Loading...
HomeMy WebLinkAboutAkselrad, Evan . . 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 September 20, 2006 Catherine Mesiano Catherine Mesiano, Inc. 12 Mill Pond Lane East Moriches, NY 11940 RE: EVAN AKSELRAD 1355 SHORE DRIVE, GREENPORT SCTM# 47-2-27 Dear Ms. Mesiano: The Board of Trustees took the following action during its regular meeting held on Wednesday, September 20, 2006 regarding the above matter: WHEREAS, Catherine Mesiano, Inc. as agent for EVAN AKSELRAD applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated June 28,2006, and WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on September 20, 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 dock as proposed is located in an area restricted by Chapter 275 of the Town Code, specifically: . 2 . WETLANDS AND SHORELINE, 97-27, C. In Water. (2) Docks (bl Dock Locations and LenQths 1. No dock shall be erected if in the opinion of the Trustees such structure would adversely affect navigation, fisheries, scenic quality, or habitat areas. (dlReview and Aooroval of Dock Aoolications 1. Before issuing a permit for a dock structure, the Trustees shall consider whether the dock will have any of the following harmful effects: (d) Whether the dock will significantly impair the use or value of waterfront property adjacent to or near the dock (e) Whether the dock will cause degradation of surface water quality and natural resources (f) Whether the dock will cause habitat fragmentation and loss of significant coastai fish and wildlife habitats (g) Whether the dock will result in the destruction of or prevent the growth of vegetated wetlands, sea grasses including eelgrass and widgeon grass or shellfish Ul Whether the dock will be safe when constructed (k) Whether the dock will adversely affect views, view sheds and vistas important to the community and, WHEREAS, the applicant currently enjoys reasonable, safe, convenient access to the waters of the Town as demonstrated by the existing and accessible stairs to the beach, and, WHEREAS, "reasonable access" is defined as the ability for riparian property owners to access the navigable waters of the Town, and, WHEREAS, when, as here, the land ownership of the applicant is to the high tide mark, the Town may reasonably refuse to grant the proposed access over public property and rationally exercise its jurisdiction to deny the construction of a dock, and, WHEREAS, it is found that the area of shoreline where the dock is proposed currently is not developed with docks and in following the stated intent of the Town Code, the Trustees are committed to preserving such sections of shoreline, which still exist in their natural state, and to enhancing visual quality and protecting scenic resources of the Town, and, WHEREAS, the proposed dock will cause fragmentation of habitat and structural intrusion and change to the continuity and configuration of the natural shoreline, and, . 3 . WHEREAS, the proposed dock will run contrary to the Trustees' efforts to maintain the natural resources and the ecological integrity of the contiguous ecological community and maintain corridors to allow for the exchange of biological resources, and, WHEREAS, the Trustees support the findings of the Comprehensive Conservation and Management Plan for the Peconic Estuary, which was recently approved by New York State and the U.S. Environmental Protection Agency, and which Plan's goals include a policy of "no net increase" of hardened shoreline in the Peconic Estuary and thus the permission of the instant application would run counter to that policy, which the Trustees find to be consistent with the policy standards applicable to docks found in Chapter 275, and, WHEREAS, the Trustees believe that the installation of a dock in this area would adversely affect the shoreline, and, WHEREAS, this area consists of a significant and unaltered shoreline, a near shore shallow water habitat, and, WHEREAS, the dock is proposed in water that is very shallow, with only 3 feet of water at its seaward end, and, WHEREAS, the dock, as proposed, will interfere with navigation and boats traveling parallel to the shore, and, WHEREAS, the proposed dock faces the Southeast; in such direction that area experiences high winds and ice in the winter months any such structure would not be safe from the wind, weather, and ice conditions; Damage to a structure at that location would subject the shoreline downwind to significant harm in the event it breaks off, and, WHEREAS, the Town of Southold Senior Environmental Planner and Local Waterfront Revitalization Program Coordinator has recommended the proposed dock be found INCONSISTENT with the following Local Waterfront Revitalization Program Policy Standards: 1, 3.1(A, B, C, 0, E) 4, 5, 6.1 (A, B), 6.3(A), 9.4 (A, B, E), 9.5 (A, B, C,D), which recommendation attached hereto, and therefore be found INCONSISTENT with the Town of Southold Local Waterfront Revitalization Plan ("LWRP"), and, WHEREAS, the development of a dock in this area will interfere with public access to publicly owned lands and waters and in an area that is undeveloped, highly valued open space, a natural resource with visual and scenic views and the LWRP includes policies that demand the protection of such characteristics and resources, and, WHEREAS, the application for the proposed dock is contradictory to the findings of the Peconic Estuary Proaram's Comprehensive Conservation and Manaaement Plan, and Nature Conservancy's Peconic Bavs Natural Shoreline Committee, which . 4 . findings the Trustees find to be consistent with the policy standards applicable to docks set forth in Chapter 275. NOW THEREFORE BE IT RESOLVED, that the Board of Trustees, upon consideration of the application, personal inspection, public hearing, review of the completed Consistency Assessment Form, the recommendation of the LWRP coordinator, the policies of the LWRP and the above enumerated factors, find the proposed action to be INCONSISTENT with the Town of Southold Local Waterfront Revitalization Program, and, BE IT FURTHER RESOLVED, that for the above stated reasons and as reflected in the record the Board of Trustees DENIES the application of EVAN AKSELRAD to construct a 4'X 50' fixed dock with seasonal 4'X 14' ramp and 6'X 20' floating dock, and, BE IT FURTHER RESOLVED that this determination should not be considered a determination made for any other Department or Agency, which may also have an application pending for the same or similar project. Very truly yours, aaAU~ ~ 4 /Ja"'~~s F. King President, Board of Trustees JFK/hkc -; . ) .~~ I \ yj pJ P t<Q\roA. . . 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 South old Town Conservation Advisory Council held Mon., July 17, 2006, the following recommendation was made: Moved by Don Wilder, seconded by Jack McGreevy, it was RESOLVED to recommend to the Southold Town Board ofTrustees APPROVAL WITH A CONDITION of the Wetland Permit application of EVAN AKSELRAD to construct a 4'X 50' fixed dock with seasonal4'X 14' ramp and 6'X 20' floating dock. Located: 1355 Shore Dr., Greenport. SCTM#47-2-27 The CAC recommends Approval of the application with the Condition of a non-turf buffer behind the concrete wall and an aluminum catwalk. Vote of Council: Ayes: All Motion Carried . . 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 'I1RUSTEES TOWN OF SOUTtiOLD Date/Time: Southold Town Board ofT~stees Field InspectionIW orkses~i01- Report i i . I , i I I I , I I ;{-~7 7/ /~/tl? , , 1t1(5tt.~f}~ Name of Applicant: Name of Agent: 4- "/0 Property Location: SC1M# & Street Brief Description of proposed action: TyPe of area to be impacted: ~altwater Wetland _Freshwater Wetland Sound Front _Bay Front Distance of proposed work to edge of above: Part.flfTown Code proposed work falls under: ~haptA7 _Chapt. 37 _other ! I J7S / Type of Application: _....wetland _Coastal Erosibn _Amendment _Administrative Jmergency Info needed: Modifications: -; ;:U? /'1 - 51r5 I I , I H Conditions : 'Present Were: 0King ~oherty gDicketsoh ~v6. Bergen_l1.Holzapfel Other: ' MailedIFaxed to: . Date: I + + I -=::>-Z~7 I , , , + + CATHERINE MESIANO, INC. 12 MILL POND LANE EAST MORICHES, NY 11940 PHONE/FAX: 631-878-8951 E-MAIL: CMESIANO@OPTONLINE.NET TO: BOARD OF TRUSTEES, TOWN OF SOUTHOLD FROM: Catherine Mesiano SUBJECT: EVAN AKSELRAD SCTM # 1000-47-2-27 DATE: 8/29/2006 Attached is the survey revised to show the proposed dock as discussed at the July hearing. e AUG 2 S 2006 FROM : C MESIAND INC FAX NO. : 631-878-8951 Sep. 07 2006 08:58AM P2 FROM : SEA L8.JEL MAFP I f'(; FAK NO. :G~l?<2J~0 Se? 07 ~ 07:~3AM r~ - ~ ~,,----=:=T - "40' " "'*r: s Plan View ~ e., AkIlIIIIId PIoIlOled: Dack, ~ . FlaIl Pi.rpoee: PrfvaII Mooring Sl.lrwr;Id: ~ AmIrlcI8d: 7.11.08 08 as lI8, C>>Of.08 SCT# 1 ClOIl-47-U'7 Town: SoulhoIcl SuIroIk County, NY DCum: Low w.r.r l1de; 2.B .../- SEP j <,005 ....~ ...,~ -l e vO ", .,1> .'!I" Section .e' rfages'" To I'rom CoJDepl. Co. l'..1!ll' Propased Dock 4' x!l1 ". pi" - 8' ee) (nWIU 1bV. gr.) with a I8IIIO/laI 4'1115' IIIllp and 6' x 2O'1IaBt ",,"no' Fax' .none . Fad exist I:>lkd. .---W'i SEA LEVel MAPPING II'I-~ P.O. b" 5lI8 RIoAlhIIlI, 1lOIlERl' H.1'Ol( IMl PLSIIIOtI1 ~1l"J,"'" c.'....~- I'l8I:lcr.d ~ R. !'ox .line 'Of> (lxllit. bttm. e. plle6 e'c~. (,Qnl;tn/C.tk.lrI !I1Q\"<<lol!& f~ gpproved 11~ ...... . . I 1" = 40' w+e s Plan View Applicant: Evan Akselrad Proposed: Dock, Ramp & Float Purpose: Private Mooring Surveyed: 06-02-00 Amended: 7-11-00, 08-23-00 SCT# 10<l0-47-2-27 Town: Southold Suffolk County, NY Datum: Low Water Tide Range: 2.5' +/- 't:-"" ~<: "'", ~'\:~ ~~o ~-b .. '?> ~~~ ~1'~ ~ ./ \ -,\\"1> ~'6~ ~~~\ ~"'o\9 <<0 't ..:: 0 1-"<1< "I>~ ,J:o - .-.'- -\j,..-"'- ...--.... , _o~-...,.-.-- >/_')..5 /./ _It> ..............m.o?;......... _')"- /./ . /./1.~')t> .......1!,.................~"31- ,..-''''' _'3:2- //' ~:(r ,/., .. .. /'// ~<%. ~"I> ~~X~ ~U~ /' ..'\~ \ ."3' _"3;l _"31- _"35 e, 0-1 (, _"3;l _"3.b ."31- ."3.A e,0 ~ \ ~ A!'~ ':',' r- I.."..) !. Section _"35 1" = 20' Proposed Dock 4' x 50' (8" piles - 8' oc) (min 3.5' abv. gr.) with a seasonal 4' x 15' ramp and fI x 20' float ee I^l I^l SEA LEVEL MAPPING 631-722-3390 P.O. Box # 538 Riverhead, ROBERT H. FOX NYS PLS# 50197 8/24/200b O,Q4,15A-f C,\5LH\ak!>6Irad 0 exist blkd. !^let land Boundary at l'Iall R. Fox June 'Ob exist. bUm. 8" plies 8' O.c.. c.onstruction materials from approved list 1" = 40' w+e s Plan View Applicant: Evan Akselrad Proposed: Dock, Ramp & Float Purpose: Private Mooring Surveyed: 06-02-06 Amended: 7-11-06, 08-23-06 SCT# 100Q-47-2-27 Town: Southold Suffolk County, NY Datum: Low Water Tide Range: 2.5' +/- 't:-.... ~<: "'"" ~~~ ~ 'ir> ~~~ ~'f~ ~ ./ ~ t:\ .,........ -' ...\.//' ..-........K' 1 0. _' -J e.. ..O,lf.......... ...../ ,")/ ,t b -,/' G\ . // .1. ...._....-..-.....~7:' .'2.. , ....,.., // />-').~ ........../ .'3~ // .'2..1:1 _/15 ,,' ....----- / .,15f{ .../..//.. _'3 ~ ... q.,~ "" IS> ~.\'5 ~ "\ 'b'~ \\ .'3~ .'3~ .'3? '-l e, GO .'31l .'31l .'3.fo .'3~ .'3.1. e,0 <( \ ~ ~. 1 ~ r:. ,..., r h\..0 !.' Section .'3? 1" = 20' Proposed Dock 4' x 50' (8" piles - 8' oc) (min 3.5' abv. gr.) with a seasonal 4' x 15' ramp and 6' x 20' float ee I"l I"l \~ SEA LEVEL - MAPPING 631-722-3390 P.O. Box # 538 Riverhead, ROBERT H. FOX NYS PLS# 50197 e>I2;'~~~_..?;,~~~ exist blkd. I"letland Boundary at l^Iall R. Fox June '06 exist. bttm. 8" piles 8' O.c.. c.onstruc.tion materials from approved list . . MAIUNG ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTH OLD To: Town of Southold Board of Trustees From: Mark Terry, Senior Environmental Planner L WRP Coordinator SEP 1 8 LUe5 Date: September 18, 2006 Re: Proposed Permit to Wetland Permit for Evan Akselrad SCTM#I 000-47-2-27 Catherine Mesiano, Inc. on behalf ofEV AN AKSELRAD requests a Wetland Permit to construct a 4'X 50' fixed dock with seasonal4'X 14' ramp and 6'X 20' floating dock. Located: 1355 Shore Dr., Greenport. SCTM#47-2-27. The dock structure totals 84 feet and is located in Pipes Cove, a area that has been identified by the Town of Southold as ecologically significant. 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 (L WRP) Policy Standards. Based upon the information provided on the L WRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the following L WRP Policy Standards and therefore is inconsistent with the LWRP; Policy Standard 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. The proposed action is for private nse and will not support a pattern of development that enhances community character nor preserves "public" open space. Additionallv. the applicant does not propose sufficient mitil!ative desil!n and construction best manal!ement practices that will minimize the adverse effects of the action on the environment. scenic view shed or the use of public waters/lands to the l!reatest extent possible. 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. 3.1 Enhance visual quality and protect scenic resources throughout the Town of Southo/d including: A. Minimize the introduction of structural design components (including utility lines, lighting, signage and fencing) which would be discordant with existing natural scenic components and character, B. Screen components of development which detract from visual quality, . . C. Using appropriate siting, scales, forms, and materials to ensure that structures are compatible with and add interest to existing scenic components. D. Preserve existing vegetation and establish new indigenous vegetation to enhance scenic quality, and E. Protect visual quality associated with agricultural land, open space and natural resources. The applicant has not demonstrated that the dock structure would not adverselv impact the scenic viewshed of the Pipes Cove area. 4. Minimize loss of human life, structures. and natural resources from flooding and erosion. No loss of human life is expected as a result ofthe action. If approved the structure will be desil!Ued and coustructed to tolerate floodin!! and minimize erosion. 5. Protect and improve water quality and supply in the Town of Southold. The materials used to construct the dock are uuknown and should be identified The applicant references "construction materials from an approved list" the list is unknown. The use of the dock must be identified. The installation of the proposed dock may promote power boat traffic and the possible followin!! ne!!ative impacts may occur as a result of the shallow depth 3.1' to 3.2' at low water of the area: Impacts to submer!!ed aquatic ve!!etation. Contamination from fuel dischar!!es (if power vessels are proposed) Re-suspension of bottom sediments and turbidity 6.1 Protect and restore ecological quality throughout the Town of South old. 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: I. 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. The dock structure will result in the phvsicalloss of marine habitat. Phvsical impacts will include but not be limited to: chronic shadin!! of the substrate where the dock is located. B. Protect and restore ecological quality by adhering to the following measures. I. Maintain values associated with natural ecological communities. Each natural ecological community has associated values which contribute to the ecological quality of the Town of Southold. 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 orocesses. The orooosed action would result iu a ohvsicalloss of ecological components as indicated above. 6.3 Protect and restore tidal andfreshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction I. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The applicant has not demonstrated that the following dock standards pursuant to & 275-11. Construction and operation standards have been met. (d) Review and approval of dock applications. Before issuing a permit for a dock structure, the Trustees shall consider whether the dock will have any of the following harmful effects: [I] Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion; [2] Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, waterskiing and other water-dependant activities; [3] Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; [4] Whether the dock will significantly impair the use or value of waterfront property adj acent to or near the dock; [5] Whether the dock will cause degradation of surface water quality and natural resources; [6] Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; [7] Whether the dock will result in the destruction of or prevent the growth of vegetated wetlands, seagrasses including eelgrass (Zostera marina) and widgeon grass (Ruppia maritima) or shellfish; [8] Whether the dock will unduly restrict tidal flow or water circulation; [9] Whether the dock will be safe when constructed; [10] Whether the dock will adversely affect views, viewsheds and vistas important to the community; [II] Whether the cumulative impacts of a residential and commercial dock will change the waterway or the environment and whether alternate design, construction, and location of the dock will minimize cumulative impacts; and [12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. . . 9.4 Assure public access to public trust lands and navigable waters. A. Provide free and substantially unobstructed passage along public trust shorelands. The dock structure will protrude from the existinl! bulkhead a minimum 3.5' above l!rade. The structure will obstruct and impede public access to and alonl! the shoreliue. B. Ensure that inteiference 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 tbe line of mean high water for navigation, recreation, and other public trust purposes, including the incidental rights of public anchoring. The proposed action has not demonstrated that it meets or furthers the above sub policv. 4. Structures extending bevond tbe minimum necessary for access to navigable waters impair public trust interests and open space values associated witb the water's surface. Allow such structures only in tbe 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 tbe 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. 9.5 Provide access and recreation that is compatible with natural resource values. A. Provide appropriate access and associated recreational activity that will avoid potential adverse impacts on natural resources. Use the following factors in determining the potential for adverse environmental effects: I. intensity of the associated recreational. scientific. or educational activity, 2. level of likelv disturbance associated with the proposed activity. The following types of access or associated activities are listed in decreasing order of potential for disturbance: a. motorized activities, b. active. non-motorized activities. including water-dependent and water- related uses. c. passive activities, d. avoidance of the area. 3. Sensitivity of the natural resources involved and the extent of the ecological benefits associated with avoidance ofthe area. B. Limit public access and recreational activities where uncontrolled public use would lead to impairment of natural resources. ~ . . 1. Establish appropriate seasonal limitations on access and recreation in order to minimize adverse impacts on fish and wildlife species. 2. Provide stewardship that is capable of controlling anticipated adverse impacts before providing public access. 3. Physically limit or avoid provision of public access to natural resource areas whose principal values are based on the lack of human disturbance. 4. Provide educational, interpretive, research, and passive uses of natural resources through appropriate design and control of public access and recreation. C. Provide public access for fish and wildlife resource related activities, including fishing and hunting, provided that the level of access would not result in a loss of resources necessary to continue supporting these uses. D. Provide access using methods and structures that maintain and protect open space areas associated with natural resources. Determine the extent of visual and physical impairment by structures extending through these open space areas based on: 1. the value of the open space as indicated by un-fragmented size or mass of the wetland or other natural resources, distance to navigable water, and wetland value. 2. the size, length, and design of proposed structures The applicant currently enjoys access to public waters through tbe location of the waterfront parcel. The applicant has not demonstrated that the proposed action meets the above listed policies. Correspondinl!lv. the LWRP does not support the construction ofPRIV ATE dock structures on public lands. The L WRP recommends the use of "alternatives to Ion!! Diers or docks include use of din!!hies to reach moored boats and moor/nIl in nearby marinas ". Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. . . lc';~ lEr'0 '--"'11 ;t 1 !:rl1l JUN 2 8 2006:.:~ i ._..._.1 Office Use Only Coastal Erosion Permit Application ~etland Permit Application _ Administrative Permit Amendment/Transfer/Extension /Received Application:~ ~eceived Fee:$ ~y --Completed Application Jcld ~JCL _Incomplete _SEQRA Classification: Type I_Type 11_ Unlisted_ Coordination:(date sent) ....LS-AC Referral sent:~ ~ate of Inspection: '), I :\.1 t'lh _Receipt ofCAC Report: _Lead Agency Determination:_ Technical Review: ~blicHearingHe~ Resolution: - LLU2...1' .....- Ii ,/r. '--'I I . u SrJi,;:-..:}'j T:' ,fl ...._~,.__~~,:~Lj elf Trl:::'}~::'~__~_J Name of Applicant EVAN AKSELRAD Address 19 Murray Street 4th Fl.. New York. NY 10007-2240 Phone Nwnber: (212) 267-9385 x21 Suffolk County Tax Map Nwnber: 1000 - 47-2-27 Property Location: 1355 Shore Drive. GreenDort. NY (provide LILCO Pole #. distance to cross streets, and location) AGENT: Catherine Mesiano. Inc. Address: 12 Mill Pond Lane East Moriches. NY 11940 Phone: 631 878 8951 c~ q~ CDl;}*' . . Land Area (in square feet): Area Zoning: R-40 Previous use of property: residential site - under construction Intended use of property: sinale familv dwellina wI dock. ramD & float Prior permits/approvals for site improvements: Agency DMe Southold Board of Town Trustees Wetlands Permit #5904 dated ADri121. 2004. renewal and amendment 4/2006 Southold Board of Zonina ADDeals Board of Trustees Application GENERAL DATA 13.262 SQ.ft. 2004 _ 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 ifnecessary):_ CONSTRUCTION OF 4' X 50' FIXED DOCK WITH SEASONAL 4' X 14' RAMP AND 6' X 20' FLOAT. . . Board of Trustees Application Board of Trustees Application WETLANDffRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: construct dock for recreational marine access Area of wetlands on lot: 0 square feet Percent coverage of lot: 0 % Closest distance between nearest existing structure and upland edge of wetlands: n/a feet Closest distance between nearest proposed structure and upland edge of wetlands: 45' feet Does the project involve excavation or filling? X No Yes -- rfyes, 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 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): NO NEGATIVE EFFECT ON WETLANDS OR TOWN WATERS IS ANTICIPATED AS A RESULT OF THE PROPOSED ACTION. . . ,. APPLICANT I SPONSOR E.VAN AkS b'd~..t b 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by Applicant or Project Sponsor) 2. PROJECT NAME SEaR I PROJECT 10 NUMBER PART 1 . PROJECT INFORMATION /35:5 5 tfo L.8 3.PROJECT LOCATION: Municipality 6.e.6 Po 7 County SU P r 4. PRECISE LOCATION: Street Addess and Road Intersections. Prominent landmarks ate -~ provide maD ::J1.s sit",/!..&" i:>1l.. ~ /350' c.P/ 5,L vi'".LYTlE,iL,? F-- r( 5. IS PROPOSED ACTION: New 0 Expansoo 0 Modiftcation I alteration 6. DESCRIBE PROJECT BRIEFLY: ~ ~ S .J.-v '"' c..- +-.....:....... 0.( dock I V-o....vn ~ ~ += ( .. 0.:{ -- . , / n 7. AMOUNT OF LAND AFFECTED: Initially . ~ acres Ultimately..3 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? DYes [fl No tf no, desaibe briefly: :z.. e.A- IICv....., ~ ... I'J/),... ..p D V\.... ~......L .<.. 75' ~ ~ 9. WHAT IS PRESENT LAND USE IN VICINITY ~ Residential 0 Industrial 0 Commercial OF PROJECT? (Choose as many as apply.) DAQncutture D Park / Forest I Open Space Dother (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal. State Of Loc:al) rnves 0 No If yes, list agency name and permit I approval: Sc. /-rT>, N 'IS f>?C- 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAl? DYes ~No If yes. list agency name and permit I approval: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT I APPROVAL REQUIRE MODIFICATION? Ove. 0 No 'Y\ "- I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Y I " ."7( Applicant Date: r,) / d.,,), 0" Signature U"L- (! IfTr-tefUiV6 es/ANO C. Ifthe action Is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment . Board of Trustees lIppl_Uon COunty of Suffolk State of New York CYAN A K~ ~I(AP BEING DULY SWORN DEPOSI!S AND AFFIRMS THAT HFJSHB IS TIlE APPLICANT FOR TIlE ABOVE DESCRIBED PERMIT(S) AND mAT AU.. STATEMENTS CONTAlNED HEREIN ARE TRUE TO THE BEST OF HIS/HEllKNOWLEDGE AND 'RRT .TF.F, AND THAT AU.. WORK WILL BE DONE IN TIlE MANNER SET FORTH IN TInS APPLICATION AND AS MAY BE APPROVED BY TIlE SOlITHOlD TOWN BOARD OF TRUSTEES. TIlE APPLICANT AGREES TO HOlD TIlE TOWN OF SOlITHOlD AND TIlE TOWN TRUSTEES HARMLESS ANI) FREE FROM ANY AND AIL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING TInS APPLICATION, I HEREBY AUTHORlZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECf THE PREMISES IN CONJUNCTION wrra VIEW OF THIS APP1TCATIO . SIgnature SWORN TO BEFORE ME THIS J.")~ ~AY OF ~ 1 \ \ .20 O~ tlQ ~Q Notary Public BEVERLY HART ~oto.ry PubHc. Sratt! c! r..rl)W Yark No. 24-4872993 . Qualified In Kings CounlV c\ roo / ')ommJulon expires Ocl 8. ~ a ~ . , . . . STATE OF NEW YORK) COUNTY OF ) SS: EVAN AKSELRAD , being duly sworn, deposes and says: I reside at -' 6,1 -J A,( <;;--'1' - 1+ ~ In the County of rJA-f{I-i.4,-rAi0 and the State of II.{ Cl0 'f c c...!C- And I am CONTRACT VENDEE of the premises described in the foregoing application and that I have authorized CATHERINE MESIANO, INC. to make the foregoing application as described herein. {l~- EVAN AKSELRAD Date: (1&/ D1- v Sworn before me this~ day of 'J0Vi ,20~Lj- ;~ ~ - Notary Public susAN JOHIII Nolary PublIc. SIaIa 01 New 'Ibrk No- 01J060S45114 QuaHfled in Queens County My Commission Expires March 24. 2007 . <. . . , . APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics orohibits conflicts of interest on the Dart of town officers and emolovees. The ouroose of this fonn is to orovide infonnation which can alert the town of oossible conflicts of interest and allow it to take whatever action is necessarY to avoid same. YOUR NAME: EVAN AKSELRAD NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance Change of zone Approval of plat Exemption from plat or official map Other (If "Other," name the activity) VARINACE. WETLANDS PERMIT. BUILDNG PERMIT Do you personally (or through your company, spouse, sibling, parent, 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 the shares. YES NO x If you answered ''YES," complete the balance of this fonn 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) 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); the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); an officer, director, partner, or employee of the applicant; or the actual applicant. _B) _C) _D) DESCRIPTION OF RELATIONSHIP 1H~ Submitted th~ a of ~ ~oo4 Signature ( . ... Print name EVAN AKSELRAD . . Town of South old LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS I. 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 Permit 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 South old Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of South old Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the L WRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the L WRP policy standards and conditions. If an action cannot be certified as consistent with the L WRP policy standards and conditions, it shall not be undertaken. A copy of the L WRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 53 6 - 8 The Application has been submitted to (check appropriate response): Town Board Planning Dept. Building Dept. X Board of Trustees 1. Category of Town of South old agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit. aooroval. license. certification: Nature and extent of action: :~:~ L-;:-, r----- JUN 2 8 2005 . . IN-PLACE REPLACEMENT OF EXISTING 75' BULKHEAD WITH VINYL- SHEATHED BULKHEAD; CONSTRUCTION OF 4' X 65' LOW-PROFILE FIXED WALK WITH SEASONAL 4' X 20' RAMP AND 6' X 20' FLOAT Location of action 1355 Shore Drive. GreenDort Site acreage: .26 Present land use: sinale family dwellina - u/c 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: Evan Akselrad (b) Mailing address: 19 Murray Street 4th FI.. New York. NY 10007-2240 (c) Telephone number: Area Code (212) 267-9385 x21 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes No If yes, which state or federal agency? NYSDEC. NYSDOS. USACOE 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. Yes No Not ADDlicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources ofthe Town of Southold. See L WRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes No Not ADDlicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See L WRP Section III - Policies Pages 6 through 7 for evaluation criteria Yes No Not ADDlicable . . Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See L WRP Section III - Policies Pages 8 through 16 for evaluation criteria Yes No Not Aoolicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See L WRP Section III - Policies Pages 16 through 21 for evaluation criteria Yes No Not Aoolicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function ofthe Town of South old ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See L WRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes No Not Aoolicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of South old. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. Yes No Not Aoolicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See L WRP Section III - Policies; Pages 34 through 38 for evaluation criteria. Yes No Not Aoolicable PUBLIC COAST POLICIES . . Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources ofthe Town of South old. See LWRP Section 111- Policies; Pages 38 through 46 for evaluation criteria. Yes No Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See L WRP 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 Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Yes No Not Applicable The proposed activity will promote recreational use of marine resources. allow for boat access with minimal disturbance to bav bottom Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of South old. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes No Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See L WRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes No Not Applicable Created on 5/25/05 11:20 AM . . CATHERINE MESIANO, INC. 12 MILL POND LANE EAST MORICHES, NY 11940 PHONE/FAX: 631.878.8951 e-mail: cmesiano@optonllne.net June 28, 2006 Jim King, President Southold Board of Town Trustees Box 1179 Southold, NY 11971 RE: Evan Akselrad 1355 Shore Drive, Greenport SCTM # 1000-47-2-27 Dear Mr. King: I am the agent for the above referenced applicant. The Board of Town Trustees granted Wetlands Permit #5904 on April 21, 2004 for construction of a single family dwelling. And subsequent extension of the permit and amendment that includes re-grading and creation of non-turf buffer area 25' x 100' at seaward edge of property to be contained by installation of 6" high concrete retaining wall and metal landscape edging and landscape plantings. We now request a permit for construction of 4' x 50' fixed dock with seasonal 4' x 14' ramp and 6' x 20' float. Enclosed please find the following: 1. Application 2. Transactional disclosure 3. Release 4. Authorization 5. Survey prepared by Sea level Mapping last dated 612/2006 6. lWRP form ..., .:jj".yf E',Ar" Also enclosed is Mr. Akselrad's check in the amount of $250 for the application fee. Please note that I would like to meet the Trustees at the field inspection. Kindly confirm. Thank you for your consideration. Very truly yours, ~ Catherine Mesiano, President . . Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of South old 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 Permit 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 South old Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of South old Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the 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 L WRP policy standards and conditions. If an action cannot be certified as consistent with the L WRP policy standards and conditions, it shall not be undertaken. A copy of the 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 offict;._;-c: 1.::::1 B. DESCRIPTION OF SITE AND PROPOSED ACTION ,-- , I AUG 1 5 2006 SCTM# S3 6 - 8 i i The Application has been submitted to (check appropriate respon~e): i----s: , \ r,. Town Board Planning Dept. Building Dept. X Board-I)f :rrustees -- 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit. approval. license. certification: Nature and extent of action: -., c';.,.': IN-PLACE REPLACEMENT OF EXISTING 75' BULKHEAD WITH VINYL- SHEATHED BULKHEAD; CONSTRUCTION OF 4' X 65' LOW-PROFILE FIXED WALK WITH SEASONAL 4' X 20' RAMP AND 6' X 20' FLOAT . . Location of action 1355 Shore Drive. Greenport Site acreage: .26 Present land use~ sinale familv dwellina - u/c 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: Evan Akselrad (b) Mailing address: 19 Murrav Street 4th Fl.. New York. NY 10007-2240 (c) Telephone number: Area Code (212) 267-9385 x21 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes No If yes, which state or federal agency? NYSDEC. NYSDOS. USACOE DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of South old 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. Yes No Not Auulicable Construction of a dock at this site is proposed in a manner consistent with the existina docks in the immediate area and has no impact on the "pattern of development in the town". Policy 2. Protect and preserve historic and archaeological resources ofthe Town of Southold. See L WRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes No Not Auulicable The proposed proiect is not located near anv historic sites or districts Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See L WRP Section III - Policies Pages 6 through 7 for evaluation criteria Yes No Not Auulicable Construction of the dock is proposed in a manner consistent with the existina docks in the immediate area. . . NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See L WRP Section III - Policies Pages 8 through 16 for evaluation criteria Yes No Not Applicable Construction of the proposed dock will be done in accordance with NYSDEC requlations and Chapter 97 of the Town Code Policy S. Protect and improve water quality and supply in the Town of South old. See L WRP Section III - Policies Pages 16 through 21 for evaluation criteria Yes No Not Applicable Development of the site will be done in accordance with FEMA standards, NYSDEC requlations, Chapter 97 of the Town Code and Article 5 and Article 7 of the Suffolk County Sanitary Code. However Policy 5 has no relevance to construction of the proposed dock. Policy 6. Protect and restore the quality and function of the Town of South old ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See L WRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes No Not Applicable Construction of the proposed dock will be done in accordance with NYSDEC requlations and Chapter 97 of the Town Code 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. Yes No Not Applicable It does not appear that Policy 7 is relevant to construction of the proposed dock. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See L WRP Section III - Policies; Pages 34 through 38 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 8 is relevant to construction of the proposed dock 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 L WRP Section 111- Policies; Pages 38 through 46 for evaluation criteria. Yes No Not Applicable Construction of the proposed dock will have no impact on public access to. and recreational use of, coastal waters, etc. . . WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See L WRP Section III - Policies; Pages 47 through 56 for evaluation criteria. Yes No Not Auulicable It does not appear that Policy 10 is relevant to construction of the proposed dock on a pre-existinq non-conforminq residential lot 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. Yes No Not Applicable The proposed activitv will promote recreational use of marine resources. allow for boat access with minimal disturbance to bay bottom Policy 12. Protect agricultural lands in the Town of Southold. See L WRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes No Not Auulicable It does not appear that Policv 12 is relevant to construction of the proposed dock on a pre-existinq non-conforminq residential lot 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 Auulicable It does not appear that Policv 13 is relevant to construction of the proposed dock on a pre-existinq non-conforminq residential lot Created on 5/25/05 11 :20 AM