Permit to construct a fixed timber dock consisting ofa 4'X 12' inclined ramp; 4'X 84' fixed timber catwalk; 3'X 14' hinged ramp; and 6'X 20' float secured by (2) 8" dia. pilings. Dock is to be constructed of untreated lumber and ramp and float shall be removed and reinstalled seasonally. Located: 2170 Maple Lane, East Marion. SCTM#38-8-1 The applicant currently enjoys access to the water. Three dockslboating facilities for use by several homeowners associations exist to the east. The proposed action has been reviewed to Chapter 95. Waterfront Consistencv Review of the Town of Southold Town Code and the Local Waterfront Revitalization Prol!ram (LWRP) Policv Standards. Based upon the information provided on the LWRP Consistencv Assessment Form submitted to this department. as well as the records available to me. it is mv recommendation that the proposed action is INCONSISTENT with the followinl! L WRP Policv Standards; J. Protect visual quality associated with public lands, including public ransportation routes, public parks and public trust lands and waters. I. Limit water surface coverage or intrusion to the minimum amount necessary. 2. Limit alteration of shoreline elements which contribute to scenic quality. K. Protect visual quality associated with agricultural land, open space and natural resources. 3. Avoid structures or activities which introduce visual interruptions to natural landscapes including: a. introduction of intrusive artificial light sources b. fragmentation of and structural intrusion into open space areas . . c. changes to the continuity and configuration of natural shorelines and associated vegetation The action would introduce an additional dock for private use and impact the visual quality ofthe area. 6.1 Protect and restore ecological quality throughout the Town of Southold. A. Avoid adverse changes to the Long Island Sound and the Peconic Bay ecosystems that would result from impairment of ecological quality as indicated by: 1. Physical loss of ecological components Physical loss is often the most obvious natural resource impairment to identify. It usually results from discrete actions, such as filling or excavating a wetland or clearing an upland forest community prior to development. B. Protect and restore ecological quality by adhering to the following measures. 1. Maintain values associated with natural ecological communities. Each natural ecological community has associated values which contribute to the ecological quality of the Town of South old. These values should be assessed on a case-by-case basis. 2. Retain and add indigenous plants to maintain and restore values of natural ecological communities. a. Protect existing indigenous plants from loss or disturbance to the extent practical. 3. Avoid fragmentation of ecological communities and maintain corridors to facilitate the free exchange of biological resources within and among communities. a. Each individual resource area should be maintained as a complete contiguous areas to protect the area's natural resource values. Specifically, actions that would fragment the ecological community into separate ecological islands should be avoided. b. Where fragmentation of ecological communities has already occurred, the adverse effects of fragmentation can be mitigated by maintaining or providing connecting corridors to allow exchange of biological resources. 4. Maintain ecological integrity of particular locales by maintaining structural and functional attributes, including normal variability, to provide for self-sustaining systems. 5 . Avoid permanent adverse change to ecological processes. The proposed action would result in a physical loss of ecological components. 9.4 Assure public access to public trust lands and navigable waters. A. Provide free and substantially unobstructed passage along public trust shorelands. B. Ensure that interference with passage along the shoreline is limited to the minimum extent necessary to gain access from the upland to the water. . . E. 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: 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 gain access are available. Piers, docking facilities, and catwalks must not result in an unnecessary inteiference 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. The applicant has not demonstrated that the proposed action will not impede public access along the shoreline or navigable waters. 9.5 Provide access and recreation that is compatible with natural resource values. 10.3 Allow for continuation and development of water-dependent uses within the existing concentration of maritime activity in harbors, inlets and creeks. In addition to Mattituck Inlet and Creek and the Village of Greenport, important concentrations of water-dependent uses are located at Orient Point, Orient hamlet, Gull Pond, Mill CreeklBudds Pond, Town/Jockey Creek, New Suffolk, James Creek and West Harbor. Individual marinas and other water-dependent uses are located outside of the concentrations of maritime activity. A. Ensure that public actions enable these harbors, inlets and creeks to continue to function as concentrations of water-dependent uses. B. Protect and enhance the economic, physical, cultural, and environmental attributes which make up the character of these harbors, inlets and creeks. 10.4 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 development of new water-dependent uses at sites that are located outside of the traditional concentrations of water-dependent uses or at sites that exhibit important natural resource values or where the proposed use will cause significant adverse affects on community character, surrounding land and water uses, or scenic quality. The L WRP does not support the construction of docks or structures in Gardiners Bay and therefore, there is no opportunity for the proposed action to be modified and become consistent . . with the L WRP. Correspondingly the L WRP reconnnends the use of "alternatives to long piers or docks include use of dinghies to reach moored boats and mooring in nearby marinas n. Pursuant to Chapter 95, the Board of Trustees shall consider this reconnnendation in preparing its written determination regarding the consistency of the proposed action. Albert J. Krupski, presiden. James King, Vice-President Henry Smith Artie Foster Ken Poliwoda . Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fex (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only Coastal Erosion Permit Application /Wetland Permit Application ..............Major Minor Waiver/Amendment/Changes 3eceived Application: tl.J'S7f11o /Received Fee:$d.'S'\}"' ...--completed Application 1/J.D7J.. _Incomplete _ SEQRA Classification: Type I_Type II_Unlisted Coordination:(date sent) --eAC Referral Sent: tl.J...:::.70f, --aate ofInspection: /J..j f)~ _Receipt ofCAC Report: _Lead Agency Determination: Technical Review: ~ublic Hearing Held: J...11s1tJ/" Resolution: M.~.\\'e\\J1.1' .....-nl Jta'SD -.I... n..."\t~l ,'!! )1)0/ 1\. n "'-rr T JA r~ ~ ~i 2;J06 ( WR. P j,./ Name of ApplicantCAROL YN & JOSEPH FERRARA Address 26 SUBURBAN A VENUE, PELHAM MANOR, NY 10803 Phone Number: 914-738-2903 Suffolk County Tax Map Number: 1000 _ 38-8-1 Property Location: 2170 MAPLE LANE, EAST MARION (provide LILCO Pole #, distance to cross streets, and location) AGENT: EN-CONSULTANTS, INC. (If applicable) Address: 1319 NORTH SEA ROAD, SOUTHAMPTON, NY 11968 (~ ~V~Ie\~ Phone: 631-283-6360 4It Board of Trustees APPli~on GENERAL DATA Land Area (in square feet): 166,369.41 Area Zoning: R-40 Previous use of property: SINGLE FAMILY RESIDENTIAL Intended use of property: NO CHANGE. Prior permits/approvals for site improvements: Agency Date No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: Project Description (use attachments if necessary): CONSTRUCT A FIXED TIMBER DOCK CONSISTING OF A 4' X 12' INCLINED RAMP; 4' X 84' FIXED TIMBER CATWALK; 3' X 14' lllNGED RAMP; AND 6' X 20' FLOAT SECURED BY (2) 8" DIAMETER PILINGS, ALL AS DEPICTED ON THE PROJECT PLAN PREPARED BY EN-CONSULTANTS, INC. DATED JANUARY 17,2006. DOCK IS TO BE CONSTRUCTED OF UNTREATED LUMBER AND RAMP AND FLOAT SHALL BE REMOVED AND REINSTALLED SEASONALLY. ~Board of Trustees APPlic~on WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: PRIVATE, RECREATIONAL BOAT DOCKAGE. Area of wetlands on lot: 0 sq uare feet Percent coverage of lot: 0 % Closest distance between nearest existing structure and upland edge of wetlands: >100 feet Closest distance between nearest proposed structure and upland edge of wetlands: 0 feet Does the project involve excavation or filling? x No Yes If yes, how much material will be excavated? N/A cubic yards How much material will be filled? N/A cubic yards Depth of which material will be removed or deposited: N/A feet Proposed slope throughout the area of operations: N/A Manner in which material will be removed or deposited: N/A Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): TIffi PROPOSED DOCK, WHICH WOULD BE LOCATED ALONG AN UNVEGETATED SHORELINE & IMMEDIA TEL Y ADJACENT TO RESORT RESIDENTIAL LANDS AND AN EXISTING DOCK OF MUCH GREATER SCOPE, WILL HAVE NO SIGNIFICANT ADVERSE IMPACTS ON TIffi ADJACENT LITTORAL ZONE TIDAL WETLANDS OR WATERS OF TIffi TOWN. 4It Board of Trustees APPli~ion COASTAL EROSION APPLICATION DATA Purposes of proposed activity. PRIVATE, NON-COMMERCIAL, BOAT DOCKAGE. Are wetlands present within 100 feet of the proposed activity? No x Yes Does the project involve excavation or filling? x No Yes If Yes, how much material will be excavated? N/A (cubic yards) How much material will be filled? N/A (cubic yards) Manner in which material will be removed or deposited: N/A Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) lHE PROPOSED DOCK WILL BE LOCATED ALONG AN UNVEGET A TED SHORELINE AND IMMEDIATELY ADJACENT TO RESORT RESIDENTIAL LANDS AND A SERIES OF EXISTING DOCKS OF MUCH GREATER SCOPE. lHE RAMP AND FLOAT SHALL BE REMOVED SEASONALLY, AND THE FIXED CATWALK WILL BE CONSTRUCTED ON AN OPEN-PILE ASSEMBLAGE WIlH NO W A VEBREAKS OR OlHER STRUCTURES THAT WOULD AFFECT LITTORAL DRIFT OR EROSION AT lHE PROPOSED OR NEIGHBORING SITES. THE DOCK CAN ONLY BE CONSTRUCTED AT A SHORELINE LOCATION, AND lHE MINIMAL DESIGN OF THE DOCK AS WELL AS ITS PARTIAL SEASONALITY WILL ENSURE THAT IT HAS NO ADVERSE EFFECTS ON THE BEACH OR OTHER NATURAL RESOURCES. AS SUCH, THE PROPOSED DOCK MEETS WIlH THE PERMIT ISSUANCE STANDARDS SET FORlH IN SECTION 37-12. 14-16-4 '(2/87)-Texl t2 PROJECT 10. NUMBER 617.21. Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I-PROJECT INFORMATION (To be completed by Applicant or Project sponsor) SEQR 1 APPLICANT/SPONSOR: CAROLYN & JOSEPH FERRARABY I 2. PROJECT NAME EN-CONSULTANTS, 1Ne. 3 PROJECT LOCATION: Municipality EAST MARION County SUFFOLK 4 PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc, or provide map) 2170 MAPLE LANE, EAST MARION, TOWN OF SOUTHOLD, SCTM #1000-38-8-1; MAP PROVIDED 5. 15 PROPOSED AGfEr o Modification/alteration I8J New Expansion 6 DESCRIBE PROJECT BRIEFLY: CONSTRUCT A FIXED TIMBER DOCK CONSISTING OF A 4' X 12' INCLINED RAMP; 4' X 84' FIXED TIMBER CATWALK; 3' X 14' HINGED RAMP; AND 6' X 20' FLOAT SECURED BY (2) 8" DIAMETER PILINGS, ALL AS DEPICTED ON THE PROJECT PLAN PREPARED BY EN-CONSULTANTS, INC. DATED JANUARY 17,2006. DOCK IS TO BE CONSTRUCTED OF UNTREATED LUMBER AND RAMP AND FLOAT SHALL BE REMOVED AND REINSTALLED SEASONALLY. 7. AMOUNT OF LAND AFFECTED Initially 3.819 acres Ultimately 3.819 acres B. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? lZJves DNO If No, describe briefly 9. WHAT 15 PRESENT LAND USE IN VICINITY OF PROJECT? ~ Residential o Industrial o Commercial o AgriCUlture o Park Forest/Open space DOther Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR UL TIMATEL Y FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL. STATE OR LOCAL)? IZI Yes DNO If yes, list agency(s) and pennitlapprovals DEC, COE, DOS 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? DYes IZI No If yes, list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? DYes IZINo I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name RO$ERT E. HERRMANN, COASTAL MANAGEMENT SPECIALIST DATEJANUARY24,2oo6 Signature: '1 ~ If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER . . NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant : CAROLYN & JOSEPH FERRARA SCTM#1000- 38-8-1 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: CONSTRUCT A FIXED TIMBER DOCK CONSISTING OF A 4' X 12' INCLINED RAMP; 4' X 84' FIXED TIMBER CATWALK; 3' X 14' HINGED RAMP; AND 6' X 20' FLOAT SECURED BY (2) 8" DIAMETER PILINGS, ALL AS DEPICTED ON THE PROJECT PLAN PREPARED BY EN-CONSULTANTS, INC. DATED JANUARY 17, 2006. DOCK IS TO BE CONSTRUCTED OF UNTREATED LUMBER AND RAMP AND FLOAT SHALL BE REMOVED AND REINSTALLED SEASONALLY. 2. That the property which is the subject of Environmental Review-is located adjacent to your property and is described as follows: 2170 MAPLE LANE, EAST MARION 3. That the project which is subject to Environmental Review under Chapters 32, 37, or 97 of the Town Code is open to public comment on:FEB. 15TH, 2006@ 7:00 pm You may contact the Trustees Office at 765-1892 or in writing. The above referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNERS NAME : CAROLYN & JOSEPH FERRARA MAILING ADDRESS: 26 SUBURBAN AVENUE PELHAM MANOR, NY 10803 PHONE #: 914-738-2903 Enc.: Copy of sketch or plan Showing proposal for your convenience. 5 ~OF OF MAILING OF NOTICE ~ ATTACH CERTIFIED MAIL RECEIPTS Name: Address: CLEA YES PT. PROPERTY OWNERS ASSOC., INC. P.O. BOX 507 GREENPORT, NY 11944 CRESCENT BEACH CONDOMINIUMS P.O. BOX 586 GREENPORT, NY 11944 RALPH GRANDINEm PAUL FITZGERALD AINA FORD 445 OSPREY NEST ROAD EAST MARION, NY 11944 4 WASHINGTON SQUARE VILLAGE NEW YORK, NY 10012 16 AVON ROAD LARCHMONT, NY 10538 GUENTHEF: STOTSKY ELIZABETH GEYER THELMA & WILLIAM MANNERS 185 OSPREY NEST ROAD EAST MARION, NY 11939 115 OSPREY NEST ROAD EAST MARION, NY 11939 CHARLOTTE & KARL SHAAKE JANE & WELDING GRIGGS 310 FREDERICK STREET DIX HILLS, NY 11746 STATE OF NEW YORK COUNTY OF SUFFOLK ROBERTE. HERRMANN doing business at EN-CONSULTANTS, INC. 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 , being duly sworn, deposes and says that on the 24TH day of JANUARY ,20 ~, deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at SOUTHAMPTON , that said Notices were mailed to each of said pers s by (certified) :{(X~'lla<ilQ(~) mail. Sworn to before me this 24TH day of JANUARY ,2006 ~JJ~~ Notar Pu ic . . 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 BOARD OF TRUSTEES: TOWN OF SOUTHOLD --~--------_._------------------------------------------------- In the Matter ofthe Application of ---('~_tL_'t__':i..~_~~b.__'1=~_M~ COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING ,-rBBi~!tt FtI-(PN~/~"k, (W-'J /"'311 J/()V-f0 , (dA ~)~ ~~I-.t--, H f- M61 being duly sworn, depose and say: That on tht-day of i2b- , 20rh, I personally I2pJted the property known as f 0 Lav t%f {It/IM-f,o->J by placing the Board of Trustees official oster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight day.s prior to the date of the public hearing. Date of hearing noted thereon to be held . , I\'". ~ 1 (.,:3 I, ~~"'" Dated: (signature) Sworn to before me this / <-11. day of:::u, 200;' ~";tI ~ IILSIIIIEIIl ~~IiIIM ClIIIIiIILID1II1 IIIIIII.SIIIlClrllIO~ ClIIIIiI"t~.l. . <lJ I'- r'l <lJ ...n ru o ru U.S. Postal Service", . CERTIFIED MAil", RECEIPT (DomestIc Mall Only, No Insurance Coverage Provided) Postage $ ru o o o CertlfledFee Return Reclept Fee (Endorsement Required) o RestrictedDelIvetyFee U1 (Endorsement RequIred) m r'l 1bI8IPostar ~ o 0 o I'- :!li8O('A;;iM or PO Box No Ciji.'Siii8;z; Paul Fitzgerald & Aina Ford 16 Avon Road Larchmont, NY 10538 Ul <lJ r'l <lJ ...n ru o ru U.S Postal Service CERTIFIED MAil" RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) FICIAl USE Postage $ ru o o o 1btal Post, :~. . \ r:\ <1~~ I .... / l '""c.: ' ~ Guenther Stotsky 4 Washington Square Village New York, NY 10012 ee_ Fee Return Reclept Fee (Endorsement Required) CI RestrIcted Delivery Fee U1 (Endorsement Required) m r'l ~ o o I'- llii;H;i.APt] or PO Box ^ Ciji.'Siii.;, t 0 . I'- ~ r'l <lJ ...n ru o ru U S Postal Service CERTIFIED MAIL" RECEIPT (DomestIc Mall Only; No Insurance Coverage Provided) OFFICIAL USE _$ ru o c:J Return Reclept Fee o (Endorsement RequIred) o Restricted Delivery Fee Ul (Endorsement Required) m r'l Certified Fee 1bI8IPoatagF'_U .. "OS I 0 Charlotte & Karl S11 e Jane & Welding Griggs 310 Frederick Street Dix Hills, NY 11746 ~ ~ o o I'- :!li8O('Aj;f1V( or PO Box No. CitY:-Siii6;Z11 ru a- r'l <lJ ...n ru o ru U.S. Postal Service CERTIFIED MAil", RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) FaCIA _$ J c._. Fee ;)At [) 17( E '""" . J/1/'!', \) 2( .-- . 2006' ",,",~J otl>s'.-/" , , ru o o Cl Retum Redept Fee (Endorsement Required) Cl Restricted Delivery Fee lJ") (Endorsement Required) m r'l , Total Postage JI. C'_ ct: ~ CJ tTo o I'- :!li8O('A;;i1i1O or PO Box No. Ck;Y:"Si8i8:ZiF Ralph Grandinetti 445 Osprey Nest Road East Marion, NY 11944 . U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestfc Mall Only; No Insurance Coverage Provided) LI1 .-'I ru <t:l ...D ru o ru OFFICIAL USE Postage $ ru o o CJ Return Reclept Fee (Endorsement Required) D Re8trlctedDellveryFee Ul (Endorsement Required) rn .-'I Certified Fee Total Post~-... .. ""--- (to c:r CJ entTo o I'- "SiiHi,'J.pi '" PO Box CiiY.-Siare; 11 944 U S. Postal Service CERTIFIED MAIL, RECEIPT (Domestic Mall Only; No Insurance Coverage ProVided) c:r LI1 .-'I <t:l ...D ru o ru OF ICIA,L USE ru o CJ Return Reclept Fee o (Endorsement Required) o Restricted Delivery Fee U1 (Endorsement Required) rn .-'I - He.. 1bta1'" c:r o o I'-~('Ai or PO 8G City,"Siai Postage Certified Fee t 0 Thelma & William Manners 115 Osprey Nest Road East Marion, NY 11939 . U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic MatI Only; No Insurance Coverage Provided) <t:l o ru <t:l ...D ru o ru ru o Certified Fee o CJ Retum Reclept Fee (Endol'8Elment Required) o Restrlclecl Delivery Fee ~ (Endor&em8nt Required) .-'I Total Postar OF ~ .- c:r o 0 o I'- "SiiHi,'A,Oii'l orPOBoxNc. CitY."Si8i8;;z, Crescent Beach Condominiums P.O. Box 586 Greenport, NY 11944 .-'I ...D .-'I <t:l ...D ru o ru U.S. Postal Service CERTIFIED MAIL, RECEIPT (Domestic Mati Only; No Insurance Coverage Provided) USE Postage ru o o o Retum R89IePt Fee (Endorsement Required) D Restricted Delivery Fee LSl (Endorsement ReqUired) rn .-'I Cortillod Fee - He.. TotaIPooIar c:r o 0 o I'- lliHl;'Aj;fl'l or PO Box ND CItji,'s;,;;;;Zi Elizabeth Geyer 185 Osprey Nest Road East Marion, NY 11939 . .oard of Trustees APPlicaw- .. AUTHORIZATION (where the applican.t is not the owner) '" ~ J,t l fU(~~idingat 1-h ~\Vbl1( b~", (pr t owner of roperty) (mailing address) r ~ ~D{) N'i logo,? do hereby authorize En - CASU \-trJ.J-S, lV\c- , I, A.J~ (Agent) to apply for perrnit(s) from the Southold Board of Town Trustees ]Of€jJh P-ffrdt/4.,. 8 , ~ Board of Trustees APPlidlllon County of Suffolk State of New York C~q,J + Jose('tf ~rrwc.. BEING DULY SWORN DEPOSES AND AFFIRMS THAT HElSHE IS THE APPLICANT 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 Vffi.TUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATlVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. C~OqN r~rrwtA 0'OS€fl Hrro-(,,- SWORN TO BEFORE ME THIS ;)0 DAY OF ~ ~ P cGJn.~ Notary Public "" ,2000- "EE}\P>. fl.. ~~~~~'{-~ 'f~ p ~ .~. ~!I!.~ Q\ ,....~ Notery ~~. t\\,~~8'~t'~ _-/l "",~~\j\ N~W ~~V ~;u"" r ~~.-- .' . . . APPLICANT/AGENTIREPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of South old's Code of Ethics orohibits conflicts of interest on the 'Dart of town officers and emnlovees. The numose of this form. is to nrovide information which Clm alert the town of nos sible conflicts ofinterest and anow it to take whatever action is necessarY to avoid same. YOUR NAME: ~'[; c::: st name, mid ~tial'~less you are ap~e:i~ :: ~ ;; S ~ L ( someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPUCATION: (Check all that apply.) Tax grievance Varian.. Change of Zone Approval of plat Exemption from plat or official map Other (If "Other", narne the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the To\Yn of South old? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. X NO YES If you answered "YE", complete the balance of this form and date and sign where indicated. Name of person employed hy 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, or child is (check all that apply): _A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); _B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); _C) an officCT, director, partner, or employee ofthc applicant; or _D) the actual applicant. . DESCRIPTION OF RELATIONSHIP iMfI... ::Jo~~/f\. . . ~ EN-CONSULTANTS, INC. 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www.enconsultants.com ENVIRONMENTAL CONSULTING January 24, 2006 Town of Southold Board of Trustees 54375 Main Road Post Office Box 1 179 Southold,NewYork 11971 Attn.: Lauren Standish ""I Ui.'," Re: Carolyn & Joseph Ferrara 2170 Maple Lane, East Marion SCTM # 1000-38-8-1 Dear Ms. Standish: In regard to the above referenced property, enclosed are the following for the Board of Trustees review: I. Three (3) Wetland Permit Applications including a) Short Environmental Assessment Form; b) LWRP Consistency Assessment Form; c) Authorization & Disclosure Forms; and d) project plans; e) surveys 2. One (I) set of site photographs. 3. Application fee of $250.00 wetlands. I trust this information shall allow you to process our permit request. Should any additional information be required, please do not hesitate to contact our office. Si'n' ely, V-- Ro e . Herrmann Coastal Management Specialist Ikhs Enc. Town of South old . . LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS I. All applicants for pennits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of South old Watemont Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a detennination 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 Watemont Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects UDon the coastal area (which includes all of South old Town). 3. If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the L WRP policy standards and conditions contained in the consistency review law. Thus. each answer must be explained in detail. !istin!! both sUDPortin!! and non- sUDDortin!! facts. If an action cannot be certified as consistent with the L WRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of South old's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 38 - 8 J!~ \' t r,ll ;,_: ;~OC;;J PROJECT NAME CAROLYN & JOSEPH FERRARA The Application has been submitted to (check appropriate response): Town Board 0 Planning Board 0 Building Dept. 0 Board of Trustees EJ I. 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) o o (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: ~ Nature and extent of action: CONSTRUCT A FIXED TIMBER DOCK CONSISTING OF A 4' X 12' INCLINED RAMP: 4' X 84' FIXED TIMBER CATWALK: 3' X 14' HINGED RAMP: AND 6' X 20' FLOAT SECURED BY (2) 8" DIAMETER PILINGS. ALL AS DEPICTED ON THE PROJECT PLAN PREPARED BY EN- CONSULTANTS. INC. DATED JANUARY 17. 2006. DOCK IS TO BE CONSTRUCTED OF UNTREATED LUMBER AND RAMP AND FLOAT SHALL BE REMOVED AND REINSTALLED SEASONALLY. . . Location of action: 2170 MAPLE LANE, EAST MARION Site acreage: 3.819 acres Present land use: Residential. one-family dwelling Present zoning classification: R-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Carolyn & Joseph Ferrara (b) Mailing address: 26 Suburban Avenue Pelham Manor, NY 10803 (c) Telephone number: Area Code () 914-738-2903 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes D No~ If yes, which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See L WRP Section III - Policies; Page 2 for evaluation criteria. DYes D No [!] Not Applicable 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 DYes D No [i] Not Applicable . . Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of South old. See L WRP Section III - Policies Pages 6 through 7 for evaluation criteria [~ Yes C No 0 Not Applicable The orowsed dock is consistent with Policv 3 insofar as it shall be located immediatelv adiacent to and within the aesthetic s~adow of an existing dock of substantially lZreater scooe and will therefore not alter any pristine or other shorelme elements which contribute to scenic auality. The orooosed dock has also been limited to the water surface coyerage and waterway intrusion that is the minimum amount necessary. The soecifications of the o~ooosed ~o~k are consistent with those all~wed by the Board of Trustees pursuant to ChaPter 97 and its assocIated whcles. and the ramp and float Wlll be removed seasonallv to further minimize the structure's intrusion on the waterway. 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 DYes 0 No ~ Not Applicable 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 eyaluation criteria [J Yes C No UNotApplicable Insomuch as Policy 5 is aoplicable to the proiect the dock will be constructed of untreated lumber so as to ayoid water auality imoacts wtentially associated with the use of CCA and other wood treatment chemicals. 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 L WRP Sec.tion III - Policies; Pages 22 through 32 for evaluation criteria. [!l Yes 0 No C Not Applicable The roO ect is consistent with Pol" with res ect to all of its a licabl onents. Althou a ve_etated tidal wetlands ecosystem is abse d the site is not desil!llated as a Sil!llificant Coastal Fish and Wildlife Habitat. the proposed dock has been desil!lled and located so as to avoid any potential phvsicalloss. delUllCiation or functional loss of ecolollical components. The dock will be constructed of untreated lumber and be situated a10nll an unvel!etated shoreline within the virtual shadow of an existinl! dock of much llreater scope and immediately adiacent to a Resort Residential District. which allows for and where presently exists intense residential development. includinll the said existinl! dock. Therefore. there will be no "frallffientation of ecolol!ical communities" caused by installation of the proposed dock. and there will be no net loss of tidal wetlands. The proiect will meet the statutOry and rellUlatory relluirements of Article 25 (Tidal Wetlands) of the NYS ECL and of Chapter 97. most specifically ~97-27(C)(2) and ~97-28. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of South old. See L WRP Section III - Policies Pages 32 through 34 for evaluation criteria. DYes 0 No ~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste. and ~az~rdous substances and wastes. See L WRP Section III - Policies; Pages 34 through 38 for evaluatIon crIterIa. DYes 0 No [!J Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and pu~lic resources of the Town of Southold. See L WRP Section III - Policies; Pages 38 through 46 for evaluatIOn criteria. [!J YesD NoD Not Applicable The proiect is consistent with Policv 9 in that the location. confil!uration. and seaward intrusion of the structure articularl with res ect to the ad. acent dock to the east will maintain obstructed assa e alon ublic trust shorelands and navillation in navil!able waters. Specifically. the adiacent. existinll dock by itself sets a localized constraint on navillation. which the proposed dock would be located well within. The dock's landward extension is also limited to the minimum extent necessary to maintain unobstructed oedestrian passalle a10nll the shoreline. Given these factors. in addition to the character of the adiacent dock and Resort Residential lands: the water-dependent nature of the proposed use: the use of untreated lumber: the seasonal removal of the ramp and float: the lack of on-site vel!etated wetlands and other underwater vel!etated communities: and the absence of adverse economic impact on existinl! commercial enterprises or navil!ation. the proiect is more specifically consistent with Policy Section 9.3. Attach-additional SheelSlf necessary---- WORKING COAST POLICIES . Polley 10. Protect Southold's _-dependent uses and promote sitiltlf new water-dependent uses in suitable locations. See L WRP Section III - Policies; Pages 47 through 56 for evaluation criteria. [] Yes 0 No 0 Not Applicable With resoect to the applicable sections of Policy 10. the proiect is consistent because the dock will be situated adiacent to intensely deyeloped Resort Residential lands characterized bv an existing and much larger and intrusiye dock structure. As such. the proposed dock will neither alter nor adversely imPair the surrounding community character. water use. or scenic auality. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See L WRP Section III - Policies; Pages 57 through 62 for evaluation criteria. DYes 0 No ~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See L WRP Section III - Policies; Pages 62 through 65 for evaluation criteria. DYes 0 No Ii~ 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. DYes 0 No ~ Not Applicable \ PREPARED BY Ii '11- Robert . Herrmann Coastal Management TITLE ~pp....i" 1 i "t- DATE 1/24/06 Amended on 8/1/05 A 4693 Town 01 Southold Sullolk County, NY lbe People 01 the Stale of New York .s. '-""~';;t:1} cffl;;;~":O ""'5liD fhnfk .LIT .J en' g~ .47Q-MO~ ~TE uceNSE OR REGISTRATION NUMBER MIDDLEIN\11AL APT. NO. '" I Yj?>f THE OPERATOR OR REGISTERED ONNER OF VEHICLE DESCRIBED BELa.\' DATE EXPIRES P\.ATEND. STATE ON.Y, ON,J. o N.Y. ON,J. 0 "-'oTE m>E o PASS 0 COMM VEHICLE MAKE o BUICK o FORO o TOYOTA o Mey o o s.w. CADILlAC PLYM o o DODG' PONTIAC BODY m" o 'OR o TIlUCK o 4DR o TRAILER o BUS o "'" VIN NUMBER o SPEEDING MPH IN A FACTllAL PART (NOT FOR WS) d,J. TMF~gO'iJ~d;t:~~ PARKING SCHEOULED ANE S ']'. _A" " ('Ie... In ,,"" CONTACT COURT 0 THE PERSON DESCRIBED ABOVE IS SUMMONED TO APPEAR AT SOUTHOlD TOWN JUSTICE COURT, 53095 ROI.I1'E 25, SOVTHOlD, NY 11171 ON " ?3c.J \"""' FAlSE STATEMENTS HERElN AAE P\JNISHil.SLE I'S A ClASS A MISDEMEANOR PURSUANT TO SECTION 210.45 Of THE p,-r>l.Y,$ COMPlAINANT MOGEl ~ COURT COpy ')ol ,. AS~l1, D JJ 2. Division/Precinct New York State \3.0RI ;).5'1 14~O'ig ~C"'N'. I 6. Incident No. 'Zbc INCIDENT REPORT NY SI o Sopp .-?.O?'] 7. R.I;Jort Day 8 ;;''' I j), 0 I ()I;, I :~';~im' Occurred ~ 1.10. Day \ 11. Date I Oc.l'~;~ Occurred 1 D. Day \ 14. Date \ 15. Time On/From: f11.. & I ---rv. .. "2.<> To . l-n. 0 Izv 106 /0 z-v ... 16. Incident Type 17. Business Name 18.Weapon(s) A Z IOu.., ("k 1.)\ Of .-1-",) Ul 0 19. Incident Address (Street No., Street Name, Bldg. No_. Apt. No.) 12O-~ZiP(DC OT OV) 12~~::tion :de 8. ~ :;l,no ()\ #1\4- L...,. , -22. OFF. NO. LAW SECTION. SUB CL . CAT OEG ATT NAME ,Of OFFENSE CTS 23. No. alVictims C. 1 "(", - -.;7 - - A,)" '- .=r" 2 24. No. 01 Suspects ~, . 3 '/3 2Jj: ,PerSon T~! 90=~ainanC OT=~-i'1';;'P,erS6rf~~-;'PFL-=_ F'e,~2R~@-- _:"'(l':'-'^'"ltne~ :Nf';'N9I_-lr~iYie~ iVl'=V!c:tirn T26 Victim also complainant oy ON E. Ul TYPE/NO - . ~AME'{LAST~ FJRST,Mtbbl~, .'nTlE; :_-~'I?gt~of ~fRet;T~NQ~."Sm~~T' fV.ME:.BLDG:'N6.,Apt~"N6;.',CtTY/ #T~TE.,'ZtP te~9')e:~o: ,i;. z <> . . F. 'I/) ffi oT 'f' -err" oJ> 1"'. A_ t.., 11-5. "S ~110 ill\oA-f'J... l.... -~. .J u-""..3VI' -'" 1 r . G. Q ,~ ., ., :~ " H. ~ jy) ,.... ., L ,," '<,Ii;', '", Ii'" I: 27. Dale of Birth 28. Age 29. Sex I ~R'~ 131. Ethnic 132. Handicap 133. Residence Status 0 Temp Res_ . Foreign Nat. J. I I OM OF o White o Black o other 0 Hispanic 0 Unk. DYes 0 Resident 0 Tourist 0 Student 0 Other 1 -'i OU o Indian o Asian DUnk. 0 Non-Hispanic o No 0 Commuter 0 MUital)' 0 Homeless 0 Unk. n'_ ~_ /%E 34. ~y~INO'l35. Name (Last, First, Middle) 36. Alias/Nickname/Maiden Name (Last, First, Middle) 137. Apparent Condition K. fp}~ o Impaired Drugs 0 MenIal Dis. 0 Unk. T;ffi o Impaired Alco 0 Injllll 0 App NOITll 38. Address (Street No., Street Name, Bldg. No., ApI. No., City, State, Zip) 139. Phone No. 40. Social Security No. e. 1--4.; o Home tL;'C o Work l;lW Iii 41 Date of Birth 42. Age 43. Sex \ 44. Race \ 45. Ethnic 146. Skin \47, Occupation M. a..:UJ 1 OM OF o White o Black o Other 0 Hispanic 0 Unk. o Ligh! 0 Dark 0 Unk. ... 'y)a: DUD Indian o Asian DUnk. 0 Non~Hispanic o MedIum 0 Other ~,i!i 48. Height 49. Weight 150. Hair 151. Eyes 52. Glasses I :3. Build 154. Employer/School \55, Address N. >'i~ 'I DYes o Contacts DSmall DLarge '~ 1', ONo DMedium TJ-in c. '0 fi!l! x > ,;;; . 1 .:.;..,;;. '(;'i:.tI'71l~ :fH n'j' t\ 2 ',;' , , -;-:. , ",.,. , ,." . 3 J' ET 59. Vehicle 60. License Plate No. T" State 62. Exp. Yr. 63. Plate Type \ 64. Value " b Status FullD I j\: 5:' ,.', . PartialD 1 ] 65. Veh. Yr. 66. Make 167 Model 168. Style 169. V1N h".., EJ _'~ 6J 70. Color(s) 171 \72. VehiCle Notes EJ Towed By: To: iGJ ,,,, 73 F'er,"'l2-'" ,<~uCG'\ -" ~. - .,~ C~_ JJ".. \,..,_ UP- ,.) ',' R..~n'H....J r Lk_ f',.. , I .-H. ..., 100 I "c. ,d.-;::L , -.J(..)L"Tf __...J, 8. ; I c) )8 1.1 " ",,' G G 1-. G I - I Iii 74. Inquiries {Checkalllhal apply} 175. NYSPIN Message No 176. Complainant Signature B .I > DDMV DWant/Warranl o Scofflaw I ~ OCrim. History OSlolen Property o Other usec:over sheet a: n~ortingoa' re~lnQRa~ 178ID~_1 79. Supetvisor's Signature (Include Rank) 180.10 No. -- ti 84 Z~ '5&'-. Page :!i 81. Status '----~open [] Closed (If Closed, check box below) [] Unfounded 182 Status Date 183. Notified/TOT 01 0 o Viet. Refused to Coop. ( DArrest D Pros. Declined DWarrantAdvised <( DeBi o Juv. .NoCustody o Arrest. Juv. DOffenderDead DExtrad. Declio. o Unknown I L Pages DCJS~3205 (10/03) 'FALSE STATEMENTS ARE PUNISHABLE AS A CRIME, PURSUANT TO THE NEW YORK STATE PENAL LAW. . . James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, If. 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 SOUTH OLD December 13, 2006 Costello Marine Contracting P.O. Box 2124 Greenport, NY 11944 RE: JOSEPH AND CAROLYN FERRARA 2170 MAPLE LANE, EAST MARION SCTM# 38-8-1 Dear Mr. Costello: The following action was taken by the South old Town Board of Trustees at their Regular Meeting held on Wednesday December 13, 2006: RESOLVED, that the Southold Town Board of Trustees DENY the application for an amendment to Permit # 6321 and 6321 C of JOSEPH AND CAROLYN FERRARA to allow for the installation of (2) 2-pile mooring dolphins on the west side of the existing dock structures, for the following reasons: The previously permitted structure was a result of thorough review for the size and location of a structure allowed in that specific area; the additional proposed structure is not necessary in order to keep a boat in that location; an anchor could be put out during storm conditions to keep the boat off the dock; the previously approved dock was found to be inconsistent with the Local Waterfront Revitalization Program and additional structure in the location would require further review under the LWRP. This is not a determination from any other agency. If you have any questions, please call our office at (631) 765-1892. Sincerely, E..~- , James F. Ki President, oard of Trustees JFK/hkc APPUCA/'ffS +D'I5D-'lr -------- "'--. I r-l , I I I I I I I I I . .-^''\ I \ ' '..,J ~ '24-' ------ . "2_';! TO Jlou:se ~ 1 Co) 2000 NOV I .... ..... .... ~ vi.... ..... I'.tI;,/ /' /' /' /' /' j."J..... ..... p.t// ,-" /' / " 0ARD/1Je~s Z!:>AY FFlOPOS#iiO 2- 2P/~ Moo/!2/AltE =t:>~HIHS - ....."" -- - .... -- - - 315' SITE - 7=>LAJ-J - - - - Q 44FT. 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DEe. 7"4'leMrr" /-47Slih'Z.7,./c>OOOZ ~..... ,,~ ~: CA. ----.lM("'.~.e~.. "t:r'JAI..C_Al,.. )IOJII.... .:II,.. ClIloC.__.....~ "'.I'.II~ (..,) <l-77."r" \: \ Cllu;sc:e'-'T A&~.ACH <=~""~'~/L/I'II ~""{7 /' 4....1Z.f2AN'P .,.---- - ------ --- - -- -- --- ---- e)Clsr/~(? , 4')C64'r/~D :D<>CAC ~ , 1\ IS' ~ ~ ;: \) l!:,vsriHC? __ .5',,14'~NP e,l/S"("'~ ... .,,;2 0 p/-oATt"'''' :D,,",A' ,. 1\ l' A~Lc:.ANr CA.<:zOL YAI AHr.> JOS~N ;r-c.c.c..s~ 2C. St;;'/SUAe....'" .AV~NCJt!! Pt!'GNAIW """''''''''.cr, IV. Yo ......403 2"70 MApLe ~e e-Asr MAR/~N, N.)/. Nl'~6 S&no.#. /OOD _ SiS-~_/ NOY. 2. :z~ S~8eT.f #IF 1. ~~ APPROVED BY BOARD OF TRUSTEES TOWN OF SOUTH OLD DATE . 3/2- "2--/0 b '67.b / 1Ia~ ..... +249' 1 - 40' -- - --- -- :t114' -3'-0" -3'-2" -3'-4" -3'-6" -3'-9" -3'-11" ~ "iJR 1 8 2006 """ <P ~ ~ ~ 7(") ~ (") ~ ~ ~ 'C. ~ , . , .. ' --- +90' EX. DOCK 3' x 14' RAMP 6' x 20' FLOAT 8" PILE (TYP,) PROPOseD DOCK fOR C,AJ<ot. YN AND JOsePH ffRRN?A ON UAlWINfR5 r?AY~ fA5f MARION, 5Uffot.K CO., NY 51-fff 2 Of:? 1/11/06.4/10/06 - - ~ ,S \? ~~~ '?>~\> \, EN-CONSULTANTS. !~iC G 1319 NORTH SEA.ROAD SOUTHAMPTON, NY 11968 631.283.6360 :t180' - A\ N/F J. & W. GRIGGS F , . I ~ '1l P. FITZGERALD \ 't,.. ~ \ EN.CONSULTANTS, INC. ..~~ 'b 1319 NORTH SEA ROAD ~ ~ ~ SOUTHAMPTON, NY 11968 :; ~ ~ N/F G. STOTZKY 631.283.6360 0 SEE SHEET 2 OF 3 FOR LARGER SCALE ~EW OF PROPOSED DOCK ," = '00' ! N/F CLEAVES POINT PROPERlY OWNERS ASSOCIATION Note.: I, PiIJ'05<': Prwa!:e boat: doc~ 2, tlatun: "-W ,?, tlock to be cotlOlrucled of ron-trea!:ed It.nb.r 4, ~<n:Ifioal;tobese-a14r"""""d",later tha1 November I <n:I relffllAled '" ea1<O- tha1 ~III 7, Water depI:h; recaaea oU-l"1 k>H We b4 frrC~. loc, & Joseph A. I"",,,,,, L5, (12:"?O PM. 8-17-07) 6, Proj1d 1ocatkJn: 2170 ~e 1-,." fast Ma-"". 5CfM No, IOOO-"?B-B-1 7, Revised 4-10-06 to ",Iudo pede.trl'" acce55 .teps <n:I 5eI; dai:e5 for se-a remova <n:IlroWlatim 4'" 12'.... -- --- 114' "''''''' :t.14'R.WP ,',,2tlFI..OII.T ." flU ChP.) PROPOseD DOCK fOR C,AJ(OL. YN AND JOsePH feRRAJ(A ON UARtlINeR5 BAY, fA5f WRION, 5UffOL.K CO" NY 5I-fffl Of? 1/11/06,4/10/06 9C, _ ~ N- "F'-3 \ - "'-x l~ ,~ r '" C) ~ ~ o C'1 r L ~ ,;: L ':> o C'1 ~ ~ < u "" ilS '" '" L '" ;;:: <<; N e ~ E '" ;,- '"- ~[ T j '"- ~ N l '" T C'1 +1 1 't 1 ;HDHX. '" ~ ~ '" fb N o.L (5 ~ ~ ~ G "-- - GO ""N "-- . I=-- ~ii ~ ~ ~ ~ ~ ~ :z ><> G ;;= '--' "-' '" EN-CONSUl1AN1S, INC. 1319 NOR1H SEA ROAD SOUlHAMP1QN, NY 11968 631-283-6360 PROPOse!? !?OCK fOR c~a YN AN!? i JOsePH feRRARA ON ~INeR5 ~AY, i eASf MARION, 5UffaK CO" NY I 5rf~f~Of~ 1/11/06.4/10/06 , . . Albert J. Krupski, President James King, Vice-President Henry Smith Artie Foster Ken Poliwoda Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-18'12 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES . TOWN OF SOUTHOLD LETTER OF REQUEST FOR AN AMENDMENT NCV 1 6 DATE /1'7}r;-., OWNER r PHONE..(914) 738-~'1o~ ADDRESS ~lo;')U.bu:cba.Vl AVeYII.lL ~M Mo..l\Or-; N~ 10805 AGENT PHONE (1o~0411-ll9.Cj ADDRESS.J2(L'Pv\x ..71,;}4 617'1" niXJ r-l- NY /11."."1- I , J PROPERTY LOCATION .:Jl7o /V'KlpJt. Lan~, ,;osf 1VloY'1trn., NY /Iq31 TAX MAP NO. /()(X)-3B-B-/ Signed By: request an Amendment to Permit # (r?i:JI~ ID,J 1 (. ~ OYl ~k of ~dJQUK.t V\el<(rUxr ('~ ~~I \dD~ ~ard of Trustees Applicatio~ COASTAL EROSION APPLICATION DATA ..-.. Purposes of proposed activity: ~ ~~~Yl~. Are wetlands present within 100 feet of the proposed activity? No Yes Does the project involve excavation or filling? x No Yes If Yes, how much material will be exc~vated?~(cubic yards) How much material will be filled? _/A. (cubic yards) Manner in which material will be removed or deposited: ~I" Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) ~t \ eNlVlrOr)fl(tK.UClM ~he. ~n'?h1lcui(V\ 0+ (2) 01~ --'--:tha} ~ -\hI';, docL. . . James F. King, President .JilI M. Doherty, Vice-President Pegg}' A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Southold Town Board of Trustees Field Inspection/Work session Report Date/Time: !'J!?"!uc, Costello Marine Contracting Corp. on behalf of JOSEPH & CAROLYN FERRARA requests an Amendment to Permit #6321 & 6321 C to allow forthe installation of (2) 2-pile mooring dolphins on the west side of the existing dock structures. Located: 2170 Maple Lane, East Marion. SCTM#38-8-1 Type of area to be impacted: / _Saltwater Wetland _Freshwater Wetland _Sound Front ~Bay Front Distance of proposed work to edge of above: Part./lfTown Code proposed work falls under: JeChap!.2 7 5 _Chap!. III _other Type of Application: j W etland _Coastal Erosion _Amendment _Administrative _Emergency Info needed: Modifications: Conditions: \J i 0 lvI""""'" ~ ^'"' :J W"\ e. ~ Ix pl"",+vl! . Pr,.sent Were: ~.King IJDOherty _P.Dickerson ~. Bergen~ Ghosio, Jr vH. Cusack D. Dzenkowski other - - - Mailed/Faxed to: Date: Environmental Technician Review H ff'i '-C<v,-\- r\Q..ozJ., +- ck""o,..,,~ (\<?<:..I..for ohL'*'''''' -,irvch...ce In ~ laM'" ",+ ,0:,4 ~r '" 11. 'S loc.-.-nSYVI / III:!' ( Ie"", -I- C"'v1 (<-f+ q !"'bil Lf;;rl. ~"L> ""., . . Telephone (631) 765-1892 Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 CONSERVATION ADVISORY COUNCIL TOWN OF SOUTH OLD At the meeting of the Southold Town Conservation Advisory Council held Wed., December 6, 2006, the following recommendation was made: Moved by James Eckert, seconded by Peter Young, it was RESOLVED to SUPPORT the application of JOSEPH & CAROLYN FERRARA to Amend Permit #6321 & 6321 C to allow for the installation of (2) 2-pile mooring dolphins on the west side of the existing dock structures. Located: 2170 Maple Lane, East Marion. SCTM#38-8-1 Inspected by: James Eckert, Peter Young Vote of Council: Ayes: All Motion Carried . --- . Joseph Ferrara 2170 Maple Lane East Marion I 0/31/06 . . I ~;:'.; .'---~ -\ i1'..~~~ ~"'''J,Il":~~.. . ..:, ~,'.~ 1"1:";.~ --- .:.:...- ~ ~....:~ .....;..;.... . I I . .". _:~...,-.;;. . ;'.-:"--. ~ .... .' . ~ : ~. .'-"y- 0'''' ~ .. ~ . .~ ; J .... .I~""" ,~ '"I ~ . '.. W:... . : c:.. . " ... '~-.- . r~3~ ., ..olt.' ......... '~'.l,,';~l *. .. , - . Joseph Ferrara 2170 Maple Lane East Marion 10/31/06 . . r I . . ~~- COSTELLO MARINE CONTRACTING CORPORATION DOCK BUILDING. JETTIES. BULKHEADING . STEEL & WOOD PILING. FLOATS 423 FIFTH STREET' P.O. BOX 2124 . GREENPORT, NEW YORK 11944' (631) 477-1199/477-1393/477-0682 . FAX (631) 477-0005 November 6, 2006 New York State Department of Environmental Conservation Building 40 - SUNY Stony Brook, NY 11790-2356 ATT: Kelly Ann Felice, Agency Program Aide RE: Application # 1-4738-02879/00002 for Carolyn & Joseph Ferrara 2170 Maple Lane, East Marion, NY 11939 SCTM 1000-38-8-1 Dear Ms. Felice: We would like to amend the existing NYSDEC permit to allow the installation of two 2- pile mooring dolphins on the west side of the existing dock structure to allow docking of the applicant's boat on the west side instead of where he now docks his boat on the east side. This change is made as per request ofth~ applicant's adjacent neighbors at the Crescent Beach Condominiums and which the applicant agrees to do. Attached are copies of our drawings for your reference. Should you have any questions, please do not hesitate to contact me. For Costello Marine Contracting Corp., c-rl~~ Arthur J. Walter Enclosures cc: Jane C. Walsh, Permit Manager / AJW: les . . James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Southold Town Board of Trustees Field Tnspection/W orksession Report Date/Time: \ 01 ~ loG, 1/1 0\ IA.!,u ~ f'-r'n\ . I "-'CP' er,r'(CI\ Name of A~cant: \....iA ~ '10 WV\ -.J U, I' , ~ Name of Agent: S,..., ~Y" '" ~ Property Location: SCTM# & Street 3~-~'1 d 110 ~L..n, t.(l.1"<J...<~ Brief Description ofpffipo&va aeti01'l.: V 10 \",+,01' ; \k y~"" WOj (>>.O~"'\ ~J.lJSVG\t..I>) c.k"'r~J . R""rL..s.-t/lP, ")o\.c:r<>A, V''3,n", (~rt f5a((:~<Ar'f O<>~ Po, '''''' \v'1 WU<: cle"".), :J'\.Me. 2.00 '" (.0\)((<.\ Type of area to be impacted: Saltwater Wetland _Freshwater Wetland _Sound Front vB:y Front Distance of proposed work to edge of above: Part ofTo'9l Code proposed work falls under: _ Chapt91 _Chap!. 'Pf __other ;)'7':. III Type of Application: _ W etland _Coastal Erosion _Amendment _Administrative _Emergency._ V"I..-M"", ('re- S"'b"",fj'nv Info needed: Modifications: Conditions: Present Were: _J.King _J.Doherty _P.Dickerson_D. Bergen Other: \-\ . C I ) '''' <i,L- MailedIFaxed to: Date: Co~ents of Environmental Technician: Rr> I" I ; <...-, t- -to W ](...,6 J.\ ' ,,~ &.., - c..."..,.. 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