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TR-6406
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 September 19, 2007 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Glenn E. Just J.M.O. Environmental Consulting Services P.O. Box 447 Quogue, NY 11959-0447 RE: FISHERS ISLAND UTILITY COMPANY PRIVATE ROAD OFF THE GLOAMING, FISHERS ISLAND SCTM# 10-9-13 Dear Mr. Just: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, September 19, 2007: RESOLVED, that the Southold Town Board of Trustees APPROVE the Amendment to Permit #6406 to allow two (2) tie-off poles for the newly constructed docking facility, and as depicted on the plan prepared by CME Associates Engineering, Land Surveying & Architecture, PLLC, last revised July 26, 2007, received on August 21,2007. Any other activity within 100' of the wetland boundary requires a permit from this office. This is not a determination from any other agency. If you have any questions, please call our office at (631) 765-1892. Sincerely, King President, Board of Trustees JFK:eac Envirorm]entaJ Consulting Services Mr. James King, President Board of Town Trustees Southold Town P.O. Box 1179 Southold, N.Y. 11971-1179 August 15, 2007 RE: Permit # 6406, Fishers Island Utility Company Dear Mr. King: At the presem time, we are respectfully requesting a modification to the above noted permit which was issued 7/19/06 (copy enclosed). The requested activity is to allow (2) tie offpoles for the newly constructed docking facility approved under said permit. We have enclosed revised plans for your review and files prepared by CME Associates Engineering, Land Surveying & Architecture, PLLC last dated 7/26/07. Please feel free to contact our office with any questions. Most sincerely, ~Glenn E. Ja~ arh AUG-29-200? 12:08 FROM:JMO CONSULTING 6533548 T0:7887798 P.2 James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. IOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TO rN OF SOUTHOLD In the Matter of the Applicatior of ............. COUNTY OF' SUFFOLK) STATI~ OF NEW YORK) AFFIDAVIT OF POSTING being duly swsm, depose and s~y: ' That on the,~day by placing ~he Board of Truste~ checked to be sure the poster h, hearing, Date of heating noted Dated: ~/~l/l~"~ Town Hall 53095Route25 P.O. Box 1179 Southold, NewYork 11971.-0959 Telephone ((131) 765-1892 Fax (631) 765-6641 200~, I personally p,o~sted the property known as official pgster where it'c~ e~ily be seen~ and that I hav~ remained in place for eight ~a~ pfior~o the dat~ ~f~e public tereon to beheld 1~: ~fl~, 1~ ~ . (signature) ~om to before me this ~,l day offiur~ 200~ · lb(firy Public ~OXANNE SPAULDING NOTA[~¥ I~U~LIC, STATE OF NEW YORK No. 018Pfl1139,12 QUA[ Ii II l) iN SI;I'I Ol K (;OUN IY ~y CD~I~I~;~IO~ I XlqI{ES AUG. 9, SCALE: 1 "=400' 1.) THIS SURVEY WAS PREPARED FOR THE PARTIES AND PuRpOSE tND~ATED HEREON. ANY E~ENSION OF THE USE B~OND THE PURPOSED AGREED TO B~EEN THE CLIENT AND THE SURV~OR EXCEEDS THE SCOPE OF THE ENGAGEMENT. 2.} IT IS A V~O~T~ON OF THE STATE EDUCATION ~W FOR ANY PERSON, UNLESS ACTING UNDER THE D~RECTION OF A LICENSED ~NO SU~OR, TO ALTER AN IT~ IN ANY WAY. 5.) ONLY COPIES OF TH~S SURV~ ~ARKED WITH THE ~ND SUitOR'S SIGNATURE AND AN ORIGINAL E~BOSSED OR INK S~L ARE THE PRODUCT OF THE ~ND SU~OR. 4.} COORDINATE DIST~CES ARE ~SURED FRO~ U.S. COAST AND GEOD~IC SURV~ TRIANGU~T~ON STATION "PROS" ~.) SITE IS IN THE TOWN OF SOUTHOLD, COUN~ OF SUFFOLK T~ ~AP 1000, SECTION 010, BLOCK 9, LOT 15. ~.) TOTAL AR~ = 0.14~ ACRES. 7.} LOT IS LOCATED WITHIN FLOOD ZONE AE (EL. 11) PER FIR~ PANEL 19 OF 1026; ~AY 4, 1198; 56103C001gG 8.) B~E FOR L~ELS: NGVD lg29 7/26/07 PROPOSED PILES (2) P~N OF PROPOSED DOCK C~ Assoc~atos PREPARED FOR ~ L~d S~e~g & SHERS IS ND chitec ,PLLC OFF THE GLOAMING, FISHERS IS~ND, N.Y. .Oa~N~,~ OATE: ~/26/06 I S~: AS ~oteoI SH[~: ~ Or ~ a~u-i~,~ --~,~.~ APPROXIMATE MEAN WATER PILE 0 PROPOSED 90° LONG RXED (CONSTRUCTED-2007) PILE X 506 x -5.12 15' LONG X 4' WIDE w/ ~UNGS (CONSTRUCTED 2007) 20' LONG X 8' WIDE DOCK (CONSTRUCTED 2007) APPROXIMATE MEAN WATER N/F ANN lO' x 2.70 EXISTING DILAPIDATED DOCK (REMOVED 2007) REMOVE EXISTING DILAPIDATED BULKHEAD PLACE BOULDERS EXISTING SHORE (SEE DETAIL) (WORK COMPLETE 2007) OVED BY 7/~/o7 ~.o~oss~ ~.[s (2) PROPOSED PILES O,A.~c SCA,E P~N OF ~ROPOSED DOCK C~ Associates L~d S~ey~g & FISHERS IS~ND C ~chitec~, PLLC PREPARED FOR UTILITY COMPANY, INC. OFF THE GLOAMING, FISHERS ISLAND, N.Y. DATE: 1/26/06 ISOALE: ,"= 201 SHEET: 2 OF 4 0 0 0 0 7/26/07 PROPOSED PILES (2) / / / CD 0 "I 0 0 0 0 PLAN OF PROPOSED DOCK PREPARED FOR FISHERS ISLAND UTILI'fY COM~NY, INC. OFF THE GLOAMING, FISHERS ISLAND, N.Y. DATE: 1/26/06 I SC~E: AS NOTE~ SHE~: 3 OF 4 CIVlE Associates Engineering, Land Surveying & Architecture, PLLC 12" DLA -2' x 8" DECKING~ /-PILING12" DIA ELEV 6.5 -3" x 10" STRINGER ELEV 6~5 NOT TO SCALE END VIEW SIDE vIEW NOT TO SCALE MHW MLW CROSS ~ES DECKING / NOT TO SCALE 7/26/07 PROPOSED PILES (2) PLAN OF PROPOSED DOCK PREPARED FOR FISHERS ISLAND UTILITY COMPANY, INC. OFF THE GLOAMING, FISHERS ISLAND, N.Y. DATE: 1/26/06 I SOALE: AS NOTEq SHEET: 4 OF 4 CME Associates Engineering, Land Surveying & Architecture, PLLC Donald Wilder, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Tues., September 11,2007, the following recommendation was made: FISHERS ISLAND UTILITY CO. to Amend Permit #6406 to allow two (2) tie-off poles for the newly constructed docking facility. Located: Private Rd. off the Gloaming, Fishers Island. SCTM#10-9-13 The CAC did not make an inspection, therefore no recommendation was made. James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfel Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1 st day of construction ¼ constructed Project complete, compliance inspection. Board Of $outhold Town Trustees SOUTHOLD, NEW YORK PERMIT NO...~....~._C).~ ..... DATE: ~.]:.~..~.9~....~.°? ISSUED TO FISHER' S ~SLAND UTILITY COMPANY Pursuant fo }~ provisions of Chapter 615 of ~e ~ws of the S~a~ of New YorL 1893~ and ~apfer 4~ of ~e ~ of State of New Yore 19S2: and fha Soufhold To~n Ordinance t~led ~'~TIN~ AND .~E P~CIN~ OF: OBS[RU¢~S IN AND ON TOWN WATERS AND PUBLIC ~DS~ RE~OVAL OF SAND, ~VEL. O~ OTHER MATERIALS~F~ ~NDS .UNDER TOWN 'WA~RS;~_ and m aCc~ance wlfh 'the Resolmion of ~e Board adopted at a meeting ~eld on ...~.~.~.~?~ ..... ~°~....i., and ~n c9ns~derafion of the sum of $~.~.0.~ ......... pald by Fisher's Island Utility Company of ..~.~.~.~.~.~.'..~...]~.~.~ ........... '........~ ................... N. Y. and. subject fo Terms and ~ndiiions listed on fha revere *Ida ~of, of Soufhold Town' Tms~es authorizes and permiH the following. Wetland Pe~it to remove ~e e~s~ng dilapidated bulkhead and pl~ bdulders ~long the shore, remove the existing dilap~ated do~ and repla~ with a 4'X ~0' fixed dock, 4'X ~5' ramp with railings, and an 8'X 20' fl~ting d~, remove the shed, wi~ ~e ~ndJUons ~at ~ere be no ~OA trested wo~ on the de~ing for the d~ and a tu~idi~ screen during ~nstru~on to ~nt~in distu~ed sediment, ~nd all 8s depicted on ~e plans prepared by OUE Assodates Enginee~ng, Land ~u~ey ng and ~ohitemure, dated J~nua~ 28, 200~. aB in a~rda~ ~th the defend sp~icafions as ~e~nfed · ~e ~gi~flng IN WffNESS WHERe, ~e *aid Board 0f Trustees ~re- by ~u~, i~ ~r~rale ~al fo be a~ed, and ~ese presen~ be sub,ed by ~'~jm~ of fha said ~ .as of fhh 1T:RI~IS and CONDmONS ~ p~.~ Fisher's Island Utility Company ~g~ Fisher's Isla~nd , , .~ .... N. ~ ~ the mu~-m~e o~ project involved, to provide evM~me to anyone concerned w~s odo-,tn~ly 4. That ~e work involved will be subject to the ! ~.,,~ecttou and tl~p~ov~ of ¢he ~ ~ ks sgents, and n0a-comt~,~e with the provisions of the od~,~-oo applic~t~oa, maybe cause foe That d~e~e will be no unte~m~ble interference with tmvig~ as · result of the ~d~odzed. " 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 July 19, 2006 J.M.O Environmental Consulting P.O. Box 447 Quogue, NY 11959 RE: FISHER'S ISLAND UTILITY COMPANY PRIVATE RD. OF THE GLOAMING, FISHERS ISLAND SCTM# 10-9-13 Dear Mr. Just, The Board of Town Trustees took the following action during its regular meeting held on Wednesday, July 19, 2006 regarding the above matter: WHEREAS, J.M.O. Environmental Consulting as agent for FISHER'S ISLAND UTILITY COMPANY applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of $outhold, application dated April 14, 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 July 19, 2006 at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the proposal complies with the standards set forth in Chapter 275 of the Southoid 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 FISHERS ISLAND UTILITY CO. to remove the existing dilapidated bulkhead and place boulders along the shore, remove the existing dilapidated dock and replace with a 4'X 90' fixed dock, 4'X 15' ramp with railings, and an 8'X 20' floating dock, remove the shed, with the conditions that there be no CCA treated wood on the decking for the dock and a turbidity screen during construction to contain disturbed sediment, and all as depicted on the plans prepared by CME Associates Engineering, Land Surveying and Architecture, dated January 26, 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.) This is not a determination from any other agency. Fees: $50.00 Very Truly Yours, James F. King President, Board of Trustees JFKJhkc 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 TO: BOAI~D OF TOWN TRUSTEES TOWN OF SOUTHOLD Please be advised that your application dated L(//L( / 0 (o reviewed by this Board at the regular meeting of -71 {~ ! o ~ following action was taken: has been and the (__~_~) Application Approved (see below) (.__) Application Denied (see below) )Application Tabled (see below) if your application is approved as noted above, a permit fee is now due. Make check or money order payable to the Southold Town Trustees. The fee is computed below according to the schedule of rates as set forth in Chapter 97 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE: BY: James F. King, President Board of Trustees Telephone (631) 765-1892 Town Hall 53095 Route 25 P,O. Box 1179 $outhold, New York 11971-0959 CONSERVATION ADVISORY COUNCIL TOWN OF SOUTHOLD At the meeting of the Southold Town Conservation Advisory Council held Wed., May 10, 2006, the following recommendation was made: FISHERS ISLAND UTILITY CO. to remove the existing dilapidated bulkhead and place boulders along the shore, remove the existing dilapidated dock and replace with a 4'X 90' fixed dock, 4'X 15' ramp with railings, and an 8'X 20' floating dock. Located: Private Rd. of The Gloaming, Fishers Island. SCTM#10-9-13 The CAC did not make an inspection, therefore no recommendation was made. 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 Inspection/Worksession Report Date/Time: ,,~ ~ L. Name of Applicant: Name of Agent: ,~/~ D Property Location: SCTM# & Street Brief Description of proposed action: Type of area to be impacted: Saltwater Wetland Freshwater Wetland SoUnd Front Bay Front Distance of proposed work to edge of above: P~C of Town Cp~ce proposed work falls under: hapt.97 Chapt. 37 other Type of Application: q/Wetland ~oastal Erosion__Amendment .__Administrative __Emergency Info needed: Modifications: Conditions: Present Were:~J.King __J.Doherty __P.Dickerson Other: D. Bergen__J.Holzapfel Mailed/Faxed to: Date: Telephone (63 I) 765-1892 Town Hall 53095 Route 25 P,O. Box 1179 $outhokt, New York 11971-0959 CONSERVATION ADVISORY COUNCIL TOWN OF SOUTHOLD At the meeting of the Southold Town Conservation Advisory Council held Wed., May 10, 2006, the following recommendation was made: FISHERS ISLAND UTILITY CO. to remove the existing dilapidated bulkhead and place boulders along the shore, remove the existing dilapidated dock and replace with a 4'X 90' fixed dock, 4'X 15' ramp with railings, and an 8'X 20' floating dock. Located: Private Rd. of The Gloaming, Fishers Island. SCTM#10-9-13 The CAC did not make an inspection, therefore no recommendation was made. SCALE: ~"=400' 200~ 1.) THIS SU~ W~ PREPARED FOR ~E P~IES ~D PURPOSE INDICTED HEREON. ~ E~ENSION OF THE USE B~OND ~E PURPOSED AGREED TO B~EEN THE CUE~ ~D THE SU~OR EXCEEDS THE SCOPE OF THE EN~GEME~. 2.) IT IS A ~O~ON OF THE ~ATE EDUCTION ~W FOR ~Y PERSON, UN.SS ACING UNDER ~E DIRE~ION OF A LICENSED ~ND SU~OR, TO ~TER ~ ~M IN ~Y WAY. 5.) ONLY COPIES OF THIS SU~ ~KED WffH THE ~ND SU~OR'S SIGNORE ~D ~ ORIGI~L EMBOSSED OR INK S~ ~E ~E PRODUCT OF THE ~D SU~OR. 4.) COORDI~TE DI~CES ARE M~URED ~OM U.S. CO~ SU~ TR~GU~TION ~A~ON "PROS' 1000, SEC~ON 010, BLOCK 9, LOT 13. 6.) TOT~ ~ = 0.14~ ACRES. 7.) LOT IS LO~D WffHIN FLOOD ZONE ~ (EL. 11) PER R' P~ OF PROPOSED DOCK C~ Associates Enginee~g, PREPPED FOR [~ L~d S~ey~g & ~SHERS mS~D Cz.x~ ~chimc~e, PLLC UTI~ COMPS, INC. OFF ~E GLOAMING, FISHERS IS~ND, N.Y. ~: ~/~/o~ ~ sc~: ,s NOTEDI S,E~: ~ O~ 5 ~..w~.~o,~,,, N/F ANN PILE ® x -5,06 -4.05 x x -5.12 x -2.70 OIL~PIIDAT£D DOCK x 9.08 RNL FENCE -~ £LSA H. RIVERS GRAVEL ROAC EXISTING CONDITION,~ PLAN Of PROPOSED DOCK PREPARED FOR FISHERS ISLAND UTILITY COMPANY, INC. OFF THE GLOAMING, FISHERS ISLAND, N.Y. DATE: 1/26/06 I SCALE: 1" = 30'I SHEET: 2 Of 5 N/F RICHARD DALKOWSKI CME Associates Engineering, Land Surveying & CM]~ Architecture, PLLC X PILE -5.06 APPROXIMATE MEAN WATER PILE x -5.12 PROPOSED LONG X 4.' WIDE RAMP W/ RNUN~S LONG X 8' WIDE FLOA'I~NG DOCK APPROXIMATE MEAN WATER -4.0 x -2.70 EXISTING DILAPIDATED DOCK N/F ANN REMOVE EXISTING DILAPIDATED BULKHEAD PLACE BOULDERS ; EXISTING SHORE (SEE DETAIL) PROPOSED DOCK PLAN Of PROPOSED DOCK PREPARED FOR FISHERS ISLAND UTILITY COMPANY, INC. OFF THE GLOAMING, FISHERS ISLAND, N.Y. DATE: 1/26/06 I SCALE: 1" = 20'I SHEET: 3 OF 5 DECK N/F RICHARD DALKOWSKI 20 10 0 20 GRAPHIC SCALE IN FEET CME Associates Engineering, Land Surveying & Architecture, PLLC / ~ / P~ OF PROPOSED DOCK C~ Associates Engineering, PREPPED FOR ~ L~d S~ey~g & RSHERS IS~D C ~chitecmre, PLLC OFF ~E GLO~ING, RSHERS IS~D, N.Y. NOT TOSCALE MHW MLW SIDE 'vlEw NOT TO SCALE PLAN OF PROPOSED DOCK PREPARED FOR FISHERS ISLAND UTILITY COMPANY, INC, OFF THE GLOAMING, FISHERS ISLAND, N.Y. DATE: 1/26/06 I SCALE: AS NOTEDI SHEll':5 OF CME Associates Engineering, Land Surveying & Architecture, PLLC New York State Department of Environmental Conservation Division of Environmental Permits, Region One Building 40 - SUNY, Stony Brook, New York 11790-2356 Phone: (631) 444-0365 · FAX: (631) 444-0360 Webslte: www.dec.state.ny.us May 3, 2006 Denise M. Sheehan Acting Commissioner Fishers Island Utility Company Drawer E Fishers Island, NY 06390 Re: Permit #1-4738-03586/00001 Dear Permittec: In conformance with the reqmrements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please carefully read all permit conditions and special permit conditions contained in the permit to ensure compliance during the term of the permit. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected fzom the weather. Sincerely, Larry Cowden Environmental~Analyst JUL CCi JMO Environmental Consulting file DEC PERMIT NUMBER 1 '4738-03586/00001 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION FACILITY/PROGRAM NUMBER(S) PERMIT Under the Environmental Conservation Law EFFECTIVE DATE Ma}' 4, 2006 EXPIRATION DATE(S) May 4, 2011 TYPE OF PERMIT · New [] Renewal [3 Modification [] Permit to Construct [] Permit to Operate [] Article 15, Title 5: Protection of Waters [3 Article 15, Title 15: Water Supply r3 Article 15, Title 15: Water Transport [] Article 15, Title 15: Long Island Wells [] Article 15, Title 27: Wild, Scenic and Recreational Rivers [] 6NYCRR 608: Water Quality Certifica- [] Article 17, Titles 7, 8: SP~)ES r-i Article 19: Air Pollution Control [] Article 23, Title 27: Mined Land Reclamation [3 Article 24: Freshwater Wetlands · Article 25: Tidal Wetlands r~ Article 27, Title 7; 6NYCRR 360: [] Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management n Article 34: Coastal Erosion Management [] Article 36: Floodplain Management [] Articles 1, 3, 17, 19, 27, 37; 6NYCRR 380: Radiation Control tion Solid Waste Maria ement PERMIT ISSUED TO Fishers Island Utili Com..,W...~~ TELEPHONE NUMBER ADDRESS OF PERMITTEE ..[ 631-788-7251 Drawer~E Fishers Island,.~.NY 06390 CONTACT PERSON FOR PERMITTED WORK ~ONE NUMBER JMO Environmental Consulting-Glenn E. Just I 631-653-0607 NAME AND ADDRESS OF PROJECT/FACILITY Fishers I.._._~sland U~off of The Gloaming COUNTY J TOWN WATERCOURSE NYTM COORDINATES Suffolk I Fishers Island West Harbor E: N: DESCRIPTION OF AUTHORIZED ACTIVITY: Remove 82' of bulkhead and dock, construct a 4 'x 90' dock, a 4' x 15' ramp, a 8' x 20' float and place 1-2 ton boulders along shoreline. All work is to be done in accordance with the attached plans stamped NYSDEC approved May 3, 2006. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified and any Special Conditions included as part of this PERMIT ADMINISTRATOR: ADDRESS Mark Carrara Region 1 Headquarters NY 11790-2356 AUTHORIZED SIGNATURE DATE 1 of 5 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SPECIAL CONDITIONS Any debris or excess material from construction of this project shall be completely removed from the adjacent area and removed to an approved upland area for disposal. No debris is permitted in tidal wetlands or protected buffer areas. There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activities. Ail peripheral berms, cofferdams, rock revetments, seawalls, gabions, bulkheads or other approved shoreline stabilization structures shall be completed prior to placement of any fill material behind such structures. The existing bank shall be graded and shaped to receive the revetment or other shoreline stabilization structure so lhat the final toe of slope extends no further seaward or closer to the tidal wetlands than the existing toe of slope. There shall be no discharge of runoff or other effluent over or through any bulkhead or shoreline stabilization structure or into tidal wetland or protected buffer area. The dock or timber catwalk shall not exceed 4 feet in width and shall be a minimum of 3 ~ above grade* over tidal wetland areas (*as measured from ground to the bottom of the dock/catwalk decking). 7. Floats and ramps may not rest on or be stored in any vegetated tidal wetlands. Prop dredging, or the act of utilizing and/or directing the propeller or propulsion system of a motorized vessel and/or the water-bome forces created by said propeller or propulsion system, to excavate or displace existing bottom sediment and benthic habitat for the direct or indirect purpose of establishing or increasing water depth, is a regulated activity and is not authorized by this permit. Prop dredging is strictly prohibited without further written authorization (permit, modification or amendment) from the Department. All repairs to existing structures shall be confined to replacement of existing elements with no change in design, dimension or rnaterials, unless specifically authorized by this permit. 10. No permanent structures shall be installed on docks/catwalks/floats without first obtaining written Department approval (permit, modification or amendment). Pilings shall not a) extend laterally beyond property lines, b) be placed so that docked vessels extend laterally over property lines, c) interfere with navigation, d) interfere with other landowner's riparian rights. 12. No structures, other than structures specificelly authorized by this permit, shall be constructed on pilings without further authorization from the Department (permit, modification or amendment). DEC PERMIT NUMBER J I 1-4738-03586/00001 PAGE 2 of 5 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION 13. 14. 15. SPECIAL CONDITIONS All disturbed areas where soil will be temporarily exposed or stockpiled for longer than 48 hours shall be contained by a continuous line of staked hay bales / silt curtains (or other NYSDEC approved devices) placed on the seaward side between the fill and the wetland or protected buffer area. Tarps are authorized to supplement these approved methods. Ail erosion control devices shall be maintained in good and functional condition until the project has been completed and the area has been stabilized. Necessary erosion control measures e.g., staked hay bales, silt fencing, etc. are to be placed on the downslope edge of any disturbed areas. This sediment barrier is to be put in place before any disturbance of the ground occurs and is to be maintained in good and functional condition until thick vegetative cover is established. DEC PERMIT NUMBER 1-4738-03586/00001 PAGE 3 OF 5 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION NOTiFiCATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permlttee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. GENERAL CONDITIONS General Condition 1: Facility Inspection by the Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the )ermittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401 (3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. General Condition 2: Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. General Condition 3: Applications for Permit Renewals or Modifications The permittae must submit a separate written application to the Department for renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. The permittee must submit a renewal application at least: a) 18(~ days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste Management Facilities (SWMF); and b) 30 days before expiration of all other permit types. Submission of appiicetions for permit renewal or modification are to be submitted to: NYSDEC Regional Permit Administrator, Region 1, SUNY Bldg #40, Stony Brook NY 11790-2356 General Condition 4: Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit in accordance with 6 NYCRR Part 621. The grounds for modification, suspension or revocation include: a) materially false or inaccurate statements in the permit application or supporting papers; b) failure by the permittee to comply with any terms or conditions of the permit; c) exceeding the scope of the project as described in the permit application; d) newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; e) noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. DECPERMITNUMBER I I PAGE 4 OF 5 1-4738-03586/00001 -- -- · ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (TITLE 5), 24, 26, 34 AND 6NYCRR PART 608 ( TIDAL WETLANDS) If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or en danger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Deparb'nent to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watsrcourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 3. AIl necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. 4. Any material dredged in the conduct of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across or along the bed of a waterway or floodplain, deposits within any regulatory floodway, or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. 5. There shall be no unreasonable intederence with navigation by the work herein authorized. 6. If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 7. If granted under 6NYCRR Part 608, the NYS Department of Environmental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301,302, 303, 306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met, 8. At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work and, if required, a survey. 9. All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Such approved plans were prepared by CME Associates Engineering, Land Surveying & Architecture, PLLC dated 1/26/06. DEC PERMIT NUMBER J J 1-4738-03586/00001 PAGE~5 OF__5 1.) ~IS SU~ W~ PR~ED FOR ~E P~IES ~D PURPOSE INDI~ HEREON. ~ ~NSION OF ~E USE B~OND ~E PURPOSED ~REED TO B~E~ ~E CEE~ ~D ~E SU~OR ~CEEDS ~E SCOPE OF ~E EN~GEME~. 2.) IT IS A ~O~ON OF ~E ~ATE EDU~ON ~W FOR PE~ON, UN,SS ACING UNDER ~E DIRE~ON OF A MCENSED ~D SU~OR, TO ~TER ~ ~ IN ~Y WAY. 5.) ONLY ~PI~ OF ~IS SU~ ~KED W~ ~E ~D SU~OR'S SIGNORE ~D ~ ORIGI~ EMBOSSED OR INK S~ ~E THE PRODUCT OF ~E ~D SU~OR. 4.) C~RDI~ DI~C~ ~E M~URED ~OM U.S. C~~ SU~ TR~GU~ON ~A~ON "PROS' ~., ~ ,~ ,, ~ ~. o~ ~o~o~. co u~ o~u~~ 6.) mT~ ~ = 0.14. ACRES. '~ 8,) ~E ~OR ~: N~ 192~ P~ OF PROPOSED DOCK C~ Associates PREP~ FOR ~ L~d S~ey~g RSH~S IS~D C ~htec~e, PLLC ~ COMPS, INC. O~ ~E OLO~INO. RSHERS IS~D, N.Y. 1/26/06 [ S~: AS NOTE~. SH~I: 1 OF 5 x -9.08 PILE x -5.06 PILE; ~/F ,,ANN -¢.03x x -2.70 RNL RICH4RD DALKOWSKI N/F ELSAH. RN~RS GRAVEL ROAD EXISTING CONDmON~ PLAN OF PROPo'-Lu DOCK PREPARED FOR FISHERS ISLAND UTIMTY COMPANY. INC. OFF THE GLOAMING. FISHERS ISLAND. N.Y. DA3E.: 1/26/06 I SC.N..E: 1" = 30'I SHEET: 2 OF 5 / N/F 30 15 0 30 GRAPHIC SCALE IN FEET CME Associates Engineering, Land Surveying & Architecture, PLLC PILE X -5.06 APPROXIMATE PILE MEAN ~ WATER x -5.12 RN~P W/ RNUNeS I..ON~ X 8° t~DE APPROXIMATE MEAN WATER 10' x -2,70 DILAPIDATED DOCK ANN REMOVE EXISTING DILAPIDATED BULKHEAD PLACE BOULDERS 3 EXISTING SHORE (SEE DETAIL) PI.AN OF PROPOSED DOCK PREPARED FOR FISHERS ISLAND PROPOSED DOCK UTIU'IY COMPANY, INC, OFF THE GLOAMING, FISHERS ISLAND, N.Y. DATE: 1/26/06 SC.,N,.E: 1" -=20' SHI:.I:,i: 3 OF 5 20 10 0 20 , . GRAPHIC SCALE IN FEET CME Associates Eng/neer/ug, Land Survey/ng & Architecture, PLLC / ~ / .... ~ II ,--- / ~ ~1'~~, P~ OF PROPOSED ~CK C~ Associates Eng~ee~g, PR~ FOR ~SH~R~ J~D C ~t~e, PLLC ~ COMPS, INC. O~ ~E GLO~ING, RSHERS IS~D. N.Y. DA~ ~/2~/o~ ~S~ ~ NOT[~ SH~:~ Or S =~w~c~, ~_ ~ ,.__. PLAN OF PROPOSED DOCK ' PREPARED FOR FISHERS ISLAND UTILITY COMPANY. INC. OFF THE GLOAMING, FISHERS ISLAND, N.Y. SCALE: AS SHEEr: 5 OF 5 CME ~Asso~atcs Engineering, · ~and ~urveying & Architecture, PLLC PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAll JNG 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: James King, President Members of the Board of Trustees From: Mark Terry, Senior Environmental Planner LWRP Coordinator Date: May 12, 2006 Re: Request for Wetland Permit and Coastal Permit for FISHERS ISLAND UTILITY CO; SCTM# 10.-9-13 FISHERS ISLAND UTILITY CO. requests a Wetland Permit to remove the existing dilapidated bulkhead and place boulders along the shore, remove the existing dilapidated dock and replace with a 4'X 90' fixed dock, 4'X 15' ramp with railings, and an 8'X 20' floating dock. Located: Private Rd. of The Gloaming, Fishers Island. SCTM#10~9-13 The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is generally CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided the following best management practice is applied; If feasible~ during re-construction of the structure~ encircle the entire proiecl area with a floating turbidity screen to minimize turbidity in the water column. Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Please contact me at (631) 765 - 1938 if you have any questions regarding the above. Office U~e Only Coastal Erosion Permit Application ~/'~/etland Permit Application __ Administrative Permit Amendment/Trans fer/Ext~,ension ~'Received Applic~ ~geceived Fee:$ qlq/?~l,~ · -~Completed Application __Incomplete __SEQRA Classification: Type I Type II Unlisted __Coordination:(date sent) _.~CAC Referral Sent: r. Date of Inspecfion:_~_q~ Receipt of CAC Report: Lead Agency Determination: Technical Review: ....Public Hearing Held: Resolution: NameofApplicant ['[q}r~z>rc. ~l_r~vx~ C/.4:lr, lo ! - Phone Number:( ) '~-~-~ '-f~/ Suffolk County Tax Map Number: 1000 - OI ID- q - f-3 (provide LILCO Pole #, distance to cross streets, and location) AGENT: ~l,ar~-v ~. -"~u~,q3r - "~-r~ Ev'x~/l~'j,r~vxqra[ (If applicable) Phone: OBoard of Trustees Applicatgn Land Area (in square feet): Area Zoning: GENERAL DATA t c[ o, ece.g Previous use of property: Intended use of property: Prior permits/approvals for site improvements: Agency Date No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? ~/ No Yes If yes, provide explanation: Project Description (use attachments if necessary): Board of Trustees Applicat~on COASTAL EROSION APPLICATION DATA Purposes of proposed activity: Are wetlands present within 100 feet of the proposed activity? No -~Yes Does the project involve excavation or filling? ~No Yes lfYes, how much material will be excavated? How much material will be filled? ~,~ Manner in which material will be removed or deposited: (cubic yards) (cubic yards) Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) ~ard of Trustees Applicat~ WETLAND/TRUSTEE LANDS APPLICATION DATA Purposeoftheproposedopemfions: '~(-:?t:,,~ r~_.~:.,.q3 4 Area of wetlands on lot: ~ [ ~D square feet Percent coverage of lot: ~.Q, ~ ox Closest distance between ep,~est existing structure and upland edge of wetlands: ~ feet Closest distance between nearest proposed structure and upland edge of wetlands: ~ feet Does the project involve excavation or filling? Yes material will be excavated? ~ cubic yards If yes, how much How much material will be filled? ~" cubic yards Depth of which material will be removed or deposited: ~ feet Proposed slope throughout the area of operations: Manner in which material will be removed or deposited: Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): 617,,20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be cornp!et_,~d by A~plicant or Project Sponsor) 1. APPLICANT/SPONSOR ~2. PROJECT NAME Fishers Island Utility Company / Proposed dock and shoreline stabilization 3. PROJECT LOCATION: Municipality Fishers l~lantt County Stll~t'Olk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Private mad offof Tbe Gloaming Location map and survey enclosed 5. PROPOSED ACTION IS; [] New [] Expansion [] Modificat!o~altemtion 6. DESCRIBE PROJECT BRIEFLY; Applicant proposes to remove approximately 82' of dilapidated timber bulkhead and place 1-2 ton boulders along the shoreline, to remove an existing dilapidated dock and to construct a 4' x 90' fixed dock, 4' x t5' ramp and 8' x 20' float to be secured by three piles 7. AMOUNT OF LAND AFFECTED: Initially 0 ac~s Ultimately 0 acres 8. WILL PROPOSEO ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, descdbe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? De[~scdb~:Residential [] Industrial [] Commercial Singlc family dwellings with similar docks F-] Agriculture [] Park/ForostJOpen Space [] Other DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] No if Yes, list agency(s) name and permit/approvals; N.Y.S.D.E.C., Southold Town Trustees. USDOA & NYSDOS 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes, list agency(s) name and per. it/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Yes [] No I CERTIFY TH&T THE I~C~MATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ! App#ca.t/sponsorname: Ole~. ~.n~ Date: q If the action is in the Co~l ~ea, and you are a s~ agency, ~mplete t~ Coastal Assessment~ ~fore pro--ding wiffi this a~essment OVER 1 ~ _ ,., AD'T~ORI2,ATIO~q ~ mu= ozi~ml~) z(mm~i~ Southoid Bom'd of Town Trush~ on my behalf. 04/07/2.00~ 98:45 FAX 6.')1 788 7795 FITELEPHONE AP~ -7-~ 88: 51 FROM: ~TMO 6b~d348 : 7~ P. 2 County of Suffolk S,~,~ of N~-w York MAY-6-~086 13:36 FROM:JMO~NSULTING 6533348 T0:7887798 P.2 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 hi the Matter of the Application of COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING being duly sworn, depose and say: Thatontheg dayofD~ Y , 200~, .I personally postexi the propcrty known as by placin~ thc B~ard of Trustees official poster w~'ere Mn e~sily be seen, and that I have checked to be sure the poster has remained in place. __ _f°r eight days prior to the date of the public hearing. Date of hearing noted thereon to be held ~ rated: 5 Sworn to before me this ,2-2adday ofM~J 200~, Notax~/Public ROXANNE SPAULDING NOTARY PUBLIC, STATE OF NEW YORK No O1SPfll 13,q42 (]UAl [I II I) IN SI/,I I Ol K (:(]lINTY MY COMMISSKIN I X[ IIILS AUG Il, PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Nfll~e: 0,63 2,~0 f 1,85 USE Address: _ _ - uly sworn, deposes and say~ that on the ~ diay of ~-,J.~,~ ,20010, deponent mailed a tree 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 m,~of the Town of Southold; that said Notices were mailed at the United States Post Office at [ Out',ft~o. t~)~{, , that said Notices/we~e-/nailed ~ each of said persons by (certified) (regist0r~)m~l'm ~~/~/' ,/~ Sworn to before me this 3 i:~ (~ / Day of Notary Public GINA A. LOCKE No. 01 LO6057960 Nota~ Public, State of New Yo~ APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics orohibits conflicts of interest on the oart of town officers and emoloveas. The oumosc of this form is to orovide information which can alert the town of oossible conffict~ of interest and allow it to take whatever action is necessary to avoid saree. (Last name, first'narco, ~aiddle ~nitial, unlass you are applying in the narec of someone else or other entity, such as a company. If so, indicate the other pemon's or company's name.) NAME OF APPLICATION: (Check all that apply,) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other", name thc activity.) Do you personally (or through your company, spouse, sibling, parenL or child) have a relationship with any officer or employee oftbe Town of Southold? "Relationship" includes by blood, nlarriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial owncmhip of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares, YES NO ~'~ lfyou answered "YES", complete the 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/agenffrepresentative) 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) tho owner of greater than 5% of the shares of the corporate stock of the applicont (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when tha applicant is not a corporation); __.C) an officer, director, parlner, or employee of the applicant; or __D) the actual applicant, DESCRIPTION OF RELATIONSHIP Form TS 1 Submitted this ~_~___~f ~.,~.~200 ~ Signature J I I./~,~"~'-"'~/'~ Print Name J.M.O. Environmental Consulting Services June 12, 2006 Mrs. Lauren Standish Board of Town Trustees Town of Southold P.O. Box 1179 Southold, N.Y. 11871-1179 Re: Application for the Fishers Island Utility Company S.C.T.M.No. 1000-010-9-13 Dear Mrs. Standish: I have enclosed for your review and files the "Proof of Mailing of Notice" and the "Affidavit of Posting" for this application as well as a copy of the permit for this project which was recently issued by the N.Y.S.D.E.C. Slncer ly, JUL Phone (631) 653-0607 · Fax (631) 653-3348 121 Jessup Ave · 2nd Floor · P.O. Box 447 Quogue, New York 11959-0447 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold/s Code of Ethics orohibits conflicts of interest on the oart of town officers and emolovees. The ourno~e of this form is to nrovide infsrmatinn which can alert the town of oussible conflicts of interest and allow it to take whatever action is nec ss toa ~am . (Last name, first[ name, n~iddle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check ali that apply.) Tax grievance Building Variance Trustee f Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other", name the activity.) Do you personally (or through your company, spouse, sibling, pareat, or child) have a relationship with any officer or employee of the Town of Southold? "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 thc shares. YES NO ~ I you answered YES , complete the balance of th s form and date and mgn where indicated. Name of person amploynd by the Town of Southold Title or position of that person Deserihe 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 thc space provided. The town officer or employee or his or her spouse, sibling, patent, or child is (cheek all that apply): __.A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); __.C) an officer, director, par~er, or employee of the applicant; or __D) the actual applicant. DESCP-~TION OF RELATIONSHIP Form TS I Print Name Environmental Consulting Services Phone (631) 653-0607 · Fax (631) 653-3348 121 Jessup Ave · 2nd Floor · P.O. Box 447 ©uogue, New York 119,59-0447 TO: LDU~Sr~ Company Name FAX COVER SHEET Date: Attention Fax Number ~(~-- (~ ~ I Number of Pages Including Cover FROM: RE: MESSAGE: If you do not receive ~e correct number of page.~ p/ease call our o~ce as soon as possible Town of Southoid LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permit~ not located within the Coastal Erosion Hazard,4rea. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement 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 determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy oftbe LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# ~ID ~ - [~ The Application has been submitted to (check appropriate response): TownBoard ~ 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) Co) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Site acreage: Present land use: ~'qNa-W_.~ _{~ S~N~-~ 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: Co) Mailing address: (c) Telephone number: Area Code (d) Application number, if any: Will ~e ~fion ~ ~ly ~en, ~ ~d~g, or ~y a state or f~ ~ency? Yes ~ No ~ If yes, which sm~ or fede~ agency? I DE~PED COAST ~LICY 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 Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [] Yes No Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [] Yes [-~ No ~ Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. MinimiT~ loss of life, stl'llcture~, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ~-'T~ Yes [] No [] Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southoid. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria I~'Ves ~ No ~-~ Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems incindlno Significant Coastal Fish and Wildlife Habitats and wetlands. Sec LWRP Section III - Policies; Pages 2~ through 32 for evaluation criteria. No [] Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southolfl. See LWRP Section II1 - Policies Pages 32 through 34 for evaluation criteria. [] Yes ~ No ~ ]Not Applicable Attach additional sheets if necessary Policy 8. Minimi,e environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Pofieies; 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~ No'Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southoid'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 ~'~ Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peeonic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~Yes No Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes No[] NotAppiieabie Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [] Yes ~-] No [] Not Applicable Created on 5/25/05 11:20 AM Environmental Consulting Services Applicant: Fishers Island Utility Company Location: Private road offofThe Gloaming, Fishers Island S.C.T.M.No. 1000-010-9-13 The project consists of the applicant's request to remove approximately 82' of dilapidated timber bulkhead and place 1-2 ton boulders along the shoreline, to remove an existing dilapidated dock and to construct a 4' x 90' fixed dock, 4' x 15' ramp and an 8' x 20 float to be secured by three piles. The project site is at West Harbor. As part of my review of the Town's LWRP Consistency Form Section C, I offer the following comments regarding the Local Waterfi'ont Revitalization Policies and this proposed project: Policy 1. I do not feel that this policy is applicable to this project because the project will not result in a negative impact upon the desired development pattern of the Town of Southold nor shall it result in the loss of the community and landscape pattern of the Town of Southold. Policy 2. I do not feel that the project as proposed shall have any impacts upon the preservation and retention of historic resources, or any archeological resources nor the Coastal Culture of the Long Island Sound. The reason for this is that the project site has previously been "disturbed" and developed. The property itself was previously disturbed when the existing shed, driveway, dock and bulkheading were constructed. Policy 3. I do not feel that this policy is applicable to the project since the project will not have an impact on any scenic resource of the Town of Southold. Policy 4. I feel that the project is consistent with this policy for a number of reasons. The proposed dock reconstruction and shoreline stabilization Phone (631) 653-0607 · Fax (631) 653-3348 121 Jessup Ave ° 2nd Floor · P,O. Box 447 Quogue, New York 11959-0447 project has been based upon sound engineering practices and designed to the minimum scale necessary. The project shall have no adverse impacts upon adjacent properties or to natural coastal processes or natural resources. The project shall have no impact on any natural protective features nor shall it have any impacts upon public lands or lands in public trust. Lastly, the project does not involve the management of a navigational infrastructure nor are public funds involved with the project. Policy 5. I feel that the proposed project is consistent with this policy for a number of reasons. The project does not involve any direct or indirect discharges that would cause any negative impacts upon water quality standards. The project, which involves the removal of a failing timber bulkhead and the installation of the proposed boulders for shoreline stabilization will cause a one-time short-term increase in turbidity during construction activities. There shall be no increase or decrease in the pH, the dissolved oxygen or nutrients in the waterway and there should be no increase in noxious odors at the project site. There shall be no increase in negative health impacts such as pathogens, chemical contaminants or toxicity nor shall there be any negative aesthetic factors involved with the project. As previously noted during the construction activities involved with the project there shall be a short-term one-time increase in the turbidity of the waterway. This will involve a short-term discoloration of the waterway until the suspended solids sink to the bottom. The project does not involve watershed development or the quantity or quality of potable water. Policy 6. I feel that the project is consistent with this policy. The project as proposed shall have no impact upon the ecological quality in the Town of Southold. There shall be no negative impacts upon the adjacent West Harbor by the destruction of habitat or significant impairment to the tolerance range of any species of fish or wildlife. The project has also been designed to meet with of the regulatory requirements of the Board of Town Trustees of the Town of Southold, the New York State Department of Environmental Conservation, the New York State Department of State Coastal Management Program and the Army Corps of Engineers and to not have any impact on existing wetlands. The project should have no impact whatsoever upon any vulnerable fish, wildlife, plant species or rare ecological communities. Policy 7. I do not feel that this policy is applicable to this project since the project does not involve any atmospheric deposition of pollutants. Policy 8. I believe that the project is consistent with this policy. The project shall involve the disposal of solid waste, the old bulkheading, which shall be removed fi.om the project site as part of the project. There are no hazardous waste or toxic pollutants involved with the project. Policy 9. I do not feel that this policy is applicable to this project. The proposed project shall have no impact upon adequate physical public access to coastal resources, shall not impact any public visual access to any lands or waters, involve the public interest in and use of lands and waters held in public trust or to public access of such areas. Policy 10. I feel that the project is consistent with this policy. The project shall have no impacts upon any existing water-dependent uses of the site nor is the project located on Mattituck Creek/Inlet, Mill Creek or within the Village of Greenport and does not involve water-dependent uses at those sites. Policy 11. I feel that the project is consistent with this policy. The project does not involve aquaculture or the removal of shellfish fi.om uncertified waters of the Town of Southold nor shall it have a negative impact upon the long-term maintenance and health of living resources. Policy 12. I do not feel that this policy is applicable to the project because no agricultural lands are involved. Policy 13. I do not feel that this policy is applicable to the project since the project does not involve energy or mineral resources.